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SFLC launches GPL enforcement smackdown on 14 gadget makers
The Software Freedom Law Center has filed a lawsuit against 14 companies that …
Ryan Paul
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On behalf of the developers behind the open source BusyBox project, the Software Freedom Law Center (SFLC) has launched a major lawsuit against 14 consumer electronics companies. According to a complaint filed by the SFLC, the companies named in the suit failed to comply with the requirements of GNU’s General Public License (GPL), the free software license under which the BusyBox code is distributed.
The SFLC was founded in 2005 with the aim of providing legal support to the free and open source software communities. The organization’s GPL enforcement efforts have made it possible for independent developers to protect their rights (and the rights of their users) when they might not otherwise have had the resources to do so. Since its inception, the SFLC has filed a number of lawsuits against the most egregious offenders and has also made a strong effort to educate companies about copyleft licensing obligations.
Earlier this year, SFLC technical director Bradley Kuhn revealed that he finds an average of one new GPL violator every single day. The growing popularity of Linux in devices has driven rapid adoption of GPL-licensed embedded software like BusyBox. Hardware companies that have elected to use Linux in their products don’t always realize that the terms of the GPL mandate source code disclosure.
“As embedded computer systems become more commonplace in everyday consumer electronics and more companies recognize the zero-cost licensing of Free Software over proprietary alternatives, it is more important than ever for manufacturers to learn to comply with the GPL”, Kuhn said in a statement about the lawsuit.
The companies must publish the source code of the individual GPL-licensed components and any modifications that they have made. They must also ship a notice with the product to inform the user of their rights under the GPL and the availability of the source code.
These requirements are not particularly onerous. Many well-known hardware vendors comply without difficulty, including Amazon and TiVo. It’s important to understand that GPL compliance generally does not require companies to publish all of the code for their products. They can still have proprietary components that are independent of the individual GPL-licensed components.
The SFLC typically attempts to resolve GPL compliance disputes in a nonconfrontational manner and only pursues litigation as a last resort. The 14 companies that are the target of the SFLC’s lawsuit were unresponsive and failed to discuss or address their licensing compliance failures after receiving numerous warnings from the SFLC.
The list of targets includes some big names, such as Samsung, JVC, Best Buy, and Westinghouse. The infringing products range from wireless networking hardware to digital media recording devices. The suit requests permanent injunctive relief to block further infringement. The complaint also calls for the hardware companies to pay damages and cover attorney’s fees.
The SFLC has a pretty solid track record and is consistently successful in its enforcement efforts. It’s likely that most of the companies named in the latest lawsuit will choose to settle quickly out of court as many companies have in response to previous lawsuits of this nature.
Ryan Paul
Ars Editor Emeritus
Ryan Paul
Ars Editor Emeritus
Ryan is an Ars editor emeritus in the field of open source, and and still contributes regularly. He manages developer relations at Montage Studio.
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