Re: Possible GPL violation: novero HT-4, HT-5 (used in many Volkswagen-group cars)

[Bruce Perens]

On 12/16/2013 05:26 AM, Andrew Katz wrote: If the car has been sold, complete with software, in compliance with the GPL the first time, then does the copyright holder retain any rights to restrict or control any subsequent sales? Hi Andy, In the U.S., we can apply the finding in the 9th Circuit appeal of Vernor v. Autodesk. The software is licensed, and the owner of the vehicle is never the owner of their copies. The owner's transfer of the vehicle and its embedded software to another party is effectively a transfer of the license rights, which can only be done by the copyright holder or by a licensee within the terms of the license. Embedded components are often sold before they reach the end-user. A radio manufacturer sells them to the auto manufacturer. This is arguably a "public distribution", since the auto manufacturer is a member of the public and probably not the radio manufacturer's only customer for this item. So, does the first sale doctrine (and its European equivalent) apply here, absolving the auto manufacturer of any obligation to distribute source, and leaving auto manufacturers as the only parties with the right to demand source? Most people would say no. Then, what is different about the auto manufacturer's sale to the dealer, a subsequent casual sale of a motor vehicle, and the sale of parts by a junker who breaks up the vehicle? So, we would at least have a case to argue. In advising my customers, my rationale has been that this is not a case that we want to spend time and money litigating even if we would eventually win, since fulfilling our GPL obligation conservatively is much less expensive than litigating. Thus, we fulfill what are normally our license obligations even when there is an argument that we might not have to. My assumption is that dealers and subsequent parties are not equipped to handle their license obligations other than by referring the party to the auto manufacturer. Thus, I suggest to the radio manufacturer that they advise the auto manufacturer to covenant to all downstream parties that they will fulfill their GPL license obligation by making the appropriate source code available on the Internet for an extended period. This is little different from an electronics manufacturer, let's say SONY, making source available on their web site for more than three years. Which they do. People do sell their TVs, etc.     Thanks     Bruce