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September 21st, 2007

GPL will get its day in court

Posted by Larry Dignan @ 7:53 am

Categories: General, Linux, Open Source

Tags: Software, GPL, Lawsuit, Complaint, Software Freedom Law Center, Open Source, Larry Dignan

In Focus » See more posts on: GPL

The Software Freedom Law Center says it has filed the first ever U.S. copyright infringement lawsuit based on the GNU General Public License.

The Software Freedom Law Center (SLFC) said Thursday it is filing the lawsuit (see complaint, statement and Techmeme) against Monsoon Multimedia on behalf of the two developers behind BusyBox, described as a “lightweight set of standard Unix utilities commonly used in embedded systems and is open source software licensed under GPL version 2.”

The crux of the case seems to be this:

One of the conditions of the GPL is that re-distributors of BusyBox are required to ensure that each downstream recipient is provided access to the source code of the program. On the company’s own Web site, Monsoon Multimedia has publicly acknowledged that its products and firmware contain BusyBox. However, it has not provided any recipients with access to the underlying source code, as is required by the GPL.

In other words, Monsoon took the goods, but just isn’t sharing.

The complaint seeks and injunction, damages and litigation costs. What’ll be really interesting is watching how potential damages will be calculated given the code is supposed to be open and the software is free.

In the complaint the SLFC tried to contact Monsoon, but the company didn’t reply. Usually these matters are handled with a letter.

Larry DignanLarry Dignan is Editor in Chief of ZDNet and Editorial Director of ZDNet sister site TechRepublic. See his full profile and disclosure of his industry affiliations.

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  • Talkback
  • Most Recent of 97 Talkback(s)
Hmmm
How about you learning the difference between copyright and public domain?

