Changeset - 3d2bd4a72515
[Not reviewed]
0 1 0
Denver Gingerich - 10 years ago 2014-11-09 16:16:46
denver@ossguy.com
Add "U-Boot Installation" sec w/ netcat suggestion
1 file changed with 107 insertions and 53 deletions:
0 comments (0 inline, 0 general)
enforcement-case-studies.tex
Show inline comments
 
%      Tutorial Text for the Detailed Study and Analysis of GPL and LGPL course
 

	
 
% License: CC-By-SA-4.0
 

	
 
% The copyright holders hereby grant the freedom to copy, modify, convey,
 
% Adapt, and/or redistribute this work under the terms of the Creative
 
% Commons Attribution Share Alike 4.0 International License.
 

	
 
% This text is distributed in the hope that it will be useful, but
 
% WITHOUT ANY WARRANTY; without even the implied warranty of
 
% MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
 

	
 
% You should have received a copy of the license with this document in
 
% a file called 'CC-By-SA-4.0.txt'.  If not, please visit
 
% https://creativecommons.org/licenses/by-sa/4.0/legalcode to receive
 
% the license text.
 

	
 

	
 
\part{Case Studies in GPL Enforcement}
 

	
 
{\parindent 0in
 
This part is: \\
 
\begin{tabbing}
 
Copyright \= \copyright{} 2003, 2004, 2014 \= \hspace{1.mm} \=  \kill
 
Copyright \> \copyright{} 2014 \>  Bradley M. Kuhn. \\
 
Copyright \= \copyright{} 2014 \> \hspace{.2in} Denver Gingerich \\
 
Copyright \= \copyright{} 2003, 2004, 2014 \= \hspace{.2in} Free Software Foundation, Inc. \\
 
\end{tabbing}
 

	
 
\vspace{1in}
 

	
 
\begin{center}
 
Authors of this part are: \\
 

	
 
Bradley M. Kuhn \\
 
John Sullivan
 
\vspace{3in}
 

	
 
Copy editors of this part include: \\
 
Martin Michlmayr
 

	
 
\vspace{3in}
 

	
 
The copyright holders hereby grant the freedom to copy, modify, convey,
 
Adapt, and/or redistribute this work under the terms of the Creative Commons
 
Attribution Share Alike 4.0 International License.  A copy of that license is
 
available at \url{https://creativecommons.org/licenses/by-sa/4.0/legalcode}.
 
\end{center}
 
}
 
% =====================================================================
 
% START OF SECOND DAY SEMINAR SECTION
 
% =====================================================================
 

	
 
\chapter*{Preface}
 

	
 
This one-day course presents the details of five different GPL
 
compliance cases handled by FSF's GPL Compliance Laboratory. Each case
 
offers unique insights into problems that can arise when the terms of
 
the GPL are not properly followed, and how diplomatic negotiation between
 
the violator and the copyright holder can yield positive results for
 
both parties.
 

	
 
Attendees should have successfully completely the course, a ``Detailed
 
Study and Analysis of the GPL and LGPL,'' as the material from that
 
course forms the building blocks for this material.
 

	
 
This course is of most interest to lawyers who have clients or
 
employers that deal with Free Software on a regular basis. However,
 
technical managers and executives whose businesses use or distribute
 
Free Software will also find the course very helpful.
 

	
 
\bigskip
 

	
 
These course materials are merely a summary of the highlights of the
 
course presented. Please be aware that during the actual GPL course, class
 
discussion supplements this printed curriculum. Simply reading it is
 
not equivalent to attending the course.
 

	
 
%FIXME-LATER: write these
 

	
 
%\chapter{Not All GPL Enforcement is Created Equal}
 

	
 
%\section{For-Profit Enforcement}
 

	
 
%\section{Community and Non-Profit Enforcement}
 

	
 
\chapter{Overview of Community Enforcement}
 

	
 
The GPL is a Free Software license with legal teeth. Unlike licenses like
 
the X11-style or various BSD licenses, the GPL (and by extension, the LGPL) is
 
designed to defend as well as grant freedom. We saw in the last course
 
that the GPL uses copyright law as a mechanism to grant all the key freedoms
 
essential in Free Software, but also to ensure that those freedoms
 
propagate throughout the distribution chain of the software.
 

	
 
\section{Termination Begins Enforcement}
 

	
 
As we have learned, the assurance that Free Software under the GPL remains
 
Free Software is accomplished through various terms of the GPL: \S 3 ensures
 
that binaries are always accompanied with source; \S 2 ensures that the
 
sources are adequate, complete and usable; \S 6 and \S 7 ensure that the
 
license of the software is always the GPL for everyone, and that no other
 
legal agreements or licenses trump the GPL. It is \S 4, however, that ensures
 
that the GPL can be enforced.
 

	
 
Thus, \S 4 is where we begin our discussion of GPL enforcement. This
 
clause is where the legal teeth of the license are rooted. As a copyright
 
license, the GPL governs only the activities governed by copyright law ---
 
copying, modifying and redistributing computer software. Unlike most
 
copyright licenses, the GPL gives wide grants of permission for engaging with
 
these activities. Such permissions continue, and all parties may exercise
 
them until such time as one party violates the terms of the GPL\@. At the
 
moment of such a violation (i.e., the engaging of copying, modifying or
 
redistributing in ways not permitted by the GPL) \S 4 is invoked. While other
 
parties may continue to operate under the GPL, the violating party loses their
 
rights.
 

	
 
Specifically, \S 4 terminates the violators' rights to continue
 
engaging in the permissions that are otherwise granted by the GPL\@.
 
Effectively, their rights revert to the copyright defaults ---
 
no permission is granted to copy, modify, nor redistribute the work.
 
Meanwhile, \S 5 points out that if the violator has no rights under
 
the GPL, they are prohibited by copyright law from engaging in the
 
activities of copying, modifying and distributing. They have lost
 
these rights because they have violated the GPL, and no other license
 
gives them permission to engage in these activities governed by copyright law.
 

	
 
\section{Ongoing Violations}
 

	
 
In conjunction with \S 4's termination of violators' rights, there is
 
one final industry fact added to the mix: rarely does one engage in a
 
single, solitary act of copying, distributing or modifying software.
 
Almost always, a violator will have legitimately acquired a copy of a
 
GPL'd program, either making modifications or not, and then begun
 
distributing that work. For example, the violator may have put the
 
software in boxes and sold them at stores. Or perhaps the software
 
was put up for download on the Internet. Regardless of the delivery
 
mechanism, violators almost always are engaged in {\em ongoing\/}
 
violation of the GPL\@.
 

	
 
In fact, when we discover a GPL violation that occurred only once --- for
 
example, a user group who distributed copies of a GNU/Linux system without
 
source at one meeting --- we rarely pursue it with a high degree of
 
tenacity. In our minds, such a violation is an educational problem, and
 
unless the user group becomes a repeat offender (as it turns out, they
 
never do), we simply forward along a FAQ entry that best explains how user
 
groups can most easily comply with the GPL, and send them on their merry way.
 

