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Is Linksys Violating The GPL?

jap writes "According to this post on LKML, Linksys is shipping firmware for (at least their) 802.11g access-points based on Linux - without any sourcecode available or mentioning of it on their site. This could be interesting: it might provide the possibility of building an ueber-cool accesspoint firmware with IPsec and native ipv6 support etc etc, using this information!"

524 comments

  1. Cisco IOS ? by berkeleyjunk · · Score: 5, Funny

    If you push too hard for publishing source code, this box will be running Cisco IOS soon, slowing down the box 4 fold.

    1. Re:Cisco IOS ? by Anonymous Coward · · Score: 2, Informative

      Nah, Free/OpenBSD can have commercial license where you don't need to publish the source e.g. MacOSX

    2. Re:Cisco IOS ? by Anonymous Coward · · Score: 1, Interesting

      No, it'll run some BSD, as the BSD license allows this kind of usage.
      Eg. OpenBSD would be ideal for an access point, with all the advanced networking&security features.

    3. Re:Cisco IOS ? by Anonymous Coward · · Score: 3, Interesting

      Interestingly enough, Cisco's Content Engine module (it's a web cache) for the 2600/3600 routers, run linux. So, is Cisco violating the GPL? Maybe, by not providing source. But, it doesn't mean they modified the source at all, much of the functions in it appear to be handled by external programs that they have written.

      The module itself is just a PIII 500 mobile processor with a laptop drive and some memory. Basically, just a PC on a tiny card. It's neat.

    4. Re:Cisco IOS ? by prizog · · Score: 5, Interesting

      Hi. I work for the FSF investigating GPL violations (and yes, we are also working on this Linksys thing). Can you tell me more about this Cisco issue? Is there any software FSF holds copyright on (the gnu c library, bash, gnu tar, gzip ...)? Does the unit come with an offer to provide source code?

    5. Re:Cisco IOS ? by prizog · · Score: 4, Interesting

      Er, you can mail me at novalis atsign fsf.org if you have any information.

    6. Re:Cisco IOS ? by Sheetrock · · Score: 3, Interesting
      I'm a bit curious... how does the FSF avoid issues with EULA agreements when performing an investigation? They seem to forbid the types of operations I would think necessary to determine if code is being misappropriated, as some degree of disassembly or analysis of EULA'd software would seem to be necessary for a comparison.

      Not that such an argument would matter much if they were indeed found to be misusing GPLed code, of course.

      --

      Try not. Do or do not, there is no try.
      -- Dr. Spock, stardate 2822-3.




    7. Re:Cisco IOS ? by prizog · · Score: 4, Informative

      Usually, we don't do much investigation -- we rely on reports from users of the products. We never agree to EULAs, technical NDAs, etc. as a matter of principle. And usually, there's no disassembly involved -- simply grepping for a copyright notice is enough. Most violations are inadvertant -- they're still serious, but there's usually no attempt to hide what software is used.

    8. Re:Cisco IOS ? by fm6 · · Score: 2, Interesting
      Even though you got modded "Funny" I think you're serious. Consider the cost of licensing a proprietary OS and porting all your code to it. Weigh that against the cost of putting all the source code on the web.

      My guess is that nobody at Linksys thought about their obligation to provide source code, or if they did, the process fell through the usual corporate cracks.

    9. Re:Cisco IOS ? by MindStalker · · Score: 1

      Dude, Cisco bought, is buying, linksys. So no, there is no cost, cept internal accounting bull, but thats pretty meaningless.

    10. Re:Cisco IOS ? by WindBourne · · Score: 2, Insightful

      Yes, but internally, Cisco is playing with Linux more and more on equipment.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    11. Re:Cisco IOS ? by Anonymous Coward · · Score: 0

      Actually, Linux would be an ideal operating system for this, considering it... already runs Linux.

      The trouble is not playing by the rules.

    12. Re:Cisco IOS ? by fm6 · · Score: 1

      So no license fees. Fine. There's still the cost of porting the software to a new api. That's expensive.

    13. Re:Cisco IOS ? by Anonymous Coward · · Score: 1, Funny

      There should be a reward for collecting feet or hands from people like you.

    14. Re:Cisco IOS ? by ZorroIII · · Score: 5, Informative
      In the release notes for the software on the NM-CE card they say:
      GNU General Public License Modules Cisco Cache software, Release 3.0.2 incorporates software licensed under the GNU General Public License. If you would like the source code for any of the modified GPL code in Cisco Cache software, Release 3.0.2, send a request to ce-sw-req@cisco.com
      I sent them a mail some time ago asking for the source of GPL programs, but still havent received an answer. The card is rather interesting, one day I'll try to modify the OS to something that can be used for other stuff aswell.
    15. Re:Cisco IOS ? by Anonymous Coward · · Score: 0

      or some bsd ..
      4x faster ;)

    16. Re:Cisco IOS ? by dglaude · · Score: 2, Interesting

      This is not enough. I want the source code of all the GPL code (modified or not) by Cisco. If they do only provide a patch to a well-known source code, this is not respecting the GPL. Of course since I do not have such a module, I can not complain... but aquiring one just to remind Cisco that they do not understand the GPL and are not respecting the rules would be fun... Cisco and the FSF already discussed some issue in other cards like NAM, IDS, ... At least they have less problem using Windows for running IP telephony solution, Microsoft is less regarding since they don't care about freedom much.

      --
      Don't let the computer/expert control the election. Information for Belgium in french: http://www.poureva.be/
    17. Re:Cisco IOS ? by LinuxOnHal · · Score: 1

      Ok dude...align the rotary girder on the flux capacitor and then port my x86 assemby over to PPC while you're at it.

      Karma's cheap anyway...

      --
      Trying is the First Step to Failing --Homer Simpson
    18. Re:Cisco IOS ? by Anonymous Coward · · Score: 0

      Does this mean Free/Open BSD isn't dead?

    19. Re:Cisco IOS ? by Churchill · · Score: 1

      Their 9216/9500 series SAN switches run Linux. And they run fast. Again, ASICs do the heavy lifting in the box, but still, it runs linux.

      --
      What a life a mess can be.
    20. Re:Cisco IOS ? by CCRancor · · Score: 1

      Wouldn't it be better to collect the heads and servers of spammers instead?

      --
      Open source is the art of letting other people write your bad code.
    21. Re:Cisco IOS ? by Anonymous Coward · · Score: 1, Insightful

      If they are violating the GPL then they are breaking the law!

      Just because a minority of GNU/Linux users who are turned on by 'World domination' want to see GNU/Linux everywhere is no excuse for letting a company get away with breaking the law.

      If my Free Software code was in there, I would be furious.

      They only need to release any modifications they have made to the Free Software used! If they made none, they just have to list the Free Software used and (perhaps) provide links to the developers pages.

      There may be more implications but I'm not an expert on the GPL and the law. I am a user of it.

    22. Re:Cisco IOS ? by SirDrinksAlot · · Score: 1

      Cisco owns Linksys now, there would be no licenseing fees.

      I'm all for ISO on my BEFW11S4 v2, that means i dont have to go out and buy a 2501 to play with :-)

    23. Re:Cisco IOS ? by Geekboy(Wizard) · · Score: 1

      no, dumbass. the license says YOU CAN DO ANYTHING YOU WANT WITH IT. Including making a closed source derivitave. can you not read 5 paragraphs.......n/m, this is slashdot

    24. Re:Cisco IOS ? by dublin · · Score: 1

      Consider the cost of licensing a proprietary OS and porting all your code to it. Weigh that against the cost of putting all the source code on the web.

      Now contrast that with the cost of licensing a truly free OS like one of the BSDs that avoids the entire ugly problem. You've now go the best of both worlds. As a practical matter, any substantial proprietary changes to the BSDs tend to turn up in the codebase sooner or later, since the cost and complexity of maintaining them in parallel becomes too great. More info can be found at
      Why you should use a BSD-style license.

      Really, BSD-style licenses are the only sane option for embedded developers, especially with the legal cloud that will surround Linux for the next several years due to the SCO suit, which is likely only the first of many. (I'm pretty darn sure Sun could show hundreds of examples of outright code theft in Linux if it had a mind to.)

      BSD offers all the benefits, and none of the downside, especially since it's already been through the legal meat-grinder and come out with an official stamp of approval that it does NOT contain any purloined code. That's worth what - maybe a billion dollars?

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    25. Re:Cisco IOS ? by arkanes · · Score: 1
      BSD (and, honestly, any other project) are just as vulnerable - BSD got a clean bill of health a long time ago If you're using 1.4(t?) still, then you're fine.

      People choose the GPL over the BSDL generally on philosophical grounds - that's not really something you can argue with someone about. People like to be rewarded for thier work, and most people find alot more satisfaction in the GPL instead of the BSDL.

      On the other hand, companies wanting to develop commercial products (obviously) tend toward the BDL. Linux has enough mindshare and marketshare (and, perhaps, enough technical merit. I'm not an OS internals expert, I can't speak for this) for companies to choose it over BSD.

  2. GPL by krisp · · Score: 0, Informative

    Tivo uses linux and has not released source code either. However, the GPL is in the appendix of the manual. Linksys can do something similar and be in compliance.

    1. Re:GPL by psychosis · · Score: 5, Informative
    2. Re:GPL by FattMattP · · Score: 2, Informative
      Tivo uses linux and has not released source code either.
      Yes they have.
      However, the GPL is in the appendix of the manual.
      With the source code notice and URL on the page right before it.
      --
      Prevent email address forgery. Publish SPF records for y
    3. Re:GPL by Anonymous Coward · · Score: 0

      Wrong.

      http://www.tivo.com/linux/index.html

    4. Re:GPL by Anonymous Coward · · Score: 0

      Tivo has not released ALL of their source code, but here is some:

      http://www.tivo.com/linux/index.html

      I like Tivo. They play nice.

    5. Re:GPL by PhuCknuT · · Score: 5, Informative

      And I'm sure you know this, but they are not required to release all of their source code, only the code for gpl parts of tivo. Just because the OS is linux doesn't mean they have to release code for everything running on it.

    6. Re:GPL by Cramer · · Score: 4, Informative

      To be accurate, TiVo has not (and never will) released the source to the non-GPL'd stuff that makes the Tivo what it is... the kernel modules and "tivoapp". The source to all the GPL components and the entire linux kernel running on the tivo are available.

    7. Re:GPL by Anonymous Coward · · Score: 0

      Microsoft has done thier job well.

    8. Re:GPL by Anonymous Coward · · Score: 0
      FALSE! (You managed to provide incorrect information
      of a very basic nature, as correction to others. Bravo!)


      The linux kernel comes with the system, as such
      and it your non-gpl program if it does not
      interface with non-system (gpl) libraries is not
      considered derivative work.


      I also note your enthusiasm claiming thatLinux is dying.
      WHO CARES! If companies (and your) don't want to use Linux, I don't
      particularly care. But I do care about my work
      being raped through the BSD license ripoff. No,
      Sir, I am not releasing anything under the BSD license.

    9. Re:GPL by LiquidCoooled · · Score: 1

      Whoa giddy.
      Do you mean that if I wanted to port my windows program over to linux I would have to GPL it?
      I always thought linux was freedom of choice?

      --
      liqbase :: faster than paper
  3. I'm not sure by CAIMLAS · · Score: 4, Insightful

    I'm not sure whether this is just as damaging to Open Source as the SCO thing had the potential of being, or not. On one hand, it might deter use of linux at all, and on the other it'll just be a general 'bad business practice to use linux in our commericial products' type stigma.

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    1. Re:I'm not sure by Alain+Williams · · Score: 5, Funny

      Not at all -- it just gives SCO another company to sue!

    2. Re:I'm not sure by tomstdenis · · Score: 0, Redundant

      Shhh.

      RMS wants his cookie. The fact that it's not particularly good for him is something he doesn't care to acknowledge.

      This is why people should use my TDCAL license I've applied to LibTomCrypt and LibTomMath. Basically you may use my libraries for whatever you want including commercial redistribution, without having to please the author [e.g. release source, send money, etc...]

      http://libtomcrypt.org

      This sort of license permits all sorts of users to use my libraries. And yes, I do get feedback from commercial developers. They occasionally send in bug reports/suggestions that help the library.

      So in a nutshell I release code that people like, they help me [occasionally] in return and they're not stuck up the ass to use it in their commercial software [like the GPL].

      Tom

      --
      Someday, I'll have a real sig.
    3. Re:I'm not sure by someonehasmyname · · Score: 1

      So how does your license differ from the BSD license?

      --
      Common sense is not so common.
    4. Re:I'm not sure by Anonymous Coward · · Score: 0

      What motivated you to write your own license instead of using the BSD license or the MIT license?

    5. Re:I'm not sure by GigsVT · · Score: 2, Insightful

      I doubt it.

      Software companies license code from other companies all the time. If you come to that conclusion, then the argument is really against using any licensed code at all.

      The GPL is not that difficult to comply with. Compliance is simply the cost of licensing the GPLed code. It's still a hell of a lot cheaper than Linksys licensing some other embedded OS and paying a per-unit royalty.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    6. Re:I'm not sure by tomstdenis · · Score: 1

      Mine is called TDCAL to prove a point. :-)

      Tom

      --
      Someday, I'll have a real sig.
    7. Re:I'm not sure by tomstdenis · · Score: 1

      There is a slight difference.

      Under BSD you may not strip copyright or credit information from the binary/source.

      Under TDCAL you may do that if you wish.

      Tom

      --
      Someday, I'll have a real sig.
    8. Re:I'm not sure by Anonymous Coward · · Score: 0

      His goes to 11.

    9. Re:I'm not sure by be-fan · · Score: 2, Insightful

      RMS has nothing to do with it. The authors of the kernel code are the ones that GPL'ed their code, and intended that others abide by that license. You're perfectly free to license your software how you want, but don't go telling others how to license their software.

      --
      A deep unwavering belief is a sure sign you're missing something...
    10. Re:I'm not sure by Surak · · Score: 2, Insightful

      Actually, contrary to popular belief, it is possible for a GPL software package to be used commercially. Lots of packages are released under a dual licensing arrangement, including Qt and Mozilla.

      As Linus Torvalds said, "He who writes the code picks the license." Why whine about it?

    11. Re:I'm not sure by E_elven · · Score: 1
      Under BSD you may not strip copyright or credit information from the binary/source.

      Under TDCAL you may do that if you wish.
      What does the license make you do, then? Why not just release it into the public domain?
      --
      Marxist evolution is just N generations away!
    12. Re:I'm not sure by Anonymous Coward · · Score: 0

      LOL...good one.

    13. Re:I'm not sure by Anonymous Coward · · Score: 0

      Interesting... who will sue Linksys representing GPL?

      If the license agreement can't be enforced in court, what's to stop big companies from saying "Sue us and if you win we'll comply".

    14. Re:I'm not sure by Anonymous Coward · · Score: 0

      Under BSD you may not strip copyright or credit information from the binary/source.

      Under TDCAL you may do that if you wish.


      Right, so your work is in the Public Domain and you have no rights to it what so ever. Well done. You're not a contact lawyer are you?

    15. Re:I'm not sure by Anonymous Coward · · Score: 0

      Why whine about it?

      Most of the retards who complain are the ones who are too thick to write their own code. They want everyone else to do the work for them but do not want to give anything in return. They are the "Me me me!" generation, born of the 80's attitudes that brought us Reagan and Thatcher. Just ignore them and their whines will die away.

    16. Re:I'm not sure by tomstdenis · · Score: 1

      I'm making a statement. Besides there *are* two restrictions.

      TDCAL software must consist of ENTIRELY TDCAL based source code.

      TDCAL software may not be redistributed as branch under the same name. :-)

      Tom

      --
      Someday, I'll have a real sig.
    17. Re:I'm not sure by AstroDrabb · · Score: 1

      If the GPL is too restrictive, why not release under the LGPL? You can use the LGPL commercially and not have to release ANY source. The only source that would ever be required to be released is the ORIGINAL source IF you modified it. I think other Open Source licenses are good to a point, however they allow too much commercial abuse/greed.

      Take the Linux Kernel. There has been 1,000's of man hours put into development. If that was NOT released under a GPL type license, then any greedy corporation can come along and just steal it. Market it as their product and profit without returning anything back to the original project. What would stop a greedy company like MS from taking it and putting their marketing machine behind it and killing off the original project? They get all the profits with non of the work.

      All things cost something. With the GPL, instead of saying, give me 5,000 USD per developer to use this library or application, the GPL says, use it freely and IF you want to profit off of it, you don't pay with money, you pay with knowledge. I'd prefer a society that transfers knowledge over money any day.

      I think it also comes down to scale. If I put out a small "helper" type library, then I would not care who can use it for whatever purpose. However, if I and a team of developers put many, many hours into a project, I want to ensure that no commercial greed will be able to strip that away.

      I also just feel that the free transfer of knowledge is critical to mankind. We are moving fast toward a world where all knowledge will cost money. While all the wealthy corporations in the USA may love that idea, the rest of the world probably does not. Think about this, the USA makes up ONLY 5% of the worlds population, yet has 50% of the worlds wealth. That means that 95% of the people in the world have to share only 50%, while the small 5% of us Americans get to horde the rest. I think licenses like the GPL, LGPL help the spread of free knowledge which can better ALL mankind and not just the greedy 5% trying to hoard it all.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    18. Re:I'm not sure by tomstdenis · · Score: 1

      No, its not PD, its TDCAL.

      And yes, it was my point to basically give it out entirely for free.

      Don't think for a second that I fell into some loop hole and now I can't extract billions in royalties. I never wrote my libraries to get rich. I wrote them so people can [and they do] use them.

      I apply the TDCAL to not only formally state you can do whatever you want with them but to make a statement that I'm not getting all riled up in a GPL crusade. Commercial developers [re: Sony] seem to love the TDCAL btw. There is already a few project groups at SCEA that use LibTomCrypt for the sole reason that they don't owe me jack-shit.

      Tom

      --
      Someday, I'll have a real sig.
    19. Re:I'm not sure by tomstdenis · · Score: 1

      Mine is also a draft written in about 5 mins to quiet the reams of people asking "What is TDCAL?" :-)

      Before today there was no real "TDCAL License" written down...

      Tom

      --
      Someday, I'll have a real sig.
    20. Re:I'm not sure by cscx · · Score: 1

      Read this statement:

      Finally, I know that traditionally, Linux has allowed binary-only modules.
      However, I was always under the impression that this required that the final
      customer be allowed to remove them at will. That is to say, you couldn't
      choose to implement a portion of the kernel critical to the system's
      operation in a module, and then not release that module under the GPL.


      Now if I understand this correctly, ALL software for your embedded product as a kernel module MUST be released under the GPL? Even if you wrote it yourself, and do not wish to release the source?

      People trash Bill Gates for describing the GPL as "viral," but if there exists any clear example of this, this is surely it.

    21. Re:I'm not sure by Anonymous Coward · · Score: 0

      TDCAL software must consist of ENTIRELY TDCAL based source code.

      Wrong. I take your code, and remove your copyright from it. Now I can do whatever I want.

      TDCAL software may not be redistributed as branch under the same name.

      Also wrong. You don't have a copyright any more, remember?

    22. Re:I'm not sure by Anonymous Coward · · Score: 0

      I apply the TDCAL to not only formally state you can do whatever you want with them but to make a statement that I'm not getting all riled up in a GPL crusade.

      Then the correct course of action, both morally and legally, would have been to place your work in the public domain. By inventing your own completely ineffectual license, you're just making trouble needlessly.

      The GPL is evil and wrong. On this we agree. But inventing your own license for absolutely no reason is also wrong (though not evil in the slightest).

    23. Re:I'm not sure by tomstdenis · · Score: 1

      By "TDCAL Software" I meant software released as TDCAL.

      Yes, you can take TDCAL software, remove the copyright, sell it for a million bucks.

      But if you claim its TDCAL it must follow the TDCAL rules, or I will hunt you down and kill you. Hahaha, kidding. But seriously.

      I'm not lying here. I *intended* for the code to be free for any use [including commercial]. I use the TDCAL license since its essentially legalese free [me being a living-with-parents CS student non-lawyer].

      Tom

      --
      Someday, I'll have a real sig.
    24. Re:I'm not sure by geekee · · Score: 1

      Yes. These type of cases will deter companies from using modified versions of Linux if they don't want to release the source to their competitors. There's a reason why Apple chose BSD over Linux.

      --
      Vote for Pedro
    25. Re:I'm not sure by tomstdenis · · Score: 1

      The TDCAL originally was a single paragraph "license". I only recently [re: today] wrote a formal [whopping 2 pages] document.

      I agree in heinsight I should have used PD but since I've been using TDCAL for almost two years and people know it as such ... why mess with a good thing :-)

      Tom

      --
      Someday, I'll have a real sig.
    26. Re:I'm not sure by ocelotbob · · Score: 1

      Bullshit. This guy's misinterpreting the GPL here, and unfortunately, it gives idiots like you a chance to claim that the GPL's eeevil. IMO, this firmware seems to be little different from a disk image, and thus, claims that the entire thing is GPLed are bullshit. On the same token though, the GPL clearly states that any source-level kernel modules must be placed under the GPL. You've got to follow the terms of licensing if you expect to use GPL software. Now, if/when Linksys coughs up the code and it's shown whether or not they used a binary loader to load the firmware remains to be seen , but by claiming that this mess is caused by the alledgedly viral nature of the GPL is just plain silly.

      --

      Marxism is the opiate of dumbasses

    27. Re:I'm not sure by Omnifarious · · Score: 1

      Why is it bad business? I don't get why it would hurt Linksys to release the source code.

    28. Re:I'm not sure by ShwAsasin · · Score: 1

      Because every other Networking company will have their source code and tradesecrets for free, which could potentially lose revenue if the competition uses their source code.

    29. Re:I'm not sure by Anonymous Coward · · Score: 0

      The GPL takes away the privilege to license it how you want.

      Why? Well (1) All software builds on other software, that is, all software uses libraries, (2) The GPL restricts how you can license code linked against GPL'ed libraries, and (3) Therefore, when you write code your choice is SET, you MUST license your code under the GPL unless you like building very basic functionality (i.e. GUI API in the case of Qt) up from scratch.

      Certainly everyone has a right to license their own code as they wish; however, because there are so many GPL'ed libraries, what sort of software it is possible to distribute WITHOUT placing it under the GPL and without buying proprietary tools for $10000000.... is very very limited.

    30. Re:I'm not sure by Omnifarious · · Score: 2, Insightful

      But, it's not _their_ source code. It's Linux source code. How can it contain anything proprietary and trade secreted? I mean, if they did something really spiffy, they could make it a kernel module or application, and then they wouldn't have to release that part at all.

      This whole 'commercial success depends on not showing people the blueprints' business is a stupid meme that needs to be squashed like the dirty little bug it is.

    31. Re:I'm not sure by Omnifarious · · Score: 1

      Doesn't seem to me to be in the least bit different than the case with standard commercial licensing. You're just upset that the industry is changing business models, and you don't want to go with.

    32. Re:I'm not sure by mysidia · · Score: 3, Informative

      You can use the LGPL commercially and not have to release ANY source. The only source that would ever be required to be released is the ORIGINAL source IF you modified it.

      Not true. If you modified the source code to the library and distribute a binary linked against the modified library, then you must distribute the modified source for the library, see the LGPL:

      4. You may copy and distribute the Library (or a portion or derivative of it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange. ...

      Proprietary programs can be distributed that use a library licensed under the LGPL when the appropriate corresponding version of the library source code is included, but only under certain conditions, and a couple of the most important ones are:

      • The program object code is provided in a way that the user can link it against versions of the library that they have made changes to (ie: either the binary is not statically linked or copies of the proprietary object files and the library object file are included as separate entities that the user can link)
      • The end-user is allowed to modify and reverse-engineer the proprietary program using LGPL code for their own use

      These are notable significant, because most ER, most businesses that would distribute proprietary software have a standard sell-your-soul EULA that almost invariably includes a prohibition against altering the program (ie: cracking, cheating) or reverse-engineering it.

      On the other hand, if your proprietary program is distributed in a pre-compiled form only (the user has to supply the library and do the compile+linking him or herself [after receiving it] to produce their binary that they aren't allowed to distributed)

      Then the GPL probably doesn't even come into the picture at all, as it is the library that is GPL'ed, not your program, so just prohibit binary distribution

      ... And stick with distributions in a not-compiled-yet-but-ready-to-be-compiled-form for all your proprietary software needs [evilgrin], just be sure to use a proprietary programming language having semantics no human could easily understand and a proprietary, patented compiler system :-)

    33. Re:I'm not sure by shaitand · · Score: 1

      The FSF sues people representing the GPL that's who.

    34. Re:I'm not sure by ReaperOfSouls · · Score: 1

      Now if I understand this correctly, ALL software for your embedded product as a kernel module MUST be released under the GPL? Even if you wrote it yourself, and do not wish to release the source?

      You do not understand the kernel then. It has been a long established tradition, that if all of your code is in a module, you have the right to release them under a different license then gpl. A good example of this is the NVIDIA video drivers. Whether it is embedded or not is completely irrelivent.

      By being a module, it inherently implies that the system is functional without the module loaded. If this type of exception was not made, then most vendors of really sophistocated hardware would never release linux drivers, as they believe that this is their core value.

      People trash Bill Gates for describing the GPL as "viral," but if there exists any clear example of this, this is surely it.

      Its only because people like you continue to hand out the fud...:-)

      Additionally, as the note to LKML implies, the person requesting the code does not have a right to it as noted by:

      Also, I should note that I don't own this product, so I can't determine if the source is shipped with it.

      The gpl only obligates you to provide the source code to those who you have licensed the software to. Also they don't have to put it up on a website or ftp site. They can make you go through a request process to validate that you got the binaries through proper channels. Just some food for though.

      --
      Shameless self promotion : The Misadvetures of the in
    35. Re:I'm not sure by cscx · · Score: 1

      Well in that case can't anything be considered "functional" as long as, say, initd has started? Where do you draw the line?

      If this guy doesn't understand the GPL, then why was this posted? ;)

    36. Re:I'm not sure by Anonymous Coward · · Score: 0

      But if you claim its TDCAL it must follow the TDCAL rules, or I will hunt you down and kill you.

      An important point: or what? I take your code and do whatever you say I can't do with it. Then what? You have absolutely no legal recourse, because you no longer hold the copyright to the code. Nobody does. It's effectively in the public domain now.

      So what's the point?

    37. Re:I'm not sure by ReaperOfSouls · · Score: 1

      Well in that case can't anything be considered "functional" as long as, say, initd has started?

      Yes. The system in absence of the driver module would still be a functional system, minus being able to use the device the module was intended for. The kernel has 2 main purposes. The first being the master controler of the system, i.e. memory manager, schedualler etc. The other is to be the userland/hardware go between. The second case can be done through the use of external source code only compiled via the headers, provided by the system.

      If this guy doesn't understand the GPL, then why was this posted? ;)

      This is \., compitence has never been a good replacement for sensationalism.

      --
      Shameless self promotion : The Misadvetures of the in
    38. Re:I'm not sure by Anonymous Coward · · Score: 0

      I agree in heinsight I should have used PD but since I've been using TDCAL for almost two years and people know it as such ... why mess with a good thing :-)

      Because it's not a good thing. If you want to put your work in the public domain, do so. Enough with this silly license stuff. You're not licensing anything. You're giving it away. This is fine and good. Don't dilute the act by wrapping it up in a legal document that, in the end, has absolutely no effect on anyone.

    39. Re:I'm not sure by AstroDrabb · · Score: 1

      Yup, my bad. I meant the ORIGINAL as in the library and not the code that is using the library.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    40. Re:I'm not sure by Zeal17 · · Score: 1

      Why is it bad business? I don't get why it would hurt Linksys to release the source code. It is my guess that Linksys didn't realize what they were getting themselves into, and are not prepared to release the source. If pressure comes on from people like the FSF, they will probably release it and call it good, and life will go on.

      --

      "If it sucks without butter, it still sucks with butter, only creamier." - AC
    41. Re:I'm not sure by mpe · · Score: 1

      If the GPL is too restrictive, why not release under the LGPL?

      Only if it's your code. If what you are supplying is either GPL or a derived work of GPL then either you follow the GPL, negotiate with the copyright holder(s) or take the risk of being caught pirating the software.

    42. Re:I'm not sure by gbjbaanb · · Score: 1

      you obviously don't have a job that depends on a revenue stream for your company.

      When I worked at a telecoms billing software company, our primary customer was South Africa's MTel. They were desperate to do 'joint development', which actualy meant 'give us the source so in a year or two we can change strategy and work in-house'. Sure it would have been illegal, but we'd still have been stuffed.

      commercial success depends on not showing people the blueprints is not stupid, its quite sensible business practise.

    43. Re:I'm not sure by Omnifarious · · Score: 1

      If that company could really develop your billing software better than you could, what reason is there for your company to exist? Seems to me to be a rather parasitic relationship if you're not adding enough value and they're only keeping you around because you hold them by the short hairs of a license.

    44. Re:I'm not sure by TheLink · · Score: 1

      Even if they have all the cards, they often want you to hold em and play em.

      AFAIK in many large orgs (esp Gov), people outsource so they can outsource BLAME.

      You the PHB can do all the stuff in-house, but you get all the blame, so in event something goes wrong you take a lot of heat.

      Whereas in places where it's common to outsource has set in, when something goes wrong, you take some heat, but you blame the consultant etc, and you and the other bosses give each other knowing looks and bad mouth the consultants. And if it's a big screw up, you sack the consultant and hire someone else next time. The screw up has to be amazingly humungous for you to lose your own job.

      Paying someone else to take the bullet is worth every buck. Especially when it's not even your money you're using to cover your butt - it's the company's/gov's.

      Say you're a consultant. When you're around, the customer's techs get to fiddle around with some stuff and blame you for it if it goes wrong. Of course if they are really going to try something totally stupid, you'd voice your objections. But the point is, sometimes you're doing something that in theory should work and is a sane thing to do, but stuff happens...

      Even with open source software, people will still have a need to reduce/control risk exposure.

      --
    45. Re:I'm not sure by gbjbaanb · · Score: 1

      they couldn't develop it better - that's why they wanted the source code.

      Business is never about who can do something better, but who can do it at all.

    46. Re:I'm not sure by Omnifarious · · Score: 1

      What would the point in having the source code be if they couldn't develop it better themselves?

