Slashdot Mirror
Corel Linux Beta License Violates GPL
John Goerzen writes "Corel today began FAXing out beta test agreements for its Linux distribution. However, these agreements violate GPL in many points by distributing software under terms that the GPL prohibits." Since the distribution is based on Debian, this is justifiably making a lot of folks angry. I've attached the relevant excerpts if you click thru below or else you can view Page One or Page Two of the FAX in GIF format.
The agreement that must be signed states "User may not reproduce and distribute copies of the Products to any other person." This violats GPL sections 1, 3, and 6. It goes on to say, "Upon the expiration of the Term [45 days]. . . User shall promptly destroy . . . Product". This violates the same sections.
It then says "All right, title and interest to all intellectual property with respect to the Products shall remain with Corel and its licensors. No license or other right of any kind is granted by Corel's furnishing the Products to user [except for testing]. . ." This not only attempts to assert ownership over items copyrighted by others, but fails section 6 of the GPL.
http://www.corel.com/betaprogram/faq.htm
Corel® LINUX® Beta Q & A
What is beta testing?
Beta testing can be considered "pre-release testing" in which a sampling of the intended audience tests
the product and provides feedback regarding their experience with the product. This feedback often
results in modifications to the product prior to its first public distribution.
How is Corel Beta testing Corel LINUX?
The beta testing of Corel LINUX is being done in the same way that we currently test all of our
software products. We will be selecting individuals from a list of those who have applied to become
testers via our Web site. Those selected will receive a beta version copy of the software on CD-ROM.
Beta testers will then be required to use the software and provide Corel with feedback regarding their
experience with the product.
What are the requirements for becoming a beta tester for Corel LINUX?
We will select users based on their experience with Linux®, the diversity of hardware at their disposal
and on their software testing experience. In addition, we are reserving spaces for some KDE and Debian
developers.
Why isn't Corel putting Corel LINUX on an FTP site for download?
The first version of Corel LINUX is still in the development and testing phase and is not ready for
general distribution. Beta testing is part of the development process that Corel is following to ensure
that Corel LINUX reaches a suitable level of completeness and stability before it becomes widely available.
How many people will be testing Corel LINUX?
In order to ensure that the beta testing process can be properly administered, we will be limiting the number of registered beta testers for this
first round of testing. The exact number of testers has not yet been determined.
Is this testing style in keeping with the spirit of Open Source software distribution?
Yes. The recruitment of outside Beta testers is part of the initial development process of Corel LINUX and will allow Corel to release the
first version of Corel LINUX to the general public at an earlier date than would be possible if Corel relied only on its internal testing
resources. Once Corel LINUX is ready for general distribution, it will be distributed in accordance with the criteria for Open Source software.
When will Corel release the source code for Corel LINUX?
The source code for Corel LINUX will be available with the first distribution of Corel LINUX.
Will Corel be releasing the source code for applications it has created such as the Corel File Manager?
Corel will be making the source code available for such applications. The exact terms of the license under which the source code will be
distributed has not yet been announced.
If I am not accepted for this round of testing, can I still be involved in the testing of subsequent beta versions of Corel LINUX?
Yes. We will be conducting another round of beta testing in the fall and you can apply then. The second round of beta testing will be much
larger than the first and may even be openly available from our FTP site. Keep an eye on the Corel Beta news page or consult Linux.Corel.com
for upcoming beta announcements.
It looks like beta test agreements that I've seen before from IBM and Lotus. Most likely the beta agreements got slapped onto the software by someone in their legal dept. who doesn't have a CLUE what the GPL is.
I doubt that this bodes well for the Corel version of Linux, though, if their legal department can't even read the licenses that are already attached to the distribution.....
I'm not feeling that clever this morning.
Before we all go berserk on Corel, maybe someone at Slashdot could get some clarification from them. Did they just use their standard beta license by mistake? Does the licentse only apply to betas, and not the finished product?
And thats *exactly* what that is. They did a global search and replace on "CorelDRAW" and replaced it with "Linux" essentially.
The person who probably crufted together the Beta test agreement is probably a clueless droid and no one caught the error.
My journal has hot
Personally, the only violation would be not distribting the source code. In that faq, it says they will suply the source code with the product. The GPL says they must supply it, one way or another. They don't have to have it on an FTP.
One can merely email them and say, I want the source code to your beta! If they so 'NO!' then that is a violation. If they say, sure, but we will charge you for the cost of sending a cd specially made for you. That's fine, the GPL says that's ok, as long as its to cover costs. Actually, I believe RMS tries to charge as much as possible if you get the code from them, directly (offline).. something about old tapes. Its on GNU's site somewhere..
