The linux kernel I can confirm is definitely present, libxml2 I'm not sure about yet, It doesn't appear to be a module but it could be built in. These devices are distributed my major ISP's so they would be the likely target of any lawsuit(they even brand the devices). The one I have analyzed so far is a router/modem combo unit distributed by Wind Hellas(greece) but it is likely any ZTE router/modem uses linux.
On Fri, Oct 25, 2013 at 5:17 PM, Nils Faerber <[email protected]> wrote: > Am 25.10.2013 18:52, schrieb James Hilliard: > > I assume it wouldn't be all that hard to find an author of kernel code > > or other GPL component who would be willing to let someone take legal > > action for them? > > Well, I am a kernel copyright holder. > And still I do not think that this would work out. > > This is the realm of copyright and intellectual property right law. In > most cases this is not a matter of a prosecutor but a matter of what is > in Germany called a "civil court", i.e. *you* as an owner have to sue > the infringing party. The prosecutor will not help you in any way. You > will have to dig out all proof, you will have to make the case and you > will also have to pay for your attorney in law and the court cost - up > front. > > So it is not that easy. > > The biggest threat that one (we) can first generate is to claim getting > a sales or import stop of the infringing device. Just the device in > question, not more. And even this can be a cost and work intensive thing > - Harald, Till et al will be able to tell stories about that. > > I do not know about other countries but here in Germany it is not easy. > It is also not impossible, don't get me wrong, but it is not as easy as > pointing a finger and some prosecutor will go after them for you. The > "someone" you mention needs to be someone with time, money and interest > for the common good since there is not anything to gain for him/her. > > Cheers > nils > > > > On Fri, Oct 25, 2013 at 9:51 AM, Tomasz Sterna <[email protected] > > <mailto:[email protected]>> wrote: > > > > Dnia 2013-10-25, pią o godzinie 15:05 +0200, Arnt Karlsen pisze: > > > > 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. > > > > AFAIK unless you are an author of at least a line in the Linux > kernel, > > you are not a litigation party, and have no legal ground to "go > after" > > distributors. > > > > > > > > Viele Grüße > nils > > -- > Nils Faerber > Buehlstr. 156 > 57080 Siegen > https://www.fpresso.de > >