    47. Re:I'm not sure by jedidiah · · Score: 1

      Yes, I am sure that there are just tons of companies large and small just aching to assimilate Apple's version of BSD.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    48. Re:I'm not sure by morgue-ann · · Score: 1

      The GPL *is* viral and a huge pain in the ass for embedded companies if you follow it's spirit (we use MQX, but because it's real time, not because it's not GPL). In my opinion, TiVo is violating the GPL by not releasing source to their applications.

      From term #2 of the GPL (emphasis added):

      In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

      I've asked it before and here I go again: "What the hell is a volume of a storage or distribution medium and what's aggregation?"

      When the (first) GPL was written a "volume of distribution medium" was a tape snail-mailed from the FSF in Boston, or for work-derivers, a tape or maybe as Castle is doing, a floppy.

      I understand that this exception is how binary kernel modules (NVidia) can be distributed in a CD-ROM with the GPL'd Linux kernel, gcc, emacs, etc.

      However, what about vendors who put their code and GPL'd code into a Flash ROM? Even if they aren't statically linked together (1), is this mere aggregation? One can extract a single file from a tape or CD-ROM, but can you un-aggregate a ROM?

      Consider TiVo: is the closed-source application "merely aggregated" with the GPL'd kernel? You can put the hard drive in a PC & un-aggregate, but this violates your warranty and is not as trivial as grabbing a file from a CD-ROM.

      When does "aggregation" end as "volume of storage medium" becomes more deeply embedded? If the ROM is soldered down instead of socketed? If it's inside a microcontroller with the security fuse thrown so it can't be read out?

      (1) (proprietary) bootloader uncompresses kernel image into RAM, then jumps, kernel loads (proprietary) applications from a ROM filesystem

    49. Re:I'm not sure by arkanes · · Score: 1
      "Aggregation" is when your modules are stored together on the same medium. A storage or distribution medium is exactly what it sounds like - this is not an exception, it's a clarification in response to claims that the GPL does stupid things like make everything on your hard drive GPL. Physical proximity has nothing to do with it - remember that the GPL is a COPYRIGHT license. It cares about distribution of and derivitaves of works. A userland module running Linux doesn't have to be GPL (through some trickery that has potential issues but is tolerated because of it's usefullness, you can have a binary driver module through the use of a GPL stubloader. See nVidia). A firmware loader that boots Linux doesn't need to be GPL (whats a BIOS, then?).

      Here's an example - you buy one of the umpty-jillion books that comes with a CD. Say it's a copy of MS Visual Studio, which has a very complicated license. The license for the software on the CD has nothing to do with the lack of license needed for the book, or vice versa. This is despite that fact that the book may be useless without the software and vice versa.

      Un-aggregation is not neccesarily a quality of an aggregate.

  4. Man... by rindeee · · Score: 4, Insightful

    ...think of the number of APs they'd sell based on this fact alone. They obviously should abide by the GPL, but they should also shout it from the hilltops that their AP is Linux based and therefore a hackers delight (and the FCC's nightmare).

    ER

    1. Re:Man... by LooseChanj · · Score: 2, Insightful

      They don't need to, slashdotters'll shout it for them. And to mainly the right people too...

      --
      Mix the failings of Usenet with the shortcomings of the World Wide Web and the result is slashdot.
    2. Re:Man... by MisterFancypants · · Score: 3, Insightful
      ...think of the number of APs they'd sell based on this fact alone. They obviously should abide by the GPL, but they should also shout it from the hilltops that their AP is Linux based and therefore a hackers delight (and the FCC's nightmare).

      Who would you rather have coming after you legally:

      The FSF idealist hippies, with their still unproven (in court) GPL.

      Or..

      The FCC. An organization that is now VERY well regarded by the Bush administration and most big media companies thanks to the new media ownership rules (so you're going to get fucked over by not only the government but the media as well).

      I don't know about you, but to me to choice is clear.

      In fact, this could be a nightmare case for the GPL if it ever went to trial because if the GPL code IS mingled with all of the radio control code -- keeping in mind that it has been previously established that most WiFi hardware is VERY programmable and could potentially be used to listen and broadcast on all sorts of off-limits frequencies -- there could be a real government effort to override any GPL action in this specific case, setting a really bad precedent.

      It'll be interesting to watch, in any case.

    3. Re:Man... by Fluffy+the+Cat · · Score: 4, Insightful

      That's fine. If it's impossible for Linksys to release the source, they just have to stop distributing the code (and suffer potential lawsuits about copyright infringement and the like from anyone who holds the copyright on various parts of the kernel). If the GPL doesn't apply, plain copyright law does.

    4. Re:Man... by Anonymous Coward · · Score: 0

      I don't think the fact that it runs Linux (or any other hackable - in the positive sense - operating system, for that matter) makes much of a difference unless you can actually log in and change things.

    5. Re:Man... by Anonymous Coward · · Score: 0

      If I knew they were running linux on the AP, I sure wouldn't have bought mine.

    6. Re:Man... by shaitand · · Score: 1

      Last I checked anyone can purchase radio equiptment that operates on any frequency, they can also listen to any frequency. It's Actually using said equiptment to broadcast on frequencies your not licensed for that is illegal... it's illegal whether I buy a ham radio and do it without a license or use an access point... so since the hardware to broadcast on frequencies I can't legally broadcast on is already legal for me to purchase... why would it matter if access points are capable of doing this?

  5. Does it matter ? by DumbMarketingGuy · · Score: 3, Interesting

    The GPL has no real valid legal meaning until it has been tested in a court of law. I think the fact that no GPL violation case has ever made it into a courtroom speaks volumes!

    1. Re:Does it matter ? by blackcat++ · · Score: 5, Insightful

      The GPL has no real valid legal meaning until it has been tested in a court of law. I think the fact that no GPL violation case has ever made it into a courtroom speaks volumes!

      Yes it does. It means that until now noone has had the guts to risk a legal confrontation to free themselves from the requirements the GPL imposes.

      And even if the GPL has no valid legal meaning, what remains? Standard copyright law. So without the GPL you don't even have the right to download the source, let alone modify and republish it!

    2. Re:Does it matter ? by DumbMarketingGuy · · Score: 0
      It means that until now noone has had the guts to risk a legal confrontation to free themselves from the requirements the GPL imposes


      That would be one interpretation. Another interpretation would be that since it carries no legal weight whatsoever, why waste money on lawyers to find out what we already know, i.e. that the GPL in its current form is UNENFORCABLE.

    3. Re:Does it matter ? by Anonymous Coward · · Score: 0

      And even if the GPL has no valid legal meaning, what remains? Standard copyright law.

      This is an oft-repeated falsehood. You can't have it both ways. You can't both give your work to anybody and everybody under terms that allow them (in fact REQUIRE them) to redistribute your work and yet still claim to hold an exclusive copyright on it. It just doesn't work like that.

    4. Re:Does it matter ? by Anonymous Coward · · Score: 0

      Yes it does. It means that until now noone [no one] has had the guts to risk a legal confrontation...

      ...because if they do they'll have a mad mass of linux freaks humping them in the ass.

    5. Re:Does it matter ? by jonabbey · · Score: 4, Informative

      That's silly, and wrong. The GPL is an affirmative grant of rights, providing you comply with its terms. If you don't want to comply with its terms, no problem, you just don't have any rights to copy someone else's stuff. That prohibition on copying someone else's stuff isn't a consequence of the GPL, it's a consequence of copyright law in this country.

      The only way for the GPL to lose all effectiveness in the way that you imply would be if a court someplace were to rule that the GPL's terms were ridiculously onerous, and that by handing it out to everyone for public download without requiring a click-through license, the stuff had effectively been placed in the public domain.

      This is about as likely as a court someplace declaring that Microsoft's software was licensed with unduly onerous terms, and that their stuff was therefore public domain as well.

      I.e., not likely at all. I don't think copyright is like trademark law, where if you don't take steps to protect your mark, you can lose it.

      IANAL, but the guy who drafted the GPL is.

    6. Re:Does it matter ? by Courageous · · Score: 1

      the GPL in its current form is UNENFORCABLE.

      Very well, then. Since you say the license is unenforceable, you admit that you have no legal license to this copyrighted work? LOL.

      C//

    7. Re:Does it matter ? by jonabbey · · Score: 1

      Note especially this link on his page..

      Enforcing the GPL, part I

    8. Re:Does it matter ? by Courageous · · Score: 3, Interesting

      ...the stuff had effectively been placed in the public domain.

      IIRC, that can't really happen accidentally. About the only way something of significance can enter the public domain, sans copyright expiration, is an explicit statement of the legal copyright holder to that effect. i.e., "this work is entered into the public domain."

      C//

    9. Re:Does it matter ? by mav[LAG] · · Score: 1

      This is an oft-repeated falsehood. You can't have it both ways.

      Nice troll AC, to which the answer is: bullshit, the whole frigging point of the GPL is that it works exactly like that.

      You can't both give your work to anybody and everybody under terms that allow them (in fact REQUIRE them) to redistribute your work and yet still claim to hold an exclusive copyright on it.

      The GPL does not REQUIRE you to redistribute your work at all. You are perfectly welcome to incorporate GPLed code into any product you want. If and only if you want to redistribute the code or a derivative of it does the license kick in. And yes you can have it both ways. If it's my code, I can license it how I want. I can either charge millions of dollars to any development team who wants a copy (see these guys for a good example) or I can release the code under a share and share alike license (again something that the same guys have done) or I can choose something in between. None of these choices in any way changes the fact that I was the creator of the work and hence by the Berne Convention have the copyright.

      --
      --- Hot Shot City is particularly good.
    10. Re:Does it matter ? by be-fan · · Score: 1

      Yes it does. When you distribute a work, you're distributing only a license to use that work. You still hold the exclusive copyright to that work. The GPL merely defines terms and conditions for the redistribution of the work and the propogation of the license. Even if the GPL is struck down (which is pretty much an impossibility, because it calls into question software licensing in general) then the only thing that happens is that everybody's license to use it gets revoked. Your ownership of the exclusive copyright is never at stake at any time.

      --
      A deep unwavering belief is a sure sign you're missing something...
    11. Re:Does it matter ? by Anonymous Coward · · Score: 0

      Did you just use 'LOL' in a post? I think you're looking for AOL.

    12. Re:Does it matter ? by Anonymous Coward · · Score: 0

      Interesting, but the fact still remains...

      If a big company decides to violate the license, who will (pay, will you?) take them to court to enforce their license and/or sue for damages?

      The problem is, if no one representing the GPL steps up to the plate in court, big companies can violate it all they want and who will enforce the license?

      If no one can fight in court to enforce the license, the GPL is actually a piece of toilet paper that big companies can wipe their attorney's asses with whenever they feel like it.

    13. Re:Does it matter ? by Anonymous Coward · · Score: 0

      the whole frigging point of the GPL is that it works exactly like that.

      The whole frigging point of the GPL is that the people who advocate its use WISH it worked like that. It doesn't, though.

      The GPL does not REQUIRE you to redistribute your work at all.

      Yes it does. It requires you to redistribute the original source code as written by somebody else when you ship your product. This is 180Â counter to copyright law, which expressly prohibits you from redistributing any works without express permission. So when you release something under the GPL, you are telling the protections provided by copyright law to take a flying leap.

      If it's my code, I can license it how I want.

      That's right. But once you have, you can't back up and claim that you didn't.

      I can release the code under a share and share alike license

      Heh. That's a nice turn of phrase. A more accurate description of the GPL is "share, goddammit!"

      None of these choices in any way changes the fact that I was the creator of the work and hence by the Berne Convention have the copyright.

      If you carry out an explicit act that effectively removes the protections provided by copyright law, your copyright goes away. Look it up.

      (This is different from trademark law, for those of you out there who are confused by this. With a trademark, if you don't ACTIVELY DEFEND your rights, they go away. With copyright, if you ACTIVELY WAIVE your rights, they go away. Releasing code under the GPL, which does not merely permit but actually REQUIRES people to make copies of your work, results in the waiving of your copyright. In other words, code that's licensed under the GPL is EFFECTIVELY in the public domain, and the only thing keeping it from being LEGALLY in the public domain is a court decision.)

    14. Re:Does it matter ? by Anonymous Coward · · Score: 0

      When you distribute a work, you're distributing only a license to use that work. You still hold the exclusive copyright to that work.

      Unless you actively waive that copyright. And releasing a work under terms that not merely permit but actually REQUIRE somebody to make copies of your work eliminates any protection that copyright might have given you. Therefore, releasing your work under the GPL constitutes an effective and overt waiver of your copyright.

      Even if the GPL is struck down (which is pretty much an impossibility, because it calls into question software licensing in general)

      Wrong. The GPL is not technically a software license.

      Your ownership of the exclusive copyright is never at stake at any time.

      Your copyright vanishes the instant you put a big sticker on your work that says, "If you take this, you are REQUIRED to distribute copies of it." Poof. Copyright gone.

    15. Re:Does it matter ? by moonbender · · Score: 1

      AFAIK, defending GPL'd software in court is one of the central objectives of the FSF. So there. An (alleged) FSF member has stated above that they are already looking into this issue.

      --
      Switch back to Slashdot's D1 system.
    16. Re:Does it matter ? by be-fan · · Score: 1

      Therefore, releasing your work under the GPL constitutes an effective and overt waiver of your copyright.
      >>>>>>>
      First, nothing in the GPL requires you to make copies. It only requires you to make copies if you're redistributing. Second, your arguement is totally non-sensical. Is Nullsoft totally waiving its copyright protection by releasing Winamp for free? How about all those companies that allow you use software free for non-commercial use? The only way you can waive your copyright is to explicity make a statement to that effect. There is nothing in copyright law about implied transfer of copyright. Heck, copyright law is inherently conservative. If you release a work, its automatically copyrighten unless you place it in the public domain, not the other way around.

      Wrong. The GPL is not technically a software license.
      >>>>>>>>
      What??? Since when? I think you're confusing an EULA and a software license.

      Your copyright vanishes the instant you put a big sticker on your work that says, "If you take this, you are REQUIRED to distribute copies of it." Poof. Copyright gone.
      >>>>>>>
      A) That's wrong. It says, "if you change this or redistribute it you are REQUIRED to distribute copies of it."
      B) That's an entirely non-sensical arguement. What makes you think that distribution has anything to do with transferal of copyright? For example, lots of people distribute flyers for certain organizations. They will sometimes ask you to give copies to your friends. However, the copyright on the flyer or pamplet still belongs to the person or organization that created it!

      --
      A deep unwavering belief is a sure sign you're missing something...
    17. Re:Does it matter ? by Anonymous Coward · · Score: 0

      First, nothing in the GPL requires you to make copies. It only requires you to make copies if you're redistributing.

      It doesn't require it. Except that it does. Okie dokie.

      Second, your arguement is totally non-sensical.

      It's not an argument. It's case law. Look it up.

      Is Nullsoft totally waiving its copyright protection by releasing Winamp for free?

      If they REQUIRE you to distribute copies of the original source code, then yes, they're waiving their copyright to that source code.

      How about all those companies that allow you use software free for non-commercial use?

      Do they require you to distribute copies of the source code?

      The only way you can waive your copyright is to explicity make a statement to that effect.

      Nope. You waive your copyright any time you EFFECTIVELY waive your copyright. It is not necessary for you to be a lawyer to waive your copyright. Heck, you don't even have to know that copyright exists in order to waive it. Any time to take an overt act that effectively removes the protection given to you by law, you have waived your copyright.

      If you release a work, its automatically copyrighten

      Any credibility you might have had just went right out the fuckin window, man. "Copyrighten?" Jesus Christ.

      Since when?

      In order for the GPL to be a license, it would have to be enforceable. If it's not enforceable, it's not a license. Same with a contract. If it's null and void, then it's not a contract.

      It says, "if you change this or redistribute it you are REQUIRED to distribute copies of it."

      Okay. So?

      What makes you think that distribution has anything to do with transferal of copyright?

      It's the part about obligating SOMEBODY ELSE to make COPIES of your own WORK that nullifies your copyright. Under ordinary circumstances, that activity is prohibited. The GPL does not allow it, under limited conditions. Instead, it makes it MANDATORY under ALL circumstances. If you distribute the objects (allowed) you HAVE to distribute the source (normally prohibited by copyright). This means that copyright has no meaning in terms of a work released under the GPL. Effectively, therefore, releasing a work under the GPL is equivalent to putting it in the public domain. After you release a work under the GPL, your claim to a copyright over that work is gone, gone, gone.

    18. Re:Does it matter ? by the+gnat · · Score: 1

      I think the fact that no GPL violation case has ever made it into a courtroom speaks volumes!

      Eben Moglen claims to have successfully enforced it many times over the past decade. The fact that the GPL depends on the existence of copyright means that virtually no company would be willing to go to court to fight it. It's just not considered a good business decision to make a case against intellectual property law. Microsoft can rant against the GPL all it wants, but its statements agaisnt the GPL actually *depend* on it being enforceable - can you seriously imagine Microsoft legally challenging a software license?

      What this really means is that companies which have violated the GPL in the past probably did so casually and without considering the license at all - the fact that the code is freely available online probably leads to a lot of sloppiness. When confronted, they probably folded pretty quickly in the face of obvious violations.

    19. Re:Does it matter ? by Courageous · · Score: 1

      GPL is just a license. Copyright is the LAW. If the license isn't valid, the use of the copyrighted item isn't valid either. Therefore, no lawyer will advise any company to "challenge" the GPL; if they were to do so, their sole basis for legal use of the copyrighted item would evaporate. It would be sort of like creating a lawsuit where one intended in advance to admit to a wrongdoing.

      C//

      p.s. there might be some actual viable challenges to the terms of the GPL license, where ambiguities are alleged, in particular with older licenses; however that's a whole different issue.

    20. Re:Does it matter ? by Idarubicin · · Score: 2, Insightful
      Yes it does. It requires you to redistribute the original source code as written by somebody else when you ship your product. This is 180Â counter to copyright law, which expressly prohibits you from redistributing any works without express permission. So when you release something under the GPL, you are telling the protections provided by copyright law to take a flying leap.

      Hypothetical case: Let us assume that I am an author of a conventional dead-trees and ink book. To keep this simple, I will write, print, and distribute the thing myself. If I sell a copy, the person who receives it has all the information necessary to duplicate that book. The content is all right there. Nevertheless, they are not permitted to photocopy all of the pages, rebind them, and resell them.

      In fact, they are not allowed to do this even if they don't charge for the pages, or if I gave them the original copy for free. Copyright continues to hold. Even if I stood on a downtown street corner giving away thousands of copies for free--for that matter, even if I gave away all the copies, and made no money from the enterprise whatsoever--I would still hold the copyright, and duplication of the books beyond the accepted bounds of fair use would be forbidden.

      Similarly, making code available for download is not the same as actively waiving copyright, any more than giving away a copy of my book gives the receiver the right to duplicate it.

      Releasing code under the GPL, which does not merely permit but actually REQUIRES people to make copies of your work, results in the waiving of your copyright.

      Well, no. Releasing the code under the GPL does not require people to copy and redistribute your work--though this is a common misconception. People who download GPL'd software are welcome to keep it to themselves, use it for their own purposes, and never let it see the light of day again.

      Back to my 'book' analogy. People can do just about anything with my book short of redistributing it. However, if someone wants to reprint my book (perhaps do a run in softcover) or a part thereof (lift a chapter and put it into some sort of collection) they need to approach me for my permission. I must grant them permission to use my copyrighted material in derivative works. Similarly, if someone wishes to use GPL'd code in a derivative work, the GPL provides the terms by which permission to redistribute is granted.

      In other words, the notion that the GPL actively waives one's copyrights is misleading in the extreme. If I release material under the GPL, copyright still rests with me. I may choose to release another version of the program under a new and more restrictive license. The original version is still out there, and there is nothing I can do to recall it--any more than the Encyclopedia Britannica people can insist that libraries buy a new edition every year.

      Disclaimer: I Am Not A Lawyer--but I don't think that you are either.

      --
      ~Idarubicin
    21. Re:Does it matter ? by Idarubicin · · Score: 2, Insightful
      Aside: Are you ever going to log in? I feel like I'm feeding a troll, here. If you're trying to have an intelligent debate, please stop hiding.

      It's the part about obligating SOMEBODY ELSE to make COPIES of your own WORK that nullifies your copyright. Under ordinary circumstances, that activity is prohibited. The GPL does not allow it, under limited conditions. Instead, it makes it MANDATORY under ALL circumstances. If you distribute the objects (allowed) you HAVE to distribute the source (normally prohibited by copyright).

      Well, here's the kernel of the problem. You're distinguishing between the source code and the binaries produced from them. To be blunt, there is no distinction between the two under copyright law. I'm afraid that you've been getting bad legal advice. It is perfectly legal and enforceable to distribute both source and binaries and still retain copyright. Suppose I want to sell electronic voting machines to Florida. Wisely, the state government demands full access to the source code, to ensure that I have not inserted any backdoors. I may provide source and binaries under an appropriate contract without waiving my copyright.

      Further, the GPL does not require indiscriminate redstribution of copyrighted works. I may download GPL'd code, modify it, and sell it for one million dollars to someone. When I do so, I must provide both the binaries and the source code, and supply them under the terms of the GPL. The GPL does not mean that I must make the software available at zero cost, nor does it mean that I must make it available to everyone. It merely specifies the terms under which I may use someone else's copyrighted code. Indeed, it would be perfectly legal for me to enter into an exclusive contract with a buyer that expressly forbids any further sale of my newly minted and properly-GPL'd software.

      In order for the GPL to be a license, it would have to be enforceable. If it's not enforceable, it's not a license. Same with a contract. If it's null and void, then it's not a contract.

      Okay--I see a couple of tautologies about contracts, and an assertion that the GPL is unenforceable? Why is it unenforceable? You insist that a person who publishes under the GPL has waived their copyright--I assert that this is an incorrect interpretation. I suppose that is where the story ends. If we can't get past this point, there's no point to further discussion. I don't imagine you have consulted a copyright lawyer about the enforceability of the GPL. Note also that the FSF has done so.

      --
      ~Idarubicin
    22. Re:Does it matter ? by Anonymous Coward · · Score: 0

      If no one can fight in court to enforce the license, the GPL is actually a piece of toilet paper that big companies can wipe their attorney's asses with whenever they feel like it.

      No, it's better than toilet paper in that it companies could tell it to make money without having to pay for it.

    23. Re:Does it matter ? by ProtonMotiveForce · · Score: 1

      Sorry. The GPL is a EULA whether you like it or not - you either can make someone agree to a licenses by "reading", "clicking", or "using" something (implicitly) or you can't. Which is it?

      The GPL is crap, and I wish people would stop using it. Either give your software away or don't, but quit being a hippy-ass anti-corporate dimwit about it.

    24. Re:Does it matter ? by TC+(WC) · · Score: 1

      This is 180Â counter to copyright law, which expressly prohibits you from redistributing any works without express permission. So when you release something under the GPL, you are telling the protections provided by copyright law to take a flying leap.

      So your point is that giving express permission to redistribute under a given set of conditions is flying in the face of copyright law because copyright law allows the copyright holder to control distribution by requiring third parties to have express permission to redistribute! Wonderful point!

      Wait...

    25. Re:Does it matter ? by mysidia · · Score: 1

      The GPL is not a EULA. It is more like a Distribution License.

      While GPL software (if interactive) advertises that fact, there's never a place in general where you have to "click accept" for the simple fact that "use" is not controlled.
      You are free to obtain GPL'ed software and reject the GPL.

      Even then, you are free to use the software, just as you can fairly utilize any work you've legally obtained, and everything's just fine, and the world is happy, just as long as you don't attempt to re-distribute or write software based on or using your GPL'ed code.

      Reproduction and distribution are the only activities the GPL controls, it cannot be considered an End-User License Agreement because
      it does not control ordinary use of the application by the End-User, even if some depraved corporation does some day make a "click accept" dialog box bearing the GPL.

    26. Re:Does it matter ? by mysidia · · Score: 1

      No. The GPL restricts distribution of your work.

      • If you distribute the work, then you must distribute or offer to distribute the source code; in other words: "You can't distribute just the binary" Otherwise you aren't required or even allowed to distribute the work.

        This doesn't require you to distribute the work, but it allows you to, and it specifies a restriction that you must distribute a certain part of the work called the corresponding machine-readable source code if you also distribute some other part of the work called the compiled form, i.e. object code or assembler output.

        If I write a book, then I can certainly make a license "You can copy and redistribute this, but only if you redistribute the whole document in its entirety (front to back) and clearly mark any changes you've made," or "You can copy and distribute a PDF of this document provided you include a corresponding version of the ASCII text?" Right?

      • Any distribution of the work must be licensed under the terms of the GPL.

      • There are other restrictions imposed by the GPL too, for example, when a program distributed under the GPL is run interactively it has to display an appropriate copyright notice, and there's a requirement that you put notices on files that you change.

        The GPL allows for free access to program source; the kind of access you have to the program binary, but certainly does not let you do the sort of things you can do with software under the BSD-license, and it is absolutely not the same as a public-domain free ticket to do whatever you like with it.

    27. Re:Does it matter ? by Anonymous Coward · · Score: 0

      The GPL isn't crap, nor are its users "hippy-ass" as you might call it. The idea is that you can allow people to use it for non-business purposes. If a business wants to make a profit off from it, then they have to either talk to you and get (perhaps purchase) an alternate license which allows distribution outside of the GPL's terms, or give back via source code. Makes perfect sense to me, and there are loads of closed-source products which create output (i.e. screensaver generators) that can only be sold with a more expensive license.

      In a very real way, the GPL allows authors to be compensated for their work. That's the difference between GPL and "Communism". The only entities that do not like the GPL are those who want to make a monetary profit from GPLed code without paying the original authors. Microsoft would be one example, and I suspect we'll find that SCO is another in time .

    28. Re:Does it matter ? by shaitand · · Score: 1

      Where do you get this require redistribution crap? The gpl has specific terms under which you are licensed to modify and distribute the code. It not only does not REQUIRE the code be redistributed but the only time the gpl places any restriction on you is if you want to redistribute the code!

      If you do there are rules regarding doing so, just like with any other copyright holder that licenses it's code for use in another product. In the case of the gpl, the only restriction is that you must provide the source code for the modifications you made to it. Basically, you can use the software we write for free, but you can't piggyback your own code on it without giving us the ability to do the same in turn.

    29. Re:Does it matter ? by shaitand · · Score: 1

      "If they REQUIRE you to distribute copies of the original source code, then yes, they're waiving their copyright to that source code."

      WHAT exactly makes you believe this? Did you one day simply wake up and pull it out your arse? or perhaps someone else woke up one day and pulled it out their arse and told you and thus you believed it?

      Actually, I can write code and require you essentially become my personal sex slave for life AND redistribute it to everyone you meet under the same license... guess what, you have a choice, you can accept this license and have the terms and privilages that go with it, or you can NOT accept the license and NOT have either the term or privilages... and yes I can put these terms up on the web as well as the source code, those are still the terms and they are still binding. I do NOT need to do anything additional to protect my code as secret or secure my copyright, hell I don't even have to register it with the copyright office since it's copyrighted upon creation! These are not trade secrets which must be kept secret... there is nothing about a copyrighted book that is secret after someone buys a copy, but that doesn't mean the copyright is lost. Actually with printed material the terms of the gpl are inherent. Regardless of what terms it's released under simply because you can't hide print.

      "In order for the GPL to be a license, it would have to be enforceable. If it's not enforceable, it's not a license. Same with a contract. If it's null and void, then it's not a contract."

      The gpl is enforceable, tracking violaters can be done as with any other license (you don't psychicly know someone is breaking your terms). After a violator is tracked down they are asked to comply, so far all have. If they do not comply, they can and WILL be sued.

      "It says, "if you change this or redistribute it you are REQUIRED to distribute copies of it.""

      Actually he's incorrect, you can modify and not release the source. Only if you redistribute it WITH modifications (hote you can redistribute it without changing anything and don't have to release source.) That is the ONLY time you have to provide source code, if you make changes directly to the gpl'd code and redistribute it AND the ONLY ones you have to make the source code available to are those you distribute it to.

      Let's give an example, I sell clipart cd's. (Ironically I use an example of something else that gives redistribution rights but retains my copyright.) On the cd's with the clipart I include a copy of The GIMP, that copy has been modified to read the special image format I made up. This could be done with a plug-in thus alleviating any gpl obligation whatsoever, but I'm an idiot and didn't do so. I could distribute the code on the clipart cd's, I could have a secured website that requires you use the serial number of your cd to get the code. Furthermore, I DON'T own the copyright to GIMP now! I DO own the copyright to my modifications, but they worthless without the rest of GIMP which is still owned by those who wrote it before I came along. If I want the rest of gimp to be included with those modifications then I'm required to distribute the code for my modifications, I'm only required to include the gimp code because it's required for my modifications to function. If I didn't use a special format, I could have included gimp without the source. If I'd made support for my format a plug-in then I wouldn't have to release the source for it either.

      "It's the part about obligating SOMEBODY ELSE to make COPIES of your own WORK that nullifies your copyright. Under ordinary circumstances, that activity is prohibited. The GPL does not allow it, under limited conditions. Instead, it makes it MANDATORY under ALL circumstances."

      First as has been stated a thousand times by me and everyone else in response to you, the ALL circumstances is an outright lie. As for allowing you to do things copyright law does not... hmm did you know that copyright law does not allow you download,

    30. Re:Does it matter ? by shaitand · · Score: 1

      "When I do so, I must provide both the binaries and the source code, and supply them under the terms of the GPL"

      One minor and extremely anal correction, you don't even have to provide a binary, just the code.

    31. Re:Does it matter ? by Anonymous Coward · · Score: 0

      Similarly, making code available for download is not the same as actively waiving copyright, any more than giving away a copy of my book gives the receiver the right to duplicate it.

      All true. But you left out the part where you distributed the book under the explicit conditions that everybody who gets a copy is REQUIRED-- not permitted, REQUIRED-- to distribute copies to anybody who asks for one.

      That's the point where your copyright evaporates.

      People who download GPL'd software are welcome to keep it to themselves, use it for their own purposes, and never let it see the light of day again.

      Read the license again, troll. If you make executable objects generated from GPL-licensed source code available, you HAVE to copy and distribute the source code to those objects. You don't have a choice. It's a balls-to-the-wall requirement. Anybody who doesn't gets a Slashdot article entitled "Is FooCorp Violating the GPL?"

      Similarly, if someone wishes to use GPL'd code in a derivative work, the GPL provides the terms by which permission to redistribute is granted.

