[WBEL-devel] Self Intro and some legal food for thought

[Paul Iadonisi]

Hello list,
  I've been following this new project with a high degree of interest. 
I've been using Linux now for over seven years, most of that in the form
of Red Hat Linux (since version 3.0.3 on an Alpha UDB, aka Multia).  I
did some short term contract work for Red Hat a few years ago, got my
RHCE, promoted Red Hat to friends and co-workers and even went as far as
getting a set of vanity vehicle registration plates that read 'REDHAT'. 
I'm also a RHAT stockholder.
  I've long been a defender of Red Hat and the many controversial,
primarily technical decisions they have made.  But, sadly, like many in
my shoes, I feel a bit betrayed by the recent decision they've made.  I
won't go into the details of why I feel the way I do, as I think they've
been gone over enough on many places all over the net.  Instead, I had
decided a little while ago to use that energy on something productive.

  Rebuilding Red Hat Enterprise Linux.

  I had actually completed my rebuild of all of the SRPMS, starting with
the taroon beta, and then a second time to be sure it was self hosting. 
THEN I found WBEL.  I still may go forward with my own build, as I was
intending on branding it myself, but I'm intrigued by WBEL and believe
there may be some areas for me to contribute.  The Fedora lists are just
too dang noisy and I'm hoping that this list can be more focused.  From
what I've read in the archives, this looks to be the case.  So I look
forward to participating here.
  I did want to present one interesting tidbit I've been pondering for a
couple of weeks that I would like feedback on if anyone cares to
respond.  Along with the torrent files for WBEL, I also ran across
torrents for the official RHEL 3 AS binaries.  I grabbed them mostly to
poke around in the license files and such.
  Well, I've seen a lot of discussion here and elsewhere about Red Hat's
new approach and one thing sticks out.  There seems to be some confusion
regarding *license* versus *contract*.  And I think one of the questions
the Matt Szulik answered on Slashdot actually did clarify it, but some
people are still missing the point.  From what I can tell, save the
trademark/logo issue, there is absolutely nothing I can find that
restricts the use of RHEL 3 AS on as many boxes as you like without
paying for it and exercising any other rights granted under the GPL
anywhere on the CDs.  It is only by signing a contract with Red Hat for
support that your rights become restricted.
  But, you may say, you can't get a copy of the binaries without
agreeing to the contract.  But what if someone violates that contract
and gives you a copy?  I'm not suggesting that people go and do that,
but just stating a fact that someone most certainly has done that
already and now I've got a copy that I never signed a contract in order
to receive.  I've now got to wonder if I can install this copy of RHEL 3
AS on as many machines as I want (disabling rhn, of course).
  To the best of my knowledge a) I'm not infringing on any trademarks
because I'm not distributing it outside my organization, b) I'm not
violating any contract since I don't *have* a contract with Red Hat, c)
I'm not violating any copyrights, since the code (or more correctly, the
*collection*) is licensed under the GPL.  So what's to stop me?
  Anyhow, I just presented this for discussion as what I think is a
possible legal loophole that Red Hat has left open.  Truthfully, they
could go after whoever violated their contract, and they could also go
after anyone redistributing it after the fact based on trademark
violations.  So I don't think it's going to be a huge issue for them. 
And in case anyone's wondering, for the record, I don't plan on running
RHEL without paying...I'll likely be running WBEL or my own branded
version instead.  NOR do I plan on distributing the official RHEL 3 AS
to *anyone* as I would then be in violation of Red Hat's trademarks.

Oh, and BTW: IANAL ;-)

-Paul Iadonisi
 Senior System Administrator
 Red Hat Certified Engineer / Local Linux Lobbyist
 Ever see a penguin fly?  --  Try Linux.
 GPL all the way: Sell services, don't lease secrets