The point is, I don't see any violation by Corel unless they refuse to release the source that was gobbled up by the GPL.
12. Intellectual Property Rights
All right title and interest to all intellectual property with respect to the Product shall remain with Corel and its licensors. No license or other right of any kind is granted by Corel's furnishing the Products to User, except for the limitted right to use and test the Product as expressly provided in this Agreement.
{bold done by me}
So, Corel says that the user cannot break the licenses in the distribution, Corel's, GNU's, and others. Wow, I'm so shocked! That does not violate the GPL.
They also say elsewhere that he user cannot disclose confidential information. That's fine, Corel can say 'this part is confidential.' That's in their right.
Corel says they must destroy the copy. That's ok. Corel is the one who must distribcute the code, not the user. As their copy contains Corel non-GPL'ed code, they can say that. Corel must provide the source code on any Open Source software, which would be a seperate cd or however they choose.
Finally, Corel says the user cannot distribute the CD. The above makes this obviouse why, it contains Corel code. Again, the user is not the one bound by the GPL to send out source code, Corel and others are. I can't demand - "You run RedHat! Go find and give me all the free source code!" Thus, this is legal. It would be illegal for the user to distribute Corel's Linux, as it contain's Corel's code. Without that code (I assume some is GPL'ed and some is not), it would be fine.
Actually, Corel never denied distribution of the free code, just not the distribution. The free code makes up some of the distribution, but not all of it.
Does anyone else see this as a mistake by Slashdot readers? How many posters read the license? Even the sections pointed out by Mr. Taco , are not illegal. I believe I've proven why. If not, ask me to clearify some more. I think this is just as dumb as when a a senator (?) was running for office and said niggardly (sp?), and had to drop out because to few people looked up the word and considered it a slander even after they knew what it really meant.
Come on people, this is not a violation. Your just making Corel look evil, and thus hurting a good company, hurting an ally, and may even make people afraid of you. Maybe that's where BSD really does have a plus, companies don't have to be scared of their users.
(I only realized this when a Linux guy stated this, "Post Slamming the GPL." Didn't see these posts in the mess I read.. but I'm sure he posted that for a good reason.)
"Open Source?" - Press any key to continue
If they want to control the process, they can damned well write their own operating system and see how far that gets them! They do not have permission to control distribution in this manner. Who cares if they'd be getting tons of bug reports? That's beside the point: to the extent that they follow through on this daft licensing notion they are breaking the contract (the GPL), which says NOTHING about number of bug reports or whether you're calling the software or distribution a release, a beta, an alpha or a _Studebaker_. :P
I'm glad Bruce Perens has taken it upon himself to try and correct them. It's good to negotiate, but we (GPL using authors of which I am one, though my stuff isn't in their dist) have no ground to give. GPL means GPL. Don't like it, go somewhere else or make up a different license or use BSD instead of Linux. There is no flexibility in what you might call the 'freedom of information' aspects of the GPL. Everything else comes in second to this, it's the whole point of the license in the first place. It is _not_ _encouraging_ to see Corel, even temporarily, thinking "Let's use the GPL, except that we will need to control the information and regulate it for our convenience!". Even though this is evidently a mistake it has to be stopped cold- and it's not delightful to see people arguing that they should be allowed to do it for 'practical' reasons. Again: if you want practical go use BSD licensing- the GPL has an agenda, one that I personally agree with and support and contribute to. The convenience of Corel is beside the point! They need to fix this mistake immediately, either by not having beta testing from the outside at all, or by fixing the licensing. Their choice
Caldera does a very nice job of accomplishing this. Their licencing appendix in the user's guide is a bit bloated, but it does make the distinction between GPL software, Caldera Systems software, and third-party commercial software. It even goes so far as to outline in the EULA which software falls under which category, and attaches the full text of the GPL. Very nice.
- Adam Schumacher
cybershoe@mindless.com
Nobody here can do anything about this violation. That's right - you can't stop Corel from doing this. But the authors of these packages can. If Corel won't back off, the community will need to undertake an effort to bring a class-action lawsuit against Corel for violation of the GPL. This should amount to some 200 or so violations if all the authors of the individual packages cooperate. Debian might also be able to sue (IANAL).
Bruce, are you out there? How do you feel about getting a group going to spearhead this? We need somebody to herd cats. :)
For now, everybody just sit tight - I'm fairly certain it won't come to this - Corel isn't this stupid. The legal department probably erred and didn't contact the engineers before slapping these restrictions on. We'll see...