      Right. And that permission includes an OBLIGATION to copy and redistribute the original work, an act which is EXPRESSLY PROHIBITED by copyright law.

      Ergo, the GPL is a waiver of copyright protection.

      If I release material under the GPL, copyright still rests with me.

      Nope. The instant you release your work under the GPL or a similar license that includes the "must copy" provision, you are saying, "I no longer wish to control who can and cannot copy my work. In fact, I make it a requirement that all consumers of my work also distribute my work, and (even worse) that those to whom the consumers distribute my work also be bound by this provision." This is an effective rejection of the protection of copyright law. When you say that you no longer want your work to be protected by copyright, poof. It isn't.

    32. Re:Does it matter ? by Anonymous Coward · · Score: 0

      So your point is that giving express permission to redistribute under a given set of conditions

      Bzzt. That's not what the GPL does. The GPL says that anybody who takes a copy of your work is REQUIRED to distribute a copy of your work INDISCRIMINATELY to ANYBODY who asks for it. This is the EXACT OPPOSITE of the protection that copyright gives you. Ergo, the GPL is a rejection of copyright, which means GPL-licensed software is in the public domain.

    33. Re:Does it matter ? by Idarubicin · · Score: 1

      The nitpick is appreciated--and appropriate, since I'm discussing points of law and contract details. You are quite right. Mea culpa.

      --
      ~Idarubicin
    34. Re:Does it matter ? by Anonymous Coward · · Score: 0

      Aside: Are you ever going to log in?

      No. The Slashdot karma game holds no interest for me. I do not participate in it. If you don't want to exchange posts with me, then stop.

      You're distinguishing between the source code and the binaries produced from them. To be blunt, there is no distinction between the two under copyright law.

      Wrong. Executable software objects generated from source code are derived works under copyright law.

      It is perfectly legal and enforceable to distribute both source and binaries and still retain copyright.

      Yes. Yes, it is. But when you distribute any work, original or derived, also with a written notice that says, "This work is no longer protected by copyright," your copyright to that work disappears.

      Even if you don't use exactly those words.

      Further, the GPL does not require indiscriminate redstribution of copyrighted works.

      Yes, it does. Go read it again. If you distribute derived works, you have to distribute the original source code from which they were generated. Not only that, but you have to do it at no cost for anybody who asks for it.

      The GPL does not mean that I must make the software available at zero cost

      The GPL says exactly that. It says that you have to give a machine-readable copy of the source code to anybody who asks for it for no cost. Read it again.

      It merely specifies the terms under which I may use someone else's copyrighted code.

      No. It says that the recipient of the work is required to do something that copyright law expressly prohibits, and extends that proviso to individuals not party to the original licensing agreement. (The oft-cited "viral" nature of the license.) Therefore, the GPL is a statement that effectively removes the legal protection of copyright from the work. It is the equivalent of saying, "This work is no longer protected by copyright." It is a waiver.

      Indeed, it would be perfectly legal for me to enter into an exclusive contract with a buyer that expressly forbids any further sale of my newly minted and properly-GPL'd software.

      No, that contract would not be legal. You cannot hold as a condition of a contract that one party or another sign away any of his or her legally recognized rights. If the GPL is a valid license, then it would not be lawful for you to require someone to sign away their rights as granted under that license as a condition of a subsequent contract.

      Of course, if the GPL is NOT a valid license, the whole discussion is moot.

      Why is it unenforceable?

      Because it attempts to hold outside parties liable to the terms of the license. If you give me a copy of a work under the terms of the GPL, I am strictly restricted in what I can and can't do. This is fine and good. But if I then sell my license to someone else, a GPL advocate would say that that party is also bound by the terms of the GPL. That's not lawful.

      Ergo, the GPL is unenforceable.

      You insist that a person who publishes under the GPL has waived their copyright--I assert that this is an incorrect interpretation.

      Assert all you like. I'm afraid I'm right on this point, and you're wrong.

      I don't imagine you have consulted a copyright lawyer about the enforceability of the GPL.

      Indeed my company retained a firm in 1999 to do just that. Fortunately we got the necessary information up front: the GPL is completely unenforceable, and GPL-licensed works are actually in the public domain. We have since incorporated GPL-licensed code in our flagship product with a clear conscience. Because we've been successful at keeping this out of the public eye, we haven't been subjected to a "Is FooCorp Violating the GPL?" article on Slashdot yet. When we are (we feel it's inevitable, kind of like getting pick-pocketed; if you live in the city, sooner or later you're going to get your pocket picked), we've got an affirmative defense all prepared and ready to go. The briefs and motions are sitting in our lawyer's filing cabinet waiting to have the name of the plaintiff filled in.

    35. Re:Does it matter ? by Anonymous Coward · · Score: 0

      If you distribute the work, then you must distribute or offer to distribute the source code

      Right. That's an act that's expressly prohibited by copyright law. Ergo, the GPL is an effective waiver of copyright protection. Ergo, any work licensed under the GPL is actually in the public domain, legally speaking.

      This doesn't require you to distribute the work, but it allows you to

      Um. Dude, you just got through saying that the GPL requires you to redistribute copies of the work.

      If I write a book, then I can certainly make a license "You can copy and redistribute this, but only if you redistribute the whole document in its entirety (front to back) and clearly mark any changes you've made," or "You can copy and distribute a PDF of this document provided you include a corresponding version of the ASCII text?" Right?

      Right. But you cannot then go back and claim a copyright to the contents of the book. If you carry out an overt act in contravention of your own copyright, then that copyright ceases to exist. This is basic copyright case law.

      The GPL allows for free access to program source

      That's stretching the point so far it threatens credibility. The GPL does not allow; it attempts to prohibit.

      and it is absolutely not the same as a public-domain free ticket to do whatever you like with it.

      Afraid it is. Because works licensed under the GPL are no longer protected by copyright.

    36. Re:Does it matter ? by asdfghjklqwertyuiop · · Score: 1

      The GPL is a EULA whether you like it or not

      No it isn't. End User License Agreements are meant to apply to End Users, who don't have the right to redistrubite the software due to copyright. End Users can use GPLed software without accepting the terms of the GPL, because the GPL only applies to redistribution, nothing to do with Usage. So, it is not an End User License Agreement because it does not apply to End Users.

      GPLed software is copyrighted, meaning only the copyright holder can make copies (except fair use copies). But, the copyright holder of a GPLed work is willing to grant you the right to make copies of your own if you agree to do it by the terms of the GPL. If you don't agree to it, then just go right on ahead using the software however you like to the extent of the law.

      Now compare that to commercial EULAs.

    37. Re:Does it matter ? by Anonymous Coward · · Score: 0

      WHAT exactly makes you believe this?

      Case law. Look it up. Start with Bell v. Combined Registry and go forward from there.

      Didn't read the rest of your post. Too much ignorance. Made my head hurt.

    38. Re:Does it matter ? by Anonymous Coward · · Score: 0

      Where do you get this require redistribution crap?

      From the GPL. Try reading it sometime.

      It not only does not REQUIRE the code be redistributed but the only time the gpl places any restriction on you is if you want to redistribute the code!

      That's a pretty much line-for-line recitation of the FSF's nonsense, but that doesn't make it true. The GPL says that if you take and use the source, you have to make the source code available to anybody who wants it at no cost. It's right there in black and white. Making copies of source code is expressly prohibited by law; it's a right that only the copyright holder has. The GPL doesn't allow you to make copies. It requires that you make copies. It obligates you to distribute the source code, code which is (ostensibly) protected by copyright. This is, in effect, a complete waiver of the protection extended by copyright. And case law tells us that an effective waiver of copyright protection nullifies the author's claim to copyright protection.

      If you do there are rules regarding doing so, just like with any other copyright holder that licenses it's code for use in another product.

      No, dammit. NOT "just like with any other." License restrict use in ways that extend above and beyond the protection offered by copyright. The GPL throws copyright out the window and says that you are not only allowed to do what the law says you're not allowed to do, but that you are REQUIRED to do what the law says you're not allowed to do. At that point, copyright goes away.

      You can't place something in the public domain and then retract it again. For precisely the same reason, you can't put something under the terms of the GPL and then go back and claim that the right to copy is exclusive again.

      Basically, you can use the software we write for free, but you can't piggyback your own code on it without giving us the ability to do the same in turn.

      If that's what the license said, then you might have a point. But it's not, and therefore you don't. If the license were, say, the APSL, which says all modifications have to be submitted back to Apple, then you'd be on solid ground. But the GPL says that all code must be distributed to ANYBODY WHO ASKS FOR IT. That's the OPPOSITE of copyright, which means the GPL effectively waives copyright, which means (according to case law) that the GPL legally waives copyright.

    39. Re:Does it matter ? by TC+(WC) · · Score: 1

      Wow, what the hell are you talking about? The GPL governs redistribution rights. If you just want to use and modify the damned program yourself you don't need to do anything at all for anyone else. It does, however, give you the express right to redistribute the software or a modified version of the software, a right you wouldn't otherwise have, if you distribute the source code to it as well. It doesn't require you to redistribute anything. I can recieve the program, modify it as much as I want and not give it to anyone at all.

      The GPL also doesn't say you have to distribute software to anyone who wants it. You can give it to anyone you wish, and not give it to anyone you wish. You can limit your own distribution as much as you want. The only stipulation is that if you distribute the software to someone, the source code needs to be made available through some means to them as well. These people also receive the same distribution rights you had.

    40. Re:Does it matter ? by Anonymous Coward · · Score: 0

      The GPL governs redistribution rights.

      Not exactly. Close, but not exactly. What the GPL does is it makes it mandatory for persons other than the copyright holder to redistribute the work indiscriminately. This is exactly the opposite of what copyright law does. Copyright law says that no one other than the copyright holder is allowed to distribute the work to anyone. The GPL says that everyone who uses the work is required to distribute it to everyone. Ergo, the GPL effectively nullifies copyright, which according to case law is the same as legally nullifying copyright.

      Once a work has been placed under the GPL and distributed, the author of that work cannot claim to have a copyright to that work.

      It does, however, give you the express right to redistribute the software or a modified version of the software, a right you wouldn't otherwise have, if you distribute the source code to it as well.

      That's the FSF party line, but it's not actually what the GPL does in practical terms. See above.

      The GPL also doesn't say you have to distribute software to anyone who wants it.

      Go read it again. The GPL says that you have to give a machine-readable copy of the source code to anybody who asks for it at no cost.

      These people also receive the same distribution rights you had.

      Which is the reason the GPL is unenforceable, and therefore null and void. It attempts to apply its own restrictions to third parties, in contravention of the doctrine of first sale. Once the author has sold a copy of his work, he has no say whatsoever in what terms apply when that copy is sold again. So the GPL is not a lawful license.

    41. Re:Does it matter ? by TC+(WC) · · Score: 1
      Not exactly. Close, but not exactly. What the GPL does is it makes it mandatory for persons other than the copyright holder to redistribute the work indiscriminately. [...] The GPL says that everyone who uses the work is required to distribute it to everyone.

      Bullshit, I'll quote:

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

      a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)


      If you pick (a) then you distribute the source with the binaries. You don't have to give out source in any other situations. If you decide to go with option (b), you need to distribute to anyone at all that asks. That's your problem. You have options.

      Either way, neither of these stipulations violates copyright as they both grant the ability to copy given that you follow various procedures. You still don't need to even distribute at all, in which case none of this is even a problem.

      This is exactly the opposite of what copyright law does. Copyright law says that no one other than the copyright holder is allowed to distribute the work to anyone.

      No it doesn't. It gives the right to determine who can make copies and under what circumstance to the holder of the copyright. If what you were saying were true, I wouldn't be able to do things like contract distribution rights for a computer program out to different distribution companies. They aren't the copyright holder, so they can't distribute the work!

      Copyright gives the creator the ability to control the copying of his work, it doesn't limit him to being the only distributor.


      Go read it again. The GPL says that you have to give a machine-readable copy of the source code to anybody who asks for it at no cost.


      No, it says that you need to give a machine-readable copy of the source to anyone that asks with the maximum charge being the cost of distribution (not at no cost) if you decide to not distribute the source code with the binaries you've distributed.

      Which is the reason the GPL is unenforceable, and therefore null and void. It attempts to apply its own restrictions to third parties, in contravention of the doctrine of first sale. Once the author has sold a copy of his work, he has no say whatsoever in what terms apply when that copy is sold again. So the GPL is not a lawful license.

      Distributing isn't resale. If I resell a GPLed piece of software, it will still be under the GPL. You could resell a GPLed piece of software if you wanted, but that doesn't gain you anything more than redistributing a different copy would. Both the copy and the original that you had would be under the GPL. No restrictions at all, over normal copyright, even exist. If you aren't distributing, which isn't allowed under copyright without permission, you don't need to do anything special.

    42. Re:Does it matter ? by Alsee · · Score: 1

      About the only way something of significance can enter the public domain

      It can also effectively happen by court order if the court finds that copyright protection has been "abused". I think the standards for "abuse" are quite high though. You have to be abusing copyright protection to achieve an illegal goal and really piss the court off. I think the Microsoft anti-trust case actually did this to a small extent, but during the case there was speculation that Microsoft would lose copyright on large quantities of code.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    43. Re:Does it matter ? by Anonymous Coward · · Score: 0

      As noted previously: the GPL LIMITS your right to redistribute: it does not contravene copyright. It conveys parts of the author's exclusive rights in the form of a limited right to copy and redistribute, and it does not convey certain rights, for example: it does not convey the right to distribute the copyrighted software in binary form when the corresponding source code is not also distributed.

      The GPL is a software license that must be agreed to in its entirety for any requirements or rights to exist under it, it is a contract between copyright holder(s) and recipients of software:

      Copyright is not waived by GPL, because: [1] it provides only limited right to copy and distribute, the copyright holder(s) retain certain exclusive rights, and [2] the rights under the GPL are revokable: any attempt to copy/modify/sublicense outside the terms of the GPL automatically voids all rights under the license.

      The requirement in the GPL that you distribute the source code under the terms of the GPL doesn't convey the right to distribute the source code, and if you don't have the right to distribute the source code as source code under the terms of the GPL, then you don't have the right to distribute the binary program either.

      If the copyright holder will allow users of his software to distribute it, then that's his/her right.

      It's also his/her right to allow it but put limits upon it, such as requiring that certain parts of the work be part of any distribution (ie: bundling), and that if the work is modified, certain parts are consistent with others, etc.

      If an author has a right, then he/she can convey parts of it however he/she darn well pleases

    44. Re:Does it matter ? by Anonymous Coward · · Score: 0

      Either way, neither of these stipulations violates copyright as they both grant the ability to copy given that you follow various procedures.

      Wrong. They don't grant anything. They REQUIRE the licensee to do an act which is ILLEGAL under copyright law, and therefore this license is incompatible with copyright.

      Look, you can have it one way or the other. You can either keep your copyright and agree that the GPL is an invalid license (after all, a license that requires the licensee to violate the law is not a valid license) or you can keep your license and give up your copyright. You can't have it both ways.

      They aren't the copyright holder, so they can't distribute the work!

      They can distribute the work with express permission. The GPL grants no permissions. It merely imposes restrictions.

      Distributing isn't resale.

      Yes, it is. It's sale for the price of zero dollars.

      If you aren't distributing, which isn't allowed under copyright without permission, you don't need to do anything special.

      Your ignorance of the very thing you're trying to defend astounds me. But that's okay, because the GPL isn't worth the paper it's printed on anyway. It's completely unenforceable, as everyone knows.

    45. Re:Does it matter ? by Courageous · · Score: 1

      Correct. Copyright is handed to copyright owners on the grounds that it is done so on the behalf of serving a public interest. Too bad this basis in philosophy isn't observed more often.

      C//

    46. Re:Does it matter ? by Alsee · · Score: 1

      everybody who gets a copy is REQUIRED-- not permitted, REQUIRED-- to distribute copies to anybody who asks for one.

      You are wrong on two points here. First of all there is no requirement to give a copy to "anyone who asks for one". The requirement is that if you give an EXE to someone then you are required to offer THEM the source. That is a far cry from "anyone". It only applies to people you have chosen to give the EXE to.

      Secondly the GPL only applies if YOU CHOOSE to use it. You can receive a GPL program and use it all you like without agreeing to the GPL. If you don't agree then you are not required to do anything. Not only are you NOT REQUIRED to distribute anything, you are legally PROHIBITED from distributing anything. That's ordinaty copyright law. You con't distribute without permission.

      People who download GPL'd software are welcome to keep it to themselves, use it for their own purposes, and never let it see the light of day again.
      Read the license again, troll. If you make executable objects generated from GPL-licensed source code available, you HAVE to copy and distribute the source code to those objects.


      You are also right, but read the the parent poster comment again, he was completely right too. The two statements are not in conflict, your comment was not a ratrional reply to what he said.

      He said use can use GPL code and KEEP IT TO YOURSELF. In that case you are not obligated to do anything. You on the otherhand talk about if you distribute EXE's. YOU HAVE NO RIGHT to distribute EXE's withut permission from the author. If you want to do that, ask him for a licence. Or you can agree to the handy-dandy GPL licence that's included. It grants you permission to distribute that EXE for FREE under certain conditions.

      Your choice. (1) Contact the author to buy a licence to the code. (2) Agree to the conditions of the GPL licence that was made available with the code. Or (3) it's illegal for you to distribute that EXE.

      Ergo, the GPL is a waiver of copyright protection.

      No, the GPL is just like any copyright licence to distribute. Every copyright licence places obligations that must be met in order to distribute. Most ask for cash. The GPL obligation is that if you distribute you must distribute it completely. That actually isn't very unusual, I'm sure some book and movie licences contain clauses that if you distribute you can't distribute incomplete versions. The author is saying the source is a required element of any distributed package.

      you are saying, "I no longer wish to control who can and cannot copy my work.

      Nonsense. You are you are stating you wish exactly that control. Anyone who does not choose to "pay your price" is prohibited from distributing. You only have to pay that price if you want to distribute someone else's work. Your choice. If you don't like it then don't distribute it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    47. Re:Does it matter ? by Alsee · · Score: 1

      They REQUIRE the licensee to do an act which is ILLEGAL under copyright law

      How is it illegal if the copyright holder has granted you a licence to distribute under limited circumstances?

      Look, you can have it one way or the other. You can either keep your copyright and agree that the GPL is an invalid license (after all, a license that requires the licensee to violate the law is not a valid license) or you can keep your license and give up your copyright. You can't have it both ways.

      Your agument is an invalid "choice of two options" because the GPL does not does not require anything illegal.

      The GPL grants no permissions. It merely imposes restrictions.

      If that were true then you'd be right, however the GPL grants permission to distribute the EXE and grants permission to distribute the source. To do either of those things you require permission.

      It's completely unenforceable, as everyone knows.

      As far as I can tell "everyone" consists of just one confused Anonymous Coward.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    48. Re:Does it matter ? by Alsee · · Score: 1

      The GPL says that if you take and use the source, you have to make the source code available to anybody who wants it at no cost. It's right there in black and white.

      I call bullshit. If it said that then you'd be able to show it.

      But the GPL says that all code must be distributed to ANYBODY WHO ASKS FOR IT.

      No. You only have to give the source to people you have given the EXE to. You may also choose not to include the source, but in that case it must be available to anyone.

      GPL effectively waives copyright

      Nope. The people who receive the source have no right to distribute it (or EXE's from it) unless they make a licence agreement with the author.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    49. Re:Does it matter ? by Natalie's+Hot+Grits · · Score: 1

      Yea... So then if the GPL isn't enforceable, then you have no legal right to download or copy my code and are in violation. You now owe me $25,000 dollars in copyright infringement damages.

      Get the picture yet? If the GPL isn't "Enforceable" then whoever is defending themselves in court has no rights to the code in the first place. hence, why nobody is going to take this story to a judge. Because either way, they lose.

      --
      Two infinite things: your stupidity and mine. But I'm not sure about the latter. If my sig offends you, I'm sorry.
    50. Re:Does it matter ? by Alsee · · Score: 1

      You're right in general, but let me fix one point:

      When you distribute a work, you're distributing only a license to use that work.

      You don't need a licence to use a work. This is a common peice of missinformation put forward by EULA's.

      TITLE 17 > CHAPTER 1 > Sec. 106. of copyright law lists six exclusive rights, but they really only amount to three different ones - copying, distribution, and public performance.

      There's the right to make copies(1) or derivative copies(2). The right to distribute copies (3) or digital audio copies(6). The right to public performance (4) or public display(5).

      I really hate number (6). Every mention of the word "digital" needs to be stripped out of copyright law. Distribution of digital audio copies is completely redundant to distribution of copies in general. Copyright protection is copyright protection, it doesn't make one whit of difference if it's stored digitally. Heck, printed text is effectively digital information.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    51. Re:Does it matter ? by Anonymous Coward · · Score: 0

      the GPL LIMITS your right to redistribute: it does not contravene copyright

      Nope. You have no right to redistribute, so it's not possible for the GPL to limit that right.

      It conveys parts of the author's exclusive rights in the form of a limited right to copy and redistribute

      Not a limited right. An unlimited, indiscriminate mandate. You have to give your code to anybody who asks for it.

      The GPL is a software license

      No it's not. It's a farce.

      it provides only limited right to copy and distribute

      No, it makes it absolutely mandatory that you copy and distribute to EVERYONE.

      the rights under the GPL are revokable

      The GPL grants nothing, therefore nothing can be revoked. All the GPL does is attempt to prohibit. It takes a work that is in the public domain, effectively and therefore legally, and attempts to restrict what can and can't be done with that work. Which is what makes it a farce.

      The requirement in the GPL that you distribute the source code under the terms of the GPL doesn't convey the right to distribute the source code

      Getting tripped up on your own argument there, huh? The requirement doesn't permit. Okay, dude. Whatever.

      If the copyright holder will allow users of his software to distribute it, then that's his/her right.

      Yes, it is. But as soon as you carry out an overt act that effectively removes your copyright protection, you have waived your copyright. See Bell v. Combined Registry.

      It's also his/her right to allow it but put limits upon it

      Nope. Not after the copyright has gone away, it's not. At that point the work is both legally and effectively in the public domain. Anybody can do anything they want with it.

      If an author has a right, then he/she can convey parts of it however he/she darn well pleases

      Not if he wants to keep it. Doesn't work like that.

    52. Re:Does it matter ? by Alsee · · Score: 1

      Bell v. Combined Registry: the elements of forfeiture as a general publication authorized by the copyright proprietor without the correct notice appearing thereon

      That case was decided on the lack of copyright notice and on "abandonment". The rules for including a copyright notice are gone, and even if they weren't the GPL gives explicit notice of copyright protection.

      The use of the GPL also directly negates any interpretation of abandonment. The author is explicitly placing restrictions on who and how the work and derivative works may be distributed. Anyone who distributes must live up to certain obligations in order to get permission to do so.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    53. Re:Does it matter ? by Anonymous Coward · · Score: 0

      I would like to appologize to everyone. I just realized how wrong and stupid I am. Now that I've actually gone and read the GPL more closely I see that I'm not required to give the sourcecode to anyone who asks, that is merely option B under section 3. I could also use option A and include the source with the executable. In that case I only have to distribute the source to the people I actally give the executable to.

      Thank god I've been posting as an Anonymous Coward.

    54. Re:Does it matter ? by Zeal17 · · Score: 1

      But, the copyright holder of a GPLed work is willing to grant you the right to make copies of your own if you agree to do it by the terms of the GPL. If you don't agree to it, then just go right on ahead using the software however you like to the extent of the law.

      But how would one obtain a 'copy' of the work without agreeing to the GPL in the firstplace. By your definition, by downloading the software, you are agreeing to the GPL.

      --

      "If it sucks without butter, it still sucks with butter, only creamier." - AC
    55. Re:Does it matter ? by Anonymous Coward · · Score: 0

      The distributor had to agree with GPL, _not you_. You have to agree with GPL only if you want to distribute it further.

    56. Re:Does it matter ? by Anonymous Coward · · Score: 0

      Nope.

      I can download the linux kernel without agreeing to the GPL.

      I can use the linux kernel without agreeing to the GPL.

      I can even wipe my ass with a printout of the linux kernel without agreeing to the GPL.

      What I *can't* do is *distribute* the linux kernel without agreeing to the GPL.

    57. Re:Does it matter ? by the+argonaut · · Score: 1

      "Further, the GPL does not require indiscriminate redstribution of copyrighted works.

      Yes, it does. Go read it again. If you distribute derived works, you have to distribute the original source code from which they were generated. Not only that, but you have to do it at no cost for anybody who asks for it.

      The GPL does not mean that I must make the software available at zero cost

      The GPL says exactly that. It says that you have to give a machine-readable copy of the source code to anybody who asks for it for no cost. Read it again."

      Let me add myself to the line of folks beating their heads against the wall -

      NO YOU DO NOT HAVE TO PROVIDE THE SOURCE CODE TO ANYBODY WHO ASKS FOR IT. NOR ARE YOU REQUIRED TO RE-DISTRIBUTE THE SOFTWARE.

      You are only required to distribute the source code to those that you distribute the executable to. So if you choose to sell the software, with every copy of the executable you deliver, you must also deliver the source code (either at the time or later if requested). Now, if you are distributing the software for sale, do I have a right to demand that you give me the source code? No, not unless I purchase the software from you.

      And no, you are not distributing the source code at no cost. You are distributing essentially as a package along with the executable, therefore, you are distributing it for whatever cost you are chargin for the executable. If you are offering the executable for free download, then you must also offer the source for that same cost. If you charge me $100 for your software, then having paid that, I have paid for both source and executable.

      What part of all this do you fail to understand?

      You insist that a person who publishes under the GPL has waived their copyright--I assert that this is an incorrect interpretation.

      Assert all you like. I'm afraid I'm right on this point, and you're wrong.

      My we're feeling a bit pompous today, aren't we? Your entire contention is that because somebody has given permission in the GPL for distribution of their work, they have given up their copyright interest. As has been said by many others here, you are incorrect. The GPL is a license for distribution of a copyrighted work - it is not the copyright itself. Lots of works are licensed for distribution in one fashion or another. For example, many articles are licensed in such a fashion that they may not be generally reproduced and distributed, but may be for educational purposes (i.e., photcopied to hand out to a class). Now, by licensing the work in such a fashion, the copyright holder has not given up his/her copyright interest. They have explicitly allowed distribution under a specific set of circumstances. , but not under others. The GPL is no different, it is simply more permissive as to the circumstances under which it allows distribution.

      Because it attempts to hold outside parties liable to the terms of the license. If you give me a copy of a work under the terms of the GPL, I am strictly restricted in what I can and can't do. This is fine and good. But if I then sell my license to someone else, a GPL advocate would say that that party is also bound by the terms of the GPL. That's not lawful.

      Ergo, the GPL is unenforceable.

      But it is lawful. You gained rights to the work under the terms of the license. By purchasing said work from you, the second purchaser agrees that they too will be bound by the license. You are in effect selling to them the same rights that were sold to you when you purchased/received your license. The license applies to all who use and distribute the work in question. You are not required to abide by the license if you do not want to distribute the software. So how is somebody being forced into an agreement against their will?

      Indeed my company retained a firm in 1999 to do just that. Fortunately we got the necessary information up front: the GPL is completely unenforceable,

      --
      fuck you.
    58. Re:Does it matter ? by Zeriel · · Score: 1

      TC, I'd have thought you'd have learned from Acenet that feeding the trolls does one no good. =P

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    59. Re:Does it matter ? by Anonymous Coward · · Score: 0

      My god. You are teh best troll EVAR.

      Seriously. You get mad props for dragging the GPL supporters through several pages of blatantly obvious trolling.

    60. Re:Does it matter ? by Anonymous Coward · · Score: 0
      Eben Moglen claims to have successfully enforced it many times over the past decade


      Not in a court of law.

    61. Re:Does it matter ? by jedidiah · · Score: 1

      The GPL only requires derivative works to be distributed if the licensee chooses to indulge in such distribution. The GPL only restricts the form in what that distribution can take. The GPL doesn't REQUIRE distribution of any sort.

      The notion of asserting ownership over derivative works is hardly anathema to copyright. Such a thing is actually quite central to copyright.

      Copyright allows one to restrict distribution of original works as well as derivate works.

      Also, if you are going to blather on about precedents at least try and make them remotely relevant. Bell v. Combined registry is about someone that never bothered to attach a copyright notice to their work. It has no relevance to ANY work that comes with a copyright notice.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    62. Re:Does it matter ? by jedidiah · · Score: 1

      What an incredible lying sack of shit you are.

      The GPL only requires distribution of the source if you distribute binaries based on that source. IOW, it only places restrictions on you in a condition where commercial software would place comparable restrictions.

      GPL> * b) You must cause any work that you
      GPL> distribute or publish, that in whole or in
      GPL> part contains or is derived from the Program
      GPL> or any part thereof, to be licensed as a whole
      GPL> at no charge to all third parties under the
      GPL> terms of this License.

      Also, copyright law does allow for original authors to gain control over derivatives of that work. So any attempt you make to claim that GPL is somehow "anti-copyright" are simply mindless blathering.

      ---------------- GPL portion ----------------

      2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

      * a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

      * b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

      * c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

      These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

      Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

      In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

      * a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      * b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      * c) Accompan

      --
      A Pirate and a Puritan look the same on a balance sheet.
    63. Re:Does it matter ? by jedidiah · · Score: 1

      If the GPL were really that weak, surely a violator of the GPL would have been more than willing to have their day in court.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    64. Re:Does it matter ? by TC+(WC) · · Score: 1

      Yeah, but where the hell's the fun in that?

    65. Re:Does it matter ? by Zeriel · · Score: 1

      Lord only knows, but the trolls here aren't even as good as Tannock, for chrissake. At least he wrote his own drivel. =P

      I'm WC-Mastermind, btw.

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    66. Re:Does it matter ? by arkanes · · Score: 1

      Whoever is allowing you to download it is the one who has to agree with the GPL (or is the original copyright holder). The "copy" made by your download is created (in the sense of the GPL) by the distributor, not by you. Note that it doesn't have to be downloading, it's distribution - this is much more intuitive if you say "the person handing you the CD".

    67. Re:Does it matter ? by arkanes · · Score: 1

      As another nitpick, the State of Florida actually didn't insist upon getting the source for it's voting machines. Stupid.

