Copyleft Compliance — Vizio — initial announcement

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 %}
+
+<h1>Software Freedom Conservancy files lawsuit against California TV manufacturer Vizio Inc. for GPL violations</h1>
+<h2>Litigation is historic in nature due to its focus on consumer rights, filing as third-party beneficiary</h2>
+
+<p><strong>FOR IMMEDIATE RELEASE</strong></p>
+
+<p>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).</p>
+
+
+<p>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.</p>
+
+
+<p>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).</p>
+
+<p>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.
+
+<p>&ldquo;That’s what makes this litigation unique and historic in terms of
+defending consumer rights,&rdquo; says Karen M. Sandler, the organization’s
+executive director.</p>
+
+
+<p>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).</p>
+
+
+
+<p>&ldquo;We are asking the court to require Vizio to make good on its
+  obligations under copyleft compliance requirements,&rdquo; 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.</p>
+
+<p>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 &ldquo;specific performance&rdquo; rather
+than &ldquo;damages&rdquo;).</p>
+
+
+<p>&ldquo;Software Freedom Conservancy is standing up for customers who are
+  alienated and exploited by the technology on which they increasingly
+  rely,&rdquo; 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.</p>
+
+
+<p>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).</p>
+
+
+<p>&ldquo;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,&rdquo; says
+Sandler. &ldquo;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 &lsquo;ethical
+technology.&rsquo; 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.&ldquo;</p>
+
+
+<p>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.</p>
+
+
+<p>&ldquo;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.&rdquo;</p>
+
+
+<p>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.</p>
+
+
+<h3>ABOUT SOFTWARE FREEDOM CONSERVANCY</h3>
+
+
+<p>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 <a href="https://sfconservancy.org">sfconservancy.org</a>.</p>
+
+
+
+<h3>SUPPLEMENTAL RESOURCES FOR JOURNALISTS</h3>
+
+
+<p><a href="https://sfconservancy.org/docs/software-freedom-conservancy-v-vizio-announce-press-kit.pdf">A
+full press kit, with substantial additional information and resources for
+journalists covering this story, can be viewed and downloaded here</a>.
+
+<h3>MEDIA CONTACT</h3>
+
+<p>Hannah Gregory, Media Rep for Good Causes<br/>
+<a href="mailto:media@sfconservancy.org">&ldquo;media@sfconservancy.org&rdquo;</a></p>
+{% endblock %}

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,

www/conservancy/templates/base_compliance.html

@@ -13,7 +13,18 @@
          <div id="sidebar" class="{% block submenuselection %}other{% endblock %}">
             <h2>What We Do</h2>
             {% include 'submenus/what_we_do_partial.html' %}
-            <h2>Our Copyleft {% block category %}Compliance{% endblock %} Projects</h2>
+            <h2>Vizio Lawsuit</h2>
+            <ul>
+            <li class="Vizio"><a href="/copyleft-compliance/vizio.html">Vizio Lawsuit</a></li>
+            <li class="Vizio"><a href="/press/qanda.html">Q&amp;A</a></li>
+            </ul>
+            <h2>Resources for Journalists On Vizio</h2>
+            <ul>
+            <li class="PressKit"><a href="/docs/software-freedom-conservancy-v-vizio-announce-press-kit.pdf">Press Kit</a></li>
+            <li class="PressKit"><a href="/docs/software-freedom-conservancy-v-vizio-photo-assets.zip">Photo Assets</a></li>
+            <li class="Glossary"><a href="/copyleft-compliance/glossary.html">Glossary</a></li>
+            </ul>
+            <h2>More About Copyleft Compliance&hellip;</h2>
             <ul>
             <li class="AboutCompliance"><a href="/copyleft-compliance/about.html">About</a></li>
             <li class="HelpComply"><a href="/copyleft-compliance/help.html">How To Help</a></li>