	
 
It is only the cases of {\em ongoing\/} GPL violation that warrant our
 
active attention. We vehemently pursue those cases where dozens, hundreds
 
or thousands of customers are receiving software that is out of
 
compliance, and where the company continually offers for sale (or
 
distributes gratis as a demo) software distributions that include GPL'd
 
components out of compliance. Our goal is to maximize the impact of
 
enforcement and educate industries who are making such a mistake on a
 
large scale.
 

	
 
In addition, such ongoing violation shows that a particular company is
 
committed to a GPL'd product line. We are thrilled to learn that someone
 
is benefiting from Free Software, and we understand that sometimes they
 
become confused about the rules of the road. Rather than merely
 
giving us a postmortem to perform on a past mistake, an ongoing violation
 
gives us an active opportunity to educate a new contributor to the GPL'd
 
commons about proper procedures to contribute to the community.
 

	
 
Our central goal is not, in fact, to merely clear up a particular violation.
 
In fact, over time, we hope that our compliance lab will be out of
 
business. We seek to educate the businesses that engage in commerce
 
related to GPL'd software to obey the rules of the road and allow them to
 
operate freely under them. Just as a traffic officer would not revel in
 
reminding people which side of the road to drive on, so we do not revel in
 
violations. By contrast, we revel in the successes of educating an
 
ongoing violator about the GPL so that GPL compliance becomes a second-nature
 
matter, allowing that company to join the GPL ecosystem as a contributor.
 

	
 
\section{How are Violations Discovered?}
 

	
 
Our enforcement of the GPL is not a fund-raising effort; in fact, FSF's GPL
 
Compliance Lab runs at a loss (in other words, it is subsided by our
 
donors). Our violation reports come from volunteers, who have encountered,
 
in their business or personal life, a device or software product that
 
appears to contain GPL'd software. These reports are almost always sent
 
via email to $<$license-violation@fsf.org$>$.
 

	
 
Our first order of business, upon receiving such a report, is to seek
 
independent confirmation. When possible, we get a copy of the software
 
product. For example, if it is an offering that is downloadable from a
 
Web site, we download it and investigate ourselves. When it is not
 
possible for us to actually get a copy of the software, we ask the
 
reporter to go through the same process we would use in examining the
 
software.
 

	
 
By rough estimation, about 95\% of violations at this stage can be
 
confirmed by simple commands. Almost all violators have merely made an
 
error and have no nefarious intentions. They have made no attempt to
 
remove our copyright notices from the software. Thus, given the
 
third-party binary, {\tt tpb}, usually, a simple command (on a GNU/Linux
 
system) such as the following will find a Free Software copyright notice
 
and GPL reference:
 
\begin{quotation}
 
{\tt strings tpb | grep Copyright}
 
\end{quotation}
 
In other words, it is usually more than trivial to confirm that GPL'd
 
software is included.
 

	
 
Once we have confirmed that a violation has indeed occurred, we must then
 
determine whose copyright has been violated. Contrary to popular belief,
 
FSF does not have the power to enforce the GPL in all cases. Since the GPL
 
operates under copyright law, the powers of enforcement --- to seek
 
redress once \S 4 has been invoked --- lie with the copyright holder of
 
the software. FSF is one of the largest copyright holders in the world of
 
GPL'd software, but we are by no means the only one. Thus, we sometimes
 
discover that while GPL'd code is present in the software, there is no
 
software copyrighted by FSF present.
 

	
 
In cases where FSF does not hold copyright interest in the software, but
 
we have confirmed a violation, we contact the copyright holders of the
 
software, and encourage them to enforce the GPL\@. We offer our good offices
 
to help negotiate compliance on their behalf, and many times, we help as a
 
third party to settle such GPL violations. However, what we will describe
 
primarily in this course is FSF's first-hand experience enforcing its own
 
copyrights and the GPL\@.
 

	
 
\section{First Contact}
 

	
 
The Free Software community is built on a structure of voluntary
 
cooperation and mutual help. Our community has learned that cooperation
 
works best when you assume the best of others, and only change policy,
 
procedures and attitudes when some specific event or occurrence indicates
 
that a change is necessary. We treat the process of GPL enforcement in
 
the same way. Our goal is to encourage violators to join the cooperative
 
community of software sharing, so we want to open our hand in friendship.
 

	
 
Therefore, once we have confirmed a violation, our first assumption is
 
that the violation is an oversight or otherwise a mistake due to confusion
 
about the terms of the license. We reach out to the violator and ask them
 
to work with us in a collaborative way to bring the product into
 
compliance. We have received the gamut of possible reactions to such
 
requests, and in this course, we examine four specific examples of such
 
compliance work.
 

	
 
% FIXME: make this section properly TeX-formatted
 
\chapter{ThinkPenguin Wireless Router: Excellent CCS}
 

	
 
Too often, case studies examine failure and mistakes.  Indeed, most of the
 
chapters that follow herein will consider the myriad difficulties discovered
 
in community-oriented GPL enforcement for the last two decades.  However, to
 
begin, we offer a study in how copyleft compliance can be done correctly.
 

	
 
This example is, in fact, more than ten years in the making.  Since almost
 
the inception of for-profit corporate adoption of Free Software, companies
 
have requested a clear example of a model citizen to emulate.  Sadly, while
 
community-oriented enforcers have vetted uncounted thousands of ``Complete,
 
Corresponding Source'' CCS candidates from hundreds of companies, the CCS
 
release describes the first one CCS experts have declared a ``pristine
 
example''.
 

	
 
% FIXME (above): link to a further discussion of CCS in the compliance guide
 
% when a good spot exists, then (below) link to a ``CCS iteration''
 
% discussion in compliance-guide.tex when one exists.  (the ``iteration
 
% process'' is discussed in~\ref{} of this guide)
 

	
 
Of course, most CCS examined for the last decade has (eventually) complied
 
with the GPL, perhaps after many iterations of review by the enforcer.
 
However, in the experience of the two primary community-oriented enforcers,
 
Conservancy and the FSF, such CCS results routinely fix the description of
 
``barely complies with GPL's requirements''.  To use an academic analogy:
 
while a ``C'' is certainly a passing grade, any instructor prefers to
 
disseminate to the class an exemplar sample that earned an ``A''.
 

	
 
Fortunately, thanks in large part to the FSF's
 
``Respects Your Freedom'' (RYF) certification campaign\footnote{\href{http://www.fsf.org/resources/hw/endorsement/respects-your-freedom}{RYF is
 
    a campaign by FSF to certify products that truly meet the principles of
 
    software freedom}.  Products must meet
 
  \href{http://www.fsf.org/resources/hw/endorsement/criteria}{strict
 
    standards for RYF certification}, and among them is a pristine example of
 
  CCS\@.}, electronics products have begun to appear on the market that are
 
held to a higher standard of copyleft compliance.  As such, for the first
 
time in the history of copyleft, CCS experts have pristine examples to study
 
and present as exemplars worthy of emulation.
 

