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Red Hat & Centos On Name Usage

Posted by Hemos on Mon Feb 14, 2005 09:45 AM
from the same-problem-as-a-long-time dept.
Mister Incognito writes "As you probably know, Centos is a free distribution compiled from sources of Red Hat Enterprise Linux. As requested, the distro has any references to Red Hat removed. But now Red Hat has decided that Centos must not even mention their name on the web site, or link to Red Hat, or even use metatags with its name on it. " Well, actually, what RHAT has asked for is that Centos comply with the their terms for using the name; Matthew Szulik has talked about this before, and should be noted that not all of the copyright stuff is "bad."
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  • From now on (Score:5, Funny)

    by dtfinch (661405) * on Monday February 14 2005, @09:48AM (#11667347) Journal
    All occurances of "Red Hat" will be replaced with "Rat Hed".
  • Gosh... (Score:5, Insightful)

    by Pecisk (688001) on Monday February 14 2005, @09:48AM (#11667355)
    I guess from my point of view it is PERFECTLY sane request. I guess Red Hat is here for money, and I wish them well.
    So...it is no much "stuff that matters".
    • Re:Gosh... (Score:5, Insightful)

      by matthewcharlesgoeden (764440) on Monday February 14 2005, @10:11AM (#11667594) Homepage Journal
      Of course, RH is "here for the money," but that is not exactly why they are enforcing their TM rights.

      Generally, if one does not protect their TM, they will lose their TM rights. That is all RH is doing. If they didn't at least try to protect their "Red Hat," then they would lose their rights to "Red Hat."

      TM protection is generally a good thing for users!! TMs are partially desiged to protect consumer confusion. Wouldn't the world suck if RH was no longer a TM and all sorts of jackasses came out with Red Hat named distros.
      • Re:Gosh... (Score:5, Informative)

        by sepluv (641107) <blakesley@gma[ ]com ['il.' in gap]> on Monday February 14 2005, @10:22AM (#11667699) Homepage
        TMs are partially desiged to protect consumer confusion.
        In fact the are entirely designed for that reason, which is exactly why RHAT's claims are incorrect.

        A trademark registration only stops others from using the mark as a trade mark (i.e.: the name they use to trade/sell their product under) so this doesn't cover stuff in the software (that's why Mozilla can't sue Microsoft over MSIE's HTTP UA product token for instance).

        It is perfectly acceptable to even change the main trading name of Centos to "RedHat-based Centos" as this is descriptive; they would not be claiming when selling the product that it is RedHat, but just Redhat-based.

  • by Space_Soldier (628825) <not4_u@hotmail.com> on Monday February 14 2005, @09:51AM (#11667380)
    From the support perspective, it makes sense. A person using CentOS might call Red Hat for support if they see Red Hat CentOS. A lot of people will say that Mandrake started as a fork of Red Hat, but you do not see Red Hat on the Mandrake page.
    • by justins (80659) on Monday February 14 2005, @10:13AM (#11667623) Homepage Journal
      From the support perspective, it makes sense. A person using CentOS might call Red Hat for support if they see Red Hat CentOS.

      The funny part is, these rules ruthlessly enforced prevent CentOS or someone in a similar position from placing in their documentation the message "do not contact Red Hat for support."
  • Whitebox (Score:5, Interesting)

    by gadago (769295) on Monday February 14 2005, @09:51AM (#11667385)
    I wounder if this also applies to whitebox [whiteboxlinux.org] linux?
  • by Anonymous Coward on Monday February 14 2005, @09:52AM (#11667397)

    Surely even the most casual reader of slashdot knows the difference between copyrights, trademarks and patents by now.

    Who cares about the "meta tags" (actually meta elements) anyway? Search engines ignore them.

  • by Anonymous Coward on Monday February 14 2005, @09:53AM (#11667408)
    Everyone just make sure to state that

    RED HAT doesn't want CENTOS to link to them or mention their name because they are offering the same product as a free alternative.

    This way google can index this so when people search they will find what they are looking for.

    Now please copy and paste this post into every message board you frequent.

