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Communications Technology

Expert Says Cisco's iPhone violates GPL 193

Stony Stevenson writes "Even while Cisco Systems is suing Apple for violating its iPhone trademark, an open-source enthusiast is accusing Cisco itself of infringing copyright in the same product. From the article: "Cisco has not published the source code for some components of the WIP300 iPhone in accordance with its open-source licensing agreement, said Armijn Hemel, a consultant with Loohuis Consulting and half of the team running the GPL Violations Project, an organization that identifies and publicizes misuse of GPL licenses and takes some violators to court."
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Expert Says Cisco's iPhone violates GPL

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  • by Creepy Crawler ( 680178 ) on Wednesday January 17, 2007 @08:50PM (#17656662)
    Its iPwn3d.
  • by Anonymous Coward on Wednesday January 17, 2007 @08:52PM (#17656688)
    Can be found here [computerworld.com.au]. No ads, pleasant to read, all on one page! (Posting AC to avoid karma whore accusations).
  • by Ungrounded Lightning ( 62228 ) on Wednesday January 17, 2007 @09:20PM (#17657022) Journal
    Did anyone who purchased one of these phones ask for the source? They don't have to put the source out there for the general public.

    Actually, according to the GPL, if they don't provide the source with every phone then they DO have to give it to anyone in the general public upon request - until they've sold or otherwise "distributed" the last one and for a period of time thereafter.

    (You never know who ends up with the black box containing the object code, after all, and writing the GPL so it would require successive box owners to maintain a paper trail of ownership in order to obtain the source code would have subverted its purpose.)
  • by whoever57 ( 658626 ) on Wednesday January 17, 2007 @09:35PM (#17657188) Journal
    and when you say "give people" you mean "give the people they have sold the device to" right? Cause that's the only people to which they have given the binaries
    What is it about the "any third party" in "Accompany it with a written offer, valid for at least three years, to give any third party" from 3.b of GPL Version 2 that you don't understand?
  • by Constantine Evans ( 969815 ) on Wednesday January 17, 2007 @09:51PM (#17657322) Homepage
    In my interpretation, that doesn't mean any third party in general, it means any third party that the party with the written offer chooses. An arbitrary third party wouldn't have the written offer, and so wouldn't be eligible.

    The idea behind that section is that someone who has a binary under the GPL but hasn't requested the source shouldn't be required to acquire the source before distributing the binary. With that section, they can distribute the binary and rely on the original provider to provide the source directly.

    Nevertheless, this has come up a few times before on Slashdot. For example, see
    http://slashdot.org/comments.pl?sid=212978&cid=173 29266 [slashdot.org] - as can be seen, the interpretation of that particular point is quite difficult. I am considering asking the FSF directly about the section.
  • by hp48 ( 145151 ) on Wednesday January 17, 2007 @10:37PM (#17657840)
    Did anyone who purchased one of these phones ask for the source? They don't have to put the source out there for the general public.

    Actually, according to the GPL, if they don't provide the source with every phone then they DO have to give it to anyone in the general public upon request - until they've sold or otherwise "distributed" the last one and for a period of time thereafter.


    Actually, according the the GPL, they don't. They just have to give it to anyone who uses the binary. However, most of the time anyone in the general public could be a user, but that's not assured.

    http://www.fsf.org/licensing/licenses/gpl-faq.html #GPLRequireSourcePostedPublic [fsf.org]>
    and
    http://www.fsf.org/licensing/licenses/gpl-faq.html #WhatDoesWrittenOfferValid [fsf.org]>
  • by SLi ( 132609 ) on Wednesday January 17, 2007 @10:51PM (#17657982)
    Argh. When will people learn this? The GNU GPL is not a "licensing agreement", it's a license. It's a one-sided declaration that gives to the licensee rights they would not otherwise under the copyright law have (ie. the right to redistribute the software under some conditions, spelled out by the GPL). It doesn't demand anything at all in exchange, and the licensee does not need to "agree" to it or "accept" it for it to have effect (and not accepting it wouldn't make much sense, since it only gives additional rights).
  • by Rude Turnip ( 49495 ) <valuation.gmail@com> on Wednesday January 17, 2007 @11:43PM (#17658412)
    Way, way, way wrong...the GPL is a license to redistribute the source code under certain conditions. It says nothing and has nothing to do with the use of the code.
  • by simm1701 ( 835424 ) on Thursday January 18, 2007 @03:33AM (#17659934)
    Just an adendum to your points... its not just modified GPL code that you need to release. Its also the code of derivative works.

    Its defining derivative (which differs between the LGPL and the GPL and also how you link to libraries) which is the other mine field.

    In general if you dynamically link LGPL libraries or system call to binaries of either type you are safe from having to release your own code as GPL/LGPL

    One of the other compliance issues that is uner the GPL that is trrival to meet but many companies fail to do so is that when you do use GPL code in such a way that you dont have to release your own code, you still have to aknowlege the use of such GPL code and either provide a copy of the source code in machine readable form or provide instructions to where it can be found (a few links to sourceforge is usually sufficient) since this is trivial to do it understanably annoys FOSS advocates when companies fail to do so.
  • GPL vs. EULA (Score:3, Informative)

    by Per Abrahamsen ( 1397 ) on Thursday January 18, 2007 @04:53AM (#17660326) Homepage
    The GPL extends the rights you have by copyright law.

    An EULA restricts the rights you have by copyright law.

    You have no obligation whatsoever to accept the GPL, and if you don't you are still free to use the software as you seem fit. An EULA will try to tell you that you can't use the software unless you agree with it.

    What the GPL does is to allow you to redistribute the software under certain conditions, something you have otherwise no right to do under copyright law.

    What an EULA is to disallow some uses of the software, something you are otherwise free to do under copyright law.

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