Re: [ECOS] Redboot in a Router

[Jonathan Larmour <jifl at jifvik dot org>]

Andrew Potter wrote:
> Hi folks,
>
> 	A couple of questions regarding Redboot.
>
> 	I have an Inventel manufactured Livebox ADSL Modem/Router that uses
> Redboot.
>
> 	As I understand it, this software is released under a GPL compatible
> license and this means that Inventel must release the source code for
> every version of Redboot  used in the Livebox to me (as I have a Livebox
> and they have released a binary of it in a firmware update) if I request
> it. Is this true ?

Since they didn't supply source with the product, they must include a 
written offer to supply the source, as per GPL clause 3. If there was no 
such offer, that is already a violation.

You, and in fact anyone, is entitled to the GPL covered source code for 
any binary containing GPL'd code, if it didn't already come with sources. 
Which is indeed the case here.

So, in other words.... yes :).

> 	I have tried requesting the source code for the version used in this
> router from Inventel but have not had any response from them.
> 	If the above is true, is there anything else that can be done to get
> Inventel to release the source ?

I assume you have given them a reasonable time to respond, and approached 
the correct e-mail address? May I suggest looking at 
http://ecos.sourceware.org/ml/ecos-patches/2002-11/msg00082.html and 
talking to that guy directly. He may be more receptive.

Failing that, write a letter, by which I mean a physical one. E-mail is 
not a formal means of communication in many countries unfortunately. Tell 
them that you have informed the copyright holders (of which I am one) and 
that the copyright holders are also awaiting Inventel's response to you 
with interest.

If it's reached the stage of writing a letter (rather that talking to 
Xavier Debreuil) then you might consider upping the ante by highlighting 
to them section 4 of the GPL:

"  4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License.  Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License."

In other words... if they do not comply, they will be forced to withdraw 
*and recall* their product entirely.

But to be honest, I suspect more cock-up than conspiracy. Ignorance of the 
GPL requirements is the usual reason for non-compliance. There's probably 
no need to go out all guns blazing yet.

Note that they may well have published some of their patches on the 
ecos-patches list, as evinced by the above link. But that still doesn't 
absolve them of their obligations to give you the offer to obtain the 
source code. BTW, note that due to the special GPL exception clause with 
eCos, they are only required to provide code directly or indirectly 
derived from eCos/RedBoot. This may or may not be the code used to 
generate the entire binary.

> 	My understanding based on a response from Harald Welte (laforge at
> gnumonks dot org ) and reading his gpl-violations.org website is that
> the copyright holder would have to be the one to enforce their copyright
> in France. If this is true, can the copyright owner request Inventel to
> release the source ?

Ultimately yes, if necessary by going to court. That's very expensive and 
best avoided if it can be done by another route. But anyone can approach 
them and "remind" them of their legal obligations.

Please let ecos-maintainers [@] ecos.sourceware.org know how you get on.

Jifl
--
--["No sense being pessimistic, it wouldn't work anyway"]-- Opinions==mine

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