On Thu, 24 Oct 2013 11:55:10 -0700, Bruce wrote in message
Post by Bruce PerensSlow down.
I know how aggravating this is. I've watched it happen with my own software all too often.
But if some clueless person bursts into a shop to give them a lecture
about software piracy and the GPL, the store is just going to ask
them to leave and call the police if they don't.
..true. If you bought anything with GPL binaries, you can ask for the
source. Maybe point to the GPL and ask politely one final time, to get
them on record that they knowingly does not comply to the license, then
leave and go to the police and report the crime, which is known by law
enforcement as "software piracy", and let them do their SWAT thing, if
that's what it takes to swat down software pirates. ;o)
Post by Bruce PerensYou also need to think about what purpose is served by going after a shop keeper who
knows nothing of this and bought a box of product on Alibaba.
..most people who sell cell phones even in dinky toy Norway,
are wanna-be Walmart retail chains, not mom-n-pop shops.
They can take it. ;o)
Post by Bruce PerensThere are valid ways to go after the manufacturer if they don't cooperate.
..very true. But the big chain retailer is where you buy things. ;o)
Post by Bruce PerensMost useful is an import ban by the United States and the
international trade commission. We can indeed get this on behalf of a
copyright holder.
If you are not representing the copyright holder of infringed
software, you don't have any legal standing to enforce anything.
.._anyone_ can report what _they_think_may_ be a crime to the cops.
You don't even need to know. The government has the "standing" it
needs to enforce criminal law.
..I certainly agree it helps having your facts etc straight and that
having copyright standing should help, but I am also getting the
impression that "Hollywood 'n Microsoft" has been trying to teach
courts and law enforcement "a lesson", by bringing over-the-top
unfair cases, to take the teeth out of criminal copyright law, and
thru that, the teeth out of the GPL.
..if we need teeth, we want them pointy and sharp enough.
Post by Bruce PerensSo, you need to get that piece in place first. You are also going to
need an attorney. SFC has both of those things, but they have a list
of companies to enforce upon that will never end. Maybe ZTE is not
even the worst violator on that list, and thus isn't the next company
they are going after.
..it's Chinese and possible to portray to .gov as "spytools", Joe
Sixpack just want a nice cheap phone, which gets cheap by getting
made and sold in bulk by the chains.
..going after retail chains, means they lose _all_ their business
on all things that run Linux, not just ZTE cell phones, washing
maschines, stoves, etc, once they lose their license to Linux.
..be polite, and maybe philosophical, "Does this too run Linux?",
and "Imagine if you lost all your business on things that run Linux
_just_ because of ZTE's non-compliance, what would happen, would
you be able to compete with the other chains buying software from
Microsoft or Apple?" ;o)
..one way these retail chains can avoid such peril, is hiring GPL
compliance staff to support their cell phone etc purchase teams,
I can imagine chains demanding source up front, from e.g. ZTE. ;o)
Post by Bruce PerensThanks
Bruce
Post by Arnt KarlsenOn Fri, 25 Oct 2013 11:35:57 +0200, Nils wrote in message
Post by Nils FaerberPost by James HilliardThe Chinese ZTE company appears to be ignoring GPL requirements
in numerous markets especially in Europe. They appear to
manufacture numerous routers/DSL modems that use the linux
kernel and they do not distribute any source code for anything
as far as I can tell or provide any GPL written offers. I have
done an analysis of some of their DSL modems that all appear to
be using the Linux kernel and likely other GPL code. When
contacted they appear uncooperative in fixing this issue but
admit that the routers use Linux.
Oh great, I mean the case of ZTE :(
But this is something that is pretty common for Chinese hardware makers
- look at all those cheap Android devices floating around. For most
of
Post by Nils Faerberthem you do not get anything and I am almost sure that most even
run without proper licensing of the multi media codecs too.
It is pretty hard to enforce this.
..bull. The ZTE etc phones you see in malls etc shops, you buy
from "that shop", not from ZTE etc. So go after the shops.
Linux is found not just in ZTE cell phones, but also Samsung phones,
Linksys routers, TV sets, stoves, washing machines, vacuum cleaners,
etc. So, ask your shop for ZTE GPL source, and tell them about S/W
piracy law enforcement and recycling costs. ;o)
Post by Nils FaerberWithin China you have basically no
chance. Within a western country the best thing one could do is to
threaten the maker with an import embargo. This could be achieved
when
Post by Nils Faerberthe issue is taken to the local offcials dealing with "intellectual
property rights". But this has only seldomly been done, as far as I
know. And for all the small makers it would not help either - once
you
Post by Nils Faerberachieved one embargo they will simply switch the brand/name/model
and off they go again - been there, seen that. For a large company
like ZTE that wants to get more ground in western countries now
(which used to be a China/Asia only brand) this could though be a
little different case.
But yes, this really aggravates me too for some time, that Asian
manufacturers basically ignore most of it, making a business from
it and thus have an unfair competetive advantage compared to
western makers that (have to) respect it.
Cheers
nils
--
..med vennlig hilsen = with Kind Regards from Arnt Karlsen
...with a number of polar bear hunters in his ancestry...
best case, worst case, and just in case.
--
..med vennlig hilsen = with Kind Regards from Arnt Karlsen
...with a number of polar bear hunters in his ancestry...
Scenarios always come in sets of three:
best case, worst case, and just in case.