Copyleft Compliance: Minor rewrite of strategy & firmware liberation
This rewrite should improve the stand-alone nature of these documents and allow for better integration with other summary text and announcements on the website. Note that they have now drifted heavily from the original formulation of the items as grant proposals.
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<h1 id="software-freedom-conservancy-proposal-for-gpl-enforcement-grant">History and Future Strategy</h1>
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<h1 id="software-freedom-conservancy-proposal-for-gpl-enforcement-grant">History and Future Strategy</h1>
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<p>The Software Freedom Conservancy is a 501(c)(3) non-profit charity
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<p>As existing donors and supporters know, the Software Freedom Conservancy
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registered in New York. Founded in 2006, Conservancy helps people take control
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is a 501(c)(3) non-profit charity registered in New York, and Conservancy
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of their computing by growing the software freedom movement, supporting
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helps people take control of their computing by growing the software
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community-driven alternatives to proprietary software, and defending free
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freedom movement, supporting community-driven alternatives to proprietary
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software with practical initiatives. Conservancy accomplishes these goals
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software, and defending free software with practical initiatives.
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with various initiatives including fiscal sponsorship, licensing and project
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Conservancy accomplishes these goals with various initiatives, including
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governance policy, and public advocacy. Some of Conservancy's most important
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defending and upholding the rights of software users and consumers under
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licensing policy work involves defending and upholding the rights of
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copyleft licenses, such as the GPL.</p>
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software users and consumers under copyleft licenses, such as the GPL.</p>
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<h2 id="brief-history-of-user-focused-gpl-enforcement">Brief History of
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<h2 id="brief-history-of-user-focused-gpl-enforcement">Brief History of
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User-Focused GPL Enforcement</h2>
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User-Focused GPL Enforcement</h2>
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2003, <a href="https://hardware.slashdot.org/story/03/06/08/1749217/is-linksys-violating-the-GPL">the
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2003, <a href="https://hardware.slashdot.org/story/03/06/08/1749217/is-linksys-violating-the-GPL">the
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general public knew that Linksys (a division of Cisco) was violating the
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general public knew that Linksys (a division of Cisco) was violating the
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GPL</a> on their WRT54G model wireless routers. Hobbyists discovered
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GPL</a> on their WRT54G model wireless routers. Hobbyists discovered
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(rather easily) that Linux, BusyBox and many GNU programs were included in
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(rather easily) that Linux and BusyBox were included in the router, but
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the router, but Linksys and Cisco had failed to provide source code or any
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Linksys and Cisco had failed to provide source code or any offer for source
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offer for source code to its customers.</p>
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code to its customers.</p>
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<p>A coalition formed made up of organizations and individuals — including
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<p>A coalition formed made up of organizations and individuals — including
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Erik Andersen (major contributor to and former leader of the BusyBox
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Erik Andersen (major contributor to and former leader of the BusyBox
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subsystem) — to enforce the
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subsystem) — to enforce the
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GPL. <a href="https://sfconservancy.org/about/staff/#bkuhn">Bradley
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GPL. <a href="https://sfconservancy.org/about/staff/#bkuhn">Bradley
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M. Kuhn</a>, who is now Conservancy’s Policy Analyst and
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M. Kuhn</a>, who is now Conservancy’s Policy Analyst and
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Hacker-in-Residence, led and coordinated that coalition when he was
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Hacker-in-Residence, led and coordinated that coalition (when he was
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Executive Director of the FSF. By early 2004, this coalition, through the
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Executive Director of the FSF). By early 2004, this coalition, through the
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process of GPL enforcement, compelled Linksys to release an
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process of GPL enforcement, compelled Linksys to release an
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almost-GPL-compliant source release for the
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almost-GPL-compliant source release for the
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WRT54G. A <a href="https://openwrt.org/about/history">group of volunteers
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WRT54G. A <a href="https://openwrt.org/about/history">group of volunteers
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community and for-profit ventures promotes innovation in
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community and for-profit ventures promotes innovation in
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technology. Without both permission <em>and</em> the ability to build and
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technology. Without both permission <em>and</em> the ability to build and
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modify the software on their devices, the hobbyist community
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modify the software on their devices, the hobbyist community
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shrinks. Eventually, instead of encouraging people to experiment with their
