Some comments on the heated debate on SFC / Busybox / Linux GPL enforcement
During the past week[s], there has been a heated debate on the alleged
methods of GPL enforcement as it is performed by the Software Freedom Conservancy on
behalf of the Busybox copyright holders.
The extent of license enforcement on Busybox has apparently triggered the proposal to
create a non-GPL replacement for it, which in turn has received
quite harsh responses e.g. from Matthew Garrett.
It's been relatively difficult for me to figure out what is really going
on here. It is well-known that the Free Software Conservancy has been
actively enforcing the GPL on Busybox. But then, at the same time
gpl-violations.org has been (and still is!) similarly active in
enforcing the GPL on the Linux kernel. Still, I haven't yet seen calls
to write a non-GPL Linux kernel replacement. Of course, the complexity
is on an entirely different scale, so this point is moot.
However, for quite some time there have been rumors about the intensity
(some would say aggressiveness) of the enforcement. I don't want to
accuse anybody of anything, so I'm going to write speculatively about
it.
This post is to summarize my thoughts on all of this:
It is well within the right of each author / copyright holder to
decide on the enforcement strategy and license interpretation. As such,
I respect the decision of the authors. It is their work, they should
decide what to do.
In any kind of GPL enforcement, you of course not only want the
complete corresponding source code to one program, but to all of the
GPL/LGPL/AGPL or otherwise copyleft licensed programs contained in the
product. We at gpl-violations.org have always been requesting the
complete corresponding source code to all GPL licensed software during
our communication with the infringing companies. This request was
typically honored by everyone, without the need to apply any pressure
onto it. After all, releasing only one bit of code causes the risk to
get sued by somebody else who owns the other not-yet-compliant part of
the code.
Now there have been rumors that SFC was not only requesting non-Busybox
source code, but also making it a condition for the explicit
re-instatement of the license on Busybox. Whether or not there was
such a hard condition is subject to debate and there are different
opinions on it. For those in the field of FOSS licensing, it has always
known that there are different lines of thought with regard to the
requirement to explicit reinstatement. We in Germany generally think
that it is not required at all, and the existing preliminary injunctions
at least implicitly acknowledge that as they enjoin companies from
distributing a product as long as it is not in compliance with the
license. In other (particularly the U.S.), it is generally assumed
that explicit reinstatement is required. In such a case, it may very
well be legally possible to use it as a lever to obtain source code for
other programs like the Linux kernel. However, I am personally not sure
if that really is the right strategy. Not everything that is possible
legally is ethically the right thing to do. But then, ethics and legal
customs differ widely in the FOSS communities, as they do in society in
general. Some countries and communities believe in the death penalty,
others don't. Some countries allow abortion, others don't. Some allow
prostitution, others don't. So when judging about whether that
"reinstatement lever" is acceptable or not, we have to accept that there
may be different lines of thought. I for my part definitely think that
the far superior method is, beyond doubt, to have a rights holder on
those other program in order to make any demand for source code (as
opposed to a mere request without implicit or explicit legal threat).
There also have been rumors about a requirement on submitting future
source code releases to a compliance audit by the Conservancy.
According to SFC sources, there never was any such demand, and the
rumors are likely spawned by some incorrect claims of a defendant in a
court case, which ended up in the public record. If there was such a
requirement, I wouldn't think it is just - at least not for a first-time
non-intentional infringement case. If there was repeated infringement
and a clear sign that it would happen again and again, such a
requirement for future audits may be justified, depending on the case.
People who claim that GPL enforcement is scaring away companies from
using Linux and/or other Free Software also have to be careful in what
they say. If a commercial entity enters a new market (let's say Android
Tablets), then there is a certain due diligence required before
entering that market. So if you don't understand Free Software and
particularly GPL licensing, then you shouldn't place a Linux-based
device on the market. Just think about an analogy: If you have a
recycling company and enter a new market (disposal of hazardous
chemicals), then you cannot simply treat those chemicals as regular
waste, wait until you run into legal trouble and expect to get away with
it.
I think there are still far too many GPL violations out there, and we
need to see more enforcement in order to get all the major players in
their respective lines of business into compliance. But come on,
dealing with embedded devices in 2012 and still getting compliance
outright wrong really means that there has not been the least bit of
attention on this subject. And without enforcement, it is never going
to change. People who want no enforcement should simply use
MIT-style licenses.
Last, but not least, I also think GPL compliance is a matter of fair
competition. There are some companies who really do a good job in
ensuring compliance with the various Free Software licenses. If their
competition doesn't invest the funds into the respective skills,
procedures and business processes, they are getting an unfair
competitive advantage against those who are doing it right. If there
was no enforcement, the motivation would be to reduce efforts in
compliance, not increase it.
Let me conclude with a clear statement to anyone who thinks that by
replacing Busybox with a non-GPL licensed project they can evade GPL
enforcement: It will not work. There are others out there enforcing
the GPL. Last but not least gpl-violations.org. Despite the
notoriously outdated webpage, we are still alive and kicking, churning
down on the violation reports that we receive. Armijn Hemel, Joachim
Steiger, Tim Engelhardt, Julia Gebert and Till Jaeger deserve much of
the credit for all that work, while I'm mostly spending each awake
minute hacking Free Software for mobile
communications. Yes, we should publish more about our activities,
and I hope to find the time to do so. There should at least be an
annual report with the number of cases...
[ /linux/gpl-violations |
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HTCs delays in releasing Linux source code are unacceptable
The Taiwanese smart phone maker HTC is widely known to be delaying its
Linux kernel source code releases of their Android products. Initially,
this has been described to to the requirement for source code review,
and making sure that no proprietary portions are ending up in the
release.
While the point is sort-of moot from the beginning (there should be no
proprietary portions inside the Linux kernel for a product that wants to
avoid entering any legal grey zone in the first place), I was willing to
accept/tolerate it for some time.
At one point more than one year ago, gpl-violations.org actually had the
opportunity to speak in person to senior HTC staff about this. I made
it very clear that this delay is not acceptable, and that they should
quickly fix their processes in order to make sure they reduce that
delay, eventually down to zero.
Recently, I received news that the opposite is happening. HTC still has
the same delays, and they are now actually claiming that even a 120 days
delay is in compliance with the license.
I do think neither the paying HTC customers, nor tha Free Software
community as a whole have to tolerate those delays. It is true that the
GPLv2 doesn't list a deadline until when the source code has to be
provided, but it is at the same also very clear what the license wants:
To enable people to study the program source code. Especially in todays
rapid smart phone product cycles, 120 days is a very long time.
So I hereby declare my patience has ended here. I am determined to
bring those outrageous delays to an end. This will be one of my new
year resolutions for 2012: Use whatever means possible to make HTC
understand that this is not how you can treat Free Software, the
community, its customers, the GPL and in the end, copyright itself.
[ /linux/gpl-violations |
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Back home after successful KOSS Legal Conference
The first incarnation of the KOSS Legal
Conference was a big success. There were many participants from a
variety of backgrounds, such as
- Independent Korean legal experts
- Legal scholars from Korean law schools
- International legal experts (e.g. Till Jaeger, Carlo Piana, etc.)
