>By requiring a subscription or contract, i'd imagine thats the loop hole that allows private sale/distribution without violating the gpl
That's known generally as "bad faith", courts look poorly upon such actions.
As stated before, what is written in the GPL is not the end-all-be-all of the agreement which grants Spengler permission to use and modify the linux kernel, and produce derivative works thereof. (Also, as stated before, the GPL likely rests on contract law, it's not a bare license). We're not even debating the GPL per-se, but the agreement between the 10s of thousands of linux copyright holders and spengler who has created a derivative work, of which the GPL is a document describing in-part, but not fully representative of (in contracts, extrinsic evidence of the agreement can be brought in, even that which contradicts the written document(s). To explain the agreement, usage in trade, and the actual practice of the parties is relevant. (unless the contract is fully integrated (which is made no mention of here with linux, and how could it be, the GPL is about a page long and insufficient to describe fully the relationship)).
If I were intel, holding copyright on parts of linux, I would bring Spengler to court once the case is ripe. I would also sue him for libel aswell. If he wants to ruin linux security and bring a derivative work closed, in the hope of financial gain, we would find out the true nature of the agreement onwhich he relies. There are tens of thousands of potential plaintiffs against spengler.
Remeber: Grsecurity only exists because linux existed 14 years ago and spengler was poking around in it.
GNU/FSF is not a party to this agreement so what exists in their minds is somewhat irrelevant. What matters, when it comes to what anyone thinks, is the understanding that the involved parties had at the time of the agreement.
That's known generally as "bad faith", courts look poorly upon such actions.
As stated before, what is written in the GPL is not the end-all-be-all of the agreement which grants Spengler permission to use and modify the linux kernel, and produce derivative works thereof. (Also, as stated before, the GPL likely rests on contract law, it's not a bare license). We're not even debating the GPL per-se, but the agreement between the 10s of thousands of linux copyright holders and spengler who has created a derivative work, of which the GPL is a document describing in-part, but not fully representative of (in contracts, extrinsic evidence of the agreement can be brought in, even that which contradicts the written document(s). To explain the agreement, usage in trade, and the actual practice of the parties is relevant. (unless the contract is fully integrated (which is made no mention of here with linux, and how could it be, the GPL is about a page long and insufficient to describe fully the relationship)).
If I were intel, holding copyright on parts of linux, I would bring Spengler to court once the case is ripe. I would also sue him for libel aswell. If he wants to ruin linux security and bring a derivative work closed, in the hope of financial gain, we would find out the true nature of the agreement onwhich he relies. There are tens of thousands of potential plaintiffs against spengler.
Remeber: Grsecurity only exists because linux existed 14 years ago and spengler was poking around in it.
GNU/FSF is not a party to this agreement so what exists in their minds is somewhat irrelevant. What matters, when it comes to what anyone thinks, is the understanding that the involved parties had at the time of the agreement.