    Thank you.
  • Really (Score:5, Interesting)

    by CastrTroy (595695) on Monday February 14 2005, @09:54AM (#11667415) Homepage
    My copy of Mandrake still says Redhat when booting. They are an offshoot of Redhat, but haven't really been Redhat for a long time. Why is Redhat only targetting Centros?
    • Re:Really (Score:5, Insightful)

      by Saeed al-Sahaf (665390) on Monday February 14 2005, @10:03AM (#11667517) Homepage
      Why is Redhat only targetting Centros?

      Don't get off on some persecution trip... RH will "deal" with the others in time. They have a legitimate worry about product confusion, as really they are not selling an OS, but rather they are selling support for a spacific distro of a free OS. Confusion about CentOS and others made from RHAS source could hurt their real product, support.

  • No links? (Score:5, Interesting)

    by stevey (64018) on Monday February 14 2005, @09:55AM (#11667425) Homepage

    Eerily similar to Orbitz [slashdot.org] story covered today we see the following in their email message:

    "Moreover, our client does not allow others to provide links to our client's web site without permission."

    So people can't link to Red Hat?

  • Silly (Score:5, Funny)

    by Lorphos (194963) on Monday February 14 2005, @10:00AM (#11667485)
    Quote: Moreover, our client does not allow others to provide links to our client's web site without permission.

    Good luck enforcing this or convincing a judge about this. [redhat.com]

    Not.
  • by Dink Paisy (823325) on Monday February 14 2005, @10:05AM (#11667538) Homepage
    I'm an advocate of intellectual property rights, which puts me somewhat in the minority here. Still, this goes too far.

    Notice where the lawyer points out that Red Hat does not permit unauthorized linking to their website? Since when does using the Red Hat name along with a link to the Red Hat corporate website cause confusion about who you are? Eliminating every possibility of confusion and building brand identity is fine, but this is just stupid.

    Come on, Red Hat. Just because you fancy yourselves competing with Sun, Microsoft and IBM doesn't mean you have to behave more obnoxiously than they do.

  • by deadline (14171) on Monday February 14 2005, @10:30AM (#11667799) Homepage
    Show of hands. How Many people knew about CentOS before this story? How many do now? If this gets picked up by other news outlets, CentOS will probably get rather well known.
  • Truthmark (Score:5, Interesting)

    by Doc Ruby (173196) on Monday February 14 2005, @11:38AM (#11668554) Homepage Journal
    Red Hat can't stop Centos from stating which distro they're derived from. It's effectively required by the GPL, so the source inheritance can be traced. They can stop it in the subjective "advertising use", but documenting the fact is protected.
  • Our Position (Score:5, Informative)

    by KainX (13349) <mej@ e t e r m.org> on Monday February 14 2005, @11:58AM (#11668753) Homepage
    I would like to clarify the position of the cAos Foundation [caosity.org], of which CentOS [centos.org] is a project, on the web site matter.

    First, I'll refer to the following summary (taken from this post [caosity.org]):


    First let me say that I appreciate your feedback and your candor.
    Your comments are well received.

    However, the situation as it currently stands is that we do not have
    legal counsel to advise us on what we can or cannot say on our web
    site, nor do we have the financial resources to pay for such.
    Furthermore, RedHat is required by law to protect their trademarks or
    risk losing them, and they do have valid concerns about trademark
    dilution.

    RedHat has always been very generous with their code and open with
    their processes and resources. I would point out that their primary
    competition in the commercial RPM-based distribution space is not
    nearly as generous or cooperative. While we may not agree with
    everything they have said, we have an obligation to respect their
    trademarks and their role in helping to create what we are and what
    CentOS is.

    The bottom line is this: The references to Red Hat and any other
    marks they own MUST be removed from the web site and will remain so
    indefinitely. We want to be clear about what CentOS is and what it
    offers, but until we can secure legal counsel to help us balance our
    interests with those of RedHat and other companies in this space, we
    must err on the side of caution. That means if we're not sure we can
    say it, we don't say it.

    This course of action, while perhaps not the ideal solution from a
    purely Libertarian point of view, is correct and in the best interests
    of the project and the community at this time. We gain nothing by
    hurting, diluting, or pissing off RedHat, nor would we want to. And
    we certainly gain nothing turning this into a big legal fiasco.

