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Bradley M. Kuhn 2020-10-01 10:51:08 -07:00
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www/conservancy/static/copyleft-compliance/enforcement-strategy.html
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software, and defending free software with practical initiatives.
Conservancy accomplishes these goals with various initiatives, including
defending and upholding the rights of software users and consumers under
copyleft licenses, such as the GPL.</p>
copyleft licenses, such as the <acronym title="General Public License">GPL</acronym>.</p>
<h2 id="brief-history-of-user-focused-gpl-enforcement">Brief History of
User-Focused GPL Enforcement</h2>
@ -33,28 +33,28 @@
project) and Harald Welte (major contributor to Linux’s netfilter
subsystem) — to enforce the
GPL. <a href="https://sfconservancy.org/about/staff/#bkuhn">Bradley
M. Kuhn</a>, who is now Conservancy’s Policy Analyst and
M. Kuhn</a>, who is now Conservancy’s Policy Fellow and
Hacker-in-Residence, led and coordinated that coalition (when he was
Executive Director of the FSF). By early 2004, this coalition, through the
Executive Director of the <acronym title="Free Software Foundation">FSF</acronym>). By early 2004, this coalition, through the
process of GPL enforcement, compelled Linksys to release an
almost-GPL-compliant source release for the
WRT54G. A <a href="https://openwrt.org/about/history">group of volunteers
quickly built a new project, called OpenWRT</a> based on that source
release. In the years that have followed, OpenWRT has been ported to almost
quickly built a new project, called OpenWrt</a> based on that source
release. In the years that have followed, OpenWrt has been ported to almost
every major wireless router product. Now, more than 15 years later, the
OpenWRT project routinely utilizes GPL source releases to build, improve
and port OpenWRT. The project has also joined coalitions to fight the FCC
OpenWrt project routinely utilizes GPL source releases to build, improve
and port OpenWrt. The project has also joined coalitions to fight the FCC
to ensure that consumers have and deserve rights to install modified
firmwares on their devices and that such hobbyist improvements are no
threat to spectrum regulation.</p>
<p>Recently, OpenWRT decided to join Conservancy as one its member projects,
<p>Recently, <a href="https://sfconservancy.org/news/2020/sep/10/openwrt-joins/">OpenWrt joined Conservancy as one its member projects</a>,
and Conservancy has committed to long-term assistance to this project.</p>
<p>OpenWRT has spurred companies to create better routers and other wireless
devices than they would otherwise have designed because they now need to
either compete with hobbyists, or (better still) cooperate with them to
create hardware that fully supports OpenWRT’s features and improvements
<p>OpenWrt has spurred companies to create better routers and other wireless
devices than such companies would otherwise have designed because they now need to
either compete with hobbyists, or (better still) cooperate with those hobbyists to
create hardware that fully supports OpenWrt’s features and improvements
(such as dealing
with <a href="https://openwrt.org/docs/guide-user/network/traffic-shaping/sqm">the
dreaded “bufferbloat” bugs</a>). This interplay between the hobbyist
@ -63,23 +63,23 @@
modify the software on their devices, the hobbyist community
shrinks. Without intervention to ensure companies respect the hobbyist
community, hobbyists are limited by the oft-arbitrary manufacturer-imposed
restraints in the OEM firmware. OpenWRT saved the wireless router market
restraints in the OEM firmware. OpenWrt saved the wireless router market
from this disaster; we seek to help other embedded electronic subindustries
avoid that fate. The authors of GPL’d software chose that license so its
source is usable and readily available to hobbyists. It is our duty, as
activists for the software freedom of hobbyists, to ensure these legally
mandated rights are never curtailed.</p>
<p>(More on the OpenWRT project’s history and its connection to GPL
<p>(More on the OpenWrt project’s history and its connection to GPL
enforcement can be found
in <a href="https://www.youtube.com/watch?v=r4lCMx-EI1s">Kuhn’s talk
at <em>OpenWRT Summit 2016</em></a>.)</p>
at <em>OpenWrt Summit 2016</em></a>.)</p>
<p>Conservancy has had substantial success in leveraging more device freedom
in other subindustries through GPL compliance. In 2009, Conservancy, with
co-Plaintiff Erik Andersen, sued fourteen defendants in federal court under
copyright claims on behalf of its BusyBox member project. Conservancy was
able to achieve compliance for the BusyBox project in all fourteen
copyright claims on behalf of its BusyBox member project. Conservancy
achieved compliance for the BusyBox project in all fourteen
cases. Most notably, the GPL-compliant source release obtained in the
lawsuit for certain Samsung televisions provided the basis for
the <a href="https://www.samygo.tv/">SamyGo project</a> — an alternative
@ -91,7 +91,7 @@
his <a href="https://gpl-violations.org/">gpl-violations.org
project</a>. Harald successfully sued many companies (mostly in the
wireless router industry) in Germany to achieve compliance and yield source
releases that helped OpenWRT during that period.</p>
releases that helped OpenWrt during that period.</p>
<h2 id="importance-of-linux-enforcement-specifically">Importance of Linux Enforcement Specifically</h2>
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collection</a>.</p>
<p>There is one overarching irony to this growing dystopia: nearly all these
devices are based primarily on software licensed under the GPL: most
devices are based primarily on GPL'd software: most
notably, Linux. While Linux-based systems do allow proprietary user-space
applications not licensed under GPL, the kernel and many other system
applications (i.e., not licensed under GPL), the kernel and many other system
utilities routinely used in embedded systems, such as Conservancy’s BusyBox
project, are under that license (or similar copyleft licenses such as the
LGPL). These licenses require device makers to provide complete,
@ -128,7 +128,7 @@
that source code must also include “the scripts used to control compilation
and installation of the executable”. In short, the consumers must receive
all the source code and the ability to modify, recompile and reinstall that
software. Upholding of this core freedom for Linux made OpenWRT
software. Upholding of this core freedom for Linux made OpenWrt
possible. We work to preserve (or, more often, restore) that software
freedom for consumers of other types of electronic devices.</p>
@ -137,15 +137,15 @@
predatory behavior perpetuated by the manufacturers of these devices by
modifying and replacing the software. Hobbyists can aid their community by
providing these alternatives. People with no technical background already
replace firmware on their wireless routers with OpenWRT to both improve
replace firmware on their wireless routers with OpenWrt to both improve
network performance and allay privacy concerns. Furthermore, older
equipment is often saved from planned obsolescence by alternative
solutions. E-recyclers
like <a href="https://www.freegeek.org/">Freegeek</a> do this regularly for
desktop and laptop machines with GNU/Linux distributions like Debian, and
with OpenWRT for wireless routers. We seek to ensure they can do this for
with OpenWrt for wireless routers. We seek to ensure they can do this for
other types of electronic products. However, without the complete,
corresponding source code, including the scripts to control its compilation and
corresponding source code (CCS), including the scripts to control its compilation and
installation, the fundamental purpose of copyleft is frustrated. Consumers,
hobbyists, non-profit e-recyclers and the general public are left without
the necessary tools they need and deserve, and which the license promises
@ -277,9 +277,9 @@
<h3 id="alternative-firmware-project">Alternative Firmware Project</h3>
<p>The success of the OpenWRT project, born from GPL enforcement, has an
<p>The success of the OpenWrt project, born from GPL enforcement, has an
important component. While we’ve long hoped that volunteers, as they did
with OpenWRT and SamyGo, will take up compliant sources obtained in our GPL
with OpenWrt and SamyGo, will take up compliant sources obtained in our GPL
enforcement efforts and build alternative firmware projects, history shows
us that the creation of such projects is not guaranteed and exceedingly
rare.</p>