Linux GPL license infringement?

[brickbat]

Hi, I have a pocket pc and I found out about this company that is marketing a HTC Wizard pocket pc with a Linux os. I contacted them about it to see if I could get the Linux they have running on it. I asked them to confirm it was Linux and under what license their software was. The sent me a short, non-informational reply saying that they didn't offer the software or the o/s - only the phone with . When I asked again for them to confirm it is Linux and about the license, they ignored me. It seems to me that they are breaking the license.

Here is the link to the company. If you scroll down, it says "embedded Linux"

http://www.imcosys.com/html/smartphone.html

What do you think?

[kb3hkg]

Linux is open source it is released under GPL, they are required by law to make the source code obtainable.

[brickbat]

Yes but how does one get them to actually do it?

[kb3hkg]

Keep contacting them about it, point out the facts, and usually they give in just look at linksys. Sometimes it takes lawsuits as happened recently I forget what company that was though.

[Iandefor]

They have to make the code of their kernel and the GNU core available to you, or, at the least, offer for up to three years to send you a copy (but you usually get to pay the bill for delivery) if you buy the program. But that only applies to the
GPL'ed code, and they can distribute executable formats in pretty much any way they like. Also, the above really only applies to the GPL bits. Anything else, they can license any way they like.

[brickbat]

So if I asked them a few times and they dont.....what next?

[nanotube]

next is http://gpl-violations.org/
submit it there... and look at the various info resources posted on that site.

[deanlinkous]

Also a good idea to contact the FSF.
http://www.fsf.org/licensing/compliance.html
Actually as a user there isn't anything you can technically do except bring it to peoples attention. Then if a copyright holder wants to pursue the matter then they may.

Usually though if the company is contacted by the copyright holder then that usually gets them moving.

The legal list on the gpl-violations site is a good one to bring the situation up on.

[deanlinkous]

brickbat... any progress so far?

[brickbat]

I contacted the fsf. I have received a tracking number and I am waiting for followup.

[brickbat]

Here is the reply I received from the fsf.

"Interesting. Note that they don't have to give you any source code,
because you don't
have binaries from them. The GPL offers two options for source code
distribution: a.
include source code with the binaries (which may be what they are doing)
and b. include
an offer for source code with the binaries (which would mean that they
would have to give
source to you).

If you happen to know anyone who has one of their phones, or SDKs (which
almost certainly
include GCC), let me know."

In the words of Walter,

"I did not know that, Dude."

I don't know anyone that has this phone.

[deanlinkous]

I thought you stated you had one? Guess I cant read :(
Maybe find someone that has one??? Sounds like that is the end of that, huh? Yea, as a user it is (almost) pointless to worry about what may be a GPL violation except for bringing it to the attention of those that can do something if there is a violation. Nothing else you can do...

You could lie and say someone gave you the phone and now you want the source? :)

[Iandefor]

Here is the reply I received from the fsf.

"Interesting. Note that they don't have to give you any source code,
because you don't
have binaries from them. The GPL offers two options for source code
distribution: a.
include source code with the binaries (which may be what they are doing)
and b. include
an offer for source code with the binaries (which would mean that they
would have to give
source to you).

If you happen to know anyone who has one of their phones, or SDKs (which
almost certainly
include GCC), let me know."

In the words of Walter,

"I did not know that, Dude."

I don't know anyone that has this phone. That was the reply I had been expecting, to be honest. Good on you for taking the trouble of noticing potential gpl violations!

[deanlinkous]

Looks like a cool phone though. :)
I think it is good to notice potential violations and even to bring it to attention of someone but beyond that just pointless to pursue.

[brickbat]

Yeah, it looks ok. God I hate WM5.