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diff --git a/2004/gpl-revisited-knf2004/gpl-enforcement-knf2004.mgp b/2004/gpl-revisited-knf2004/gpl-enforcement-knf2004.mgp new file mode 100644 index 0000000..e9a8414 --- /dev/null +++ b/2004/gpl-revisited-knf2004/gpl-enforcement-knf2004.mgp @@ -0,0 +1,227 @@ +%include "default.mgp" +%default 1 bgrad +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +%nodefault +%back "blue" + +%center +%size 7 + + +Enforcing the GNU GPL +Copyright helps Copyleft + + +%center +%size 4 +by + +Harald Welte <hwelte@hmw-consulting.de> + + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +Contents + + + Introduction + Past GPL Enforcement + The Linksys case + Typical enforcement timeline + Success so far + Cases so far + Future GPL Enforcement + Thanks + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +Introduction + +Who is speaking to you? + + an independent Free Software developer + who earns his living off Free Software since 1997 + who is one of the authors of the linux kernel firewall system called netfilter/iptables + who IS NOT A LAWYER, although this presentation is the result of dealing six months with lawyers on the GPL + +Why is he speaking to you? + + because he became aware of copyright (copyleft?) infringement and took legal action within German jurisdiction + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +Past GPL enforcement + +Past GPL enforcement + + GPL violations are nothing new, as GPL licensed software is nothing new. + However, the recent Linux hype made GPL licensed software used more often + The FSF enforces GPL violations of code on which they hold the copyright + silently, without public notice + in lengthy negotiations + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +The Linksys case + + + During 2003 the "Linksys" case drew a lot of attention + Linksys was selling 802.11 WLAN Acces Ponts / Routers + Lots of GPL licensed software embedded in the device (included Linux, uClibc, busybox, iptables, ...) + FSF led alliance took the usual "quiet" approach + Linksys bought it self a lot of time + Some source code ws released two months later + About four months later, full GPL compliance was achieved + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +The Linksys case + + + Some developers didn't agree with this approach + not enough publicity + violators don't loose anything by first not complying and wait for the FSF + four months delay is too much for low product lifecycles in WLAN world + The netfilter/iptables project started to do their own enforcement in more cases that were coming up + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +Enforcement case timeline + + + In chronological order + some user sends us a note he found our code somewhere + reverse engineering of firmware images + sending the infringing organization a warning notice + wait for them to sign a statement to cease and desist + if no statement is signed + contract technical expert to do a stdudy + apply for a preliminary injunction + if statement was signed + try to work out the details + grace period for boxes in stock possible + try to indicate that a donation would be good PR + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +Sucess so far + + + Success so far + amicable agreements with a number of companies + some of which made significant donations to charitable organizations of the free software community + preliminary injunction against Sitecom, Sitecom also lost appeals case + more settled cases (not public yet) + negotiating in more cases + public awareness + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GPL enforcement report +Cases so far (1/2) + + Allnet GmbH + Siemens AG + Fujitsu-Siemens Computers GmbH + Axis A.B. + Securepoint GmbH + U.S.Robotics Germany GmbH + Netgear GmbH + Belkin Compnents GmbH + Asus GmbH + Gateprotect GmbH + Sitecom GmbH + TomTom B.V. + Gigabyte Technologies GmbH + D-Link GmbH + Sun Deutschland GmbH + Open-E GmbH + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GPL enforcement report +Cases so far (2/2) + + Siemens AG (second case) + Deutsche Telekom AG + Hitachi + Tecom Inc. + ARP Datacon GmbH + Conceptronic B.V. + + Total about 30 cases (28 out-of-court, 2 in-court) + More pending + + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +Future GPL Enforcement + +GPL Enforcement + remains an important issue for Free Software + will start to happen within the court + has to be made public in order to raise awareness + +Problems + only the copyright holder (in most cases the author) can do it + users discovering GPL'd software need to communicate those issues to all copyright holders + +The http://www.gpl-violations.org/ project was started + as a platform wher users can report alleged violations + to verify those violations and inform all copyright holders + to inform the public about ongoing enforcement efforts + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +Make later enforcement easy + + Practical rules for proof by reverse engineering + Don't fix typos in error messages and symbol names + Leave obscure error messages like 'Rusty needs more caffeine' + Make binary contain string of copyright message, not only source + Practical rules for potential damages claims + Use revision control system + Document source of each copyrightable contribution + Name+Email address in CVS commit message + Consider something like FSFE FLA (Fiduciary License Agreement) + Make sure that employers are fine with contributions of their employees + If you find out about violation + Don't make it public (has to be new/urgent for injunctive relief) + Contact lawyer immediately to send wanrning notice + +%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% +%page +GNU GPL - Copyright helps Copyleft +Thanks + + Thanks to + Alan Cox, Alexey Kuznetsov, David Miller, Andi Kleen + for implementing (one of?) the world's best TCP/IP stacks + Paul 'Rusty' Russell + for starting the netfilter/iptables project + for trusting me to maintain it today + Astaro AG + for sponsoring parts of my netfilter work + Free Software Foundation + for the GNU Project + for the GNU General Public License +%size 3 + The slides of this presentation are available at http://www.gnumonks.org/ + + Further Reading +%size 3 + The netfilter homepage http://www.netfilter.org/ +%size 3 + The http://www.gpl-violations.org/ project + + |