Copyleft Compliance — Vizio — initial announcement
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www/conservancy/static/copyleft-compliance/vizio.html
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www/conservancy/static/copyleft-compliance/vizio.html
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{% extends "base_compliance.html" %}
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{% block subtitle %}Copyleft Compliance Projects - {% endblock %}
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{% block submenuselection %}Vizio{% endblock %}
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{% block content %}
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<h1>Software Freedom Conservancy files lawsuit against California TV manufacturer Vizio Inc. for GPL violations</h1>
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<h2>Litigation is historic in nature due to its focus on consumer rights, filing as third-party beneficiary</h2>
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<p><strong>FOR IMMEDIATE RELEASE</strong></p>
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<p>IRVINE, Calif. (Oct. 19, 2021) Software Freedom Conservancy announced today
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it has filed a lawsuit against Vizio Inc. for what it calls repeated failures
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to fulfill even the basic requirements of the General Public License (GPL).</p>
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<p>The lawsuit alleges that Vizio’s TV products, built on its SmartCast system,
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contain software that Vizio unfairly appropriated from a community of
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developers who intended consumers to have very specific rights to modify,
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improve, share, and reinstall modified versions of the software.</p>
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<p>The GPL is a copyleft license that ensures end users the freedom to run,
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study, share, and modify the software. Copyleft is a kind of software
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licensing that leverages the restrictions of copyright, but with the intent
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to promote sharing (using copyright licensing to freely use and repair
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software).</p>
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<p>Software Freedom Conservancy, a nonprofit organization focused on ethical
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technology, is filing the lawsuit as the purchaser of a product which has
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copylefted code. This approach makes it the first legal case that focuses on
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the rights of individual consumers as third-party beneficiaries of the GPL.
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<p>“That’s what makes this litigation unique and historic in terms of
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defending consumer rights,” says Karen M. Sandler, the organization’s
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executive director.</p>
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<p>According to the lawsuit, a consumer of a product such as this has the
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right to access the source code so that it can be modified, studied, and
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redistributed (under the appropriate license conditions).</p>
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<p>“We are asking the court to require Vizio to make good on its
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obligations under copyleft compliance requirements,” says
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Sandler. She explains that in past litigation, the plaintiffs have always
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been copyright holders of the specific GPL code. In this case, Software
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Freedom Conservancy hopes to demonstrate that it's not just the copyright
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holders, but also the receivers of the licensed code who are entitled to
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rights.</p>
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<p>The lawsuit suit seeks no monetary damages, but instead seeks access to
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the technical information that the copyleft licenses require Vizio to provide
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to all customers who purchase its TVs (specifically, the plaintiff is asking
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for the technical information via “specific performance” rather
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than “damages”).</p>
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<p>“Software Freedom Conservancy is standing up for customers who are
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alienated and exploited by the technology on which they increasingly
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rely,” says Sandler, adding that the lawsuit also aims to help
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educate consumers about their right to repair their devices as well as show
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policy makers that there are mechanisms for corporate accountability
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already in place that can be leveraged through purchasing power and
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collective action.</p>
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<p>Copyleft licensing was designed as an ideological alternative to the
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classic corporate software model because it: allows people who receive the
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software to fix their devices, improve them and control them; entitles people
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to curtail surveillance and ads; and helps people continue to use their
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devices for a much longer time (instead of being forced to purchase new
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ones).</p>
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<p>“The global supply chain shortages that have affected everything
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from cars to consumer electronics underscore one of the reasons why it is
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important to be able to repair products we already own,” says
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Sandler. “Even without supply chain challenges, the forced obsolescence
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of devices like TVs isn’t in the best interest of the consumer or even the
