Re: Is linux free

From: Unruh (unruh-spam_at_physics.ubc.ca)
Date: 10/10/05 

Date: 10 Oct 2005 17:33:27 GMT

Jean-David Beyer <jdbeyer@exit109.com> writes:

>Rick Moen wrote:

>> Ah, but you've missed two points: 1. RH's _copyright_ licences for the
>> two SRPM packages of images, theme elements, etc. condition their
>> permission to use and redistribute on observance of the corporate
>> trademark policy. So, their trademark preferences _are_ enforced via
>> copyright law. (That's a smart move on their part, because their
>> trademark "policy" attempts to assert tighter control over "branding"
>> than trademark law actually allows.)
>>
>> 2. Moreover, and more important, the two packages are simply not "under
>> the GPL". If you think that everything on either that or any other
>> Linux distribution is GPLed, then you have made a careless error.
>>
>> In theory, one might create replacement images of one's own devising
>> (and thus, one's own copyright title) that still express RH's
>> trademark-law-encumbered styles, names, etc. Then, what you say would
>> be literally true, that the exact reach of trademark law would apply and
>> no more.
>>
>> As it happens, RH's copyright licence for the two encumbered SRPMs
>> doesn't bar non-commercial copying, by the way. But your assertion that
>> RH "cannot use copyright law to restrict your right to copy" is simply
>> untrue -- especially as the material in question is not "under the GPL".
>>
>Copyright bars all copying except as allowed under the "fair use" doctrine
>that allows making brief extracts, etc. (or as specifically granted by the
>copyright owner). It does not allow copying of an entire copyrighted work.
>Just what is "fair use" is determined in each case of possible copyright
>violation in a court of law. No one really knows, in advance, what is or is
>not "fair use," although some rules of thumb seem to work pretty well.

No, copyright law does NOT bar all copying. Copyright law gives the
copyright holder the right to control the copying of his work. If he gives
you permission you have complete rights to copy. And the GPL gives you
complete right to copy the work and to allow others to copy it, provided
you complywith certain conditions.
Fair use is completely irrelevant to the discussion.

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