w***@riseup.net
2013-10-23 05:26:57 UTC
Subject: Re: Linksys purges all older firmware due to GPL request
From: "Paolo Del Bene" <***@riseup.net>
Date: Wed, October 23, 2013 07:27:00 am
To:
Cc: ***@lists.gpl-violations.org
http://support.linksys.com/en-eu/softwarenotice
GPL Software Notice
Dear Customer / To Whom It May Concern,
You may have received from Linksys, a wholly-owned subsidiary of Belkin
International, Inc., certain products that contained â in part â some free
software (software licensed in a way that ensures your freedom to run,
copy, distribute, study, change and improve the software). Such products
include the ADSL2MUE, EFG120, EFG250, NAS200, NSLU2, RV series (including
RV016, RV042, RV082, RVS4000, RV0041, and RVL200), SPA400, WAG54G,
WAG300N, WAP series (including WAP4400N, WAP55AG, WAP4400N, and WAP54GPE),
WET54GS5, WIP300, WMA11B, WPG54G, WRE54G, WRT series (including WRT54GL,
WRT54GX, WRT54GX2, WRT54GX4, WRT54GR, WRT55AGv1, WRT55AGv2, WRTP54G,
WRT54GS, WRT55AG, WRT350N, and WRT300N), WRV series (including WRV200,
WRV54G, WRV54G-CA, and WRVS4400N), WVC54GC, WVC54G, and Quick-VPN
products.
As part of these products, Linksys or its distributors may have
distributed to you hardware and/or software, or made available electronic
downloads, that contained a version of BINUTILS, GCC, GDB, LIBC,
LIBFETISH, LIBIBERTY, PARTED, READLINE, and WGET, which are free (i.e.,
freedom-respecting â see http://www.gnu.org/philosophy/free-sw.html for
more details) software programs developed by the Free Software Foundation,
a separate not-for-profit organization without any affiliation to Linksys.
If we distributed any of these free software programs to you, we want you
to know that you were granted a license to that software under the terms
of either the GNU General Public License or GNU Lesser General Public
License (âLicensesâ; copies of which are available from
http://www.gnu.org/licenses/licenses.html). The Licenses allow you to
freely copy, modify and redistribute that software and no other statement
or documentation from us, including our End User License Agreement, places
any additional restrictions on what you may do with that software.
Further, for at least three (3) years from the date of distribution of the
applicable product or software, we will give to anyone who contacts us at
the contact information provided below, for a charge of no more than our
cost of physically performing source code distribution, a complete machine
â readable copy of the complete corresponding source code for the version
of the Programs that we distributed to you if we are in possession of
such. In addition, the source code for the latest version (as of May 15,
2009) of the free software programs in connection with the above current
products (except for RV016, RV042, RV082, WAP54G, WRE54G and WRT54G3G-VN)
is available for free download at http://support.linksys.com/gplcodecenter
(the source code for the RV016, RV042, RV082, WAP54G, WRE54G and
WRT54G3G-VN products will be available for free download from that url by
November 15, 2009).
Contact Information for Requesting Source Code:
Linksys
131 Theory Drive
Irvine, CA 92617
Tel: 949-823-3000
Fax: 949-823-4698
To initiate a GPL request, click here.
Attn: Free Software Director and Office of General Counsel
Sincerely,
Linksys
---------------------------- Original Message ----------------------------
Subject: Re: Linksys purges all older firmware due to GPL request
From: "James Hilliard" <***@gmail.com>
Date: Tue, October 22, 2013 1:26 pm
To:
Cc: ***@lists.gpl-violations.org
--------------------------------------------------------------------------
The software contained on the router when sold appears to be irrelevant for
this particular case, and they do appear to provide GPL license information
at least on their PDF manuals, although they often provide these whether or
not the routers actually contain GPL code. Providing for download on their
website the full software image(often not the same as provided on the
router itself) appears to be the point of contention and in my reading of
the GPL they are obligated to provide GPL source of those images for 3
years of distribution from their website as well. So even if the make a
router EOL if they leave the firmware images up they still have to comply
with the GPL in regards to those right? They did seem to have GPL notices
posted more or less properly but when asked for the source to those
downloads they pulled the images and refused source for a number of them
using EOL as justification. Oddly enough they still appear to be working on
getting source to the first one I contested.
From: "Paolo Del Bene" <***@riseup.net>
Date: Wed, October 23, 2013 07:27:00 am
To:
Cc: ***@lists.gpl-violations.org
http://support.linksys.com/en-eu/softwarenotice
GPL Software Notice
Dear Customer / To Whom It May Concern,
You may have received from Linksys, a wholly-owned subsidiary of Belkin
International, Inc., certain products that contained â in part â some free
software (software licensed in a way that ensures your freedom to run,
copy, distribute, study, change and improve the software). Such products
include the ADSL2MUE, EFG120, EFG250, NAS200, NSLU2, RV series (including
RV016, RV042, RV082, RVS4000, RV0041, and RVL200), SPA400, WAG54G,
WAG300N, WAP series (including WAP4400N, WAP55AG, WAP4400N, and WAP54GPE),
WET54GS5, WIP300, WMA11B, WPG54G, WRE54G, WRT series (including WRT54GL,
WRT54GX, WRT54GX2, WRT54GX4, WRT54GR, WRT55AGv1, WRT55AGv2, WRTP54G,
WRT54GS, WRT55AG, WRT350N, and WRT300N), WRV series (including WRV200,
WRV54G, WRV54G-CA, and WRVS4400N), WVC54GC, WVC54G, and Quick-VPN
products.
