Bonum Certa Men Certa

The GNU GPL is Already Proven and Tested in Court

Microvell



Microsoft should come clean

Several months ago, Microsoft snubbed the GPLv3 as though it does not apply to Novell and Microsoft. It insisted that it's not bound by the GPLv3 and allowed the conversation with the FSF to just cool off. Here are some of these past developments, listed in a chronological order:

  1. GPLv3 Cluebat Hits Microsoft, Which Has Just Entered the ”Denial” Stage of Its Agony (Updated)
  2. Without GPLv3 Obligations, Microsoft and Its Linux Partners Stay Stuck in 2007 (Updated)
  3. Amid the Recent Developments, Where Does Novell Stand?
  4. Kevin Carmony Responds, Linspire on Permanent Feature Freeze for GPLv3 Software
  5. Patent Lawyer in Microsoft's Defense on GNU GPLv3 Issues
  6. With Novell's Deal, Microsoft is Already Bound by GPLv3


We don't typically cover GPL stories other than ones that involve GPLv3 (for the parts of it which address Novell-like deals and patents). Making this post the exception, let's just mention that The Software Freedom Law Center has taken action to defend the GPL.

The Software Freedom Law Center (SFLC) today announced that it has filed two more copyright infringement lawsuits on behalf of its clients, two principal developers of BusyBox, alleging violation of the GNU General Public License (GPL). The defendants in the lawsuits are Xterasys Corporation and High-Gain Antennas, LLC. BusyBox is a lightweight set of standard Unix utilities commonly used in embedded systems and is open source software licensed under GPL version 2.


As you will find below, to the SFLC this is not a case of seeking legal precedence. Rather, it's about establishing a strong relationship with its clients and defending the licence, as one should. It's the developers' right.

Here are the stories (reverse chronological) about the first lawsuit attempt.



There is another new and interesting situation in LWN.net.

A GPL compliance case against Iliad



[...]

Several free software writers have called Iliad, one of the main telecom companies in France, to respect their work, and a judicial proceeding has begun to demand the respect of their licence. This action follows repeated refusals of Iliad to publish the source code of the Free Software included in their Freebox. Although the writers appreciate "the innovative contributions that Iliad has made in the telecommunication industry, along its historical inclination toward Free Software", they are concerned about the reasons that may have led Iliad to this philosophical swing.


Not so long ago, LWN.net had its eye on Yoggie because of its Linux-based USB firewall.

Skeptics Abound...



There will always be a self-serving voice which will tell you that GPL violations are impossible to detect and keep track of. Some further exploration suggests otherwise and squashes this type of GPL FUD.

"A paper to be presented at the upcoming academic conference Automated Software Engineering describes a new method to detect code theft and could be used to detect GPL violations in particular. While the co-called birthmarking method is demonstrated for Java, it is general enough to work for other languages as well..."


Let's not forget Black Duck, either. We mentioned this company on a couple of occasions that involved Novell.

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:



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.




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.




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.


It is worth remembering that Daniel Wallace's attempt to declare the GPL illegal failed miserably [PDF] earlier this year (appeal declined also). On the other hand, Microsoft's notorious EULA may have no legal basis, but who would ever challange Microsoft over this in the courtroom?

There is nothing wrong with the GPL other than perceptions that were developed around it by masterminds of the proprietary software industry. Would Dostoevsky Use the GPL?

Recent Techrights' Posts

IBM Sends Money to Microsoft
Red Hat basically helps sponsor the company that's a attacking our community
When the Cancer 'Metastasises'
We had a red flag
Attacks on the EPC: Reality and Fiction
EPO leaks
 
