Re: [ilugd] Skype Found Guilty of GPL Violations

2007-08-02 Thread lawgon
Quoting Anupam Jain [EMAIL PROTECTED]:

 On 7/30/07, Kenneth Gonsalves [EMAIL PROTECTED] wrote:
 
 
  On 30-Jul-07, at 1:55 PM, PJ wrote:
 
   Since the starcom UT modem I have at the office is redistributed
   without source
   access and GPL text, it seems to be the same kind of violation as
   skype's
   violation when skype distributed their voip set without source
   access and GPL
   text.
 
  if MTNL has not modified the code in the modem, it is under no
  obligation to provide the source or the GPL text
 
 
 Ok Lets look at it this way.. MTNL gets the right to distribute the modem
 from Starcom.. Starcom does not have the right to distribute the modem
 unless it complies with the GPL.. Starcom does not comply with the GPL..
 Hence Starcom neither has the right to distribute nor the right to give the
 right to distribute the software to a third party.. Hence MTNL has no rights
 to distribute the tainted code..
 
 I don't see where the confusion is..

right - somehow I had assumed that starcom had complied with the GPL. Although I
dont think MTNL would have any contract with starcom. MTNL would be purchasing
modems on the tender system from some dealer and would be passing the same as
recieved to the customer after testing it. So the customer usually gets the
modem with original packing and literature. Even then MTNL is guilty of
violation of GPL. And so is every dealer/retailer who sells these modems. The
obvious solution is to sue starcom. Given the success in the dlink case, I would
assume that Harald welte has already issued notice to starcom - assuming that
starcom is big enough to show up on his radar. In India, the easiest way of
shaking up MTNL is to file an application under the RTI act seeking information
as to who is responsible for MTNL getting involved in illegal deals like this.
Any Indian citizen can file such an application - and such applications are
extraordinarily effective.
 
 -- Anupam
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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-30 Thread Anupam Jain
On 7/30/07, Shiv [EMAIL PROTECTED] wrote:

 PJ [EMAIL PROTECTED] wrote:

 Both promote/sell devices that run an embedded customized linux.
   Which leads me to think,
   If Airtel/Hutch/IDEA etc sell the Motorola Ming (or any other model
 with embedded linux), which I dont think they do, would they be in violation
 of GPL? Or would the reseller/retailer/redistributor be in violation (say
 subhiksha mobile, or the hotspot etc).

   Personally, I think that since most of the resellers resell the product
 in original box packing (with the exception of some providers who may
 re-brand it and hence tinker with the code), they shouldnt be held liable.



The GPL does not deal with manufacture.. It deals specifically with
distribution.. The terms of the license allow you to do anything with the
sources as long as you keep it to yourself.. Hence if you got the modem from
MTNL, it matters little who manufactured it. MTNL has a legal liability to
comply with the terms of the GPL and provide you the sources.


  What is also worth thinking about is, if any of the embedded devices with
 a non-GPL OS is sold, who pays for the runtime licenses? It is in a majority
 of cases, the manufacturer  not the reseller, redistributor etc.



Comparing GPL and with other no-free licenses would be comparing apples with
oranges.. You really cannot generalize like that..


-- Anupam
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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-30 Thread PJ
Kenneth Gonsalves [EMAIL PROTECTED] writes:

 If  
 MTNL is not altering the software, they dont need to give any notice  
 anywhere

No.

If they're officially distributing the adsl box to outside the company (whether
or not as an official company product - it doesn't matter), then the GPL licence
must be there.

 - or source for that matter.

I thought a url to the source would be enough before this Skype case came up,
but the court decided it wasn't enough.

Maybe a real lawyer can step in here and explain this last bit.