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planet. This is another aspect of what we mean by ‘ethical
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technology.’ Throwing away a TV because its software is no longer
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supported by its manufacturer is not only wasteful, it has dire environmental
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consequences. Consumers should have more control over this, and they would if
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companies like Vizio played by the rules.“</p>
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<p>According to Sandler, the organization first raised the issue of
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non-compliance with the GPL with Vizio in August 2018. After a year of
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diplomatic attempts to work with the company, it was not only still refusing
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to comply, but stopped responding to inquiries altogether as of January 2020.</p>
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<p>“By July 2021, the TV model that we originally complained was
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non-compliant was discontinued,” says Sandler. “When we purchased new models,
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we found that despite our efforts they still had no source code included with
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the device, nor any offer for source code. People buying these models would
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never know that there was anything special about the software in these
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devices, or that they had any rights whatsoever connected with the software
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on their TVs.”</p>
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<p>Software Freedom Conservancy analyzed the TVs and concluded that not only
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was Vizio not providing the source code and technical information that
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copyleft licenses require, Vizio was not even informing its customers about
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copylefted software and the rights it gives them as consumers.</p>
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<h3>ABOUT SOFTWARE FREEDOM CONSERVANCY</h3>
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<p>Software Freedom Conservancy is a nonprofit organization centered around
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ethical technology. Our mission is to ensure the right to repair, improve,
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and reinstall software. We promote and defend these rights through fostering
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free and open source software (FOSS) projects, driving initiatives that
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actively make technology more inclusive, and advancing policy strategies that
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defend FOSS (such as copyleft). The organization is incorporated in New
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York. For more information, go
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to <a href="https://sfconservancy.org">sfconservancy.org</a>.</p>
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<h3>SUPPLEMENTAL RESOURCES FOR JOURNALISTS</h3>
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<p><a href="https://sfconservancy.org/docs/software-freedom-conservancy-v-vizio-announce-press-kit.pdf">A
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full press kit, with substantial additional information and resources for
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journalists covering this story, can be viewed and downloaded here</a>.
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<h3>MEDIA CONTACT</h3>
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<p>Hannah Gregory, Media Rep for Good Causes<br/>
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<a href="mailto:media@sfconservancy.org">“media@sfconservancy.org”</a></p>
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{% endblock %}
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@ -376,6 +376,7 @@ body > header {
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#container #sidebar.Services ul li.Services,
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#container #sidebar.Applying ul li.Applying,
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#container #sidebar.PastLawsuits ul li.PastLawsuits,
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#container #sidebar.Vizio ul li.Vizio,
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#container #sidebar.CopyleftPrinciples ul li.CopyleftPrinciples,
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#container #sidebar.AboutCompliance ul li.AboutCompliance,
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#container #sidebar.HelpComply ul li.HelpComply,
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@ -13,7 +13,18 @@
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<div id="sidebar" class="{% block submenuselection %}other{% endblock %}">
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<h2>What We Do</h2>
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{% include 'submenus/what_we_do_partial.html' %}
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<h2>Our Copyleft {% block category %}Compliance{% endblock %} Projects</h2>
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<h2>Vizio Lawsuit</h2>
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<ul>
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<li class="Vizio"><a href="/copyleft-compliance/vizio.html">Vizio Lawsuit</a></li>
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<li class="Vizio"><a href="/press/qanda.html">Q&A</a></li>
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</ul>
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<h2>Resources for Journalists On Vizio</h2>
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<ul>
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<li class="PressKit"><a href="/docs/software-freedom-conservancy-v-vizio-announce-press-kit.pdf">Press Kit</a></li>
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<li class="PressKit"><a href="/docs/software-freedom-conservancy-v-vizio-photo-assets.zip">Photo Assets</a></li>
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<li class="Glossary"><a href="/copyleft-compliance/glossary.html">Glossary</a></li>
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</ul>
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<h2>More About Copyleft Compliance…</h2>
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<ul>
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<li class="AboutCompliance"><a href="/copyleft-compliance/about.html">About</a></li>
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<li class="HelpComply"><a href="/copyleft-compliance/help.html">How To Help</a></li>
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