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Verizon Being Sued for GPL Infringement
darthcamaro writes "According to the SFLC, Verizon can be added to the list of companies infringing on the GPL. They filed a lawsuit in New York yesterday (pdf) alleging that the company is handing out routers using the GPL'd software 'BusyBox' without accompanying source code. Today the SFLC spoke to the media to lay out its case: 'The legal action against Verizon come as the fourth action that the SFLC has undertaken this year on behalf of BusyBox on GPL issues. The GPL is a reciprocal license that requires users of GPL-protected technology to make their source code available to end-users. To date, the SFLC has settled with one defendant out of court. Two actions, facing Xterasys Corporation and High-Gain Antennas, are ongoing and Ravicher said he's optimistic about negotiations resulting in a resolution with each.'"
The router in question is the ActionTec MI424WR. It's very pretty, and the web admin page is quite intuitive.
Unfortunately it has a MAJOR flaw. They're giving it out to their FIOS customers now, and the router shuts down when it gets hit too many times. This happens when using a Torrent, but also when refreshing STEAM server lists!
It's quite annoying, and since it's used by the TV set-top-boxes in the house it's kind of necessary. It's a shame, my 20Mbit connection can't handle Steam.
The problem was found a while back (when the casing wasn't as pretty about a year ago) but still no fix. I believe it has to do with a small NAT table.
Sounds like the archos 605.
It apparantly runs Linux but uses executables signed with their private key and people haven't yet cracked it open.
Shame really because they are nice.
liqbase
Well, given that they are using the code one must assume that they have accepted the GPL or they would have no rights to it at all, so the failure to release source can be seen as a failure to comply with the license. They can of course argue that they never accepted the GPL at which point it's a plain copyright violation.
They don't really have to bundle the code with the units though. Just hand it over on request from a user. The article wasn't to clear on that. But I expect SFLC tried to ask them for it before it came to this.
You can do tftp firmware upgrades to the router much like the Linux based Linksys boxes.
The uses I can foresee is modifying the ipstack and modifying snmp of the router. I am sure more creative minds than mine can come up with much more useful ideas.
Work bio at MMWD
Bullshit. Their users can't install new versions on the box, but other developers can look for changes they've made, and possibly incorporate them into their own code. You could create a replica of the hardware, and install their code on it. You can find and point out security vulnerabilities. There's plenty of reasons you'd want the source, without being able to modify the code running on the box itself.
(a) They don't actually have to include the source code with every router - just a written offer to supply the source code on demand. (I assume that the references to "including the source code" are journalistic imprecision or its gonna be a very short lawsuit).
(b) Users may also be developers who wish study the source code or to use or modify the software in other systems - as is their right under the GPL.
Anyway, most such products ship with a CD for plug-n-drool installation so how hard can it be to include a few source files?
In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
Verizon modded the firmware to at least display the Verizon logo on the router's admin pages. They usually supply the modded firmware themselves, so it's not Actiontec who's at fault (they are in GPL compliance). It's Verizon (with the modded firmware).
--
# Canmephians for a better Linux Kernel
$Stalag99{"URL"}="http://stalag99.net";
SFLC is the Software Freedom Law Center. You can think of it as the militant arm of the Free Software Foundation (FSF), though one does not directly control the other. Its founder and main figure is Prof. Eben Moglen, formerly general counsel and board member of the FSF.
If the router is owned by Verizon, and merely rented or provided for use by customers, then Verizon is not under GPL obligations - regardless of whether it is on customer premises. It is only if Verizon is selling or giving away the routers that they need to meet GPL obligations. The case of DRMed media and devices is weird. While ostensibly a "sale", you can't actually do anything with the product without permission from the maker. Thus Tivo and *AA companies are lying to consumers when they offer to "sell" DRMed media and devices. The media/device is still effectively owned and controlled by the maker. The best way for such companies to avoid GPL 3, stop lying to their customers, and still maintain the desired control, is to call a spade a spade and rent DRMed media and equipment. Call it a "long term rental" if you want. When I go to the theatre, I don't expect to be able to do what I want with their equipment.
Well, if you had RTFA (but this is /.) you would have seen that they state Verizon is distributing the binary from their web site. That nullifies any, "we're only renting the router" arguments. They are distributing binary. They have to distribute the source too.
Ok, this is nit-picking, but it comes up every time there's a "GPL violation" in the courts/news. Verizon is not being sued for a "GPL violation". The GPL is NOT an EULA, it is a copyright license. They ONLY have the rights to distribute the GPL'd software in question if they abide by the terms of the GPL. If they are not abiding by the terms of the GPL, they don't have the rights to distribute the software *at all*, and since they continue to distribute it, they are distributing it in violation of copyright. Sure, I don't expect the media to get this right, but at least the Slashdot editors could. The subject should read "Verizon being sued for copyright infringement".
The fact of the matter is that if you're distributing GPL'd code in a manner that would violate copyright if no license were given (e.g. copying it), then you must distribute the source code (either directly or via a written offer).
Of course, if you're not distributing GPL'd code in a manner that would otherwise violate copyright (e.g. you don't make copies of it yourself, you buy devices with the GPL'd code already in place), then you don't have to do anything. TFA doesn't make it clear whether this is in fact the case with Verizon.
~ roscivs
It's not locked down. Verizon gave me an Actiontec router free with FIOS service. You get the password, and you can reconfigure anything you want. You don't need to change anything, since the installer will get it working with your wireless laptop if you need the help (default setup is 64bit WEP). You can also use your own router, but if you get FIOS TV, you'll have to use the Actiontec because it has a coax out for the TV set-top box. I tossed it in the closet because wireless performance sucked. Not sure if it was WPA or incompatibility with the wireless client, but it barely worked in the same room.