Comment Re:Is it, though? (Score 1, Interesting) 101
I am not a lawyer, nor a Red Hat employee, so:
Lawyers who have looked at this license and the GPL have consistently concluded that the GPL doesn't actually require Red Hat to *continue* a commercial relationship with a customer who chooses to redistribute the software, provided that they don't take any further action to stop them from doing so.
I think it's not an interesting question, though.
Even if you thought that discontinuing a customer's contract could be construed as retaliatory, and you wanted to make that case *in court*, you'd have to find someone who was a customer of Red Hats, and who distributed only GPL code, and whose contract was terminated. Otherwise, Red Hat could rest their entire case on section 1.4 of the subscriber agreement, which says that "This Agreement... is not intended to limit your rights to software code under the terms of an open source license," and that they had terminated the contract based on the redistribution of non-GPL software. About 2/3 of the software in RHEL is MIT, or BSD, or Apache licensed, and the RPM specs are all MIT licensed.
Honestly, I don't think Red Hat cares if anyone re-publishes their software. They publish it to the public, themselves, via the CentOS Stream git repos. They aren't trying to stop redistribution of the code.
I think what they're trying to stop is the use of their *trademarks*. Rebuild distributions very explicitly make the claim that their product is not only derived from Red Hat's, but is exactly identical. They are, in a literal sense, marketing it as a product *from* Red Hat which they are re-selling. That's trademark infringement. And if you are at all familiar with the FSF, you will know that they are actually quite firmly on the side of trademarks as a legitimate trade right. When a company establishes its reputation and goodwill in the market, it is their exclusive right to use that reputation and goodwill to sell their services. If someone else uses that company's name to sell their own services, that's an infringement. If you want to sell your product on the market, you need to do so without using Red Hat's name to make those sales. You need to make the case that *you* will support the product. If people pay for your product, it must be because they trust *you*, and not some upstream vendor, to support it.