	
 
This case study therefore examines the entire life-cycle of a GPL compliance
 
investigation: from product purchase, to source request, to CCS review.
 
Specifically, this chapter discusses the purchase, CCS provision, and a
 
step-by-step build and installation analysis of a specific, physical,
 
embedded electronics product.  The product in question is
 
\href{https://www.thinkpenguin.com/gnu-linux/free-software-wireless-n-broadband-router-gnu-linux-tpe-nwifirouter}{the
 
  ``TPE-NWIFIROUTER'' wireless router by ThinkPenguin}.\footnote{The FSF of
 
  course performed a thorough CCS check as part of the certification process.
 
  The analysis discussed herein was independently performed by Software
 
  Freedom Conservancy without reviewing any findings of the FSF, and thus the
 
  analysis provides a ``true to form'' analysis as it occurs when Conservancy
 
  investigates a potential GPL violation.  In this case, obviously, no
 
  violation was uncovered.}
 

	
 
\section{Consumer Purchase and Unboxing}
 

	
 
The process for copyleft compliance investigation, when properly conducted,
 
determines whether users inclined to exercise their rights under a copyleft
 
license will be successful in their attempt.  Therefore, at every stage, the
 
investigator seeks to take actions that reasonably technically knowledgeable
 
users would during the ordinary course of their acquisition and use of
 
products.  As such, the investigator typically purchases the device on the
 
open market to verify that distribution of the copylefted software therein
 
complies with binary distribution requirements (such as those
 
\tutorialpartsplit{discussed in \textit{Detailed Analysis of the GNU GPL and
 
    Related Licenses}}{discussed here in \S~\ref{GPLv2s3} and
 
  \S~\ref{GPLv3s6}}).
 

	
 
% FIXME: Above is my only use of \tutorialpartsplit in this chapter.  I just
 
% got lazy and that should be fixed by someone.
 

	
 
\label{thinkpenguin-included-ccs}
 

	
 
Therefore, the investigator first purchased the TPE-NWIFIROUTER through an
 
online order, and when the package arrived, examined the contents of the box.
 
The investigator immediately discovered that ThinkPenguin had taken advice
 
from \S~\ref{offer-for-source} in this guide, and had chosen to use
 
\hyperref[GPLv2s3a]{GPLv2\S3(a)} and \hyperref[GPLv3s6]{GPLv3s6}, rather than
 
using the \hyperref[offer-for-source]{problematic offer for source
 
  provisions}.  This choice not only speeds up the investigation (since there
 
is no CCS offer to test), but also simplifies the compliance requirements for
 
ThinkPenguin.
 

	
 
\section{Root Filesystem and Kernel Compilation}
 

	
 
The CD found in the box was labeled ``libreCMC v1.2.1 source code'', and
 
contained 407 megabytes of data.  The investigator copied this ISO and
 
examined its contents.  Upon doing so, the investigator immediately found a
 
file called ``README'' at the top-level directory:
 

	
 
\lstset{tabsize=2}
 
\begin{lstlisting}[language=bash]
 
  $ dd if=/dev/cdrom of=libreCMC_v1.2.1_SRC.iso
 
  $ mkdir libCMC
 
  $ sudo mount -o loop ./libreCMC_v1.2.1_SRC.iso libCMC
 
  mount: block device /path/to/libreCMC_v1.2.1_SRC.iso is write-protected, mounting read-only
 
  $ ls -1 libCMC
 
  bin
 
  librecmc-u-boot.tar.bz2
 
  librecmc-v1.2.1.tar.bz2
 
  README
 
  u-boot_reflash
 
  $ cat libCMC/README
 
\end{lstlisting}
 
\label{thinkpenguin-toplevel-readme}
 
The investigator therefore knew immediately to begin the CCS check by
 
studying the contents of the ``README'', which contained the appropriate
 
details to get started with a build:
 
\begin{quotation}
 

	
 
In order to build firmware images for your router,the following needs to be
 
installed:
 

	
 
gcc, binutils, bzip2, flex, python, perl, make, find, grep, diff, unzip,
 
gawk, getopt, libz-dev and libc headers.
 

	
 
Please use ``make menuconfig'' to configure your appreciated configuration
 
for the toolchain and firmware. Please note that the default configuration is
 
what was used to build the firmware image for your router. It is advised that
 
you use this configuration.
 

	
 
Simply running ``make'' will build your firmware.  The build system will
 
download all sources, build the cross-compile toolchain, the kernel and all
 
chosen applications.
 

	
 
To build your own firmware you need to have access to a GNU/Linux system
 
(case-sensitive filesystem required).
 
\end{quotation}
 

	
 
In other words, the first ``script'' that investigator ran in building
 
testing this CCS candidate was the above, which ran on the investigator's own
 
brain --- like a script of a play.  Less glibly, instructions written in
 
English are particularly necessary for parts of the build and installation
 
process that require some amount of actual intelligence to complete.
 
In this case, the investigator was able to determine the requirements for the
 
host system to use when constructing the firmware for the embedded device.
 

	
 
GPL does not, of course, give specific guidance on the form or location of
 
such instructions.  Community-oriented GPL enforcers generally use a
 
reasonableness standard to evaluate such instructions.  If an investigator of
 
average skill in embedded firmware construction can surmise the proper
 
procedures to build and install a replacement firmware, the instructions are
 
likely sufficient to meet GPL's requirements.  However, in this case, the
 
instructions are more abundant and give more detail.
 

	
 
These instructions are more general than typical.  Often, top-level build
 
instructions will specifically name a host distribution to use, such as
 
``Debian 7 installed on an amd64 system with the following packages
 
installed''.  If the build will not complete on any other system,
 
instructions should have such details.  However, in this case, the CCS can
 
build on a wide range of distributions, and thus no specific distribution was
 
specified.
 

	
 
\label{thinkpenguin-specific-host-system}
 

	
 
In this specific case, the developers of the libreCMC project (on which the
 
TPE-NWIFIROUTER is based) have clearly made an effort to ensure the CCS builds
 
on a variety of host systems.  The investigator was in fact dubious upon
 
seeing these instructions, since finicky embedded build processes usually
 
require a very specific host system.   Even in this case, a
 
\hyperref[thinkpenguin-glibc-214-issue]{minor annoyance was found that more
 
  detailed instructions would address}.
 

	
 
Anyway, since these instructions did not specify a specific host system, the
 
investigator simply used his own amd64 Debian 6 desktop system.  Before
 
beginning, the investigator used the following command:
 

	
 
\lstset{tabsize=2}
 
\begin{lstlisting}[language=bash]
 
  $ dpkg --list | egrep '^iii' | less
 
\end{lstlisting}
 

	
 
to verify that the required packages listed in the README were
 
installed\footnote{The ``dpkg'' command is a Debian-specific way of
 
  finding installed packages.}.
 