- Representatives from the major Korean IT industry
- Representatives of the community organizations like FSFE
- Independent technical experts like Armijn Hemel and myself
The discussions have been a big success, with significant participation
from the floor. There are many events that I attended where it was hard
to actually get any participation from the audience - but the KOSS Law
conference was definitely not one of them. Some of the questions were
easy to respond to, some other questions really tackled the difficult
issues in Free Software License Compliance.
What was clear to see from the Industry participants: FOSS License
Compliance has become an important topic in the last couple of years:
One the one hand as a result of virtually no TV set / mobile phone / PMP
or other device running without Linux or other FOSS. On the other hand,
I'm sure that the enforcement efforts of gpl-violations.org and the SFLC
also have had significant impact on that.
What I personally find important is that compliance is only considered
as part of the overall FOSS picture. Complying with the license text is
the minimum that companies involved with FOSS should do. Rather, they
should look beyond mere compliance and consider the benefit of engaging
more actively with the community, contribute code back upstream/mainline
and really becoming a first-class citizen of the Free Software world.
As a big surprise to everyone, Jim Zemlin of the Linux Foundation made a
surprise visit towards the end of the second day of the conference.
Many thanks to the KOSS Law center for bringing this together and
organizing such an event. Thanks also to the Korean NIPA (National IT
Industry Promotion Agency) and the FSFE for their support of the event.
[ /linux/gpl-violations |
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Going to attend Korean FOSS legal conference
Recently I had been invited by the Korean Open Source Software (KOSS) Law
Center to attend their 2011 KOSS conference scheduled for November 17
and 18 in Seoul, Korea.
This conference is organized by the KOSS Law Center with support by the
Korean Government (National IT Industry Promotion Agency). Its primary
purpose is to share best practises in terms of FOSS licensing, license
compliance but also FOSS community interaction within the Korean IT
industry and the public sector.
I'm happy to present on Beyond Legal Compliance - Embracing the FOSS
community, where I will outline that the primary focus should not be
on to-the-letter legal compliance, but to a proactive way of interacting
with the FOSS community. After all, collaborative development is what
FOSS is all about...
However, due to a schedule conflict with the DeepSec 2011 conference in
Vienna (where I'm giving a two-day GSM security workshop), I'm only able
to attend the second day of the KOSS conference.
The speaker line-up for the KOSS conference is quite impressive, and it
includes Karsten Gerloff (FSFE), Till Jaeger (JBB), Carlo Piana (FSFE),
Keith Bergelt (OIN), Armijn Hemel (gpl-violations.org/Tjaldur) and others.
Unfortunately there seems to be no homepage, at least none with an
English language title that Google would be able to find. Carlo Piana
has mentioned the event in his
blog four days ago.
UPDATE: There now is a conference
page, although in Korean language only ;)
[ /linux/gpl-violations |
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Unbelievable statements in GPL related case in the Supreme Court of Mauritius
I've recently received some documents regarding a court case at the Supreme Court of
Mauritius.
The plaintiff is a company called Linux Solutions Ltd. in
Mauritius. It seems to be covering an alleged breach of an NDA between
a contracted freelancing developer and a company in Mauritius. That
contractor (the defendant) has apparently published some of the work he
had done while contracting for the plaintiff.
While none of that seems to be clearly connected with the GPL, what is
extremely disturbing is the sworn affidavit / oath by one of the
executives of the plaintiff. It says things like:
5. Licenses of open-source software like "Linux" and "Asterisk" have
no copyright restrictions which in effect puts no restrictions
on their use or distribution. As a consequence, any work which is
derived from the open source software as conceptualized, created,
installed and managed, by the Applicant becomes the ownership of the
Applicant.
6. In the light of the above, therefore, the applications,
configuration files and features so developed by the Applicant are the
sole property of the Applicant, make up the knowledge base of the
Applicant, make the basis of its business operations, and are highly
confident in nature. The applications, configurations and features have
been built and acquired by the Applicant through important capital
investments and manpower over a period of time.
So let me phrase this more clearly: Somebody, under oath is
stating at the Supreme Court, that GPL-Licensed software (which the
Linux kernel definitely is), has no copyright restrictions? And
that any derived work is the sole property of whoever created the
derivative? What kind of pot are they smoking in Mauritius?
If there's anyone in the Free Software legal community interested in
filing some kind of legal document to the Supreme Court of Mauritius to
clarify this issue, feel free to contact me for more details on the
case. No matter whether the defendant has broken some NDA, I think it's
unacceptable to see such ridiculous claims being made at a Supreme
Court.
In case you don't believe it, here are some scanned samples:
[ /linux/gpl-violations |
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AVM trying to spread FUD about the Cybits case
Unsurprisingly, AVM
is now trying to claim their legal action is not related to any GPL
violation. This couldn't be further from the truth.
In both the court hearings (in two independent cases), AVM has
repeatedly declined to make a clear statement that the modification and
installation of modified version of the GPL-Licensed parts (like Linux)
is acceptable to them.
We have raised this question in front of court and out of court, and
AVM was not willing to make such a declaration. If they had, I don't
think I would have had much reason to join the lawsuit on the side of
the defendant.
I have no connection to Cybits (the defendant). There has never been
any business or other relationship to them, and they have not been
involved in funding my legal expenses. To be honest, I don't even care
about child filtering software in general, no matter from which vendor.
But I do care about the GPL, and the freedoms it grants. The GPL is
intended to allow any third party to modify, recompile,
re-install and run modified versions of the respective GPL licensed
program. Any court order / verdict / judgement that tries to undermine
this freedom is a substantial danger to the Free Software movement - and
as such I will do what I can to prevent it.
AVM has stated in front of the court that AVM releases the source
code compliant with the GPL, anyone can download, compile and use it -
just not on OUR hardware. There you can clearly see their attitude:
They see the FritzBox as their hardware. Last time I checked,
the unit is not rented by AVM, but is legally sold to the customer. It
is his decision to do with it what he wants. Under the terms of the
GPL, it is his decision to install whatever software on the hardware,
including modified versions of the GPL licensed Linux kernel.
Just imagine a world, where you buy a Laptop from HP, with Windows
pre-installed. Now further imagine that there is a third-party software
vendor (e.g. Canonical with its Ubuntu). Now imagine that HP was suing
Canonical for offering different software that runs on their
hardware. This is the kind of analogy that you need to think about.
I don't think AVM is truly understanding the daemons they are calling
here. If they actually manage to get a finally awarded judgement that
deprives third parties of their rights under the GPL, AVM will have
violated the GPL, specifically clause 6: You may not impose any
further restrictions on the recipients' exercise of the rights granted
herein. And what would that mean? That the GPLv2 is revoked and
AVM looses the right to use the GPLv2 licensed software they use in the
product.
