On Fri, 2005-09-23 at 17:28 +0100, Jonathan Larmour wrote: > Andrew Potter wrote: > > Hi folks, > > > > A couple of questions regarding Redboot. > > > > I have an Inventel manufactured Livebox ADSL Modem/Router that uses > > Redboot. > > > > As I understand it, this software is released under a GPL compatible > > license and this means that Inventel must release the source code for > > every version of Redboot used in the Livebox to me (as I have a Livebox > > and they have released a binary of it in a firmware update) if I request > > it. Is this true ? > > Since they didn't supply source with the product, they must include a > written offer to supply the source, as per GPL clause 3. If there was no > such offer, that is already a violation. > > You, and in fact anyone, is entitled to the GPL covered source code for > any binary containing GPL'd code, if it didn't already come with sources. > Which is indeed the case here. > > So, in other words.... yes :). > > > I have tried requesting the source code for the version used in this > > router from Inventel but have not had any response from them. > > If the above is true, is there anything else that can be done to get > > Inventel to release the source ? > > I assume you have given them a reasonable time to respond, and approached > the correct e-mail address? May I suggest looking at > http://ecos.sourceware.org/ml/ecos-patches/2002-11/msg00082.html and > talking to that guy directly. He may be more receptive. > > Failing that, write a letter, by which I mean a physical one. E-mail is > not a formal means of communication in many countries unfortunately. Tell > them that you have informed the copyright holders (of which I am one) and > that the copyright holders are also awaiting Inventel's response to you > with interest. > > If it's reached the stage of writing a letter (rather that talking to > Xavier Debreuil) then you might consider upping the ante by highlighting > to them section 4 of the GPL: > > " 4. You may not copy, modify, sublicense, or distribute the Program > except as expressly provided under this License. Any attempt > otherwise to copy, modify, sublicense or distribute the Program is > void, and will automatically terminate your rights under this License." > > In other words... if they do not comply, they will be forced to withdraw > *and recall* their product entirely. > > But to be honest, I suspect more cock-up than conspiracy. Ignorance of the > GPL requirements is the usual reason for non-compliance. There's probably > no need to go out all guns blazing yet. > > Note that they may well have published some of their patches on the > ecos-patches list, as evinced by the above link. But that still doesn't > absolve them of their obligations to give you the offer to obtain the > source code. BTW, note that due to the special GPL exception clause with > eCos, they are only required to provide code directly or indirectly > derived from eCos/RedBoot. This may or may not be the code used to > generate the entire binary. > > > My understanding based on a response from Harald Welte (laforge at > > gnumonks dot org ) and reading his gpl-violations.org website is that > > the copyright holder would have to be the one to enforce their copyright > > in France. If this is true, can the copyright owner request Inventel to > > release the source ? > > Ultimately yes, if necessary by going to court. That's very expensive and > best avoided if it can be done by another route. But anyone can approach > them and "remind" them of their legal obligations. > > Please let ecos-maintainers [EMAIL PROTECTED] ecos.sourceware.org know how > you get on.
Do you know what version of eCos/RedBoot is used in this router? It is possible, albeit remote, that it uses a pre-GPL licensed version of eCos, in which case the GPL protection above does not apply. -- ------------------------------------------------------------ Gary Thomas | Consulting for the MLB Associates | Embedded world ------------------------------------------------------------ -- Before posting, please read the FAQ: http://ecos.sourceware.org/fom/ecos and search the list archive: http://ecos.sourceware.org/ml/ecos-discuss
