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Bell, SuperMicro Sued Over GPL

Markus Toth writes "The Software Freedom Law Center (SFLC) has filed two more copyright infringement lawsuits on behalf of the developers of the Linux-based BusyBox utility suite. The suits allege that Bell Microproducts and SuperMicro Computer each violated redistribution stipulations of the GNU General Public License (GPL).The Bell Microproducts suit pertains to the Hammer MyShare NAS (network-attached storage) appliance, which is sold by Bell's Hammer Storage division. I was the one who alerted the busybox developers about the GPL violation after providing a script for disassembling the firmware and instructions about mounting the contained initrd. As you see in my first post at the gpl-violations.org mailing lists where I posted all mails that I sent to and received from Hammer Storage, they refused to provide me the GPL sources several times. Looks like they will have to provide them soon; I will post any updates in the nas-central blog."

5 of 273 comments (clear)

  1. Source not posted? by Anonymous Coward · · Score: 5, Informative

    Are the files at the bottom of
    http://www.hammer-storage.com/support/software_updates.asp
    not the right stuff?

  2. Re:Funny thing about GPL by zapakh · · Score: 5, Informative

    The people who wrote it are always complaining about there being too many lawsuits, yet they engage in the same activity that they critisize. This just in: The GNU GPL is not Mr. Nice Guy.

    Besides which, the complaints about lawsuits typically have less to do with quantity and more to do with quality. Otherwise the discussion threads would be much shorter.
  3. Re:Better late than never by Wizzar · · Score: 5, Informative
    I'd just like to add that the 11th was two days after the lawsuit was filed.

    From the article:

    The lawsuits announced today were both filed June 9 in the United States District Court for the Southern District of New York.
  4. Re:Maybe I'm wrong... by Todd+Knarr · · Score: 5, Informative

    No, you're not being pedantic, you're being wrong. To quote from the GPL v2, section 3b (which covers distribution of source for binaries which were distributed without accompanying source), the vendor must:

    Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange;

    Notice that the offer does not say the vendor must give only people who bought their product the source code. It says they must give any third party the code. Now, under section 3a the vendor only has to give the code to people who receive the product, but 3a pertains to the vendor distributing the source code with the product itself. If they don't include the source code with the binaries, 3a doesn't apply. And since it's not a non-commercial distribution, 3c doesn't apply either.

  5. Re:Fear. by Sancho · · Score: 5, Informative
    Linksys had their hand forced. Even after discovering the issue in 2003, and releasing the source code for object code run by the then-current devices, they still (apparently) didn't get the point. In 2005, this posting to gpl-violations indicated that Linksys released a product using GPL code and wasn't prepared to release the source for at least four months.

    I have to believe that their routers are some of the most popular ones out there, primarily because a buyer, if they so choose, and easily upgrade to a different OS (which is what I did with my WRT54GL, which now has dd-wrt - I love it!) You can bet that Cisco, who bought Linksys shortly before the debacle, wasn't happy. Being able to get high-end device features on a low-end device is not part of most businesses plans. I'm sure that Linksys devices were extremely popular due to this, but one has to wonder if Cisco lost any sales to small-to-medium businesses over it.