[ /linux/gpl-violations |
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Court hearing in the AVM / Cybits / GPL case
Today was the court hearing at the Berlin district court in the case
that I blogged about yesterday.
Nothing really new happened there. AVM still has a number of claims
that I consider extremely dangerous to Free Software in the embedded
market:
- collective/aggregate work
They claim to have some rights on
the collective work of their own proprietary components and the GPL
licensed components. While that may or may not be true, they also argue
that based on such rights, they can legally prevent anyone from
installing modified versions of those GPL licensed components onto the
device. To me, that would clearly be a further restriction under
the GPL, and thus violate the terns of the License.
- using rmmod on proprietary kernel module is a modification under
copyright law
This is where it starts to get really ridiculous.
Both the module unload feature inside the kernel as well as the rmmod
command itself are licensed under GPL. Their sole intended purpose is
to unload modules from the Linux kernel. AVM now claims that the
defendant is violating AVMs copyright because he unloads a proprietary
AVM kernel module. Not only is it legally extremely questionable to
have binary-only kernel modules at all... but then trying to tell other
people they cannot unload such code is outrageous. AVM seems to not
understand that they have _sold_ the device to the user. He can stop
and unload any program on the device. The device is not owned by or
rented by AVM.
- copying code from NAND flash to RAM requires explicit
permission from the copyright holder
Once again, we have a
situation where the user has bought the AVM product. He has obtained a
license to the software programs. Under German copyright law there is
even no requirement to have a license for 'normal use of the program' as
long as the program was obtained lawfully. The CPU on the AVM device
(like any CPU in any computer) can only execute code that's accessible
to the memory/data bus. Code in NAND flash can never be executed
directly, it always has to be copied into RAM before it can be executed.
The claim that this operation requires separate permission by the
copyright holder is wrong. The copying happens as part of the 'normal
use of the program'.
AVM has filed several other claims against Cybits based on trademark and
competition law. They go as far as to debating whether a certain LED on
the product malfunctions after the user has installed the Cybits
software on the product ;). I don't really want to go into details
here, but I think it's mainly arguing for the sake of the argument. AVM
wants to keep and extend its monopolistic power over those devices, even
after they have been sold. That's where the real anti-competitiveness
here is... If you look at popular alternative firmware projects like
OpenWRT, you will find many vendors and literally hundreds of supported
devices. None of them is from AVM. Isn't that striking, considering
that AVM is told to have > 60% market share in Germany?
The court has heard arguments from all sides and is now adjourned.
All parties are now again going to submit lengthy piles of paper to the
court. Within those originating from my lawyers and myself, we will
definitely once again outline our position. AVM can do whatever it
wants, but it cannot use legal means to disallow the legitimate and
intended modification + use of modified versions of GPL licensed code on
their devices.
The implications of such a legal win for AVM go way beyond AVM or the
DSL router business. They go all over the embedded market, and include
NAS devices, Android smartphones, e-book readers, etc. Just think about
the implications for OpenWRT, Cyanogenmod, Openinkpot and all the other
firmware modification and 'homebrew' projects out there.
[ /linux/gpl-violations |
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German dsl-router vendor AVM seeks to remove the GPLs freedoms
Today, there has been a joint press release of
gpl-violations.org and the Free Software Foundation Europe on a
legal battle that has been ongoing for quite some time:
The German maker of popular dsl-routers (AVM) is using legal means to
try to halt a third party company (Cybits) from modifying the GPL
licensed components (like the Linux kernel) of AVM-branded routers.
Furthermore, it seeks to ask courts to halt Cybits from distributing
software by which end users can modify that GPL licensed software.
This is outrageous! AVM does not own the copyright to that GPL-licensed
software. How can they seek to prevent anyone from exercising their
right to modify the code and run modified versions of it? This is one
of the most fundamental freedoms that Free Software grants its users.
In the last lawsuits (preliminary proceedings) that AVM has brought
about, I have intervened on behalf of Cybits. At that time, the court
was impressed and has restricted a previously-granted preliminary
injunction against Cybits to not include any claims regarding the Free
Software portions of the product.
But meanwhile, AVM has filed for the main/regular proceedings. Tomorrow
(June 21st, 11am), there will be the first hearing at the district
court (Landgericht Berlin, Room 2709, Littenstr. 12-17, Berlin).
I have applied to be a side intervener in those main proceedings, too.
Given that the previous court accepted this, I assume it will be
accepted in the district court, too.
Normally I wouldn't care much if two companies are taking it to court.
But this case is not about Cybits or AVM. This case is about the
fundamental question of whether a device maker using Linux and other GPL
licensed software has the right to use legal means to prevent third
parties from exercising their fundamental rights granted under the GPL.
For more information about the case and background information, please
check out this background page at FSFE.
[ /linux/gpl-violations |
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Interview with German newspaper taz about gpl-violations.org work
There has been an interview for (at least) the online edition of the
German newspaper taz - die tageszeitung. If you understand
German, you can read
it here.
By coincidence, I'm a subscriber to that very same newspaper for more
than 10 years ;)
[ /linux/gpl-violations |
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Apple not providing LGPL webkit source code for latest iOS 4.3.x
As some people may know, next to a plethora of BSD licensed code, Apple
is using some LGPL licensed code in their iPhone products.
So far, it seems they have always provided the respective source code in
a timely manner for each and every release they have made on a website
www.opensource.apple.com.
However, in recent months it seems they have deviated from that policy
for unknown reasons. As my
friend and webkit developer zecke has blogged, Apple has stopped to
release their webkit source code with iOS release 4.3.0. The corresponding
website simply states: "coming soon".
iOS 4.3.0 was released on March 10, 4.3.1 on March 25, 4.3.2 on April 14
and 4.3.3 on May 4. For all of those releases, no source code has been
published.
It cannot be a simple oversight, as multiple inquiries have been made to
Apple by interested developers. However, the source code yet has to be
released.
I think it is time that Apple gets their act together and becomes more
straight-forward with LGPL compliance. It is not acceptable to delay
the source code release for 8 weeks after shipping a LGPL licensed
software. Especially not, if you have already demonstrated in the past
that you are well aware of the obligations and have a process and a
website to release the corresponding source code under the license
conditions.
[ /linux/gpl-violations |
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Back from the GPL Compliance Engineering Workshop in Taipei
I've been a bit over a week in Taipei, mainly to co-present (with Armijn Hemel)
the GPL compliance
engineering workshop at Academia Sinica. The workshop was attended by more
than 100 representatives of the local IT industry in Taiwan, from both legal
and engineering departments.
I think even only the sheer number of attendees is a great sign to indicate how
important the subject of Free Software license compliance has become in the IT
industry, and specifically in the embedded consumer electronics market.
I would like to use this opportunity again to thank the OSSF
at Academia Sinica for doing a great job in organizing this event.
Thanks also to Armijn, who
not only does excellent work at gpl-violations.org but also covered the
majority of the presentations at the workshop.
So what did I do the remaining week? Lots of meetings, mostly with companies
regarding GPL compliance, but also with old friends like Wolfgang Spraul and Holger Freyther
who happened to be in the city at the same time.
