Transcend's "one of the most cavalier GPL violations in a long time"

[Fernando Cassia]

Sorry if this has been already discussed on this list...

http://hackaday.com/2013/09/19/advanced-transcend-wifi-sd-hacking-custom-kernels-x-and-firefox/

"After all this was done, [Dmitry] finally got a response back from
one of Transcend’s support engineers. They are “Uninterested” in
complying with GPL, and he is “free to report this to any Linux
organization” Ouch! That’s one of the most cavalier GPL violations
we’ve seen in a long time."

FC

[Joseph Heenan]

Post by Fernando Cassia
Sorry if this has been already discussed on this list...
http://hackaday.com/2013/09/19/advanced-transcend-wifi-sd-hacking-custom-kernels-x-and-firefox/
"After all this was done, [Dmitry] finally got a response back from
one of Transcend’s support engineers. They are “Uninterested” in
complying with GPL, and he is “free to report this to any Linux
organization” Ouch! That’s one of the most cavalier GPL violations
we’ve seen in a long time."
FC

I only looked briefly, but I didn't see anywhere that documented what
the violation actually is.

One of the comments mentions missing u-boot source but that this has now
been corrected; and there are mentions to module sources [you /can/ do
closed source linux kernel modules in some cases iirc, so that requires
further explanation], and the kernel configuration file - but if that's
retrievable from the kernel itself that's arguably not a violation.

Are there further details somewhere?

Joseph

[Ralph Corderoy]

Hi Joseph,

Post by Joseph Heenan
One of the comments mentions missing u-boot source but that this has
now been corrected; and there are mentions to module sources [you
/can/ do closed source linux kernel modules in some cases iirc, so
that requires further explanation], and the kernel configuration file
- but if that's retrievable from the kernel itself that's arguably not
a violation.
Are there further details somewhere?

Dmitry did try and report his blog post to the list himself but Mailman
automatically (not us moderators) rejected his post for an, as yet,
undetermined reason. I'm CC-ing him as he's not a subscriber. Dmitry,
the thread so far can be found in the archive;
http://lists.gpl-violations.org/pipermail/legal/2013-September/004224.html

Dmitry's rejected email to the list included

Post by Joseph Heenan
Not sure if this is the proper way to contact the project for this
issue, but I hope so. If not, please forgive me and let me know how to
do it better. Transcend's WiFi SD card GPL release package contains a
kernel source that is *NOT* what they ship in binary, lacks the source
of two modules they ship in binary, and lacks the source of u-boot
http://dmitry.gr/index.php?r=05.Projects&proj=15.%20Transcend%20WiFiSD).
I was led to believe that this project helps get vendors into
compliance. When I tried pointing it out to them I was told,
essentially, to go away and that they were uninterested (details in my
link). Can anything be done?

Cheers, Ralph.

[luke.leighton]

dmitry could you please make the messages from transcend public?
please post them to ***@lists.gpl-violations.org or provide copies
on your site and notify people so that they can be mirrored
immediately. otherwise it is "hearsay".

l.

[Ralph Corderoy]

Post by luke.leighton
dmitry could you please make the messages from transcend public?

Hi, It seems Dmitry's emails still aren't getting past the list's
Mailman, sigh. :-( Here is his reply. Cheers, Ralph.

--------8<--------------------------------------------------------------

From: Dmitry Grinberg <***@gmail.com>
Date: Mon, 23 Sep 2013 16:43:24 -0700
Message-ID: <CAMyDq_61KkHWU7pN7n3pn5eCJBK0Amipcwvg+JzFs-edQjm+***@mail.gmail.com>
Subject: Re: Transcend's "one of the most cavalier GPL violations in a long time"
To: "luke.leighton" <***@gmail.com>
Cc: Ralph Corderoy <***@inputplus.co.uk>,
"***@lists.gpl-violations.org" <***@lists.gpl-violations.org>

EXCHANGE #1:


Customer Contact Us Form

Your Country:United States
Your City:San Francisco
Your Email:***@gmail.com
Your Name:Dmitry Grinberg
Your Phone:[phone]
Content:I would like the sources to all GPL components in the Wifi SD
card, as the GPL license on the kernel you used in the card requires.
Your manual, that comes with the card makes no offer to provide the
sources nor does it provide a location to get them. This violates the
GPL.

