Brian Coyle wrote:
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>On Sunday 16 June 2002 19:29, R P Herrold wrote:
>
>
>>On 16 Jun 2002, Seth Hollen wrote:
>>
>>
>>>I have been following this with lots of interest.
>>>one question to everyone... from what I am reading it sounds as if I
>>>build a box and buy a copy of RETAIL REDHAT 7.3, say from bestbuy, and
>>>install it, THEN sell it, I am breaking the law.
>>>is this correct?
>>>
>>>
>
>According to RH that is the case. You can copy/reditribute the code
>but no their trademarks. See below.
>
>
>
>>No. What is being said are kerb-side gossip, without a clear
>>statement of underlying fact and a knowledgable analysis of
>>the issues involved.
>>
>>
>
>more below.
>
>
>
>>Red Hat maintains a open, anonymous FTP mirror of its GPL'd
>>software, sources and binaries, and updates, free for all
>>comers, and more besides. Use and enjoy, commercially or
>>personally, as much as you wish, under the GPL.
>>
>>
>
>RH claims a trademark on the RedHat name and shadow guy. You can't
>use those on a product you resell (without permission).
>
>
>
>>They do NOT wish you to represent _YOU_ are Red Hat or Red Hat
>>authorized, if you are not in an arrangement which permits
>>them to ensure the quality of the services, and the protection
>>of their Trademarks and Copyrights.
>>
>>
>
>This thread has spun way out of control. I'm surprised no one bothered
>to check the RH info before resorting to name calling and other flames...
>
>Here's a copy of what I found on the RH site after I read the first post.
>
>
> [ as originally posted to
> http://lists.leap-cf.org/pipermail/leaplist/2002-June/020911.html ]
>
>- ---------------------------------
>
>There's some talk on the SLUG list [1] that they have replaced RH w/SuSE on a
>K12-like school project due to some infringement issues. I don't have all
>the details (and IANAL), but I did some digging on RH's site and found this:
>
>http://www.redhat.com/licenses/rhl_7-3_personal_us.html?location=United+States&
>
>"THE "RED HAT" TRADEMARK AND RED HAT'S SHADOW MAN LOGO ARE REGISTERED
>TRADEMARKS OF RED HAT, INC. IN THE UNITED STATES AND OTHER COUNTRIES. WHILE
>THIS LICENSE AGREEMENT ALLOWS YOU TO COPY, MODIFY AND DISTRIBUTE THE
>SOFTWARE, IT DOES NOT PERMIT YOU TO DISTRIBUTE THE SOFTWARE UTILIZING RED
>HAT'S TRADEMARKS. YOU SHOULD READ THE INFORMATION FOUND AT
>http://www.redhat.com/about/trademark_guidelines.html BEFORE DISTRIBUTING A
>COPY OF THE SOFTWARE, REGARDLESS OF WHETHER IT HAS BEEN MODIFIED."
>
>
>http://www.redhat.com/about/corporate/trademark/guidelines.html
>
>says:
>
>"It is important to understand that, although Red Hat allows third parties to
>replicate its open source software under the GNU GPL, absent a written
>agreement or other express permission it does not allow third parties to use
>its trademarks."
>
>
>The good news is:
>
>http://www.redhat.com/about/corporate/trademark/page9.html
>
>states non-profits and LUGs can still copy & distribute CD-ROMs... (whew!)
>Businesses can also redistribute internally.
>
>However, if you're a reseller, contractor, consultant or the like, it might
>be prudent for you (and your lawyer) to review the details before you
>install/copy that RedHat CD for a client...
>
>- ---------------------------------
>
>RH is within their rights to claim and enforce trademark on their stuff.
>You are within your rights to refuse to use RH products, if you so choose.
>
>The Linux industry is built upon survival of the fittest. If enough
>people choose to forgo RH for another distro, then RH will have to
>change or wither...
>
>
>BTW- I have no relationship with RH other than as a (sometimes) user.
>
>
>- --
>Security is simply a speed bump, not a road block.
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Yes.
If you are an educational institution, a not-for-profit organization, a
user group, or an individual affiliated with or employed by any of those
organizations, Red Hat grants you a trademark license with respect to
the RED HAT mark for use with the non-commercial redistribution of Red
Hat® Linux® in the form you electronically downloaded it from our FTP
site or other authorized electronic download sites or as copied from an
original disk from Red Hat or its authorized distributors (either from
the boxed set or delivered directly to you by Red Hat or an authorized
distributor). We consider non-commercial redistribution to be any
distribution for which you charge no more than the cost of replicating
the CD and a reasonable handling fee. If any copies are to be
distributed to individuals outside your organization, either the label
or an accompanying printed document must indicate that: (a) the
distribution is provided without any warranties (unless you elect to
provide those warranties); and (b) this distribution does not include
support (either technical or developer) services from Red Hat but that
such services may be purchased from Red Hat separately. If you are
making copies available for electronic download from your site, these
same statements must be prominently displayed prior to any download
being initiated. (Authorized FTP or Electronic Download Sites, please
see below.) Of course, you are always permitted to redistribute the code
without utilizing Red Hat's trademark so long as you otherwise comply
with the GNU General Public License and Red Hat's Trademark Guidelines.
http://www.redhat.com/about/corporate/trademark/page9.html
Still is up, and that is what it says.
So, so long as RedHat is CLEARLY made not liable to support what you
install and sell, AND you make clear that you are not RedHat's agent, it
is decent. The business statement is as follows, and that is for
business use:
If you are an individual or business (including all subsidiaries of such
business) and you only intend to use Red Hat® Linux® personally or, in
the case of a business, internally, in the original form delivered by
Red Hat (or its authorized distributors) or with modifications provided
by Red Hat, you have permission to apply Red Hat's trademarks to all
such internal copies. Please note that without a separate support
contract from Red Hat, only an original purchased copy comes with
installation support. And of course, you are always permitted to
redistribute the code without utilizing Red Hat's trademark so long as
you otherwise comply with the GNU General Public License and Red Hat's
Trademark Guidelines.
Now, purchasing and selling the software at cost and maintaining
registration integrity to the end user\client will not violate anything
at all. Installation can be set up so you support the install work, and
you can bill separately as a line item for that work and support
subscription to YOU if you make clear that RedHat is not to be held
liable for that work or support it-- if you need tech support, you will
then get to pay RedHat for it, or your client will-- whoever the
registered stuff goes to, if this is a business, should be the
registered person of record with RedHat.
John.
-- _______________________________________________________________________________ Registered Linux User #276212, Machine #158988 "Use what works best for your needs, at minimum total cost of ownership."
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