228 lines
6.5 KiB
Plaintext
228 lines
6.5 KiB
Plaintext
%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
|
|
|
|
|