PJ



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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-30 Thread Kenneth Gonsalves

On 30-Jul-07, at 1:55 PM, PJ wrote:

 Since the starcom UT modem I have at the office is redistributed  
 without source
 access and GPL text, it seems to be the same kind of violation as  
 skype's
 violation when skype distributed their voip set without source  
 access and GPL
 text.

if MTNL has not modified the code in the modem, it is under no  
obligation to provide the source or the GPL text


-- 
regards

Kenneth Gonsalves
Associate, NRC-FOSS
[EMAIL PROTECTED]
http://nrcfosshelpline.in/web/




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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-30 Thread Anupam Jain
On 7/30/07, Kenneth Gonsalves [EMAIL PROTECTED] wrote:


 On 30-Jul-07, at 1:55 PM, PJ wrote:

  Since the starcom UT modem I have at the office is redistributed
  without source
  access and GPL text, it seems to be the same kind of violation as
  skype's
  violation when skype distributed their voip set without source
  access and GPL
  text.

 if MTNL has not modified the code in the modem, it is under no
 obligation to provide the source or the GPL text


Ok Lets look at it this way.. MTNL gets the right to distribute the modem
from Starcom.. Starcom does not have the right to distribute the modem
unless it complies with the GPL.. Starcom does not comply with the GPL..
Hence Starcom neither has the right to distribute nor the right to give the
right to distribute the software to a third party.. Hence MTNL has no rights
to distribute the tainted code..

I don't see where the confusion is..

-- Anupam
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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-30 Thread PJ
Kenneth Gonsalves [EMAIL PROTECTED] writes:

 if MTNL has not modified the code in the modem, it is under no  
 obligation to provide the source or the GPL text

They have.

But that's wandering off the original point.

The point is that MTNL is obliged to provide the GPL licence and access to the
source (if not the source itself) when they distribute the modem. This is true
even if they have not modified the source.

[If the GPL licence and access to the source was missing when it reached MTNL,
then I'd expect MTNL to be obliged to stop providing the modems, or else they're
helping the violators - but that is a separate case, and the liabilities
they have would really have to be figured out by looking at the agreement they
had with Starcom.

And in practice, of course, by the time anything happens in the Indian justice
system we will all probably be past caring. Nonetheless, the truth remains that
MTNL has obligations to the GPL, and I expect would (eventually, after many
wearying years) incur a penalty for neglecting them if dragged to court on this]

PJ



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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-30 Thread आशीष शुक्ल Ashish Shukla
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

,--[ On Mon, Jul 30, 2007 at 04:00:53PM +0530, Kenneth Gonsalves wrote:
| 
| On 30-Jul-07, at 1:55 PM, PJ wrote:
| 
|  Since the starcom UT modem I have at the office is redistributed  
|  without source
|  access and GPL text, it seems to be the same kind of violation as  
|  skype's
|  violation when skype distributed their voip set without source  
|  access and GPL
|  text.
| 
| if MTNL has not modified the code in the modem, it is under no  
| obligation to provide the source or the GPL text

quoting from GPLv2 license[1]:

- -- begin excerpt --
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights. These restrictions translate to certain responsibilities for
you if you distribute copies of the software, or if you modify it. 

For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
- -- end excerpt --

| 
| -- 
| regards
| 
| Kenneth Gonsalves
| Associate, NRC-FOSS
| [EMAIL PROTECTED]
| http://nrcfosshelpline.in/web/
| 

References
[1] http://www.gnu.org/licenses/old-licenses/gpl-2.0.html

Ashish Shukla
- -- 
Ashish Shukla Wah Java !!
आशीष शुक्ल

weblog: http://wahjava.wordpress.com/

  ,= ,-_-. =.  | A: Yes.|
 ((_/)o o(\_)) | Q: Are you sure?  |
  `-'(. .)`-'  | A: Because it reverses the logical flow of conversation. |
  \_/  | Q: Why is top posting frowned upon? |

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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-29 Thread Kenneth Gonsalves

On 27-Jul-07, at 3:31 PM, PJ wrote:

 D-link has a record of GPL violations. But they did get thoroughly  
 spanked
 by a German court for it. (see http://www.jbb.de/ 
 judgment_dc_frankfurt_gpl.pdf).

as already mentioned all new dlink products that i have bought have  
the gpl notice on them - this is the result of the court case. If  
MTNL is not altering the software, they dont need to give any notice  
anywhere - or source for that matter.


