Michigan Diagnostic Software Case Big Win for GPL

Pig Hogger writes "Many people claim that the validity of the GNU Public License has not been tested in court in the US. Well, it just had been, in Michigan, in a case that validated open-source car diagnostic software against the pretension of automakers who want to keep it secret. But don't take my word for it; read the story on GROKLAW." It's actually the Society of Automotive Engineers involved here; DrewTech (the developers in this case) nicely donated half of their settlement money to the SAE.

Comments

Good.

[daveschroeder]

But remember, the GPL itself is not specifically "tested", per se, because GPL software developers assert them rights granted to them via copyright on an individual basis. This makes it a sometimes long and arduous process to assert rights and/or prove infringement, but hopefully more precedent will help.

Since the provisions of the GPL have been upheld in a case in Germany as well, maybe PearPC will be able to more easily defend itself against CherryOS, which has blatantly taken GPL code, without release of source code or attribution, from PearPC and several other GPL projects:

eWeek has a general overview of the situation:

http://www.eweek.com/article2/0,1759,1775386,00.as p

Below is a comprehensive collection of evidence, which runs the gamut from CherryOS including original PearPC graphics, extremely unique strings and error messages, debug code from PearPC, the same unique MAC address as PearPC's default network adapter, shared specific functionality, including bugs, and so on:

http://www.ht-technology.com/cherryos-pearpc/cherr yos-pearpc.html

http://www.drunkenblog.com/drunkenblog-archives/00 0501.html
http://www.drunkenblog.com/drunkenblog-archives/00 0503.html
http://www.drunkenblog.com/drunkenblog-archives/00 0504.html
http://www.drunkenblog.com/drunkenblog-archives/00 0507.html

http://starport.dnsalias.net/index.php?show=articl e&id=348

http://forums.pearpc.net/viewtopic.php?p=16178#161 78
http://www.tliquest.net/ryan/cherryos/
http://dhost.info/kourge/en/projects/frauds/cherry os.php

Additionally, PearPC project authors are already asserting their rights under the GPL:

http://sourceforge.net/mailarchive/message.php?msg _id=11116974

And a general compilation of some of the evidence so far against CherryOS:

http://sourceforge.net/mailarchive/message.php?msg _id=11125509

Not a win, but a settlement

[suso]

Unless I'm missing something, this ended in a settlement, not an in court win backed up by a judge.

Re:Not a win, but a settlement

[johnnyb]

"Whether licenses add rights or take them away depends on your perspective."

Incorrect. It depends simply on copyright law. The GPL takes away NO FREEDOMS that are given by default by copyright law. Instead, it adds to them.

"On the other hand, people don't have the automatic right to distribute source or binary, so you could say that both the GPL and an EULA add rights."

Incorrect. EULA's don't generally give you a right to distribute source or binary. If you know of one that does, give me a holler.

By default, copyright allows you to (a) use your program for any purpose, (b) learn from it, (c) modify it for yourself, and (d) keep an archival copy. Most EULA's restrict (b) and (c). The GPL adds additional rights. That is why it is unique. If you know of an EULA from a major vendor that adds additional rights that normal copyright wouldn't give you, let me know.

thank you very much... not

[advocate_one]

I wondered why it had gone extremely slow... by the way, the article poster has got it wrong. It's not a victory per se for the GPL as it never went to the finish, the two parties settled instead. However, it is possibly good news for those of us frustrated at companies tying up international standards with submarine patents and other IP trickeries... Microsoft watch out.

So why start a new project?

[chaffed]

Freediag is stagnant because people have lost interest. If they want to implement new protocols within the 0BD II standard they should pick up Freediag and continue the development. Freediag is almost completely finished the portability portion of it's development. It compiles under most operating systems.

I guess Yay! for GPL being upheld in court. Yay! For independent an DIY auto repair folks. However, bummer for a project that really needs some new blood.

nothing to do with the GPL

[iamnotanumber6]

really - whether this was a settlement or a judgement, it really has nothing to do with "testing" the GPL.

1. some people (Drew) wrote some software that complied to (implemented) a standard.
2. the standard is copyrighted by someone else, the SAE (the issue of whether they can copyright or charge royalties on something that's part of the law I think is a side issue).
3. SAE tried to claim ownership of the copyright of the software, claiming it was a "deriviative work" of the standard.
4. they were unsuccessful in doing so, the core reason being because copyright only covers a particular composition of text, not the "ideas, procedures, processes, methods of operation, concepts, principles, or discoveries," that may be described, explained, illustrated, or embodied" within it. if I write a book explaining how to turn lead into gold, you can't copy the sentences and paragraphs I wrote. but you can certainly write your own book explaining the same procedure. this is a long-standing principle, and no new legal ground was broken here - no precedents.
5. Drew was confirmed as the legal copyright owners of their software, not the SAE, which was what the case was about.
6. Drew (had) happened to release the code under the GPL. This is an expression of how they wish to excercise their copyrights. But nothing about the GPL was tested or decided. Only that Drew owns the copyright, which allows them to release it under GPL, and SAE cannot prevent them from doing that because SAE does not own the copyright because it is not a derivative of SAE's copyrighted work.

the validity and terms of the GPL never entered into it. talk about a "victory for the GPL" is nonsense.