From de2998db8d69397fc671a88734c13b777c7d2cc0 Mon Sep 17 00:00:00 2001 From: "Bradley M. Kuhn" Date: Tue, 19 Oct 2021 10:02:15 -0700 Subject: [PATCH] =?UTF-8?q?Copyleft=20Compliance=20=E2=80=94=20Vizio=20?= =?UTF-8?q?=E2=80=94=20initial=20announcement?= MIME-Version: 1.0 Content-Type: text/plain; charset=UTF-8 Content-Transfer-Encoding: 8bit --- .../static/copyleft-compliance/vizio.html | 134 ++++++++++++++++++ www/conservancy/static/css/conservancy.css | 1 + .../templates/base_compliance.html | 13 +- 3 files changed, 147 insertions(+), 1 deletion(-) create mode 100644 www/conservancy/static/copyleft-compliance/vizio.html diff --git a/www/conservancy/static/copyleft-compliance/vizio.html b/www/conservancy/static/copyleft-compliance/vizio.html new file mode 100644 index 00000000..c901ffd3 --- /dev/null +++ b/www/conservancy/static/copyleft-compliance/vizio.html @@ -0,0 +1,134 @@ +{% extends "base_compliance.html" %} +{% block subtitle %}Copyleft Compliance Projects - {% endblock %} +{% block submenuselection %}Vizio{% endblock %} +{% block content %} + +

Software Freedom Conservancy files lawsuit against California TV manufacturer Vizio Inc. for GPL violations

+

Litigation is historic in nature due to its focus on consumer rights, filing as third-party beneficiary

+ +

FOR IMMEDIATE RELEASE

+ +

IRVINE, Calif. (Oct. 19, 2021) Software Freedom Conservancy announced today +it has filed a lawsuit against Vizio Inc. for what it calls repeated failures +to fulfill even the basic requirements of the General Public License (GPL).

+ + +

The lawsuit alleges that Vizio’s TV products, built on its SmartCast system, +contain software that Vizio unfairly appropriated from a community of +developers who intended consumers to have very specific rights to modify, +improve, share, and reinstall modified versions of the software.

+ + +

The GPL is a copyleft license that ensures end users the freedom to run, +study, share, and modify the software. Copyleft is a kind of software +licensing that leverages the restrictions of copyright, but with the intent +to promote sharing (using copyright licensing to freely use and repair +software).

+ +

Software Freedom Conservancy, a nonprofit organization focused on ethical +technology, is filing the lawsuit as the purchaser of a product which has +copylefted code. This approach makes it the first legal case that focuses on +the rights of individual consumers as third-party beneficiaries of the GPL. + +

“That’s what makes this litigation unique and historic in terms of +defending consumer rights,” says Karen M. Sandler, the organization’s +executive director.

+ + +

According to the lawsuit, a consumer of a product such as this has the +right to access the source code so that it can be modified, studied, and +redistributed (under the appropriate license conditions).

+ + + +

“We are asking the court to require Vizio to make good on its + obligations under copyleft compliance requirements,” says + Sandler. She explains that in past litigation, the plaintiffs have always + been copyright holders of the specific GPL code. In this case, Software + Freedom Conservancy hopes to demonstrate that it's not just the copyright + holders, but also the receivers of the licensed code who are entitled to + rights.

+ +

The lawsuit suit seeks no monetary damages, but instead seeks access to +the technical information that the copyleft licenses require Vizio to provide +to all customers who purchase its TVs (specifically, the plaintiff is asking +for the technical information via “specific performance” rather +than “damages”).

+ + +

“Software Freedom Conservancy is standing up for customers who are + alienated and exploited by the technology on which they increasingly + rely,” says Sandler, adding that the lawsuit also aims to help + educate consumers about their right to repair their devices as well as show + policy makers that there are mechanisms for corporate accountability + already in place that can be leveraged through purchasing power and + collective action.

+ + +

Copyleft licensing was designed as an ideological alternative to the +classic corporate software model because it: allows people who receive the +software to fix their devices, improve them and control them; entitles people +to curtail surveillance and ads; and helps people continue to use their +devices for a much longer time (instead of being forced to purchase new +ones).

+ + +

“The global supply chain shortages that have affected everything +from cars to consumer electronics underscore one of the reasons why it is +important to be able to repair products we already own,” says +Sandler. “Even without supply chain challenges, the forced obsolescence +of devices like TVs isn’t in the best interest of the consumer or even the +planet. This is another aspect of what we mean by ‘ethical +technology.’ Throwing away a TV because its software is no longer +supported by its manufacturer is not only wasteful, it has dire environmental +consequences. Consumers should have more control over this, and they would if +companies like Vizio played by the rules.“

+ + +

According to Sandler, the organization first raised the issue of +non-compliance with the GPL with Vizio in August 2018. After a year of +diplomatic attempts to work with the company, it was not only still refusing +to comply, but stopped responding to inquiries altogether as of January 2020.

+ + +

“By July 2021, the TV model that we originally complained was +non-compliant was discontinued,” says Sandler. “When we purchased new models, +we found that despite our efforts they still had no source code included with +the device, nor any offer for source code. People buying these models would +never know that there was anything special about the software in these +devices, or that they had any rights whatsoever connected with the software +on their TVs.”

+ + +

Software Freedom Conservancy analyzed the TVs and concluded that not only +was Vizio not providing the source code and technical information that +copyleft licenses require, Vizio was not even informing its customers about +copylefted software and the rights it gives them as consumers.

+ + +

ABOUT SOFTWARE FREEDOM CONSERVANCY

+ + +

Software Freedom Conservancy is a nonprofit organization centered around +ethical technology. Our mission is to ensure the right to repair, improve, +and reinstall software. We promote and defend these rights through fostering +free and open source software (FOSS) projects, driving initiatives that +actively make technology more inclusive, and advancing policy strategies that +defend FOSS (such as copyleft). The organization is incorporated in New +York. For more information, go +to sfconservancy.org.

+ + + +

SUPPLEMENTAL RESOURCES FOR JOURNALISTS

+ + +

A +full press kit, with substantial additional information and resources for +journalists covering this story, can be viewed and downloaded here. + +

MEDIA CONTACT

+ +

Hannah Gregory, Media Rep for Good Causes
+“media@sfconservancy.org”

+{% endblock %} diff --git a/www/conservancy/static/css/conservancy.css b/www/conservancy/static/css/conservancy.css index 9ac4feef..de2bac9f 100644 --- a/www/conservancy/static/css/conservancy.css +++ b/www/conservancy/static/css/conservancy.css @@ -376,6 +376,7 @@ body > header { #container #sidebar.Services ul li.Services, #container #sidebar.Applying ul li.Applying, #container #sidebar.PastLawsuits ul li.PastLawsuits, +#container #sidebar.Vizio ul li.Vizio, #container #sidebar.CopyleftPrinciples ul li.CopyleftPrinciples, #container #sidebar.AboutCompliance ul li.AboutCompliance, #container #sidebar.HelpComply ul li.HelpComply, diff --git a/www/conservancy/templates/base_compliance.html b/www/conservancy/templates/base_compliance.html index 1903ecac..489ece95 100644 --- a/www/conservancy/templates/base_compliance.html +++ b/www/conservancy/templates/base_compliance.html @@ -13,7 +13,18 @@