As part of these products, Linksys or its distributors may have
distributed to you hardware and/or software, or made available electronic
downloads, that contained a version of BINUTILS, GCC, GDB, LIBC,
LIBFETISH, LIBIBERTY, PARTED, READLINE, and WGET, which are free (i.e.,
freedom-respecting â see http://www.gnu.org/philosophy/free-sw.html for
more details) software programs developed by the Free Software Foundation,
a separate not-for-profit organization without any affiliation to Linksys.
If we distributed any of these free software programs to you, we want you
to know that you were granted a license to that software under the terms
of either the GNU General Public License or GNU Lesser General Public
License (âLicensesâ; copies of which are available from
http://www.gnu.org/licenses/licenses.html). The Licenses allow you to
freely copy, modify and redistribute that software and no other statement
or documentation from us, including our End User License Agreement, places
any additional restrictions on what you may do with that software.
Further, for at least three (3) years from the date of distribution of the
applicable product or software, we will give to anyone who contacts us at
the contact information provided below, for a charge of no more than our
cost of physically performing source code distribution, a complete machine
â readable copy of the complete corresponding source code for the version
of the Programs that we distributed to you if we are in possession of
such. In addition, the source code for the latest version (as of May 15,
2009) of the free software programs in connection with the above current
products (except for RV016, RV042, RV082, WAP54G, WRE54G and WRT54G3G-VN)
is available for free download at http://support.linksys.com/gplcodecenter
(the source code for the RV016, RV042, RV082, WAP54G, WRE54G and
WRT54G3G-VN products will be available for free download from that url by
November 15, 2009).
Contact Information for Requesting Source Code:
Linksys
131 Theory Drive
Irvine, CA 92617
Tel: 949-823-3000
Fax: 949-823-4698
To initiate a GPL request, click here.
Attn: Free Software Director and Office of General Counsel
Sincerely,
Linksys
---------------------------- Original Message ----------------------------
Subject: Re: Linksys purges all older firmware due to GPL request
From: "James Hilliard" <***@gmail.com>
Date: Tue, October 22, 2013 1:26 pm
To:
Cc: ***@lists.gpl-violations.org
--------------------------------------------------------------------------
The software contained on the router when sold appears to be irrelevant for
this particular case, and they do appear to provide GPL license information
at least on their PDF manuals, although they often provide these whether or
not the routers actually contain GPL code. Providing for download on their
website the full software image(often not the same as provided on the
router itself) appears to be the point of contention and in my reading of
the GPL they are obligated to provide GPL source of those images for 3
years of distribution from their website as well. So even if the make a
router EOL if they leave the firmware images up they still have to comply
with the GPL in regards to those right? They did seem to have GPL notices
posted more or less properly but when asked for the source to those
downloads they pulled the images and refused source for a number of them
using EOL as justification. Oddly enough they still appear to be working on
getting source to the first one I contested.
They are attempting to use the fact that these routers are EOL and not
being sold anymore as some sort of GPL exception but they have provided
firmware for these routers directly from their website up until a few days
ago.
On a strictly technical reading of the license.
*3.** You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following: *
* * *
* *a)** Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1 and 2
above on a medium customarily used for software interchange; or, * *
* *b)** Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your cost of
physically performing source distribution, a complete machine-readable copy
of the corresponding source code, to be distributed under the terms of
Sections 1 and 2 above on a medium customarily used for software
interchange; or, * *
* *c)** Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed only for
noncommercial distribution and only if you received the program in object
code or executable form with such an offer, in accord with Subsection b
above.) *
c) of course doesn't apply, as it's noncommercial.
If they did not accompany it with source, and I don't think anyones
arguing that - they could only be in compliance if there was actually a
written offer in the box.
If there was - then they are only required to keep the router source up
for 3 years.
If there was not - then they are not required to post source in any form,
as it does not affect the license, because linux was never licenced.
You cannot technically comply with GPLv2 after the fact - you need to
either supply the source, or a written offer. You cannot after-the-fact
'accompany it with' either a written offer or source code.
Of course - posting the source may affect hypothetical damages from their
copyright violations.
(Linksys has no rights to distribute linux in the above cases, but the
users are licensed separately by clause 6.)
being sold anymore as some sort of GPL exception but they have provided
firmware for these routers directly from their website up until a few days
ago.
On a strictly technical reading of the license.
*3.** You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following: *
* * *
* *a)** Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1 and 2
above on a medium customarily used for software interchange; or, * *
* *b)** Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your cost of
physically performing source distribution, a complete machine-readable copy
of the corresponding source code, to be distributed under the terms of
Sections 1 and 2 above on a medium customarily used for software
interchange; or, * *
* *c)** Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed only for
noncommercial distribution and only if you received the program in object
code or executable form with such an offer, in accord with Subsection b
above.) *
c) of course doesn't apply, as it's noncommercial.
If they did not accompany it with source, and I don't think anyones
arguing that - they could only be in compliance if there was actually a
written offer in the box.
If there was - then they are only required to keep the router source up
for 3 years.
If there was not - then they are not required to post source in any form,
as it does not affect the license, because linux was never licenced.
You cannot technically comply with GPLv2 after the fact - you need to
either supply the source, or a written offer. You cannot after-the-fact
'accompany it with' either a written offer or source code.
Of course - posting the source may affect hypothetical damages from their
copyright violations.
(Linksys has no rights to distribute linux in the above cases, but the
users are licensed separately by clause 6.)