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Red Hat and the GPL

Red Hat and the GPL

Posted Mar 9, 2011 21:43 UTC (Wed) by branden (guest, #7029)
In reply to: Red Hat and the GPL by jake
Parent article: Red Hat and the GPL

Thanks for replying!

"No, I'm afraid that's incorrect. I didn't even consider the "preprocessor analogy" when writing the article. I don't think it weakens the case that Red Hat is not violating the GPL either."

Ah. I must wistfully admit that I wish you'd had a phone conversation or brief email exchange with Mr. Corbet about this, then. It seemed to be an example that was eminent in his mind when he commented in the past week or so.

"Red Hat distributed its kernel the same way that various other projects have distributed theirs (including FSF projects)."

The FSF has copyright in most of the works they distribute, and I can assure you with near-certainty (as I work professionally in this area) that for their most popular and well-known works (glibc, gcc, gdb, bash, ncurses, binutils, etc.) that what little third-party copyrighted code is present is *not* under the GNU GPL, but under far more permissive licenses, such as BSD-style without the advertising clause, the MIT/X11-style license, or others closely resembling the foregoing, none of which mandate redistribution of source forms at all.

Red Hat, as a licensee of the Linux kernel under the GNU GPL, has a responsibility not only to their downstream users but to the other copyright holders in the kernel as well.

Maybe all of the other copyright holders in Linux are cool with this decision. Or maybe they're not, but don't feel they have sufficient resources to pick a fight with a well-heeled public corporation. Or they're not, but have a personal affinity with Red Hat kernel engineers and feel a sense of gratitude to the firm for offering their friends employment. Or they're not, but feel that Red Hat is still a net positive force in Linux kernel development. LWN could try interviewing some of them to find out what they think.

Copyright law is only one avenue of persuasion. Another is the court of public opinion. I had hoped that LWN, as the news outlet of record in Linux kernel development, would have taken a stronger stance against this move.

What Red Hat is doing is corrosive to the community. The reason people are looking closely at the GNU GPL version 2 for possibilities of a license violation here is that this document, in spite of some members' institutional and/or personal biases against the FSF and RMS, is the pre-eminent social contract under which our community has operated for twenty years.

The GNU GPL has a spirit and a letter; both are important and it is foolish to denigrate either, when both have proven their utility time and again. (I invite anyone who doesn't think the GNU GPL has a spirit to read competing licenses like the CPL, the EPL, the MPL, or the APSL, and then reconsider.)

You just said that you don't agree with this decision. Why, then, write an article which gives Red Hat cover for it? Why offer apparently unsourced speculation as to the views of Red Hat's attorneys when you can speak with perfect authority about your own view?

Make your stand, LWN!


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Red Hat and the GPL

Posted Mar 9, 2011 21:56 UTC (Wed) by corbet (editor, #1) [Link]

Ah. I must wistfully admit that I wish you'd had a phone conversation or brief email exchange with Mr. Corbet about this, then. It seemed to be an example that was eminent in his mind when he commented in the past week or so.

Well, I did review the article before it was posted... I don't see how the preprocessor discussion changes things here. The GPL requires distributing the source that you modify. Preprocessing it would violate that; shipping your source tree does not.

As a copyright holder in the kernel, I do not agree with or appreciate Red Hat's move in this area. That is a feeling I have communicated on this site and to the people involved in making the decision. It is a step in the wrong direction.

That does not mean that I believe the GPL can be used to force Red Hat to change its mind. As far as I know, nobody has ever challenged tarball distribution of source in all these years. Why would we try to start now?

I am sorry you do not like the stand we have taken. But I still don't believe that this action, obnoxious as it is, can be called a license violation.

Red Hat and the GPL

Posted Mar 10, 2011 0:43 UTC (Thu) by branden (guest, #7029) [Link]

"The GPL requires distributing the source that you modify. Preprocessing it would violate that"

The text of the GPL does not mention the C preprocessor. "Everybody knows" that running source through cpp prior to distribution renders it violative of the GPL. Because this is a comfortable old truth, we haven't troubled ourselves to re-justify it from first principles again.

I think that if you explicitly articulate the reasons why post-preprocessed source code is inadequate to meet the definition of source code under the GNU GPL, the case against Red Hat's monolithification of their kernel SRPMS will become more clear.

I have tried to elucidate the matter myself, but I am clearly not a persuasive enough exponent.


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