-- 
regards

Kenneth Gonsalves
Associate, NRC-FOSS
[EMAIL PROTECTED]
http://nrcfosshelpline.in/web/




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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-28 Thread Kenneth Gonsalves

On 27-Jul-07, at 2:02 PM, PJ wrote:

 Come to think of it, this is the same way the MTNL adsl modems are  
 in violation
 of the GPL. At least, I haven't seen any notice that says GPL source
 available for them on the MTNL website.

MTNL manufactures modems?


-- 
regards

Kenneth Gonsalves
Associate, NRC-FOSS
[EMAIL PROTECTED]
http://nrcfosshelpline.in/web/




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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-28 Thread Kenneth Gonsalves

On 27-Jul-07, at 2:21 PM, Shiv wrote:

 Most of the modems that MTNL gives out (I have one such model) is a  
 Dlink DSL-502T which is an ADSL router with 1 ethernet and 1 USB port.

after harald welte sued them, all Dlink products have a GPL notice on  
them - long live Harald Welte!


-- 
regards

Kenneth Gonsalves
Associate, NRC-FOSS
[EMAIL PROTECTED]
http://nrcfosshelpline.in/web/




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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-27 Thread PJ
Lokesh Bhog [EMAIL PROTECTED] writes:

   The decision found that Skype had violated the GPL by the way it distributed
 a voice over IP (VoIP) handset, the SMCWSKP100, which incorporates the GPL-
 covered Linux kernel in its firmware.

Interesting.

Come to think of it, this is the same way the MTNL adsl modems are in violation
of the GPL. At least, I haven't seen any notice that says GPL source
available for them on the MTNL website.

The MTNL modem in the office for example runs a 2.6.8 linux kernel on a hardware
spec of 235.52 bogomips/6MB ram. It'd be fun to hack away at it.

PJ



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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-27 Thread Shakthi Kannan
Hi,

This e-mail has been CCed to Nagarjuna (FSF-India).

On 7/27/07, PJ [EMAIL PROTECTED] wrote:
 Interesting.

 Come to think of it, this is the same way the MTNL adsl modems are in 
 violation
 of the GPL. At least, I haven't seen any notice that says GPL source
 available for them on the MTNL website.

 The MTNL modem in the office for example runs a 2.6.8 linux kernel on a 
 hardware
 spec of 235.52 bogomips/6MB ram. It'd be fun to hack away at it.

Which modem model number?

Yes, indeed. Everyone can afford it. Will be useful to do development
with it, if we can flash it, or atleast download the kernel image onto
RAM and run it from there. Can use it as a platform to learn embedded.

Time for some action, and info on a wiki?

SK

-- 
Shakthi Kannan
http://www.shakthimaan.com

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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-27 Thread Shiv

Shakthi Kannan [EMAIL PROTECTED] wrote:
Which modem model number?

/

Hi,
Most of the modems that MTNL gives out (I have one such model) is a Dlink 
DSL-502T which is an ADSL router with 1 ethernet and 1 USB port.
I have been able to telnet into the router and have been presented with a 
Busybox shell prompt!
There have been other posts talking about this too.
There also seems to be an OpenWRT fork that lets you change the firmware on the 
DSL -502T. 
Rather than MTNL issue a Source available message, shouldnt it be D-Link 
which does it? Also, the folks at MTNL wouldnt know whether the Modem that they 
have contains open source code. 
On the other hand, It might cause a knee-jerk reaction from them and they might 
pull out all the Dlink routers and hand out some other brand with VxWorks or 
something similar!!
Airtel seems to be giving out Zyxel Prestige 618 modems. Does anyone know what 
OS these contain?