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shrinks. Without intervention to assure companies respect the hobbyist
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devices, hobbyists are limited by the oft-arbitrary manufacturer-imposed
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community, hobbyists are limited by the oft-arbitrary manufacturer-imposed
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restraints in the OEM firmware. OpenWRT saved the wireless router market
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restraints in the OEM firmware. OpenWRT saved the wireless router market
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from this disaster; we seek to help other embedded electronic subindustries
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from this disaster; we seek to help other embedded electronic subindustries
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avoid that fate. The authors of GPL’d software chose that license so its
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avoid that fate. The authors of GPL’d software chose that license so its
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firmware that works on that era of Samsung televisions and allows consumers
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firmware that works on that era of Samsung televisions and allows consumers
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to modify and upgrade their firmware using FOSS.</p>
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to modify and upgrade their firmware using FOSS.</p>
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<p>Harald Welte also continued his efforts during the early and mid-2000s
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<p>Harald Welte also continued his efforts during the early and mid-2000s,
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after the Linksys enforcement through
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after the Linksys enforcement, through
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his <a href="https://gpl-violations.org/">gpl-violations.org
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his <a href="https://gpl-violations.org/">gpl-violations.org
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project</a>. Harald successfully sued many companies (mostly in the
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project</a>. Harald successfully sued many companies (mostly in the
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wireless router industry) in Germany to achieve compliance and yield source
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wireless router industry) in Germany to achieve compliance and yield source
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<h2 id="importance-of-linux-enforcement-specifically">Importance of Linux Enforcement Specifically</h2>
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<h2 id="importance-of-linux-enforcement-specifically">Importance of Linux Enforcement Specifically</h2>
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<p>In recent years, embedded systems technology has expanded beyond wireless
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<p>In recent years, embedded systems technology has expanded beyond wireless
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routers to so-called “Internet of Things” devices designed for connectivity
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routers to so-called “Internet of Things” (IoT) devices designed for
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with other devices in the home and to the “Cloud”. Consumer electronics
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connectivity with other devices in the home and to the “Cloud”. Consumer
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companies now feature and differentiate products based on Internet
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electronics companies now feature and differentiate products based on
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connectivity, and related services. Conservancy has seen Linux-based
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Internet connectivity and related services. Conservancy has seen
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firmwares on refrigerators, baby monitors, virtual assistants, soundbars,
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Linux-based firmwares on refrigerators, baby monitors, virtual assistants,
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doorbells, home security cameras, police body cameras, cars, AV receivers,
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soundbars, doorbells, home security cameras, police body cameras, cars, AV
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and televisions.</p>
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receivers, and televisions.</p>
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<p>This wide deployment of general purpose computers into mundane household
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<p>This wide deployment of general purpose computers into
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devices raises profound privacy and consumer rights
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mundane household devices raises profound privacy and consumer rights
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implications. <a href="https://www.nytimes.com/2019/12/15/us/Hacked-ring-home-security-cameras.html">Home</a> <a href="https://www.washingtonpost.com/technology/2019/01/23/family-says-hacked-nest-camera-warned-them-north-korean-missile-attack/">security</a> <a href="https://www.npr.org/sections/thetwo-way/2018/06/05/617196788/s-c-mom-says-baby-monitor-was-hacked-experts-say-many-devices-are-vulnerable">cameras</a> <a href="https://www.cnn.com/2019/12/12/tech/ring-security-camera-hacker-harassed-girl-trnd/index.html">are</a> <a href="https://abc7.com/baby-monitor-hack-leads-to-kidnap-scare/4931822/">routinely</a> <a href="https://www.bbc.com/news/av/uk-44117337/security-footage-viewed-by-thousands">compromised</a>
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implications. <a href="https://www.nytimes.com/2019/12/15/us/Hacked-ring-home-security-cameras.html">Home</a> <a href="https://www.washingtonpost.com/technology/2019/01/23/family-says-hacked-nest-camera-warned-them-north-korean-missile-attack/">security</a> <a href="https://www.npr.org/sections/thetwo-way/2018/06/05/617196788/s-c-mom-says-baby-monitor-was-hacked-experts-say-many-devices-are-vulnerable">cameras</a> <a href="https://www.cnn.com/2019/12/12/tech/ring-security-camera-hacker-harassed-girl-trnd/index.html">are</a> <a href="https://abc7.com/baby-monitor-hack-leads-to-kidnap-scare/4931822/">routinely</a> <a href="https://www.bbc.com/news/av/uk-44117337/security-footage-viewed-by-thousands">compromised</a>
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— invading the privacy and security of individual homes. Even when
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— invading the privacy and security of individual homes. Even when
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companies succeed in keeping out third parties, consumers
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companies succeed in keeping out third parties, consumers
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examine, modify and experiment with software in their own devices. Those
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examine, modify and experiment with software in their own devices. Those
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hobbyists became the professional embedded device developers of today!