  6. the GPL is not free! by Anonymous Coward · · Score: 0, Funny

    (* insert uninformed anti-GPL rant here *)

    (* RMS is a communist and has poor personal hygiene *)

    (* Compare violating the GPL to violating a Microsoft EULA, why complain about one and not the other, etc. *)

    (* The GPL forces you to walk down the street with your pants down around your ankles *)

    1. Re:the GPL is not free! by Anonymous Coward · · Score: 0

      (* The GPL forces you to walk down the street with your pants down around your ankles *) /me startled, looks around "Ya, so??"

  7. Better drivers? by CodeMaster · · Score: 4, Interesting

    They have been using Linux for a long time on their routers/AP's.
    Anyone who have one must have noticed it.

    The one thing to say to their defence is that they are usually "driver friendly" with their PCMCIA WiFi cards.

    I just hope that now they will wake up, straighten up the mess, and start helping the community with supporting 802.11g in Linux for their NIC's.

    1. Re:Better drivers? by benjamindees · · Score: 1
      I just hope that now they will wake up, straighten up the mess, and start helping the community with supporting 802.11g in Linux for their NIC's.

      I wouldn't hold my breath. Although Linksys would probably release the source if they could, they can't. The driver was written by Broadcom. It's referenced in lots of their online literature. I'm sure they intend to continue to license it to companies like Linksys instead of releasing it under the GPL.

      --
      "I assumed blithely that there were no elves out there in the darkness"
  8. At least they're using Linux by PirateDave+-) · · Score: 3, Insightful

    What's got the higer priority: getting companies to print the GPL in their manuals, or getting companies to release high qulaity *ware with linux (for free!)
    It could be argued that GPL compliancy will make it better, but as far as I can see it's still much better than what it could potentially have been.

    1. Re:At least they're using Linux by PhuCknuT · · Score: 2, Insightful

      enforcing the GPL is higher priority, letting companies ignore it would set a very bad precident.

    2. Re:At least they're using Linux by GigsVT · · Score: 1

      If people didn't care, they would have used the BSD license.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    3. Re:At least they're using Linux by PirateDave+-) · · Score: 1
      From what I read in the article, nobody is really *sure* that the licence has been violated.

      Linksys are not profiting directly due to this violation which may or may not have even occured, so I do not see why people are concentrating on the negative aspects of this (that might not even be there).

      What happened to the good old days of 'Corporate Interest of Linux' and various pro-penguin chants?
      Getting a little offtopic now..

    4. Re:At least they're using Linux by BJH · · Score: 1

      What, exactly, was Linksys releasing for free?

    5. Re:At least they're using Linux by Anonymous Coward · · Score: 0

      Linksys are not profiting directly due to this violation which may or may not have even occured, so I do not see why people are concentrating on the negative aspects of this (that might not even be there).

      Because Timothy is trying to fill some space on Slashdot on a Sunday afternoon?

      Oh, that was a rhetorical question. Never mind.

    6. Re:At least they're using Linux by Anonymous Coward · · Score: 0

      Because linksys apparantly hasn't answered any of the email requests for information about this. If it is legit, why not answer? If they are not in violation of the GPL then there's no problem, everyone will be happy, but until THEY answer the questions presented to them, we have the right to bitch and moan and file lawsuits.

    7. Re:At least they're using Linux by Xoid629 · · Score: 1

      What's got the higer priority[?]

      Everyone who has contributed to the Linux kernel over the years has had their own motivations, and would have their own answer to that question. Unfortunately, we're long past the stage where we can ask each of them what their choice would be. All we do know is that they chose to submit code under the terms of the GPL. If I had contributed to a major GPL project (I haven't yet), I would be extremely annoyed if someone later told me that those terms were going to be ignored to allow a company to produce a better product and presumably profit from it -- if that was the intention, the project should have been under a different license in the first place.

      Now I don't know if there is actually a violation in this case, as the post did not clarify a lot of things. But assuming that the priority must be to allow use of Linux even without satisfying the conditions of the GPL is ridiculous.

    8. Re:At least they're using Linux by trueaveragejoe · · Score: 1

      Umm... If I were an author of a software, I would assume the GPL license would be more important the use of my software. The license provide freedom and yet protection for the author and contributors in cases like these. Without the license, it would be public domain and the authors and contributors would not be creditted. True, they would not have to redistribute the software if the binary weren't changed but they have not noted that the acess point uses GPL software.

      Also, I am not aware that Linksys is "release[ing] high quality hardware with linux(for free!". It is not free if it is part of the access poing, well not free as in freedom. Linksys should note it. Anyway, if they have not changed the binary, it would be easy to just redistribute the source. It is more likely that they did modify the source especially since it is running on a different platform and has features that the original one did not have. It is very doubtful but I hope the authors and Linksys clear up the situation. More companies need to understand the GPL.

    9. Re:At least they're using Linux by Zarquon · · Score: 1

      There is a post listing a couple of links to a linux-kernel discussion; both belkin and linksys firmwares had both busybox and a linux kernel, and did not contain the appropriate documentation.

      --
      "'Tis great confidence in a friend to tell him your faults, greater to tell him his." --Poor Richard's Almanac
    10. Re:At least they're using Linux by cicadia · · Score: 1
      What, exactly, was Linksys releasing for free?

      Firmware for one of their wireless access points, which apparently includes a minimal Linux OS.

      --
      Living better through chemicals
    11. Re:At least they're using Linux by BJH · · Score: 1

      And the use of Linux benefits people other than Linksys how?

    12. Re:At least they're using Linux by TC+(WC) · · Score: 1

      If it is legit, why not answer?

      Because they've got a crappy PR department? :)

  9. whats the big deal by Zed2K · · Score: 0, Troll

    Its probably because linksys doesn't want all you kiddies out there that don't know what their doing screwing with the source code and messing up their routers then complaining to linksys that it doesn't work.

  10. In case gets /.ed by Anonymous Coward · · Score: 5, Informative

    Hi,

    Sorry for the very lengthly posting, but I want to be as precise as possible in describing this problem.

    Awhile ago, I mentioned that the Linksys WRT54G wireless access point used several GPL projects in its firmware, but did not seem to have any of the
    source available, or acknowledge the use of the GPLed software. Four weeks ago, I spoke with an employee at Linksys who confirmed that the system did use Linux, and also mentioned that he would work with his management to ensure that the source was released. Unfortunately, my e-mails to this
    individual over the past three weeks have gone unanswered. Of course, I also tried contacting Linksys through their common public e-mail accounts (, ) to no avail.

    However, it is hard for me to know if my contact in the company has just gone on a three week vacation (and not set an auto-responder), or has been asked to not answer anymore mail on this subject. Also, I should note that I don't own this product, so I can't determine if the source is shipped with it.

    However, I have gone through all the available information on the Linksys website, and can find no reference to the GPL, Linux (as it relates to this product), or the firmware source code. Also, the firmware binary (see below) is freely available from their website. There is no link from the download page to the source, or any mention of Linux or the GPL. Finally, it would be
    strange if the source was included in the physical package, as my contact at Linksys was initially unaware Linux was used in this product.

    The following steps can be used to determine the exact nature of the possible GPL violation.

    1. Go to the following URL:
    http://www.linksys.com/download/firmware.asp?fwid= 178

    2. Download the "firmware upgrade files":
    ftp://ftp.linksys.com/pub/network/WRT54G_ 1.02.1_US _code.bin
    (MD5SUM: b54475a81bc18462d3754f96c9c7cc0f)

    3. While it is downloading, confirm that there is nothing on the webpage to indicate that this binary contains GPLed software.

    4. Once the download is complete, copy the contents of the file from offset 0xC0020 onward into a new file.
    dd if=WRT54G_1.02.1_US_code.bin of=test.dump skip=24577c bs=32c

    5. Notice that this file is an image of a CramFS filesystem. Mount it.

    6. Explore the filesystem. You will notice that the system appears to be based on Linux 2.4.5. Incidentally, there is at least one other GPLed project in the firmware: the BusyBox userland component: (http://www.busybox.net/)

    7. The Linux kernel (I think) is mixed up with a bunch of other stuff in: bin/boot.bin

    You might want to know why I am interested in getting the code for the kernel used in this device.

    There's been some discussion here about Linux's lack of wireless support for a few of the newer 802.11b and (nearly?) all 802.11g chips. Incidentally, Linux has excellent support for at least one manufacturer's wireless family.
    The following Broadcom chips all appear to be supported under Linux -- if you happen to be running Linux on a MIPS processor in a Linksys router:

    Broadcom BCM4301 Wireless 802.11b Controller
    Broadcom BCM4307 Wireless 802.11b Controller
    Broadcom BCM4309 Wireless 802.11a Controller
    Broadcom BCM4309 Wireless 802.11b Controller
    Broadcom BCM4309 Wireless 802.11 Multiband Controller
    Broadcom BCM4310 Wireless 802.11b Controller
    Broadcom BCM4306 Wireless 802.11b/g Controller
    Broadcom BCM4306 Wireless 802.11a Controller
    Broadcom BCM4306 Wireless 802.11 Multiband Controller

    This list was produced by running strings on:
    lib/modules/2.4.5/kernel/drivers/net/wl/wl.o

    I am trying to determine exactly how tightly coupled these drivers are to the kernel.

    As an aside, I know that some wireless companies have been hesitant of releasing open source drivers because they are worried their radios might be pushed out of spec. However, if the drivers are alre

    1. Re:In case gets /.ed by MickLinux · · Score: 4, Interesting

      I see your point. However, if I had to guess, the silent treatment is while management tries to figure out what to do.

      I could imagine quite possibly that they've signed some NDAs that won't allow them to release all their source code. Then this GPL stuff means that they have to release all their source code -- or so it seems.

      So now they've got to figure out what to do, and while they're figuring, it's legally safer to say nothing to anyone.

      Probably their best way out is either get the NDAs released [unlikely], or find out the individual authors of their modules, and work out individual licensing agreements [difficult, but possible] that keep it outside the GPL. At that point, though, you won't have your information.

      That said, I have to think about SCO, and think that one shouldn't take a "All your codebase are belong to us" approach. My feeling is that trying to knock others out to get what you want, is kindof evil. And that goes in both directions.

      So I think persistance is key, here, but if they made a mistake, (1) don't gloat -- rather, be meek (2) still be persistent, and try to get FSF's help pursuing this (3) hopefully get the FSF to offer them help in finding for themselves a legally sound position.

      P.S. Good hacking job [and yes, that's hacking not cracking, though I hope that they don't just decide 'hit him with the DMCA -- he's too small to fight it.' Ugh. This DMCA gives all the power to big criminals, it seems to me, and takes power away from little law abiders.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    2. Re:In case gets /.ed by baitisj2 · · Score: 1

      I happen to have a little-endian MIPS system right here. I mounted the uncramfs'd filesystem on my MIPS system. Here are some details from the binaries on the machine: It uses BusyBox v0.60.0 (2003.03.05-00:35+0000) Built-in shell (msh) If you look around on their ftp site, you'll notice the AbsoluteValue Systems Inc. MPL license file, ftp://ftp.linksys.com/pub/network/linux_release.tx t, and some VERY interesting: ftp://ftp.linksys.com/pub/network/ATMEL_linux_driv ers.tar.gz These appear to be binary drivers for the ATMEL chips!

    3. Re:In case gets /.ed by baitisj2 · · Score: 1

      it appears that the atmel chip drivers are not so interesting... for 802.11b devices.

      Apparently, boot.bin contains the PMON bootloader:

      http://pmon.groupbsd.org/index.html

      PMON specifies:
      # 2. Redistributions in binary form must reproduce the above copyright
      # notice, this list of conditions and the following disclaimer in the
      # documentation and/or other materials provided with the distribution.

      (see ftp://pmon.groupbsd.org/pub/PMON/src/Makefile)

    4. Re:In case gets /.ed by baitisj2 · · Score: 1

      Oh, and it looks like wap54G_fw.zip probably contains GPL'd code, too. Get ftp://ftp.linksys.com/pub/network/wap54G_fw.zip, unzip the zipfile, cat LinksysWAP54G_1.27.trx | strings | less, and search for ROMFS.

      That should take you to the beginning of the compressed ROM filesystem in this binary.

    5. Re:In case gets /.ed by 73939133 · · Score: 4, Interesting

      Probably their best way out is either get the NDAs released [unlikely], or find out the individual authors of their modules, and work out individual licensing agreements [difficult, but possible] that keep it outside the GPL.

      It's too late for that: whether they do or do not release the source code at this point, they have already lost their right to release the binary. And their GPL violation is not that they haven't put up the source code for FTP somewhere, the GPL violation is that they didn't identify the product as using GPL'ed code in the first place, accompanied by an offer to make the source code available.

      That said, I have to think about SCO, and think that one shouldn't take a "All your codebase are belong to us" approach. My feeling is that trying to knock others out to get what you want, is kindof evil. And that goes in both directions.

      If someone has violated SCO's copyright in the way they claim, they should be punished severely: copyright violations like those claimed by SCO threaten not only companies, they threaten the very existence of open source software. (However, I believe that SCO's claims are bogus, so I don't see much danger of that happening.)

      Likewise, if Linksys has violated the terms of the GPL, they should be punished severely. Linksys's behavior, shipping GPL'ed code without identifying it as such, is a fundamental violation of the GPL, and if the only consequence is that companies have their wrists slapped when found out (and it has taken years to find this out about Linksys), it undermines the whole idea of the GPL.

    6. Re:In case gets /.ed by Anonymous Coward · · Score: 0

      And their GPL violation

      There has been no GPL (or any) violation shown or decided in a court of law.

      If someone has violated SCO's copyright in the way they claim, they should be punished severely

      There has been no GPL (or any) violation shown or decided in a court of law.

      Nice of you to show your bias there.

    7. Re:In case gets /.ed by Anonymous Coward · · Score: 0

      dd if=LinksysWAP54G_1.27.trx of=test.dump skip=24576c bs=32c

      will extract it.

    8. Re:In case gets /.ed by Styx · · Score: 1

      You could take a look at this
      There's a nice writeup of how to extract the cramfs.

      --
      /Styx
    9. Re:In case gets /.ed by stiggle · · Score: 1

      Of course, the silent treatment could be while they argue with Broadcom about who should be supplying what. It appears that most of the files in the Firmware are supplied by Broadcom - so shouldn't they be releasing the code on their site rather than Linksys. The WRT54G is based on the BCM94710, and that is supplied with the OneDriver(tm) infrastructure support for Linux and VxWorks. All 54g(tm) products use Broadcom chipsets, and so are likely to be liable under the same conditions. Linksys (www.linksys.com), Buffalo (www.buffalotech.com) , Belkin (www.belkin.com) all provide 54g infrastructure hardware. The Broadcom client OneDriver(tm) software supports Microsoft platforms only. http://www.broadcom.com/docs/AirForceFam.pdf OneDriver & 54g are trademarks of Broadcom. (just so they don't complain at me).

    10. Re:In case gets /.ed by McFly777 · · Score: 1
      Likewise, if Linksys has violated the terms of the GPL, they should be punished severely. Linksys's behavior, shipping GPL'ed code without identifying it as such, is a fundamental violation of the GPL, and if the only consequence is that companies have their wrists slapped when found out (and it has taken years to find this out about Linksys), it undermines the whole idea of the GPL.

      While I understand your point that if there is no consequence to violating the GPL then people will violate it at will, I think that it would be best to save the "severe punishment" for those who decide to continue the violation AFTER being notified. It is a generally accepted fact of adult behavior (not the same as legal behavior) that people make mistakes, and that, if they correct their errors gracefully when notified, one forgives the original infraction. "Throwing the book" at someone will usually achieve further compliance at the expense of good will and "don't work with GPL systems" future behavior.

      In my experience, Linksys has been one of the better supported manufacturers for Linux based systems. I would rather not create an enemy, or give ammunition to our enemys, in order to win a rather hollow victory.

      --

      McFly777
      - - -
      "What do people mean when they say the computer went down on them?" -Marilyn Pittman
    11. Re:In case gets /.ed by sgtrock · · Score: 1
      While I understand your point that if there is no consequence to violating the GPL then people will violate it at will, I think that it would be best to save the "severe punishment" for those who decide to continue the violation AFTER being notified. It is a generally accepted fact of adult behavior (not the same as legal behavior) that people make mistakes, and that, if they correct their errors gracefully when notified, one forgives the original infraction. "Throwing the book" at someone will usually achieve further compliance at the expense of good will and "don't work with GPL systems" future behavior.


      Which is exactly the approach that the FSF has successfully used dozens of times for GPL software whose copyright has been assigned to them.
  11. Requirements by TWX · · Score: 5, Informative

    If they're not rewriting the source code, using it in a form that they themselves obtained it in (pre-compiling), they might not have to provide source if they disclose their source location. Also, if they were smart enough to create independent kernel modules for the rest of the device, they wouldn't have to release those anyway.

    It would be nice if they included at least a copy of the GPL and a linux installation CD in the back of their manual though, since that would be a way of distributing the code, if not more than the code, and would probably make them in compliance.

    Hell, TurboLinux install CDs came with hardware that Linux couldn't even use, for a while...

    --
    Do not look into laser with remaining eye.
    1. Re:Requirements by HBI · · Score: 1

      Ah, you got an SMC EtherPower card too, huh?

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    2. Re:Requirements by trueaveragejoe · · Score: 1

      I am not sure of hardware of the Linksys access points unless someone care to explain to me but wouldn't you need to modify the source to accomodate the hardware? Or is it the compiler for the access point? If so what compiler supports compiling the Linux kernel for different platforms?

    3. Re:Requirements by David+Jao · · Score: 2, Informative
      If they're not rewriting the source code, using it in a form that they themselves obtained it in (pre-compiling), they might not have to provide source if they disclose their source location.

      False.

      You're probably thinking of section 2c of the GPL, which says:

      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
      Note the phrase "only for noncommercial distribution." Linksys is distributing this software commercially, so section 2c does not apply to them.

      Under the terms of the GPL, Linksys must either ship the source code with the product or accompany the product with a 3-year written offer to disclose the source on demand at duplication cost.

      Finally, Linksys must also of course include the GPL with their product and declare that the software is distributed under the terms of the GPL.

    4. Re:Requirements by TWX · · Score: 1
      Under the terms of the GPL, Linksys must either ship the source code with the product or accompany the product with a 3-year written offer to disclose the source on demand at duplication cost.

      Finally, Linksys must also of course include the GPL with their product and declare that the software is distributed under the terms of the GPL.

      So, I assume that distributing a Linux install CD, as long as it includes the same version of the kernel and whatever tools are present would constitute a good-faith effort, along with the GPL being printed inside of the cover of the manual?
      --
      Do not look into laser with remaining eye.
    5. Re:Requirements by shaitand · · Score: 2, Informative

      Only if they didn't modify any of the code... and if they didn't modify it, they aren't required to distribute anything. If they modified the gpl'd code then they can't simply distribute the original code without their changes! They have to distribute their changes.

    6. Re:Requirements by Anonymous Coward · · Score: 0

      Doesn't matter, they are modifying the source (at the very least, udhcp, the program I maintain). So even though you would have to release the source anyway, your point is moot. (Downloaded image, performed strings /usr/sbin/udhcpd, saw stuff in there I didn't write)

      Geez, Tannon, you are my roommate, shoulda asked me first or something.

      -- Russ Dill

  12. More From the Kernel List by OctaneZ · · Score: 5, Interesting

    A couple follow ups on the kernel mailing list:

    A very interesting bit from the busybox maintainer, who has evidently already sent linksys two letters

    A post outlinging the possibility that Belkin is also shipping GPL'd code

    A few other people are throwing their two cents in, but those were the most interesting, code be an interesting test of corporate policey, and the ability of the GPL to withstand a court battle.

    1. Re:More From the Kernel List by Anonymous Coward · · Score: 1, Informative

      Go to www.innoplus.com and download there firmware (look under "English", then "Support" and then "Download", or use http://www.innoplus.com/html/eng_after1.htm). You will see that it is Linux based. They mention it runs Linux, but no notice of the GPL, and they don't want to release an SDK or the source code. Maybe we should also put them on the list? Please be gentle, they are veryhelpfull and friendly, and probably just ignorant, not malicious :)

  13. Alternate browser support by kien · · Score: 4, Funny
    I sent an email asking Linksys why IE was required to use their web-based admin tool for my BEFSR41.

    Here's their reply:
    Again, thank you for contacting Linksys Customer Support. Unfortunately, we do not have an advice yet when will Linksys support other operating systems. Rest assure that your message will reach the right department. If you have further questions, please contact us at (800) 326-7114 or send us an email at support@linksys.com so that we may further assist you. Please use this phone number given as reference for future support calls. Thank you and have a nice day.


    --K.
    --
    Sig: Bad people happen. Try to avoid being one of them.
    1. Re:Alternate browser support by slugo3 · · Score: 1

      IE is required? I have no problem administering my BEFSR41 with Mozilla.

    2. Re:Alternate browser support by Anonymous Coward · · Score: 0

      Mine even works with Netscape 4.7 on Windows. I think there was a problem with Netscape for MacOS, however, but that's probably Netscape's fault.

      The software also does not use <NOSCRIPT> to inform you that JavaScript needs to be enabled.

    3. Re:Alternate browser support by aschlemm · · Score: 1

      Agreed...Both Netscape and Mozilla work fine for configuring the WAP54G and WAP11 access points. I've tried using Konquorer and while it can display the basic page many of the radio buttons and stuff that show some of the settings infomration come up empty.

      Linksys' web configuration screens are fairly simple and so I don't know why they can't support other reasonable web browsers. If they asked for voluteeers from Linux and other non-windows users in testing browser capatibility I bet they'd get pretty decent response back.

      I guess that raises the question is if there's any support for the Linksys Wireless-G NICs? I have a WPC54G but right now and I only have support for it by using Win2K on my laptop. I'm hoping to have a Linux laptop but I don't know if I'll be able to use the WPC54G card I already have with it.

    4. Re:Alternate browser support by kien · · Score: 1
      IE is required? I have no problem administering my BEFSR41 with Mozilla.

      That's interesting, slugo3. I'm curious about the firmware version of your BEFSR41 and whether you're using Mozilla from a Windows platform or a GNU/Linux distro?

      --K.
      --
      Sig: Bad people happen. Try to avoid being one of them.
    5. Re:Alternate browser support by revmoo · · Score: 2, Informative

      I have adminned mine from phoenix and w3m in linux, and both worked fine, I don't know what problems you guys are having...

      --
      I would expect such blatant racism on Fark, but on Slashdot? Mods please ban this asshole.
    6. Re:Alternate browser support by aonaran · · Score: 1

      I've administered lots of Linksys routers and not had a problem using galeon, mozilla or konqueror.
      Perhaps the built in method for firmware updates (which I think it just HTTP upload) doesn't work in some browsers, they provide a TFTP firmware update program for windows anyway, and regular old console tftp in Linux works fine for that too.

    7. Re:Alternate browser support by MobyDisk · · Score: 1

      I've had one for 2 years and it works fine from Mozilla and Phoenix. on Windows 98, 2k, and XP. Maybe the problem is just Mozilla for Linux. :-)

      Firmare is version: 1.39.1, Jul 19 2001

    8. Re:Alternate browser support by kurayamino · · Score: 1

      If you can't connect to the router's webpage, try this: echo 0 >/proc/sys/net/ipv4/tcp_ecn

    9. Re:Alternate browser support by kien · · Score: 1

      So why would they (or did they) tell me that IE is their only supported platform?

      I know that I was moderated Funny but that was a real quote from Linksys.

      Any Linksys geeks reading this, I can supply info.

      --K.

      --
      Sig: Bad people happen. Try to avoid being one of them.
    10. Re:Alternate browser support by csguy314 · · Score: 1

      why IE was required to use their web-based admin tool

      IE required? I couldn't even get it to work with IE when I first installed winXP! But Lynx works just fine. Oh, and Mozilla and Phoenix too.

      --
      This is left as an exercise for the reader.
    11. Re:Alternate browser support by LurkerXXX · · Score: 1

      They say that so their low cost support staff has less pages in their folder to flip through to read off instructions. They say it's a requirement so they don't have to train their staff how to handle config problems in every browser under the sun. It's not really 'required', but it is what is supported. Other browsers work, they just don't want the added expense in having their 1st tier folder jockeys have to know how to work others as well. It's not a terrible slam to their support, it's just one of the methods they use to keep support costs down so they can continue to sell you hardware cheaper than a lot of other vendors.

    12. Re:Alternate browser support by spinkham · · Score: 1

      "...their only supported platform?"
      Meaning you are on your own in getting anything else to work. It may, it may not. These people are telling you it probably will...

      --
      Blessed are the pessimists, for they have made backups.
    13. Re:Alternate browser support by PetWolverine · · Score: 1

      I've had huge problems trying to administer Linksys routers with a Mac.

      Oh, Safari loads the pages fine. I can enter the new settings, click Submit, and the changes take hold. Every time.

      The problem is actually the fact that the router overheats. It'll just stop working until I unplug it for a few seconds and plug it back in. I took the case off and that helped a little, for a while, but I guess the problem got worse (how? Your guess is as good as mine) and now I'm using an Asanté router.

      Now you ask, how the hell can I blame the overheating on the fact that I'm using Macs? Well, I can't. What I can complain about is the fact that when I call Linksys tech support, I have to pretend to be using Windows or they effectively hang up on me.

      --
      I found the meaning of life the other day, but I had write-only access.
    14. Re:Alternate browser support by micheas · · Score: 1

      The Linksys router I installed for a friend said that you need IE for some client software. (it seemed pretty useless at the time so I ignored it) The http interface works just fine with gecko and khtml.

      It works fine from every web browser I've tried, but I haven't tried lynx or any other text browsers

    15. Re:Alternate browser support by doofsmack · · Score: 1

      Mine works just fine with Opera 6.05 on Windows XP.

  14. GUILTY by Mike+Rosopht · · Score: 0

    HAHAHAHAHAHAHAHAHAH

    If this is true!

    Just think of all of the licensing fees Linus is entitled to!

    (even if they change the code!)

    1. Re:GUILTY by Anonymous Coward · · Score: 0

      Uhm, no licensing fees, perchance? Linux doesn't come with licensing fees.

  15. Only if they changed something... by pla · · Score: 5, Insightful

    Why does everyone always assume that any embedded device running Linux must have, in some way, violated the GPL?

    I worked eight years as a firmware engineer. In the last three, I dealt almost exclusively with Linux.

    And I can assure you that we didn't need to change any GPL'd code to get what we wanted. Even on fairly custom hardware, we could find preexisting GPL'd code to do 99% of what we needed (and wrote user-space drivers where possible, and modules where not). No need to release anything if you don't change anything, to comply with the GPL.

    Whether ethical or not, plenty of legal ways of circumventing the intent of the GPL exist. And, like it or not, eliminating those loopholes (which would basically require forcing any program that runs under linux to use the GPL) would kill Linux in the business world.

    1. Re:Only if they changed something... by Anonymous Coward · · Score: 0

      You don't always have to release source if you aren't modifying it, but you always have to acknowledge the license and provide info on where to retrieve the source.

    2. Re:Only if they changed something... by runderwo · · Score: 4, Interesting
      No need to release anything if you don't change anything, to comply with the GPL.
      Erm, take a look at Section 3 of the GPL -- it quite clearly states that if the program is redistributed in binary form, it must be accompanied by the source code or a written offer for the source code.

      You may be thinking of the LGPL instead, which relaxes redistribution requirements.

    3. Re:Only if they changed something... by BJH · · Score: 2, Interesting

      I call bullshit.

      Even if they made no changes, they still have to provide a copy of the GPL itself, and tell the user where they can obtain the source.

      As for "legal ways of circumventing the GPL", I've seen plenty of people spout this line, but never seen any of them produce an actual legal loophole in the GPL. I'd bet that you're no different.

    4. Re:Only if they changed something... by xtal · · Score: 1

      At best, if nothing has been changed, they would mearly need to provide access to the linux kernel and stock utilities.

      If they write code that is independant of the kernel, it is then theirs to license as they see fit. For example, while linux game ports might be based on the kernel, there is no obligation to release the source code to those games.

      There is only a violation if they modified existing GPL code. It doesn't sound like they'd be stupid enough to do that.

      --
      ..don't panic
    5. Re:Only if they changed something... by Beryllium+Sphere(tm) · · Score: 1

      It's important to note that pla, whom you quoted as saying "circumventing the GPL", actually said "circumventing the intent of the GPL".

    6. Re:Only if they changed something... by irc.goatse.cx+troll · · Score: 1

      While I agree with you, Some minor nitpicking:
      Section 9 of the GPL states
      "Each version is given a distinguishing version number. If the Program
      specifies a version number of this License which applies to it and "any
      later version", you have the option of following the terms and conditions
      either of that version or of any later version published by the Free
      Software Foundation. If the Program does not specify a version number of
      this License, you may choose any version ever published by the Free Software
      Foundation."

      So eliminating those loopholes is impossible .(Though IANAL)
      It would be near impossible to get everyone that ever wrote a line of code in the kernel source tree to agree to relicense their code under a 'new gpl', and some how revoke all previous licenses (Should be impossible, but nullsoft/aol kind of pulled it off)

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    7. Re:Only if they changed something... by trueaveragejoe · · Score: 1

      Clearly, if Linksys got it working on their own access point...., it is very likely that they would have to change the source to accomodate the difference in hardware.

      Also, the GPL (General Public License) http://www.gnu.org/licenses/gpl.html also says:

      <quote>
      1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
      </quote>

      If Linksys did modify the source which they very likely did, Linksys would have to distribute the source also. What is worse is that Linksys is not publicly mentioning that they are using GPL software.

    8. Re:Only if they changed something... by BJH · · Score: 1

      Circumventing the intent == circumventing the license itself. Please specify how you consider these to be different.

    9. Re:Only if they changed something... by Sigurd_Fafnersbane · · Score: 1
      Clearly, if Linksys got it working on their own access point...., it is very likely that they would have to change the source to accomodate the difference in hardware.

      If they are making their own hardware it should not be to difficult to design the hardware so Linux could run on it without modifications. Hardware is often more flexible than software, especially if you do not have the full overview of the software you are trying to change.

      I find it very probable that they could have made the box without changing any GPLed code and then added their own applications/drivers in usermode/module form. Before jumping the gun on them it might be worth for an owner of their product to ask for a copy of whatever GPLed source they are using and in case they refuse I would be surprised if RSM&Co were not ready with a lawsuit.

