451 CAOS Theory *
A blog for the enterprise open source community

Legal books or not, GPL bolstered by suits

Jay Lyman, November 20, 2007 @ 5:24 pm ET

The Software Freedom Law Center (SFLC) has filed two new GPL-based copyright lawsuits for open source software developers of BusyBox, a set of Unix software tools used typically in embedded systems. The SFLC recently settled a similar case it pursued on behalf of the same developers against Monsoon Media, which corrected its failure to make source code available as required by the GPLv2. Monsoon managed to settle with the SFLC by appointing an open source compliance officer, publishing the BusyBox source code and paying the open source developers an undisclosed sum. However, the settlement nixed the GPL legal precedent that some hoped would result from that suit.

The two new lawsuits announced this week were filed in U.S. District Court in New York against Xterasys Corporation and High-Gain Antennas, LLC for their alleged failure to provide access to the BusyBox source code. The SFLC charged that both companies have continued to distribute BusyBox without the required source code availability, even after contact from the SFLC.

Some might say the GPL is getting another shot at making it into the U.S. legal books as precedent, and that seems to be the case. However, as the Monsoon case and others that have reached resolution before court indicate, the GPL is certainly enforceable. There is no question the SFLC will not settle for anything less than full compliance with the license (and perhaps some form of payment as well). Even if the SFLC settles, it is unlikely to do so quietly. We will all know what the open source offending party has done to rectify their errors. If the parties on the line this time think they can wriggle out of their predicament, they have quite a bit to learn about open source. It’s all out in the open, and if it comes to opening arguments, so be it. Either way, open source comes away looking legitimate, strong, legal.

viagra
free viagra
buy viagra online
generic viagra
how does viagra work
cheap viagra
buy viagra
buy viagra online inurl
viagra 6 free samples
viagra online
viagra for women
viagra side effects
female viagra
natural viagra
online viagra
cheapest viagra prices
herbal viagra
alternative to viagra
buy generic viagra
purchase viagra online
free viagra without prescription
viagra attorneys
free viagra samples before buying
buy generic viagra cheap
viagra uk
generic viagra online
try viagra for free
generic viagra from india
fda approves viagra
free viagra sample
what is better viagra or levitra
discount generic viagra online
viagra cialis levitra
viagra dosage
viagra cheap
viagra on line
best price for viagra
free sample pack of viagra
viagra generic
viagra without prescription
discount viagra
gay viagra
mail order viagra
viagra inurl
generic viagra online paypal
generic viagra overnight
generic viagra online pharmacy
generic viagra uk
buy cheap viagra online uk
suppliers of viagra
how long does viagra last
viagra sex
generic viagra soft tabs
generic viagra 100mg
buy viagra onli
generic viagra online without prescription
viagra energy drink
cheapest uk supplier viagra
viagra cialis
generic viagra safe
viagra professional
viagra sales
viagra free trial pack
viagra lawyers
over the counter viagra
best price for generic viagra
viagra jokes
buying viagra
viagra samples
viagra sample
cialis
generic cialis
cheapest cialis
buy cialis online
buying generic cialis
cialis for order
what are the side effects of cialis
buy generic cialis
what is the generic name for cialis
cheap cialis
cialis online
buy cialis
cialis side effects
how long does cialis last
cialis forum
cialis lawyer ohio
cialis attorneys
cialis attorney columbus
cialis injury lawyer ohio
cialis injury attorney ohio
cialis injury lawyer columbus
prices cialis
cialis lawyers
viagra cialis levitra
cialis lawyer columbus
online generic cialis
daily cialis
cialis injury attorney columbus
cialis attorney ohio
cialis cost
cialis professional
cialis super active
how does cialis work
what does cialis look like
cialis drug
viagra cialis
cialis to buy new zealand
cialis without prescription
free cialis
cialis soft tabs
discount cialis
cialis generic
generic cialis from india
cheap cialis sale online
cialis daily
cialis reviews
cialis generico
how can i take cialis
cheap cialis si
cialis vs viagra
levitra
generic levitra
levitra attorneys
what is better viagra or levitra
viagra cialis levitra
levitra side effects
buy levitra
levitra online
levitra dangers
how does levitra work
levitra lawyers
what is the difference between levitra and viagra
levitra versus viagra
which works better viagra or levitra
buy levitra and overnight shipping
levitra vs viagra
canidan pharmacies levitra
how long does levitra last
viagra cialis levitra
levitra acheter
comprare levitra
levitra ohne rezept
levitra 20mg
levitra senza ricetta
cheapest generic levitra
levitra compra
cheap levitra
levitra overnight
levitra generika
levitra kaufen
Permalink | Technorati Links | Bookmark on del.icio.us | digg it
Categories: Software

Comments RSS feed | Trackback URI

11 Comments»

[...] westcoastmusic wrote an interesting post today!.Here’s a quick excerpt The Software Freedom Law Center (SFLC) has filed two new GPL-based copyright lawsuits for open source software developers of BusyBox, a set of Unix software tools used typically in embedded systems. The SFLC recently settled a similar case it pursued on behalf of the same developers against Monsoon Media, which corrected its failure to make source code available as required by the GPLv2. Monsoon managed to settle with the SFLC by appointing an open source compliance officer, publishing the Busy [...]

