/gpl_legal_toolkit

gpl_legal_toolkit

\remark{CASE: You found a GPL violation in a $INFRIGING_PRODUCT of $INFRIGING_VENDOR_COMPANY. First, it is very important to find the jurisdiction of the $INFRINGING_VENDOR_COMPANY. Go to their website, check Contact Us or About Us. If it's USA, Canada or EU, you are lucky since these jurisdiction take the IP and Copyright infrigements rather serious, and not just when enforcing music, movies, etc. copyrights.}

\remark{CASE: Initiate the GPL request process for product $INFRIGING_PRODUCT of $INFRIGING_VENDOR_COMPANY}

\remark{$GPL_INITIATOR_FULL_NAME -> $INFRIGING_VENDOR_COMPANY}

Hello,

First, thanks for taking notice of my case and unusual requirement it bears.

I am the owner of $INFRIGING_PRODUCT (bought on $SALE_DATE from $SELLER).

I came to know that $INFRIGING_PRODUCT contains pieces of GPL copyrighted material

It would be helpful first to get for the below GPL software list (which is not exhaustive - they can add whatever is missing) comments whether it is being used or not in the device, and if used - which version:

\remark{Adjust this list according to your needs and according to pieces identified in the $INFRIGING_PRODUCT software/firmware):

  • linux kernel
  • busybox
  • appweb
  • acpid
  • hwclock
  • boa
  • libxml2
  • bridge-utils
  • net-snmp
  • ethtool
  • openssl
  • expat
  • pkg-config
  • binutils
  • gmp
  • mpfr
  • uClibc
  • fakeroot
  • proftpd
  • genext2fs
  • sysvinit
  • buildroot
  • gcc (version is sufficient, does not require sources unless a custom version was used to build the firmware of the product software/firmware)
  • openssl (version is sufficient, does not require sources unless a custom version was used to build the firmware of the product software/firmware)
  • apache httpd

Second, once the above list is established, GPL requires them to provide the used source code along with any patches used in building software/firmware for $INFRIGING_PRODUCT, as well as steps/scripts/instructions on how to set the build environment and what steps to follow in order to build a fully functional binary (can be without any proprietary software written by them, but again GPL software mentioned above or modified GPL software is not their property), as well as programs/scripts/steps to upload/burn the built binary onto the device

Just to make sure I am being as transparent as possible, please check at your convenience GPL license terms here: http://www.gnu.org/licenses/gpl-2.0.html

Also, if you have any doubts about what needs to be disclosed as sources and what not, you can always refer to GPL Violations ogranization: http://gpl-violations.org/

Please let me know if you need more information from my side.

Looking forward for your amiable help.

Thanks a lot for your support in regards of GPL issues.

Regards, $GPL_INITIATOR_FULL_NAME

\remark{CASE: $INFRINGING_VENDOR_COMPANY will try to get away with lowest cost, overhead, headache possible, thus they will try to direct you to some Asian outsource contractor, which you will not want or will not be able to deal anyways. Just use the following line of thought on insisting your position on getting the sources from $INFRINGING_VENDOR_COMPANY itself, not from $SUPPLIER.}

\remark{$INFRINGING_VENDOR_COMPANY -> $GPL_INITIATOR_FULL_NAME}

As for acquiring the GPL(Linux, etc.) sources, you will have to communicate with $SUPPLIER, our contractor in $SUPPLIER_COUNTRY. Ideally, they will have access to these files – however, it is possible that they outsourced the firmware production. Good luck on your quest. $INFRINGING_VENDOR_COMPANY

\remark{$GPL_INITIATOR_FULL_NAME -> $INFRINGING_VENDOR_COMPANY}

Hello,

I think I must disagree with you here. Even though $SUPPLIER is your contractor/supplier, I have purchased a $INFRINGINT_VENDOR_COMPANY product which, to the best of my understanding, should allow me to deal with $INFRINGINT_VENDOR_COMPANY and not all the suppliers/contractors/vendors which were involved in the design and production of the $INFRINGING_PRODUCT product. Sending me to pursuit $SUPPLIER is like if I would by a Ford, which have various 3rd party vendor pieces in it, and once one of those pieces need to be replaced/repaired/upgraded, I would be sent to China to seek that vendor.

I am kindly asking your cooperation in dealing with this matter, because at the end of the day it will benefit everyone of us - you, as a supplier of a $INFRINGING_VENDOR_COMPANY labeled product, will stay compliant with the copyright terms, intellectual property conditions and software licenses used in your products and will not infringe any of the copyrights (for which (un)fortunately international and domestic laws are not very forgiving), and on the other hand it will benefit the open source community and enthusiast hobbyists, since people will be more glad to buy and play with it (check DreamBox sattelite receiver success - Linux & GPL-based device with open source for the community, people are loving it).

