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hblaw
September 15th, 2008, 05:01 AM
I am just wondering. I don't know if there has been discussions on this topic...

Whether it is possible to sue hardware companies that does not disclose their product specs to enable the development of open source drivers? The logic is as follows:

If the hardware company does not disclose specs and only offers windows drivers, the customers are forced to use windows operating system. This is a restriction of freedom. So they must either disclose specs that enables development of open source drivers or provide drivers for all systems themselves if there is any customer requires such driver.

Or is it possible to sue computer companies like Dell, lenovo, sony etc, if their models use components that do not have open source drivers? Can such computers be deemed defected because they can only run windows (so if anybody would like to wipe out windows and install linux and finds that some components do not work, he or she can return the products to the seller unconditionally?)

:)

SunnyRabbiera
September 15th, 2008, 05:03 AM
A lawsuit would discourage them more from making linux drivers instead of encouraging them, I think more awareness is needed yes but a lawsuit will do more harm then good.

frankleeee
September 15th, 2008, 05:59 AM
Nice idea but a software company that sells a preloaded program is only responsible for that setup. Don't buy if you can't find out needed information.

SunnyRabbiera
September 15th, 2008, 06:21 AM
seriously if Linux sued hardware developers it would be no better then Microsoft or Apple.
Intimidation is their tactic not ours.

karellen
September 15th, 2008, 07:13 AM
is their right to do whatever they want with their products (read not releasing specifications). and your right not to buy their products. and btw, no commercial corporation won't disclose its tech secrets (imagine BMW or Mercedes making freely available the blueprints of their engines :lolflag:)
there's nothing illegal in such thing as "not supporting/impeding freedom". and if it's not illegal, you can't sue. simple

Brunellus
September 16th, 2008, 03:51 AM
I am just wondering. I don't know if there has been discussions on this topic...

Whether it is possible to sue hardware companies that does not disclose their product specs to enable the development of open source drivers? The logic is as follows:

If the hardware company does not disclose specs and only offers windows drivers, the customers are forced to use windows operating system. This is a restriction of freedom. So they must either disclose specs that enables development of open source drivers or provide drivers for all systems themselves if there is any customer requires such driver.

Or is it possible to sue computer companies like Dell, lenovo, sony etc, if their models use components that do not have open source drivers? Can such computers be deemed defected because they can only run windows (so if anybody would like to wipe out windows and install linux and finds that some components do not work, he or she can return the products to the seller unconditionally?)

:)

You can only sue if you can show that there was an affirmative duty on hardware manufacturers to make their hardware universally accessible. I don't think you can even bring a suit on that theory.

Even if you could find some affirmative duty on the part of hardware manufacturers to supply drivers, the claim would still likely fail because of standing issues. Plaintiff would have to claim real damages, or be a member of a class of similarly-situated, injured persons. Bringing an action on behalf of unidentified, uninterested persons wouldn't work; the complaint would be dismissed for lack of standing.

DISCLAIMER. Although I doubt very much the merits of this claim, I am not a licensed attorney. Nothing I say should be construed as legal advice, nor creating a lawyer-client relationship.