--
Hmm...seems that Corel should have first defined a point of separation between the GPL'd stuff and their own proprietary Products (why did they use an uppercase P?). In other words, they should have worded it something like "This distro contains both GPL and Corel owned product. All GPL'd product can be distributed freely under the terms of the GPL and any changes Corel has made to GPL products is also freely avaliable. However, all Corel owned products are copyrighted by Corel and my not be copied or redistributed."
\forall code \in C, \frac{\Delta readability(code)}{\Delta t} < 0
In the jurisdiction in which Corel is incorporated, it would be a Crown Attorney that could be relevant, and that only if this were a criminal matter. (With court session probably to be held a couple blocks from my old high school, but I digress...)
The firestorm that would arise from taking such action would have Unintended Consequences that would likely be widely injurious to the free software community.
It makes a lot more sense for one or three of the people that are developers of software known to be included with "Corel Linux" to calmly request that the language in the "Beta License" be toned down a little to correctly reflect the licensing of the free software being distributed.
It is highly probable that the high-handed wording resulted from some lawyers that having arbitrarily applied the sorts of licensing terms they have always applied to beta editions of things like WordPerfect or CorelDraw! without having properly read the free software licenses.
Does it make more sense to:
- Try to burn them in oil, and certainly discourage them from ever considering free software ever again? or
- Respectfully requesting some form of "cease and desist" that provides an avenue for them to back down gracefully, provide a more satisfactory license, and learn something from the process?
I know which option I'd rather go with...If you're not part of the solution, you're part of the precipitate.
I think that this is a blessing in disguise.
The GPL hasn't really received a trial by fire yet. While I agree with some earlier posters that this was possibly a MarketDroid typo, I think that we have to be prepared for it not to be.
In other words, legal precedent for the GPL.
IMHO, that, along with a nice point-and-drool install, will advance Linux more than anything.
censorship is a form of noise, which actively seeks to drown out content with silence - Crash Culligan
Calm down, people. This is obviously just a mistake. If you think Corel is deliberately setting out to violate the law and torpedo their own product then you're an idiot.
Someone needs to calmly and politely point out their error and try to help them do damage control so that this incident doesn't make their target market nervous about trying Linux.
Corel is a small, struggling company and they are probably working way too hard trying to break new ground for Linux in the mainstream marketplace. Their lawyers are probably wrestling with a thousand complicated issues about how to embrace Linux and still protect Corel from the usual suite of legal threats by opportunistic consumers and predatory competitors. They are bound to make a few mistakes, but they're not trying to rip anybody off.
Help them, don't hurt them.
Zooko
that it will take corporate lawyers a little bit of time to learn how to deal with new licensing terms, such as GPL. In the past, they've had complete control (theoretically speaking, of course), of how their software was licensed and used. It takes a while to teach an old dog new tricks. For Corel's sake, I hope they learn fast or this could be a serious black eye. If anything, this might serve as a lesson and reminder to other corporations moving towards the OSS movement. Perhaps this will remind them that they don't necessarily make the rules anymore.
A few idiots were squawking about this when the beta program was first announced, and they were just as wrong then.
It's a beta test, and although Microsoft has warped that term to mean "early public access for suckers who'll pay us money", it has long been traditional that beta testers are, in effect, working for the company developing the software and that beta copies remain the property of the developer just as they would if all the testers were working inside as full time employees (hence the legal paperwork in the first place).
Since this is a beta, and not a public release, for the purposes of the GPL it can be considered "internal only" and not a public distribution, and thus the GPL does not apply. The licenses explicitly calls this a pre-release, so the product has not been released yet.
(For a similar case, consider the NDA'd development of the 64-bit Merced Linux port.)
Now, if Corel doesn't change the licensing when it distributes an actual product, then folks have a legitimate complaint. Meanwhile, anyone who signs that contract and violates it by posting the pre-release distro is as guilty of piracy as any warez kiddie.
(And no, I'm not and never have been a Corel employee or stockholder.)
-- Alastair
Just to get something straight, they define "the Products" to be "Beta builds for Corel LINUX" - not just their own software, but the whole wad.
They then claim that they have "all right, title, and interest to all intellectual property with respect to the products", and that "User may not, however, reproduce or distribute copies of the Products"... granted, that last part is GPL-specific, and the GPL has never been tested in court... but the first claim is just a gross violation of copyright law.
And even if they could find a loophole to get away with the second claim, do they really want to be remembered as the company who broke the GPL?
(copied to corellinux@corel.com)
Kinda funny. This story has brought out yet more posts that basically say "This wouldn't have happened if you use a BSD style license."
Well, they are right. If Linux (and Debian specifically) were licensed under a BSD style license, this wouldn't have happened.
But... That is like saying, if you have no rights, no one can infringe upon you. How much sense does that make?
