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Australian Telco Telstra Complies With GPL

An anonymous reader writes "Late last year, Australia's biggest telco Telstra was sharply criticised for using GPL'd code in several of its new products — but not publicly distributing changes it made to the code when doing so. However, it looks as though the company has now come clean, publishing a source code CD of the files changed in its development effort and acknowledging the GPL and Lesser GPL. It's good to see companies responding to the open source community this way and engaging — makes a change from the past!"

55 of 90 comments (clear)

  1. Wow. by Anonymous Coward · · Score: 1

    And it's Telstra of all companies deciding to do the right thing. I find that amazing.

    1. Re:Wow. by Fluffeh · · Score: 1

      *sips coffee*

      Indeed.

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    2. Re:Wow. by ytaews · · Score: 1

      To be fair, Telstra under Thodey have given us every possible indication that they're not going to be the Telstra to which we've become accustomed.

    3. Re:Wow. by Eth1csGrad1ent · · Score: 1

      agreed. almost can't believe it myself - and I've worked for them. I'm surprised that a) they went to the trouble of finding out what the GPL was, and b) actually did something positive about it.

      When it comes to litigation, Telstra is like Microsoft and will quite happily keep something in the courts for as long as required, in order to maintain some sort of market advantage... this is quite a change !

      Having said that Telstra -

      WHERE THE HELL IS FROYO FOR MY WILDFIRE !?!?!? YOU'VE BEEN PROMISING IT FOR MONTHS NOW!

    4. Re:Wow. by Enigma23 · · Score: 1

      When it comes to litigation, Telstra is like Microsoft and will quite happily keep something in the courts for as long as required, in order to maintain some sort of market advantage... this is quite a change !

      Telstra probably realised pretty quickly - well, 10 months is relatively quick for a monolithic company - that they had no market advantage to maintain by dragging this through the courts.

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    5. Re:Wow. by idontgno · · Score: 1

      WHERE THE HELL IS FROYO FOR MY WILDFIRE !?!?!?

      Right here.

      Wow. I'm having to add a line of no-value text because quoting your yelling and providing a link in response is "lameness". Thanks, Slashdot. You're the best!

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    6. Re:Wow. by mug+funky · · Score: 1

      they haven't fixed the false positives in their billing system yet... i still get called at work by them, asked if i'm someone else, hassled for money and when i ask to see a bill, they say i'm not such-and-such and thus am not entitled to know. when i ask why my number is connected to that account, they hang up.

      pricks.

    7. Re:Wow. by Meski · · Score: 1

      If they expect you to pay it, then you're entitled to see it.

    8. Re:Wow. by Meski · · Score: 1

      If you'd got a NexusOne, it would have been auto-deployed months ago. Relying on ISP/Carriers to do this is bound to end in tears.

  2. "Engaging"? by CAIMLAS · · Score: 2

    How is this anything but an eventual response to an internal snafu which could've resulted in (much more expensive) litigious actions?

    The GPL violations, and the resulting denial of compliance (for years, wasn't it?) was nothing but bad press. In contrast, had they admitted to the snafu right off the bat and addressed it promptly (a couple months? 6 on the outside?) it'd have been another thing entirely - the press would've been positive. GNU 'compliance' types just want the (free to the violators) adherence to the GPL - they don't care about the money or licensing aspect of it.

    In my mind, this almost says less than doing nothing about it at all - "oh, we've got another release, let's include those license files and source code this time".

    (What do you want to bet the code is significantly aged and with numerous vulnerabilities known for a long time?)

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    1. Re:"Engaging"? by cheese_wallet · · Score: 4, Insightful

      If they complied from the start, there wouldn't have been any press at all. Now they have it.

      Just like at most businesses, it's not the engineers who get it right from the start that get credit. It's the ones who screw things up and then heroically fix it later that get all the kudos.

    2. Re:"Engaging"? by williamhb · · Score: 5, Informative

      How is this anything but an eventual response to an internal snafu which could've resulted in (much more expensive) litigious actions?

