Tomasz Sterna | 5 Feb 22:38
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Chineese tablets and phones manufacturers violating Linux kernel license

Hello.

Is there anything we can do about the fact, that virtually every Chinese
manufacturer building devices running Android (Tablets and Phones)
violates Linux kernel GPL?

Synrgic, Eanovo, Sidonia, Highton, Lianxintai, Ruyi and on, and on...

Even American companies, like Dell, linger with releasing the source to
they  devices. But Chinese ones just plainly ignore the GPL terms.

This is very frustrating.
One approach is discussed at: http://www.elpauer.org/?p=1146
Is there anything we could do?

--

-- 
Tomasz Sterna
Open Source Developer  http://www.xiaoka.com/portfolio

Ken Phillis Jr | 15 Jan 02:52
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Pandigital Recap - Android Device statuses

I'm wondering about the Current status everyone has. Currently From what i can find it's as follows.


Pandigital Novel - July 2010 - Notified, and waiting for release [2]
Pandigital Planet - June 2011 - Notified, and waiting for GPL Release ( Still No ETA ) [3] [5]
Pandigital Star  - January 2012 - Notified, and waiting for GPL Release ( Still No ETA )
Pandigital Novel ( White ) - June/july 2011 - Initially Refused, but current status is pending. [4] [6]
Pandigital Novel  - July2010 - Multiple GPL Notifications. Currently No GPL release [ 5]

I know that other devices are known, but these are some of the key devices that can be found with some sort of Rehash. I'm wondering if anyone has a update for the experience they have.

[1]  Pandigital's News and Reviews
http://www.pandigital.net/press.html

[2] GPL-Violations.org Legal Mailer: Pandigital Novel (Android-based tablet) violating GPL
http://lists.gpl-violations.org/pipermail/legal/2010-July/002170.html

[3] GPL-Violations.org Legal Mailer: Pandigital Planet, WPDN, still not in compliance - busybox not responding.
 http://lists.gpl-violations.org/pipermail/legal/2011-July/002898.html

[4] Slatedroid.com -  Spz0's Endevours to obtain source.
http://www.slatedroid.com/topic/19872-spz0s-endevours-to-obtain-source/

[5] Slatedroid.com - July 2010 - Email pandigital about getting us source code
http://www.slatedroid.com/topic/3115-email-pandigital-about-getting-us-source-code/

[6] Pandigital Novel SH20 (white) Android Tablet GPL violation
http://lists.gpl-violations.org/pipermail/legal/2011-June/002882.html

Vikas Mahajan | 11 Jan 07:09
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Including compiled library in GPL v3 code

Hi,

I have question regarding GPL v3 licence. Question is:-
Is it possible to use third party proprietary library (without
including its source code) in GPL v3 released software if license of
that library allows do to so?

Situation here is, I am developing an android app using another
android app which is released under GPL v3. For some sort of work, I
have to include and use third party jar library (source of which is
not available), in the original program. I modified original program
which call specific functions in that third party library. So, now can
I release whole software under GPL v3 which will include modified
source code of original program and compiled code (jar) of third party
library?
Please help!

--
Regards

Vikas Mahajan

Vesa Paatero | 10 Jan 10:11
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(In plain text) GPL software as part of a commercial package (e.g. Atmel's AVRStudio v5)

(Sorry, the previous version of this email probably went out as an HTML email. This one should be plain text
for sure. There are no changes in the message proper. -Vesa)

Hello everyone,

Using GPL-licensed executable as part of a commercial software package is a use case where I would like to
get some clarification. Atmel's AVRStudio v5 uses GCC and friends as components in their compilation
suite. I have yet to find out whether their versions of GCC et al. have GPL v3 or GPL v2. However, that doesn't
seem to make a great deal of difference.

The GPL v3 says:

"A compilation of a covered work with other separate and independent works, which are not by their nature
extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a
volume of a storage or distribution medium, is called an "aggregate" if the compilation and its resulting
copyright are not used to limit the access or legal rights of the compilation's users beyond what the
individual works permit."

So, for a strict interpretation, using GPL-licensed program as part of a commercial program would make it
"by its nature an extension of the covered work" (covered work being the entire compilation suite).

The GPL v2 says approximately the same by the following phrases:

In section 2:
"But when you distribute the same sections as part of a whole which is a work based on the Program, the
distribution of the whole must be on the terms of this License, whose permissions for other licensees
extend to the entire whole, and thus to each and every part regardless of who wrote it."
and in section 3: "You may copy and distribute the Program (or a work based on it, under Section 2)"
So, the extent of "work based on the program" seems crucial in GPL v2's case.

I think the wording in GPL v3 is stricter although I find it difficult to determine whether the difference is
legally decisive. However, the practise of incorporating GPL-covered executables into commercial
packages seems to be getting more common. 

So, does this  usage fall into the "gray area" where the license is violated but it is done so mildly that
no-one is going to sue?    
   GPL's unclarity about matters like this irritates me because it tends to skew competitional landscape so
that "good guys" who play by the rules don't get the benefit of free GPL-licensed software whereas "bad
guys" do because they know they won't get sued in if they violate in areas where the violation is mild or the
license it too unclear for lawsuit.  :-(

Please comment.