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hobbyists became the professional embedded device developers of today!
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Theoretically, the advent of the “Internet of Things” — with its many
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Theoretically, the advent of the “Internet of Things” — with its many
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devices that run Linux — should give opportunities for young hobbyists to
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devices that run Linux — <em>should</em> give opportunities for young
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quickly explore and improve the devices they depend on in their every day
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hobbyists to quickly explore and improve the devices they depend on in
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lives. Yet, that’s rarely possible in reality. To ensure that both current
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their every day lives. Yet, that’s rarely possible in reality. To ensure
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and future hobbyists can practically modify their Linux-based devices, we
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that both current and future hobbyists can practically modify their
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must enforce Linux’s license. With public awareness that their devices can
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Linux-based devices, we must enforce Linux’s license. With public awareness
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be improved, the desire for learning will increase, and will embolden the
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that their devices can be improved, the desire for learning will increase,
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curiosity of newcomers of all ages and backgrounds. The practical benefits
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and will embolden the curiosity of newcomers of all ages and
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of this virtuous cycle are immediately apparent. With technological
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backgrounds. The practical benefits of this virtuous cycle are immediately
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experimentation, people are encouraged to try new things, learn how their
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apparent. With technological experimentation, people are encouraged to try
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devices work, and perhaps create whole new types of devices and
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new things, learn how their devices work, and perhaps create whole new
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technologies that no one has even dreamed of before.</p>
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types of devices and technologies that no one has even dreamed of
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before.</p>
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<p>“Internet of Things” firmware should never rely on one vendor — even the
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<p>IoT firmware should never rely on one vendor — even the vendor of the
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vendor of the hardware itself. This centralized approach is brittle and
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hardware itself. This centralized approach is brittle and inevitably leads
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inevitably leads to invasions of the public’s privacy and loss of control of their
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to invasions of the public’s privacy and loss of control of their
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technology. Conservancy’s GPL enforcement work is part of the puzzle that
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technology. Conservancy’s GPL enforcement work is part of the puzzle that
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ensures users can choose who their devices connect to, and how they
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ensures users can choose who their devices connect to, and how they
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connect. Everyone deserves control over their own computing — from their
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connect. Everyone deserves control over their own computing — from their
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goodwill. After the BusyBox lawsuit settled, we observed a slow move toward
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goodwill. After the BusyBox lawsuit settled, we observed a slow move toward
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intentional non-compliance throughout the embedded electronics
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intentional non-compliance throughout the embedded electronics
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industry. Companies use delay and “hardball” pre-litigation tactics to
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industry. Companies use delay and “hardball” pre-litigation tactics to
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drain the limited resources available for enforcement, which we faced for
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drain the limited resources available for enforcement, which we faced (for
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example
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example) in <a href="/copyleft-compliance/vmware-lawsuit-links.html">the
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in <a href="https://sfconservancy.org/copyleft-compliance/vmware-lawsuit-links.html">the
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VMware violation</a>. While VMware ultimately complied with the GPL, they
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VMware violation</a>. While VMware ultimately complied with the GPL, they
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did so by reengineering the product and removing Linux from it — and only
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did so by reengineering the product and removing Linux from it — and only
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after the product was nearing end-of-life.</p>
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after the product was nearing end-of-life.</p>
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<p>Conservancy has recently completed an evaluation of the industry’s use of
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<p>Conservancy has recently completed an evaluation of the industry’s use of
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Linux in embedded products. Our findings are disheartening and require
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Linux in embedded products. Our findings are disheartening and require
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action. Across the entire industry, most major manufacturers almost flaunt
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action. Across the entire industry, most major manufacturers almost flaunt
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their failure to comply with the GPL. In our private negotiations, pursuant
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their failure to comply with the GPL. In our private negotiations,
