On Thu, 24 Oct 2013 11:55:10 -0700, Bruce wrote in message <[email protected]>:
> Slow down. > > I know how aggravating this is. I've watched it happen with my own > software all too often. > > But if some clueless person bursts into a shop to give them a lecture > about software piracy and the GPL, the store is just going to ask > them to leave and call the police if they don't. ..true. If you bought anything with GPL binaries, you can ask for the source. Maybe point to the GPL and ask politely one final time, to get them on record that they knowingly does not comply to the license, then leave and go to the police and report the crime, which is known by law enforcement as "software piracy", and let them do their SWAT thing, if that's what it takes to swat down software pirates. ;o) > You also need to think about what purpose is served by going after a shop > keeper who > knows nothing of this and bought a box of product on Alibaba. ..most people who sell cell phones even in dinky toy Norway, are wanna-be Walmart retail chains, not mom-n-pop shops. They can take it. ;o) > There are valid ways to go after the manufacturer if they don't cooperate. ..very true. But the big chain retailer is where you buy things. ;o) > Most useful is an import ban by the United States and the > international trade commission. We can indeed get this on behalf of a > copyright holder. > > If you are not representing the copyright holder of infringed > software, you don't have any legal standing to enforce anything. .._anyone_ can report what _they_think_may_ be a crime to the cops. You don't even need to know. The government has the "standing" it needs to enforce criminal law. ..I certainly agree it helps having your facts etc straight and that having copyright standing should help, but I am also getting the impression that "Hollywood 'n Microsoft" has been trying to teach courts and law enforcement "a lesson", by bringing over-the-top unfair cases, to take the teeth out of criminal copyright law, and thru that, the teeth out of the GPL. ..if we need teeth, we want them pointy and sharp enough. > So, you need to get that piece in place first. You are also going to > need an attorney. SFC has both of those things, but they have a list > of companies to enforce upon that will never end. Maybe ZTE is not > even the worst violator on that list, and thus isn't the next company > they are going after. ..it's Chinese and possible to portray to .gov as "spytools", Joe Sixpack just want a nice cheap phone, which gets cheap by getting made and sold in bulk by the chains. ..going after retail chains, means they lose _all_ their business on all things that run Linux, not just ZTE cell phones, washing maschines, stoves, etc, once they lose their license to Linux. ..be polite, and maybe philosophical, "Does this too run Linux?", and "Imagine if you lost all your business on things that run Linux _just_ because of ZTE's non-compliance, what would happen, would you be able to compete with the other chains buying software from Microsoft or Apple?" ;o) ..one way these retail chains can avoid such peril, is hiring GPL compliance staff to support their cell phone etc purchase teams, I can imagine chains demanding source up front, from e.g. ZTE. ;o) > Thanks > > Bruce > > Arnt Karlsen <[email protected]> wrote: > >On Fri, 25 Oct 2013 11:35:57 +0200, Nils wrote in message > ><[email protected]>: > > > >> Am 24.10.2013 16:56, schrieb James Hilliard: > >> > The Chinese ZTE company appears to be ignoring GPL requirements > >> > in numerous markets especially in Europe. They appear to > >> > manufacture numerous routers/DSL modems that use the linux > >> > kernel and they do not distribute any source code for anything > >> > as far as I can tell or provide any GPL written offers. I have > >> > done an analysis of some of their DSL modems that all appear to > >> > be using the Linux kernel and likely other GPL code. When > >> > contacted they appear uncooperative in fixing this issue but > >> > admit that the routers use Linux. > >> > >> Oh great, I mean the case of ZTE :( > >> > >> But this is something that is pretty common for Chinese hardware > >> makers > >> - look at all those cheap Android devices floating around. For most > >of > >> them you do not get anything and I am almost sure that most even > >> run without proper licensing of the multi media codecs too. > >> > >> It is pretty hard to enforce this. > > > >..bull. The ZTE etc phones you see in malls etc shops, you buy > >from "that shop", not from ZTE etc. So go after the shops. > >Linux is found not just in ZTE cell phones, but also Samsung phones, > >Linksys routers, TV sets, stoves, washing machines, vacuum cleaners, > >etc. So, ask your shop for ZTE GPL source, and tell them about S/W > >piracy law enforcement and recycling costs. ;o) > > > > > >> Within China you have basically no > >> chance. Within a western country the best thing one could do is to > >> threaten the maker with an import embargo. This could be achieved > >when > >> the issue is taken to the local offcials dealing with "intellectual > >> property rights". But this has only seldomly been done, as far as I > >> know. And for all the small makers it would not help either - once > >you > >> achieved one embargo they will simply switch the brand/name/model > >> and off they go again - been there, seen that. For a large company > >> like ZTE that wants to get more ground in western countries now > >> (which used to be a China/Asia only brand) this could though be a > >> little different case. > >> > >> But yes, this really aggravates me too for some time, that Asian > >> manufacturers basically ignore most of it, making a business from > >> it and thus have an unfair competetive advantage compared to > >> western makers that (have to) respect it. > >> > >> Cheers > >> nils > >> > >> > > > > > >-- > >..med vennlig hilsen = with Kind Regards from Arnt Karlsen > >...with a number of polar bear hunters in his ancestry... > > Scenarios always come in sets of three: > > best case, worst case, and just in case. > -- ..med vennlig hilsen = with Kind Regards from Arnt Karlsen ...with a number of polar bear hunters in his ancestry... Scenarios always come in sets of three: best case, worst case, and just in case.
