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●About

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●Our Work

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We defend and uphold the rights of software users and consumers under copyleft licenses.

Impact Litigation

We defend the legal rights of software users. Learn the details, status, and stakes of our court cases.

Give Up GitHub

We urge FOSS Developers to Give Up GitHub! Learn why.

Outreachy

We offer internships for anyone who faces underrepresentation, systemic bias, or discrimination in the tech industry.

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Our annual community-oriented conference focused on the creation and impact of free and open source software. ●Tools

Member Projects

We provide non-profit infrastructure and services to our members creating Free/Libre and Open Source Software.

Use The Source

Our tool for evaluating the source code candidates companies must provide for GPLed software.

OpenWrt One

We designed and built the first ever wireless Internet router designed with software freedom and right to repair in mind. ●Learn

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Glossary of Terms

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FAQ About the Vizio Lawsuit

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Court Case

Software Freedom Conservancy v. Vizio Inc.

●Location: California ●Court Type: Orange County Superior Court ●Status: Ongoing ●Last Update: July 15, 2025 ●Trial Date: Later in 2026

About the case

Modern smart TVs come with software that tracks viewing habits to deliver targeted advertising directly on the TV screen. Software Freedom Conservancy purchased a Vizio TV to develop an open-source version of the operating system that was more customizable and didn't track users to show them ads. This Vizio TV runs on Linux, an operating system that legally requires manufacturers to share the code that lets users customize their devices. When SFC asked Vizio to provide the complete, corresponding source code (“CCS”), they refused. SFC sued Vizio in the Orange County Superior Court to receive this essential information. When Vizio chose to use Linux in its TVs, it accepted Linux's reciprocal contract, which gives purchasers all the rights that Vizio had, to modify and install the software onto the Vizio TV. However, when SFC asked Vizio to hold up its end of the bargain, by giving SFC the source code that SFC was owed so SFC could make the TVs better serve their users, Vizio refused. After multiple years of back and forth with Vizio, SFC knew the only way Vizio would comply with the license and give SFC the CCS was to sue Vizio. So in October 2021 SFC sued Vizio in California state court. The lawsuit is filed as a third-party beneficiary of GPLv2 (the license and contract that Linux and other software uses). This means that, as a purchaser of a Vizio TV, SFC has rights in the contract that Vizio has with the developers of Linux and other software Vizio uses. SFC seeks to confirm in the courts that purchasers of devices running Linux and other software with reciprocal licenses like GPLv2 have a legal right to ask for, and receive, the source code for those devices, so they can adapt the software to their needs, and make practical use of those adaptations by being able to install those changes back onto the devices they purchased. We have already seen the huge benefits that GPLv2 provides to device purchasers through projects like OpenWrt, which allows owners of broadband routers to customize the functionality and features of these devices to better serve them. As an example, users can install ad-blocking software on their router to keep invasive advertising away from their children. This is just one of many ways that companies complying with the GPL is important, and why SFC wants to confirm this third-party right to source code in the courts.

View other news coverage about this case

Why this case matters

This case could help establish whether you, as a consumer, have the right to modify and improve the technology you've purchased rather than being forced to use it exactly as manufacturers dictate.

About the case

Below are legal documents from the docket(s) in this case, provided in approximate chronological order:

SFC’s Original Complaint [Fall 2021]

●SFC's Original Complaint

Removal and Remand (federal to state) [Fall 2021]

●Vizio's Motion to Remove (to federal court) ●SFC's Motion to Remand (to state court) ●Vizio's Opposition of SFC's Motion to Remand (to state court) ●Transcript of the hearing of the motion to remand ●Decision by the federal court to remand the case to state court

Vizio's Motion for Summary Adjudication [Spring 2023]

●Vizio's Motion for Summary Judgment ●SFC's response to Vizio's Motion for Summary Judgment ●Vizio's reply to SFC's response to Vizio's Motion for Summary Judgment ●Full transcript from the hearing ●Judge's ruling denying Vizio's Motion for Summary Judgment

SFC's First Amended Complaint [Winter 2024]

●SFC's First Amended Complaint (2024-01-10)

SFC's Motion for Summary Adjudication [Winter 2024]

●SFC's Motion for Summary Adjudication ●Vizio's response to SFC's Motion for Summary Adjudication ●SFC's reply to Vizio's response to SFC's Motion for Summary Adjudication ●Judge's ruling partially granting SFC's Motion for Summary Adjudication

Mediation attempts and procedural matters in discovery [Spring-Fall 2024]

●Linux Foundation (Vizio witness) attempt to limit SFC's questions ●Judge's rulings on Motions to Compel ●Joint Statement re deadline on Motions to Compel and in-person inspection motion ●Setting trial date per Mandatory Settlement Conference result ●Joint Statement re deadline on Motions to Compel and in-person inspection motion ●Trial date unset in order to try private mediation ●Joint stipulation delaying Status Conference on discovery motions ●Joint Statement requesting trial rescheduling and bench trial ●Judge confirming rescheduled Status Conference and hearing dates ●Status Conference result and new trial date of 2025-09-15

SFC's Second Motion for Summary Adjudication [Spring 2025]

●SFC's Second Motion for Summary Adjudication (2025-05-23) ●Statement of "undisputed material facts" ●Request for judicial notice in support of Motion for Summary Adjudication ●Appendix of exhibits ●Vizio's response to SFC's Second Motion for Summary Adjudication (2025-08-01) ●SFC's reply to Vizio's response to SFC's Second Motion for Summary Adjudication (2025-08-15)

SFC's motion to set hearing date on its Motion for Summary Adjudication [Spring 2025]

●SFC's motion to set hearing date on its Motion for Summary Adjudication ●Vizio's qualified non-opposition to set hearing ●Judge's order on hearing date and new trial date of 2025-09-22

Vizio's Second Motion for Summary Adjudication [Spring 2025]

●Vizio's Second Motion for Summary Adjudication (2025-05-02) ●Statement of "undisputed material facts" ●SFC's response to Vizio's Second Motion for Summary Adjudication (2025-07-03) ●Vizio's reply to SFC's response to Vizio's Second Motion for Summary Adjudication (2025-07-11) ●Judge Leal's minute order granting the motion (2025-12-23)

Judge's order on MSA hearing dates and new trial date of 2025-10-06 [Summer 2025]

●Judge's order on MSA hearing dates and new trial date of 2025-10-06 (published 2025-08-06)

Judge's tentative ruling on 2025-12-04 [Winter 2025]

●Judge's tentative ruling on 2025-12-04

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