I also had some very exciting meetings related to my various GSM related FOSS
projects, but it is too early to really say anything about them.
[ /linux/gpl-violations |
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GPL compliance workshop on December 2nd in Taipei, Taiwan
The OSSF at Academia Sinica in Taiwan has kindly organized a full-day GPL compliance
workshop on December 2nd in Taipei, Taiwan.
Armijn Hemel and myself will be presenting on a variety of topics regarding
GPL compliance, both from an administrative/organizational as well as a
technical compliance engineering point of view.
I think this is an excellent opportunity to get in touch with product managers
and engineers in Taiwan's computing and particularly embedded industry. We
definitely still need more awareness in that industry, as the majority of the
products in a variety of IT markets are predominantly designed in Taiwan.
So the better the know-how is there, the less GPL violations we will find
further down the supply chain and finally in the retail-stores around the
world.
Many thanks to the OSSF at Academia Sinica, and specifically Florence Ko and
Lucien Lin for making this workshop possible [and giving me a reason to come to Taipei again ;) ]
[ /linux/gpl-violations |
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GPL violation reports in HTC G2 Android phone
There have been various reports and
blog posts about HTC again committing copyright infringement by not fulfilling the GPLv2 license conditions in their latest Android phone, the G2.
While at this point I haven't studied the situation enough in order to confirm or
deny any actual violations, let me state this: The number of GPL Violation
reports/allegations that we receive at gpl-violations.org on HTC by far
outnumber the reports that we have ever received about any other case or
company.
In addition, HTC seems to have had a long trail of problems with GPL compliance
in their devices. Ever since they have started to ship Android devices containing the Linux kernel, licensed under GPLv2+, we have received those reports.
The reason I have never taken any legal action is merely a result of the fact
that HTC seems to first introduce their new devices in the US, then at some
point release the corresponding source code before shipping those devices into
Europe and Germany. So by the time the devices are sold over here, the legal
issues appear to have been resolved before.
Nonetheless, I think it is outrageous for a company of this size and
significance in the market to consistently commit copyright violation (or at
least walk borderline with it) and thus mistreat the very copyright holders
that have created the operating system kernel they use in their devices. The
linux kernel developers and the Free Software community as a whole deserve fair
treatment.
Also, the competitors of HTC deserve fair treatment: Samsung, e.g.
is very forthcoming with their Android phone source code releases. If I was
them and would see HTC to fail to comply with the GPL, I would consider filing
a unfair competition lawsuit...
[ /linux/gpl-violations |
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Dell finally releases sources of GPL licensed software on the Streak
Today I have received news that Dell has released the source code of the
GPL licensed software on the Dell Streak at http://opensource.dell.com/releases/streak.
This includes, among other things, the source code to the Linux kernel they are
using on the Qualcomm Snapdragon processor.
This is good news! However, I have not yet checked if that source code release
can be considered complete and corresponding as demanded by the GPL. At
least it includes a small README file explaining how to build the sources.
I'm not very much into the Android world, but I have heard that Dell is already
shipping different Android versions for the Streak. If this is true, then there
should be multiple source code releases, one for each binary release they have.
If you know more about available firmware versions for the streak, feel free to
contact me privately.
Overall, it is great to see this release. On the other hand, it is pretty sad
that we've had to do go down the gpl-violations.org enforcement route.
Ever since the Streak released in the US months ago, customers are claiming to have
contacted Dell forums, emailed Dell Support, asked in the Dell live web-chat and
asked via twitter - without the source code being released.
Also, if you are under the impression that the Dell GPL source code as it has
been released is incomplete, please let me know the exact technical details of
what you think is missing, or why that source code is not matching what is
running on your device. Thanks in advance.
[ /linux/gpl-violations |
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More GPL enforcement work again.. and a very surreal but important case
In recent days and weeks, I'm doing a bit more work on the gpl-violations.org
project than during the last months and years. I wouldn't say that I'm happy
about that, but well, somebody has to do it :/
Right now I'm facing what I'd consider the most outrageous case that I've been
involved so far: A manufacturer of Linux-based embedded devices (no, I will
not name the company) really has the guts to go in front of court and sue
another company for modifying the firmware on those devices. More specifically,
the only modifications to program code are on the GPL licensed parts of the
software. None of the proprietary userspace programs are touched! None of
the proprietary programs are ever distributed either.
If that manufacturer would succeed with such a lawsuit, it would create
some very nasty precedent and jeopardize the freedom of users of Linux-based
embedded devices. It would be a direct blow against projects that provide
"homebrew" software for embedded devices, such as OpenWRT and many others.
I've seen many weird claims and legal strategies when it comes to companies
trying to deprive developers of their freedom to modify and run modified
versions of Free Software. But this is definitely so weird that I still feel
like I'm in a bad dream. This can't be real. It feels to surreal.
It's a pity that I cannot speak up more about the specific company in question
right now. I'm desperately looking forward to the point in time where I can
speak up and speak out about what has been happening behind the scenes.
[ /linux/gpl-violations |
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More thoughts on FSF action against Apple over GNU Go
Last week, I blogged about the FSF action against Apple. This week, I intend to add a bit to that.
As it has been pointed out to me, Apple has immediately removed the GPL-infringing
software from its app store. This of course means they have refrained from
further infringing the GPL. It is not publicly known if they have made a
declaration to cease and desist or not.
So yes, by removing the software that was distributed in violation of the GPL
terms, Apple has done legally the right thing: Reduce the danger/risk of
committing further (knowing) infringement.
The FSF (and probably the Free Software community in general) of course want
something else: For Apple to alter their app store terms in a way that would
enable software authors to have Apple distribute their GPL licensed software
in it. While this might be possible very easily with small modifications to
their legal terms and to the implementation of the app store, it is probably
not quite easy to make a legal claim and try to force this upon Apple.
Anyone always has the choice to either distribute GPL licensed software
compliant with its license terms - or not distribute it at all. If Apple
prefers the latter, this is very unfortunate (and you might call it anti-social
or even anti-competitive) but something that they can very well do.
The only questions that I see remaining from a legal point of view: What about
the previous GPL infringements? What can (and/or has) Apple to do in return
to the previous distribution of infringing software? This is where the legal
pressure of the copyright holders leaves room for negotiation. Instead of
monetary damages (which don't really resolve what the GPL aims to do), there
could possibly be a solution where Apple has to provide the GPL license text and complete corresponding source code to the Go program through their app store.
And while they're at it, they might just solve the distributing source code
for copyleft style licensed software problem in a generic way. Or they
might just decide that they're stupid and stubborn and not interested in
solving any problems in the first place.
[ /linux/gpl-violations |
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My take on the FSF action against Apple over GNU Go
About two weeks ago, the FSF announced that it has taken action against the Apple App Store over their distribution of GNU Go. This has apparently set off some people like lefty and triggered a length and wide debate.
