this post was submitted on 29 Oct 2023
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In my view, the “community” reaction was terrible. Regardless of if you agree with them or not, the response should be honest and rational. I found the reaction, emotional, political, and frankly dishonest. The response was that Red Hat was suddenly going proprietary, that they were violating the GPL, and / or that they were “taking” the work of untold legions of free software volunteers without giving back. They were accused of naked corporate greed by companies whose whole business is based on using Red Hat’s work without paying ( peak hypocrisy ).
Let’s start with what they actually did. Red Hat builds RHEL first by contributing all their code and collecting all the Open Source packages they use into a distribution called CentOS Stream. Once in a while, they fork that and begin building a new release of RHEL. That requires lots of testing, packaging, configuration, documentation, and other work required to make RHEL above and beyond the source code. Previously, they made the output of all this work publicly available. What they did was stop that. So, what does it look like now?
Red Hat now only distributes the RHEL SRPM packages to their subscribers ( which may be paying customers or getting it free ). The support agreement with Red Hat says that, if you distribute those to others, they will cancel your subscription. That is the big controversy.
What you cannot do now is “easily” build a RHEL clone that is guaranteed “bug for bug” compatible with RHEL and use it to compete with Red Hat. You will notice that those making the most noise, like Rocky Linux, want to do that.
So, are Red Hat violating the GPL? No.
First, Red Hat distributes all the code to make RHEL to the actual people they “distribute to” ( to their subscribers ) including everything required to configure and build it. This is everything required by the GPL and more.
Second, less than half of the code in RHEL is even GPL licensed. The text of the GPL itself says that the requirements of the GPL do not extend to such an “aggregate” ( the term the GPL itself uses ). So, Red Hat is going quite above and beyond the licensing by providing their subscribers code to the entire distribution. Yes, beyond.
Third, CentOS Stream remains open to everybody. You can build a Linux distribution from that that is ABI compatible with RHEL. That is what Alma Linux is doing now. Red Hat contributes mountains of free software to the world, both original packages and contributions to some of the most important packages in the free software world. Red Hat is not required to license packages they author under the GPL but they do. They are not required to make all of CentOS Stream available to the public but they do. They are certainly not freeloaders.
But what about this business of cancelling subscriptions? Isn’t that a restriction in violation of the GPL? Not in my view.
The GPL says that you are free to distribute code you receive under the GPL without fear of being accused of copyright violation. It says you can modify the code and distribute your changes. It says you can start a business in top of that code and nobody can stop you. Do RHEL subscribers enjoy all these freedoms. Yes. Yes they do.
What happens ( after the change ) when a RHEL subscriber violates the terms of their subscriber agreement? Well, they cease to be a subscriber. Does this mean they lose access to the source they got from RHEL? No. Does it mean they can be sued for distributing the code? No. I mean, you could risk trademark violation if you sell it I guess.
So, what does it mean that RHEL cancels your subscription? Well, it means they will no longer support you. I hope people see that as fair. It also means as bs they will no longer distribute their software to you IN THE FUTURE.
That is it. That is the outrage.
If you give away the results of Red Hat’s hard work to productize CentOS Stream into RHEL, they stop sending you future releases.
Again, that is it.
You can do whatever you want with what they already sent you. You have all the rights the GPL provides, even for software licenses as MIT, BSD, Apache, or otherwise. Nothing has been taken from you except access to FUTURE Red Hat product ( other than totally for free via CentOS Stream of course ).
Anyway, as you can see, they are the devil and we should hope their business fails. Because, why would we want a commercial successful company to keep contributing as much to Free Software and Open Source as they do?
And all the people that provide the free software RH is using and making money with don't count?! How about RH subscribe to all their projects to be able to repackage and redistribute their code, and if one of them doesn't like RH then they'll just cut them off like RH is doing to their customers. Does that sound like a good direction for the OSS ecosystem to you?
Of course RH does also provide back to the community, but that is the whole deal! You get free and open code, you give back free and open code. And they are a big company making a lot of money, so of course they should also contribute much more than a handful of devs would. That shouldn't give them the privilege to unilaterally change this deal.
I get that it's technically within the bounds of the GPL, but it's a loophole and not how an "OSS company" should act imo! The whole OSS ecosystem as we know it would collapse if all projects started doing this.
