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SWSoft Out of Compliance With the GPL

MBCook writes "According to the Official Wine Wiki, SWSoft's Parallels 3.0 contains LGPL code. It seems that the new 3D acceleration features of Parallels 3.0 are based on Wine code (SWSoft isn't hiding this), but despite repeated requests they have not yet released their changes for the Wine developers. It has now been 22 days since SWSoft was first contacted on this issue; at the time they promised the code within 1-2 days. They have been contacted numerous time and currently say that they are waiting on 'legal department approval.'" Update: 07/03 00:06 GMT by KD : Reader something_wicked_thi notes that Parallels released the source code the next day.

11 of 419 comments (clear)

  1. legal approval? by timmarhy · · Score: 4, Insightful
    haha, what the fuck are they waiting for legal approval for? is legal going to tell them it's ok to violate someone elses copyright?

    This is why i hate software firms, stealing of gpl'd code is rife in the industry, yet software firms (i'm looking at you microsoft) are constantly pointing the finger at OSS as if THEY are the ones guilty of theift.

    the reality of the situation is that OSS is far more concious of copyright and patent issues then anyone else, and do far more then anyone to audit code for violations yet somehow have been slapped with this label of code stealers.

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  2. Be patient by Rix · · Score: 5, Insightful

    22 days isn't very long, and it sounds like they're not entirely sure where they stand. Let them get proper legal advice, and then plan out what they'll release. The alternative is that they'll clamp down, pull the feature, and release nothing.

    1. Re:Be patient by Whiney+Mac+Fanboy · · Score: 3, Insightful

      22 days isn't very long, and it sounds like they're not entirely sure where they stand.

      Bollocks. Just like other copyrighted code, Parallels shouldn't release derived binaries until they're compliant.

      What if (say) Microsoft was including some Apple products in Vista - and hadn't responded to Apple's questions for 22 days. Would you be saying "Calm down, give Microsoft some more time to seek legal advice"?

      The alternative is that they'll clamp down, pull the feature, and release nothing.

      Well, I can see why that would upset Parallels fans - but please explain wtf wine should care.

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      There are shills on slashdot. Apparently, I'm one of them.
    2. Re:Be patient by kripkenstein · · Score: 5, Insightful

      Be patient
      Excellent advice in general, and in this case specifically. As the Wine project's wiki page says,

      This page is meant for keeping track of this, without starting legal action or a publicity campaign yet.
      ...but someone decided to post it to Slashdot, and the editors published it (effectively starting a 'publicity campaign' of sorts). That was really unnecessary. Sure, SWSoft said they would reply in 'days' and it has been weeks, but weeks is still very little time. I agree with the Wine people on that.

      As for why they are waiting for 'confirmation from their legal department' or such, who knows, perhaps the lawyers just need to sign off on it and one of them is on vacation. Or perhaps the code contains snippets from other code sources and they need to ascertain some issues first. It does make sense to be careful before publishing source code - although, true, they should have been careful *before* distributing the binaries.
  3. Re:"legal department" is probably confused by Actually,+I+do+RTFA · · Score: 3, Insightful

    is flabbergasted that their developers embarked upon something where they have to release their code... Except it isn't the developer's code. They do work for hire after all, and their code is SWSoft's. Maybe they didn't have permission to use LGPL code in their product?

    I admit is seems unlikely however. I just want to point out that many people don't have the freedom at work to decide things like that. If I tried to incorporate F/OSS code into my work, I would lose my job, and the code would get pulled.

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  4. For a lawyers opinion by Actually,+I+do+RTFA · · Score: 5, Insightful

    It is LGPL'd not GPL'd code. The license expressly states that the reason for the LGPL is to allow proprietary software to use the library in some ways. Maybe they are sitting down with their lawyers to ensure compliance absent releasing the source. Maybe they have several contributors and need to sort out the rights so they don't get sued. Heck, maybe they are seeking clairity on this point from the license:

    When a "work that uses the Library" uses material from a header file that is part of the Library, the object code for the work may be a derivative work of the Library even though the source code is not. Whether this is true is especially significant if the work can be linked without the Library, or if the work is itself a library. The threshold for this to be true is not precisely defined by law.

    Point is, lawyers are slow, and companies often use them to prevent negative, unforseen consequences. Give them more time before crucifying/boycotting/etc. instinctively.

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    1. Re:For a lawyers opinion by enrevanche · · Score: 3, Insightful

      If they can't comply by the license in the first place, they should stop selling the software until they get their "legal" issues sorted out. They're probably trying to avoid releasing code by moving it to other modules even though this will violate the license.

    2. Re:For a lawyers opinion by SanityInAnarchy · · Score: 4, Insightful

      The license expressly states that the reason for the LGPL is to allow proprietary software to use the library in some ways.

      But if I understand this, they have modified the library itself, and not released their changes. The LGPL lets you link with a library, including using the library's official header files, without your program being considered a derivative work of the library -- your own code does not have to be LGPL'd.

