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Is UnitedLinux Violating The GPL?

mmayberry writes "NewsForge has posted an article, UnitedLinux might not be very GPL-friendly. With a closed beta that includes an NDA, UL may be on the verge of angering a large part of their target market. You'd think that the likes of Suse, Turbo, SCO, and Conectiva would get the point by now..."

8 of 373 comments (clear)

  1. Considering the companies in UnitedLinux... by leviramsey · · Score: 4, Insightful

    ...It's not that surprising.

    SuSE are not exactly huge supporters of the GPL, what with a non-Free installer and configuration tools.

    Wasn't Ransom Love bashing the GPL a few years ago, while at Caldera and saying that the BSD license is better?

  2. GPL Death Penalty by bwt · · Score: 4, Insightful

    I'm amazed that they would pull this. Their competitors have undoubtably contributed to some of the GPL software that is covered by the NDA.

    What incentive does a company like say Red Hat have to not enforce the GPL death penalty, which says if you violate the GPL, your licence is revoked (GPL, section 4 sentance 2).

  3. Ehm......about that closed beta... by The+J+Kid · · Score: 4, Insightful

    Not meaning too troll or anything, but...

    The GPL states that you must make the Source Code freely avilible to your customers...

    So if it's a closed beta only the people who recieve that beta have right to that source... and anyway, all the programmes are available on the internet (freshmeat) and as part of other distro's...!

    Speellling is mi graetest good ting!

    --
    Moderation: +4. Modded 70% Funny and 30% Overrated. 100% Saturated.
  4. Amazing! by Jason+Earl · · Score: 5, Insightful

    RedHat has been handing these guys their hats for years now, and they still don't get it. It's the developers and the systems administrators that get Linux in the door, and likewise it is the developers and systems administrators that end up picking the distribution that gets deployed when the suits finally get the go-ahead. This is actually good news for distributions like SuSE, or Connectivain that if management makes the decision you can bet that they are going with RedHat, because they are perceived as the front-runner.

    SuSE, SCO, Turbo, and Connectiva have to have made this connection by this point. After all, SuSE and SCO have had distributions that were as good or better than RedHat since the earliest days of RedHat's existence. Yet RedHat consistently has grown their market share and nabbed the big customers while the rest have struggled. The reason for RedHat's success is simple, they release their code under the GPL, and they actively court developers and systems administrators. Not that RedHat is neglecting CIOs. I am sure they are schmoozing the heck out of those guys too, but they realize that Freedom is an important selling point for Linux.

    Think about it for a moment. As a developer or systems administrator which distribution would you rather deploy? Would you deply the distribution with FTP access to their emerging beta version or the distribution that requires you to sign an NDA before they will send you the binary-only CD? The choice for anyone that has ever banged his head against some piece of black-box software is obvious. Even CIOs are starting to get this.

  5. Call me a cynic... by perrin5 · · Score: 4, Insightful

    Look,

    Anyone commenting "Those bastards shouldn't violate the GPL!!!!" need to read the article, and if they have, they need to get their critical thinking caps on and RE-read the article. For all of you who just skim over the comments before making your own (I know you're out there), Here's a brief synopsis:
    our "heroes" (the writers of this rather elitist sounding article) were concerned about the closed beta testing that went on, and asked how they "got away" with it w/o violating the GPL. UL said something non-commital, which the article attempted to paint as evil, and included a letter from the FSF asking to SEE the NDA that beta testers had to sign.

    THAT'S IT!! There is NO PROOF OF ANYTHING. TO my mind, this is just a giant FUD (yep, I said it) to drum up anti-UL sentiment. The UL people didn't say anything bad during the conference call, as far as I can tell, but the tone of the article is set up to riducle and shame the UL project for anything it said out of line. (see the crack about "line-ux"...

    So maybe I'm over-reacting - but on the other hand, just cause you're paranoid, doesn't mean they're not out to get you.

    just my $.02

    --
    hmmmm?
  6. Re:Hardly unusual by rjw57 · · Score: 4, Insightful
    The problem is that any NDA which restricts the right of the beta testers to distribute the distribution is in violation of the GPL. If the NDA mentioned doesn't remove the rights of the GPL and the beta-testers just don't re-distribute voluntarily, then the GPL isn't violated.

    The GPL only protects distribution rights for the people you distribute to, it doesn't require that you personally release it publically, only that you can't stop the people you do give it to from doing so.

    --
    Rich
  7. Or just the accusation by ACNeal · · Score: 4, Insightful

    Why have proof or anything like that.

    If they haven't modified anything GPL, then they CAN'T violate the GPL.

    If the basis of the distro is security and configuration scripts slapped around the outside of the normal kernel, then there is nothing to fear.

    And since this was my understanding of what the distro was supposed to be, they can't be violating the GPL. If they give you a piece of GPL'ed software, they can't keep you from distributing it.

    They can keep you, with an NDA from distributing their distribution, with all the proprietary products slapped around it. They can keep you from spilling the beans as to exactly what little tools they have produced.

    This is not to say they havn't, but the simple fact of an NDA and a closed beta doesn't even begin to smell of a GPL violation when you take into account what you already know of the companies involved, and what they have already stated their goals to be.

    But lets accuse 'em anyway, just cause we already hate 'em. We can always apologize later, and claim absence of malice.

  8. I'm glad none of you serve on juries... by erat · · Score: 4, Insightful

    Without seeing UL, without seeing the NDA, without having any evidence whatsoever other than the dent in your chin from your knee jerking upward unexpectedly, most of you already seem to have tried and convicted the UL folks for GPL violations.

    Tell me, what are you going to do if the UL closed beta NDA stated that only the proprietary components of UL are not distributable but the open sourced and GPL'd components are? Pull the usual trick: sit back and pretend you never said anything, then wait a month and start bashing UL as Satan's distro again?

    That's just plain creepy... You let your senseless rage get in the way of reason. You probably don't even know why you hate UL so much other than the fact that you simply WANT to hate it.

    If the UL team violated the GPL, fry 'em. Until I see damning evidence, though, they're innocent until proven guilty.