Kuhn: A Comprehensive Analysis of the GPL Issues With the Red Hat Enterprise Linux (RHEL) Business Model

Over on the Software Freedom Conservancy blog, Policy Fellow and Hacker-in-Residence Bradley M. Kuhn analyzes the recent changes to Red Hat Enterprise Linux (RHEL) source availability in light of the GPL. It contains some interesting information about two alleged GPL violations that came about because the company's business model is structured in a way that brings it too close to non-compliance with the license, he said:

Perhaps the biggest problem with a murky business model that skirts the line of GPL compliance is that violations can and do happen - since even a minor deviation from the business model clearly violates the GPL agreements. Pre-IBM Red Hat deserves a certain amount of credit, as SFC is aware of only two documented incidents of GPL violations that have occurred since 2006 regarding the RHEL business model. We've decided to share some general details of these violations for the purpose of explaining where this business model can so easily cross the line.

[...] In another violation incident, we learned that Red Hat, in a specific non-USA country, was requiring that any customer who lowered the number of RHEL machines under service contract with Red Hat sign an additional agreement. This additional agreement promised that the customer had deleted every copy of RHEL in their entire organization other than the copies of RHEL that were currently contracted for service with Red Hat. Again, this is a "further restriction". The GPL agreements give everyone the unfettered right to make and keep as many copies of the software as they like, and a distributor of GPL'd software may not require a user to attest that they've deleted these legitimate, licensed copies of third-party-licensed software under the GPL. SFC informed Red Hat's legal department of this violation, and we were assured that this additional agreement would no longer be presented to any Red Hat customers in the future.