Red Hat does “subscribe” to the software they ship and fully complies with the terms specified for them to do so. Again, rhetoric completely at odds with the facts.
Let’s be explicit about the “loophole” that keeps getting talked about. What is it?
The GPL outlines a bunch of freedoms that you get when somebody distributes software to you. It does not provide any rights to anybody that has not been given software. Is that the loophole?
Red Hat provides CentOS Stream to everybody and so it, along with all its source code and everything else is available to the public. Only RHEL subscribers have any rights to RHEL because they are they only ones that get it from Red Hat. The public has no inherent right to RHEL, code or otherwise. This is of course compatible with the GPL and not in some nuanced tortured way but of course with its core purpose—to grant freedoms for software that you use ( have been given ). Is that the loophole?
The GPL talks about the rights you have regarding software you have already received—that you use—not software you may or may not receive in the future. Is that the loophole?
Importantly though, we are not talking about an individual package covered by the GPL. We are talking about RHEL, which is a collection of software of which less than half is even GPL licensed. On that basis, I submit that the following text ( extracted from the GPL itself ) might be the “loophole” that you are referring to:
“Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.”
Again, that language is quoted directly from the license.
Is that a loophole? Because it seems like a very specific provision to me. Did the authors of the GPL say that the GPL does not extend to all of RHEL by accident?
Imo the loophole is that RH is disrespecting the rights people have under the GPL by threatening negative consequences when they use those rights. E.g. you can't say I have the right to freedom of speech and also break my arm when I do it, just because I can physically speak about whatever I want. Respecting rights includes not punishing someone for using those rights.
Of course technically they are in the right, but imo it still violates the ethos of OSS as I see it.
Look, everybody is entitled to their opinion and I respect yours. I have posted enough that it is just going to look combative and so I think this will be the last one. That said, this feels like the kind of “then why don’t we just allow murder” straw man that gets used when we want to argue emotions instead of facts. Yes, breaking your arm sounds very unfair. Is that a good analogy?
I think a much better analogy would be me signing an employment agreement that places restrictions on my freedoms that I otherwise have as a citizen of my country. Who cares what restrictions. Maybe I cannot drink at work. Maybe I cannot travel to certain countries. Maybe I cannot play video games on the work computer ( even at home ). Maybe I am not allowed to express certain political or religious views with customers. Or maybe there is a public article showing that all our competitors are better than us and I am not allowed to tell customers about that article. Let’s take that last one and assume I am American ( I am not but we need a legal framework we may all know ).
Has my company taken away my 1st amendment right to free speech? If I say something they do not like, they will take away my job and all the income I wanted from it in the future. Is that fair and ethical? It certainly hurts me. How is that not massively illegal under the US constitution? Surely employment law is less important than the constitution. How is it morally ok and not totally against “the spirit” of a free society?
Well, I have not lost any rights. I remain free to say what I want. However, there can be consequences. In this case, they are consequences that I have contractually agreed to. The First Amendment and my Employment Contract are not the same thing and they grant me different rights and impose different obligations. I am free to share the damaging article but, if I do, my employer will stop paying me.
Free Speech Absolutionists may insist that I not be fired for acting against the interests of my employer. Most of the rest of us understand that this os ok as we have to balance the interests of all parties of we want a system that works well overall. We also understand that no rights have been lost.
I see this as very much like that. Red Hat is not adding any new restrictions to the copyright license and, as such, they are granting you full rights as per that license. Legally, Red Hat is granting you the right to redistribute their code when they give you code licensed under the GPL. Simultaneously, they ask me to agree to a subscription agreement ( like an employer asks me to agree to an Employment Agreement ). The subscription agreement outlines what Red Hat will do for me and what I must agree to do in return. I do not have to agree to the subscription agreement. I can CHOOSE to because it offers something I want. In doing so, I may have agreed to some constraints on my otherwise fundamental rights or more general legal agreements.
So, I do not think Red Hat is threatening to break your arm. They do not harm you in any way other than to stop doing nice things for you in the future.
What I see in the reaction to Red Hat is a bunch of people that think they should be able to break their employment contracts but still keep getting paycheques from their employer.
If we still disagree, that is fine. I think this post fairly explains my position.