      There is no reason to debase oneself the SCO way and sue someone without first asking for an amiable solution.

    10. Re:Only if they changed something... by lmfr · · Score: 1, Informative
      "There is only a violation if they modified existing GPL code."

      No, there's a violation if they distribute GPL programs. If so, they must give the source (for the GPL programs, inc. any modifications), alongside the binaries or when requested. At least, a written offer must accompany the binaries.

    11. Re:Only if they changed something... by Paleomacus · · Score: 1

      The intent of a legal document and what the document actually says in writing are often different. This is what is meant by circumventing the intent.

      ie the intent (afaik) of the GPL is that code protected under the GPL is always available upon request and any changes made to said code must be made available.

      Therefore if you take a stock system like Linux and write your own proprietary software on top of it without changing any GPL'd Linux code you don't have to do anything.

      How much of a hassle would it be to print a copy of the GPL in your manual and include a link to a copy of the Linux source you used?

    12. Re:Only if they changed something... by Beryllium+Sphere(tm) · · Score: 1

      The difference between the text of a contract or the intent. It's like the difference between the letter and the spirit of the law. Many lawyers's children have had their college paid for by that distinction.

      You'd probably like a hypothetical example to illustrate the difference. If I try I'll probably get something wrong about the nuances of the GPL's purpose.

    13. Re:Only if they changed something... by pla · · Score: 1

      "There is only a violation if they modified existing GPL code."
      No, there's a violation if they distribute GPL programs


      Picking nits. The only "source" a company must provide consists of that actually under the GPL. Considering the preexisting availability of the source to the Linux kernel, you'd have a hard time demonstrating a GPL violation for nothing more than failing to make yet another mirror of commonly available code.

    14. Re:Only if they changed something... by pla · · Score: 1

      but never seen any of them produce an actual legal loophole in the GPL. I'd bet that you're no different.

      Not to get into the "intent vs wording" point that Beryllium sphere brought up...

      One phrase satisfies your somewhat snidely-worded request - "user-space drivers".

      As long as you pick a base platform that will run an unmodified Linux kernel (which, as a hardware designer and manufacturer, Linksys had the luxury of doing), basically all GPL issues vanish. Boot it, and run the "real" code in user mode. No intermingling of proprietary and GPL'd code whatsoever, end of problem.


      Now, a number of people have pointed out that a company would need to (offer to) distribute the source even if they don't modify anything. As I responded here (though I meant to reply to lmfr, not xtal), this seems like a VERY petty distinction. It reduces the GPL to little more than an agreement to mirror already available code, since no obligation to release the proprietary user-space code would exist.

      But, in fairness, I agree that it makes a valid technicality. Linksys should have handled this a tad differently. But I really think our efforts would better go toward promoting open source and following up on "real" violations, than in pissing on Linksys for what amounts to little more than an oversight in the product manual.

    15. Re:Only if they changed something... by zcat_NZ · · Score: 1

      You can provide (or sell) web-based services using GPL'd code and make whatever propriatory modifications you like.

      I've been told that RMS considers this to be in violation of the spirit of the GPL but since you're not actually distributing any code, the GPL doesn't apply.

      --
      455fe10422ca29c4933f95052b792ab2
    16. Re:Only if they changed something... by Anonymous Coward · · Score: 0

      it quite clearly states that if the program is redistributed in binary form,

      The Program refers to the GPLed code, which they don't necessarily need to modify in order to make AP software. If so, they can just send you a tgz of a very useless set of already-available unmodified GPLed source.

    17. Re:Only if they changed something... by Fnkmaster · · Score: 1

      Sorry, but that's the point. They are in violation of the license contract if they do not provide a mirror, _or_ provide a written offer to provide the source at copying cost. This isn't picking nits, it's a contract, and they aren't living up to it. The point is if they have nothing to hide, and are using stock GPL code, why not just stick up a mirror of the source on their FTP site? What's the cost of that in bandwidth and disk space? Practically nothing, in exchange for the value they get from using it. And if they don't feel like it, it costs nothing on the margin to print the offer for source as a footnote in a manual. In short, it creates the appearance of deception to avoid these simple obligations under the GPL. So why would they not just live up to them?

    18. Re:Only if they changed something... by GigsVT · · Score: 1

      This does seem to be a loophole, as the GPL does not seem to require the end user be notified they are running program that falls under the GPL, as long as the distributer does not modify anything, and only distributes binaries.

      The only notification section is Section 1, which only applies to distribution of source code.

      So the question I guess is, will we need a new version of the GPL soon that clarifies this?

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    19. Re:Only if they changed something... by runderwo · · Score: 1
      The Program refers to the GPLed code, which they don't necessarily need to modify in order to make AP software. If so, they can just send you a tgz of a very useless set of already-available unmodified GPLed source.
      The "Program" refers to the binary that is distributed. In the case of a binary linked against GPL code, it is considered to be a derivative work. LGPL makes an exception that covers dynamic linking only.
    20. Re:Only if they changed something... by Anonymous Coward · · Score: 0

      We assume that GNU/Linux firmware engineers lead to GPL violations because there are plenty of firmware engineers like you out there. If you perform *commerical* redistribution then a clause extended strictly to *non-profit* redistribution does not apply. Firmware engineers that encourage their companies to perform commerical redistribution of unmodified code under a non-profit clause are violating the General Public License and in doing so revoked the GPL grant which extends them the right to perform redistribution of the Free Software work.

      Also, even non-profit redistribution must pass along the written offer/link. In the case of Linksys they are pass along *NOTHING*.

      The closest you got to being right is in regards to when you don't release anything. If you don't redistribute anything at all (including the binaries) then it doesn't matter if your changed anything or not, you have complied with the GPL.

      If you need to loopholes to the extent of making up loopholes in the GPL that do not exist then feel free to switch to using BSD code. The authors of the GPL do not care if you think that the GPL needs a loophole allowing no written offer to be provided. If lacking a loophole kills off your use of GNU/Linux in the business world of violating the GPL, then good, let your violating be killed off.

    21. Re:Only if they changed something... by Anonymous Coward · · Score: 0
      you'd have a hard time demonstrating a GPL violation for nothing more than failing to make yet another mirror of commonly available code.


      Ok, I accept your challage that this is something more than just failing to provide a mirror. By not providing a written offer, they have treated the work as being sub-licensed (their actions indicate that they are working as if the written offer clause does not exist). Hence, GPL Section 4 applies:

      You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License.


      Since Linksys has enacted Section 4, they are now also in violation of Copyright law for performing redistribution of binary code they don't own and they are not licensed to redistribute.

      Care to share what embedded devices you have done zero-modification and hence zero-source notification during redistribution? Since I am also a copyright holder of parts of the Linux kernel and other GPL works, I am very interested in the fact that you seem to be admitting to revoking the GPL grant to redistribute on devices you where involved in.
    22. Re:Only if they changed something... by pla · · Score: 1

      We assume that GNU/Linux firmware engineers lead to GPL violations because there are plenty of firmware engineers like you out there.

      Ah, thank you for setting the tone. I do so hate to respond offensively without provocation.


      If you perform *commerical* redistribution then a clause extended strictly to *non-profit* redistribution does not apply

      The word "profit" does not occur anywhere in the GPL2. The word "commercial" occurs only as a parenthetical clarification of section 3c. Perhaps you'd like to read the text of the document you claim to speak for?


      Look, get a clue. You can use GPL'd code in commerical products which include non-GPL'd components. Both legally and ethically. Simple as that. I agree Linksys made an error in this case, but to hear the RMS zealots talk, you'd think Linksys had put a hit out on Linus himself. They made a MINOR oversight. They should correct it. Aside from that, relax. Use your energy coding, rather than bitching.


      And just in case some people consider me your typical corporate shill, check out some of my other Slashdot comments - I feel as anti-corporate as the rest of you. But I also won't damn someone who, with a slightly different take on the situation, we could consider on "our" side.

    23. Re:Only if they changed something... by BJH · · Score: 1

      I wasn't being snide - more realistic ;)

      As for user-space code, I see no reason why using it should be seen as a breach of the spirit of the GPL. They're not using any pre-existing GPL'd code, so there's no problem. I would say that's pretty clear-cut.

    24. Re:Only if they changed something... by Alsee · · Score: 1

      No need to release anything if you don't change anything, to comply with the GPL.

      The GPL includes 3 options. (A) Include the source in the product. (B) Offer the source to the public for at least three years. Or (C) if you are using an unmodified EXE received under option B you MUST pass on the offer for sourcecode that you received with it.

      If you aren't including an offer for the unmodified source then you are violating the GPL.

      plenty of legal ways of circumventing the intent of the GPL

      I guess it depends on what you think the intent is. If you're using an unmodified EXE and pass on an offer for the source (your own or someone elses) then I would say you haven't circumvented the intent.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    25. Re:Only if they changed something... by mpe · · Score: 1

      There is only a violation if they modified existing GPL code. It doesn't sound like they'd be stupid enough to do that.

      The conditions of the GPL apply to anyone who distributes GPL code. Unmodified GPL code is still covered by the GPL. Modified GPL code is covered by the GPL since it is a "dervied work".

    26. Re:Only if they changed something... by Anonymous Coward · · Score: 0

      Well, this has been a point that has been enforced in the past, a number of binary port maintainers of GPLed software have pulled the ports as they did not have the space/bandwidth to also offter the sources as they are required to. You are wrong about this.

      But I am curious, since the BSDs do not have these issues, and costs for this type of work why not use them instead of Linux and avoid the eggshell license walk all together, remember you still have to print the gpl and provide the offer of source code with the GPL even if you do not change anything.

  16. And in an office in Redmond... by Ciderx · · Score: 0, Redundant

    Steve Bullmer is reading that post, shaking his head and muttering, "I told em. Viral". And then throwing another 50 dollar note onto the fire.

    1. Re:And in an office in Redmond... by Anonymous Coward · · Score: 0

      /me takes the bait
      How is it viral.. They stole the code. Gpl code isn't "free", you pay for it by following the rules of the gpl.

    2. Re:And in an office in Redmond... by WereTiger · · Score: 1

      I was thinking the EXACT same thing.

      If they wanted to release the source, they'd have done so by now. Trying to force them will just lead to 'Bad Things'.

      Like the fools that keep ranting about Nvidia openning the source of their drivers. I'd never do it in a million years if I were them, and that's partially because I'd be cheating at benchmarks ;)

      --
      If you're hearing rhetoric about Linux, open source, or Mac and everyone's bashing Microsoft, you've found Slashdot.
    3. Re:And in an office in Redmond... by be-fan · · Score: 2, Insightful

      Yet, if Linksys had stolen Windows code and used it in their routers, Balmer would be calling the lawyers on them. You can use GPL'ed code all you want, but you can't abuse GPL'ed code, just like you can't abuse proprietory code. At least the FSF tends to be nicer about working with potential violaters than most commercial entities are.

      --
      A deep unwavering belief is a sure sign you're missing something...
    4. Re:And in an office in Redmond... by Xoid629 · · Score: 1

      The difference as I understand it is that nvidia releases its drvers seperately from the kernel, and the two are only combined by the user. If I'm right about the way that bit of the GPL works, nnvidia can't release a prebuilt kernel, and the user can't distrubute a kernel built with the driver either, unless the code is also made available.
      Linksys, on the other hand, may be distributing everything together as a precomiled package without the code. There is a big difference between people wanting a company to release an indepentent project (nvidia drivers), and people wanting a company to release modifications to a GPLed project (linksys). Maybe there are in fact reasons why linksys can legaly do what they did, but from the situation as stated in the origional post, they are using GPLed code and ignoring the conditions on its use.

    5. Re:And in an office in Redmond... by Anonymous Coward · · Score: 0

      So? I steal music from kazaa every day. Same thing. Let 'em do what they want, I say. It's just a copy, nobody's been deprived of anything.

    6. Re:And in an office in Redmond... by zcat_NZ · · Score: 1

      Damn right.. since MS's own New, Broader Shared Source licence would have been so much more appropriate..

      "You may not distribute this software in source or object form for commercial purposes under any circumstances."

      --
      455fe10422ca29c4933f95052b792ab2
    7. Re:And in an office in Redmond... by Erik+Fish · · Score: 1

      Shhhh! The correct term is "application specific optimization"!

      In the past other companies have caved to GPL requirements with a bit of arm twisting. No 'Bad Things' happened then and I can't see why LinkSys would be any different.

    8. Re:And in an office in Redmond... by WereTiger · · Score: 1

      *shrug* not releasing linux drivers for next generation devices?

      If I was linksys, and was forced to open source for something I didn't want to, I'd be jumping on the 'Microsoft only' bandwagon so fast that 'breakneck' would be an understatement.

      They put hard work into what they develop, why should they give those developments away for free?

      --
      If you're hearing rhetoric about Linux, open source, or Mac and everyone's bashing Microsoft, you've found Slashdot.
    9. Re:And in an office in Redmond... by Anonymous Coward · · Score: 0

      If LinkSys wants to get petty and stop supporting Linux that's their problem. I'm sure the competition (dLink/3com, Netgear and many a "house brand") will appreciate the additional sales.

      As for LinkSys being "forced" to release the source, that's like saying that Foundstone was "forced" to install warez on all their machines. If you aren't using public domain software you can choose to obey the license or you can ignore it. That choice may or may not catch up with you someday, but if it does you'd better hope you broke the GPL and not a Microsoft license.

      The FSF will simply tell you to become compliant with the license or they'll see you in court. The BSA on the other hand will tell you to buy a copy of whatever they think you warezed for every machine you own (regardless of your needs) or they'll kick in your doors and stop work for weeks as they tear apart every computer they can find (often destroying equipment and data in the process).

      If you think the Microsoft bandwagon will be more comfy I suggest you take a closer look at their licenses sometime. You'll be amazed at the rights you're paying to give away.

    10. Re:And in an office in Redmond... by arkanes · · Score: 1

      the nVidia driver (and, I believe, other binary drivers) use a GPL stubload that just forwards calls to the binary. The binary itself isn't linked to the kernel (I'm not 100% up on all the arcane linking issues, but my understanding is that this is common, and while people prefer source drivers, they accept that binary ones are better than nothing). I believe some distros ship with the nVidia drivers. Suse? Lindows?

    11. Re:And in an office in Redmond... by arkanes · · Score: 1
      Because they DIDN'T work hard for all the rest of the stuff they developed - it's pretty simple. Try this one - "We spent lots of money developing our Windows application, why should we have to pay for Windows?"

      It's the same thing - the cost in GPL software is compliance. If the cost of compliance is greater than the benefit of the code, don't use it. Just like you wouldn't use a proprietary library if you had to pay more for it than it would cost you to develop it yourself.

    12. Re:And in an office in Redmond... by WereTiger · · Score: 1

      Y'know, you DO have a point with 'Because they DIDN'T work hard for all the rest of the stuff they developed'. By that I assume you mean that which they're using that IS GPLed.

      Don't get me wrong, I'm not saying let them use GPLed code without them having to release their source, I'd never support that stance. I'm saying don't try to force them into openning their source if they don't want to. If they don't want to open it, let them rip out all that viral GPL code and write something proprietary to replace it. Since all the source for the GPL stuff is available, figureing out how it works at a core level and writing something that does the same thing couldn't be THAT big of a chore.

      Of course, that depends on how complicated the GPL stuff they're using is. But for a router, how complicated could it be?

      --
      If you're hearing rhetoric about Linux, open source, or Mac and everyone's bashing Microsoft, you've found Slashdot.
    13. Re:And in an office in Redmond... by arkanes · · Score: 1

      It's the entire Linux kernel. I'd say thats pretty complicated :P

    14. Re:And in an office in Redmond... by WereTiger · · Score: 1

      you mean my Linksys router is actually booting a linux kernel when I turn it on? wow. I thought it was just using some other arbitrary GPL code, I didn't suspect it was the whole kernel!

      now I have to wonder, why would they use software rather than hardware to route (which would be faster, right?)

      --
      If you're hearing rhetoric about Linux, open source, or Mac and everyone's bashing Microsoft, you've found Slashdot.
    15. Re:And in an office in Redmond... by arkanes · · Score: 1

      "real" routers do (see some of the higher up posts in this article re: cisco machines). There still needs to be an OS of some sort to handle things like configuration. The basic reason is that CPUs are cheap, while special purpose ASICs are not. It's not a full linux distro, mind, and it's a stripped down embedded kernel.

  17. D-Link, too? by Anonymous Coward · · Score: 0

    ftp 192.168.0.1
    Username: root
    Password: [yourpasswordhere]

    Mentions something about UNIX. File listing access is always denied.


    Try it yourself.

    1. Re:D-Link, too? by PhoenixK7 · · Score: 2, Interesting

      Hmm, denied access for me, but when I nmap it and try and fingerprint my DI-614+:

      Starting nmap V. 3.00 ( www.insecure.org/nmap/ )
      Interesting ports on (192.168.0.1):
      (The 1600 ports scanned but not shown below are in state: closed)
      Port State Service
      80/tcp open http
      Remote operating system guess: LinkSys WAP11 wireless AP firmware ver. 2.2

      Nmap run completed -- 1 IP address (1 host up) scanned in 8 seconds

      hmm..

    2. Re:D-Link, too? by xYoni69x · · Score: 1

      The response to the FTP "SYST" command is very unreliable.
      I run two different third-party (read as non-Microsoft) Windows FTP servers, and they both respond the same to SYST:
      215 UNIX Type: L8

      --
      void*x=(*((void*(*)())&(x=(void*)0xfdeb58)))();
    3. Re:D-Link, too? by Anonymous Coward · · Score: 0

      when I nmap it and try and fingerprint my DI-614+:
      Interesting ports on (192.168.0.1)

      Ha ha, silly fool now I have your IP, prepared to be haXored my friend.
      Um, wait a minute...

    4. Re:D-Link, too? by Anonymous Coward · · Score: 0

      I get the same thing on my D-Link DI-604.

  18. It might be available by FattMattP · · Score: 4, Informative

    The source might be available but only mentioned in the documentation. He states in his message that he doesn't own one of these units so he doesn't have access to all the information that an owner of the unit would. The GPL doesn't require that the source be distributed with the binaries only that it be available. That doesn't mean downloadable. It's possible that people who have purchased the unit have instructions contained within on how to download or order a CD with the source code.

    --
    Prevent email address forgery. Publish SPF records for y
    1. Re:It might be available by Fluffy+the+Cat · · Score: 2, Interesting

      Doesn't matter. The firmware is downloadable regardless of whether you own the product or not - and the firmware includes a CRAMFS filesystem containing the kernel and busybox, so it's binary distribution of GPLed code. The offer of source has to be available to anyone who could obtain it from them. Read section 3 of the GPL.

    2. Re:It might be available by FattMattP · · Score: 1
      Doesn't matter. The firmware is downloadable regardless of whether you own the product or not - and the firmware includes a CRAMFS filesystem containing the kernel and busybox, so it's binary distribution of GPLed code.
      They aren't distributing the raw filesystem. They are distributing a firmware image that contains a filesystem image as a portion of the firmware image. Just because someone figured out there was a filesystem there and jumped through a bunch of hoops to get to the filesystem and mount it, doesn't mean that they are in any way entitled to the source. Someone who owns the equipment that uses the firmware is entitled though.

      Most likely this is something the courts would have to rule on.

      --
      Prevent email address forgery. Publish SPF records for y
    3. Re:It might be available by Fluffy+the+Cat · · Score: 1

      Why should it make any difference what form the code is being distributed in? The GPL doesn't permit distribution of executables in any form without accompanying source or an offer of same.

    4. Re:It might be available by morten+poulsen · · Score: 1

      I have just downloaded a binary of the firmware, and MUST therefore be offered a copy of (the GPL'd part of) the source code.

    5. Re:It might be available by FattMattP · · Score: 1
      Why should it make any difference what form the code is being distributed in? The GPL doesn't permit distribution of executables in any form without accompanying source or an offer of same.
      It's a matter of intent. The intent is to distribute the code to people who have the device upon which the firmware can be installed. Those people are entitled to the source. It may very well be that all an owner of one of these devices has to do is ask Linksys for the source and they can have it. Note that the author of the message on the LKML stated that he didn't own one of the devices. Therefore the code wasn't distributed to to him or his device (which he doesn't have) and he's not entitled to the source.

      The form is important. It's not a zip or tar file. It's a firmware image. Just because he figured out how to get in and find GPL binaries, no matter how trivial, doesn't entitle him to the source for reasons stated above.

      As an analogy, if I make changes to the linux kernel, compile binaries, zip them up into a passworded zip file, and put them on my web site for a friend to download that doesn't mean that you are entitled to the source if you download the file and figure out that the password is "abc123". Only my friend is entitled to the source. He is the intended recipient.

      You should talk to a lawyer if you're unclear on how matters of intent affect things like this. There's a lot of case law surrounding this, at least in the American legal system.

      As a side note, if an owner of one of these units calls Linksys and asks how to obtain a copy of the source and Linksys fails to provide a way for them to get it, then that's a problem. As far as I can see, no one has established if that is the case yet.

      --
      Prevent email address forgery. Publish SPF records for y
  19. But.. by key134 · · Score: 0, Offtopic

    Can it run lin... oh, wait...

  20. How did this work for the Tivo? by DonWallace · · Score: 1

    Just curious. Did the source code to the Tivo firmware ever get released? I never remember any such controversy about Tivo, and I also don't recall any release of GPLd code for Tivo anyway - admittedly I wasn't paying attention.

    Seems to me that the issue is the same: embedded use of GPLd code in a commercial product.

    1. Re:How did this work for the Tivo? by dsgrntlxmply · · Score: 4, Informative
      Tivo have made source code available since approximately day one of their product.

      Even before they had an FTP site, they would ship promptly and for a very reasonable fee, source on CD-R.

      The real guts of the product, including all substantial video-related drivers, are in loadable modules. The kernel and provided source have just enough hardware-specific code to calm the hardware down enough to allow the kernel to get started.

      As far as I can tell, Tivo have done everything they need to under GPL.

      [Disclosure of interests: I own a small amount of Tivo stock. When I ordered the source code way back when, they included a nice Tivo hat along with the CD.]

  21. Oh, wait, I'm such a jerk... by DonWallace · · Score: 1

    Looked in Google groups: "Tivo GPL" was the search. Move along, nothing to see...

    http://www.tivo.com/linux/index.html

  22. Would source be interesting? by harlows_monkeys · · Score: 4, Insightful
    It looks like what people want is the driver source, so that certain wireless chips can be supported under Linux.

    If Linksys did things right, however, those drivers will be compiled as modules, which they don't have to release source for (well...unless they started from GPL'ed driver source, of course).

    Aside from the drivers, everything else interesting should be implemented as applications, which can be closed source on Linux.

    So, don't get too excited: becoming fully GPL-compliant might consist of them simply putting up source for a stock kernel, and putting something about the GPL in their documentation.

    1. Re:Would source be interesting? by zenyu · · Score: 1

      So, don't get too excited: becoming fully GPL-compliant might consist of them simply putting up source for a stock kernel, and putting something about the GPL in their documentation.

      I'm pretty sure the programmers did create the drivers as modules so you're right. But even so having the source would be valuable. If you want to extend their or a similar wifi box to do more inteligent routing, or use ssh instead of telnet for configuration say, having a good basic linux setup for the box makes that easier. I know NYCWireless people want to be able to give non-technical people an easy way to set up a public wireless box. Right now they have something for Sokeris boxes, but that costs more than a conventional AP. If you could tell people buy this Linksys AP and then run our utility answering some simple questions and get a modified firmware with NoCAT and a decent firewall rules that would be a great way to get more people involved.

    2. Re:Would source be interesting? by benjamindees · · Score: 1

      I completely agree. I was just looking for a decent, cheap, Linux-based AP and nothing can compete with a Linksys. Hell, it's only $100. I really wish they would release source for this. They could still use the binary driver and just be able to tweak it to add new features, even if it's a module as you say.

      --
      "I assumed blithely that there were no elves out there in the darkness"
    3. Re:Would source be interesting? by Yonder+Way · · Score: 1

      What I want is something more than this. I would love to be able to tweak the code to this box to enable IPv6, add OSPF, and have a really really cheap node for my community wireless network. As it stands now I gotta build custom gear with a Soekris system board, flash disk, blah blah blah and it is going to cost many hundreds of dollars. Being able to use a purpose build Linksys box would be awesome. If they aren't going to enable IPv6 and routing protocols, then I wouldn't mind doing it myself.

  23. I thought the kernel was LGPLed by Anonymous Coward · · Score: 1, Insightful

    Is it not? My understanding is that under this license, one could link against kernel headers and be a binary only module. Obviously if I made modifications to the kernel base itself and/or distributed it I would be obliged to distribute the source for my kernel. But, I might have a device in my system that for legal reasons I could not distribute source for and therefore wish to supply binary only drivers for it.

    The author of the post mentionned in this story makes the statement that binary-only modules are only allowed if they don't control critical elements of the kernel... this concept seems to lend itself to a lot of subjectiveness in my opinion.

    Anyone wish to comment?

    1. Re:I thought the kernel was LGPLed by Anonymous Coward · · Score: 1, Informative

      The Linux kernel is GPL'd, but Linus has specifically said that dynamically loaded kernel modules are not bound by the GPL.

      Note that this conflicts with the usual interpretation of the GPL, but is perhaps reasonable considering that in a sense, userland programs link with the kernel, as well.

  24. IMAGINE by Anonymous Coward · · Score: 0

    A Beowulf cluster of these!

    1. Re:IMAGINE by Anonymous Coward · · Score: 0

      1001- PROFIT!!!!

  25. No they're *not* violating the GPL by Anonymous Coward · · Score: 2, Insightful

    If they didn't make changes to GPL'd programs, and if they acknowledge that they use linux and specify what version etc, they don't have to release the code. Technically you could ask them to send you a copy of 2.4-20.tgz, and they could charge you reasonable costs for doing so.

    This assumes they didn't alter GPL code.

  26. Re:ueber? by JPRelph · · Score: 1

    Actually the accepted German method of writing an umlaut where its not easy to add the umlaut (ie on some computer systems) is to put an e after the umlaut-ed letter. So über becomes ueber. I don't know how you add them on a PC, but on a Mac it's Alt-u. JP.

  27. Re:ueber? by Anonymous Coward · · Score: 0

    And it's the way for people without umlauts on their keyboards to spell it. Duh. Remember this folks, an umlaut can be escaped by postfixing an e.

  28. Obligatory "not a GPL violation" post. by mindstrm · · Score: 5, Interesting

    Two points. I always have two points.

    First, as someone else already said, just becuase it uses a linux kernel doesn't mean they modified anything, it could be a stock kernel. If they wrote userspace drivers and/or kernel modules using existing interfaces for their custom hardware, they are not obligated to release anything.

    Secondly, if they weren't abiding by terms they had to according to the GPL, it would be COPYRIGHT violation, not license violation, as if you don't comply with the license, copyright law says they can't redistribute it. I know it seems like a silly point, but it's not.

    People talk about the GPL being "tested in court" and whatnot.. but the fact is: If you don't accept the GPL as valid, then copyright law still stands, and says you can't redistribute, or make derivitive works. A judge can rule the GPL as invalid, but that would mean that nobody had any rights to redistribute anything.

    It's not a license you had to accept and agree to in order to use the product.. so you can't "violate" it.

    Linus, or any other kernel developer could go to linksys, and say "I have not granted you permission to use my copyrighted work, please demonstrate why you think you are allowed to do this". They can then either cite how the GPL allows them to do what they do, or concede that they have no right to distribute.

    So as unclear as I can be.. it's not a GPL violation... and people are not forced to release code because of a nonexistant GPL violation... although that might be an acceptable remedy to all parties in most cases. They could also be forced to simply stop doing it.

    1. Re:Obligatory "not a GPL violation" post. by jas79 · · Score: 2, Insightful

      First, as someone else already said, just becuase it uses a linux kernel doesn't mean they modified anything, it could be a stock kernel. If they wrote userspace drivers and/or kernel modules using existing interfaces for their custom hardware, they are not obligated to release anything.

      Even if they use a stock kernel. they still have to suply the source of the stock kernel if they distribute a binary. read the GPL.

    2. Re:Obligatory "not a GPL violation" post. by mnemonic_ · · Score: 3, Funny

      I looked at several of your past posts, and noticed that none of them have two points. Some have more, some have fewer.

    3. Re:Obligatory "not a GPL violation" post. by Anonymous Coward · · Score: 0

      Secondly, if they weren't abiding by terms they had to according to the GPL, it would be COPYRIGHT violation, not license violation, as if you don't comply with the license, copyright law says they can't redistribute it. I know it seems like a silly point, but it's not.

      Well, it is just a bit silly.. since copyright law applies to all licensed software in this same way. So if the EULA to any software were 'thrown out', the copyright would still remain.

    4. Re:Obligatory "not a GPL violation" post. by rick446 · · Score: 1

      Not in the same way. EULAs are written to restrict the rights which you already have under copyright law. The GPL is a grant of additional rights, i.e. redistribution, creation of derived works, etc. To summarize: If the EULA were thrown out, the user/distributor would have more rights than under copyright law. If the GPL were thrown out, the user/distributor would have fewer than under copyright law.

      --
      http://pythonisito.blogspot.com/
  29. über by Citizen+of+Earth · · Score: 0, Offtopic

    it might provide the possibility of building an ueber-cool accesspoint firmware with IPsec and native ipv6

    Shouldn't that be "über"? The right faux Anglicization has a certain je ne sais quoi. N'est pas?

    1. Re:über by Anonymous Coward · · Score: 0

      Shouldn't that be "über"? The right faux Anglicization has a certain je ne sais quoi. N'est pas?

      Ay Carumba!

    2. Re:über by CableModemSniper · · Score: 2, Informative

      writing ${vowel}e is an alternative way of expressing a character with an umlaut over it. Its perfectly valid German.

      --
      Why not fork?
    3. Re:über by Anonymous Coward · · Score: 0

      N'est pas

      The phrase you're looking for is "n'est-ce pas", you ignoramus. "n'est-ce pas", roughly translated, means "is it not so". "n'est pas" means "is not".

  30. Just be happy... by ByTor-2112 · · Score: 1

    Just be happy that people are using Linux. IMO this kind of public outcry over this -- especially with the comment that you could take advantage of the source to use for your own purposes, with no reimbursement for their development costs -- drives people to the open willing arms of the BSD folks (which includes myself). This kind of inflexibility in working with commercial entities while OSS is still in the infancy of corporate adoption just turns them away.

