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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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											2021-10-19 08:34:20 -07:00 
										
									 
								 
							 
							
								
									
										 
								
							 
							
								 
							
							
								< h1 > Previous Copyleft Litigation< / h1 >  
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								< 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 > 
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								< 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 > 
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								< 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 > 
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								< 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 > 
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								< h2  id = "vmware" > Christoph Hellwig's VMware Lawsuit< / h2 >  
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								< 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 >  
						 
					
						
							
								
									
										
										
										
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								< h2  id = "avm" > Sebastian Steck's AVM Lawsuit< / h2 >  
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								< p > This SFC-funded user rights lawsuit was filed by Sebastian Steck in Berlin in 2023 and received a positive final decision from the court in June 2024 with AVM providing "the scripts used to control ... installation of the executable" for the LGPLv2.1 works in the AVM router that Steck purchased.  More details are available in our press release and informational page, which provides the source code that was received from AVM allowing users to modify and reinstall copylefted works into the router's flash memory:< / p >  
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								< p >  
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								  < ul > 
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								    < li > < a  href = "/news/2025/jan/09/avm-copyleft-lawsuit-resolved-with-install/" > SFC-funded lawsuit gets software repair and reinstall for users of AVM routers< / a > < / li > 
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								    < li > < a  href = "/copyleft-compliance/avm.html" > Court documents and source code of successful SFC-funded lawsuit in Germany against AVM< / a > < / li > 
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								  < / ul > 
							 
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								< / p >  
						 
					
						
							
								
							 
							
								
							 
							
								 
							
							
								
							 
						 
					
						
							
								
									
										
										
										
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