this post was submitted on 25 Jun 2023
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It’s also against the spirit of the GPL if not the letter. Red Hat isn’t just required to release source code to its customers upon request; that source code comes with GPL rights and restrictions attached (including the right to distribute).
Is it legal for Red Hat to require customers to waive their GPL rights? I don’t think it should be, but I don’t think courts are particularly friendly to copyleft holders.
I will leave this article from the Software Freedom Conservancy which gives an analysis of the legal impact of the new terms of the RHEL CCS distribution in terms of the GPL.
In short, it is as you say, not distributing to the public at large is only a violation of the spirit of the GPL but not an actual legal violation. As for redistribution, the new terms stipulate that RedHat CANNOT STOP YOU from redistributing the code (unless you forgot to remove their icons/artwork/copyrightable stuff), but doing so will put you under consideration for a 30-day notice that your ability to access binaries and sources will be revoked.
Additionally, the SFC has gone ahead and assumed that RedHat will have little inclination to sell a single license to Rocky or Alma for them to them attempt a systematic way to get around their RHEL CCS distribution model. In short, RedHat has come full circle in implementing the full breadth of their hostilities towards downstream projects of their RHEL.
I know RedHat folks justify it as "None of the downstream projects helped patched anything. That the downstream projects were the ones being hostile and RedHat is just finally responding in like." I think the "none" might be over exaggerated, but RedHat has indeed submitted easily over 90% of the patches to RHEL's code base. That said, working with the community to help foster more contributions is the correct answer, not taking the ball and going home.
All in all, RedHat is basically allowed to do what it is doing. But everyone is free to not like this path RedHat has taken themselves down. I mean, there's a lot of "questionable" spirit of FOSS that multiple companies that contribute to open source do with their product. cough Java cough.
It sucks that exercising your rights under the GPL means being punished in turn. I wonder if they'll address this in a future version of the licence?
Some of the changes in GPLv3 seem to address this type of behavior. There might be some narrow gaps that Red Hat is taking advantage of, but the folks at GNU at least made things harder.
Your comment should be more upvoted. Great info.
Yeah - even if it technically isn't legal, GPL violators have a long history of getting away with it. IBM has a legal team that'll scare almost anyone away.