From: Gilad Ben-Yossef (gilad_at_nonexisting.hamakor.org.il)
Date: Wed 28 Jul 2004 - 17:37:44 IDT
Jonathan Ben Avraham wrote:
>On Wed, 28 Jul 2004, Gilad Ben-Yossef wrote:
>
>
>
>>Howdie,
>>
>>First, I am not a lawyer, but I do have some experience with these
>>things. I was also just present in a BOF session in OLS which discussed
>>GPLed violations with specific regards to embedded systems and was
>>hosted by Harald Welte, current IPTables maintainer that has just won
>>several off courst and one on court law suites related to GPL violation
>>in embedded devices. (see
>>http://www.groklaw.net/article.php?story=20040725150736471 for example).
>>
>>Omer Zak wrote:
>>
>>
>>
>>>Where can I find information about the following issues:
>>>1. Using GPLed software on embedded hardware, where the software is on
>>>ROM and cannot be modified by regular users.
>>>
>>>
>>There is a legal view that the GPL actually mandates you to allow the
>>end user to run modified software on the original device. Mind you -
>>this not my view, it is the view of Harald Welte (see above) lawyers. In
>>
>>
>
>The Harald Welte vs Sitecom Deutschland GmbH as reported in the above URL
>does not say this. I believe that you might be misreading. If you think
>otherwise, please quote the text in the translation of the decision that
>you think supports this opinion.
>
>
No, it doesn't and I was not implying that it was, sorry I
misrepresented the issue.
However, it is the view of Harald *and his lawyers*, as expressed by
Harald during the OLS BOF session and since they did manage to
successfully llitigate a case based on GPL violation in court their
views may or may not have some merit. They are something to consider
however, when you come to consider the matter.
I was trying to locate a copy of Harald presentation, but since it was a
BOF and not a lecture it is not in the proceedings and I couldn't find it.
>IMHO, the GPL makes no reference to and no assumption about the ease of
>modification of the software in a technical or financial sense. The GPL
>does not require you to provide toolsets to build the code. For example,
>if you can only build a piece of OS code using a compiler that costs
>$100,000.00, the GPL does not require you to provide the compiler if you
>modify the code. If you have to buy a US$10**6 wafer fab unit in order to
>install the software, the GPL does not require you to provide a cheaper
>alternative.
>
>
As I said, I am simply bringing here the views of Harald, as I
understand them. I share your doubts in regard to the validity of this
approach but though it is worth while to advertise what others (with
court tested experience with the GPL) think.
Cheers,
Gilad
-- Gilad Ben-Yossef <gilad_at_benyossef.com> Codefidence. A name you can trust(TM) http://www.codefidence.com "Those that can, do. Those that can't, complain". -- Linus Torvalds ================================================================= To unsubscribe, send mail to linux-il-request_at_linux.org.il with the word "unsubscribe" in the message body, e.g., run the command echo unsubscribe | mail linux-il-request_at_linux.org.il
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