17 Mar 2005 roozbeh   » (Master)

It's been a long time since I am struggling with this question: "Isn't Fedora Core's EULA a violation of GPL?"

Quoting just an example from the EULA:

By downloading, installing or using the Software, User agrees to the terms of this agreement.[...]

5. EXPORT CONTROL. As required by U.S. law, User represents and warrants that it: [...] (c) will not export, re-export, or transfer the Software to any prohibited destination, entity, or individual without the necessary export license(s) or authorizations(s) from the U.S. Government; [...]

Isn't this in contradiction with section 6 of the GPL that says:

[...] You may not impose any further restrictions on the recipients' exercise of the rights granted herein. [...]

If it is really a requirement of US law for Red Hat to bind the user with those requirements, doesn't section 7 of the GPL restrict Red Hat not to publish the software?

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all.[...]

If you are the author of any GPL-ed piece of software included in Fedora Core, I would appreciate it very much to know your opinion (I am roozbeh@farsiweb.info). This is a clear GPL violation to me.

I was planning to contact FSF about this. Any better recommendation?

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