Regards,
Shiv


With Warm Regards,
Shivkumar
www.outbackwifi.com
   
-
Pinpoint customers who are looking for what you sell. 
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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-27 Thread आशीष शुक्ल Ashish Shukla
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

,--[ On Fri, Jul 27, 2007 at 08:32:39AM +, PJ wrote:
| Lokesh Bhog [EMAIL PROTECTED] writes:
| 
|The decision found that Skype had violated the GPL by the way it 
distributed
|  a voice over IP (VoIP) handset, the SMCWSKP100, which incorporates the GPL-
|  covered Linux kernel in its firmware.
| 
| Interesting.
| 
| Come to think of it, this is the same way the MTNL adsl modems are in 
violation
| of the GPL. At least, I haven't seen any notice that says GPL source
| available for them on the MTNL website.
| 
| The MTNL modem in the office for example runs a 2.6.8 linux kernel on a 
hardware
| spec of 235.52 bogomips/6MB ram. It'd be fun to hack away at it.

My Beetel modem (220BX) which comes with Airtel Broadband also runs
Linux (tainted kernel) v. 2.6.8.1 on some Broadcom. And I've not received copy
of GPL or found any mention of the availability of source code with it.

| 
| PJ

Ashish Shukla
- -- 
Ashish Shukla Wah Java !!
आशीष शुक्ल

  ,= ,-_-. =.  | A: Yes.|
 ((_/)o o(\_)) | Q: Are you sure?  |
  `-'(. .)`-'  | A: Because it reverses the logical flow of conversation. |
  \_/  | Q: Why is top posting frowned upon? |

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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-27 Thread PJ

 On 7/27/07, PJ [EMAIL PROTECTED] wrote:
 
  The MTNL modem in the office for example runs a 2.6.8 linux kernel on
  a hardware spec of 235.52 bogomips/6MB ram. It'd be fun to hack away at it.

Shakthi Kannan [EMAIL PROTECTED] writes:

 Which modem model number?
 
Looking at it...this one is a small beige box with the MTNL logo on it.

The model number is UT-300R2U, and it is made by a chinese outfit called UT
Starcom. Maybe MTNL has a policy of handing this one out to corporates.

The usual consumer models that MTNL hands out are, as noted elsewhere in this
thread, D-link DSL 502T models. They run a 2.4.17 kernel (at least mine does)
(see http://www.lug-delhi.org/wiki/ConfiguringNetwork/MTNL_broadband)

D-link has a record of GPL violations. But they did get thoroughly spanked
by a German court for it. (see http://www.jbb.de/judgment_dc_frankfurt_gpl.pdf).

PJ



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Re: [ilugd] Skype Found Guilty of GPL Violations

2007-07-27 Thread Shakthi Kannan
Hi,

On 7/27/07, Shiv [EMAIL PROTECTED] wrote:
 Most of the modems that MTNL gives out (I have one such model) is a Dlink 
 DSL-502T which is an ADSL router with 1 ethernet and 1 USB port.
 I have been able to telnet into the router and have been presented with a 
 Busybox shell prompt!

Good. Do you have it documented somewhere online. It will be helpful
for others to try the HOWTO, and share their experiences.

 Rather than MTNL issue a Source available message, shouldnt it be D-Link 
 which does it?

If the end-user buys everything from MTNL, they should provide
everything to the end-user. The end-user doesn't care with whom MTNL
has alliances with, or who actually provides it.

 On the other hand, It might cause a knee-jerk reaction from them and they 
 might pull out  all the Dlink routers and hand out some other brand with 
 VxWorks or something similar!!

No need to go all panicky. Just make a request to them that they are
required to provide the source code. Or check here, and contact the
folks to see if they can help in the process:

http://gpl-violations.org/faq/violation-faq.html

I think FSF-India can take this forward with the help of
gpl-violations.org (if needed).

SK

-- 
Shakthi Kannan
http://www.shakthimaan.com

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