[WesolyKubeczek]

Well, nothing prevents you from rebuilding the upstream tarball, or tarball with RH's patches applied even, using upstream's instructions. Doesn't have to be the identical RPM package, does it?

I don't really know how this might or might not work. My gut says that since the .spec is meaningless without the sources, it's a Modification of the work and thus the spec, patches, and the resulting SRPM is definitely a Derived Work. But every time anything quasi-legal is being brought up here or anywhere else, it gets drowned in the arguments over what the meaning of the word "is" is, so I don't know how you can twist it, legally.

But then, the elephant in the room is that IBM may decide to give away only the GPLed SRPMs, and say a big fuck you to anything more permissive. People rallying against copyleft have made quite an impact, and the GPLed landscape is shrinking.

[angus-prune]

Perhaps I'm missing something, but doesn't it have to be the source for an identical rpm package.

If the rpm package is the binary they're distributing, than that's also the source they have to distribute.

The gpl isn't literally about the community, upstream, downstream. The gpl is simply - if you give me a binary, you have to also give me (or ensure I have access to) the source for that binary. The source to a similar binary doesn't cut it.