      The GPL violations, and the resulting denial of compliance (for years, wasn't it?) was nothing but bad press. In contrast, had they admitted to the snafu right off the bat and addressed it promptly (a couple months? 6 on the outside?) it'd have been another thing entirely - the press would've been positive. GNU 'compliance' types just want the (free to the violators) adherence to the GPL - they don't care about the money or licensing aspect of it.

      In my mind, this almost says less than doing nothing about it at all - "oh, we've got another release, let's include those license files and source code this time".

      (What do you want to bet the code is significantly aged and with numerous vulnerabilities known for a long time?)

      Actually, it wasn't Telstra who was doing the wrong thing in the first place. The company that makes the T-Hub device, that included the GPL code, and that hadn't released their code is Sagemcom. Telstra just re-sell the device with their sticker on it. (Very much like how iiNet sell Belkin-made modems under the brandname "BoB".) Is a shop selling physical objects a GPL licensee if the manufacturer of one of its physical object happened to include some GPL code? Would Wal-Mart be in breach if they'd stuck one of these on their shelves? In this story, Telstra has put pressure on Sagemcom to make the code available and comply with the GPL. I think that's a good outcome, and I can see why it would take some time for Telstra to comply -- they didn't have the code to be able to release it.

    3. Re:"Engaging"? by romiz · · Score: 1

      While most of the devices provided by Sagemcom are sold to operators rather than end customers, they do offer the source for the Linux products they sell to the public. At least for some of them, as you can see here.

    4. Re:"Engaging"? by bug1 · · Score: 2

      "Would Wal-Mart be in breach if they'd stuck one of these on their shelves?"

      Yes, distributing hardware with software in it, is still distributing software.

      If Telstra sold re-badged devices with unlicensed copies of windows on it would you expect them to get away with it ?

      Interesting you mention iiNet, they have some issues as well.

    5. Re:"Engaging"? by neonsignal · · Score: 1

      > Is a shop selling physical objects a GPL licensee if the manufacturer of one of its physical object happened to include some GPL code?

      You seem to be implying that a reseller is not governed by the licence! Actually, resellers/redistributors are the one of the addressees of the GPL licence, otherwise copyright law would prevent resale of the software. The licence is granting a right, not removing it, which is why it is called a licence!

      If I sell physical CDs with copies of Microsoft Windows on them, I can only do so if Microsoft allows (licenses) me to do so. The beauty of the GPL is that the GPL explicitly licenses both the free use and the redistribution of the software, so you don't need to negotiate separate licenses (as you would with proprietary software). And all the redistributors have to do is provide the source and not remove any freedoms! I can't believe that Telstra would be unaware that a network device would have software on it, so the onus was always on them to negotiate relicensing of that software.

    6. Re:"Engaging"? by neonsignal · · Score: 1

      Since the OEM is distributing the software to the vendor customer, the OEM should already be aware of the licence issues surrounding that redistribution. If the software had all been proprietary, you would have been making sure you didn't break the licence agreements. Why would the free licences be treated differently - just because the OEM can't be bothered with an audit?

      If the OEM was following the licences, then it would already have supplied (or made available) the GPL portions of the code to the vendor customer. And it would be simplicity itself for the customer to redistribute those; there would be no need to go back through the OEM.

      You talk about things that are 'probably built on uclibc'. You make it sound like the OEM doesn't even know the licences of the software it is using.

    7. Re:"Engaging"? by Aggrajag · · Score: 1

      The same happened with the T-box which is produced by another French company Netgem. Netgem released their latest source only after pressure from Telstra.

    8. Re:"Engaging"? by judeancodersfront · · Score: 2

      Funny how I only see calls around here for copyright enforcement when it involves the GPL.

    9. Re:"Engaging"? by hairyfeet · · Score: 1

      I think you and everybody here are missing the "Oh boy did we fuck up" part of the above poster's story and it is this: The TiVo trick is here to stay and anybody releasing under GPL V2 might as well just go PD or BSD because GPL V2 is now worthless thanks to the TiVo trick.

      Anybody who has read any of my postings knows I have NO problem with proprietary software as long as it serves my purpose but one thing I DO have a problem with is weasel worded legal BS which is EXACTLY what the "TiVo trick" is in a nutshell. As much as I don't agree with RMS on...well pretty much anything, I do respect what the man is trying to accomplish and respect the right to write HIS license HIS way along with the right of developers to choose the license that best fits their wishes, and if someone can't be bothered to respect the license it isn't like there isn't BSD and proprietary code that will do the same job.

