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linuxfans
Joined Jan 14, 2009
Posts: 5

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Posted: Jan 14, 2009 1:13:11 AM
Subject: Can I Sell Linux Distros Legally?
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Rubberman
Joined Jul 30, 2007
Posts: 944
Location:40 miles west of Chicago

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Posted: Jan 14, 2009 6:05:47 AM
Subject: Can I Sell Linux Distros Legally?
[quote=Shashank Sharma] But, you can't make profit from selling any distribution made by someone else. That you can't do. So you can't open a store and simply sell Linux distributions for profit. Asking for a nominal amount is acceptable, as long as you're not making a hefty profit.[/quote] Actually, this is not quite true. You cannot sell someone else's Linux as a product without their permission (or removing all their logos and identifying components, such as Oracle does with Red Hat Enterprise Linux), but if you include "support" as part of the deal (see Oracle), then you can charge whatever people are willing to pay as they are paying for your ability to support them. In any case, you MUST make the GPL-based code and any changes you make to it available to anyone who wants it. It can be either an online download, or some sort of media that you only charge for the media and REASONABLE shipping/handling fees. Your proprietary applications that are not based upon GPL'd code and aren't covered by the GPL itself dont fall into this caveat. A few companies that did not honor this requirement of the GPL have been successfully sued and have paid big $$ (million$ of USD) as a result of their arrogance. That includes some Fortune 100 entities. So, do your homework, give credit where credit is due, and I wish you all success in your new enterprise!

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zenfunk
Joined Jan 14, 2009
Posts: 2

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Posted: Jan 14, 2009 1:22:18 PM
Subject: Can I Sell Linux Distros Legally?
One has to keep in mind that there are different laws that might play a role here. First the copyright law: Any work one produces is automatically copyrighted. If the author releases this under the GPL or any other free software lisence then you can distribute it as you please. This also means that you can charge whatever you wish for it. If someone pays you a million dollars for a copy of the Linux kernel- lucky you. Second is trademark law: You mustn't use names, logos, that are registered to someone else, only if you pay royalties (or whatever they are called) to the trademark holder. This is why you can't use the term xubuntu in your own distro (Actually, you can, but you got to stick to cannonicals trademark policy- look it up somewhere in the ubuntu forums or google or...). Recently the distro "ubuntulite" had to change its name into "u-lite" because of this. If you strip the free software of any trademarked names, logos etc., then you can do whatever you want with it (if its FLOSS of course). Of course, I'm no lawyer, so I could be entirely wrong. HTH, Christian
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Rubberman
Joined Jul 30, 2007
Posts: 944
Location:40 miles west of Chicago

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Posted: Jan 14, 2009 8:02:46 PM
Subject: Can I Sell Linux Distros Legally?
I think you got it right. The trademark thing is why CentOS had to strip Red Hat's logos and such in order to distribute the free version of RHEL.

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mikjp
Joined Jan 15, 2009
Posts: 21

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Posted: Jan 15, 2009 2:13:53 PM
Subject: Can I Sell Linux Distros Legally?
I suppose it depends on the distribution. For example, Debian allows selling the distribution (see the faq): [i][b]14.1 Can I make and sell Debian CDs?[/b]Go ahead. You do not need permission to distribute anything we have released, so that you can master your CD as soon as the beta-test ends. You do not have to pay us anything. Of course, all CD manufacturers must honor the licenses of the programs in Debian. For example, many of the programs are licensed under the GPL, which requires you to distribute their source code. [/i] OTOH, Ubuntu allows only non-commercial remixes that have only minimal changes to use the trademark Ubuntu. Mikko [url=http://lightlinux.blogspot.com]lightweight linux[/url] [Modified by: mikjp on January 15, 2009 02:16 PM]
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