this post was submitted on 25 Jun 2023
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The GPL is very simple and it simply makes it impossible to do what you suggest RHEL are trying to do.
The don't have to allow you to download the source code without asking, but they must provide full source code when asked. The licence say's it in very simple terms, the code must be provided when requested and a reasonable fee can be charged for covering distribution costs. Basically they can charge you for the cost of postage of a set of DVDs full of source code.
It's all in the preamble. V3 is a bit more complicated to combat certain things like tivoisation that came about after gpl V2 came out but it doesn't allow Redhat to avoid giving the source when asked, but they don't have to give it when not asked.
The RHEL approach seems to involve only supplying source code to customers already consuming binaries who will already be under other restrictions as they have agreeded to other T&C's.
RHEL has been moving towards this for a decade, it seems unlikely they have forgotten about the GPL.
https://www.theregister.com/2023/06/23/red_hat_centos_move/
The Register seems to think they are acting perfectly in line with the GPL.
They are acting perfectly in line with the GPL. The GPL only grants you access to source code for the binary you already have.
If you don't have the binary/executable you don't have the right to the source code.
It will be interesting how RH provide access to GPL source (that which they have modified) going forwards. I suspect they will heavily push a subscription to centos stream which solves everything, but they have to provide the source regardless, and are allowed to charge a reasonable fee for admin and media costs etc. I don't think a hefty centos subscription will meet that, however they could give a discounted access hoping that you then continue at full cost later.
Anything they have licensed under BSD etc would have none of those protections. They don't have to give you anything, which is one of the arguments against the GPL from the BSD camp, that the GPL gives the user the same rights as the developer.
So to get source for many projects (modified by RH, otherwise go somewhere else) you will have to have a Centos stream subscription. But anything GPL will in practice be available upon request as long as you have the corresponding binary, which you can obtain from any installation of Centos of RHEL as is within your rights. But expect to have to push past the sales reps who insist you get a subscription. If they like they merely have to charge you $10 for a CD-R in the post, if they wish to be slightly annoying.
Is that not what the article covers?
RHEL customers can request the source code, they cannot distribute it. If you are a RHEL customer with a license agreement, just ask. I don't think they will be sending corporate customer requests via microfiche in the post in 30 working days. Where it was once easy for anyone to get RHEL's source code, going forward it will be a service only for customers who agree to be bound by an IBM legal agreement upon receipt of code or access to the tree.
CentOS was very useful, so they bought it, let it spread and then killed it abruptly. They have since watched Oracle, Alma & Rocky offer solutions to CentOS withdrawal, make decade long promises to their customers and get comfortable before breaking the whole eco-system of decade long 'binary compatibility with RHEL' systems.
You are only correct for software not under the GPL. For software under the GPL, IBM/RH would be in breach of the GPL contract itself.
Incorrect: Anyone with the binary can request the source code. - The caveat is you may have to go to court to prove it.
Incorrect: Redhat gave them the right to distribute any GPL program when they gave them that program. As RH gave them that program they also gave them the right to distribute it. By distributing it the customer may be in breach of contract, but
You will have to go to court to prove this. Hmm, that issue has popped up twice
That is not legal. If you, anyone even a 10 year old child in Africa has the binary licensed under the GPL then IBM/RH legally must provide source code (if they modified said code) ti said child upon request. IF IBM FAIL TO DO SO THEN THEY ARE IN BREACH OF CONTRACT AND LOSE THEIR RIGHTS UNDER THE GPL
The child will have to go to court to prove this... f*ck.
This is basic Free Software stuff and so many are confused about it for the very reason Richard Stallman continues to speak about Free Software. Free Software as defined ed by the FSF and implemented by the GNU GPL v2 or later or similar copyleft compatible licenses from the FSF or others has nothing to do with Open Source software. Open Source does none of this, with Open Source you have no guarantee of rights and may never see the source code without an NDA because Open Source isn't about the rights but about the development. The term was coined to make Free Software something business could understand, concentrating on the development model and totally ignoring the political side.
The problem is everyone has become too confused about the subject because they think in terms of Open Source while Stallman runs all over the world trying to re-educate everybody. So lets make it clear again. The GNU GPL is a Free Software license that uses COPYRIGHT LAW in a way to GUARANTEE the end user certain RIGHTS that can NOT be removed or adjusted by anything other than a later version of the GNU GPL, at the option of the USER. These rights that IBM/RH give to the users under the GPL are:
Basically it boils down to this. RH are not legally able to place any restrictions for anyone, customer or not, who has the binary, if it is licensed under the GPL. They can however make you go to court to prove tthat, which means they can scare you off. For anything not protected by the GPL or similar they can certainly do this. BSD licensed stuff goes like this all the time for example. So RH can NOT do this with GPL'ed programs BUT, and this is where the problem really is, YOU will need to take them to court to establish that.
So RH is playing the shitty "take us to court game". It's happened before.
People should read the GPL and learn what Free Software is. If they dont they will think RH have some legal way to do this, when in fact (for GPL software) they dont and are merely saying that you take them to court if you are hard enough.
https://sfconservancy.org/blog/2023/jun/23/rhel-gpl-analysis/