      Anybody who releases or updates their code under GPL V2 frankly needs their heads examined as you're just giving corps a right to steal your code by ignoring the license thanks to the TiVo trick. WTH is the point of releasing under GPL V2 when the whole point of the GPL is the four freedoms which don't exist anymore under V2 thanks to the TiVo trick?

      What the GP's little story about the PVR should illustrate is now that the TiVo trick is known more and more will use it thanks to the embedded tools in Linux being better than BSD. the ONLY way you are gonna actually have the four freedoms on anything besides an x86 PC is to go GPL V3, and by continuing to support GPL V2 all you are doing is giving corps free work which they will "reward" you in turn by giving you the finger. If all those working on GPL code would switch to GPL V3 it would force the OEMs to spend money keeping the code up to date and adding features which would quickly making TiVo tricking less worthwhile. Supporting GPL V2 at this stage of the game frankly is assisted suicide.

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    10. Re:"Engaging"? by eladts · · Score: 1

      Your theory completely ignores the First Sale Doctrine. You do not need a license from Microsoft to sell a Windows CD, as you are not making a new copy. You do not need permission from Microsoft to sell your Windows PC. The same applies to GPL software and hardware with embedded GPL software.

    11. Re:"Engaging"? by rrossman2 · · Score: 1

      If WalMart were to sell 3rd shift Cisco gear, you don't think Cisco would have all the units pulled and someone's head would roll?

    12. Re:"Engaging"? by rrossman2 · · Score: 1

      But it seems you forget the court ruling that was posted here on slashdot (although it was a while ago).. the guy who purchased some Adobe suite, and then sold the parts he never used on Ebay. IIRC they ruled you were only licensing the "product" and therefor the First Sale Doctrine did not apply. Search and I'm sure you'll find it.

    13. Re:"Engaging"? by hairyfeet · · Score: 1

      Its called Tivoization and GPL V3 was written specifically to keep guys like you from screwing the GPL by "TiVoing" GPL code. Look it is simple, keep up: GPL was written for protecting four freedoms and you fuck ALL users out of the second freedom by locking your GPL running device with the "TiVo trick".

      Nobody gives a shit about your reasons why, there is BSD and proprietary vendors that will happily give or sell you code for your purpose no matter what you want to do with it. But you are fucking the community by taking their work and locking it down which frankly makes what you are doing no better then any software thief. The ONLY WAY that code is given to you free is if you abide by the GPL, otherwise YOU HAVE NO LICENSE to that code. With the TiVo trick you are using legalese bullshit to get around the license without actually having to abide by it and it is just as sorry and no different than any other corp that uses hot software to get ahead.

      So the GPL V3 was written to get rid of guys like you once and for all, and frankly the sooner everyone switches over the better. Then you'll have the choice of opening up your device and respecting the license or paying to write or buying a proprietary solution which will cost you more. But all those coders didn't write those thousands of man years worth of code for free just to enrich your company, they did it to enrich the community and encourage sharing, otherwise they would have went BSD. You want to take advantage of the richer ecosystem that GPL has with regards to embedded but you don't want to actually follow the rules and that is bullshit. Sorry if that gets you butthurt but your excuses are just that.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    14. Re:"Engaging"? by cheater512 · · Score: 1

      I would have thought someone at Telstra would actually look at one of the devices and see that there could be a problem.

      T: "What does it run?"
      S: "Some form of magic. Its ok, just leave it up to us."

    15. Re:"Engaging"? by bug1 · · Score: 1

      Most device makers use ancient versions of software, once they pull it in they rarely touch it.

      I encourage people to use the (A)GPLv3, but thats not going to change anything in the short-medium term. We cant force device makers to update their software and commit themselves to a different license.

      Busybox on the Telstra T-Box (netgem device) was from October 2004, changes they had made to the source included things such as adding some casts !

      The problems isnt with open source coders and the license they choose, a licence cant force a corporation to be nice.