	
 

	
 
Next, the investigator then extracted the primary source package with the
 
following command:
 

	
 
\lstset{tabsize=2}
 
\begin{lstlisting}[language=bash]
 
  $ tar --posix -jxpf libCMC/librecmc-v1.2.1.tar.bz2
 
\end{lstlisting}
 

	
 
The investigator did notice an additional source release, entitled
 
``librecmc-u-boot.tar.bz2''.  The investigator concluded upon simple
 
inspection that the instructions found in ``u-boot\verb0_0reflash'' were
 
specific instructions for that part of the CCS\@.  This was a minor
 
annoyance, and ideally the ``README'' would list that fact, but the existing
 
layout met the reasonable standard that community-oriented GPL enforcers
 
typically apply, since the skilled investigator could determine the correct
 
course of action with a few moments of study.
 

	
 
The investigator then noted the additional step offered by the ``README'',
 
which read:
 
\begin{quotation}
 
Please use ``make menuconfig'' to configure your appreciated configuration
 
for the toolchain and firmware. Please note that the default configuration is
 
what was used to build the firmware image for your router. It is advised that
 
you use this configuration.
 
\end{quotation}
 

	
 
This instruction actually goes above and beyond the requirements of GPL\@.
 
Specifically, the instruction guides users in their first step toward
 
exercising the freedom to modify the software.  While the GPL does contain
 
requirements that facilitate the freedom to modify (such as ensuring the CCS is
 
in the ``preferred form \ldots for making modifications to it'' form), it
 
does not require that you write specific instructions explaining how
 
modifications might be undertaken.  This instruction therefore exemplifies
 
the exceptional quality of this particular CCS\@.
 

	
 
%FIXME: add a \hyperref to some ``preferred for for modification'' stuff above.
 

	
 
However, for purposes of the CCS verification process, typically the
 
investigator avoids any unnecessary changes to the source code during the
 
build process, lest the investigator err and cause the build to fail through
 
his own modification, and thus incorrectly identify the CCS as inadequate.
 
Therefore, the investigator proceeded to simply run:
 

	
 
\lstset{tabsize=2}
 
\begin{lstlisting}[language=bash]
 
  $ cd libCMC
 
  $ make
 
\end{lstlisting}
 

	
 
and waited approximately 40 minutes for the build to complete\footnote{Build
 
  times will likely vary widely on various host systems.}.  The investigator
 
kept a
 
\href{https://gitorious.org/copyleft-org/tutorial/source/master:enforcement-case-studies_log-output/thinkpenguin_librecmc-complete.log}{full
 
  log of the build}, which is not included herein due its size (approximately
 
7.2K of text).
 
\label{thinkpenguin-main-build}
 

	
 
Upon completion of the ``make'' process, the investigator immediately found
 
(almost to his surprise) several large firmware files in the ``bin/ar71xx''
 
directory.  Typically, this step in the CCS verification process is
 
harrowing.  In most cases, the ``make'' step will fail due to a missing
 
package or because toolchain paths are not setup correctly.
 

	
 
From experience, the investigator is sure that ThinkPenguin's engineers did
 
the most important step in self-CCS verification: use one's own instructions
 
on a clean system.  Ideally, an employee with similar skills but
 
unfamiliar with the specific product can most easily verify CCS  and identify
 
problems before a violation occurs.
 

	
 
% FIXME: Is there stuff about the above in the compliance guide?  If so, link
 
% to it.  If not, write it, then link to it. :)
 

	
 
However, upon completing the ``make'', the investigator was unclear which
 
filesystem and kernel images to install on the TPE-NWIFIROUTER hardware.
 
Ideally, the original ``README'' would indicate which image is appropriate
 
for the included hardware.  However, this was ultimately an annoyance rather
 
than a compliance issue due to other information available.  Specifically,
 
the web UI (see next section) on the TPE-NWIFIROUTER performs firmware image
 
installation.  Additionally, the router's version number was specified on the
 
bottom of the device, which indicated which of the differently-versioned images
 
we should install.  It would be ideal to find
 
\href{http://librecmc.org/librecmc/wiki?name=Tp+MR3020}{instructions similar
 
  to these} in the README itself.  However, application of the reasonableness
 
standard indicates compliance, since a knowledgeable user was able to
 
determine the proper course of action.
 

	
 

	
 
\section{U-Boot Compilation}
 

	
 
%FIXME: link to u-boot reflash, maybe put it in log-output dir?
 

	
 
The investigator then turned his attention to the file,
 
``u-boot\verb0_0reflash'' instructions.  These instructions explained how to
 
build and install the bootloader for the device.
 

	
 
The investigator followed the instructions for compiling U-Boot, and found
 
them quite straight-forward.  The investigator discovered two minor
 
annoyances, however, while building U-Boot:
 

	
 
\begin{itemize}
 

	
 
 \item The variable \verb0$U-BOOT_SRC0 was used as a placeholder for the name
 
   of the extracted source directory.  This was easy to surmise and was not a
 
   compliance issue (per the reasonableness standard), but explicitly stating
 
   that at the top of the instructions would be helpful.
 

	
 
\label{thinkpenguin-glibc-214-issue}
 
\item Toolchain binaries were included and used by default by the build
 
  process.  These binaries were not the appropriate ones for the
 
  investigator's host system, and the build failed with the following error:
 

	
 
\lstset{tabsize=2}
 
\begin{lstlisting}
 
mips-librecmc-linux-uclibc-gcc.bin: /lib/libc.so.6:
 
   version `GLIBC`_2.14' not found
 
     (required by mips-librecmc-linux-uclibc-gcc.bin)
 
\end{lstlisting}
 

	
 
   (The
 
\href{https://gitorious.org/copyleft-org/tutorial/source/master:enforcement-case-studies_log-output/thinkpenguin_u-boot-build_fail.log}{complete
 
  log output from the failure} is too lengthy to include herein.)
 

	
 
   This issue is an annoyance, not a compliance problem.  It was clear from
 
   context that these binaries were simply for a different architecture, and
 
   the investigator simply removed ``toolchain/bin'' and used a symlink to
 
   utilize the toolchain already built earlier (during the compilation
 
   discussed in \S~\ref{thinkpenguin-main-build}):
 

	
 
\lstset{tabsize=2}
 
\begin{lstlisting}
 
  $ ln -s \
 
  ../../staging_dir/toolchain-mips_34kc_gcc-4.6-linaro_uClibc-0.9.33.2/bin \
 
  toolchain/bin
 
\end{lstlisting}
 

	
 

	
 
   After this change, the U-Boot build completed successfully.
 
