Fwd: Possible GPL violation by Red Hat/Dell alliance

[rek2 at linuxbusca.com (GNU/Linux :-))]

This is one of the reasons why I don't use redhat. no matter how good
they can get Linux to be. I don't trust them, and I am a idealist, I
rather use debian, gentoo etc,cause I know they don't have to worry
about sales or competition, so they will be true to the GNU idea and to
the original community spirit. companys have to worry about other things
and I understand.. but not for me. that was the reason I dint use
windows in the first place when I had to choose between windows95 or
GNU/Linux in the 90's I stick with my slackware Linux and today I
continue sticking to non corporate OS's like Debian.

:-)
my 2 cents.
ReK2


On Fri, 2002-12-13 at 00:50, David Kramer wrote:
> >From the RedHat mailing list
> 
> ----------  Forwarded Message  ----------
> 
> Subject: Possible GPL violation by Red Hat/Dell alliance
> Date: Thu, 12 Dec 2002 23:51:36 -0600 (CST)
> From: fluke at gibson.mw.luc.edu
> To: linux-poweredge at dell.com
> Cc: redhat-list at redhat.com
> 
>   I am working with friends in the GNU/Linux Users of Northern Illinois on
> putting together a web page detailing the issues with the following
> product:
> 
>   Dell(TM) PowerEdge(TM) Web Server Version 3.1 Powered by Red Hat Linux
> 
> 
>   I am seeking any feedback which would indicate if any of the claims
> below our false:
> 
>   - Red Hat maintains a web site which throughout the course of this year
> has contain material which illustrate the fact that Red Hat is aware of
> the concepts of the Free Software Foundation, "Open Source," and the
> General Public License (GPL)
> 
>   - Dell maintains a web site which throughout the course of this year has
> contain material which illustrate the fact that Dell is aware of the
> concepts of the Free Software Foundation, "Open Source," and the GPL
> 
>   - Dell is aware that both Dell PowerEdge Web Server Version 3.0
> Powered by Red Hat Linux and Dell PowerEdge Web Server Version 3.1 Powered
> by Red Hat Linux contained GPL covered works
> 
>   - Dell has been aware that their distribution of the GPL works included
> with Dell PowerEdge Web Server Powered by Red Hat Linux version 3.0 was
> commercial (distribution was not covered by clause 3c of the GPL for
> providing redistribution rights)
> 
>   - Dell has been aware that their distribution of the GPL works included
> with the Dell PowerEdge Web Server Powered by Red Hat Linux version 3.0
> did not include the majority of source code related to those works
> (distribution was not covered by clause 3a of the GPL for providing
> redistribution rights)
> 
>   - Dell was given notice that the Dell PowerEdge Web Server Powered by
> Red Hat Linux version 3.0 did not include any written notice providing
> instructions on how to get the source code (distribution was not covered
> by clause 3b of the GPL for providing redistribution rights)
> 
>   - Dell's Matt Domsch responded on July 23rd to the claim that neither
> the Information Update or the Deployment Guide provided offer any
> instructions on how to get the source code with:
>     "Thank you for bringing this to our attention.  We will add
>      the appropriate text to a future release of these documents."
> 
>   - Red Hat's Mark Webbink responded on August 15th that:
>     "Dell preloads various Red Hat operating system products pursuant to
>      agreements between our companies which clearly specify that Red Hat,
>      not Dell, is the distributor."
> 
>   - Red Hat's Mark Webbink clarified on August 27th that GPL software not
> packaged by Red Hat (such as the courier package included with the Dell
> PowerEdge Web Server Powered By Red Hat version 3.0) is not distributed by
> Red Hat
> 
>   - The Information Update and Deployment Guide provided with Dell
> PowerEdge Web Server version 3.1 Powered by Red Hat Linux are a future
> release of the documents from the previous version but does not have the
> additional text that Matt Domsch promised.
> 
>   - None of the materials in Dell PowerEdge Web Server version 3.1 Powered
> by Red Hat Linux contain instructions on how to order media of all related
> GPL source code
> 
>   - On October 29th, Dell and Red Hat co-hosted an "Open Source Security
> Summit" promoting themselves as being vendors of Open Source and implied
> that they where following established practices of the Open Source
> community (including honoring the terms of the GPL when redistributing
> binaries based on GPL works)
> 
>   - On October 29th Dell/Red Hat was still (and continue to be) the
> distributors of GPL packages included with Dell PowerEdge Web Server
> version 3.1 Powered by Red Hat Linux without provided the related source
> code during redistribution or a written notice on how to order a media of
> all the related GPL source code thus not honoring their own implied
> marketing
> 
>   - As of December 11th, neither Dell or Red Hat have an answer as to
> where to find a written notice provided at the time of distribution for
> getting media with all the related GPL source code
> 
>   - Also, as of December 11th, the web page that Matt Domsch claimed to be
> providing a written notice (despite not being provided at the time of
> distribution) no longer contains the footnote he claimed it did.  The lack
> of written notice is located at:
> http://www.dell.com/us/en/biz/products/model_pedge_2_pedge_web.htm#tn1
> 
>   - Dell still prints "All rights reserved" along the sides of CDs 2 and 3
> of the Dell PowerEdge Web Server version 3.1 Powered by Red Hat Linux
> despite the fact that these CDs should be legally copyable based on the
> permissions extended by the licenses of each of the works on those two
> CDs
> 
>   - Red Hat still accepts Dell's use of the Red Hat shadowman logo in
> connection with the Dell PowerEdge Web Server version 3.1 Powered by Red
> Hat Linux despite the fact that they have been notified that it does not
> honor either GPL clause 3a or 3b when performing commerical redistribution
> of binaries covered by the GPL
> 
> 
>   The goal of the website we are putting together will be to inform
> consumers of inconsistencies between Red Hat/Dell marketing materials and
> the act of distribution of a product that doesn't honor either clause 3a
> or 3b of the GPL.  It is my belief that provided the correct level of
> consumer pressure that Red Hat and Dell will rethink this act and choose
> to consistently honor either clause 3a or 3b while performing
> redistribution.
> 
> 
> 
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> -------------------------------------------------------------------
> DDDD   David Kramer                           http://thekramers.net
> DK KD
> DKK D  The plural of anecdote is not data.
> DK KD  
> DDDD   
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