    16. Re:"Engaging"? by neonsignal · · Score: 1

      While I agree with you that the GPLv3 is preferable, the GPLv2 is not completely worthless even when DRM tricks are being used. The GPLv2 still makes the source available, and allows some freedoms - to study and share the code, even when the hardware is locked down. The Tivo legal trick has created the major problem that the user can no longer modify the code and use it on the existing hardware; but even Tivo was still required to make source available.

      I did not write my post to support GPLv2 over GPLv3, I wrote it to point out the obligations of the OEM and vendor to make the source and modifications available; the PVR poster appeared to be saying that the end customer was not even getting this much. Only by insisting on this (as limited as the GPLv2 might be in the embedded sphere), wiill we make manufacturers aware of their obligations.

    17. Re:"Engaging"? by zuperduperman · · Score: 1

      Yes, distributing hardware with software in it, is still distributing software.

      I don't think this is right. Copyright doesn't protect distribution, it protects reproduction. The software would be reproduced onto the device before it ever arrived at Walmart. It just so happens in the internet age that distribution equates to copying since servers don't typically delete their source copy when someone downloads, but the minute you revert to transferring something in meat space you're back to distribution being different from copying.

    18. Re:"Engaging"? by bug1 · · Score: 1

      To arent allowed to "reproduce" GPL'ed works unless you conform to the license, the license places obligations on distribution.

      This has been to court before, companies involved where Best Buy, Samsung and Westinghouse. Walmart would be no different

      http://linux.slashdot.org/story/09/12/14/210207/SFLC-Sues-14-Companies-For-BusyBox-GPL-Violations

    19. Re:"Engaging"? by neonsignal · · Score: 1

      The 'First Sale Doctrine' is a US specific thing; while there is similar "exhaustion of rights" law elsewhere, these laws are not general principles that allow arbitrary copying of software. These decisions and laws treat software as a 'product' rather than as information, which is a legal fiction; it is not a very strong protection for the consumer and soon or or later will be challenged.

      My actual words were "physical CDs with copies of Microsoft Windows"; I used the word 'copies' deliberately to make the point clearer. In the Telstra example, they are distributing copies of GPL software; just because someone else installed the firmware for them does not clear them of all obligations. I cannot sell pirate software just because someone else burned it for me!

  3. Wow indeed by aor_dreamer · · Score: 1

    Yes lets give Telstra a pat on the back for finally complying with the GPL while this should have been expected from day one. The GPL is yet another licence agreement but not a restrictive one, if you don't like it, don't use it.

    1. Re:Wow indeed by zebslash · · Score: 1

      Is the GPL legally binding in Australia?

      Well, for their sake, it better be. Because if it were not binding, default copyright regulation would apply and these companies would not have the right to reuse and redistribute this code from the first place. Arguing GPL does not apply (as SCO claimed in the past) is shooting in its own foot.

    2. Re:Wow indeed by commlinx · · Score: 1

      Well I'd like to say we don't have an insane copyright system but check the case of Landmark copyright case: DtMS v Telstra where Telstra sued a company for compiling names and phone numbers on a CD. Pretty sure a list list of facts is covered a little better by the US copyright legislation?

    3. Re:Wow indeed by MichaelSmith · · Score: 1

      Careful there son thats the Post Master General you are messing with there. If it wasn't for the PMG inventing the telephone in 1961 none of you twitterers would be able to send your meaningless messages to each other.

      Oh any by the way, 2400 bps should be enough for anybody.

    4. Re:Wow indeed by Sabriel · · Score: 1

      Pffh. Telstra is the Vizzini to the PMG's Fezzik.

    5. Re:Wow indeed by EsbenMoseHansen · · Score: 1

      Is the GPL legally binding in Australia?

      Oh and as an Austrailian I would like to say " Fuck Telstra" they are the worst company in this once great country that is rapidly descending into mediocrity.

      The thing is: If it is not binding for whatever reason, you cannot distribute the software at all. That is, without GPL giving you a license to use the software, normal copyright applies and you are not allowed to just copy and distribute copyrighted software. I don't believe there is more than a handful or 2 countries in the world who does not have copyright on software, and certainly, Australia is not exempt.