I personally very much support the action the FSF has taken. Anyone involved
in distribution of copyrighted material is required to do due diligence on
checking that he actually has a license to do so. This is not really related
to the GPL.
Yes, this means that I can take GPL enforcement action to a retail store that
is selling/distributing infringing products, and I can make them provide a
declaration to cease and desist from further infringements. Of course,
that declaration would only be valid for this single retail store. This is
why in our gpl-violations.org work, we always try to go after whatever entity
is responsible for the majority or all of those infringements, rather than
after a single store owner.
The reason for this is simple: In many cases, it is impossible for you as the
rights holder to find out who sold the product to the retail store, and track
the entire supply chain back to whoever caused the GPL violation in the first
place. Also, some of those entities might reside in a different jurisdiction,
so you go after the first element in the supply chain that is in your own
jurisdiction, to minimize the legal risk for you as plaintiff and maximize the
output in terms of your local market.
But the case with Apple is different. They are not a small retailer down the
road, but the entity responsible for providing the infringing software to
(almost?) all of its users. They are running that App store as a commercial
company and earn money from running it (even if individual apps might be free
of charge). Free Software and copyleft licenses like the GPL are a very real
phenomenon in the software industry today, so they should better have thought
about a proper solution, not just for GNU Go but for the tens of thousands of
existing GPL licensed software projects which people might want to port or
re-use in iPhone applications.
They are already doing all kinds of verification/checking/review of software
for other reasons (things many people might call censoring), and as part of
that process they could just as well determine the license of the software,
and provide a source code download link from their store. What is the big deal?
If they (or other similar app store / market / ... providers) had thought
how to address the problem, there are easy and pragmatic solutions to
solve them in the architecture of such a app store / marketplace system.
Also, the fact that the FSF is taking legal steps is not wrong. Even if some
people might dispute whether they actually have a valid case or not (I believe
they do): This is what legal cases are for: To create a clear legal situation
for all participants in the dispute, and to set precedent for future similar
cases. Even only from that point of view it is good that they're doing this case.
At the end of it, the legal situation will be more clear, both for Apple as well
as for people who want to distribute GPL licensed software through their store.
[ /linux/gpl-violations |
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New binary analysis tool for license compliance audits released
My friends at Loohuis
Consulting and Opendawn have
just announced the first public release of their novel binary analysis tool.
This is a modular (python) framework facilitating the audit of compiled
object code. Using it, you can analyze executable code
(programs/libraries) or entire filesystem images or even complete
firmware images and search it for strings, symbol tables and the like.
Using a corresponding knowledge base, it can match this information
against information derived from software source code and thus give
some indication of whether a particular source code seems to have been
used to create the binary.
It doesn't do actual instruction-level analysis or any of that sort, but
it can help to automatize some of the steps that a license compliance
engineer so far had to do entirely manually.
Let's hope this is a successful launch and that the project will find
contributors to grow beyond the initial feature-set.
Thanks to the nlnet foundation and
the Linux Foundation for
sponsoring this project. I'm sure it will soon become a vital tool in
compliance engineering.
[ /linux/gpl-violations |
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Palm sued over GPL violation in muPDF
As you can see in this techworld post.
Apparently they are using the GPL licensed muPDF library and link it against
their proprietary PDF viewing application. If that is true, then it would be a
very straight-forward, FAQ-type violation. muPDF is not LGPL but GPL licensed,
thus you cannot create derivative works without licensing them under GPL, too.
The whole license management and even software release management at Palm
seems to be very sloppy. For example, based on the object code and disassembly,
I can prove that the source code for libpurpleadapter on opensource.palm.com
does not (or no longer) correspond to the object code that they ship.
What's particularly surprising is that Palm actually is forcing Artifex to go
to court over this issue. You would expect such a straight-forward issue
to be resolved fairly quickly and settled out of court, before it ever escalates
or turns into a PR disaster.
You would expect a company that is regularly building and releasing firmware
images to have an automatic process that packages the source code as part of the
build process. In fact, Palm uses OpenEmbedded to build their images, and it
is a standard feature of OpenEmbedded to create the corresponding source tarballs
for everything it builds.
Furthermore, the Palm kernel contains several binary-only modules that indicate
MODULE_LICENSE("GPL") in it - which is clearly not true. If you inquire about
the sources, they will respond that they will not provide the sources.
[ /linux/gpl-violations |
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Palm Pre GSM model source code available
Last night I got an e-mail by palm, that following-up to my request, the source code releases for the WebOS 1.1.2 and 1.1.3 releases have been uploaded to opensource.palm.com.
I think the response time was very quick, and I thank them for that. However,
still sad that one has to remind them of it. Let's hope with future releases
they have a fully automatic process for that.
Just to be very clear: The GPL does not state that you have to automatically
have the source code on a web site. But the way how Palm's written offer is
phrased, they say that you should visit the website to download the sources.
In that case, the web site of course needs to contain the sources...
Additionally they also offer the source code on a storage medium, if you write
them snail mail to a specific address - which is a good safeguard since the GPL
says it has to be made available on a storage medium commonly used for software
interchange.
[ /linux/gpl-violations |
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TI tries to stop alternative operating systems on its calculators by the DMCA
Apparently, TI has been trying to use the DMCA and U.S. copyright to stop
third-party developers from working on or distributing alternative operating
systems for some of their calculators.
The stock OS that TI is shipping uses a cryptographic signature process to
prevent the user from booting any non-TI operating system. However, the
signature verification was broken and people have managed to run their
own software, developed independent from TI's software.
TI is not claiming that the DMCA DRM restrictions are applicable to this case,
and that the signature process constitutes a DRM system. This is obviously
bogus to any technical person. The TI firmware is not encrypted, and you can
copy and run it on other hardware or an emulator if you please. The protection
mechanism is rather the other way around: The hardware authenticates the OS.
The Electronic Frontier Foundation has taken
up the case and is defending some of the affected people from the community
against TI.
As you can see from the EFF letter to TI, the EFF cites a number of precedent cases where the courts have ruled in very similar cases that such mechanism is not a DRM system on the software.
That precedent summarized in the EFF letter is actually very exciting to me.
It is directly applicable to all kinds of locked-down devices. Let's assume
we're talking about a Linux-powered device like the Tivo, Motorola MAGX phones,
the G1 phone (non ADP-Version). They all use GPL Licensed software that is
cryptographically signed to prevent the user from exercising his Freedom to run
modified versions of the GPL licensed program.
Precedent that indicates that such a system does not constitute DRM as
protected by the DMCA means there is a lot more freedom for people to break
such systems and freely talk about how it was performed, as well as distribute
alternate software images for the respective devices - as long as the code they
use is either their own or Free Software and does not contain proprietary bits
of the device vendor.
[ /linux/gpl-violations |
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Palm Pre GSM Version sells in Germany - No corresponding source code
Some 4 months ago, I wrote about Palm shipping the Palm Pre CDMA version in a GPL incompliant
way. You should assume that the company has learned about their mistakes
and created opensource.palm.com as a
site to host their source code, compliant with the GPL and other Free Software
licenses
Yesterday, the Palm Pre GSM model started to ship in Germany through O2
Telefonica. The WebOS version installed on the device is 1.1.2, and they are
doing an OTA upgrade to 1.1.3.