ZDNet (Red Ventures) Works for Microsoft (Redmond), Many Of Its Pages Are Spam/Advertisements Paid for by Microsoft
Here is the "smoking gun"
Wikipedia Demotes CNET Due to Chatbot-Generated Spew as 'Articles'; It Should Do the Same to ZDNet (Also Red Ventures, Also Microsoft Propaganda)
Redmond Ventures?
The Direction WordPress (GPL) Has Taken is an Embarrassment
it comes with strings attached
March in Techrights (EPO Litigation and More)
One theme we'll explore a lot when it comes to GNU/Linux is the extent to which communities truly serve communities
Don't Forget to Also Follow Tux Machines
We've split the material
Yandex Usage Has Surged Since the Invasion of Ukraine, Microsoft Fell to 0.7% (It Was 1.7% Before the 'Bing Chat' Hype Campaign)
In Soviet Russia, Bing searches user
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 01, 2024
IRC logs for Friday, March 01, 2024
Sellout Completed: Linux Foundation Converging With the Gates Foundation
not a joke
Hitler Rants Parodies on Steve Ballmer
Parody created using clips from Downfall (Der Untergang)
With Windows This Low (27% of the "OS" Market), Steve Ballmer Would Have Thrown Another Chair
The media produced many puff pieces about Nadella at 10 (as CEO), but what has he done for Windows? Nothing.
[Meme] The Naked President
EPO Suffers From Shrinkage
Understanding Cardinal George Pell prosecution, Institutional abuse & Debian cybertorture
Reprinted with permission from Daniel Pocock
Links 01/03/2024: Many More Layoffs, "Funerals" for Software Patents in the US
Links for the day
Gemini Links 01/03/2024: OFFLFIRSOCH 2024 and Dark Streets Tech Demo
Links for the day
Links 01/03/2024: Navalny Funeral and Media Under Attack
Links for the day
Gemini Links 01/03/2024: Making Art and the Concept of Work Management
Links for the day
Schriftleitergesetz: Hiding the Holocaust with censorship
Reprinted with permission from Daniel Pocock
[Meme] His Lips Moved
Here is your national "news" for today
statCounter: GNU/Linux Exceeded 6% in Asia Last Month (Compared to 4% Just 12 Months Earlier)
numbers may be biased
What the End of Journalism Looks Like
All on the same day
Links 01/03/2024: Microsoft 'Retiring' More Services and Raspberry Pi Celebrates 3rd Birthday (Launched on February 29th, 2012)
Links for the day
Women's Empowerment
Sponsored by Bill Gates
Gemini Links 01/03/2024: Speed Bumps and Analog Stuff
Links for the day
[Meme] Those Greedy EPO Examiners
Says the litigation industry, charging 300 euros an hour per attorney
EPO Discriminates Against Families of Its Own Workers, the Union Explains Legal Basis Upon Which It's Likely Illegal and Must be Challenged
To the Council, the EPO boasts about its wealth (seeking to impress by how much breaking the law "pays off")
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 29, 2024
IRC logs for Thursday, February 29, 2024
Links 01/03/2024: Misuse of Surveillance Against UK-Based Journalism, EPO Conflict Now in the Media
Links for the day
Taking a Break From Paid Promotion of the Illegal, Unconstitutional Kangaroo Court for Patents (UPC)
JUVE returns to its 'roots'?
FSFE admits losing funds from bequest by insulting and ignoring Fellowship representative
Reprinted with permission from Daniel Pocock
Gemini Links 29/02/2024: Raspberry Pi Incus Cluster and Aya 0.5.0 Coming Soon
Links for the day
Links 29/02/2024: Layoffs at Apple, Expedia, and Electronic Arts
Links for the day
Gemini Links 29/02/2024: Web Enshittification and Firefox user-agents
Links for the day
Spiked Piece/Censoreed Piece: 'Microsoft Copilot is a gimmick', says top CIO
Issues relate to connectivity and cost
Enrico Zini, Mattia Rizzolo, Plagiarism & Debian
Reprinted with permission from Daniel Pocock
[Meme] Clergy of GNU/Linux (Corporations Like IBM)
Volunteers as powerless "followers" of companies that "harvest" their labour
There Will Be Lots More Apple Layoffs (Already Years in the Making)
The corporate media still tries to shape the narrative to prevent panic or delay market hysteria
Latest SUEPO (Staff Union of EPO) Report For The Hague Reveals EPO Does Not Obey Court Orders, Refuses to Allow Workers to Freely Talk to One Another
working in a place where communication itself is restricted
[Meme] The Oppression Will Continue Until EPO 'Quality' Improves
wonder why EPO morale is so low?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 28, 2024
IRC logs for Wednesday, February 28, 2024
Outreachy, GSoC-mentors & Debian-Private may soon become public records in federal court
Reprinted with permission from Daniel Pocock