The Free Software Foundation's Position on IBM Taking Red Hat Enterprise Linux 'Private' is Articulated Almost 2 Years Late
LAST night in IRC (thanks, admfubar) and in Slashdot (indirect link because Slashdot sucks) we saw something that seems like it came out of nowhere... from 2023 when IBM took RHEL 'proprietary'.
The Free Software Foundation finally spoke out about this issue*. We dared it to. Some people asked the Free Software Foundation to talk about it, the Free Software Foundation's reps said they would issue a statement, but it never happened. Until now:
Subject: Statement about recent changes in source code distribution for Red Hat Enterprise Linux
Date: 2023-07-16 00:39:51
> Hi,
>
> I'm a user of Red Hat Enterprise Linux, Rocky Linux and other Linux
> distributions in the RHEL ecosystem. I am also involved in the EL
> (Enterprise Linux) community which is being affected by the statements
> and changes in policy made by Red Hat at
> https://www.redhat.com/en/blog/furthering-evolution-centos-stream and
> https://www.redhat.com/en/blog/red-hats-commitment-open-source-
> response-gitcentosorg-changes
> (note there are many many more links and posts about this issue which
> I
> believe you are likely already aware of). While a few of these
> questions are answered more directly by the license FAQ some of them
> are
> not and there are a not insignificant number of people who would very
> much appreciate a public statement from the FSF that answers these
> questions directly.
>
> Can you please comment or release a statement about the Free Software
> Foundation's position on this issue? Specifically:
>
Thank you for writing in with your questions. My apologies for the delay, but we are a small team with limited resources and can be challenging keeping up with all the emails we receive.
Generally, we don't agree with what Red Hat is doing. Whether it constitutes a violation of the GPL would require legal analysis and the FSF does not give legal advice. However, as the stewards of the GNU GPL we can speak how it is intended to be applied and Red Hat's approach is certainly contrary to the spirit of the GPL. This is unfortunate, because we would expect such flagship organizations to drive the movement forward.
> Is Red Hat's removal of sources from git.centos.org a violation of the
> GPL and various other Free Software licenses for the various programs
> distributed under RHEL?
>
> Is Red Hat's distribution of source RPMs to their customers under
> their
> subscriber agreement sufficient to satisfy the above mentioned
> licenses?
>
> Is it a violation if Red Hat terminates a subscription early because
> their customer exercised their rights under the GPL and other Free
> Software licenses to redistribute the RHEL sources or create
> derivative
> works from them?
>
> Is it a violation if Red Hat refuses to renew a subscription that has
> expired because a customer exercised their rights to redistribute or
> create derivative works?
>
> A number of the programs distributed with RHEL are copyrighted by the
> FSF, some examples being bash, emacs, GNU core utilities, gcc, gnupg
> and
> glibc. Given that the FSF has standing to act in this matter would
> the
> FSF be willing to intervene on behalf of the community in order to get
> Red Hat to correct any of the above issues?
>
As of today, we are not aware of any issue with Red Hat's new policy that we could pursue on legal grounds. However, if you do find a violation, please [follow these instructions][0] and send a report to <license-violation@gnu.org>.
[0]: https://www.gnu.org/licenses/gpl-violation.html
If you are interested in something more specific on this, the Software Freedom Conservancy [published an article about the RHEL][1] situation and hosted a [panel at their conference in 2023][2]. These cover the situation fairly thoroughly.
[1]: https://sfconservancy.org/blog/2023/jun/23/rhel-gpl-analysis/
[2]: https://sfconservancy.org/blog/2023/jul/19/rhel-panel-fossy-2023/
That's the 'beef' of it. The comments in Slashdot aren't from the FSFdom (FSF and allies), so they don't matter as much. We can focus on the above words.
We don't know what motivated this response right now, but we welcome it. █
_________
* The person who shared this said: "Two years ago Red Hat announced an end to its public source code availability. This caused a great deal of outcry from the Enterprise Linux community at large. Since then many have waited for a statement from the Free Software Foundation concerning their stance on the matter. Now, nearly two years later the FSF has finally responded to questions regarding their stance on the issue [...]"