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In the case of Mandriva, they have the "One" configuration which is the liveCD with closed source programs where needed to make the One liveCD just work.
Above that, they have the "Free" configuration which is CD or DVD ISO which can be downloaded by anyone (like the One liveCD) and used at no licensing cost.
Above that, they have the "Power User" configuration which is a 70$ licensing cost and includes the full range of open or closed source packaged for Mandriva.
In this case, there are two levels of none consumer distribution available with one level of consumer distribution so MS would be gunning for royalties on any of those third level DVD/CD boxed sales but they likely have no grounds to chase after the lower two levels.
(I've not read over the Mandriva site in a while so they may have four different configs but that's pretty close to there setup when last I read)






Member since:
2005-07-06
There are several companies (Novell, Redhat, Mandriva etc.) that will sell you a CD or DVD with a bunch of GPL software on it. That migh count as being shipped commercially.
Of course they could counter and say that they're selling support contracts and manuals and that the CD/DVD is included for free. It's just that the only way to get that particular CD is through buying a support contract.