Both of those versions are not available on the Palm opensource website!
Again the same mistake!
I wonder how much this tells us about the development procedures and release
management inside Palm. We know they use OpenEmbedded to build their packages
and filesystem image. OpenEmbedded can automatically generate the source code
tarballs (+ patches), so the entire process of putting them up at the website
could and should be automatized. No manual intervention, no mistakes, no
license violations.
I have asked my lawyers to send a letter to Palm, demanding immediate release
of the complete corresponding source code. If they do not comply, I am prepared
to take legal action against O2 who is distributing the devices in Germany. I
desperately hope we do not have to escalate to this point. If we go there, I'd
better not imagine how upset O2 will be about Palm and how this will affect their
business relationship.
It is so easy for Palm to have that source code on their website. We
know that for technical reasons (see above). Why are they deliberately exposing
themselves to the legal risk? Why are they willing to accept all the negative
PR from them not respecting copyright and the GPL?
Please don't get me wrong. I am not set out to continuously complain about
Palm. I would like to see more Linux phones. But why do they have to do
everything wrong they can do wrong? Why do they not have somebody to advise
them on playing nicely with the legal requirements of the technology they use?
[ /linux/gpl-violations |
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Netgear trying to fool their users with "Open Source Router"
Two days ago, Netgear has
announced the so-called "Open Source" WNR3500L router, together with an equally "Open Source" MyOpenRouter community.
The problem with this Open Source router is: It ships with binary-only kernel modules. Not only is this extremely Closed Source, but it also
- has very practical security implications: You can never update your Linux kernel to get the latest security fixes, but have to run vulnerable old kernel versions
- is a very questionable legal practise. Netgear as the vendor is simply
relying on the fact that none of the authors who have written parts of the
kernel against which their binary-only module links will ever make copyright claims against them
One would have hoped that Netgear did thoroughly study the Open Source market
that they're trying to address. Apparently they either did not do that, or
they chose to ignore the values/rules by which this community works, or they had
somebody with limited understanding to advise them on this.
If anyone has a relationship with Netgear and contacts to the product manager
responsible for this product, I would like to ask them for an introduction to
that product manager. I would be very happy to help them understand the
embarrassment and PR impact that they are putting themselves into by releasing
an "Open Source" product that is in fact legally questionable and proprietary.
There are people in the various communities (like OpenWRT or OpenMoko) who have
a very clear understanding of what it takes to create a true Open Source
product to address the Open Source market. Why are they not asking those
experts?
Netgear, you can do much better than that!
[ /linux/gpl-violations |
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GPL case in Denmark potentially involving NDS Viasat A/S and/or Samsung
As you can at this website, somebody
has discovered what seems very clear GPL violations in a device called "Samsung
DSB-H670N". At the moment it is not clear who is the actual cause of the GPL
violation.
However, what is outstanding about this case is that an individual on its own
tries to bring the respective companies into compliance. I think it serves as
a great example what somebody can do even if he is not one of the clear copyright
holders and just keeps insisting enough and communicating with the companies
involved.
I'm definitely looking forward to see how this turns out. gpl-violations was
not involved in any sort. We're continuing with many cases at any time, so
don't worry. I just thought this particular action is worth mentioning to the
interested reader. Maybe some other people get inspired by it and also stand
up for their rights to the source code of GPL licensed programs.
[ /linux/gpl-violations |
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Launch of International FOSS Law Review
I'm a bit late with this, but the occasional reader of my blog might be
interested to hear about the launch of
ifosslr.org: International Free and Open Source
Software Law Review, the only legal journal that focuses entirely on legal
aspects of FOSS, which obviously includes license and specifically GPL related
issues.
If you look
at the editorial committee, you will realize many prominent names in this
field.
It's very good to see this, as it means that more lawyers now have a resource
for enhancing and sharing their knowledge about legal aspects of FOSS.
I have heard about this project from its beginning in the Legal Network of the
FSFE Freedom Task Force. I know there has been a lot of (volunteer) work into
the publication of this first edition/volume. Thanks to everyone involved,
from authors to editors to people who took care of administrative issues.
[ /linux/gpl-violations |
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NerdAlert podcast / radio show
Today, I was invited for an interview with the German nerd alert podcast. The show was also
broadcasted live via the free public FM radio station FSK Hamburg.
Much of the interview is about my work at gpl-violations.org, but we also covered
quite a bit about Openmoko as well as OpenBSC. I had a good time in the
more-than-one hour interview, despite it somehow being too short to cover
more about the motivation and reasons behind each of the projects....
I'm not sure if the podcast is available yet, but I suppose it will be
accessible from the homepage
of todays show.
[ /linux/gpl-violations |
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ScummVM settles GPL duspute with Mistic software
As you can see from this press
release, ScummVM alleged Mistic Software and its distributors from infringing
the GNU GPL in some proprietary games based on ScummVM.
As it seems, this case was now settled. The press release does not make any
statement on how the actual GPL issues were solved (i.e. "where is the source
code"), but I would assume they would not want to settle unless the conditions
of the GPL are fulfilled...
If anyone has more information, I'm interested to learn about that.
[ /linux/gpl-violations |
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I'll be talking about GPL violations at LiSoG on July 1st in Munich
At the LiSoG meeting on July 1st, I'll be presenting on GPL violations and their international enforcement.
The LiSoG meetings have been repeatedly pointed out to me as some of the best
Linux meetings out there, with a lot of professionals from the Munich area
being present. I'm happy to be invited to join and present, even if it means
I'll have to escape for a day from my most exciting project in Hamburg.
So if you happen to be in the Munich area and interested in meeting with a
crowd of Linux people and/or interested in hearing about GPL enforcement
efforts, feel free join.. But you have to to register [for free], as per
instructions on the page linked above.
[ /linux/gpl-violations |
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Palm Pre is shipping GPL incompliant
As it has been reported at many places online, the Palm Pre has started to ship
as a CDMA model in the United States. However, as it seems, at this time it is
not GPL compliant and thus a copyright infringement!
The Pre undoubtedly contains Linux and other GPL licensed software. So it
ships with the GPL license text as well as a written offer indicating to obtain
the source code. So far so good.
But if you contact the respective address, you get a response like this:
Hello Harald and thanks for your email.
We are in the process of preparing the packages and our modifications
to upload them to our open source web site - http://opensource.palm.com.
We expect to have all packages and modifications uploaded and available
to the public in about 2 weeks from today.
If you prefer to get the packages and our modifications on a CD/DVD,
please provide us with your mailing address and we will gladly ship it to
you as soon as they are available on our web site.
Please let us know if you have any further questions.
All the best,
Palm Open Source Team
I think it is a bad sign that they write they are in the process of
preparing the packages and our modifications. This sounds suspiciously
like "we didn't think about it early enough and now we need to reproduce the
soruce code that was used for actually compiling the build that is installed
on the devices".