The reason we use the GPL so we have (hopefully) some legal ground to stop companies doing exactly what Corel (might) be doing. I say might, because it looks to me like a Legal Dept. error.
Yes, we could have used a BSD license and Corel wouldn't have a problem playing unfair. But we want companies to play fair--this one of the reasons the GPL exists. Now, whether or not it is enforceable is a whole other issue. But at least we try.
This sig is false.
A few idiots were squawking about this when the beta program was first announced, and they were just as wrong then. It's a beta test, and although Microsoft has warped that term to mean "early public access for suckers who'll pay us money", it has long been traditional that beta testers are, in effect, working for the company developing the software and that beta copies remain the property of the developer just as they would if all the testers were working inside as full time employees (hence the legal paperwork in the first place). Since this is a beta, and not a public release, for the purposes of the GPL it can be considered "internal only" and not a public distribution, and thus the GPL does not apply. The licenses explicitly calls this a pre-release, so the product has not been released yet. (For a similar case, consider the NDA'd development of the 64-bit Merced Linux port.) Now, if Corel doesn't change the licensing when it distributes an actual product, then folks have a legitimate complaint. Meanwhile, anyone who signs that contract and violates it by posting the pre-release distro is as guilty of piracy as any warez kiddie. (And no, I'm not and never have been a Corel employee or stockholder.)
I've read nothing but posts saying either 'Corel is violating the GPL (period)' or 'Corel probably made a mistake'. I've decided to check it out for myself. Here's the scoop from:
http://www.corel.com/betaprogram/faq.htm
(Select Portions Follow:)
Corel® LINUX® Beta Q & A
What are the requirements for becoming a beta tester for Corel LINUX?
We will select users based on their experience with Linux®, the diversity of hardware at their disposal and on their software testing experience. In addition, we are reserving spaces for some KDE and Debian developers.
Why isn't Corel putting Corel LINUX on an FTP site for download?
The first version of Corel LINUX is still in the development and testing phase and is not ready for general distribution. Beta testing is part of the development process that Corel is following to ensure that Corel LINUX reaches a suitable level of completeness and stability before it becomes widely available.
How many people will be testing Corel LINUX?
In order to ensure that the beta testing process can be properly administered, we will be limiting the number of registered beta testers for this first round of testing. The exact number of testers has not yet been determined.
Is this testing style in keeping with the spirit of Open Source software distribution?
Yes. The recruitment of outside Beta testers is part of the initial development process of Corel LINUX and will allow Corel to release the first version of Corel LINUX to the general public at an earlier date than would be possible if Corel relied only on its internal testing resources. Once Corel LINUX is ready for general distribution, it will be distributed in accordance with the criteria for Open Source software.
When will Corel release the source code for Corel LINUX?
The source code for Corel LINUX will be available with the first distribution of Corel LINUX.
Will Corel be releasing the source code for applications it has created such as the Corel File Manager?
Corel will be making the source code available for such applications. The exact terms of the license under which the source code will be distributed has not yet been announced.
(end of Corel quote)
Now what do you think?
Certified Microsoft Notworking Specialist
Maybe the individual packages can't be controlled by Corel, but the compilation may be an independently-copyrightable work. Hence, the distribution itself might be property of Corel, while the individual components are property of others.
<IANAL>
It is my understanding that copyrighting compilations only holds for compilations which do not have their own rights. Otherwise, for instance, Author A, who writes books published by Publisher P1, could have his books "compiled" by Publisher P2, who could then publish it, and neither A nor P1 could do anything about it. The programs assembled in Debian do not relinquish their own copyright -- the GPL allows them to be distributed without explicit agreement with the copyright holders provided the GPL continues to be followed.
The GPL explicitly allows the programs to be distributed -- provided that the programs are distributed under the GPL. It becomes the purview of the copyright holders to make the case that the GPL has been violated, and assert their copyright.
</IANAL>
All of that being said, it would be a good idea for interested parties to gently and politely point out to Corel that their Beta agreement violates the GPL that allows them to distribute the software. However, they should also have some means of making an interim test version of the distribution before the product is finalized -- they just screwed up in making the beta agreement. I believe that another poster has already suggested that an amended agreement forbidding redistribution of Corel's portion (as opposed to Debian's) would be legitimate.
If there is an attempt to license the final distribution in an insane manner (such as not allowing the GPL-covered portions to be re-distributed), then the appropriate people should take appropriate steps.
This
I got through to the responsible people at Corel, we just had a conference call, and we discussed strategies for dealing with beta-tests including software that's owned by people outside of Corel. They will fix the problem.
