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:Suing for damages? Inappropriate, IMHO

[Anonymous Coward]

Well, the donated half the profits back to SAE (the defendant). Presumably the rest was for court costs/legal fees. If you read TFA, the lawyer for the plaintiff basically states this--the goal was not to win money, but to improve SAE's processes. There was no intent even from the plaintiff to punish.

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.

I don't see anything for the GPL in here

[Qzukk]

Yes, the code was written under the GPL, yes the SAE did then take that code and start selling it as if they had written it and without the GPL, but it seems that the entire process was over whether the SAE owns their own regulations after the government steps in and turns them into Law.

The answer, as it was in the prior case cited, was "no".

It seems that the license of the software involved wasn't related to the case at all, other than as a "starting point" for the case to begin. If the code had been BSD-licensed, they wouldn't have been suing the SAE first. If nothing else, it simply indicates that you can issue a DMCA takedown notice for GPL'd code someone else is using without obeying the GPL license.

Re:Okay, now it's official (slightly off-topic)

[dgatwood]

Actually, it's pretty easy to say those two things consecutively. One has to do with using copyright to protect profits versus people taking copyrighted material for personal use, while the other has to do with using copyright to protect people's right to personal use against a company taking the source code, changing it in non-public ways, and selling it for a profit. A lot of people see those as being very different arguments. In fact, they are basically diametrically opposite uses of copyright.

In fact, one might reasonably argue that copyright law should be altered to always allow personal use, in which case using copyright to protect against GPL infringement would be covered, while the RIAA suing their customers wouldn't. More to the point, almost all "fair use" falls into the category of "personal use", and most "personal use" has historically fallen under "fair use". The Audio Home Recording Act essentially set that as the standard when it came to infringement, so it isn't really as unreasonable as it sounds.

As for myself, I could go either way on the issue of personal use. However, I don't think that's what the RIAA suits are really about. I think that in those suits, copyright is essentially being used as a sledgehammer to stifle potential competition. By painting P2P in such a negative light, they reduce the effectiveness of P2P technology and the internet as a whole at allowing unsigned artists to be heard---something that the recording industry desperately wants to avoid, as it significantly weakens the relevance of their role as gatekeeper....

Sometimes coins have more than just two sides.