Re: [suse-sles-e] SLES License (Upgrade Protection Terms is the clincher)

From: Adam Tworkowski (atworkowski_at_masterfile.com)
Date: Tue Mar 14 2006 - 16:00:17 CET


From: Adam Tworkowski <atworkowski@masterfile.com>
Date: Tue, 14 Mar 2006 10:00:17 -0500
Message-Id: <1142348418.11234.16.camel@atworkowski-ubuntu>
Subject: Re: [suse-sles-e] SLES License (Upgrade Protection Terms is the clincher)

This certainly is not my reading of Novell Upgrade Protection Terms
(SUSE LINUX Maintenance Terms). It states in clause #4 that "If
Customer purchases Upgrade Protection, it must purchase Upgrade
Protection for all copies of the SUSE LINUX product(s) installed."
(http://www.novell.com/company/policies/suselinux/index.html).

Unless I am mistaken, there is no way to legitimately access Novell's
YOU servers without purchasing "Novell Upgrade Protection" which amongst
other things, buys you the rights to software patches/updates. (If
there is, then is might be the "loop hole" that you are looking for.)

It sure sounds like the following:

Whether you have each server access Novell's YOU server directly, or
whether you use your own repository that is seeded by a single server
connecting to Novell's YOU server, all SLES servers need to have a valid
"Upgrade Protection" license, whether you plan to ever update all of
your servers or not. This means you cannot have a pool of "updated"
productions servers and a pool of (unlicensed) development servers that
go unpatched -- its a violation of the agreement.

If I am misreading this please let me know as we are about to spend a
small fortune on SLES updated. I spent a good deal of time trying to
figure out all of this legalese so wouldn't have an unexpected visit
from our lawyer who is just across the hall ;)

-- 
Regards,
Adam Tworkowski, atworkowski@masterfile.com
Systems Administrator, Computer Department
Masterfile Corporation, www.masterfile.com
On Tue, 2006-14-03 at 12:32 +0100, Paolo Basenghi wrote:
> Leo wrote:
> > Sure the online update and patch is more convenient and easier, it 
> > will save a lot of time. I want to know is it possible to build an 
> > update server by myself, say for example, I have one server has the 
> > account and be able to get all the updated RPM files, and the other 
> > servers without the license just copy the RPM files from the server, 
> > without connecting to the website, is this possible or popular?
> Yes, it is possible AND popular. You can use YaST to create an 
> installation server and/or a YOU server on the machine connected to the 
> Internet, then configure YaST on the internal servers to download 
> updates from your YOU server. Read the manual, SuSE already has 
> everything you need.
> 
> About licensing doubts: you should read the Novell SuSE Linux Enterprise 
> Server 9 Software License Agreement 
> (http://www.novell.com/licensing/eula/sles_9.pdf), it's very clear:
> "The Software is a collective work of Novell. You may make and use 
> unlimited copies of the Software for
> Your distribution and use within Your Organization. The term 
> “Organization” means a legal entity, excluding
> subsidiaries and affiliates with a separate existence for tax purposes 
> or for legal personality purposes."
> 
> So Novell says that you can buy a _single_ maintenance subscription to 
> access online updates and use it to update an arbitrary number of SLES 
> installations within your organization.
> 
> You must only pay attention to that packages that have more restrictive 
> licenses:
> "The Software is a modular operating system. Most of the components are 
> open source packages,
> developed independently, and accompanied by separate license terms. Your 
> license rights with respect to
> individual components accompanied by separate license terms are defined 
> by those terms; nothing in this
> Agreement shall restrict, limit, or otherwise affect any rights or 
> obligations You may have, or conditions to
> which You may be subject, under such license terms."
> 
> So, for example, OpenLDAP is not under GPL, but it permit unlimited copy 
> and redistribution if the original copyright notice and license is also 
> redistributed.
> 
> I don't know if SLES9 contain any commercial bundled software that don't 
> permit multiple installations. I think that Novell should insert a list 
> directly in the license agreement.
> 
> Regards
> Paolo
> >
> 
> 
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