Although I'm not always around to help, feel free to mail bruce@perens.com when this stuff comes up, and my home-office phone number is in my domain record. The SPI board has my cell-phone number.
I did also tell them they're going to have to keep their eyes on the traditional Windows crowd at their office where things like this are concerned, or they'll appear clue-less and get the authors of the software really annoyed.
Thanks
Bruce Perens
Bruce Perens.
If a violent lawsuit is immediately brought upon Corel without any other (documented) attempts to get them to change their agreement, it could scare off many other businesses thinking about using linux. That would not bode well for linux.
penguinicide... when jumping out a window just won't do.
I find it extremely interesting that when news broke about the Red Hat trademark issue everyone was ready to set fire to the North Carolina mountains even though RH has legitimate rights to their trademark. Yet, now when Corel pulls a stunt like this on software they don't own everyone says, "Let's wait and see what Corel has to say, I'm sure it is just a mistake." Have the Slashdotters lost their "passion" or have they grown up?
Doesn't anyone do research? Even a little? Oh well, here is what I found.
Directly from the Corel Q&A on linux.corel.com...
Will Corel LINUX be available as a not-for-charge download or sold as a standalone product?
Most of the Corel LINUX operating system falls under the guidelines of the GNU Public Licence, and will be available as a not-for-charge download. A standalone version, which may contain additional enhanced features, will be available on CD-ROM and will be sold with an accompanying manual and technical support. Final price has not yet been determined but Corel LINUX will be competitively priced to other Linux operating systems. Corel LINUX will also be included with the soon-to-be-released WordPerfect® Office for LINUX.
Is there an advantage to Corel to give away the source code to Corel LINUX and make it available as a not-for-charge download?
By returning the source code to Corel LINUX to the Open Source community and making Corel LINUX available as a not-for-charge download, we are acting within the spirit of the Open Source community, and helping to grow the Linux market by creating new demand for applications in addition to the operating system.
According to this, they appear to want to release under the correct license. But, all other distrobutions have open betas, so I don't understand what they really are concerned with.
But on a strange side note, why do they say they will release Corel Linux with enchanced features that are not part of of the GPL? I assume that it won't have their installer and a free copy of WordPerfect. But that isn't a big deal for me.
"I disapprove of what you say, but I will defend to the death your right to say it" - F. Voltaire.
The following is taken from the Corel Linux Beta FAQ...The third one is my favorite
Why isn't Corel putting Corel LINUX on an FTP site for download?
The first version of Corel LINUX is still in the development and testing phase and is not ready for general distribution. Beta testing is part of the development process that Corel is following to ensure that Corel LINUX reaches a suitable level of completeness and stability before it becomes widely available.
How many people will be testing Corel LINUX?
In order to ensure that the beta testing process can be properly administered, we will be limiting the number of registered beta testers for this first round of testing. The exact number of testers has not yet been determined.
Is this testing style in keeping with the spirit of Open Source software distribution?
Yes. The recruitment of outside Beta testers is part of the initial development process of Corel LINUX and will allow Corel to release the first version of Corel LINUX to the general public at an earlier date than would be possible if Corel relied only on its internal testing resources. Once Corel LINUX is ready for general distribution, it will be distributed in accordance with the criteria for Open Source software.
The Intel Merced NDAs only cover changes to the Linux kernel that are specific to the Merced port. That code is owned by the developers working on the port, and Intel is free to make the developers sign NDAs on that code.
The Intel NDAs do not in any way restrict the signatories from distributing outside GPL'd code that they did not themselves author. The Corel license, on the other hand, restricts the beta testers from distributing code within their distribution that is owned by other parties like the Free Software Foundation. That practice violates the terms under which the FSF licensed their software to Corel.
Section 6 of the GPL states very clearly that you may not under any circumstance distribute the code to anyone else except under the terms and conditiosn of the GPL. There is no distinction between "internal-only" and public distribution.
Certainly in the case of "internal-only" distribution it is legitimate for the recipients to voluntarily decline to distribute the code, but Corel cannot forcibly impose this requirement without breaking the law.
What if the software has been licensed to a legal entity such as a corporation? All employees are considered under a single license instance. This is why proprietary software often has "site" licenses. If an employee goes online and downloads the Linux kernel, they can do with it what they want since they hold the license, but they can't redistribute their companies tweaked version since the license still belongs to the company. To take it to an absurd extreme, if you come over to my house to borrow my computer you have no legal rights to upload any software from my box.
In a more realistic sense, there are thousands of companies that have modified GPL programs for their own use but aren't distributing them, so should we pursue legal action against them too?
A Government Is a Body of People, Usually Notably Ungoverned