laforge-slides/2004/gpl-wos2004/gpl-wos2004.mgp

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Enforcing the GNU GPL
Copyright helps Copyleft
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by
Harald Welte <laforge@netfilter.org>
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GNU GPL - Copyright helps Copyleft
Contents
Introduction
The GNU General Public License
Motivations for licensing under the GPL
Enforcing the GNU GPL
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
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
The GNU General Public License
What is the GNU General Public License?
A software license issued by the Free Software Foundation, originally meant for their Free Software in the GNU project.
The commonly used Version is the GPLv2 from 1991
Can be considered as the first 'copyleft' licenses, before the idea of 'free software' spread to 'free content' and other areas.
Traditional software licenses are designed to restrict the rights of the user
no copying
no modificatio
no reverse engineering
The GPL instead tries to grant fundamental freedoms
freedom to run the program
freedom to study the program and adapt it (requires source code)
freedom to redistribute
freedom to improve and publish improvements
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GNU GPL - Copyright helps Copyleft
The GNU General Public License
But, the GPL does not only grant rights!
In order to preserve the fundametal freedom, any distribution of a program has to
mention that the work is licensed under the GPL
include the GPL license text
either include the source code, or provide a written offer how to receive a copy of the source code
Also, any derived work that is being distributed has to
make available the source code of the derived work
Unfortunately, the wide misconception about copyright, free software, public
domain (even the RedHat CEO!) leads to people unknowignly, or even wilfully
only benefit from the freedom but not fulfill the obligations stated above.
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GNU GPL - Copyright helps Copyleft
Enforcing the GNU GPL
Enforcing the GPL
GPL violations are nothing new, as GPL licensed software is nothing new.
However, the recent Linux boom
The FSF enforces GPL violations of code on which they hold the copyright
silently, without public notice
in lengthy negotiations
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 'qiet' approach and it took about four months until the full source code was released
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
So the netfilter/iptables project started to do their own enforcement in more cases coming up
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GNU GPL - Copyright helps Copyleft
Enforcing the GNU GPL
Enforcing the GPL
chronological order
reverse engineering of firmware images
sending the infringing organization a warning notice
wait for them to sign a statement to cease and desist
applying for a preliminary injunction if they don't (max 4 weeks after reverse engineering)
Success so far
amicable agreement with Asus, Belkin, Allnet, Fujitsu-Siemens, Securepoint, U.S.Robotics
some of which made significant donations to charitable organizations of the free software community
preliminary injunction against Sitecom
negotiating in more cases
public awareness
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GNU GPL - Copyright helps Copyleft
Enforcing the GNU GPL
Enforcing the GPL
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
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/
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The netfilter homepage http://www.netfilter.org/
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The http://www.gpl-violations.org/ project