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Hall: IBM, Red Hat and Free Software: An old maddog’s view

Hall: IBM, Red Hat and Free Software: An old maddog’s view

Posted Aug 3, 2023 16:07 UTC (Thu) by paulj (subscriber, #341)
In reply to: Hall: IBM, Red Hat and Free Software: An old maddog’s view by anselm
Parent article: Hall: IBM, Red Hat and Free Software: An old maddog’s view

Again, we're just applying our non-legal views here.

A legal professional would be able to say "The case of X in the FOO court/jurisdiction, with GIVEN_FACTS, the court concluded ABC". And if there are no cases where GIVEN_FACTS are similar enough, they'd say that instead and point out we need a case.

If I receive binaries from RedHat, and if - as the GPL allows - I publish those, and RedHat consequently terminate my support contract and access under terms in that contract that explicitly equate "using Subscription Services in connection with any redistribution of Software" with "material breach of the Agreement", then it would seem to me that I am indeed restricted from exercising my GPL rights if I wish to maintain my support agreement with RedHat.

I have no idea what factors matter here, and how they inter-play and balance out. It seems to me that no-one else in these comments section knows either - at least not to the extent that they can present a scholarly argument, with citations to relevant case law (??).

So it seems to me that the best thing to do here is to acknowledge that uncertainty, rather than continuing claiming we know for sure. FWIW, without some references to actual law, judgements or other detailed legal analysis, I'm going to stick to my view that no one here knows either way, to any significant certainty.


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