Embedded Device Manufacturers Ignoring GPL

swillden writes "Iain Barker and some other Linux Kernel Mailing List readers have discovered that several manufacturers of DVD players based on the Sigma Designs EM8500 chipset are distributing Linux, both in the devices and as binary-only firmware upgrades, but not providing source. Apparently, Sigma Designs provides its customers with a copy of the kernel as part of a chipset SDK, and those customers are making and selling devices without complying with the terms of the GPL. It's not clear if this is because Sigma didn't tell its customers about the GPL and their obligations, or if they're all ignoring it on their own. Maybe they've all bought licenses from SCO and therefore don't have to comply with the GPL? The LKML post contains a list of some of the infringers."

Comments

Re:How do they know the GPL is being violated?

[swillden]

The GPL doesn't state that distributors have to supply source with all products, only that it is supplied on request. Thus the company does nothing wrong until it refuses to release the source upon a request.

This is not correct. For commercial distribution, if you don't provide the source along with the binary, you are *required* by the GPL to provide a written offer, valid for at least three years, to give the source to any third party for no more than the cost of distribution.

These DVD players come with no source and no offer of source, therefore they haven't fulfilled their obligations under the GPL and have no right to distribute Linux.