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
>
>

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