\end{itemize}
 

	
 
The
 
\href{https://gitorious.org/copyleft-org/tutorial/source/master:enforcement-case-studies_log-output/thinkpenguin_u-boot-finish_build.log}{full
 
  log of the build} is not included herein due its size (approximately 3.8K
 
of text).  After that, the investigator found a new U-Boot image in the
 
``bin'' directory.
 

	
 
\section{Root Filesystem and Kernel Installation}
 

	
 
The investigator next tested installation of the firmware.  In particular,
 
the investigator connected the TPE-NWIFIROUTER to a local network, and
 
visited \url{http://192.168.10.1/}, logged in, and chose the option sequence:
 
``System $\Rightarrow$ Backup / Flash Firmware''.
 

	
 
From there, the investigator chose the ``Flash new firmware image'' section
 
and selected the
 
``librecmc-ar71xx-generic-tl-wr841n-v8-squashfs-sysupgrade.bin'' image from
 
the ``bin/ar71xx'' directory.  The investigator chose the ``v8'' image upon
 
verifying the physical router read ``v8.2'' on its bottom.  The investigator
 
chose the ``sysupgrade'' version of the image because this was clearly a
 
system upgrade (as a firmware already came preinstalled on the
 
TPE-NWIFIROUTER).
 

	
 
Upon clicking ``Flash image\ldots'', the web interface prompted the
 
investigator to confirm the MD5 hash of the image to flash.  The investigator
 
did so, and then clicked ``Proceed'' to flash the image.  The process took
 
about one minute, at which point the web page refreshed to the login screen.
 
Upon logging in, the investigator was able to confirm in ``Kernel Log''
 
section of the interface that the newly built copy of Linux had indeed been
 
installed.
 

	
 
The investigator confirmed that a new version of ``busybox'' had also been
 
installed by using SSH to connect to the router and ran the command
 
``busybox'', which showed the newly-compiled version (via its date of
 
compilation).
 

	
 
%FIXME: dg: can you get me  a screen shot for the Kernel Log above, and paste
 
%in the output of running busybox ?
 
%FIXME: bkuhn: the screen shot for the Kernel Log is in the log output dir at
 
%thinkpenguin_librecmc-built-kernel_log.png and the BusyBox output is in the
 
%same directory at thinkpenguin_librecmc-built-busybox_output.log - you may want
 
%to only use part of the BusyBox output (maybe even just the login) for brevity
 

	
 
%% \section{U-Boot Installation}
 

	
 
%% The U-Boot installation process is substantially more complicated than the
 
%% firmware update.  The investigator purchased the optional a serial cable
 
%% along with the TPE-NWIFIROUTER, in order to complete the U-Boot installation
 
%% per the instructions in'' -boot\verb0_0reflash''.
 

	
 
%% However, we were
 
%% only able to read data from the serial port; we were unable to interrupt the
 
%% boot process or access the U-Boot console to complete the U-Boot re-flash.  Here
 
%% are the steps we tried:
 

	
 
%% * We found the serial cable included was a USB serial adapter that had a male
 
%%   USB type A connector on one end and 4 female jumper wires at the other end.
 
%%   These female jumper wires were red, black, white, and green.
 
%% * The instructions did not specify how to connect these wires, but we were able
 
%%   to determine this in part using the "v8.4" image (close to our "v8.2" router)
 
%%   at \url{http://wiki.openwrt.org/toh/tp-link/tl-wr841nd#serial.console} .  Aside from
 
%%   power and ground (red and black), we did have to guess which of the wires was
 
%%   RX and TX.  By experimentation we found that green was RX and white was TX.
 
%%   When we tried the other way, we received no data to our serial console at boot
 
%%   time.
 
%% * We did have to use the included jumper pin gender changer with the USB serial
 
%%   adapter, which we put through the holes on the router's mainboard and then
 
%%   connected to the USB serial adapter.  The fit was fairly loose so it would be
 
%%   nice if future router versions included a tighter gender changer or (ideally)
 
%%   had the jumper pins soldered onto the board to begin with (so no gender
 
%%   changer would be required).
 
%% * We used 115200 8N1 as our serial console settings (with no hardware or
 
%%   software flow control).  This was tested with both the minicom and screen
 
%%   commands.  We found that if we connected all 4 wires on the USB serial adapter
 
%%   that the router would start without additional power and our console would
 
%%   receive the startup messages.  We could replicate the same behavior by
 
%%   omitting the power cable from the USB serial adapter (red wire) and connecting
 
%%   the main power adapter to the router instead.
 
%% * While we did see the U-Boot and kernel boot logs in our serial console, we
 
%%   were unable to interrupt the boot process as u-boot\verb0_0reflash indicated we
 
%%   should.  We suspect this is a misconfiguration of our serial console, but it's
 
%%   unclear exactly how it is misconfigured, as we were able to receive data fine
 
%%   (we just couldn't send data to the router).
 
%% * As a result, we were unable to complete the U-Boot installation test.  We did
 
%%   appreciate that installation instructions were included, though these
 
%%   instructions should be updated to include more specifics about connecting the
 
%%   serial cable.  Since ThinkPenguin does have the option to ship a serial
 
%%   adapter with the router, it would be helpful if instructions specific to that
 
%%   adapter were included, as the wiring configuration one should use was unclear.
 
%% * Additionally, instructions for removing the router's case should be included.
 
%%   We found that the two screws that needed removal to open the case were hidden
 
%%   underneath rubber feet on the case.  Indicating which feet need removal to
 
%%   unscrew the case would be helpful.  The instructions should also note that the
 
%%   case needs to be carefully separated once the screws are removed; it
 
%%   effectively snaps apart, but care must be taken to avoid breaking the plastic
 
%%   fasteners that keep the case together after the screws are removed.
 
\section{U-Boot Installation}
 

	
 
The U-Boot installation process is substantially more complicated than the
 
firmware update.  The investigator purchased the optional serial cable
 
along with the TPE-NWIFIROUTER, in order to complete the U-Boot installation
 
per the instructions in ``u-boot\verb0_0reflash''.
 

	
 
However, the investigator was only able to read data from the serial port; the
 
investigator was unable to send key events via the serial port so the U-Boot
 
console could not be accessed in that way.  The investigator did find another
 
way of accessing the U-Boot console, though, which was used to complete the
 
U-Boot installation and verification.  The likely issue with the serial port was
 
initial mis-wiring of the serial connector, causing the receive pin to be
 
permanently disabled.  Here are the steps the investigator tried, including the
 
alternate method of installation that did not require the serial console:
 

	
 
\begin{itemize}
 

	
 
\item The investigator found the serial cable included was a USB serial adapter
 
that had a male USB type A connector on one end and 4 female jumper wires at the
 
other end.  These female jumper wires were red, black, white, and green.
 

