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CopperheadOS Fights Unlicensed Installations On Nexus Phones (xda-developers.com)

An anonymous reader writes: Earlier this week security-hardened Android build CopperheadOS temporarily blocked Nexus updates on its servers after finding out that other companies have been flashing the ROM onto Nexus phones and selling them commercially in violation of the CopperheadOS licensing terms. The incident highlights an inherent problem in getting open source to be used by the masses: the difficulty of organizations being able to build and monetize a successful, long-term open source business model...
"We've enabled over-the-air updates again," CopperheadOS tweeted Saturday, "to avoid impacting our remaining customers on Nexus devices and other legitimate users. However, downloads on the site will no longer be available and we'll be making changes to the update client for Nexus devices."

In an earlier series of tweets, they explained it's an ongoing issue. "It's not okay to disrespect our non-commercial licensing terms for those official builds by flashing and selling it on hundreds of phones... This is why we've been unable to sell access to Pixel images. There are people that are going to buy those and flash + sell devices in direct competition with us in violation of the licensing terms. Needing to deal with so many people acting in bad faith makes this difficult.

"It's not permitted for our official Nexus builds and yet that's what's happening. We do all of the development, testing, release engineering and we provide the infrastructure, and then competitors sell far more devices than us in violation of our licensing terms. Ridiculous."

15 of 97 comments (clear)

  1. Not sure they understand licensing by Luthair · · Score: 5, Informative

    If you look at their github account they've dropped their license into clones of Google's Android repositories. Even if you're adding commits you don't get to re-license the code.

    1. Re: Not sure they understand licensing by Anonymous Coward · · Score: 3, Informative

      They may no understand licensing, but they (the people behind CopperheadOS) also don't understand hypocrisy.

      CopperheadOS is based on Android (which they didn't create), which itself is based on the Linux kernel (which they also didn't create). They are perfectly happy to take the work of others and use it for their own benefit, but when someone else does that to THEM . . . . .ZOMG!!! IT'S TERRIBLE!! WE CANNOT ALLOW THIS!!!

      STFU.

    2. Re:Not sure they understand licensing by mysidia · · Score: 4, Interesting

      The Apache 2.0 License most of Android is under permits Sublicensing, but not complete License Replacement --
      the new license needs to include the Apache terms.

      ALSO, the License they have cited the CreativeCommons-NonCommercial-ShareAlike is NOT DESIGNED to be used for software source code and binaries, and it does not even qualify as an Open Source software license.

    3. Re: Not sure they understand licensing by Anonymous Coward · · Score: 2, Informative

      No. That's likely incorrect.

      The Linux kernel is released under the GPLv2, but the rest of Android is released under the Apache License. The Apache License is permissive. It's not a copyleft license. Apache-licensed software can be relicensed.

      The GPL only applies to the Linux kernel. The GPL requires that users who have received a copy of the software binaries must be allowed to receive a copy of the source code. GPL software can be sold and the license makes no restrictions on the price. The vendor is only obligated to provide copies of the source code on request to those who have received the binaries. The code doesn't have to be posted online, either. It is permitted to mail out copies of the source code upon request rather than making it available online. Furthermore, the GPL even allows the vendor to charge for the costs of the medium (like a DVD) and the postage. This obligation is for up to three years. There is a lot of flexibility allowed for complying with the GPL.

      Those who receive the source code must be free to modify and redistribute the source code, with the requirement that it is distributed under the GPL.

      There's actually a lot of flexibility about how to comply with the GPL, and it only applies to the Linux kernel because the rest of Android is licensed under the Apache License.

    4. Re: Not sure they understand licensing by Bruce+Perens · · Score: 2

      Only the copyright holder can relicense the software, even if it's under the Apache license. While others can put their license on a work, it is not valid for pieces that they do not own. They can't go to court and enforce rights on the software as if it was under their license and they owned it. They can only enforce their own license terms on the pieces that they actually own.

    5. Re:Not sure they understand licensing by Bruce+Perens · · Score: 2

      Also, if you sublicense the Apache software, you still only get to enforce the license on the pieces that you own, not the Apache pieces.

  2. Re:GTFO by Anonymous Coward · · Score: 2

    Open Source does not mean free! I am tired of seeing this misunderstanding. It means what it says, Open Source! the SOURCE is OPEN.

  3. So they distribute open source software by johanw · · Score: 4, Insightful

    written by others, adapted by themselves, and now they are whining that someone else does the same with their variant? Another company that does not understand that there is no right to have paying customers.

    After these tricks and their anouncement I would not trust their software anymore. Who knows what malware thei are going to distribute to anyone they might think uses their software from other channels?

  4. Re:Can the offending phones be bricked? by mysidia · · Score: 2

    They could do that if they want to go to jail..... ILLEGAL.

  5. The problem is not with open-source software by pthisis · · Score: 5, Insightful

    Earlier this week security-hardened Android build CopperheadOS temporarily blocked Nexus updates on its servers after finding out that other companies have been flashing the ROM onto Nexus phones and selling them commercially in violation of the CopperheadOS licensing terms. The incident highlights an inherent problem in getting open source to be used by the masses

    This is FUD. If CopperheadOS prohibits selling it commercially, then they are not using an open-source license. By definition, open-source licenses cannot prevent others from selling the software commercially or otherwise prohibit redistribution or discriminate against fields of endeavor (including business use).

    And, indeed, most sources (e.g. https://en.wikipedia.org/wiki/...) call the Copperhead license "source available" rather than "open source" because of these non-open-source restrictions.

    See https://opensource.org/osd


    1. Free Redistribution
    The license shall not restrict any party from selling or giving away the software as a component of an aggregate software distribution containing programs from several different sources. The license shall not require a royalty or other fee for such sale. ...
    2. 6. No Discrimination Against Fields of Endeavor
    The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.

    And flashing it onto a ROM would constitute a derived work covered under section 3 of the OSD.

    --
    rage, rage against the dying of the light
    1. Re:The problem is not with open-source software by Bruce+Perens · · Score: 2

      You are correct that it's not an Open Source license. I do not, however, believe that a binary blob for an android install is a derivative work of the kernel in its entirety. It's an aggregation, like a Linux distribution CD. You can take it back apart. The GPL can be enforced on the GPL components in it and anything that is directly combined with the GPL program. But not just anything on the filesystem.

  6. Re: Can the offending phones be bricked? by BronsCon · · Score: 2

    They also sent the new shiny to everyone who wanted one and had one of the bricked devices.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  7. CopperheadOS Is Not Open Source by Bruce+Perens · · Score: 5, Interesting

    CopperheadOS use the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license as their compilation copyright. This is not an Open Source license, thus CopperheadOS is not Open Source.

  8. It's Not Open Source by Bruce+Perens · · Score: 2

    CopperheadOS uses the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license as its compilation copyright and as the copyright on their new work. That isn't an Open Source license. It violates rule #6 of the Open Source Definition.

    6. No Discrimination Against Fields of Endeavor

    The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.

    Commercial use is obviously a field of endeavor.

  9. Re:Can the offending phones be bricked? by Bruce+Perens · · Score: 2

    There are several legal issues here. You can't brick the phone preventing installation of a replacement for your software, and you can't prevent 911 calls. Other than that, you could indeed deny access to features by license violators or those who got their phones from license violators.

    That said, it bothers me that they misrepresent their system as Open Source (wrong license to be Open Source) and it sounds like they have less than a full understanding of what pieces their license applies to (only the ones they wrote).