Best Regards,
Vesa

Vesa Paatero | 10 Jan 09:59
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GPL software as part of a commercial package (e.g. Atmel's AVRStudio v5)

Hello everyone,

 

Using GPL-licensed executable as part of a commercial software package is a use case where I would like to get some clarification. Atmel's AVRStudio v5 uses GCC and friends as components in their compilation suite. I have yet to find out whether their versions of GCC et al. have GPL v3 or GPL v2. However, that doesn't seem to make a great deal of difference.

 

The GPL v3 says:

 

"A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit."

 

So, for a strict interpretation, using GPL-licensed program as part of a commercial program would make it "by its nature an extension of the covered work" (covered work being the entire compilation suite).

 

The GPL v2 says approximately the same by the following phrases:

 

In section 2:

"But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it."

and in section 3: "You may copy and distribute the Program (or a work based on it, under Section 2)"

So, the extent of "work based on the program" seems crucial in GPL v2's case.

 

 

I think the wording in GPL v3 is stricter although I find it difficult to determine whether the difference is legally decisive. However, the practise of incorporating GPL-covered executables into commercial packages seems to be getting more common.

 

So, does this  usage fall into the "gray area" where the license is violated but it is done so mildly that no-one is going to sue?   

   GPL's unclarity about matters like this irritates me because it tends to skew competitional landscape so that "good guys" who play by the rules don't get the benefit of free GPL-licensed software whereas "bad guys" do because they know they won't get sued in if they violate in areas where the violation is mild or the license it too unclear for lawsuit.  :-(

 

Please comment.

 

Best Regards,

Vesa

 

 

Paolo Delbene | 29 Dec 16:37
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Re: legal Digest, Vol 85, Issue 15 :Vodafion Station .... continue from August 2011

All started before August, with a particular interest to the huawei pendrive usb UMTS  distributed by Vodafone Italia, Wind, Tim, 3, to know if there was support under GNU/linux with the distributions GNU/linux Blag, GNU/linx Dynebolic, GNU/linux gNewSense, GNU/linux Musix, GNU/linux Parabola, GNU/linux Trisquel, GNU/linux Ututo and GNU/linux Venenux and other  operating systems such as: GNU/Darwin, GNU/KFreeBSD, GNUSTEP.

Then was the time of the Vodafone Station, arrived to me the voice that in Italy the traffic ppp is locked on the Vodafone Station, so i decided to write on the legal digest something about, then runing on the web i found people which were discuting about the fact Vodafone Italia has not released the source code.

It is possble to find all the documentation about the Vodafone Station starting from August till September 2011, and many people said what they think about.

here below, you can find the 14 URL's

00) http://lists.gpl-violations.org/pipermail/legal/2011-August/002946.html
01) http://lists.gpl-violations.org/pipermail/legal/2011-August/002952.html
02) http://lists.gpl-violations.org/pipermail/legal/2011-August/002957.html
03) http://lists.gpl-violations.org/pipermail/legal/2011-August/002958.html
04) http://lists.gpl-violations.org/pipermail/legal/2011-August/002959.html
05) http://lists.gpl-violations.org/pipermail/legal/2011-August/002960.html
06) http://lists.gpl-violations.org/pipermail/legal/2011-August/002962.html
07) http://lists.gpl-violations.org/pipermail/legal/2011-August/002963.html
08) http://lists.gpl-violations.org/pipermail/legal/2011-August/002961.html
09) http://lists.gpl-violations.org/pipermail/legal/2011-August/002964.html
10) http://lists.gpl-violations.org/pipermail/legal/2011-August/002965.html
11) http://lists.gpl-violations.org/pipermail/legal/2011-August/003038.html
12) http://lists.gpl-violations.org/pipermail/legal/2011-September/003049.html
13) http://lists.gpl-violations.org/pipermail/legal/2011-September/003050.html
14) http://lists.gpl-violations.org/pipermail/legal/2011-September/003055.html

happy GNU Year 2012

happy hacking,

paolo del bene

p.s: i am turning back to my primary interst: ham radio i got regular license from 1996


2011/12/29 <legal-request <at> lists.gpl-violations.org>
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When replying, please edit your Subject line so it is more specific
than "Re: Contents of legal digest..."

Today's Topics:

  1. Huawei E585 potential violation (Matthew Scutter)
  2. Re: Huawei E585 potential violation (mc.martha <at> gmail.com)
  3. GPL-violations in scripting libraries (????????? ??????)


---------- Messaggio inoltrato ----------
From: Matthew Scutter <yellowplantain <at> gmail.com>
To: legal <at> lists.gpl-violations.org
Cc: 
Date: Thu, 29 Dec 2011 16:38:40 +1030
Subject: Huawei E585 potential violation
Hi All,

Through the poor security on the Pocket Wifi 3G Router I've purchased
from Vodaphone Australia which appears to be a Huawei E585, I've
ascertained it's running Linux.
It also appears to have busybox, dbus and many other GPL'd programs
shipped with it.
I'm not sure how to pursue this, I've contacted Huawei at a number of
email addresses, but the only response of any use was a link to
http://www.huaweidevice.com/resource/mini/201104088392/Copyright%20notice/index.html
I have received no response from the email listed in that document as
the contact for source code for over 3 months.