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to
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pursuant to
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our <a href="https://sfconservancy.org/copyleft-compliance/principles.html">Principles
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our <a href="/copyleft-compliance/principles.html">Principles
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of Community-Oriented GPL Enforcement</a>, GPL violators stall, avoid,
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of Community-Oriented GPL Enforcement</a>, GPL violators stall, avoid,
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delay and generally refuse to comply with the GPL. Their disdain for the
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delay and generally refuse to comply with the GPL. Their disdain for the
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rights of their customers is often palpable. Their attitude is almost
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rights of their customers is often palpable. Their attitude is almost
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universal: “if you think we’re really violating the GPL, then go ahead and
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universal: <q>if you think we’re really violating the GPL, then go ahead and
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sue us. Otherwise, you’re our lowest priority.”</p>
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sue us. Otherwise, you’re our lowest priority</q>.</p>
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<h2 id="conservancys-plan-for-action">Conservancy’s Plan For Action</h2>
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<h2 id="conservancys-plan-for-action">Conservancy’s Plan For Action</h2>
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<p>Conservancy, after years of analyzing its successes and failures of
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<p>Conservancy, after years of analyzing its successes and failures of
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previous GPL compliance litigation, has developed — in conjunction with
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previous GPL compliance litigation, has developed — in conjunction with
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litigation counsel over the last year — new approaches to litigation
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litigation counsel over the last year — new approaches to litigation
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strategy. We believe this will bring to fruition the promise of copyleft: a
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strategy. We believe this will bring to fruition the promise of copyleft:
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license that assures the rights and software freedoms of hobbyists who seek
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a license that assures the rights and software freedoms of hobbyists who
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full control and modifiability of devices they own. With the benefit of
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seek full control and modifiability of devices they own. With the benefit
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this grant, Conservancy plans to accelerate these plans in 2020 and to keep
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of this grant, Conservancy plans to accelerate these plans in 2020 and to
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the public informed at every stage of the process.</p>
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keep the public informed at every stage of the process.</p>
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<h3 id="persistent-non-litigation-enforcement">Persistent Non-Litigation Enforcement</h3>
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<h3 id="persistent-non-litigation-enforcement">Persistent Non-Litigation Enforcement</h3>
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<p>While we will seek damages to cover our reasonable costs of this work, we
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<p>While we will seek damages to cover our reasonable costs of this work, we
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do not expect that any recovery in litigation can fully fund the broad base
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do not expect that any recovery in litigation can fully fund the broad base
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of work necessary to ensure compliance and the software freedom it
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of work necessary to ensure compliance and the software freedom it brings.
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brings. Conservancy is the primary charitable watchdog of
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Conservancy is the primary charitable watchdog of GPL compliance for
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GPL compliance for Linux-based devices. We seek to use litigation as a tool
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Linux-based devices. We seek to use litigation as a tool in a broader
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in a broader course of action to continue our work in this regard. We
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course of action to continue our work in this regard. We expect and
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expect and welcome that the high profile nature of litigation will inspire
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welcome that the high profile nature of litigation will inspire more device
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more device owners to report violations to us. We expect we’ll learn about
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owners to report violations to us. We expect we’ll learn about classes of
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classes of devices we previously had no idea contained Linux, and we’ll
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devices we previously had no idea contained Linux, and we’ll begin our
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begin our diligent and unrelenting work to achieve software freedom for the
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diligent and unrelenting work to achieve software freedom for the owners of
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owners of those devices. We will also build more partnerships across the
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those devices. We will also build more partnerships across the technology
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technology sector and consumer rights organizations to highlight the
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sector and consumer rights organizations to highlight the benefit of
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benefit of copyleft to not just hobbyists, but the entire general
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copyleft to not just hobbyists, but the entire general public.</p>
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public.</p>
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<h3 id="alternative-firmware-project">Alternative Firmware Project</h3>
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<h3 id="alternative-firmware-project">Alternative Firmware Project</h3>
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