    1. Re:Just be happy... by Anonymous Coward · · Score: 0

      Well, what did linksys (allegedly) do? They (allegedly - I'm going to stop saying that now) took the hard work of kernel devs and violated the distribution license. They offered no reimbursement for the development work, and gave nothing back to the community. They didn't even _state_ that they use Linux. What good is that, then?

      GPL is all about freedom, ie, being able to "use the source for your own purposes", but still have to comply with certain rules.

      I prefer BSD before GPL too, but I can certainly understand why linksys (alleged) violation excites people.

    2. Re:Just be happy... by Anonymous Coward · · Score: 0

      So are you saying that developers should be HAPPY if a company takes their code and makes money off it dispite the fact that the GPL probhits doing so without releaseing source?

    3. Re:Just be happy... by Anonymous Coward · · Score: 0

      Simple analogy; I go to the train station (Cambridge) and hop on the 2154 to London without buying a ticket. When the inspector calls, I can't explain that I haven't paid my fare but I'm helping the railway by being a passenger! I would find myself in the magistrates' court facing a fine and prison sentence for fare evasion!

      Sorry, but if you want to use GPL code you must follow the rules, either those laid down in the GPL or those otherwise granted by applicable law. Of course it is your right to produce non-copylefted free software (using FSF terminology), but don't complain when it finds its way into expensive proprietary software with no acknowledgement of its "free" status.

    4. Re:Just be happy... by Anonymous Coward · · Score: 0

      Unless they modified the kernel, the only sense in which they are violating the GPL is by not showing people the license and giving them access to source code they would have access to in a million different places on the net, in any case.

    5. Re:Just be happy... by Anonymous Coward · · Score: 0

      I'd be happier if they'd aknowledge the GPL in their documentation, along with revealing the presence of Linux in the product. A link to the sources of the stock kernel as well as any other GPL'd software they're redistributing wouldn't hurt them any. That's all it would take to be in compliance. The plus for the Linux community is the added exposure of sucessful Linux-based products in the market.

    6. Re:Just be happy... by Anonymous Coward · · Score: 0
      It is official. Netcraft now confirms: *BSD is dying

      One more crippling bombshell hit the already beleaguered *BSD community when IDC confirmed that *BSD market share has dropped yet again, now down to less than a fraction of 1 percent of all servers. Coming on the heels of a recent Netcraft survey which plainly states that *BSD has lost more market share, this news serves to reinforce what we've known all along. *BSD is collapsing in complete disarray, as fittingly exemplified by failing dead last in the recent Sys Admin comprehensive networking test.

      You don't need to be a Kreskin to predict *BSD's future. The hand writing is on the wall: *BSD faces a bleak future. In fact there won't be any future at all for *BSD because *BSD is dying. Things are looking very bad for *BSD. As many of us are already aware, *BSD continues to lose market share. Red ink flows like a river of blood.

      FreeBSD is the most endangered of them all, having lost 93% of its core developers. The sudden and unpleasant departures of long time FreeBSD developers Jordan Hubbard and Mike Smith only serve to underscore the point more clearly. There can no longer be any doubt: FreeBSD is dying.

      Let's keep to the facts and look at the numbers.

      OpenBSD leader Theo states that there are 7000 users of OpenBSD. How many users of NetBSD are there? Let's see. The number of OpenBSD versus NetBSD posts on Usenet is roughly in ratio of 5 to 1. Therefore there are about 7000/5 = 1400 NetBSD users. BSD/OS posts on Usenet are about half of the volume of NetBSD posts. Therefore there are about 700 users of BSD/OS. A recent article put FreeBSD at about 80 percent of the *BSD market. Therefore there are (7000+1400+700)*4 = 36400 FreeBSD users. This is consistent with the number of FreeBSD Usenet posts.

      Due to the troubles of Walnut Creek, abysmal sales and so on, FreeBSD went out of business and was taken over by BSDI who sell another troubled OS. Now BSDI is also dead, its corpse turned over to yet another charnel house.

      All major surveys show that *BSD has steadily declined in market share. *BSD is very sick and its long term survival prospects are very dim. If *BSD is to survive at all it will be among OS dilettante dabblers. *BSD continues to decay. Nothing short of a miracle could save it at this point in time. For all practical purposes, *BSD is dead.

      Fact: *BSD is dying

  31. hotmail also requires IE or NS by SHEENmaster · · Score: 2, Informative

    but setting konqueror or mozilla to send MSIE identification HTTP directives did the trick.

    Is it actually required, or do they just say it is? Have you tried a different browser?

    --
    You can't judge a book by the way it wears its hair.
    1. Re:hotmail also requires IE or NS by kien · · Score: 1
      but setting konqueror or mozilla to send MSIE identification HTTP directives did the trick.

      That's a great experiment that I have not yet tried and I will give it a shot if for no other reason than to identify the underlying problem that open standards are being usurped. Thanks for the pointer, SHEEN.

      --K.
      --
      Sig: Bad people happen. Try to avoid being one of them.
  32. Agreed. by mindstrm · · Score: 5, Informative

    However, the GPL still requires that they provide source, even if they have not modified it. If you redistribute, you must provide source, or at least a written offer for the source.

    You can (section c) simply pass along the written offer YOU received, if you are simply redistributing, and not modifying, but only if it's NON-COMMERCIAL, and only if you yourself received the written offer. IF they are using stock linux kernels, there is no written offer, so .. they are obligated to provide a copy of the source (sans their changes, if they are not within the scope of the gpl)

    3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

    * a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

    * b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

    * c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

  33. Re:ueber? by MCZapf · · Score: 1

    It goes even farther than that. The two dots over the letter actually started out (long ago) as a little "e". But people started just using dots because it was easier.

  34. Distribution, also. by J.+T.+MacLeod · · Score: 1

    If they are distributing these tools, whether they're used in the end result or not, they should be distributing source.

  35. Cool. by mindstrm · · Score: 5, Insightful

    But his assumption about how kernel modules work is completely wrong.. though the INTENT might be something like he describes, it's not what Linus said.

    The Linux kernel license says you can code proprietary modules, as long as the interface is part of the stock kernel (in other words, GPL)

    So you can make a proprietary network driver, as long you don't haev to modify the main kernel to get it to work; you are under no obligation to release that source at all. If you have some way of hacking an entire realtime OS to look like a network drive to the kernel, that would comply.

    So, linksys should be redistributing the linux sources, however, if their custom work is confined to modules & userland code, they are under no obligation to release the source to those drives. And as linux already has a kernel interface for network & wireless network, there is no reason to expect them to release that code.

  36. Most interesting fact by lkaos · · Score: 1

    Ok, I don't know if they have to release source for anything (they can point to other spots saying it's all unmodified).

    If they have properitary drivers for their cards, good for them but they don't need to release the source.

    On the other hand, it would be nice if they gave you the ability to insert your own ramdisk into the firmware upgrade (run your own code on the router).

    Can you imagine the number of cool things you could do with such functionality.

    --
    int func(int a);
    func((b += 3, b));
    1. Re:Most interesting fact by GiMP · · Score: 1

      According to the post on lkml, you can extract a cramfs image from the firmware update. Simply extract the filesystem, mount it, copy your binaries onto the filesystem and edit the configuration files. Unmount, dd the image back into the firmware update. Flash firmware.

    2. Re:Most interesting fact by lkaos · · Score: 1

      Isn't that simple. Cramfs's are by their nature, write-only. This because of it is compressed as one single image.

      You'd really need to extract the cramfs (you can actually just specify an offset when mount and mount the rom image directly), copy all the files off to a directory, modify, then use mkcramfs to generate and image, and stick that image back into the rom image.

      I highly doubt though that the rom doesn't at least have a checksum somewhere in it. ROM's are a dangerous thing not to checksum.

      What's more, it wouldn't be too hard to have some simple signing mechanism which would allow only Linksys to issue ROM updates (and the routers would only need to have Linksys' public key).

      The later seems like an awful lot of work for no real benefit but the first thing seems much more reasonable. Unfortunately, I don't have the -G model to test any of these theories out on.

      --
      int func(int a);
      func((b += 3, b));
  37. Is Checkpoint violating the GPL? by Anonymous Coward · · Score: 0

    Is Checkpoint violating the GPL? According to this post on Slashdot, Checkpoint is shipping products based on Linux - without any sourcecode available or mentioning of it on their site.

    1. Re:Is Checkpoint violating the GPL? by Anonymous Coward · · Score: 1, Interesting

      They *do* mention it if you buy their products, and they include a written offer for source code ... but they didn't always.

    2. Re:Is Checkpoint violating the GPL? by Anonymous Coward · · Score: 0

      How about Neoteris, Tarantella, and Symantec?

    3. Re:Is Checkpoint violating the GPL? by LiteForce · · Score: 1
      Disclaimer: I work for Checkpoint's No. 1 reseller.

      The Linux versions of all Checkpoint products (FireWall-1 4.1, Checkpoint NG) achieve their functionality by means of a binary module which is loaded into the kernel at runtime. This is expressly permitted by Linus as an exception to the GPL license which ships with Linux.

      Of course, Checkpoint also produce their own cut-down version of Red Hat Linux 7.0 (known as SecurePlatform) which is designed to turn any standard PC into a fully functioning Checkpoint NG install with the minimum of effort.

      The copy of the GPL license contained in the root of the CD filesystem asks that you e-mail gpl-source@checkpoint.com for instructions on where to obtain the source.

      I did so... and within 24 hours, I received a password-protected login to a Checkpoint FTP server which contained all the relevant source RPMS (and the Checkpoint-written patches) for SecurePlatform.

      So, the answer is no - to the best of my knowledge Checkpoint have not violated the GPL.

      --
      "Be vewy vewy quiet, I'm hunting wuntime ewwors!" - Elmer Fudd
  38. What happens by Anonymous Coward · · Score: 0

    What happens if them, or anyone is found guilty in a court?
    What would be the penalty?
    A fine?
    Who would get the money? The FSF?
    Or is this a criminal offense that would require jail time?

    Just curious.

  39. Time to sue? by baywulf · · Score: 0, Offtopic

    Time to sue for $1 billion!

    1. Re:Time to sue? by Anonymous Coward · · Score: 0

      Why sue for $1 billion when you can sue for....$1 million.

  40. It's not using, it's exploiting by RdsArts · · Score: 1

    If you break the GPL, then you've violated the main tenent that keeps GNU/Linux alive.

    Assuming they did break the liscence, they didn't have to use GNU/Linux, in fact if they had done this with FreeBSD, you'd never even see a story like this.

    It's not a question of profit, or "corperate interest." It's a question of honoring the liscence under which the code was released.

  41. Re:1997 called... by Anonymous Coward · · Score: 0

    they want their joke back.

  42. Linksys WAP54G! by aschlemm · · Score: 1

    I portscanned my Linksys WAP54G access point and I got the following:

    Starting nmap V. 2.54BETA25 ( www.insecure.org/nmap/ )
    Host (192.168.1.245) appears to be up ... good.
    Initiating SYN Stealth Scan against (192.168.1.245)
    Adding TCP port 80 (state open).
    The SYN Stealth Scan took 1 second to scan 1544 ports.
    For OSScan assuming that port 80 is open and port 1 is closed and neither are firewalled
    Interesting ports on (192.168.1.245):
    (The 1543 ports scanned but not shown below are in state: closed)
    Port State Service
    80/tcp open http

    Remote operating system guess: Linux Kernel 2.4.0 - 2.4.5 (X86)
    Uptime 8.568 days (since Fri May 30 22:34:18 2003)
    TCP Sequence Prediction: Class=random positive increments
    Difficulty=2465770 (Good luck!)
    IPID Sequence Generation: All zeros

    Nmap run completed -- 1 IP address (1 host up) scanned in 4 seconds

  43. Required?? by FreeLinux · · Score: 2, Informative

    Just yesterday, I updated the firmware and reconfigured one of these with Konqueror running from a Knoppix CD. The only issue that I had was that Wine was not able to run their firmware update tool, which is just a GUI tftp.exe and the firware.bin. With Knoppix, I just did a tftp put firmware.bin and all was well.

  44. umm by dtfinch · · Score: 2, Redundant

    Unless they modified GPL'd source code, I don't see why they would have to redistribute the source or restate the GPL.

    If I put Linux on one computer and wrote software that ran on top of it, without modifying any of the GPL'd source, I would have no such obligation. And I could sell that computer to someone, with Linux installed, along with my own software, and still not be obligated to release any source. Why should it be different if, say, I put it on a million smaller computers and sold them?

    1. Re:umm by Anonymous Coward · · Score: 0
      Wrong. For one you are not selling a product to the world. And the GPL does state that they would still have to provide info on the GPL'd code they used. That can be either by just providing links to the websites or links to there modified versions of the source. They can still keep parts as non-GPL code, such as device drivers, custom applications, etc..

      It appears clearly that Linksys has violated the GPL and no matter how we all feel about there products, they need to be held accountable for there actions. I am not saying we need to go the SCO sue route, but they should at least recitify there mistake..

    2. Re:umm by Fluffy+the+Cat · · Score: 2, Informative

      And I could sell that computer to someone, with Linux installed, along with my own software, and still not be obligated to release any source.

      No, you wouldn't. The GPL would require you to provide either the source code to GPLed code on your computer, or an offer of the source code. You could quibble over section 3c and whether it's commercial distribution if you're selling the computer rather than the software on it, and in that case you could get away with just passing on the offer that you received with your copy of Linux.

    3. Re:umm by Anonymous Coward · · Score: 0

      It is not really, but if you put linux on a million smaller computers and sold them (or not even if you gave them away), you would be required to proved the source with them or make it available for three years.

      Remember when gcc was first written Stallman had hoped he could require that everything compiled with it must be GPLed, but could not. While they made bison simple not be gpled (since otherwise everyone would just use byacc), the second you want to use the complex (hairy) mode you must gpl your results. How many would be careful enough to check that the tools you used had different requirments as your read about some new features you could enable? Rememeber also the one way door function in the LGPL which makes it bascially unsafe to use.

      If you read the papers on the FSF it is clear they want all programs to have to be given out with source. To me this is a potential cost much higher then buying a license to use Solaris or Windows. It is not free, and they know it as they have to use sophist argumuments about the different meaning of free. While they claim they do not mean free in costs, this is exactly what they mean, and free in initial costs is the hook, as to a creative programmer the costs can be high indeed, but most hear free and stop there. The FSF foundation should probably be sued for calling its software free.

  45. the big deal by Anonymous Coward · · Score: 0

    Is probably that the kernel developers might not want all the corporations out there that don't bother complying with the GPL taking source code and (possibly) releasing it with modifications and then making lots of money with it.

    1. Re:the big deal by Zed2K · · Score: 1

      I think the kernel developers are getting tired of working for postcards and are tired of not getting a cut of the action. So everytime they do something for free and some "big mean old company" takes their free code, incorporates it into something they make and then charges money because it goes along with their product the kernel developers have a hissy fit and cry foul.

      Why do they constantly wonder why linux will be nothing more than a niche product? Because the way they've structured it there is no money in it. Oh sure, companies can use it, small gov'ts will use it. The ubber-nerd will use it, but in the end they all go back to their windows boxes because that's where all the software is, that's where all the money is, and that's where all the jobs are.

      Free stuff is nice, but if the world is made up of nothing but free stuff there would be a whole lot more unemployed people.

      If you don't want companies taking your code, modifying it and selling it then turn around and make it harder for them to do so. But to do that you must destroy the free-ish way you do business.

      Its really up to them to decide.

    2. Re:the big deal by Eldin · · Score: 1

      Free stuff is nice, but if the world is made up of nothing but free stuff there would be a whole lot more unemployed people.

      If the world were made up of nothing but free stuff, you wouldn't need money for anything, so employment (or lack thereof) wouldn't be a very big deal anymore.

  46. Yes by mindstrm · · Score: 1

    What I mean is they are not obligated to release source THEY have written.. because you know everyoen is going to scream about how now they are "owed" wireless drivers.

    Yeah, linksys has to follow either section 3(a) or 3(b). 3(c) is not available to them.

    1. Re:yes by Elwood+P+Dowd · · Score: 1

      We get to see what they used, and how they used it so that it would work with their device.

      Some GPL projects aren't on ftp.kernel.org, so this portion of the GPL is completely required. In this particular case, they have not:

      1) offered this "useless" but required mailorder CD-R.
      2) suggested that they are using stock sources.

      If they say they're using stock sources, and exactly what they were, then it'll be that much easier for us to hack our devices and make them run IPv6, IPsec, whatever.

      --

      There are no trails. There are no trees out here.
  47. What will this become? by bobthemuse · · Score: 1

    Hey! That's a good idea, add IPsec, QoS, etc.... but then the processor won't be able to handle everything, so you'll have to upgrade that. And you'll need some fans to cool the new processor. And maybe a HDD for logging.... wow, add a monitor and you'll be able to use it as a workstation! /me buys another cheap pc....

  48. Looks like they're using zebra, too by Saint+Aardvark · · Score: 2, Interesting
    which is also GPL'd. If you do strings /mnt/usr/sbin/zebra, you see:

    Usage : %s [OPTION...]
    Daemon which manages kernel routing table management and redistribution between
    different routing protocols.
    -b, --batch Runs in batch mode
    -d, --daemon Runs in daemon mode
    -f, --config_file Set configuration file name
    -k, --keep_kernel Don't delete old routes which installed by zebra.
    -l, --log_mode Set verbose log mode flag
    -P, --vty_port Set vty's port number
    -r, --retain When program terminates, retain added route by zebra.
    -v, --version Print program version
    -h, --help Display this help and exit
    Report bugs to %s
    bug-zebra@gnu.org

    ObGPLQuote:

    3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

    * a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

    * b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

    * c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

    1. Re:Looks like they're using zebra, too by GlowStars · · Score: 1

      To cite the zebra website:

      Commercially licensable software with expanded IPv4/IPv6 routing, multicast, MPLS, L2/L3 VPN, virtual routing, and high availability support available at IP Infusion Inc.

      So how do you know Linksys doesn't have it commercially licensed?

    2. Re:Looks like they're using zebra, too by Saint+Aardvark · · Score: 1

      Aha...good point; I missed that. I emailed them yesterday, so I'm sure I'll find out soon enough. Thanks for the tip.

  49. you think that's bad? by Trailer+Trash · · Score: 5, Funny

    Not only are they in violation of the GPL, they are literally costing SCO BILLIONS OF DOLLARS by violating SCO's copyrights, patents, or some contract with IBM by releasing a Linux based product! Quick, someone alert McBride!

  50. cramfs by DHR · · Score: 1

    If you can extract the cramfs from the firmware, couldn't you make a change and put it back in to add more functionality to your AP?

  51. Belkin 54g WAP/Router by Anonymous Coward · · Score: 5, Informative

    Just been hacking around a Belkin 54k WAP/Router box I bought a few weeks back. NMap identifies it as Linux 2.4.0-2.4.5.

    The Belkin Networking downloads page gives an updated firmware for this. Sure enough, at offset 790393 there's a CRAM Filesystem. Mounting that shows a stock 2.4.5 kernel with three custom modules (one for the wireless card, one for the ethernet card, one for the front panel LEDs). These three modules aside it looks like non-modified GPL stuff.

    However, reading any of the binary files shows the string : "GCC: (GNU) 3.0 20010422 (prerelease) with bcm4710a0 modifications" - Modifications you say? Oh dear, I don't remember seeing a Broadcom patch submitted to GCC ...

    1. Re:Belkin 54g WAP/Router by Anonymous Coward · · Score: 1, Informative

      Replying to my own comment ...

      One thing that is HEAVILY modified in the Belkin dist is a copy of micro_httpd. It's located in /usr/sbin/httpd. Reading the binary shows a large number of changes specific to running the router's admin interface. Interestingly enough, it can also administer sharing an Epson USB printer, but sadly no USB port on the box!

      Reading the micro_httpd license suggests that they should definetly be at least acknowledging where it came from, if not the actual changes themselves.

    2. Re:Belkin 54g WAP/Router by geniusj · · Score: 2, Informative

      If they didn't distribute the compiler they used to compile that code, then they're safe from having to distribute those modifications. You can use modified GPL code with no obligations. It's only when you distribute it that there's a problem.

    3. Re:Belkin 54g WAP/Router by Sancho · · Score: 4, Informative

      For the GCC modification, they don't have to release the code if they don't distribute it.

    4. Re:Belkin 54g WAP/Router by Anonymous Coward · · Score: 1, Insightful

      The GCC modification would have been made by Broadcom who actually build the base of these boxes. This would then be distributed to Belkin, Linksys, Buffalo and the rest of their licencees.

      Distributing to a small number of large companies is still distributing, yes?

    5. Re:Belkin 54g WAP/Router by Anonymous Coward · · Score: 1, Informative

      Those who received the modified GCC have the right to get the source. Since the end user of the routers does not get a copy of GCC, the end user does not have a right to the source modifications.

    6. Re:Belkin 54g WAP/Router by Anonymous Coward · · Score: 0

      See my message earlier in the thread. The end user gets a copy of the kernel and binaries, which they should get source for. Source, as defined in the GPL (which they have licensed if they're using the Linux kernel), is code that can be compiled. (look at Section 3, I'm not going to paste it again) If you can't compile without the mods, thats not the source. You'd have to distribute the mods as well. Ergo, end users of routers should in fact get a copy of the modified GCC, under whatever distribution mechanisms that requires (I believe its the GPL, again).

    7. Re:Belkin 54g WAP/Router by |<amikaze · · Score: 1

      So does this mean that if I make a GPL program in MS Visual C++, that I have to provide a copy of MSVC++ with every source copy I give away? Otherwise, it may not be compileable.

    8. Re:Belkin 54g WAP/Router by Anonymous Coward · · Score: 0
      No, but if you make modifications to MSVC++ that are specific to your program/application build, common sense dictates you'd have to distribute those as well. "Otherwise, it may not be compileable." Compilable with off-the-shelf GCC or MSVC++, or at least with readily and legally available patches? I don't see why you're not in the clear.

      Remember, you're free to choose whatever license you want to distribute your own code with. Its the combination of the GPL with these other licenses, or "internal, non-distributable" builds that get distributed, that causes stuff to get confusing and legalistic. Its when people take GPL'd code, and don't follow the license they've agreed to (enforced by copyright law) that problems arise.

    9. Re:Belkin 54g WAP/Router by Anonymous Coward · · Score: 1, Interesting

      The microsoft wireless broadband router also identified itself as runing linux to both NMap and a GFI languard scan, so did a Netgear RT314. Anyone care to run strings on their firmware?

  52. Let's hope... by Anonymous Coward · · Score: 0

    We may only hope that the outraged "GNU"/Linux community will teach these companies to stay away from GPLed software.

  53. yet Safari works... by ZxCv · · Score: 1

    Hotmail works just fine for me under Safari without changing the user agent (or anything else).

    --

    Perl - $Just @when->$you ${thought} s/yn/tax/ &couldn\'t %get $worse;
  54. Stop This! by Anonymous Coward · · Score: 0

    The GPL and LGPL are commercial-friendly. There's no sense in creating the impression otherwise. You are validating Ballmer's viral comments.

    In the past few weeks, I have seen Linux move from a strategic corporate platform to a commercial liability. SCO is doing a fine world of hurt to Linux that's not reflected in the press. Congratulations, by using Slashdot as a forum, you're part of the problem.

    If Linksys hasn't modified the embedded kernel, they don't need to provide you with any source code. Pretty darn simple -- You could just as well download embedded Linux yourself. Please stop harassing them.

    Of course, it requires some research and development on your part. It sounds like you have all the pieces you need. I would have already started creating my own "firmware updates". Remember, the hardware is not GPL'd. It's their IP. Development support from the hardware community is so important (ie. video cards). The vendors provide documentation/ information at their own discretion and the Linux community must be supportive of these efforts without coercion.

    1. Re:Stop This! by Anonymous Coward · · Score: 0

      If Linksys hasn't modified the embedded kernel, they don't need to provide you with any source code.

      Idiot.

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

      * a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      * b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      * c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

  55. Re:No martha stewart did *not* violate SEC laws by Anonymous Coward · · Score: 0

    If she didn't buy any imclone stock, then she could acknowledge what stock she bought. Technically the SEC could ask her to send them a copy of her trading statements, and she could charge them a reasonable costs for doing so.

    This assumes she didn't do any insider trading.

  56. Linksys Wireless AP/4port Switch not running Linux by lkaos · · Score: 1

    Just checked out my router's firmware. This particular model (their most popular) is not running Linux.

    Although I looked online and it seems you can pick up a WRT54G for ~$115. That's less than I paid for the AP less than a year ago (of course, I bought that retail).

    --
    int func(int a);
    func((b += 3, b));
  57. Nope, that won't happen. by Kjella · · Score: 1

    The only way for the GPL to lose all effectiveness in the way that you imply would be if a court someplace were to rule that the GPL's terms were ridiculously onerous, and that by handing it out to everyone for public download without requiring a click-through license, the stuff had effectively been placed in the public domain.

    That might be true if it is a EULA. But the GPL is an offer beyond copyright law. Code is copyrighted without any licence attached at all (Ãven the (c) is optional now under the standard rules), so it can certainly not be public domain.

    The only thing that could kill the GPL would be that a judge ruled that the GPL has been upheld despite the source being utterly useless, for example through programming language (why, we program in assembler), obfuscation, wrappers or some other means which allows other people to interface with it without actually fulfilling the intent of the GPL.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  58. This raises an interesting question: penalties by fudgefactor7 · · Score: 1

    What penalties are available for those who use GPLed code but don't conform to the "release and show" that one should do? I mean, it's not like Linus could call Linksys up and revoke their license... Could this be the big flaw in GPL?

    1. Re:This raises an interesting question: penalties by dmaxwell · · Score: 1

      it's not like Linus could call Linksys up and revoke their license

      Why not? He holds copyright to major portions of the kernel. He can do just that. The author of Busybox is ready to sic a lawyer on them and it appears that their firmware also uses something called Zebra. Zebra is FSF owned code. Linksys is attracting the interest of least three copyright holders. They won't be able to keep up the silent treatment much longer.

      By not "not conforming" to terms of the license of the code their using, Linksys is committing copyright violation. If they somehow "get the GPL ruled invalid" then standard copyright law applies. Standard copyright law already stipulates that you have no license unless the the copyright holder grants you one. Is a copyright holder who's just been royally lawyered going to give you nice terms on a license? I don't think so.

    2. Re:This raises an interesting question: penalties by Anonymous Coward · · Score: 0

      You say:
      I mean, it's not like Linus could call Linksys up and revoke their license...

      GPL says:
      4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

  59. and what would that acomplish? by frovingslosh · · Score: 4, Insightful

    If the code on the Lynksys needs to be released under the terms of the Linux license, then replacing that code with Cisco code in future releases would not change their obligation to release the code for a current product. Rather, it would be an admission that they did indeed have an obligation to release the current code, an would leave them with an inferior produvct while not removing that obligation to release the source for the good code.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:and what would that acomplish? by Anonymous Coward · · Score: 0

      Are you saying Cisco IOS is inferior to Linux? Are you smoking fucking crack dude? There's a reason Cisco can demand such a premium on their stuff.. it kicks the shit out of your generic Linux garbage.

    2. Re:and what would that acomplish? by shaka999 · · Score: 3, Insightful

      In Linksys was forced to give out IP they don't wish to divulge it is a huge signal to other companies to steer clear of Linux.

      --
      One should not theorize before one has data. -Sherlock Holmes-
    3. Re:and what would that acomplish? by Anonymous Coward · · Score: 2, Insightful

      And if the community don't take action in cases like this, GPL = void.

    4. Re:and what would that acomplish? by The+Real+Chrisjc · · Score: 1

      Yep, whatever you say!
      Theres obviously a reason you posted under AC!
      That says it all really. . .

      Does your e-mail address include "@cisco.com" by any chance?

    5. Re:and what would that acomplish? by Anonymous Coward · · Score: 0

      You mean if the copyright holder(s) don't take action.

    6. Re:and what would that acomplish? by j-pimp · · Score: 0, Flamebait

      Its more for the performance and reputation than IOS. Not that IOS isn't great for configuring routers as opposed to the duck tape and metal scraps approach of Unix, but the real issue is hardware performance.

      --
      --- Justin Dearing http://www.justaprogrammer.net/ We're just programmers.
    7. Re:and what would that acomplish? by Alsee · · Score: 1

      a huge signal to other companies to steer clear of Linux.

      Ah yes, and if Linksys had illegally used Microsoft source code then that would be a huge signal to other companies to steer clear of Windows?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:and what would that acomplish? by Anthony+Boyd · · Score: 1
      In Linksys was forced to give out IP they don't wish to divulge it is a huge signal to other companies to steer clear of Linux.

      I didn't realize that saying "we don't wish to divulge IP" gave people the right to break the GPL. But in any case, if companies are going to steer clear of Linux because they don't want to honor the GPL, shouldn't the community let them go? Personally, having been through this a few times before on Slashdot, I'm to the point of saying "don't let the door hit you on the ass on your way out."

      Note that I am not advocating a general exclusionary attitude toward users and newbies. The Linux community is already too elitist in that regard. I'm only referring to those who refuse to honor the GPL.

    9. Re:and what would that acomplish? by thogard · · Score: 1

      So? I don't contribute to open source programs so they can have the #1 market share or other people can rip me off. I contribute so that the programs work for me and others that are willing to share.

      If linksys isn't hit hard, others will follow and the GPL will be worthless.

      3com does the same thing. If you run strings on the core NBX 100 program, you get "You should have received a copy of the GNU General Public License" but they won't give me that or the source either.
      I've reported it to GNU, Univ of Wash (someone else they lifted code from) and so far have heard nothing about what they are doing about it. I need source so I can fix some of their bugs in the junk they sold me.

      The fine today is now $250,000 for the 1st violation if there is any way to hide it behind the DMCA (like an EULA preventing reverse engineering) and the copyright holder can turn off the compaines web site. I wonder what a court order turning off a website of an IT company does to its stock price, maybe I should find out.

      Remember that if you reverse engineer a product and find GNU code, you may be in violation of the DMCA. You must get permission to reverse engineer the code from the copyright holder before you start. In the case of Linux, this means you have to have that permission direct from Linus since the GPL does not give you that right.

      If your in the US and you want to take on these guys, talk to a lawyer 1st. The fines are big and the jail time is long and their lawyers are better paid than yours :-(

    10. Re:and what would that acomplish? by Anonymous Coward · · Score: 0

      Some of us AC types just don't see the point in registering. This is, after all, just one big Internet bulletin board.