Since when did the object code exist before the source code? If you compile
e.g. the Linux kernel, you _have_ the source code before you generate the object
code. So you should be easily able to make the source code available at the
same time as the object code!
I would have expected much more from a company like Palm. If you as a
commercial entity want to use GPL licensed software, you don't have to pay one
cent in licensing or any royalties. All that you have to do is to make sure
you have the complete corresponding source code that was used for
compiling the actual binaries available at the time you start shipping the
object code.
Providing a written offer and then delaying is not good GPL compliance practise
and introduces legal [and thus business] risks that could have been easily
avoided. Let's hope the source code is really complete and corresponding
within those two weeks. And let's hope they never repeat this with another
product, or with software/firmware updates for the Pre.
[ /linux/gpl-violations |
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Some notes about the FSFE FTF Legal Workshop
I'm currently on the train heading back home from Amsterdam, where the last two
days I've been attending the 2009 Legal Workshop of the Legal Network of the
Free Software Foundation Europe.
I have to admit that it was a big surprise to me that the constructive
atmosphere and the quality of the presentations, panels and hallway discussions
has even improved beyond the already exceptional level last year.
So even if some of the more technical readers of this blog would find it hard
to agree: It can actually be a lot of fun to spend two days locked up in a
conference room full of 40 lawyers :)
It was very clear that the Free Software license compliance has moved ahead
quite a bit since its early days. We have had a number of independent lawyers
as well as corporate legal counsels from various backgrounds, as well as
some folks like myself with a very technical background but a vested
interest in legal aspects of FOSS.
Let me report on some of the most exciting parts of the workshop, at least
from my perspective:
- An official representative of WIPO reporting on their recent considerations
regarding collaborative creative work such as FOSS and the creative commons
projects
- Very insightful talks about software patents and the various new projects
like the Open Innovation Network, LinuxDefenders, Peer-to-Patent, etc.
I believe the significance of this work for the future of FOSS cannot be
underestimated, no matter of which jurisdiction you are in.
- This year, two legal experts from Taiwan were attending and received
considerable attention given the many problems that FOSS has both
legally and technically with products from the Taiwanese industry
- Last, but not least, I have made some very interesting new contacts from
people involved in Linux on mobile phones
Thanks a lot to the FSFE and particularly Shane's excellent work in putting the
Legal Network and the conference together. Thanks also to the sponsors of the
workshop, including Canonical and Black Duck.
[ /linux/gpl-violations |
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German radio station to talk with me about GPL Violations
Tomorrow at 2pm CET, I'll have a live interview in the Breitband show at the nation wide Deutschlandradio station. The show covers the
topic "Open Source and Business", and they want to talk to me for a couple of
minutes about the side-effects of businesses getting involved with
copyleft-style FOSS without respecting the rules as put forward by the
licenses.
[ /linux/gpl-violations |
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Talking to ASUS about preventing further GPL violations
Had a very productive meeting today with various representatives from ASUS
about how to make sure they don't continue their rather unfortunate series
of GPL violations in the last year.
It was a very good and productive atmosphere and I'm confident that they
are now committing the required resources and effort in fixing the mostly
organizational issues that prevent them every so often from fulfilling
their obligations under the GPL.
But in the end, what counts are hard facts. Let's look at the situation
again in one year and see what kind of progress one of Taiwans leading
companies has made in this regard.
[ /linux/gpl-violations |
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Free Software Foundation lawsuit against Cisco
As covered at lwn and other sites,
the Free Software Foundation (FSF) has filed a lawsuit against Cisco. This came
as a big surprise to me, but a very welcome one.
At gpl-violations.org, we had our fair share of dealing with Cisco (and
particularly Linksys, a Cisco division). Never we have received any entirely
satisfactory response. Sure, when you notify them of some GPL infringement, they
will take some steps here and there. But in all those years, I have not seen
a case where there was a thorough response. Whatever was disclosed as 'GPL
source' was incomplete, didn't compile, and with the next firmware release there
was again no source code for that new release. And then came the next product,
sourced-in from a different OEM, and the entire process had to re-start from
scratch.
Yes, they have gone and hired some engineer[s] to explicitly deal with the GPL
related issues, like they have taken other steps in the right direction. But it
was always superficial. Never addressing the problem at the root, i.e. have a
proper in-house business process and supply chain license management to ensure
the next product is not yet again a copyright infringement on GPL licensed
software. It is so easy to resolve at the source, and so hard to fix later.
So the FSF's decision to take this problem to court is the most appropriate
response that one can think of. A company of the size of Linksys clearly has
the manpower, skill and resources - as well as the economic power on their
suppliers - to once and all resolve any GPL licensing issues they might have.
Not only to the bare minimum that they might think, but all the way to leave
any legal grey area whatsoever. Only if there is a demonstration of a
_factual_ legal risk rather than a virtual legal risk, they will get the
motivation necessary to just 'stay clean' and not try to bend the license to
its extremes.
So you might think "why did you (i.e. gpl-violations.org) not take it to
court?" For once, I only hold copyright on certain parts of the Linux kernel,
and not for large amounts of code they use. Also, a number of the particularly
problematic products were not shipped into the German jurisdiction, and thus
a case could not be made over here. Furthermore, many of the violations are not
as clear black or white as most of the other cases that we take on. So the
amount of work and resources required in such a case would probably draw away
too much attention from all the other cases that we have.
But once again, I really welcome the FSF's action. It's funny how the historic
cycle closes. Originally I started gpl-violations.org because I thought the
FSF strategy was not aggressive/efficient enough in making Linksys/Cisco GPL
compliant in the infamous WRT54G case five years ago. Now, it seems that even
the tolerance and patience of the FSF has found an end.
Oh, and don't get me wrong: I never wanted to criticize the FSF for what they
did back then. They had and have their own strategy of what they think about
their own copyright. It's just that my strategy was different. It's up to
every author or rights holder to decide which legal strategy fits best.
[ /linux/gpl-violations |
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gpl-violations.org report in Financial Times Deutschland
The German business newspaper Financial Times Deutschland has published
an
article about my GPL enforcement work. To the best of my knowledge, it is
the first such article in a general newspaper. All previous coverage was in
publications or magazines tailored to the IT industry.
However, the content is of very low quality, and the actual facts are wrong in
a number of cases. First of all, why go to a personal level and describe myself
as having a 'Harry Potter hairstyle', and then calling me "a mixture between
bill gates and a heavy-metal fan". I hereby deny any similarity with Bill
Gates. I had my hair style like this even in the nineties (before growing it
long around 1997-2000 and then cutting it again in 2001). And I listen to a
lot of weird music, though heavy metal is generally not on my playlist.
Anyway, what is the point of all of that? How does this help people to
evaluate the risk of GPL violations?
Further down, the article has claims like "the driver software of the router
also contained some lines of code that were originally written by Welte".
First of all, it is the firmware, not the driver. Secondly, it is more than a
couple of lines (since a couple of lines would probably not constitute a
copyrightable work).
