From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1761139AbYESW6f (ORCPT ); Mon, 19 May 2008 18:58:35 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S1761740AbYESW6S (ORCPT ); Mon, 19 May 2008 18:58:18 -0400 Received: from mx1.redhat.com ([66.187.233.31]:44339 "EHLO mx1.redhat.com" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1761594AbYESW6Q (ORCPT ); Mon, 19 May 2008 18:58:16 -0400 Message-ID: <483205C8.8050108@redhat.com> Date: Mon, 19 May 2008 18:57:12 -0400 From: Chris Snook User-Agent: Thunderbird 2.0.0.14 (X11/20080501) MIME-Version: 1.0 To: stan.cunningham@yahoo.com CC: linux-kernel@vger.kernel.org, legal@narasimha.gpl-violations.org, license-violation@gnu.org Subject: Re: ASUS SplashTop and Phoenix Hyperspace infringing kernel copyright and GPL References: <631852.45308.qm@web57409.mail.re1.yahoo.com> In-Reply-To: <631852.45308.qm@web57409.mail.re1.yahoo.com> Content-Type: text/plain; charset=ISO-8859-1; format=flowed Content-Transfer-Encoding: 7bit Sender: linux-kernel-owner@vger.kernel.org List-ID: X-Mailing-List: linux-kernel@vger.kernel.org Stan Cunningham wrote: > Hi, > > SplashTop is an extension of BIOS that runs on the Linux kernel and has been > distributed by ASUS on certain high-end motherboards and laptops since > October, 2007. In May 2008, ASUS announced that it will ship SplashTop on > *ALL* its motherboards. The problem is that ever since SplashTop's inception > ASUS has been infringing on the copyright of Linux kernel contributors. > > SplashTop's so-called source code > (http://www.splashtop.com/download3.php?token=1bfb156d0cd5fef5df4a43ad2b46a531) > contains a few patches to the Linux kernel but not the whole, compilable > modified kernel source code as the GPL requires. This clearly constitutes a > copyright violation. > > I haven't bought any of the motherboards or laptops containing SplashTop, but > ASUS may have left out the obligatory notice on boxes and/or manuals > informing the recipients that the product contains GPL code and where that > source code can be obtained. If they indeed left out the notice, that > constitutes another violation of the GPL and consequently of copyright law. > > Another product that likely violates the GPL is Hyperspace, which is marketed > by the infamous proprietary PC BIOS maker Phoenix. Even though Hyperspace > clearly runs Linux and has been reported to do so in the press, Phoenix > doesn't even mention the word Linux or the GPL on its website > (http://www.phoenix.com/en/Products/Browse+by+Products/Phoenix+HyperSpace/default.htm), > and certainly doesn't provide any source code. I am not sure what > motherboards Hyperspace is distributed on, but I would expect that they also > fail to mention Linux, the GPL and the availability of source code. This > again violates the GPL and the copyrights of Linux kernel contributors like > yourselves. > > I urge you to uphold your copyrights and protect the rights of Free Software > users by making unscrupulous companies like ASUS and Phoenix respect the > conditions set out by the GPL and give back their improvements in the form of > source code. And if they refuse, sue them in court! Some of the improvements > to Linux that they try to illegally keep secret would really help distros in > areas such as hardware support and extremely quick boot time. > > Thanks, Stan Out of curiosity, have you tried asking them nicely? ASUS seems to be pretty responsive when oversights like this are pointed out to them. Of course, if you start with a lawsuit threat you're inclined to hit the slow path (legal) rather than the fast path (support/community relations). I have no idea how responsive Phoenix is to issues like this, but a friendly request goes over much better than a shot across the bow. -- Chris