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Is Sveasoft Violating the GPL?
Ron Harwood writes "First, Linksys was violating the GPL by not releasing their source for their Linux implementation on the WRT54G wireless router and WAP54G access point. When this was rectified, third party firmware started showing up. Well, now it looks like Sveasoft (one of the third party developers) has decided to restrict access to their modified source code to subscribers - that also will need to pay $49 for a CD rather than being able to download it." The thread summary at DSLReports only makes it clear that this is all very complicated.
So, are the subscribers allowed to redistribute the modified source that they purchase? If so, there's no violation (at least, not on that point). If not, then yes; they are in violation of the gpl.
If you read the GPL closely you will notice that it says that in exchange for adding a warranty you can charge for the product, it does not require you to make a version without a waranty availible. This is both a strength and weakness of the GPL, its what I've always hated but its why its commercially viable.
I run wifibox instead of Sveasoft. Its GPL compliant and has SNMP. Hmmmm, pretty graphs.
Strange women lying in ponds distributing swords is no basis for a system of government.
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:
Yes, you can choose to distribute using an ftp server, but how exactly does one go about recovering their distribution costs that way? By putting it on a CD and charging for snail mail at least you can break even on your distribution costs. Of course, why they don't just put the CD in the box with the router is beyond me.
How we know is more important than what we know.
'Standards' in computing only impress those who are impressed by things like 'standards'.
That policy does not conflict with the GPL in any way, because the GPL does not require Sveasoft to provide subscriptions.
This is quoted directly from the Sveasoft Forums.
> Okay, so here is the Sveasoft business model, as I understand it:
>
> 1. Sveasoft produces GPL'ed code which runs on a GNU/Linux based
> router.
>
> 2. Sveasoft distributes pre-releases of their software on a
> subscription
> basis and provides priority support to the subscribers.
>
> 3. The pre-releases are offered under the GPL and subscribers are
> entitled
> to distribute them publicly if desired.
>
> 4. If a subscriber *does* redistribute the pre-release code
> publicly,
> before it becomes a production release, they are considered to
> have
> "forked" the code and do not receive future pre-releases under
> the
> subscription program.
>
> 5. Once a pre-release works its way through the testing program
> and
> becomes a production release, it is made available under the
> GPL for
> public download, both "free-as-in-speech" and "free-as-in-
> beer".
>
> James, please step in here if I've missed anything, or if I haven't
> accurately characterized some piece of the above.
>
> I look forward to getting the FSF compliance lab's feedback on
> Sveasoft's
> business model. Thanks for your help!
> Hi Rob,
>
> I would just underscore that whenever we distribute binaries they are
> *always* accompanied by the source code.
>
> Subscribers are free to do whatever they like with the pre-releases
> with the proviso that if they distribute it publicly we are not
> responsible for support and they need to develop the code further
> themselves from that point forward.
I see no problems with this model. If the software is licensed under the GPL, and you distribute the source code with the binaries (as opposed to making an offer for source code), you are under no obligation to supply future releases to anyone.
Please be clear that the subscription is for the support and distribution and not for a license.
Peter Brown
GPL Compliance Manager
However, here's the catch: The GPL requires that the people who get the software must also be given the GPL as a license option that they may apply to the copy they just got. (The redistributor can offer any other license they want too, but they have to give the striaght-up unmodified GPL as another option if they do.) Therefore, only one person needs to pay the fee, and then, they can post the code for free download.
Absolutely incorrect. The distributor can't relicense code that they don't own; the only license they can offer that software under is the GPL. Dual/multi licensing is only available as an option to the copyright holder.
His description was incorrect, though very close to correct.
Firstly, Like QT, it is under a dual-licence. Secondly, remember GPL controls distribution, not use. Now, you can have the software distributed to you under the terms of sveasoft, which entitles you to upgrades, or under the terms of the GPL. The second option is there because they cannot take away rights under the GPL.
However, the extra rights they are providing (the subscription/upgrade model) are optional -- the GPL does not mandate them. Therefore, they can take them away for any reason whatsoever and in this case, they have said they will take away those bonus rights if you choose to excercise the distribution rights you got through the GPL.
It is much like where the GPL says: "You do not have to accept this licence, however this licence is the only thing permitting you distributing this software... etc." Either give up your cool subscription or choose not to excercise your GPL granted freedoms.
So to make it painfully simple: You have all the rights that the GPL gives you. They are asking you (using a stick) not to excercise them. But you still do have all those rights (and a few more).
I'm not affiliated with Sveasoft, although I'm running their firmware on two access points of mine. I've browsed their forums, and while I'm not a subscriber I've considered it. Much of this discussion appears to be misleading of the actual facts as I see them.
Sveasoft modified the GPL'd Linksys firmware adding a lot of features, capabilities and bug fixes. Originally, the firmware and source code were freely available on the Sveasoft ftp site. There were usually two versions: a work-in-progress and a latest-stable-release. The work-in-progress was exactly that - new features that may or may not be working, old features that might be broken, and miscellaneous instabilities or anomalies. The source code for the work-in-progress was not always available, but then people were told not to use the work-in-progress unless they had a specific reason to do so. People were told to download the stable release unless they were willing to help test the unstable version or put up with it's limitations.