	
 
\item The instructions did not specify how to connect these wires, but the
 
investigator was able to determine this in part using the "v8.4" image (close to
 
the "v8.2" version string the investigator found on the bottom of the router) at
 
\url{http://wiki.openwrt.org/toh/tp-link/tl-wr841nd#serial.console} .  Aside
 
from power and ground (red and black), the investigator did have to guess which
 
of the wires was RX and TX.  By experimentation the investigator found that
 
green was RX and white was TX.  When the investigator tried the other way, no
 
data was received to the serial console at boot time.  While determining which
 
wires connected to which pins, the investigator may have connected the power pin
 
to the RX pin; this could explain why the receive (RX) pin later failed to work.
 

	
 
\item The investigator did have to use the included jumper pin gender changer
 
with the USB serial adapter, which the investigator put through the holes on the
 
router's mainboard and then connected to the USB serial adapter.  The fit was
 
fairly loose so it would be nice if future router versions included a tighter
 
gender changer or (ideally) had the jumper pins soldered onto the board to begin
 
with (so no gender changer would be required).  Since the serial cable is not
 
strictly required for U-Boot installation (see below), this may not be issue.
 

	
 
\item The investigator used 115200 8N1 as the serial console setting (with no
 
hardware or software flow control).  This was tested with both the
 
\verb0minicom0 and \verb0screen0 commands.  The investigator found that if all 4
 
wires were connected on the USB serial adapter that the router would start
 
without additional power and the console would receive the startup messages.
 
The investigator could replicate the same behavior by omitting the power cable
 
from the USB serial adapter (red wire) and connecting the main power adapter to
 
the router instead.
 

	
 
\item While the investigator did see the U-Boot and kernel boot logs in the
 
serial console, the investigator was unable to interrupt the boot process as
 
u-boot\verb0_0reflash indicated one should.  This is likely related to the
 
accidental connection of power to the RX pin mentioned earlier, which may have
 
disabled the pin, preventing the serial port on the router from receiving the
 
commands sent to it.
 

	
 
\item The investigator then contacted one of the libreCMC developers to
 
determine what the serial console issue might be and whether there was an
 
alternate way to install U-Boot that did not rely on the serial console working.
 
The developer agreed the the receive pin had likely been disabled so a different
 
installation method would be needed.  The developer indicated that the console
 
could be accessed via \verb0netcat0 when the router was booted into a special
 
mode by holding the reset button on the router for 7 seconds after turning on
 
the router.
 

	
 
\item The investigator turned on the router while pressing reset as mentioned
 
above and then ran \verb0nc -u -p 6666 192.168.1.1 66660 on the desktop that was
 
connected to the router (after changing its IP address to 192.168.1.2).  After
 
pressing Enter, a \verb0uboot>0 prompt appeared and the investigator was able to
 
confirm the running version by typing \verb0version0 to which the router
 
responded with "U-Boot 1.1.4  (Jul 28 2014)".
 

	
 
\item A TFTP server was then setup according to step 1 of the U-Boot
 
installation steps in u-boot\verb0_0reflash.  These instructions did not
 
explicitly state that the U-Boot image mentioned in step 4 of the build
 
instructions should be placed in /srv/tftp, but this was evident based on the
 
instructions that followed.  This should be corrected in a future version of
 
u-boot\verb0_0reflash but, because it was straight-forward based on the context,
 
did not amount to a compliance issue.
 

	
 
\item The u-boot\verb0_0reflash steps were then followed starting at step 4,
 
using the \verb0netcat0 console rather than the serial console (described in
 
steps 2 and 3).  The U-Boot image was downloaded onto the device and then copied
 
over top of the old U-Boot image.  The router was then restarted with the
 
\verb0reset0 command.
 

	
 
\item Since the serial cable was still connected, the investigator noticed at
 
startup that U-Boot now printed "U-Boot 1.1.4  (Oct 17 2014)" as its version
 
string.  This was also confirmed by using the \verb0netcat0 console and the
 
\verb0version0 command, as was previously done above.  The new version string
 
showed that the router was now running the version of U-Boot that the
 
investigator built, rather than the one it was shipped with, thus fulfilling the
 
GPL's requirements that one must be able to build and install the software and
 
any modified versions.
 

	
 
\end{itemize}
 

	
 
While the u-boot\verb0_0reflash instructions appear to be functional for those
 
able to use a serial console, we would prefer if these instructions were updated
 
to use the \verb0netcat0 console instead.  This provides a number of advantages,
 
such as no requirement for additional hardware to install a new version of
 
U-Boot, and less chance of mis-configuring one's serial connector (which would
 
reduce the risk of damage to the router).  The existing instructions appear to
 
be compliant without modification; this suggestion would merely make it easier
 
for users to take advantage of the freedoms provided to them by U-Boot and the
 
rest of the system.
 

	
 
\section{Firmware Comparison}
 

	
 
To ensure the CCS did indeed correspond to the firmware original
 
installed on the TPE-NWIFIROUTER, the investigator compared the built
 
firmware image with the filesystem originally found on the device itself.
 
The comparison steps were as follows:
 

	
 
\begin{enumerate}
 
  
 
\item Extract the filesystem from the image we built by running
 
  \href{https://gitorious.org/copyleft-org/gpl-compliance-scripts/source/master:find-firmware.pl}{find-firmware.pl}
 
  on ``bin/ar71xx/librecmc-ar71xx-generic-tl-wr841n-v8-squashfs-factory.bin''
 
  and then running
 
  \href{http://www.binaryanalysis.org/en/content/show/download}{bat-extratools}'
 
  ``squashfs4.2/squashfs-tools/bat-unsquashfs42'' on the resulting
 
  morx0.squash, using the filesystem in the new squashfs-root directory for
 
  comparison.
 

	
 
\item Login to the router's web interface (at \url{http://192.168.10.1/ }) from a computer that is
 
  connected to the router.
 
  
 
\item Set a password using the provided link at the top (since the router's
 
  UI warns that no password is set and asks the user to change it).
 
  
 
\item Login to the router via SSH, using the root user with the
 
  aforementioned password.
 
  
 
\item Compare representative directory listings and binaries to ensure the set of
 
  included files (on the router) is similar to those found in the firmware image
 
  we created (whose contents are now in the local squashfs-root directory).  In
 
  particular, we did the following comparisons:
 

	
 
  \begin{enumerate}
 
  \item List the /bin folder (``ls -l /bin'') and confirm the list of files is the same
 
    and that the file sizes are similar.
 
    
 
  \item Check the ``strings'' output of ``/bin/busybox'' to confirm it is similar in both
 
   places (similar number of lines and content of lines).  (One cannot directly
 
   compare the binaries because the slight compilation variations will cause
 
   some bits to be different.)
 
 \item Do the above two steps for ``/lib/modules'', ``/usr/bin'', and other directories with
 
   a significant number of binaries.
 
   
 
 \item Check that the kernel is sufficiently similar.  The investigator
 
   compared the "dmesg" output both before and after flashing the new
 
   firmware.  As the investigator expected, the kernel version string was
 
   similar, but had a different build date and user@host indicator.  (The
 
   kernel binary itself is not easily accessible from an SSH login, but was
 
   retrievable using the U-Boot console (the start address of the kernel in
 
   flash appears to be 0x9F020000, based on the boot messages seen in the
 
   serial console).
 