      --
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    6. Re:Wow indeed by MichaelSmith · · Score: 1

      Apart from the fact that my wife has shares in them, I will be glad to see Telstra finally fold. Back when the Optus long distance service was new I used call forwarding from my telstra land line to my optus mobile. The telstra bill was in 25 cent units with no more detail than that so I called the telstra service line and asked them how much it actually cost to enable and disable forwarding. They put me on hold for five minutes and came back eventually: we are unable to answer your query because you have selected optus for long distance calls. In other words STFU.

    7. Re:Wow indeed by asdf7890 · · Score: 1

      Is the GPL legally binding in Australia?

      The usual response to that question is (and I have not legal training so I don't know how valid said response is) to point out that the license gives them the right to use the code, so if they state "we don't accept the terms of that license as it isn't enforceable in our territory" they give up the right to use the code under that license and need to negotiate something else.

      Many a commercial entity will scream "no fair, no fair, waa, waa, waaaaa" at this point and claim that OSS is an airborn cancer that will take all our firstborn, but I don't see how it is the fault of people releasing code under the GPL that the commercial entity failed in its due diligence when agreeing to the license by virtue of using the code (which is legally dubious in some interpretations of relevant legislation, but they'll never call a F/OSS project on that as they use the same sort of condition to state we agree to all their terms by breathing in the general direction of their EULAs and shrink-wrap licenses and similar).

    8. Re:Wow indeed by Enigma23 · · Score: 1

      If it wasn't for the PMG inventing the telephone in 1961...

      You're only off by 85 years... Alexander Graham Bell was the first to be awarded a patent for the electric telephone by the United States Patent and Trademark Office (USPTO) in March 1876.

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    9. Re:Wow indeed by mug+funky · · Score: 1

      i'm not sure to what extent the GPL has been tested in court anywhere. its legally binding in the sense that nobody has sued over it yet.

    10. Re:Wow indeed by MichaelSmith · · Score: 1

      Knowing a few "Telstra People" I am poking fun at their somewhat one dimensional view of the world.

  4. Re:good post by norpy · · Score: 1

    there really needs to be a way to automatically report adver-spam without mod points.

  5. Just for clarity by Anonymous Coward · · Score: 1

    They're only distributing the files they changed? Then that's not complying with the GPL. The GPL very clearly requires "complete corresponding machine-readable source code". Basically, if you get a product with binaries of GPL licensed code, then you must be able to recreate those binaries from just the files that the vendor made available. Just pointing to someone else's distribution of the source is not allowed (there's only one exception: you got the code in binary form yourself and redistribute it non-commercially).

    1. Re:Just for clarity by williamhb · · Score: 4, Informative

      They're only distributing the files they changed? Then that's not complying with the GPL. The GPL very clearly requires "complete corresponding machine-readable source code". Basically, if you get a product with binaries of GPL licensed code, then you must be able to recreate those binaries from just the files that the vendor made available. Just pointing to someone else's distribution of the source is not allowed (there's only one exception: you got the code in binary form yourself and redistribute it non-commercially).

      Can I suggest reading the article next time? It would have been quicker than typing up your post. From the article:

      Gratton last week said he had requested and received a copy of the CD. “It looks like a complete GPL source release, all of the GPL components I identified seem to be there and there are build tools covering the BSP (board support package) for the SoC (system-on-a-chip) in the T-Hub,” he said.

  6. GPL:... by SolitaryMan · · Score: 2

    GPL: You need to comply only if you get caught! (And even in this case, you can wait for a year or two)

    Yeah, lets encourage this behavior further...

    --
    May Peace Prevail On Earth
    1. Re:GPL:... by Anonymous Coward · · Score: 1

      GPL: You need to comply only if you get caught!

      Oh, good point. Let's force offenders to comply with the GPL before they're caught! Capital idea!

      While we're at it, shouldn't we also make it illegal to break the law?

    2. Re:GPL:... by DrXym · · Score: 1

      GPL: You need to comply only if you get caught! (And even in this case, you can wait for a year or two)

      Yeah, lets encourage this behavior further...