I reiterate my position exposed in my initial mail containing the request.

Looking forward for your reply and assistance.

Regards, $GPL_INITIATOR_FULL_NAME

\remark{CASE: you didn't receive any reply or acknowledgement from the $INFRIGING_VENDOR_COMPANY following your initial requests} \remark{CASE: you receive a conditional denial due to legal uncertainty of the $INFRIGING_VENDOR_COMPANY}

\remark{$INFRINGING_VENDOR_COMPANY -> $GPL_INITIATOR_FULL_NAME} I am the $MANAGER_POSITION with $INFRIGING_VENDOR_COMPANY. At this time we cannot continue with this request. Please provide a legal document requesting this information to our legal department. Once it has been approved by our lawyers we will be more than happy to assist you with this process.

\remark{$GPL_INITIATOR_FULL_NAME -> $INFRINGING_VENDOR_COMPANY}

Hello,

Please find below my statement regarding the request to access to GPL-related source code contained within $INFRIGING_PRODUCT which I legally bought/own:

  • On the basis of public knowledge (public knowledge that can be verified by at least checking the $INFRIGING_VENDOR_COMPANY-provided firmware/software $INFRIGING_VENDOR_URL (as a side note, removing or hiding the software from site doesn't remove it from the product CD or archived mirrors which are proofs of existence of that software) of the fact that $INFRIGING_PRODUCT contains at least Linux binaries, which are licensed under GNU GPL v2.0 (license that can be referred here http://www.gnu.org/licenses/gpl-2.0.html ) , as well as it might contain other GPL-related original/modified software packages

  • As per the terms of the license terms mentioned above, which covers aspects of code in the product $INFRIGING_PRODUCT, I am entitled to a copy of the source code (in it's complete sense - i.e. with compilation and installation scripts/steps) which must be made available and which $INFRIGING_VENDOR_COMPANY failed to provide offer for (as required by the license), thus infringing several points of the above copyright license.

  • Also, any other of the code in the product which is under copyright statements similar to GPL, $INFRIGING_VENDOR_COMPANY needs to provide the source code, and amend the box contents and related manuals to provide a copy of the license, and a written offer/a CD containing the code/an internet download location, otherwise it is reasonably clear that $INFRIGING_VENDOR_COMPANY infringes copyright in its distribution of the product.

Please understand that my interest is not to damage your business, but instead to protect GPL/FOSS, copyright holders of the sources provided in GPL/FOSS software and my rights as a consumer of a product based on GPL/FOSS, as well as help your business to stay compliant with licensing and copyright terms.

Just to make sure this is email is received and is not ignored by mistake, please acknowledge it's receipt and please provide a reasonable time-frame in which my request will be analyzed and responded accordingly.

Please also note, that in case of failure to acknowledge a reasonable time-frame or ignoring/denying my request based on legal terms of GPL license, I will have to resort on filling and submitting the following form in $COMPLAINT_TIMEOUT_DAYS days from the date of this email to the following instances and according to laws and guidelines mentioned below:

17 U.S.C. § 506 & 18 U.S.C. § 2319 Criminal Infringement of a Copyright. Statutory maximum penalty of 5 years in prison and a $250,000 fine for a first-time offender and 10 years in prison for a repeat offender.

17 U.S.C. § 1201-1205 Circumvention of Copyright Protection Systems. Maximum penalty of 5 years in prison and a $500,000 fine for a first-time offender and 10 years in prison and a $1 million fine for a repeat offender.

\remark{CASE: No response and follow up to the previous legal forms, send a final follow up}

\remark{$GPL_INITIATOR_FULL_NAME -> $INFRINGING_VENDOR_COMPANY}

Hello $MANAGER_POSITION,

Since I have no feedback or a fixed date for a response/source-provision, I am afraid I will have to submit the complaints according to the consumer rights and to the GPL rights to all the relevant organizations. I am planning on doing so on $FULL_DATE, as mentioned in my previous email.

However, I hope to hear before that date so that we can work on this issue together, otherwise the legal entities will have to take it up.

Regards, $GPL_INITIATOR_FULL_NAME

\remark{CASE: Not you should have allocated some time and fill in the complaints forms above, send them by online forms, fax, email - all means possible. While filing complaints, kindly request a registration number of the request and provide your contact information in case more details are required for complaint.}

\remark{CASE: $INFRIGING_VENDOR_COMPANY might try to win time or play you out, by letting it get forgotten and use templates like "After discussion with our engineers, they would need to ask for more information from the IC vendor for the following issue and it might take about N weeks. We will keep you updated." Follow-up after a week and if concrete results arise, then file the complaints}