  \end{enumerate}
 
\end{enumerate}
 

	
 
\section{Minor Annoyances}
 

	
 
As discussed in detail above, there were a few minor annoyances, none of
 
which were GPL violations.  Rather, the annoyances briefly impeded the
 
build and installation.  However, the investigator, as a reasonably skilled
 
build engineer for embedded devices, was able to complete the process with
 
the instructions provided.
 

	
 
To summarize, no GPL compliance issues were found, and the CCS release was
 
one of the best ever reviewed by an investigator.  However, the following
 
annoyances were discovered:
 

	
 
\begin{itemize}
 
\item Failure to explain how to extract the source tarball and then where to run the
 
  ``make'' command.
 
\item Failure to explain how to install the kernel and root filesystem on the
 
  device; the user must assume the web UI must be used.
 

	
 
\item Including pre-built toolchain binaries that don't work on all systems,
 
  and failure to put built toolchain binaries in the right location.
 
\end{itemize}
 

	
 
\section{Lessons Learned}
 

	
 
Companies that seek to redistribute copylefted software can benefit greatly
 
from ThinkPenguin's example.  Here are just a few of the many lessons that
 
can be learned here:
 

	
 
\begin{enumerate}
 

	
 
\item Even though copyleft licenses have them,
 
  \hyperref[thinkpenguin-included-ccs]{\bf avoid the offer-for-source
 
    provisions.}  Not only does including the CCS alongside binary
 
  distribution make violation investigation and compliance confirmation
 
  substantially easier, but more importantly it also
 
  \hyperref[offer-for-source]{completes the distributor's CCS compliance
 
    obligations at the time of distribution} (provided, of course, that the
 
  distributor is otherwise in compliance with copyleft).
 
  
 
\item {\bf Include top-level build instructions in a natural language (such
 
  as English) in a \hyperref[thinkpenguin-toplevel-readme]{clear and
 
    conspicuous place}.}  Copyleft licenses require that someone reasonably
 
  skilled in the art can reproduce your work.  Ultimately, sometimes
 
  instructions written in English are necessary, and often easier than trying
 
  to write programmed scripts to do everything.  The ``script'' included can
 
  certainly be more like the script of a play and less like a Bash script.
 

	
 
\item {\bf Write build/install instructions to the appropriate level of
 
  specificity}.  The upstream engineers
 
  in this case study \hyperref[thinkpenguin-specific-host-system]{clearly did
 
    additional work to ensure functionality on a wide variety of host build
 
    systems}; this is quite rare.  When in doubt, include the maximum level
 
  of detail build engineers can provide with the CCS instructions.
 

	
 
\item {\bf Seek to adhere to the spirit of copyleft, not just the letter of
 
  the license}.  ThinkPenguin uses encouragement of  users to improve and
 
  make their devices better as a commercial differentiator.  Copyleft advocates
 
  remain baffled as to why other companies have not realized how the large the
 
  market for
 
  users who seek hackable devices continues to grow.  By going beyond the
 
  mere minimal requirements of GPL, companies can immediately reap the
 
  benefits in that target market.
 
  
 
\end{enumerate}
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
\chapter{Bortez: Modified GCC SDK}
 

	
 
In our first case study, we will consider Bortez, a company that
 
produces software and hardware toolkits to assist OEM vendors, makers
 
of consumer electronic devices.
 

	
 
\section{Facts}
 

	
 
One of Bortez's key products is a Software Development Kit (``SDK'')
 
designed to assist developers building software for a specific class of
 
consumer electronics devices.
 

	
 
FSF received a report that the SDK may be based on the GNU Compiler
 
Collection (which is an FSF-copyrighted collection of tools for software
 
development in C, C++ and other popular languages). FSF investigated the
 
claim, but was unable to confirm the violation. The violation reporter
 
was unresponsive to follow-up requests for more information.
 

	
 
Since FSF was unable to confirm the violation, we did not pursue it any
 
further. Bogus reports do happen, and we do not want to burden companies
 
with specious GPL violation complaints. FSF shelved the matter until
 
more evidence was discovered.
 

	
 
FSF was later able to confirm the violation when two additional reports
 
surfaced from other violation reporters, both of whom had used the SDK
 
professionally and noticed clear similarities to FSF's GNU GCC\@. FSF's
 
Compliance Engineer asked the reporters to run standard tests to confirm
 
the violation, and it was confirmed that Bortez's SDK was indeed a
 
modified version of GCC\@. Bortez had ported to Windows and added a number
 
of features, including support for a specific consumer device chipset and
 
additional features to aid in the linking process (``LP'') for those
 
specific devices. FSF explained the rights that the GPL afforded these
 
customers and pointed out, for example, that Bortez only needed to provide
 
source to those in possession of the binaries, and that the users may need
 
to request that source (if \S 3(b) was exercised). The violators
 
confirmed that such requests were not answered.
 

	
 
FSF brought the matter to the attention of Bortez, who immediately
 
escalated the matter to their attorneys. After a long negotiation,
 
Bortez acknowledged that their SDK was indeed a modified version of
 
GCC\@. Bortez released most of the source, but some disagreement
 
occurred over whether LP was also derivative of GCC\@. After repeated
 
FSF inquiries, Bortez reaudited the source to discover that FSF's
 
analysis was correct. Bortez determined that LP included a number of
 
source files copied from the GCC code-base.
 

	
 
\label{davrik-build-problems}
 
Once the full software release was made available, FSF asked the violation
 
reporters if it addressed the problem. Reports came back that the source
 
did not properly build. FSF asked Bortez to provide better build
 
instructions with the software, and such build instructions were
 
incorporated into the next software release.
 

	
 
At FSF's request as well, Bortez informed customers who had previously
 
purchased the product that the source was now available by announcing
 
the availability on its Web site and via a customer newsletter.
 

	
 
Bortez did have some concerns regarding patents. They wished to include a
 
statement with the software release that made sure they were not granting
 
any patent permission other than what was absolutely required by the GPL\@.
 
They understood that their patent assertions could not trump any rights
 
granted by the GPL\@. The following language was negotiated into the release:
 

	
 
\begin{quotation}
 
Subject to the qualifications stated below, Bortez, on behalf of itself
 
and its Subsidiaries, agrees not to assert the Claims against you for your
 
making, use, offer for sale, sale, or importation of the Bortez's GNU
 
Utilities or derivative works of the Bortez's GNU Utilities
 
(``Derivatives''), but only to the extent that any such Derivatives are
 
licensed by you under the terms of the GNU General Public License. The
 
Claims are the claims of patents that Bortez or its Subsidiaries have
 
standing to enforce that are directly infringed by the making, use, or
 
sale of an Bortez Distributed GNU Utilities in the form it was distributed
 
by Bortez and that do not include any limitation that reads on hardware;
 
the Claims do not include any additional patent claims held by Bortez that
 
cover any modifications of, derivative works based on or combinations with
 
the Bortez's GNU Utilities, even if such a claim is disclosed in the same
 
patent as a Claim. Subsidiaries are entities that are wholly owned by
 
Bortez.
 