      However, the library itself is still LGPL'd, and anything you do with it must still have source code released.

      Point is, lawyers are slow, and companies often use them to prevent negative, unforseen consequences. Give them more time before crucifying/boycotting/etc. instinctively.

      I'm sorry, the time lawyers have to work this out is before the software is released. They are now in violation.

      Let's say I start beating the shit out of you, and you tell me to stop. Should I stop, or should I call my lawyer and wait a week for him to tell me it's OK to stop (during which time I'm still kicking you)? The correct answer is I should stop, and for that matter, I should never have started. My lawyer should have told me not to kick you in the first place.

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  5. Re:Maybe a legal opinion? by Anonymous Coward · · Score: 3, Insightful

    > Think for a moment and stop going off like an idiot.

    > Who do you think should make the decision as to what is legally required? Perhaps the legal department? Perhaps they have outside counsel like many small companies, and their lawyers needs to read the LGPL and figure out what it applies do.

    Wtf are you talking about ? The thing is as clear cut as it can be. In http://www.parallels.com/en/licensing/ parallels says that you have to send a request to "license@parallels.com" to get the source code. Legalities like the right to distribute software should not be handled AFTER the sale, but BEFORE.

    As a paying parallels 3.0 customer, I sent an email, asking for the source code. Either they send me the source code in a reasonable delay, or I will ask for a refund (because they are sending me software they have NO RIGHT to distribute).

    > Companies that sold CDs and simply put links on their website to their modified code weren't complying with the GPL.

    Wtf? How can you get modded insighful ? Parallels 3.0 is only available via the net, so they only have to provide the link on the net. Here is the corresponding serction of the FAQ:

    http://www.gnu.org/licenses/gpl-faq.html#TOCDistri buteWithSourceOnInternet

    "I want to distribute binaries via physical media without accompanying sources. Can I provide source code by FTP instead of by mail order?
            You're supposed to provide the source code by mail-order on a physical medium, if someone orders it. You are welcome to offer people a way to copy the corresponding source code by FTP, in addition to the mail-order option, but FTP access to the source is not sufficient to satisfy section 3 of the GPL.

            When a user orders the source, you have to make sure to get the source to that user. If a particular user can conveniently get the source from you by anonymous FTP, fine--that does the job. But not every user can do such a download. The rest of the users are just as entitled to get the source code from you, which means you must be prepared to send it to them by post.

            If the FTP access is convenient enough, perhaps no one will choose to mail-order a copy. If so, you will never have to ship one. But you cannot assume that.

            Of course, it's easiest to just send the source with the binary in the first place.

            If you distribute binaries via FTP, you should distribute source via FTP."

    Cheers,

    --fred

  6. Re:The GPL: Intellectual Theft by trianglman · · Score: 3, Insightful

    Sorry to feed the troll, but you obviously don't know the first thing about Linux, and both you and your company's lawyers don't know the first thing about the GPL.

    were unable to defrag its ext2 file system

    ext2 and 3 are both designed to not need to be defragged, unlike FAT or NTFS, which require it on a regular basis to keep from being nigh useless.

    So you can imagine our surprise[sic] when we were informed ... that Linux is copyrighted under something called the GPL.

    Any company that doesn't examine the licensing of the software it will use before putting it into production deserves whatever legal consequences it earns. The first thing I do before starting a project based on other open source (or more rarely proprietary) software is check the listening t make sure I can use it for what I need.

    Part of this license states that any changes to the kernel are to be made freely available ... Furthermore, after reviewing this GPL our lawyers advised us that any products compiled with GPL'ed tools

    WRONG. The GPL only requires source code disclosure if you distribute the modified code. GPL code isn't free in the do whatever you want, anarchy style freedom that some might want. GPL is free in a community conscious, mutual support style. I personally, as a developer, am of a mixed opinion about this setup. On one side, there is the desire to try making money by hiding "secrets". The other side is that the people who wrote GPL code put a lot of (usually personal) time into developing this code and taking their code without proper credit and listening to their wish on how to use the code.

    If you think that using someone's code without proper credit is fair, stop using GPL and label yourself an IP thief. You will also need to write your own kernel (or go back to paying $150+ per seat to use Windows). There are different costs for using different things. Community support is the cost of GPL software, cold hard cash (along with the potential for other, undisclosed costs) is the cost for proprietary software. Its your choice, but when you chose don't complain that you didn't look at what you picked.

    --
    Clones are people two.
  7. Re:Maybe a legal opinion? by samkass · · Score: 3, Insightful

    I don't think anyone's arguing they are out of compliance with their license. The question is whether 1-2 days is a reasonable timeframe to correct a legal matter. These guys don't appear to be doing anything except being a little slow to respond to legal inquiries-- they are showing every intention of complying and show a basic understanding of what they have to do. Just give them a little time.

    --
    E pluribus unum