Any advice on how to proceed from here would be much appreciated.

Kind Regards,
-Matthew




---------- Messaggio inoltrato ----------
From: mc.martha <at> gmail.com
To: legal <at> lists.gpl-violations.org
Cc: 
Date: Thu, 29 Dec 2011 08:51:26 +0000
Subject: Re: Huawei E585 potential violation
Hi! How about sending snail mail (with return receipt) to their corporate office HQ address with a CC to the org that stewards the license listed in their copyright notice.
If you can find the name of an officer of the corp. or other responsible party, all the better.
If the party does business in the states, you can check the Department of State website for the respective state where the HQ is listed and the DOS may have an address on file.
Kind regards,
Martha

------------------
Hi All,

Through the poor security on the Pocket Wifi 3G Router I've purchased
from Vodaphone Australia which appears to be a Huawei E585, I've
ascertained it's running Linux.
It also appears to have busybox, dbus and many other GPL'd programs
shipped with it.
I'm not sure how to pursue this, I've contacted Huawei at a number of
email addresses, but the only response of any use was a link to
http://www.huaweidevice.com/resource/mini/201104088392/Copyright%20notice/index.html
I have received no response from the email listed in that document as
the contact for source code for over 3 months.

Any advice on how to proceed from here would be much appreciated.

Kind Regards,
-Matthew


Sent via BlackBerry from T-Mobile

---------- Messaggio inoltrato ----------
From: "Девелопер Интуит" <devintuit <at> mail.ru>
To: legal <at> lists.gpl-violations.org
Cc: 
Date: Thu, 29 Dec 2011 13:48:13 +0400
Subject: GPL-violations in scripting libraries
Hello world,
I am confused regarding the applicability of the GPL for scripting languages. For example, there is a proprietary application that generates source code, which refers to the free library. Is a proprietary application to derivative work of the library GPL?
Thanks
_______________________________________________
legal mailing list
legal <at> lists.gpl-violations.org
https://lists.gpl-violations.org/mailman/listinfo/legal


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GPL-violations in scripting libraries

Hello world,
I am confused regarding the applicability of the GPL for scripting languages. For example, there is a
proprietary application that generates source code, which refers to the free library. Is a proprietary
application to derivative work of the library GPL? 
Thanks
Matthew Scutter | 29 Dec 07:08
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Huawei E585 potential violation

Hi All,

Through the poor security on the Pocket Wifi 3G Router I've purchased
from Vodaphone Australia which appears to be a Huawei E585, I've
ascertained it's running Linux.
It also appears to have busybox, dbus and many other GPL'd programs
shipped with it.
I'm not sure how to pursue this, I've contacted Huawei at a number of
email addresses, but the only response of any use was a link to
http://www.huaweidevice.com/resource/mini/201104088392/Copyright%20notice/index.html
I have received no response from the email listed in that document as
the contact for source code for over 3 months.

Any advice on how to proceed from here would be much appreciated.

Kind Regards,
-Matthew

Ken Phillis Jr | 28 Dec 04:50
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Re: Pandigital Planet, WPDN, still not in compliance - busybox not responding.

It's been a few months ago since Jon Boekhoven's previous in July ( http://lists.gpl-violations.org/pipermail/legal/2011-July/002898.html ), and as it stands now, Pandigital is still not in compliance with other devices that where released. Also, the Pandigital Novel is not in compliance, and that has been going on for more than a year. This company seriously needs to be taken to court, but the users can't because within the Pandigital User Agreement has an Arbitration clause, another clause "No Reverse Engineering, Decompilation, Disassembly or Circumvention", and restrictions on the segments of the binary files on the device ( anti-modification clause ).

mc.martha | 22 Dec 23:16
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http://tinyurl.com/fosschat

Hi! There have been some recent questions that might be addressed by this free program on FOSS Legal Issues. The shortened url is in the subject field, the actual url is:
http://www.lawline.com/coursecenter/preview/1730/ade43aa2d3831805d4d8d18ce86d0a6e

From reading this list it seems that a lot of the questions go deeper than the program delves, but I thought you might enjoy nevertheless.
Cheers!
Martha




--
http://www.lulu.com/mc_martha

J.M. Becker | 15 Dec 11:42
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Question about charge for source CD distribution.

Hello GPL Violations,

I have searched and scoured, to the best of my abilities.  I'm looking for verification of this line, "You may charge a fee for the physical act of transferring a copy"

Does this cover just the "physical" costs?  such as CD, shipping and handling,.. etc 

or are things like "employee work time" covered?  I really hope not, as at what hourly rate what an "employee" be charged?  how capable must he be?  Could the CEO at 1000$ an hour, be the one who does that request?
What if its an IT company, and the lowest paid employee is 50$ an hour?  How should the payment be accepted?  Could someone choose significantly difficult ways of receiving payment?

Lets assume they already have a web server and offer .bins

Thanks for clarification, 
-J. M.

Gmane