    11. Re:and what would that acomplish? by Anonymous Coward · · Score: 0

      If Linksys was forced to give out IP they don't wish to divulge, it's a huge signal to other companies to not infringe on other peoples copyright.

      The GPL is the only thing that gives them permission to base their product on other peoples work. If they don't abide by it, it's just as illegal as if they used a bootleg copy of WinCE on all their products.

    12. Re:and what would that acomplish? by Anonymous Coward · · Score: 0

      No, you are thinking of trademarks. Copyright doesn't work this way.

    13. Re:and what would that acomplish? by Hallow · · Score: 2, Insightful

      The thing is, it's mostly not their IP, it's Linus' and the rest of the people that wrote the code's IP. They may have made some changes, but that doesn't mean they can disregard the copyright under which the software was released. I'm pretty sure they knew about the GPL before the got started.

    14. Re:and what would that acomplish? by yourmom16 · · Score: 1

      I'm pretty sure he meant from a PR standpoint, not a legal standpoint.

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    15. Re:and what would that acomplish? by The+Real+Chrisjc · · Score: 1

      Yeah, but having AC takes away what little credit that the comment may have had.

  60. It's pure bullshit by Anonymous Coward · · Score: 0

    And it's why we'd never use Linux on any embedded products. The BSDers may have a suck-ass attitude, but their license rocks. BSD arrogance is a lot more tolerable than GPL zealotry... *BSD ain't dead and never will be as long as the GPL lives.

    1. Re:It's pure bullshit by shaitand · · Score: 1

      No this is pure bullshit, only the gpl code they modified has to be released. It's almost useless to anyone but linksys anyway, there are literally hundreds of companies releasing the source for their gpl'd code in embedded systems and for the most part... it never gets touched, nobody ever uses it for anything.

      They got 99% of the code they used for their system free due the sweat of others... there is absolutely nothing wrong with requiring the give a lil sweat back in turn. The BSD license simply allows for wholesale theft. Believe it or not I don't spend my free time writing code so a corporate entity can steal it and make a bundle of cash. I'm not slave labor for their benefit. I damn well expect a return on what I do, I expect that return in the same form they got theirs, code.

      If you don't like it, freeload off someone elses sweat. I write code so that I can contribute something to humanity. So that the end user will have something at a free or reduced price, that includes me. If the company gets the software free, it reduces development cost, these saving should be passed on to consumers (not that they are, when I buy a linksys device I guarantee they will charge me for the software I wrote running on the device). Failing that, at least I know that any advances they wouldn't have been able to make without my code are being passed back to the community and improving products across the board.

      Believe it or not, a company SHOULD have to continue improving their product to stay ahead... not make an improvement and keep it forever (read 2yrs if it's a technology based product) hidden so they don't have to improve anything to stay ahead of their competitors.

    2. Re:It's pure bullshit by morgue-ann · · Score: 1

      Have you read the GPL?

      (emphasis added)

      These requirements apply to the modified work as a whole. If
      identifiable sections of that work are not derived from the Program,
      and can be reasonably considered independent and separate works in
      themselves, then this License, and its terms, do not apply to those
      sections when you distribute them as separate works. But when you
      distribute the same sections as part of a whole which is a work based
      on the Program, the distribution of the whole must be on the terms of
      this License, whose permissions for other licensees extend to the
      entire whole,
      and thus to each and every part regardless of who wrote it.

    3. Re:It's pure bullshit by shaitand · · Score: 1

      Yes I have, in what way does this conflict with anything I've said? It says, that seperate modules and programs are still yours. It also says that modifications to the code I and other open source programmers wrote, are in turn gpl'd.

      "Extend to the entire whole" the part you've bolded applies in direct context to what has already been stated, the entire whole is the gpl'd software, if you want to modify it or make it part of another program then your modification becomes gpl'd as well.

      This is the part that makes sure that you can't close my source, it also makes sure that your modifications have a chance to get back to me, THIS is your payment for my labor. I don't believe in slave labor and thus will never release under BSD. I do get compensation if you use my code (if not the finished binary of my code), I get your code back. Yes your competitor does too. Then again, if he uses it, he will undoubtedly make modifications... and guess who gets the benefit of your competitors labor then...

      This is akin to Competitors getting together to develope standards they all agree to adhere to. It makes it less expensive to make your product compatible with everything else out there because the standard is open for everyone to follow, one or all have to contribute the labor and expense of developing the standard but in the end all benefit from it, including the consumer.

    4. Re:It's pure bullshit by morgue-ann · · Score: 1

      In a Linux-equipped PC, it's pretty easy to keep work one might want to distribute binary-only as separate modules and programs, but in embedded systems, it doesn't seem that easy to me to "merely aggregate" code into a ROM or even a non user-accessible hard disk (TiVo).

      Even static linking could be called aggregation as the caller & callee don't change each other-- they aren't fused by just mixed up together. The better the interface, the less changed the parts need to be.

      However, dynamically linked code is given exception to the "extend to the whole" reach of GPL'd code.

      It's obvious to me that someone's trying to draw a line here to prevent what some have called "slavery."

      That line is a defined a lot looser than people claim. "Merely" is pretty slippery.

      You say TiVo can't be considered a "whole" work, so I suggest that I'll release an MORGAN# compiler, binary only, that uses a parser by me but the code generation & optimization from g++. If you don't like it statically linked, I'll create an interface to the g++ opimizer that let's me hand it three-address code & release the dynamically-linkable modified code's source.

      I don't think my contribution of adding a hack layer into g++ is worth the benefit I get from all the work others put into g++, but it seems the rules allow this. I think it's simply a trick as is the binary kernel modules trick.

      TiVo contributed access through the serial port for fun hacking, but that's not what the GPL requires them to contribute.

      -M

  61. We are inconsistent by demiurg · · Score: 1

    People, wer are inconsistent.
    A few months ago there was a post here by some guy asking if writing binary-only drivers (as dynamically loadable modules) is a violation of GPL.

    Many different opinions were posted, but the general consensus was that it's a VERY BAD thing.

    Now, when at least one company actually did what this guy was talking about (and I don't think he was from Linksys :) the general consensus is quite the opposite !!!

    Strange.

    1. Re:We are inconsistent by Anonymous Coward · · Score: 0

      Binary-only drivers are permitted in Linux because Linus specifically allows it, not because it would be permitted by the GPL in general (it isn't).

      Binary-only drivers aren't playing nice with the community, but they are explicitly permitted.

  62. GPL not always as powerful as people think. by RunzWithScissors · · Score: 3, Interesting

    Unfortunatly there are many, many misconceptions when it comes to the GPL. One of the previous comments stated that Tivo used Linux but had not released their source code. The reason is that they don't have to! I would be surprised if Linksys would be required to release their source code under the GPL.

    The misconception that I see the most is that because a product runs on top of Linux, or uses the Linux kernel then the product is also GPL'd, not so. If the product has changed the sourcecode for Linux, those changes are covered under the GPL. This is why companies like Tivo are not required to release their source. The Tivo software was written without using any existing GPL'd code as it's base, therefore it can be covered under any licensing agreement the author sees fit.

    As for Linksys, I'm willing to wager that they implemented all of their code as kernel modules. So if ask for the source code under the name of the GPL, all they are obligated to give you is the source code for the Linux kernel, sin any kernel modules they've written themselves. Kernel modules can be licensed any way the author sees fit.

    -Runz

    1. Re:GPL not always as powerful as people think. by Alsee · · Score: 1

      Even assuming they haven't changed anything, the GPL requires they include the source OR offer the source publicly OR pass the public offer that came with the EXE they received.

      If they made no changes they can get away with passing on someone else's offer, but as far as I know they haven't even done that much.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:GPL not always as powerful as people think. by Anonymous Coward · · Score: 0

      They also included GPL programs (like udhcp) in a modified form. Even if it wasn't clearly modified (it is) I would still want the source for my code so I can verify that they didn't make any changes (which is my right under GPL)

  63. Re:Can you imagine... by mnemonic_ · · Score: 1

    Yes.

  64. BusyBox GPL violation by andersen · · Score: 5, Interesting

    <BusyBox maintainer hat on>

    This is what I did to verify that the Linksys firmware was violating the GPL....

    #!/bin/sh
    wget ftp://ftp.linksys.com/pub/network/WRT54G_1.02.1_US _code.bin
    # I noticed a GZIP signature for a file name "piggy" at offset
    # 60 bytes from the start, suggesting we have a compressed Linux
    # kernel
    dd if=WRT54G_1.02.1_US_code.bin bs=60 skip=1 | zcat > kernel

    # Noticed there was a cramfs magic signature at offset 786464
    dd if=WRT54G_1.02.1_US_code.bin of=cramfs.image bs=786464 skip=1
    file cramfs.image

    sudo mount -o loop,ro -t cramfs ./cramfs.image /mnt
    ls -la /mnt/bin
    file /mnt/bin/busybox
    strings /mnt/bin/busybox | grep BusyBox
    /usr/i386-linux-uclibc/bin/i386-uclibc-ld d /mnt/bin/busybox

    --
    -Erik -- --This message was written using 73% post-consumer electrons--
    1. Re:BusyBox GPL violation by Anonymous Coward · · Score: 0

      some of the modules (in /lib/modules) appear to be unstripped...
      Hmmm...

  65. Yes, and by vadim_t · · Score: 1

    Microsoft should just be happy that people are using Windows, even if it's pirated.

    1. Re:Yes, and by kliment · · Score: 1

      but they are!!! They don't admit it though. They thoroughly enjoy the dominance it gives them.

    2. Re:Yes, and by Anonymous Coward · · Score: 0

      Too bad pirating windows is illegal. It happens that using Linux and building proprietary applications and drivers on top of it is not. It also turns out that Linus does not share your rabid hate for anything commerical.

  66. Re:ueber? by nietsch · · Score: 1

    as pointed out it is accepted spelling, and ueber would be better translated as 'over'

    --
    This space is intentionally staring blankly at you
  67. Wrong ! by demiurg · · Score: 1

    People, stop posting before reading previous posts!

    Tivo DID release their source code.

  68. GPL uses... by MrWa · · Score: 2, Interesting

    Does just using GPL software really mean you have to distribute the source? Could Linksys claim that they are not, in fact, distributing GPL code in any form, but are actually just using GPL software in their hardware?

    1. Re:GPL uses... by darqchild · · Score: 1

      no, i doubt it.
      they might be able to argue that if the customers were leasing the product. but they are selling the product, which is distribution

      --
      What? Me? Worry?
    2. Re:GPL uses... by Anonymous Coward · · Score: 0

      Not to mention that they are distributing binary firmware upgrades for said hardware. It's kinda like distributing an executable in a zip file, but not as convenient. So yes, they are distributing.

  69. Re-programming it by Anonymous Coward · · Score: 0

    If it's already running linux, what's the chances of being able to re-program it with a custom version of linux, in a similar way to the OpenAP project ?

  70. I just left a message for the CEO of Linksys by killmode · · Score: 1

    My dad once told me, "Always go to the top to get a problem solved, while that CEO/COO may not fix the problem directly, he/she will at least be annoyed with an underling that allowed the problem to rise enought to bother the CEO/COO." or words to that effect.

    Nothing nasty was said, just my name, phone number, that I used their products, and that there are online discussions on weither or not there is undocumented GPL code on their equipment. I also asked him to have his legal department check out if they had recieved notice from Busybox software maintaner regarding Linksys' use of Busybox in Linksys products.

    If he doesn't review his v-mail directly, then at least the polite informative tone of the message will prod the listener to forward the message accordingly.

    my $0.02, (though sent to Irvine first)

    Mark

  71. Workflow Sludge by fm6 · · Score: 2, Insightful
    Ever work in a tech support org? They have to deal with thousands of emails a day, most of them lame RTFM questions. So they tend to send out a lot of boilerplate, which is what this obviously is.

    From what I know about Linksys products, there's no reason they shouldn't work fine with any web browser that supports Java and the usual W3C security protocols. (And in fact, there seems to be a fairly active Linksys/Mac user community.) But if they say, "We only support Windows and IE" they drastically narrow the skill set they have to hire/train their support people for. Costs them a little in non-Windows sales and maybe Mozilla diehards, but not enough to justify doubling or tripling their training budget!

    1. Re:Workflow Sludge by kien · · Score: 1
      Ever work in a tech support org?

      Yes. I tend to carry on conversations with people that swap circuit packs that, if done improperly, might inconvenience you for five seconds.

      They have to deal with thousands of emails a day, most of them lame RTFM questions. So they tend to send out a lot of boilerplate, which is what this obviously is.

      Given that attitude, I sincerely hope that you are my competitor.

      --K.
      --
      Sig: Bad people happen. Try to avoid being one of them.
    2. Re:Workflow Sludge by fm6 · · Score: 1

      Ah, ignorance. It gives you such a superior feeling! I quite miss it.

    3. Re:Workflow Sludge by arkanes · · Score: 1

      So you're saying that you have, in fact, NOT working tech support (in the context of the parent, which is clearly 1st tier end user support). I'm sure that you're a very smart person and that you do very important work and that if you died or were fired or not so smart that my lights or power or tv or broadband or phone or something wouldn't work anymore. But you're really, really bad at following the flow of a discussion. You're also not especially knowledgable about browsers, browser technology, or the meaning of the phrase "supported platform".

  72. I'm sorry--I completely miss your point by MickLinux · · Score: 1

    Correct me if I'm wrong, but if you sell a router box with firmware code in it, isn't that "distributing"? Isn't that what Belkin is doing?

    If not, if this is being run on their own systems, then how did the top-level poster get this information?

    I suppose there's another option -- where they only rent the router boxes, and don't give a license to open or disassemble the binaries/firmware. In that case, it could be argued that they are selling a service, and distributing nothing. Is that what's happening?

    Very interesting situation, this.

    But what's this bit about "If they didn't distribute the compiler..."? That, I don't understand as well. You modify the binaries, you distribute the modified binaries, you need to distribute the code itself. In fact, as I understand it, even if you *don't* modify the binaries, if you distribute the binaries commercially, you also have to distribute or offer to distribute the code. So what's this about compilers?

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    1. Re:I'm sorry--I completely miss your point by LMCBoy · · Score: 1

      The string in grandparent post implied that the GCC compiler had been modified. They presumably don't ship a compiler binary with their router, they just use it in-house, to compile the router software (which they do ship as binaries).

      The only source code they are required to make available is that for the binaries being distributed.

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    2. Re:I'm sorry--I completely miss your point by Anonymous Coward · · Score: 2, Interesting
      The only source code they are required to make available is that for the binaries being distributed.

      Bzzz. Wrong. Section 3 of the GPL:

      The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
      (emphasis mine)

      If they've distributed executables which would require compiler modifications, those compiler mods would also have to be distributed. The exception above about not distributing the compiler doesn't apply, as the GCC with Broadcom modifications isn't "normally distributed" with the Linux kernel.

    3. Re:I'm sorry--I completely miss your point by AvitarX · · Score: 1

      Does that mean if you use a proprietary compiler and use special extensions you cannot legally distribute your code under the GPL?

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    4. Re:I'm sorry--I completely miss your point by Anonymous Coward · · Score: 1, Insightful
      As unfortunate as it would seem on the surface, I think so.

      IMO, the whole purpose of the GPL is so you can make changes to the code and reincorporate them into use. If you can't even make an executable because the original author used a proprietary compiler, and their code forces the use of said compiler, it defeats the main purpose of having the source be under the GPL. You could distribute it under another license (a modified GPL, BSD, or public domain, none of which mention anything about compilers).

      The whole argument comes back to freedom -- if I can't use the source code to make a change in an executable, what good is having the source in the first place? Look, but don't touch. Finding security exploits in the code is about it.

    5. Re:I'm sorry--I completely miss your point by Anonymous Coward · · Score: 0

      Your argument is ridiclous and runs counter to even what's up on gnu.org.

      compiler != "script used to control compilation "

      Consider an AS/400 where the real hardware is all obscured by proprietary firmware. Do I have to give a free AS/400 to everyone who downloads my open source OS/400 program?

    6. Re:I'm sorry--I completely miss your point by Anonymous Coward · · Score: 0
      No, because you can go pick up an AS/400 yourself. Might cost you an arm and a leg, but you can get one. No strings attached. You can make changes to your OS/400 code and run it on you brand new AS/400. No problems.

      Can you go get this modified copy of GCC with these modifications? No. Can you compile and run your changed code (originated form GPL) without this new-fangled GCC? No.

      Where specifically on gnu.org is this situation even discussed? My line of reasoning comes from reading the license.

    7. Re:I'm sorry--I completely miss your point by Anonymous Coward · · Score: 0

      Any modifications to the *GNU* C Compiler would have to be released, no?

      -A different AC from the one you replied to.

    8. Re:I'm sorry--I completely miss your point by arkanes · · Score: 1
      I would disagree, as long as what you provide is what you use to develop - for example, I have GPLed code that uses extensions specific to VC++, and the codebase includes the project files (or nmake files) needed to compile the source.

      The clause about the "preferred form" is obviously there to prevent people from using obfuscated source - I'd prefer something along the lines of "in the form you used to create it". What's the preferred form of a makefile? There's only about 5 thousand different versions. What's the preferred compiler? A strict reading could, as you state, prevent you from writing GPL code that couldn't be compiled with freely available tools (I'm sure alot of people would love that). As an interesting aside, I, as the copyright holder, don't have to provide makefiles, but anyone re-distributing my code would.... that's clearly an overly-onerous request.

      You can even extend this argument farther - for example, many embedded devices use special compilers (as well as special, minimialist C runtimes, etc) in order to target/optimize for that environment - this interpetation of the GPL would mean you could't place code under the GPL unless a) you used common, ANSI C b) provided makefiles for all common compilers or c) were able to provide a compiler for the source. That's utterly ridiculous.

  73. Why Linksys? by Evro · · Score: 1

    When I brought up that Google was doing something similar with its search appliance I was told I was making an issue out of nothing (and had my slashdot submission rejected).

    http://yro.slashdot.org/~Evro/journal/7047

    --
    rooooar
  74. Slowing it down? by Styx · · Score: 1

    One of my switches runs IOS on a PowerPC 403GA, running at either 25 or 33 MHz.

    The linksys AP has a MIPS processor, which is probably running at 125 MHz.

    It could run IOS without breaking a sweat.

    --
    /Styx
    1. Re:Slowing it down? by doogles · · Score: 2, Interesting

      One of my switches runs IOS on a PowerPC 403GA, running at either 25 or 33 MHz.

      The linksys AP has a MIPS processor, which is probably running at 125 MHz.

      It could run IOS without breaking a sweat.


      Apples and oranges. On your switch, IOS just manages the system; the heavy lifting (frame forwarding) is actually done by ASICs for that very purpose.

      On another note though, I'm not sure why the original posted is calling IOS "bloated" -- perhaps today there are a number of features that are not necessary for the core purpose of the box, but they don't typically add "overhead" to the box itself.

      Most Cisco boxes are "underpowered" in terms of CPU, but they still manage to do the job.

      The new(er) Cisco Aironet access points migrated away from the old VxWorks-based OS to IOS (see: Aironet 1100 are shipped as such, Aironet 1200 have a conversion kit)

    2. Re:Slowing it down? by Styx · · Score: 1

      Well, I could have picked a cisco router with a 33 MHz Motorola 68360 as a example instead, and I stand by my statement that the Linksys AP could run IOS, if it was ported.
      But as far as I know, all Cisco's IOS hardware runs on PowerPC or Motorola 68xxx hardware.
      One of the reasons we went for Aironet AP's at work was that they run IOS, but their 802.1Q support is also very nice.
      I like IOS for routers and other net gear.

      --
      /Styx
  75. Comment removed by account_deleted · · Score: 4, Interesting

    Comment removed based on user account deletion

  76. Broadcom? by Anonymous Coward · · Score: 0

    According to the LKML post the drivers for the Broadcom wireless component are binary-only.

    As a person who has been forced to use Broadcom parts in several embedded applications I can say that they are nuts about their driver source code. So this isn't just the case of them worrying about the radio being pushed out of spec. This is Broadcom at work.

    I'm kind of surprised Broadcom can actually sell any chips. They keep the datasheets on their devices secret and password protected. Ummm, I would think sillicon houses would _WANT_ people using their parts, but not Broadcom.

  77. Afraid of GPL by wilddur · · Score: 1

    Some business men are afraid of GPL... why, becouse they left them too little control of their work. It should be possible to use a combination of free and propietary software if it is not related. If not, companies will be afraid of investing in Linux. I think that M$ will exploit this situation If it is not clear a company will not use Linux. For example ÂCan I use some GPL libraries for commercial software? Âunder wich conditions? I think that is the best way to obtain a good driver support for most hardware devices and software programs

    1. Re:Afraid of GPL by m1chael · · Score: 0

      you can quite easily make proprietary closed software for linux.

      --
      I know you are psychotic, but please make an effort.
  78. Chalk one up for American Megatrends as well... by LiteForce · · Score: 3, Informative
    American Megatrends use uClinux (also GPL licensed) as a core part of their firmware for the AMI MegaRAC G2 Remote Processor (http://www.ami.com/megarac/).

    I only discovered this by running 'strings' on the firmware and found references to uClinux and a variety of other GPL stuff.

    There is NO mention of the GPL in the product manual or on the packaging which contains the CD with a backup copy of the firmware.

    I asked for copies of any GPL sources (and associated changes) which the MegaRAC G2 used - to their credit, I received a very nice diff which only covered changes to files which already exist in the uClinux distribution.

    Unfortunately, those changes include the addition of header files which the modified kernel relies on - header files which I wasn't given and further requests for them have been ignored. So, even with the 'source' which I was given, I can't use it to produce an identical binary as to that contained in the firmware image which was supplied to me.

    For those readers who are interested in purchasing one or more MegaRAC G2s, I suggest you ask your AMI dealer why it took them over eight weeks to patch a vulnerability which allowed *any* remote user to gain full access to the system console and also why the product is prone to frequent hangs which are not recoverable unless you unplug all power from the server and card until the onboard battery drains.

    The vulnerability is so simple to exploit - start up the GTK+ remote console utility that came on the CD and point it to the IP address of any MegaRAC G2 card.... that's it. No prompt for a username or password. Nothing. Instant console access.

    ... then again, I suppose it just goes to show the quality of the code which their engineers are kicking out to the end-users :-(

    --
    "Be vewy vewy quiet, I'm hunting wuntime ewwors!" - Elmer Fudd
  79. a clue to the puzzle! by Anonymous Coward · · Score: 0

    found this on linksys site: linux_release.txt.

    1. Re:a clue to the puzzle! by neobrew · · Score: 1

      Also note, their NAS disk storage devices (old EFG20, and newer EFG80) both use linux. No mention of this in the user guide, web site, or sales brochures. Use the link ftp://ftp.linksys.com/pub/network/efg80.zip to download the firmware.

  80. Linksys uses Linux but won't support it ? Hmmm.... by Proudrooster · · Score: 1

    We have had all sorts of problems using Linksys routers and Linux boxes. Every time we call Linksys support they claim not to support Linux. I find it quite unbelievable that their product would run a scaled down Linux kernel but not interoperate properly with Linux. The "Corrupted MAC" problem when ssh'ing to a Linux box behind a Linksys router remains unsolved to this day. In addtion to other annoying and mysterious problems.

  81. it is a violation of the GPL license by 73939133 · · Score: 1

    First, as someone else already said, just becuase it uses a linux kernel doesn't mean they modified anything, it could be a stock kernel. If they wrote userspace drivers and/or kernel modules using existing interfaces for their custom hardware, they are not obligated to release anything.

    Regardless of whether it is a stock kernel or not, they are obligated to identify the fact that they are using GPL'ed code and make an offer to buyers to give them the source code. That is a key requirement of the GPL. I have bought several Linksys APs, and I assure you I have not received such information or an offer.

    but the fact is: If you don't accept the GPL as valid, then copyright law still stands, and says you can't redistribute, or make derivitive works.

    Yes, but the argument against the GPL is likely to involve an argument against the copyright (or both the copyright and the license). One day, a company like Linksys is going to try to make an argument that GPL'ed software is, effectively, public domain and does not enjoy copyright protection. Or, they are going to argue that there technically is a copyright violation but that the commercial value of the software is $0 and that therefore the penalty for their copyright violation should be $0 as well (even with "triple damages").

    1. Re:it is a violation of the GPL license by arkanes · · Score: 1

      ... and they're going to lose. This gets spread around enough, but it's just obviously and provably false. One - free distribution certainly does not revoke your copyright, period. Two - a judgment is not limited to the cost of the product, or even to actual damages suffered. And even if it was, losing the case doesn't mean you just have to pay money - they'd be barred from continuing the sell the product, as well, at least until they can get a valid license.

  82. DVD players running Linux... by Taurim · · Score: 1

    If this is a case of GPL violation by LinkSys, then all the DVD/Divx players based on SigmaDesign chips (EM 8500...) violates the GPL too (but I don't think so).

    These players runs ucLinux and uses busybox but the drivers for the hardware are in separate binary modules (fipmodule.o and khwl.o). init and the applications called by init (fileplayer.bin and mpegplayer.bin) are all closed source. There is probably no modification of GPL code in these products.

    The only problem is that Linux usage is written nowhere on the box or in the documentation.

  83. Yes, source would be quite interesting. by 73939133 · · Score: 1

    If they aren't violating the terms of the GPL, then it should be possible to replace the GPL'ed versions of the software with recompiled versions and obtain a running system. That would be quite interesting because it would still allow us to add features and fix bugs in the GPL'ed portions of the code.

  84. they may attack copyright, not the GPL by 73939133 · · Score: 1

    You are assuming that a challenge to GPL'ed code involves an attack on the GPL license. I don't think that's likely to be the case.

    A company could (and probably) would challenge the copyright. They might argue that the GPL'ed code has effectively become public domain, and hence it doesn't matter what the license says. Or, they might argue that the code that there are no damages, and that therefore they aren't liable for more than zero dollars (i.e., nothing) even if they have technically violated copyright law.

    1. Re:they may attack copyright, not the GPL by TC+(WC) · · Score: 1

      Or, they might argue that the code that there are no damages, and that therefore they aren't liable for more than zero dollars (i.e., nothing) even if they have technically violated copyright law.

      Even though I'd doubt anyone would be able to get away with that, since there could still be punative damages or damages based on the improvements that could have been made from the modified code that should have been redistributed, there's still the fact that the court would force compliance with the licensing terms if they took this 'defence'. It isn't worth it to go to court and try to fight it this way, since you'll end up getting, at best, the same result you'd gotten if you'd just settled with releasing the source to begin with.

    2. Re:they may attack copyright, not the GPL by mysidia · · Score: 1

      But clearly there are damages, as they have sold a product based on the work -- the amount of those sales represents revenue some proportion of which the copyright holder(s) would have received had the company contacted them and licensed it under a license that allowed them to redistribute the combined work under more restrictive terms.

    3. Re:they may attack copyright, not the GPL by Christ-on-a-bike · · Score: 1
      ... they might argue that the code that there are no damages
      Even so, having gone to trial they would have to pay lawyers' expenses, and they would still have been found in copyright violation. The $0 damages strategy doesn't sound like a very good plan then, does it?
    4. Re:they may attack copyright, not the GPL by Anonymous Coward · · Score: 0

      Since the Berne Copyright Convention, nothing can become public domain unless explicitly released by the author in writing. You don't even need to tag your work with a copyright notice--it is automatically copyrighted as soon as the work is implemented in a fixed form (i.e., as soon as you write the source).

      Even if you print the source without any copyright notice/claim of authorship and leave it on a public bus it does not become public domain.*

      *If someone nabbed it and started using it, you wouldn't be able to get damages, but you would get a court injunction barring said person from further use, provided that you can provide sufficient evidence to show that you are indeed the copyright holder. Even without damages, an injunction barring the sale of a major product containing the work in question would be catastrophic for a company.

    5. Re:they may attack copyright, not the GPL by arkanes · · Score: 1

      And they'd lose, too, because it's both mind-numbingly obvious and very well legally proven that just because you give it away doesn't mean you lose your copyrights on it. See every single binary software download in existence, every painting in an art gallery, everyone handing out pamphlets, and every web page. And a judgment is not limited strictly to damages.

  85. Another consequence of LGPL in hardware/firmware by Anonymous Coward · · Score: 0

    Another consequence of distributing GPL/LGPL software as part of embedded firmware lies in the GPL/LGPL's definition of "source code":

    From GPL v2 (June 1991):

    "For an executable work, complete source code means all the source code for all modules...plus the scripts used to control compilation and installation of the executable."

    From LGPL v2 (June 1991):

    "For a library, complete source code means all the source code for all modules...plus the scripts used to control compilation and installation of the library."

    Note in both cases, the manufacturer is required to provide both the source code/build scripts necessary to compile the software plus it is required to provide you with the scripts necessary to allow you to install the software YOU BUILT. If $COMPANY produces a piece of hardware that relies on glibc, that company is required to provide a means for me to build my own version of glibc and to install that onto said hardware.

    How many manufacturers have created Linux-based devices with upgradeable firmware but that do not allow the end user to replace individual GPL/LGPL'd libraries and executables that exist on said hardware?

    A company that merely provides the source code to the GPL/LGPL software contained in their firmware but that does not provide a means for you to install your own copy of said software is not fulfilling the requirements of the license.

  86. you are missing the point by 73939133 · · Score: 1

    We don't want Linksys's proprietary code, we simply want them to comply with the license, whatever that entails. That means, among other things, identifying to their customers exactly which GPL'ed code they are using in their product and providing that software. What that compliance is good for is a secondary question.

    I think that just knowing that the thing is running Linux would be useful for me because I might install additional servers on it (better DNS, for example).

    But it's also a PR thing for Linux: if it were widely known that every Linksys and every Belking router is running embedded Linux, more companies might end up using Linux themselves.

  87. frankly, this seems stupid by Trepidity · · Score: 1

    It may be a technical violation, but why should anyone care? Basically, you're saying they should have accompanied their product with a written offer to mail you a CD-R with a .tar.gz downloaded off kernel.org, for the cost of a CD-R plus postage. What good exactly would that have done, since you can download the damn thing yourself?

    1. Re:frankly, this seems stupid by Anonymous Coward · · Score: 0

      You're making a false assumption : some people may not be able to download the "damn thing".

