They only said “free to do whatever you want with the source code provided for the binaries they distributed to you”, which is true? You wouldn’t be receiving any further binaries that would require releasing code to you, and you’d still be able to copy/distribute/modify the code that you got up until that point.
I would still assert that having contractual penalties for a behavior granted elsewhere is no longer free, hence a “restriction”. But this is where I’d love to hear a lawyer’s position. “Common sense” and “legal sense” can often be in conflict.
I’m aware I’d be restricted from future binary updates. But my point goes to what the legal definition of what a “restriction” is in this context. The language in this sentence to me is plain, “You may not impose any further restrictions on the recipients’ exercise of the rights granted herein.” RH is attempting to limit my behavior by imposing contractual penalties for exercising rights granted under the GPL. Those penalties being imposed are not just restricting access to future binary updates, but forfeiting all current granted privileges and monies already paid under contract, and the termination of that contract. I would consider that a “restriction”, but IANAL either.
I would say RH’s behavior goes to this GPL FAQ. I would assert that RH’s new contract is certainly a “more restrictive basis”, but I’d love to hear from an IP/contract lawyer that is familiar with the GPL on this issue.
I would think what RH wants to do with this change would be perfectly fine if they just chose just to let the existing contract with the customer run out without renewal, and not make any changes of terms until expiration, but terminating their contract and the terms granted therein is a restriction, and I suspect will run them afoul in court.
Again, I’d love to hear from a IP/contract lawyer. I’ve interacted with numerous ones over the years on our RHEL support contract renewals and on a patent litigation case as my company’s lead engineer (sucking up two years of my career), and my impression is just that.
As mentioned above, you’d be perfectly able to redistribute the code associated with the binaries already provided to you. Once your account is terminated, you’d no longer have access to the binaries that you could request the code for.
I’m not sure you said here what you mean to? I certainly still have access to the binaries I already downloaded. After all, they’re still running on my box! And also under the RHEL contract (old or new), I’m still able to run those binaries indefinitely. But that means I’m also still entitled to the source from RH for those installed binaries since they were originally distributed and installed by RH under the terms of the GPL.
Of course to “work around this”, RH could put all sorts of hoops in the way of requesting them via some alternative, manual method and then charging a fee for them. A long time ago, I used to work for a company that charged $250 for a copy of our GPL’d code for each product, and after 6 weeks to fulfill the request, would U.S. mail it to the customer on a QIC tape. I’m curious to see how RH fulfills this aspect of the GPL post-termination.
BTW, this change in the RHEL contract is nothing new. A different company had worked for used to have an 8-figure RHEL support contract, and I was their point of contact with our TAM. Thirteen years ago, we were considering a ELS (Extended Lifecycle Support) contract for RHEL which had a version of this new language in it way back then, so I ended up discussing this issue at length with our TAM. He said we’d only get answers to my questions of how the language wasn’t a direct violation of section 6 from RH Legal if and only if we’d sign the contract.
But out of all this, my biggest concern of all this by far is the can of worms RH is opening. What’s going to happen when other even less scrupulous companies attempt to run with this possible GPL loophole RH is trying to bust open?