On Thu, 1 Sep 2005, Conor Daly wrote:
> Referring to the original box-set RHEL 3 binary CDs:
>> there are 364 rpms which do not contain "GPL" in their 'License' =
> field . The sorted list of these produces 5 'License' entries =
>  that I cannot immediately identify as redistributable along =
> with 3 packages which are "Copyright =A9 2003 Red Hat, Inc. All =
> rights reserved." . The results of my search are below.
2 of the RedHat packages are explicitely listed in the RHEL licence - =
which btw is the *GPL* apart from those two RPMs.
One presumes that third (C) RedHat RPM therefore is redistributable, =
at least as part of RHEL (after all, RedHat say it is), given RedHat =
grant you that GPL licence to RHEL as a collective work, other than =
those two RPMs.
>> 2. Does the RPM build process mix trademark-encumbered contents from
>> redhat-logos and anaconda-images into various other packages'
>> installations, during compilation? The answer to this is almost
>> certainly "Yes". If so, then many more of RHEL's _binary_ RPMs are
>> trademark-encumbered (and thus proprietary) than just redhat-logos and
Sigh. Rick is confused between trademark and copyright law.
> But the right to copy cited above allows non-commercial copying of =
> the trademarks (there is further commercial copying and =
> redistribution terms in the same file). It does encumber a GPL =
> licensed program with proprietary data. Is that reasonable under =
> the GPL?
Can you give an example of a package?
A GPL package can contain:
- Data/images/software that is RedHat "All rights reserved"
- If images, those images could be of RedHats' trademarks
- RedHat would have to grant a GPL licence to the files, for them to
be part of GPL software.
Having an image that is distributable under the GPL, is not =
incompatible with that image depicting a trademark.
Copyright affects the right to copy. Trade marks affect the right to =
trade using a mark.
> Given that the rpm is a packaging method rather than the software =
> itself, it may be reasonable but appears contrary to the GPL since =
> it encumbers the recipient from redistributing the binaries.
No, it doesn't, if RedHat grant a GPL licence to copying the image =
concerned - which they undoubtedly do given they seem to have pretty =
clueful lawyers wrt open-source.
The trademark grants RedHat rights in a completely different area, =
completely unrelated to copyright. An image can be both copyrighted, =
and depict a trade mark, but those two things are quite different.
Paul Jakma paul at clubi.iepaul at jakma.org Key ID: 64A2FF6A
The hardest thing is to disguise your feelings when you put a lot of
relatives on the train for home.
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