[ILUG] SUSE Linux 9.3 Professional Edition licensing survey results

[Conor Daly]

On Wed, Apr 27, 2005 at 07:01:40PM -0700 or so it is rumoured hereabouts, 
Rick Moen thought:
> Quoting Michael Conry (michael.conry at gmail.com):
> 
> > Not necessarily redistributable at all.  SuSE/Novell's compilation
> > copyrighted work isn't under a GPL or similar licence (as far as I
> > know).  If you create a derivative version by, for example, deleting
> > these rpms, then even the limited permissions SuSE give for
> > redistribution of their disks will not necessarily apply to the
> > derived work.
> 
> So, the selection/arrangement of packages _is_ licensed with the right
> of redistribution.  (And yes, merely deleting a few packages from the
> list would probably not escape the compilation copyright encumbrance -- 
> if such a property would be ruled to exist at all.)

I'm not clear on what you're saying here.  Is it:

1. After deleting a few (non distributable) rpms from the compilation, you
   retain the right under the Novell/SuSE license to redistribute?  As
   SuSE Linux?

or

2. After deleting a few (non distributable) rpms from the compilation, you
   no longer have a copy of "SuSE Linux Pro" and therefore cannot
   redistribute it as such?  

Or does the:

	" The Software may be bundled with other software programs
	("Bundled Programs"). "

clause of the license text suggest that the proprietary programs
included are "Bundled Programs" and therefore, not part of "The
Software" and therefore, the remaining contents of the CDs may be
redistributed under the Novell license.

Actually, referring back to Rick's original post in _this_ thread, he
quotes the license:

	" "Software", which is defined as "the software product identified
	in the title of this Agreement, media (if any), and accompanying
	documentation".  The "title" is "SUSE LINUX PROFESSIONAL 9.3"."  

[...]

	"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."

Given that the definition of "Software" here appears to be severely
limited by the claim that all of the GPL programs included on the media
are licensed by a licensor other than Novell, it seems to me that the
redistribution right is limited to the Novell/SuSE programs, images and
other 'wrapper' stuff that identifies this particular bundle as "SUSE
LINUX PROFESSIONAL 9.3".  

	" provided that: [...] 2) you do not bundle or combine the Software
	with another offering (e.g., software [..."

This bit appears to preclude the inclusion of all of the "Non-Novell
Products" from redistribution under the name "SUSE LINUX PROFESSIONAL
9.3".  

So, while the GPL may allow redistribution, the Novell/SuSE license does
not allow redintribution of anything other than the "Novell Products"...

And no, I haven't read the license, just this thread...

Conor (Looking through Lawyer's eyes.  (I'll give them back later...:-) )
-- 
Conor Daly <conor.daly at oceanfree.net>

Domestic Sysadmin :-)
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