------

Dear Mr. Grinberg,



Thank you for your interest in Transcend=92s WiFi SDHC Card.


Regretfully, this product has been discontinued and we no longer sell
this card in the United States.



Thank you,



Marc Crawford

Customer Service Manager

TRANSCEND INFORMATION (USA)
1645 N BRIAN STREET

ORANGE CA 92867-3423

Tel: [phone] x2230

Fax: [phone]
EMAIL: ***@transcend-info.com
SKYPE: marcJcrawford


------

Dmitry Grinberrg:

Unfortunately that does not absolve you of the software license you
agreed to by using Linux kernel. Please provide sources as required by
law.













EXCHANGE #2:


Customer Name-Dmitry GrinbergProduct Group-Wireless & Multimedia Products
Transcend P/N-
(How to find P/N and S/N)TS16GWSDHC10
Email-***@gmail.comProduct S/N-
Telephone No-[phone]Purchase date-
2013/08/06
Device Name-WiFi SD 16GBCPU Type-
Operating System-Firmware Version-

(Service pack)Addon Device-
Description of Problems-incomplete GPL package for WiFi SD card product
What action did you take to solve this/these problem(s)? (RMA,
Reinstall OS or Something else)-
Your Request-The published GPL-compliance package is incomplete and
wrong. As published on your site, WiFiSD_GPL_release.zip has a few
problems:

1. it does not include u-boot source code even though u-boot is
GPL-licences and your product uses it
2. Your product uses three kernel modules (which as per kernel license
are GPL (ka2000_sdhc, ka2000_sdio, and ar6000) and sources are not
provided
3. The kernel sources are missing the proper kernel config (under
arch/arm/configs) for the card. This is part of the source and thus
must be provided as well.

Pleas provide these as required by the license and law. I will have
to report this to Linux and u-boot maintainers who have in the past
been very harsh with GPL violators...


(Please note that "we no longer sell this product" does not in fact
absolve you from your responsibility under the GPL license)



------

Dear Dmitry,



For better service, can you tell us where are you located?



If you have any question, please feel free to let us know.
We'll be eager to service you to the best of our ability.

Best Regards,



Lillian Lopez

Technical Support Engineer

Transcend Information Inc.

1645 North Brian Street

Orange, CA 92867

Direct: [phone] ext 2523

Fax: [phone]

www.Transcend-Info.com





-----



I am curious why that matters, but ok. I am located in California, USA

----
Best Regards,
Dmitry Grinberg





-----



Dear Dmitry,



I need to ask about your location to know which Transcend Office is in
charge to answer your inquiry.



Thanks for let us know about your concern regards to the WIFI card GPL
licenses, and you are free to do any report about our product to any
Linux organization.



If you have any question, please feel free to let us know.
We'll be eager to service you to the best of our ability.

Best Regards,



Lillian Lopez

Technical Support Engineer

Transcend Information Inc.

1645 North Brian Street

Orange, CA 92867

Direct: [phone] ext 2523

Fax: [phone]

www.Transcend-Info.com






---


Dmitry Grinberg:


Should I expect replies from you?




























that is the two exchanges i've had with them
----
Best Regards,
Dmitry Grinberg
[phone]

Post by luke.leighton
dmitry could you please make the messages from transcend public?
on your site and notify people so that they can be mirrored
immediately. otherwise it is "hearsay".
l.

[luke.leighton]

Post by Fernando Cassia
Sorry if this has been already discussed on this list...
http://hackaday.com/2013/09/19/advanced-transcend-wifi-sd-hacking-custom-kernels-x-and-firefox/
"After all this was done, [Dmitry] finally got a response back from
one of Transcend’s support engineers. They are “Uninterested” in
complying with GPL, and he is “free to report this to any Linux
organization” Ouch! That’s one of the most cavalier GPL violations
we’ve seen in a long time."

not only that but it would provide the courts with clear evidence of
blatant copyright infringment. the penalties for such are extremely
high.

l.