At this point, any membership in this 'foundation' should be viewed a shallow attempt at marketing.
There's a whole lot of other facilitating not included in that.. like infrastructure (hosting, development, test), management, technical support, etc.
No, that would defeat the purpose of FLOSS entirely.
They should aggressively defend FLOSS licenses, which would include prosecuting some of their current members. If they allow members to take, for example, the Linux kernel, modify it, and not redistribute modifications to customers (as required by the GPL), then what exactly is the LF doing other than collecting membership dues from literally anyone that can afford it, and using funds to help members promote their 'we love open source' initiatives/marketing campaigns?
Upon request the code should be made available, specifically if it's been modified and you are running the software. But yeah they should be at least open towards customers about it (those who have a right to said source, but also they can redistribute it legally under the GPL license terms).
> 8. Termination.
> You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
> However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
> Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
> Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
Yes, you are, and luckily those in charge of the foundation are capable of understanding that inclusion (and money) serve a greater good than does being spiteful.
The whole thing boils down to one thing: whether something becomes a "derivative work" just due to being linked with code licensed under GPL. FSF says it does - and one could assume they know what they are talking about; after all it's their own license, right?
Except that the GPL license doesn't really say that; it's just FSF's interpretation. While e.g. the Mozilla license states very clearly what is and what is not covered by the license, thus avoiding the problem, the GPL is unclear.
There is, however, one very simple way to win any lawsuit that would claim that your binary blob violates the GPL: just make sure it's possible for you to demonstrate in court that your code can run with something else instead of the GPL thingie. If someone sued, say, NVidia, for putting their binary drivers into people's GNU kernels, they can point at the FreeBSD version of their driver: if it works without Linux, it clearly doesn't constitute a derived code; Linux is just one of the platforms it works with.
Some combination of the license (and existence of the LGPL), other things the FSF has written, practice, and history suggest that somewhere between statically linking your program together with GPL programs and shipping your program on a disk alongside unrelated GPL programs, you go from having to comply with the GPL and not having to comply with the GPL (for your own code).
However, much of the space between those two points is a matter of conjecture, legal theory, and opinion.
If Oracle, or anyone else you don't like, donates to the EFF, or the Red Cross or whatever: does that also taint those organizations?