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										 |  |  | {% extends "base_compliance.html" %} | 
					
						
							|  |  |  | {% block subtitle %}Copyleft Compliance Projects - {% endblock %} | 
					
						
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										 |  |  | {% block submenuselection %}PastLawsuits{% endblock %} | 
					
						
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										 |  |  | {% block content %} | 
					
						
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										 |  |  | <h1>Previous Copyleft Litigation</h1> | 
					
						
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 | 
					
						
							|  |  |  | <p>Pursuant to our <a href="/copyleft-compliance/principles.html">Principles of | 
					
						
							|  |  |  |   Community-Oriented GPL enforcement</a>, Software Freedom Conservancy sees | 
					
						
							|  |  |  |   litigation as an last resort when other methods to achieve copyleft | 
					
						
							|  |  |  |   compliance fail.  Below, we discuss the outcome of past compliance | 
					
						
							|  |  |  |   lawsuits where Conservancy played a role.</p> | 
					
						
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 | 
					
						
							|  |  |  | <h2 id="best-buy-et-al">Software Freedom Conservancy v. Best Buy, et al</h2> | 
					
						
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 | 
					
						
							|  |  |  | <p>On 14 December 2009, Software Freedom Conservancy filed a federal copyright | 
					
						
							|  |  |  | lawsuit against 14 defendants, including Best Buy, Samsung, Westinghouse, and | 
					
						
							|  |  |  | JVC. | 
					
						
							|  |  |  | The <a href="https://ia600207.us.archive.org/21/items/gov.uscourts.nysd.355978/gov.uscourts.nysd.355978.docket.html">docket | 
					
						
							|  |  |  | of that lawsuit is available (on archive.org)</a> and | 
					
						
							|  |  |  | the <a href="/docs/busybox-complaint-2009-12-14.pdf">original complaint is on | 
					
						
							|  |  |  |     our website</a>.</p> | 
					
						
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 | 
					
						
							|  |  |  | <p>Conservancy settled with each defendant at different times, and the | 
					
						
							|  |  |  |   dismissals can be seen in the docket.  Generally speaking, and pursuant to | 
					
						
							|  |  |  |   our <a href="/copyleft-compliance/principles.html">Principles of | 
					
						
							|  |  |  |   Community-Oriented GPL enforcement</a>, Conservancy never settles a lawsuit | 
					
						
							|  |  |  |   unless we believe that full compliance has been achieved (or will be | 
					
						
							|  |  |  |   achieved imminently) with the terms of <em>all</em> copyleft licenses | 
					
						
							|  |  |  |   on <em>all</em> software included in the devices at issue in any lawsuit | 
					
						
							|  |  |  |   that we've filed.</p> | 
					
						
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 | 
					
						
							|  |  |  | <p>One oft-stated confusion about this litigation was that we sued Best Buy | 
					
						
							|  |  |  |   for sales of third-party devices in their stores.  <strong>That is not | 
					
						
							|  |  |  |   accurate</strong>.  Best Buy had a house-brand DVD player under the | 
					
						
							|  |  |  |   “Insignia” “house brand” that they produced as | 
					
						
							|  |  |  |   their own product.</p> | 
					
						
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 | 
					
						
							|  |  |  | <h2 id="vmware">Christoph Hellwig's VMware Lawsuit</h2> | 
					
						
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 | 
					
						
							|  |  |  | <p>Conservancy partially funded and assisted in coordination of Christoph | 
					
						
							|  |  |  |   Hellwig's lawsuit against VMware in Germany.  That case concluded in 2019. | 
					
						
							|  |  |  |   You can view the relevant announcements and analysis that Conservancy has | 
					
						
							|  |  |  |   published about the case below, starting with the announcement regarding | 
					
						
							|  |  |  |   the conclusion of the case:</p> | 
					
						
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 | 
					
						
							|  |  |  | <p> | 
					
						
							|  |  |  |   <ul> | 
					
						
							|  |  |  |     <li><a href="/news/2019/apr/02/vmware-no-appeal/">VMware Suit Concludes in Germany</a></li> | 
					
						
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										 |  |  |     <li><a href="http://faif.us/cast/2019/apr/22/0x66/"><cite>Free as in | 
					
						
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										 |  |  |     Freedom</cite> podcast that discusses the conclusion of the | 
					
						
							|  |  |  |     lawsuit</a></li> | 
					
						
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										 |  |  |     <li><a href="/news/2016/aug/09/vmware-appeal/">Announcement of Appeal</a></li> | 
					
						
							|  |  |  |     <li><a href="/news/2015/mar/05/vmware-lawsuit/">Original Press Release</a></li> | 
					
						
							|  |  |  |     <li><a href="/copyleft-compliance/vmware-lawsuit-appeal.html">Funding our Compliance Work</a></li> | 
					
						
							|  |  |  |     <li><a href="/copyleft-compliance/vmware-lawsuit-faq.html"> | 
					
						
							|  |  |  |       <abbr title="Frequently Asked Questions">FAQ</abbr> on VMware Lawsuit</a></li> | 
					
						
							|  |  |  |     <li><a href="/copyleft-compliance/vmware-code-similarity.html">VMware's & | 
					
						
							|  |  |  |       Christoph's Code Similarity Analysis</a></li> | 
					
						
							|  |  |  |   </ul> | 
					
						
							|  |  |  | </p> | 
					
						
							|  |  |  | {% endblock %} |