Copyleft terms seemed pretty strange to many seasoned attorneys familiar with commercial software licenses when they first encountered the GPL, but it is far from the weirdest license out there.
There is a long, long tail of over 2700 licenses in the Black Duck KnowledgeBase — many of which are one-offs. Several unusual licenses flout the concept of a license altogether.
1 Comment
Tomi Engdahl says:
Vizio In Hot Water Over Smart TV GPL Violations
https://hackaday.com/2021/10/22/vizio-in-hot-water-over-smart-tv-gpl-violations/
As most anyone in this community knows, there’s an excellent chance that any consumer product on the market that’s advertised as “smart” these days probably has some form of Linux running under the hood. We’re also keenly aware that getting companies to hold up their end of the bargain when it comes to using Linux and other GPL licensed software in their products, namely releasing their modified source, isn’t always as cut and dried as it should be.
Occasionally these non-compliant companies will get somebody so aggravated that they actually try to do something about it, which is where smart TV manufacturer Vizio currently finds itself. The Software Freedom Conservancy (SFC) recently announced they’re taking the Irvine, California based company to court over their repeated failures to meet the requirements of the GPL while developing their Linux-powered SmartCast TV firmware. In addition to the Linux kernel, the SFC also claims Vizio is using modified versions of various other GPL and LGPL protected works, such as U-Boot, bash, gawk, tar, glibc, and ffmpeg.
According to the SFC press release, the group isn’t looking for any monetary damages. They simply want Vizio to do what’s required of them as per the GPL and release the SmartCast source code, which they hope will allow for the development of an OpenWrt-like replacement firmware for older Vizio smart TVs. This is particularly important as older models will often stop receiving updates, and in many cases, will no longer be able to access all of the services they were advertised as being able to support. Clearly the SFC wants this case to be looked at as part of the larger Right to Repair debate, and given the terrible firmware we’ve seen some of these smart TVs ship with, we’re inclined to agree.
Software Freedom Conservancy files right-to-repair lawsuit against California TV manufacturer Vizio Inc. for alleged GPL violations
Litigation is historic in nature due to its focus on consumer rights, filing as third-party beneficiary
https://sfconservancy.org/copyleft-compliance/vizio.html
IRVINE, Calif. (Oct. 19, 2021) Software Freedom Conservancy announced today it has filed a lawsuit against Vizio Inc. for what it calls repeated failures to fulfill even the basic requirements of the General Public License (GPL).
The lawsuit alleges that Vizio’s TV products, built on its SmartCast system, contain software that Vizio unfairly appropriated from a community of developers who intended consumers to have very specific rights to modify, improve, share, and reinstall modified versions of the software.
The GPL is a copyleft license that ensures end users the freedom to run, study, share, and modify the software. Copyleft is a kind of software licensing that leverages the restrictions of copyright, but with the intent to promote sharing (using copyright licensing to freely use and repair software).
Software Freedom Conservancy, a nonprofit organization focused on ethical technology, is filing the lawsuit as the purchaser of a product which has copylefted code. This approach makes it the first legal case that focuses on the rights of individual consumers as third-party beneficiaries of the GPL.
“That’s what makes this litigation unique and historic in terms of defending consumer rights,” says Karen M. Sandler, the organization’s executive director.