      I think there would be less violations if the FSF offered some useful targeted advice to the vendors. It is the vendor who is distributing the boxes, so they're the ones on the hook to supply the source code but they're often not the ones doing the firmware. Usually they'll subcontract that out and there could be subcontractors underneath them. Everyone in the chain needs to know their obligations during requirements gathering, contract negotiation phase, deliverables and in support. The FSF should produce a document which can be handed out with the contract that says in simple terms what the obligations of a subcontractor are with regard to his customer and the deliverable. Given the proper level of education the source would find its way up the chain and there would be less violations all around.

  7. I LOVE MY CAPS! by Frosty+Piss · · Score: 3, Insightful

    GPL: You need to comply only if you get caught!

    On the other hand, are US Copyrights relevant and legally binding in Australia? Probably they are by virtue of treaties and such.

    Seriously, not a troll, but what's the beef? We're lucky to see the CD at all...

    Rather than raking Telstra over the coals for complying (albeit late) , maybe the more constructive thing would be to use it as an illustration to other companies as to how harmless it was to Telstra to comply - it did not hurt them competitively at all.

    By giving Telstra POSITIVE FEEDBACK for complying, perhaps it will ENCOURAGE others to comply as well?

    Of course you all can SHIT ALL OVER THEM and see how that works, as well...

    --
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    1. Re:I LOVE MY CAPS! by Anonymous Coward · · Score: 1

      What does hurt mean even? I mean seriously. If you use GPL code you are gaining advantage. if you have to release code that is the cost of your advantage. If you think your additions are more valuable than the base you are using it on only then should you write it from scratch or use a non-free solution. Lets be honest for a moment. Nothing any company is going to add is worth more than the base of just about any GPL application. If Disney can use and contribute to GPL code and lots of other companies which they compete with certainly you can too.

  8. Adhering to standards. by Jarryd98 · · Score: 4, Insightful

    I'd have to agree with the above comments. Telstra doesn't deserve any credit for compliance alone. It's expected. Many people seem far too willing to forgive/forget within a short period of time. They delivered what was expected of them after an extended period of inaction. That is all.

    1. Re:Adhering to standards. by Anonymous Coward · · Score: 1

      I'd have to agree with the above comments. Telstra doesn't deserve any credit for compliance alone. It's expected.

      I expect my dog to come if I call him, but that doesn't mean I shouldn't praise him when he does.

  9. Correct title: by Ant+P. · · Score: 4, Insightful

    "Telstra profits off software piracy for half a year without repercussions"

  10. Telstra's Intentions by bug1 · · Score: 1

    Im a local copyright holder and am following this (There are still things that need to be done)

    The impression i have is that Telstra just didnt realise what they where getting into, but since then they have made a genuine effort to fix the problem.

    I give Telstra credit for accepting their mistake and trying to fix it, which is lot more than happens in other cases. They certainly could have made it more difficult.

    Device manufacturers are the biggest problems, they never talk to developers, they already have our stuff... But if we get a distributor like Telstra on our side they have to respond to them because there are ongoing sales at stake.

  11. In the U.S. phone lists aren't copyrightable by Max+Hyre · · Score: 1

    Exactly this situation arose in the Feist case. Rural Telephone Service compiled a list of its subscribers, Feist incorporated it into their book, and RTS sued. And lost. You can't copyright facts (thank God---imagine a world in which you could). There has to be some creative element, no matter how much ``sweat of the brow'' was expended. An alphabetic list of phone subscribers contains no creativity.

    --
    I refuse to believe corporations are people until Texas executes one. -- desert rain on http://www.dailykos.com/user/
  12. Upstream changes? by Zombie+Ryushu · · Score: 1

    What upstream changes are likely to come of this? Will we see support for new chipsets as a result of this code release? New Drivers? New interfaces?

  13. Re:"it's required by contract" by neonsignal · · Score: 1

    If the DRM contract requires you to protect the code by obscuring all of it, then it is incompatible with the licence contract that has been made with the owners of the GPL code that is in the machine.

    You make it sound like there is no alternative other than to break the DRM contract. In fact, there are two alternatives: don't use code that is under a GPL licence; or don't make contracts that you cannot fulfil.

    Making a contract does not invalidate all the licence agreements you have entered into; if you are going to make a product, you have obligations to all stakeholders, including those people who put effort into the GPL code that you are using.