GPL code is NOT in public domain. Like ABBA's music is in public domain.
If you don't like the GPL license, don't ... (Read the rest)
Posted by: Jxn Posted on: 09/29/07 You are currently: a Guest | | Terms of Use
SP?  slopoke | 09/21/07
I doubt they signed any contract  devils_advocate | 09/21/07
The thing is...  John L. Ries | 09/21/07
17 USC  Yagotta B. Kidding | 09/21/07
Judges take a dim view of people playing stupid. If you are going to use  DonnieBoy | 09/21/07
That remains to be seen...  No_Ax_to_Grind | 09/21/07
EULAs don't enter into it  Teran | 09/21/07
Afraid not.  No_Ax_to_Grind | 09/21/07
Re: Afraid not.  none none | 09/21/07
A rose by any other name  No_Ax_to_Grind | 09/21/07
But, this court case has NOTHING to do with END USERS.  DonnieBoy | 09/22/07
Not quite the same  John L. Ries | 09/21/07
Re: Not quite the same  none none | 09/21/07
Technically they are the same  voska | 09/21/07
But, this is nothing about END USERS. This is about a company using  DonnieBoy | 09/21/07
Re: That remains to be seen...  none none | 09/21/07
Sorry but you are wrong.  No_Ax_to_Grind | 09/21/07
Re: Sorry but you are wrong.  none none | 09/21/07
If you call the GPL a leg  Yagotta B. Kidding | 09/21/07
Dude, your lame argument woin't mean  No_Ax_to_Grind | 09/21/07
Re: Dude, your lame argument woin't mean  none none | 09/21/07
In any case, END USERS are not involved in this case.  DonnieBoy | 09/21/07
Again, there are no END USERS involved in this case. So, better to use the  DonnieBoy | 09/21/07
That depends. You give far too much  John Zern | 09/21/07
Well, if this company is hoping to get a stupid judge, good luck, but, in  DonnieBoy | 09/21/07
Why not Microsoft can/will/does....  devlin_X | 09/22/07
GPL is no End User License Agrement (EULA)  Jxn | 09/29/07
Will be interested to see Monsoon's response  John L. Ries | 09/21/07
I don't know that an email is "contacting"  No_Ax_to_Grind | 09/21/07
That was the initial contact  John L. Ries | 09/21/07
Completely fair  Tim Patterson | 09/21/07
RE: GPL will get its day in court  KrisTheOracleGuy | 09/21/07
My take is this was a  No_Ax_to_Grind | 09/21/07
Similar except for differing on all counts  Yagotta B. Kidding | 09/21/07
Ah, but if I read it correctly  No_Ax_to_Grind | 09/21/07
Follow up  No_Ax_to_Grind | 09/21/07
It isn't a EULA  Teran | 09/21/07
Correction to first sentence  Teran | 09/21/07
Ah but they do need a license  voska | 09/21/07
Need for a license  Yagotta B. Kidding | 09/21/07
Don't get so hung up on terminology. EULA is MS terminology for the  DonnieBoy | 09/21/07
They are both licenses  voska | 09/21/07
Well, in any case, this particular suit has nothing to do with END USERS.  DonnieBoy | 09/21/07
Yes, the copyright holder has the right to distribute copyrighted material,  DonnieBoy | 09/21/07
Maybe, maybe not  No_Ax_to_Grind | 09/21/07
Re: Maybe, maybe not  none none | 09/21/07
You're being purposely disingenuous  mdielmann | 09/21/07
That is the best way to say it. You have to abide by copyright law UNLESS  DonnieBoy | 09/21/07
Not quite  voska | 09/21/07
This is GPL in short.  Jxn | 09/29/07
There are fundamental differences between the 2 types of licenses.  B.O.F.H. | 09/22/07
I think you mean "licensee"  Yagotta B. Kidding | 09/21/07
Thanks, sometimes my fingers are faster than my brain!!  DonnieBoy | 09/21/07
Claims for relief  Yagotta B. Kidding | 09/21/07
Read the first sentence of the article.  Letophoro | 09/21/07
Especially considering that a lot of the GPL does NOT apply to end users.  DonnieBoy | 09/21/07
Correction: none of the GPL applies to end users.  odubtaig | 09/22/07
Correction to Correction  yyuko@... | 09/22/07
Also with the GPL3, they added wording so the end user can pay a consultant  DonnieBoy | 09/22/07
The GPL does at least grant rights to the end user. He is granted the right  DonnieBoy | 09/22/07
looking forward to sue M$  Linux Geek | 09/21/07
Huh? WHo is "we"?  No_Ax_to_Grind | 09/21/07
haven't you heard the news?  Linux Geek | 09/21/07
There was nothing to hear.  No_Ax_to_Grind | 09/21/07
No, you are wrong  Jxn | 09/29/07
Oh, just to lend you a clue...  No_Ax_to_Grind | 09/21/07
Oh, they have?  Jxn | 09/29/07
So you saying that  John Zern | 09/21/07
Not Microsoft....NEVER EVER!  devlin_X | 09/22/07
Troll...  jasonp@... | 09/21/07
In his case, a Really STUPID Troll.  No_Ax_to_Grind | 09/21/07
Yes, so please stop trolling No_Ax_to_Grind  Jxn | 09/29/07
It already has  Yagotta B. Kidding | 09/21/07
I don't think so  none none | 09/21/07
License, EULA, Turd, all the same.  No_Ax_to_Grind | 09/21/07
Re: License, EULA, Turd, all the same.  none none | 09/21/07
Been there, done that  Yagotta B. Kidding | 09/21/07
But, this case has nothing to do with END USERS, so calling  DonnieBoy | 09/21/07
Re: License, EULA, Turd, all the same.  none none | 09/22/07
This is all about software distribution ...  George Mitchell | 09/21/07
Right, if you are an end user, the GPL really only conveys rights to you.  DonnieBoy | 09/21/07
Very clearly detailed  Ole Man | 09/23/07
GPL is doomed  micks_tricks | 09/21/07
Proprietary software suits are about 10000000x more likely, so it is the  DonnieBoy | 09/21/07
You are right, it's about Crushing the  xuniL_z | 09/23/07
You bet it will! That's why  Linux User 147560 | 09/22/07
Here we go. Let's get the LITTLE guy.  xuniL_z | 09/23/07
You don't have a clue, do you?  Jxn | 09/29/07
This will hurt linux  micks_tricks | 09/21/07
Complying with the GPL really is quite simple. This won't scare anybody  DonnieBoy | 09/21/07
gpl in the courts...  Arm A. Geddon | 09/21/07
For END USERS, the GPL really only conveys rights to you, so, all of this  DonnieBoy | 09/21/07
How about this  THEE WOLF | 09/23/07
Re: How about this  none none | 09/23/07
Hmmm  Jxn | 09/29/07
Where is Google's source code for it's  xuniL_z | 09/23/07
 B.O.F.H. | 09/23/07

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