Even while Cisco Systems is suing Apple for violating its iPhone trademark, an 
open-source enthusiast is accusing Cisco itself of infringing copyright in the 
same product.
 
 Cisco has not published the source code for some components of the WIP300 
iPhone in accordance with its open-source licensing agreement, said Armijn 
Hemel, a consultant with Loohuis Consulting and half of the team running the 
GPL Violations Project, an organization that identifies and publicizes misuse 
of GPL (GNU General Public License) licenses and takes some violators to court.
 
 The WIP300 iPhone is based on Linux and Cisco has agreed to comply with the 
terms of the open-source GPL license in order to use the software. The GPL 
license requires the company to publish the code that it develops for the phone.
 
 Industry expects say that open-source software users, including companies and 
individuals, commonly fail to share their developments. Sometimes that's 
because they may misunderstand how open-source software works but it may also 
be because publishing the code can be a cumbersome and expensive process.
 
 Hemel downloaded the firmware for the WIP300 phone and reverse-engineered it, 
first checking with a lawyer that such a process is legal, he said. He then 
discovered that Cisco has neglected to share the code for a couple of programs 
in the phone, including the Memory Technology Device which is used to program 
the Flash memory, he said.
 
 Hemel also found similar omissions in other Cisco products and contacted the 
company to arrange a meeting. "I just bombarded the Linksys contact in the 
Netherlands. I think they got fed up and arranged the call," he said. Linksys 
is a unit of Cisco.
 
 The Cisco representatives he finally talked to in a conference call on Oct. 30 
were very open to his report, he said. The company subsequently fixed omissions 
on a few products that Hemel identified, including the EFG250 storage device as 
well as an Internet camera and router, he said.
 
 But Cisco has yet to publish the relevant code from the WIP300 iPhone, Hemel 
said. He decided to talk about his findings now because "the timing is just 
perfect," he said. "For someone talking about Apple using Cisco's property, 
actually they're infringing on copyright themselves. So it's just a double 
standard."
 
 Last week, Cisco filed a lawsuit charging Apple with trademark infringement 
since Apple introduced a mobile phone called the iPhone.
 
 Hemel didn't actually identify for Cisco the specific code that hasn't been 
published. "I'm not going to do their work for them," he said. He suspects that 
a large company like Cisco might hire various programmers possibly from 
outsourced companies around the globe in order to create a product like the 
iPhone. That might make it difficult and potentially expensive for Cisco to 
properly document and account for all the code in the phone, he said.
 
 Cisco representatives did not immediately reply to phone calls and e-mails 
made on Wednesday asking for comment.
 
 If Cisco is violating the terms of the GPL license in the iPhone, it certainly 
isn't alone. "It occurs more frequently than we'd like to see," said Shane 
Coughlan, Freedom Task Force coordinator for the Free Software Foundation 
Europe. The problem is that many organizations don't quite fully understand the 
concept of free software and often don't have appropriate policies that enable 
them to comply with their software licensing agreements, he said.
 
 "If you're used to buying code and used to owning it, it's difficult to 
understand having code that is owned by thousands," he said. "A lot of 
companies have been good in trying to come into compliance and figure out how 
sustainable compliance can be introduced in company policy."
 
 There are repercussions to failing to comply with an open-source license. The 
GPL Violations Project has successfully enforced 100 violations.
 
 In addition, an individual who contributed to software that someone else fails 
to properly use under a license can take the licensee to court and look for 
financial compensation for copyright violations, said Coughlan.
 
 Source: http://www.computerworld.com.au/
 
 
 
 
 
 
 
 
 
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