[Image description : 4 Panel comic. Panel 1: A Dora the explorer ripoff wearing a fedora and with the fedora logo on her t-shirt is smiling at the viewer. The caption “Fedora the explorer” is over her head. Panel 2: She speaks to a vaguely anthropomorphic chameleon: “Hello Opensuse !” He replies : “Hi Fedora!” Panel 3: OpenSuse Says: “Someone has been using your code while not freely providing theirs despite the GPL licence!” Panel 4: Fedora “Hmmm… Who could it be?” A fox wearing a red hat emerges from a bush in the background. End ]
The part that really makes it possibly infringe on the GPL is when you combine it with their user terms: It threatens terminating service to customers who get the code and share it. The GPL is supposed to guarantee that the rights of sharing the source code, and RedHat impedes on this freedom. I think his article breaks it down pretty well: https://opencoreventures.com/blog/2023-08-redhat-gets-around-gplv2-license-intention-with-contract-law/