    Please understand that this is right and necessary at this point in
    time, and support Donavan and the rest of the CentOS team in following
    through on what we've asked of them.


    Second, I want to reiterate that the RH legal team has been extremely patient and helpful. They pointed out a number of legitimate concerns, and we continue to work with them to make sure our web site is in compliance with their trademark usage policies.

    Third, as we (and our projects) continue to grow and develop, we will be in need of legal counsel. If you are willing to provide pro bono legal advice to the Foundation [caosity.org] and its member projects, please contact us (legal ~a~t~ caosity ~d~o~t~ org).

    And finally, I would like to point out that projects like CentOS [centos.org] could not exist without the continued support of RedHat, and we thank them for their continued efforts to find the right balance between running a for-profit business and helping the non-profit community.

    Regards,
    Michael Jennings
    The cAos Foundation [caosity.org]
  • Here's the clencher (Score:5, Informative)

    by mcrbids (148650) on Monday February 14 2005, @02:52PM (#11670878) Journal
    CentOS is not just "like" RedHat - it literally *IS* RedHat Linux! Same sources, same compile tree.

    The /ONLY/ thing different is the manufacturing date! (compile time)

    Can you imagine the SHITFIT that Coca-Cola would have if there was a competing product called "Co-sola - Coca-Cola derived soda"??? I mean, artificial diamond production would quintuple overnight, and the Men's Wearhouse would have a run on all the suits needed to cover all the lawyers' bodies involved...

    RedHat is being very, very good about this. And it's a good thing, too - RedHat would lose all future business from me (and very nearly did with their RHL -> Fedora switcharoo) if they did anything to actually stop CentOS or WhiteBox.

    But, the name is theirs, and they have every right and responsibiltiy to protect it as legally required.
    • Re:Why? (Score:5, Insightful)

      by turnstyle (588788) on Monday February 14 2005, @09:52AM (#11667388) Homepage
      Becasue Open Source and IP are topic of interest here.

      And it should be noted that this issue seems more about trademark and contract law, and less about copyright...

    • by erikharrison (633719) on Monday February 14 2005, @10:12AM (#11667617)
      The niche for Centos and Whitebox is pretty small, but real. It's not enough to have a good support contract, there is also the faith that a good support contract is most profitable if you ship a product that rarely has failure. If what you need is not nine nines of availability, but maybe seven and a half, Whitebox is for you. Can't afford a support contract, but want an enterprise proven stable OS? Then Whitebox and Centos are currently as close as you come. Until OpenSolaris comes out.
    • by Anonymous Coward on Monday February 14 2005, @10:25AM (#11667751)
      I build linux clusters and compute farms for biotech and pharma customers.

      Redhat is often required due to the demands of certain commercial scientific software.

      We need distros like Centos and Tao because we need a stable OS that has a multi-year lifespan. As others mentioned -- an every-6-months upgrade for Fedora Linux is not cool when you have production systems doing heavy science 24/7.

      If Redhat had a sane pricing model for scientific computing I'd gladly pay for it. As it stands though their cheapest WS line is for low end X86 systems. If you have a cluster of opterons or boxes with more than 4GB RAM (very common) you are forced to go with the enterprise line which costs thousands of dollars per machine each and every year. This is not feasable even for enterprise customers (unless they have a site license with Redhat).

      This is why over the past year or two I've started deploying clusters based on Suse and Centos.

      my $.02

        • NOT TRUE (Score:5, Informative)

          by Anonymous Coward on Monday February 14 2005, @11:26AM (#11668427)
          the white box site is http://www.whiteboxlinux.org/ [whiteboxlinux.org] run by John Morris

          someone else wanted to be a co-developer and registered http://www.whiteboxlinux.net/ [whiteboxlinux.net] on their own initiative.

          That second person who invited themselves to the party was rebuffed by Morris, who did not want to share control, and has moved to CentOS He was NOT the "main developer".

          The original (one-person-run) whiteboxlinux show continues unchanged.