The article also explicitly states that I am not fighting for money, but "out
of principle". Despite that, it also claims "The first couple of companies are
shivering expecting the destruction of their book value". That's illogical.
Furthermore, there are claims that I have focused on
companies that only used small amount of open source. To the contrary: The
majority of the products that I've enforced so far contain 75% or more open
source software. Only small portions were added by the respective vendors.
To the contrary, there was a recent article in the Berliner Morgenpost paper one of the CCC Leaders which was really well-researched and of high quality. Even that one gets some minor facts wrong, but still portrays a realistic picture.
[ /linux/gpl-violations |
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Receiving the 2008 Open Source Award
According to reports here
and here
I had the honor of being the recipient of one of the the 2008 Google+O'Reilly Open Source Awards entitled Defender of Rights", presented by Google and O'Reilly.
I'm obviously very happy to see that my work has been recognized this way.
Following the FSF Award in March, this is definitely a big honor. Did anyone
else receive both awards in the same year so far? ;)
Thanks to the committee for the trust they put in my work. I'd also like to
use this opportunity to thank again my lawyer Dr. Till Jaeger and his law firm
JBB, as well as Armijn Hemel, who has been
running the day-to-day gpl-violations.org operations for quite some time now.
[ /linux/gpl-violations |
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Victory: Skype withdraws appeals case, judgement from lower court accepted
The court hearing in the "Welte vs. Skype Technologies SA" case went pretty
well. Initially the court again suggested that the two parties might reach
some form of amicable agreement. We indicated that this has been discussed
before and we're not interested in settling for anything less than full GPL
compliance.
The various arguments by Skype supporting their claim that the GPL is violating
German anti-trust legislation as well as further claims aiming at the GPL being
invalid or incompatible with German legislation were not further analyzed by the
court. The court stated that there was not enough arguments and material
brought forward by Skype to support such a claim. And even if there was some
truth to that, then Skype would not be able to still claim usage rights under
that very same license.
The lawyer representing Skype still continued to argue for a bit into that
direction, which resulted one of the judges making up an interesting analogy
of something like: "If a publisher wants to publish a book of an author that
wants his book only to be published in a green envelope, then that might seem
odd to you, but still you will have to do it as long as you want to publish the
book and have no other agreement in place".
In the end, the court hinted twice that if it was to judge about the case,
Skype would not have very high chances. After a short break, Skype decided to
revoke their appeals case and accept the previous judgement of the lower court
(Landgericht Muenchen I, the decision was in my favor) as the final judgement.
This means that the previous court decision is legally binding to Skype, and we
have successfully won what has probably been the most lengthy and time
consuming case so far.
[ /linux/gpl-violations |
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Tomorrow: Court hearing in Welte vs. Skype GPL case
Tomorrow at 10:30am at the Oberlandesgericht Muenchen
(higher regional court of Munich) there will be an oral hearing in the "Welte
vs. Skype Technologies SA" case. The hearing is to be held in room E.06.
This case is about a GPL violation of Skype, related to their sales of Wifi
Skype phones based on the Linux operating system kernel.
I'm fighting as part of the gpl-violations.org project in enforcing the GPL
against Skype since February 2007. Initially Skype didn't respond, we then
applied for a preliminary injunction. That injunction was granted by the
court in June 2007, but Skype chose to file an appeals case against it.
The court hearing tomorrow is exactly to debate about this appeal.
Interestingly, Skype is arguing against the validity of the GPL as a whole,
asserting that it is violating anti-trust regulation and similarly strange
claims.
[ /linux/gpl-violations |
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Report from FSFE FTF Licensing and Legal workshop
I'm on seven-hour train ride back from Amsterdam, where I've been attending the
first Licensing and Legal workshop of the Freedom Task Force (FTF) of the Free Software Foundation Europe (FSFE).
While having a somewhat lengthy name, the FTF has been doing great work on
bringing together a large group of legal and technical experts in the field
of Free Software licensing. So far this was all 'virtual', happening on
mailing lists.` The meeting in Amsterdam was the first of its kind, and was a huge success.
By the nature of the FSFE, most of the people were from Europe, though there
were attendees from the US and even Australia, too.
There were many interesting and surprisingly interactive workshops. It was
also a good opportunity to meet Armijn (the second half of gpl-violations.org)
and Shane (full-time manager of the FSFE FTF), as well as many lawyers, both
corporate legal counsel and from law firms.
The interest in Armijns presentation about gpl-violations.org and Till Jaeger's
overview about the legal cases we've handled over the years in Germany were
very well received and there was more interest and questions than the short
time permitted.
What was really good for me to see is that large consumer electronics companies
in Europe and the US are now implementing internal business processes to ensure
GPL and other FOSS license compliance. They're also increasingly using very
clear contractual language throughout their supply chain to minimize the potential
risk of any "hidden" GPL surprises in products they source from OEM/ODM
companies.
[ /linux/gpl-violations |
permanent link ]
Meeting between gpl-violations.org and FSFE FTF
The last two days, I enjoyed a meeting between gpl-violations.org and the FSF Europe Freedom Task Force.
Participating were Armijn Hemel (whom I have to thank to assure
gpl-violations.org doesn't die while I was in Taiwan for OpenMoko), Shane
Coughland (who is doing an excellent job coordinating the FTF) and myself.
For a couple of hours we've also been joined by Till Jaeger, who has handled
all the legal cases of gpl-violations.org so far.
This meeting has been over-due, mostly because I basically dropped off the
planet for way too long time. We've discussed all the current matters
regarding strategies for license enforcement, current cases, progress of the
FTF legal and technical networks, as well as future plans for incorporating the
gpl-violations.org project.
Yes, you have read correctly. I've been planning to do this for quite some
time, and I'm confident that 2008 will finally be the year in which this
happens. It's too early to talk about any details, but this is the logical
step to assure both financial and legal independence of the project from my
person, as well as scalability. As you might know, we have a couple of hundred
reported violations and can only cherry-pick those we consider particularly
important.
In any case, it was a very productive meeting. I seriously believe it has
helped to make all of us work together in a coherent manner, i.e. increased
productivity and effectiveness for a long-term strategy to increase the amount
of free software license compliance in the industry.
[ /linux/gpl-violations |
permanent link ]
HTC TyTN II / Kaiser doesn't look like a GPL violation!
There have been numerous rumors floating around the net that the HTC TyTN II
(aka Kaiser) might be a GPL violation due to a number of strings in the firmware image referring to Linux and vmlinux.
I've done some analysis on this subject, and posted my preliminary results in this posting to lkml earlier today.
So as indicated, I do not see any reason to believe there is a GPL violation
with regard to the Linux kernel in the MSM7200 modem side as used in the
abovementioned device.
So please stop those rumors now. I'm obviously not opposed to people being
watchful and report/investigate potential GPL violations. But before you call
it an actual violation, please rather make sure that you have some evidence!
[ /linux/gpl-violations |
permanent link ]
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