 

[...] Herbrokentoy.com wrote an interesting post today onHere’s a quick excerpt The Software Freedom Law Center (SFLC) has filed two new GPL-based copyright lawsuits for open source software developers of BusyBox, a set of Unix software tools used typically in embedded systems. The SFLC recently settled a similar case it pursued on behalf of the same developers against Monsoon Media, which corrected its failure to make source code available as required by the GPLv2. Monsoon managed to settle with the SFLC by appointing an open source compliance officer, publishing the Busy [...]

 
Collapse Comment by Roy Schestowitz, November 20, 2007 11:38 pm

Jay,

A legal win might not be necesary if it becomes known that the FSF is on the case. It’s akin to knowing that a policeman will arrest you if you steal. It makes you behave and it makes you civil.

That said, it would be nice to shut up GPL doubters. I see them every day.

Collapse Comment by Jay Lyman, November 21, 2007 12:12 pm

Thanks for the post, Roy.

I think you’re right that there are no shortage of doubters out there. However, these lawsuits and enforcement of the GPL can serve as a sort of legal precedent. Certainly the companies being sued and pursued are seeking sound legal advice, and they’ve wisely chosen not to challenge the GPL. We’ll see what happens with these two new cases.

JL

 
 
Collapse Comment by Roy Schestowitz, November 21, 2007 2:12 pm

There is already some precedent, e.g.:

German Court convicted Skype of violating the GPL

,—-[ Quote ]
| German district court Munich has convicted Skype of violating the GPL. One of
| the VoIP telephones sold by Skype run Linux, but the GPL text was not handed
| out together with the phone, although the GPL requires that.
`—-

http://liquidat.wordpress.com/2007/07/24/german-court-convicted-skype-of-violating-the-gpl/#comment-27057

German GPL defender claims legal victory

,—-[ Quote ]
| Open-source programmer Harald Welte said Thursday he won a civil court
| case in Germany centered on the General Public License (GPL). The license
| governs many open-source projects and permits anyone to use software
| covered by it, but requires that companies incorporating GPL software
| make the underlying source code available.
`—-

http://news.com.com/2061-10795_3-6113453.html?part=rss&tag=6113453&subj=news

gpl-violations.org project prevails in court case on GPL violation by D-Link

,—-[ Quote ]
| D-Link Germany GmbH, a subsidiary of D-Link Corporation, Taiwan R.O.C.,
| distributed DSM-G600, a network attached storage (NAS) device which uses a
| Linux-based Operating System. However, this distribution was incompliant
| with the GNU General Public License (GPL) which covers the Linux Kernel and
| many other software programs used in the product.
`—-

http://gpl-violations.org/news/20060922-dlink-judgement_frankfurt.html

Wallace’s Appeal Firmly Rejected - GPL Has Nothing to Fear [pdf]

,—-[ Quote ]
| PJ: “Just so you know, Daniel Wallace’s appeal of the ruling
| against him in his pro se quest to overthrow the GPL on antitrust
| grounds, one of SCO’s daydreams too, has been firmly rejected by
| the appeals court, as I knew it would be.”
`—-

http://www.groklaw.net/pdf/WallaceAppealRejected.pdf

Collapse Comment by Jay Lyman, November 21, 2007 2:28 pm

Ah, good point, Roy. There is substantial stuff on the books already, but I’m referring to the U.S., where a GPL case has yet to reach the courts. Please forgive my geocentricity, and Happy Thanksgiving!

JL

 
 
Collapse Comment by Roy Schestowitz, November 21, 2007 8:26 pm

Thanks, you too. I just worry that the press consistently gives the impression that the GPL is broadly untested.

 

[...] Over at the 451 Group’s blog, I found myself facing geo-centricity which assumes nothing is true until its arrival in America. It’s something along the lines of “innovation exists only once Microsoft implements (imitates) an idea and mass-markets it. Anyway, the assumption there was that the GPL requires a test case in court. This isn’t quite the case though. Here is a quick list of GPL court wins: [...]

 
Collapse Pingback by 451 CAOS Theory » Latest GPL lawsuit aims at Verizon, March 28, 2008 6:41 pm

[...] I’ve already written about how these GPL lawsuits bolster the open source license. It seems the ante continues to get raised and now, with Verizon involved, the GPL and open source will get even more attention and, most likely in the end, credibility. I would bet Verizon will wisely choose to comply and settle and while some would be happy to see a GPL case hit the U.S. courts, the recognition of GPL’s legitimacy keeps on coming. [...]

 

[...] SFLC wish to raise the profile, prominence and recognition of open source licensing and they are effectively doing so with the series of suits they have launched and subsequently settled. However, would there be just [...]

 
Collapse Pingback by 451 CAOS Theory » New GPL suits and an open source imbalance, December 16, 2009 4:41 pm

[...] targeting big names in electronics and IT. We’ve long covered these series of GPL-based suits and settlements, but this latest round comes at an interesting time for open source software and [...]

 

Leave a Comment

Some HTML is allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong> .

Your Comment (smaller size | larger size)