    2. Re:frankly, this seems stupid by Fnkmaster · · Score: 5, Insightful
      Because it allows the community to get any of their changes back into the mainline codebase. If there are no changes, then they should be willing to provide the source. If that's the real source, it should be demonstrably equivalent to the binaries on the box. If it's not, then they are probably not releasing their real codebase.


      Think of this as a check on honesty of GPL adherents. If you don't make the offer or even admit that there is GPLed code in your product, you are probably doing it for a reason (i.e. you are hiding something). If they really aren't hiding anything, and it was a simple oversight, then why don't they reply to emails about it and just point out that no modifications were made, and stick a source mirror up on their FTP site? The cost is practically nil to them to adhere to the license, assuming they are playing by the rules, so what's the big deal?

  88. how would having the source be valuable? by Trepidity · · Score: 1

    If they did things right, the only source they'd have to redistribute would be the stock kernel source. You can already get that from ftp.kernel.org, so what exactly would you be gainin?

  89. Violating GPL here, violating GPL there.... by Anonymous Coward · · Score: 0

    That sickens me. If the code if available, they'll borrow it, no matter the license permits it or not, neither if you'll have to distribute the source again.

    These companies use Linux just for marketting, because if they wanted to use a good system as base to their routers/switches, they'd chose BSD over Linux, not just because of the code quality, but also (and mainly) because of the license. And then I see that these GNU troll priests are always pretending to bring a GPL case to court.

  90. yes by Trepidity · · Score: 1

    But that's nitpicking. It may be legally required, but it's also completely fucking useless. You're essentially asking them to make an offer "for $5, we'll mail you a mirror of ftp.kernel.org on CD-R". What good would such an offer be?

  91. Re:Linksys uses Linux but won't support it ? Hmmm. by DMDx86 · · Score: 1

    What router and firmware version? I dont have this problem.. been SSHing into my Linux box behind a 4pt Linksys router for years w/o trouble.

  92. The solution is clear. by ethnocidal · · Score: 1

    Linksys paid SCO for a license. As the Linux kernel is in violation of SCO's copyright, and is such not permissible as any form of viable evidence in a court of law, Linksys is safe.

    Upon further questioning, a Linksys representative was quoted as saying 'Apples. How d'you like them?'

  93. Embedded Linux by SkewlD00d · · Score: 1

    (Devil's Advocate)

    Why are mfgrs going to use Linux in appliances, etc. if they're going to have to release source code? They might as well try to use linux embedded and not tell anyone there's linux in it. Because if it's not a user-serviceable part, most people wouldn't know the difference. Creating a software download repository might be too much of a headache for them and revisions might become an IT nightmare. Screw it.. use vxWorks.

    --
    The biggest trick the devil pulled was letting lawyers become politicians so they can write the laws.
  94. BETTER CALL SCO! by Newer+Guy · · Score: 1

    Call SCO...They'll deal with it by suing Linksys, Cisco, and everyone who's ever even looked at a Linksys product, let alone bought one! You know that they say: Boies will be Boise!

  95. Linksys NAS device also rips off linux by UncleSocks · · Score: 4, Informative

    Hi,

    A few months ago I was poking around their "network file server in a box" - I forget the model number, but it is shoebox sized and purple.

    I can say for a fact that they used Linux and a number of other GPL bits in this box. I almost sounded the alarm, but I was way too busy with other things.

    What I found:
    1) Open case
    2) Remove small compact flash card that contains the software for this product
    3) Install compact flash card into my notebook
    4) Use cfdisk, notice that there are three ext2 filesystems
    5) Mount ext2 filesystem
    6) See that they are using a 2.4.x kernel
    7) See that they are using GPL print spooling software (I forget which)
    8) Try to find _any_ notice about the GPL in the docs or via the debug serial port _NO NOTICE_.
    9) Visit linksys website to find GPL required sources, not there.

    If anyone wants more details please message me off list.

  96. Who distributes? by Anonymous Coward · · Score: 0

    The difference lies in who is doing the "distributing."

    If Linksys sells me a device that has a firmware image on it, they've distributed the image to *me.*

    However, if someone *using* that same device discovers a filesystem tucked away in there, containing Linux binaries, and makes a copy... well, Linksys hasn't distributed anything to *them.*

    The real pickle is whether or not *I've* now distributed it :)

    1. Re:Who distributes? by Fluffy+the+Cat · · Score: 1

      If Linksys sells me a device that has a firmware image on it, they've distributed the image to *me.*

      The firmware is downloadable from Linksys's website. That counts as them distributing it to anyone who downloads it.

      However, if someone *using* that same device discovers a filesystem tucked away in there, containing Linux binaries, and makes a copy... well, Linksys hasn't distributed anything to *them.*

      True. In that case, the onus is on the person doing the distribution to either provide the source, a written offer for the source or a copy of the offer that they received from Linksys. If they have none of these things, then they're not allowed to distribute it themselves.

  97. Maybe the GPL is flawed by Anonymous Coward · · Score: 0

    Too lazy to get an account right now, but has anyone thought that the GPL terms while good in nature, is rediculously being abused by jobless programmers like this guy. Demanding proprietary sourcecode just cause it is running on linux. Microsoft is right in this case, the terms of the GPL are rediculous. Rather than stifle commercial innovation like what this guy would do if he sues Linksys over it, it should promote commercial innovation. If you want people to use linux, play nice with them, and if you want people to continue to use linux, don't screw them when they do.

    1. Re:Maybe the GPL is flawed by Little+Brother · · Score: 1
      Ok, Ok, I know I shouldn't but I'll bite. (Congratulations' you've successfully trolled, but you havn't fooled anyone.)

      What the GPL seeks to do is make it so that as soon as there is any problem with a product, anyone with ability can fix the problem and then release an improved version. This works well in a buisness setting. Let's leave the whole computer arena for a second to hypothetical land.

      Let's say J. Random Hacker decides to make a factory that makes a mechanical pencils. His plan is good, except for a few flaws, but he starts selling them anyway. Soon Joe Blow buys a pencil and realizes a quick effecient way to fix the problems. He can then fix the pencil and, if he wants, start production of the improved version. However, after Joe Blow's product has been out a while, Ford P, although he has never actualy bought a pencil has seen how they work and figures out a way to make the fully functional pencil work even better, it now doesn't require the user to click it, the lead extends automaticly, Ford P. can implement his improvement and everybody has functional pencils that they don't have to click themselves, and the person who makes each improvement gets credit for as long as his version is the best. That is how the GPL should work as well.

      In a non-GPL world J. Random Hacker makes a pencil with some flaws, just the same as before. Joe Blow however doesn't have access to what he needs to figure out how to fix it because it is illegal to take it apart to see how it works. The world is stuck with faulty pencils.

      Which one shows innovation?
      Hint, it isn't the second.

      --

      Little Brother, watching the watchers

  98. Someone cross compile telnet and login by zin · · Score: 1

    I wanna run top on my linksys and maybe mount some NFS. You could do a lot of other cool stuff too

    --
    -ZiN-
  99. The Real Deal (tm) by Anonymous Coward · · Score: 0

    What we all want is for Linksys to *say* that they use Linux. Thats what this thread is about, our egos are crushed

    For linksys its like dating a fat chick, its nice untill your friends find out

  100. How to deal with this... by geoskd · · Score: 1

    This presents an interesting problem.

    How do we convince Linksys to play by the rules without proving to them that using open source materials was a bad idea in the first place.
    If we simply force them to release the source by court action, it could make other companies very paranoid about using open source software in general, but if we let them go without obeying the rules, what kind of message does that send...

    -=geoskd
    www.geoskd.com

    --
    I wish I had a good sig, but all the good ones are copyrighted
    1. Re:How to deal with this... by Todd+Knarr · · Score: 1

      Simple: give them the chance to comply. If they won't voluntarily, they get a chance to explain it to a judge. They'd do the same to anyone who used their code in a product without permission (except they'd probably dkip the "give them a chance to comply" step). Sauce for the goose and all.

      Complying should be simple. If they have an NDA preventing them from releasing the Broadcom drivers, they'll need to jump through the code hoops to be able to release those drivers as binary-only modules. If they can't release the drivers or their other modifications as legal binary-only modules and they can't (or won't) release them as source, then open-source was indeed a bad idea for them.

      Companies need to get the message that open-source software, and GPL'd software, are the same as any other licensed software: you want to use it, you honor the license terms that let you use it. If those terms are incompatible with what you want to do, you either negotiate other terms with the creator or find other software. You don't go using it without a license and then expect the owner to sit back and let you profit from your violation of the law just because it would be inconvenient for you to not break the law.

    2. Re:How to deal with this... by rulethirty · · Score: 1

      You have to fight these battles, they are worth winning.
      It's really simple. All the warning labels are there.
      If you develop under Linux be prepared to abide by the GPL and open your source. If not pay the consequences.
      Companies gain from Linux in that it is less expensive to implement and has a fairly large following.
      By complying by the GPL they will give up their right to their "IP" but they will not give up the support of many of their user base. Which is definitely well-founded in the Linux/UNIX world.

      IMHO.

  101. Andinan office in Redmond.The 9 lives of hypocrisy by Anonymous Coward · · Score: 0

    " Yet, if Linksys had stolen Windows code and used it in their routers, Balmer would be calling the lawyers on them. You can use GPL'ed code all you want, but you can't abuse GPL'ed code, just like you can't abuse proprietory code. At least the FSF tends to be nicer about working with potential violaters than most commercial entities are."

    And yet people see nothing wrong with abusing copyright laws by downloading copyright works, and when the owners complain...well read slashdot sometime.

  102. Cisco IOS? I don't think so... by CrocOS · · Score: 0, Redundant

    If they wanted the advantages of a Linux-like system, they'd just choose BSD... which has the best TCP/IP support - bar none.

    There is a reason that the BSD TCP/IP implementation has been ported to so many different platforms =)

    --

    I should really get around to creating a sig.... Nah - too lazy =)
  103. Re:How they get away with it on the average by jufineath · · Score: 1

    Sounds sort of like people who file-share movies and music (a large cross section of which I would wager are pro-GPL and GPL software).

  104. economics 101 by Anonymous Coward · · Score: 0

    Hey, good for you. I write code so I can buy food, pay a mortgage, pay for insurance... tough to do when ya give it away for free. Some day your mommy and daddy won't be paying your bills any more, you'll figure it out then.

  105. IN SOVIET RUSSIA by Anonymous Coward · · Score: 0

    Linux runs linksys routers!

    1. Re:IN SOVIET RUSSIA by connorbd · · Score: 1

      Oh, go pour hot grits down your linkport.

    2. Re:IN SOVIET RUSSIA by Anonymous Coward · · Score: 0
    3. Re:IN SOVIET RUSSIA by Anonymous Coward · · Score: 0

      BEST....THREAD....EVAR.

  106. Re:Linksys uses Linux but won't support it ? Hmmm. by Proudrooster · · Score: 1

    I wish I could tell you but I can't. I finally gave up and now use the Linux box as the router with NAT enabled for my home network. It works much better and has a lot more flexibility. Thanks for the offer to help, it's guys like you that make the Internet a great place. I was just miffed that Linksys tech support wouldn't assist with the problem, even though many had reported this problem at the time.

  107. Obfuscation to throw people off? by Abalamahalamatandra · · Score: 1

    Looking through /www in that cramfs image, I find it interesting that all the files end in ".asp", but I don't see any code in there...

    Perhaps trying to throw people off and make them think it's running WinCE?

    If so, that's kinda scummy.

    1. Re:Obfuscation to throw people off? by ZorroIII · · Score: 1

      The code is full of constructions like

      <% nvram_get("aol_block_traffic1"); %>

      so there is some parsing there.

  108. Interesting url by zoobab · · Score: 1

    http://www.koumoula.com/modules.php?name=News&file =article&sid=13

  109. yes, yes they are (modified version of my code) by Anonymous Coward · · Score: 0

    I'm the maintainer of udhcp, which is included in the linksys firmware. By performing strings on the binary, its immediately clear that they made some modfications:

    Receive SIGUSR2 : delete_leases() /tmp/.delete_leases
    line %d [%s] from /tmp/.delete_leases
    count %d [%-15s] [%lu] address[%lu] from memory
    match & delete [%-15s] [%lu]

    *none* of that is in my source, udhcpd doesn't even respond to sigusr2. So clearly, if they don't send me the code, they are in violation. Where do I go from here?

  110. I only had to do it once by SHEENmaster · · Score: 1

    and that was before apple forked Konqueror.

    A friend asked me to close his account for him. I run a mailserver, so I'd never use that shit myself.

    --
    You can't judge a book by the way it wears its hair.
  111. good luck by mlerner · · Score: 0

    The GPL wouldn't hold up in a court of law.

  112. Mod parent up... The witch hunt begins! by SaDan · · Score: 1

    Ugh. This could be a good thing (widespread use of Linux and GPL apps), or a bad thing (widespread use of Linux and GPL apps while breaking GPL).

    Instead of bashing every company left and right, why don't we make an honest effort to assist them with becoming compliant with the GPL (if they are in fact breaking it)?

  113. Re:working for postcards by benjamindees · · Score: 1
    I think most of the kernel developers make more money than you or I do.

    No one is having a 'hissy fit'.

    We are just interested in ending Broadcom's idiotic refusal to release drivers for Linux.

    I can't speak for kernel developers, but I for one am only interested in seeing Linux treated as the viable operating system that it is by hardware manufacturers, resellers, and even users.

    Until that happens, expect us to use all means necessary, including expecting people to abide by the GPL, to achieve that goal.

    --
    "I assumed blithely that there were no elves out there in the darkness"
  114. Two points: by Anonymous Coward · · Score: 0

    Two points:

    1) You, sir, are a pedant.

  115. It isn't mentioned in the manual... by Styx · · Score: 1

    ... or on the box, I just checked.

    --
    /Styx
  116. looking further by Dogun · · Score: 1

    Looking further, it looks like Broadcom is shipping a modified GCC to vendors...
    if you run strings on just about anything, it says it was compiled by
    "GCC: (GNU) 3.0 20010422 (prerelease) with bcm4710a0 modifications"
    looking at the product brief for broadcom's BCM94306 reference board,
    http://www.broadcom.com/pbs/BCM94306.pdf
    they mention "Convenient software integration tools to enable routers, gateways and other products for wireless LAN" and ease of integration with embedded linux drivers - I can't help but assume that that means Broadcom has done some work on GCC as well. Anyone have some thoughts on this?
    I'm no GCC guru but it seems like the GCC people might be be entitled to some new code as well.

    1. Re:looking further by Anonymous Coward · · Score: 0

      No, all broadcom needed to do was to ship the source to linksys along with the tools.

      Lots of embedded vendors use gcc commercially (eg. Windriver VxWorks) and comply with the license by shipping the gcc source along with their tools.

      This of course does not apply to the C library, which becomes part of the binary. If they are using the glib C library then perhaps they should be shipping its source.

  117. You're wrong... by Styx · · Score: 1

    Read section 3 of the GPL again. They are distributing binaries of GPL'ed software comercially, and thus must offer you the source in the same way they are distributing the binaries (which is by anonymous ftp).
    See the GPL FAQ.

    --
    /Styx
  118. Re:How they get away with it on the average by Alsee · · Score: 1

    You're right. A "compliance settlement" should include at least some cash, perhaps even donated to charity.

    Hmm, if the money goes to charity be sure that the deal transfers the money to the copyright holder and that the copyright holder is transfering the money to charity. Wouldn't want to give them a tax write-off or let them advertize the're giving money to charity :)

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  119. Re:How they get away with it on the average by thogard · · Score: 1

    A punishment is covered under DMCA. Any copyright holder can shutdown their web site till they get their act together. What will their stock price do when their site is down. The court order to shut the site down, could also redirect it to another site that says "This site has been taken down due to a court order under the DMCA". Such a thing would cause many investors to look at pulling out.

  120. Unenforced copyright by Zeal17 · · Score: 1

    That might be true if it is a EULA. But the GPL is an offer beyond copyright law. Code is copyrighted without any licence attached at all (Ãven the (c) is optional now under the standard rules), so it can certainly not be public domain.

    Does anyone know what would happen if I wrote some code and put it on the 'net with a disclaimer saying "Don't download this unless you pay me $100" but did no effort to prevent anyone from doing so? If 10 million people downloaded it and started using it all over the place, and I tried to sue the 10 million and first person, I would assume that the lack of enforcement would be enough to put the code into the public domain. Please correct me if I am wrong.

    --

    "If it sucks without butter, it still sucks with butter, only creamier." - AC
    1. Re:Unenforced copyright by arkanes · · Score: 1

      It certainly wouldn't be placed in the public domain - you could, at any time, start taking steps to enforce that you get your hundred bucks. On the other hand, to get the money from the people who had already downloaded, you'd have to sue them individually, and your negligence in collection would work against you gaining any damages in that case.

  121. Mod parent troll down, pls by dash2 · · Score: 1

    Furthermore, after reviewing this GPL our lawyers advised us that any products compiled with GPL'ed tools - such as gcc - would also have to its source code released. This was simply unacceptable. My lawyer tells me that you should stop taking the quaaludes.

  122. Call Paul Vixie by The+Kiloman · · Score: 1

    Here's a gem:
    strings /mnt/usr/sbin/cron
    ...
    @(#) Copyright 1988,1989,1990,1993,1994 by Paul Vixie
    @(#) All rights reserved
    ...

    --
    You may disagree, but to be blunt, you're wrong. -tgd
    1. Re:Call Paul Vixie by femto · · Score: 1
      And don't forget the copyright messages in /usr/sbin/zebra:

      > Copyright 1996-1999, Kunihiro Ishiguro
      > Copyright 1996-2001 Kunihiro Ishiguro.
      > Copyright 1996-2001, Kunihiro Ishiguro.

      Zebra's official GNU software, so I guess the FSF is part of the fray as well.

  123. BEFSRs as well by lobsterturd · · Score: 1

    Actually I think that Linksys's BEFSR routers run Linux as well, because there are a few references to eth0 and eth1 in their firmware...

  124. Re:How they get away with it on the average by Kynde · · Score: 2, Interesting

    Even if Linksys complies after some cajoling, this demonstrates the practical "loophole" we have been witnessing for the past 2 years:
    companies use GPL'ed stuff, and if they get caught, they (often) comply. For each violation that gets caught, there might be several that get away.


    So what? I mean, I'm all pro GPL and also a GPL sw coder. I work for a company that manufactures slot machines that run linux and loads of other GPL'd software aswell as our own apps. Technically we don't distribute the slotmachines so we're not bound by GPL, and if we were, we'd just put a simple ftp server that would have the .tar.gz's because I do everything possible to be able to use the stock products. Why? These are long term products, life spans of about 10 years. Living with a set of patches for every damn tool we need... I have better things to do. If there's a way to avoid changing the origian sources, we'll go ahead with that one.

    And what's the real beauty is that when we discover bugs or make future enhancements or such changes, we try real hard to get them into the actual sw package, again just to avoid having to maintain a large set of patches.

    And for example Linksys failing to offer a stock kernel tar ball in their site doesn't sound that serious to me. A proprietary sw mogul using gpl'd code in their product, now that would be a serious violation.

    --
    1 Earth is warming, 2 It's us, 3 it's royally bad, 4 we need to take action NOW
  125. Re:Only if they changed something... (they did) by Anonymous Coward · · Score: 0

    check out strings usr/sbin/udhcpd, and then compare that with the source of udhcp. Good number of things missing from the source. I want my code back

    -- Russ Dill (udhcp maintainer)

  126. Re:The GPL: Open Source or Intellectual Theft? by iainl · · Score: 2, Interesting

    Yes, I know the guy is almost certainly a troll, but this won't take long.

    "Part of this license states that any changes to the kernel are to be made freely available.
    Unfortunately for us, this meant that the great deal of time and money we spent "touching up" Linux to work for this investment firm would now be available at no cost to our competitors."

    Sorry, thanks for playing. It merely states that you have to make the source available to those you give binaries. You can make all the changes you want to the kernel for a client, as long as you give that client the source as well. No-one else need have it.

    In the instance of kernel changes, it makes a hell of a lot of sense, too. Lets assume for a moment that you weren't a troll. This company would have a custom kernel, but without the new modified kernel source they couldn't install anything else that would also patch the kernel, or even rebuild when bugfixes are released.

    --
    "I Know You Are But What Am I?"
  127. The GPL has you by CCRancor · · Score: 1

    I bet that Linksys, since the witch hunt turned to them, are thinking "Why, oh why, didn't I take the BSD pill".

    --
    Open source is the art of letting other people write your bad code.
  128. Came across this a while ago... by jonsb · · Score: 1

    http://diary.codemonkey.org.uk/ (19th May) Anything to do with it?

  129. Re:How they get away with it on the average by alecto · · Score: 1

    You would be wrong. People who are truly pro-GPL and GPL software would not find it appropriate to violate the law by infringing on the copyrights of others. Otherwise, why would they bother being pro-GPL, when they could just get an infringing copy of Windows XP and be done with it?

  130. Re:Linksys Wireless AP/4port Switch not running Li by Anonymous Coward · · Score: 0

    No ? What is it running on ? What is your model ?

  131. Might not need to give out the source. by LWATCDR · · Score: 1

    Just because it runs Linux does not mean that have to suppy the source.
    It they did not modify the kernnel, and did not staticly link any of there software to glibc then they could be as good as gold.
    I wonder if the BSD people might be right. Just because a company uses Linux and does not provide the source people start asuming that they have violated the GPL or more likely the LGPL. Maybe Linksys should look into using BSD. I am all for free software as in free speach and in free beer. However if the they follow the rules set out in the GPL and LGPL then they have every right not to share the source. Besides with this stupid SCO thing we need all the friends we can get.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  132. Thanks for the post by bill_mcgonigle · · Score: 1

    I know it should be obvious, but your post reminded me to post the source for a product I work on that uses some GPL'ed code. Thanks.

    Does anybody know what the proper thing to do with a config file is? (i.e. I modified a config file, but the modification has no value).

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  133. Whistleblower? by rulethirty · · Score: 1

    Who blew the whistle? Let us thank him/her... Now hopefully we can push forward with this and get Linksys to actually comply with the GPL...

  134. no mention != no source by ironfroggy · · Score: 1

    they dont have to tell everyone the source is there. we all know that by law they have to give any modified source. has anyone tried to request it?

  135. Re:Only if they changed something... (they did) by pla · · Score: 1

    Check out strings usr/sbin/udhcpd, and then compare that with the source of udhcp. Good number of things missing from the source. I want my code back.

    Ah, now, if true (I don't disbelieve you, but I have no way to verify it myself), you have made the best point of anyone responding to me thus far. Something beyond mere nitpicking - A real, verifiable violation beyond just an oversight on the last page of a product manual.

    THAT I will gladly call "foul" for, and demand Linksys start playing well with others.


    Incidentally, why post as AC? I almost didn't see your comment (sub threshold)... Mods - boost this guy a few points, please.

  136. Re:Linksys uses Linux but won't support it ? Hmmm. by kcurrie · · Score: 1

    Yes, this was VERY annoying, and I ended up pulling out the damn "firewall" my kids school was using and replacing it with something a little more ssh friendly. I couldn't find anything about this problem anywhere except on some (non-linksys) mailing lists either.

    --
    -- I speak only for myself.
  137. No by mindstrm · · Score: 1

    you missed the point... their changes are not necessarily covered by the GPL.

    The GPL says if you distribute at all, even teh stock kernel, you have to provide source (unless it's non commercial, and you received it with a written offer, you can pass that offer on, ie: I can give my friend a copy of debian, and not have any further obligation. A commercial distribution cannot.

  138. Simple. by mindstrm · · Score: 1

    It ensures the code is available.

    Yes, with the Linux kernel that is so very popular and widespread, there seems to be no benefit to linksys offering it as well.. but what if it's some more obscure stuff?

    This clause ensures that the source WILL be available.. it's not kernel.org's responsibility to satisfy linksys's GPL obilgations.

    So yeah, we shouldn't freak out at them for it, but they have a duty to distribute that source.]

  139. Carrots and sticks by Anonymous Coward · · Score: 0

    Linksys could be in the enviable position of being a hardware provider for an open source solution.

    The carrots:
    1) A code audit like you've never seen
    2) Somebody's going to come up with a nifty value-added tweak that will make this the hardware to own for certain applications (not that it isn't already).
    3) The favour of a community that makes the IT decisions for, not only themselves, but for their non-geek friends and family.

    The sticks:
    1) Like Carrot(1) but bad. The hackers will know that equipment better than Linksys.
    2) Court & accompanying bad press. Share price dropping like a Martian probe. Angry shareholders etc.
    3) Like Carrot(3) but bad. Negative reviews from the decision makers hurt sales etc.
    4) Gotta rewrite everything.

  140. Now that's just uncalled for. by Dogun · · Score: 1

    Clearly you don't realize that there is a distinction between work you do for a company and work you do for yourself. Most of us are not fortunate enough to make a living doing the kind of stuff we want to do in exactly the way we want, but there are a crapload of people who write GPL software as a hobby.

    If you're saying this because you don't realize that, I'm sorry for you.
    If you're saying this because you're defending companies that jack GPL'd code, put it in their products, and don't mention it anywhere and offer the source as they are obligated by the terms of the GPL, you're a bastard.
    If you're saying this because you're defending companies that jack GPL'd code, hack it to do new things and then distribute it in a product without giving cred and offering the source, then you're not only a bastard, but an asshole as well, and I would love to rip you a new one because the world clearly needs more of you guys.

  141. You are not sure because you are lazy by jotaeleemeese · · Score: 1

    Open Source is enhanced by the people that want to play fair.

    If some people have to infringe in the copyright of the Linux developpers they can;t expected to be welcomed to do so with impunity, neither can do so any other companies.

    If they don't like it they are completely free to use any closed source software solution or any BSD based solution.

    The GPL is clear and there is plenty of advice about what happens if you commericalize your products including GPLed software.

    In synthesis read the GPL you lazy bummer.

    --
    IANAL but write like a drunk one.
  142. Reasonable Force by ajs318 · · Score: 1
    This here document says that if you own an appliance, such as a Linksys Router, which contains GPL'ed code, then you have the right to the source code. The law of the land specifically permits {i.e. prohibits prohibition of} reverse-engineering for certain purposes, including academic and private study.

    If you ask a common trespasser to leave your property, and they refuse to comply, you are entitled to use reasonable force to remove them. {Note: common trespass = civil offence => no Old Bill. Not same as aggravated trespass = criminal offence => call the Old Bill.} When they sue you, your defence will rest on there not having been anything less harmful that you could have done to get rid of them.

    Stretching the analogy {in fine /. tradition} if you ask someone for a copy of source code to which you are entitled, and they default on their obligations, then you are entitled to use reasonable force to get that source code. Holding a knife to the throat of Linksys' chairman might be considered more than reasonable force, since you could have gleaned the information by a more benign method, i.e. reverse engineering.
    So my action plan would be:
    1. Buy one of these routers
    2. Reverse-engineer the firmware and check for GPL code (*)
    3. Publish anything you believe in good faith to be GPL'ed
    4. If anyone complains, point to the GPL and claim reasonable force as a defence {mentioning other less-benign tactics as a straw man}
    5. Remember, even in a Crown court, you only have to convince 2 people out of 12.
    * After this step, the one after next may well be comparatively easy.
    --
    Je fume. Tu fumes. Nous fûmes!
  143. Tivo did NOT play fair with Linux and the GPL! by getnuked · · Score: 1

    I hacked around with the early port of Linux to the IBM 403GCX a few years ago. Tivo, who also used the 403GCX, did NOT comply with the GPL. I, and other developers were amazed to learn the Tivo was using Linux, and it took many months before they finally released the source. Yeah, they are nice and friendly to Linux and the GPL now, yet they weren't always that way.

  144. Secret file found in file system! by morcheeba · · Score: 1
    This file Cysaja.asx was in the /www directory - it's probably accessable as 192.168.1.1/Cysaja.html. It looks like info you could get other places (except maybe for firmware compile time and that mysterious wl_packet_get at the end) - I wonder what it's purpose is and if this file is password-protected. This file wasn't in our non-radio linksys router.
    Module Name=<% get_model_name(); %>;
    Firmware Versoin=<% get_firmware_version(); %>,<% compile_date(); %>;
    Firmware Time=<% compile_time(); %>;
    SWAOLstatus=<% nvram_get("aol_block_traffic"); %>;
    SWAT&Tstatus=0;
    SWWanStatus=<% nvram_match("wan_proto","dhcp","0"); %><% nvram_match("wan_proto","static","1"); %><% nvram_match("wan_proto","pppoe","2"); %><% nvram_match("wan_proto","pptp","3"); %>;

    SWGetRouterIP=<% nvram_get("lan_ipaddr"); %>;
    SWGetRouterDomain=<% nvram_get("wan_domain"); %>;

    SWpppoeUName=<% nvram_get("ppp_username"); %>;

    SWGetRouterSSID=<% nvram_get("wl_ssid"); %>;
    SWGetRouterChannel=<% nvram_get("d11g_channel"); %>;
    SWssidBroadcast=<% nvram_get("wl_closed"); %>;

    <% wl_packet_get(); %>
  145. SETI by TeddyR · · Score: 1

    Imagine if all the companies that used embedded linux in their devices like the linksys and belkin routers were to install seti or any other distributed number crunshing item to tap the unused processor power of the devices....

    --

    --
    Time is on my side
  146. I guess... by black+mariah · · Score: 1

    I guess none of you have considered that possibly the source for the Linux kernel, as well as whatever else they're using, HASN'T BEEN MODIFIED. No modification, no release neccesary. Whatever they add on top of it does NOT become GPL unless THEY LICENSE IT UNDER THE GPL. Just because something runs on Linux DOES NOT MAKE IT OPEN SOURCE. Just because something contains Linux code does not mean you get the source. Tough shit.

    --
    'Standards' in computing only impress those who are impressed by things like 'standards'.
  147. Dell TrueMobile 1184 by Yonder+Way · · Score: 1

    FWIW, Dell has an access point / router that runs Linux called the Dell TrueMobile 1184. The difference is, when you contact Dell, they give you the source code.

    I have set up a <a href="http://trilug.org/~chrish/">page</a&gt ; on <a href="http://trilug.org/~chrish/">my web site</a> that deals with this wireless router, how to take it apart, what features are there to exploit, etc.

    I realize this is a late response but the search engines should hopefully pick up on this for those that are interested.