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%include "default.mgp"
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Enforcing the GNU GPL
Copyright helps Copyleft
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by
Harald Welte <hwelte@hmw-consulting.de>
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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
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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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
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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
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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
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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
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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
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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
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%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
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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
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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
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The slides of this presentation are available at http://www.gnumonks.org/
Further Reading
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The netfilter homepage http://www.netfilter.org/
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The http://www.gpl-violations.org/ project
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