EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.23.07

The GNU GPL is Already Proven and Tested in Court

Posted in America, Courtroom, Europe, FSF, GNU/Linux, GPL, Law, Microsoft at 1:43 am by Dr. Roy Schestowitz

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?

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 1/10/2016: Linux 4.7.6 and 4.4.23, Blender 2.78

    Links for the day



  2. Dutch Court Rules Against SUEPO (in a Reversal), But EPO Management Would Have Ignored the Ruling Even If SUEPO Won (Updated)

    SUEPO loses a case against EPO management, but the EPO's overzealous management was going to ignore the ruling anyway



  3. New Paper Provides Evidence of Sinking Patent Quality at the EPO, Refuting the Liar in Chief Battistelli

    In spite of Battistelli's claims (lies) about patent quality under his watch, reality suggests that so-called 'production' is simply rushed issuance of invalid patents (one step away from rubberstamping, in order to meet unreasonable, imposed-from-the-top targets)



  4. Battistelli Locks EPO Staff Union Out of Social Conference So That He Can Lie About the Union and the Social Climate

    The attacks on staff of the EPO carry on, with brainwash sessions meticulously scheduled to ensure that Administrative Council delegates are just their master's voice, or the voice of the person whom they are in principle supposed to oversee



  5. Unprecedented Levels of UPC Lobbying by Big Business Europe (Multinationals) and Their Patent Law Firms

    A quick look at some of the latest deception which is intended to bamboozle European politicians and have them play along with the unitary [sic] patent for private interests of the super-rich



  6. Links 29/9/2016: Russia Moving to FOSS, New Nmap and PostgreSQL Releases

    Links for the day



  7. Team UPC is Interjecting Itself Into the Media Ahead of Tomorrow's Lobbying Push Against the European Council and Against European Interests

    A quick look at the growing bulk of UPC lobbying (by the legal firms which stand to benefit from it) ahead of tomorrow's European Council meeting which is expected to discuss a unitary patent system



  8. IP Kat is Lobbying Heavily for the UPC, Courtesy of Team UPC

    When does an IP (or patent) blog become little more than an aggregation of interest groups and self-serving patent law firms, whose agenda overlaps that of Team Battistelli?



  9. Leaked: Conclusions of the Secretive EPO Board 28 Meeting (8th of September 2016)

    The agenda and outcome of the secretive meeting of the Board of the Administrative Council of the EPO



  10. Letter From the Dutch Institute of Patent Attorneys (Nederlandse Orde van Octrooigemachtigden) to the Administrative Council of the EPO

    The Netherlands Institute of Patent Attorneys, a group representing a large number of Dutch patent practitioners, is against Benoît Battistelli and his horrible behaviour at the European Patent Office (EPO)



  11. EPO's Board 28 Notes Battistelli's “Three Current Investigations/Disciplinary Proceedings Involving SUEPO Members in The Hague."

    The attack on SUEPO (EPO staff representatives) at The Hague appears to have been silently expanded to a third person, showing an obvious increase in Battistelli's attacks on truth-tellers



  12. Links 28/9/2016: Alpine Linux 3.4.4, Endless OS 3.0

    Links for the day



  13. Cementing Autocracy: The European Patent Office Against Democracy, Against Media, and Against the Rule of Law

    The European Patent Office (EPO) actively undermines democracy in Europe, it undermines the freedom of the press (by paying it for puff pieces), and it undermines the rule of law by giving one single tyrant total power in Eponia and immunity from outside Eponia (even when he breaks his own rules)



  14. Links 28/9/2016: New Red Hat Offices, Fedora 25 'Frozen'

    Links for the day



  15. Team Battistelli Intensifies the Attack on the Boards of Appeal Again

    The lawless state of the EPO, where the rule of law is basically reducible to Battistelli's ego and insecurities, is again demonstrated with an escalation and perhaps another fake 'trial' in the making (after guilt repeatedly fails to be established)



  16. After the EPO Paid the Financial Times to Produce Propaganda the Newspaper Continues to Produce UPC Puff Pieces, Just Ahead of EU Council Meeting

    How the media, including the Financial Times, has been used (and even paid!) by the EPO in exchange for self-serving (to the EPO) messages and articles



  17. Beware the Patent Law Firms Insinuating That Software Patents Are Back Because of McRO

    By repeatedly claiming (and then generalising) that CAFC accepted a software patent the patent microcosm (meta-industry) hopes to convince us that we should continue to pursue software patents in the US, i.e. pay them a lot more money for something of little/no value



  18. The US Supreme Court Might Soon Tighten Patent Scope in the United States Even Further, the USPTO Produces Patent Maximalism Propaganda

    A struggle brewing between the patent 'industry' (profiting from irrational saturation) and the highest US court, as well as the Government Accountability Office (GAO)



  19. Patent Trolling a Growing Problem in East Asia (Software Patents Also), Whereas in the US the Problem Goes Away Along With Software Patents

    A look at two contrasting stories, one in Asia where patent litigation and hype are on the rise (same in Europe due to the EPO) and another in the US where a lot of patents face growing uncertainty and a high invalidation rate



  20. The EPO's Continued Push for Software Patents, Marginalisation of Appeals (Reassessment), and Deviation From the EPC

    A roundup of new developments at the EPO, where things further exacerbate and patent quality continues its downward spiral



  21. The Battistelli Effect: “We Will be Gradually Forced to File Our Patent Applications Outside the EPO in the Interests of Our Clients”

    While the EPO dusts off old files and grants in haste without quality control (won't be sustainable for more than a couple more years) the applicants are moving away as trust in the EPO erodes rapidly and profoundly



  22. Links 27/9/2016: Lenovo Layoffs, OPNFV Third Software Release

    Links for the day



  23. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  24. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  25. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  26. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  27. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  28. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  29. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  30. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts