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Corel Linux Beta License Violates GPL

Posted by ryuzaki0 on from the that-ain't-so-hot dept.

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.

8 of 393 comments (clear)

  1. Line of division by Natedog · · Score: 5

    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
  2. don't turn on Corel at the drop of a hat by Zooko · · Score: 5

    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

  3. Posts slamming the GPL. by Dast · · Score: 5

    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.

  4. More evidence of Corel's deliberate GPL violation? by Wholeflaffer · · Score: 5

    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
  5. It's being fixed now by Bruce+Perens · · Score: 5
    Apologies for the lateness of this reply, Slashdot was so wedged that I could not post for a while.

    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.
    1. Re:It's being fixed now by Bruce+Perens · · Score: 5
      They are considering what to do now. We will need to give them a little time.

      Bruce

      --
      Bruce Perens.
  6. Directly from the linux.corel.com Q&A by Hermelin · · Score: 5

    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.
  7. Re:No public distribution, no GPL violation. by Bruce+Perens · · Score: 5
    It's not at all clear to me that the beta-testers have established a consultant's relationship with Corel, and thus that it's an internal distribution. Remember, the GPL deals with distribution, not release. But let's put the legal point aside. I am author of a few things in there - part of dpkg, Electric Fence, various pieces around Debian. I put that stuff out under the GPL, and I'd feel a heck of a lot better if I had access to the modifications they are testing, even if I'm not in the beta program. So, that's what I told them. They are concerned that too many support-hungry Windows users and the press not get ahold of this software in an early state. But there are better ways to handle that than to overlay their license terms upon mine. So, we discussed those ways. Now, they are thinking about them and will get back to us.

    Although their main market is up-until-now-Windows-users, they have to keep the software authors happy, too. It would be a PR disaster for them to do otherwise.

    Bruce

    --
    Bruce Perens.