Tech support was handled on the forums. This worked pretty well for knowledgable people, but became increasingly difficult when people would download the work-in-progress and then have things that wouldn't work. A few months ago, several individuals started complaining about GPL responsibilities and demanded the source-code to the work-in-progress be posted. This despite the fact the work-in-progress wasn't an actual release, but a testing copy.
Sveasoft became disillusioned by the amount of vitriol and demands from these annoying individuals and decided to switch to a subscription basis for the prerelease versions. The source code and binaries for release versions would still be available for download, but the bleeding edge would only be available to people who paid the $20/year subscription or worked out an arrangement with Sveasoft. They said they'd be more than happy to waive the fee if you were contributing something to the effort. That could be help with coding, writing documentation, online support, testing features, or many other ways to assist their efforts. Propose something to them.
They never refused to release the source code. They release the source code when they do an actual release of the firmware, when it's nice and stable and working. Sveasoft has said everybody can freely redistribute the release versions of their firmware and source code. They've never said that you cannot redistribute the pre-release versions, but that if you do, you've basically forked the code and it's your release now. You provide all support and further maintainance on it and you forfeit your subscription to future prerelease versions.
None of this I have a problem with. It's an unreleased version of the code; they shouldn't be expected to support it. If one of my beta testers leaks my code to the internet, I'm certainly not going to be sympathetic if someone downloads it and has problems with it and calls my tech support for help. Why should Sveasoft? They've done a nice service to the community and released many versions of firmware that are greatly advanced over the standard Linksys versions. It's annoying when a few obnoxious weekend-lawyers try to nickel-and-dime the literal words of the GPL rather than respect the intentions and values of the people who wrote it. Nothing Sveasoft has done persuades me that they have anything other than these values at heart and that they're being unfairly singled out for persecution. It's unfortunate that a few annoying individuals have to ruin things for the rest of us.
I wish Sveasoft the best of luck going forward, and congratulate them on what they've accomplished so far.
Money for support and the code is free
Do not let all the flames fool you, this is my real experience with Svasoft:
Sveasoft is not charging $20 dollars for the binaries. The binaries are free.
Svaesoft is charging $20 dollars for access to the support forums. Nothing ilegal there. I paid $20 dollars and the support and I am more than happy with what I got.
There are two types of binaries:
1) Stable firmware is released for free in binary form, just as many Linux distributions are available for free. Yu can dwonload those right now from the Linksysinfo.org site. If you want the source code of the freely availabe stable releases you can buy it via a $50 dollar CD, if the $50 were really substantialy above the real cost of generating and shipping the CD, there would be a market of people who would profit from re-distributing that seme CD for less, as anyone can do that under the GPL terms. It happens all the time with all major Linux Distributions.
2) Pre-release bianaries are shared only with forum suscribers (but still free). Forum suscribers are allowed access to the source code (I am a subscriber and just to check I re-downloaded the latest Alchemy pre-release 5.1 10 minutes minutes ago). According to the GPL I can redistribute the binaries and the source code. Sveasoft support agreement says that if I decide to re-distribute myself I terminate my support contract (not my rights and obligations to re-distribute according to the GPL terms), and that Sveasoft has no obligation to support the people to which I decided to re-distribute.
Svasoft has not re-written a single iota of the GPL license. He only wrote the terms of his support agreement, and those terms do not contradict or oppose the GPL in any way, as the GPL does not dictate support terms. Sveasoft is respecting every letter of the GPL license.
All the fuss is being generated by people who misunderstand the GPL, the GPL does not mean free (as in bear) support, it means access to the source code and the freedom to modify, fork your own code and/or re-distribute. You have the freedom to buy support from anyone, or support that yourself, or to make money supporting it for others. You have the right to fork the code if you want and create your own distribution.
Sveasoft understood better than most the GPL and how to create a support model that does not depend on charity and where slackers do not get an absolutely free ride. Yet even slackers get a great deal from stable firmware.
He figured how to get the benefits of GPL code without many of the perils of the "tragedy of the commons".
Despite all the moaning and groaning we are hearing, this is actually a very good development for the GPL community. A sustainable model to support the devolopment of more GPL software.
People who are willing to spend time and money to debug bleeding edge software, have now found a way to build a community that supports itself and its key developer. The entry barrier is incredibly low, $20 dollars, but despite the low $20 barrier, that seems to have been enought to exclude all of those that make a lot of noise but no real contribution to the GPL community. They are mostly posting flames here and at DSL Reports, while the Sveasoft forums are getting more quiet and productive as the community is being self selected and more focused.
Real men and gals that want to support and develop the GPL commons, are very happy and working as hard as ever to develop great new features. Anyone with time and $20 dollars can join the effort.
Once the firmware is stable and debuged it will be contributed back to the greater commons. If for any reason Svasoft wanted to delay that, i am sure someone in the fourm, will decide to quit his/her support and contribute the code to the community ( I know I would), but I am also confident that Svasoft will do that, as he did very recently with the 4.0 firmware.
Do not let the noise fool you, the GPL is safe and getting stronger.
Hello everybody.
Sorry I join this discussion so late. I might be the one who got that debate started.
My story is not a short one which is why I posted it on a website.
A quick overview: offered binary for download, got serious threat emails from Sveasoft about it, they had my webhost cancel the account, my email provider delete my mailaccount and more: they claimed publically that I was defaming them just because I posted their emails.
Read the entire story, it's worth it.
It tells a lot about James Ewing.
TheIndividual
http://www.30mb.com/x/annejuul/