[ILUG] SUSE Linux 9.3 Professional Edition licensing survey results

[Steven Satelle]

On 4/27/05, Rick Moen <rick at linuxmafia.com> wrote:
> I now have the 5-CD set of SUSE Linux 9.3 Professional Edition for
> examination, and an reporting my findings here.  If anyone wants more
> details, please ask.
> 
> 
>     You may make and use unlimited copies of the Software for
>     Your distribution and use within Your Organization.  You
>     may make and distribute unlimited copies of the Software
>     outside Your organization provided that: 1) You receive
>     no consideration; and, 2) you do not bundle or combine
>     the Software with another offering (e.g., software, hardware,
>     or service).
> 
> However, the next paragraph severely limits that grant -- and I note
> with some annoyance that Rory _didn't frelling bother_ to mention this:
> 
>     The Software is a modular operating system.  Most of the components
>     are open source packages, developed independently, and accompanied
>     by separate license terms.  Your license rights with respect to
>     individual components accompanied by separate license terms are
>     defined by those terms; nothing in this Agreement (including, for
>     example, the "Other License Terms and Restrictions," below) shall
>     restrict, limit, or otherwise affect any rights or obligations You
>     may have, or conditions to which You may be subject, under such
>     license terms.
> 
>     [...]
> 
>     The Software may be bundled with other software programs ("Bundled
>     Programs"). Your license rights with respect to Bundled Programs
>     accompanied by separate license terms are defined by those terms;
>     nothing in this Agreement shall restrict, limit, or otherwise affect
>     any rights or obligations You may have, or conditions to which You
>     may be subject, under such license terms.
> 
>     [...]
> 
>     Non-Novell Products. The Software may include or be bundled with
>     hardware or other software programs licensed or sold by a licensor
>     other than Novell.
> 
> Interestingly, even the generous-sounding Novell rights grant cited
> above is non-transferrable!
> 
>     Transfer. This Agreement may not be transferred or assigned without
>     the prior written approval of Novell.
> 
> So, you're allowed to "make and distribute unlimited copies of the
> Software outside Your organization", but then those recipients don't
> enjoy the same rights?  Weird.
> 
> Interestingly, Novell restricts benchmarking!
> 
>     Benchmark Testing.  This benchmark testing restriction applies to
>     You if You are a software vendor or if You are performing testing on
>     the Software at the direction of or on behalf of a software vendor.
>     You may not, without Novell's prior written consent not to be
>     unreasonably withheld, publish or disclose to any third party the
>     results of any benchmark test of the Software.
> 
> Anyhow, so much for Rory and others' claim that Novell had granted
> blanket permission for non-commercial copying.  No, they simply didn't,
> but you folks didn't bother to FRELLING WELL READ THE VERY NEXT
> PARAGRAPH, to find out.
> 

Isnt some of this against the GPL, especially the part about people
you pass the software onto not getting the same rights as you?