	
 
This statement does not negate, limit or restrict any rights you already
 
have under the GNU General Public License version 2.
 
\end{quotation}
 

	
 
This quelled Bortez's concerns about other patent licensing they sought to
 
do outside of the GPL'd software, and satisfied FSF's concerns that Bortez
 
give proper permissions to exercise teachings of patents that were
 
exercised in their GPL'd software release.
 

	
 
Finally, a GPL Compliance Officer inside Bortez was appointed to take
 
responsibility for all matters of GPL compliance inside the company.
 
Bortez is responsible for informing FSF if the position is given to
 
someone else inside the company, and making sure that FSF has direct
 
contact with Bortez's Compliance Officer.
 

	
 
\section{Lessons}
 

	
 
This case introduces a number of concepts regarding GPL enforcement.
 

	
 
\begin{enumerate}
 

	
 
\item {\bf Enforcement should not begin until the evidence is confirmed.}
 
  Most companies that distribute GPL'd software do so in compliance, and at
 
  times, violation reports are mistaken. Even with extensive efforts in
 
  GPL education, many users do not fully understand their rights and the
 
  obligations that companies have. By working through the investigation
 
  with reporters, the violation can be properly confirmed, and {\bf the
 
    user of the software can be educated about what to expect with GPL'd
 
    software}. When users and customers of GPL'd products know their
 
  rights, what to expect, and how to properly exercise their rights
 
  (particularly under \S 3(b)), it reduces the chances for user
 
  frustration and inappropriate community outcry about an alleged GPL
 
  violation.
 

	
 
\item {\bf GPL compliance requires friendly negotiation and cooperation.}
 
  Often, attorneys and managers are legitimately surprised to find out
 
  GPL'd software is included in their company's products. Engineers
 
  sometimes include GPL'd software without understanding the requirements.
 
  This does not excuse companies from their obligations under the license,
 
  but it does mean that care and patience are essential for reaching GPL
 
  compliance. We want companies to understand that participating and
 
  benefiting from a collaborative Free Software community is not a burden,
 
  so we strive to make the process of coming into compliance as smooth as
 
  possible.
 

	
 
\item {\bf Confirming compliance is a community effort.}  The whole point
 
  of making sure that software distributors respect the terms of the GPL is to
 
  allow a thriving software sharing community to benefit and improve the
 
  work. FSF is not the expert on how a compiler for consumer electronic
 
  devices should work. We therefore inform the community who originally
 
  brought the violation to our attention and ask them to assist in
 
  evaluation and confirmation of the product's compliance. Of course, FSF
 
  coordinates and oversees the process, but we do not want compliance for
 
  compliance's sake; rather, we wish to foster a cooperating community of
 
  development around the Free Software in question, and encourage the
 
  once-violator to begin participating in that community.
 

	
 
\item {\bf Informing the harmed community is part of compliance.} FSF asks
 
  violators to make some attempt --- such as via newsletters and the
 
  company's Web site --- to inform those who already have the products as
 
  to their rights under the GPL\@. One of the key thrusts of the GPL's \S 1 and
 
  \S 3 is to {\em make sure the user knows she has these rights\/}. If a
 
  product was received out of compliance by a customer, she may never
 
  actually discover that she has such rights. Informing customers, in a
 
  way that is not burdensome but has a high probability of successfully
 
  reaching those who would seek to exercise their freedoms, is essential
 
  to properly remedy the mistake.
 

	
 
\item {\bf Lines between various copyright, patent, and other legal
 
  mechanisms must be precisely defined and considered.}  The most
 
  difficult negotiation point of the Bortez case was drafting language
 
  that simultaneously protected Bortez's patent rights outside of the
 
  GPL'd source, but was consistent with the implicit patent grant in
 
  the GPL\@. As we discussed in the first course of this series, there is
 
  indeed an implicit patent grant with the GPL, thanks to \S 6 and \S 7.
 
  However, many companies become nervous and wish to make the grant
 
  explicit to assure themselves that the grant is sufficiently narrow for
 
  their needs. We understand that there is no reasonable way to determine
 
  what patent claims read on a company's GPL holdings and which do not, so
 
  we do not object to general language that explicitly narrows the patent
 
  grant to only those patents that were, in fact, exercised by the GPL'd
 
  software as released by the company.
 

	
 
\end{enumerate}
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
\chapter{Bracken: a Minor Violation in a GNU/Linux Distribution}
 

	
 
In this case study, we consider a minor violation made by a company whose
 
knowledge of the Free Software community and its functions is deep.
 

	
 
\section{The Facts} 
 

	
 
Bracken produces a GNU/Linux operating system product that is sold
 
primarily to OEM vendors to be placed in appliance devices used for a
 
single purpose, such as an Internet-browsing-only device. The product
 
is almost 100\% Free Software, mostly licensed under the GPL and related
 
Free Software licenses.
 

	
 
FSF found out about this violation through a report first posted on a
 
  Slashdot\footnote{Slashdot is a popular news and discussion site for
 
  technical readers.} comment, and then it was brought to our attention again
 
  by another Free Software copyright holder who had discovered the
 
  same violation.
 

	
 
Bracken's GNU/Linux product is delivered directly from their Web site.
 
This allowed FSF engineers to directly download and confirm the
 
violation quickly. Two primary problems were discovered with the
 
online distribution:
 

	
 
\begin{itemize}
 

	
 
\item No source code nor offer for source code was provided for a number
 
  of components for the distributed GNU/Linux system; only binaries were
 
  available
 

	
 
\item An End User License Agreement (``EULA'') was included that
 
  contradicted the permissions granted by the GPL\@
 

	
 
\end{itemize}
 

	
 
FSF contacted Bracken and gave them the details of the violation. Bracken
 
immediately ceased distribution of the product temporarily and set forth
 
a plan to bring themselves back into compliance. This plan included the
 
following steps:
 

	
 
\begin{itemize}
 

	
 
\item Bracken attorneys would rewrite the EULA to comply with the GPL and
 
  would vet the new EULA through FSF before use
 

	
 
\item Bracken engineers would provide source side-by-side with the
 
  binaries for the GNU/Linux distribution on the site (and on CD's, if
 
  ever they distributed that way)
 

	
 
\item Bracken attorneys would run an internal seminar for its engineers
 
  regarding proper GPL compliance to help ensure that such oversights
 
  regarding source releases would not occur in the future
 

	
 
\item Bracken would resume distribution of the product only after FSF
 
  formally restored Bracken's distribution rights
 
\end{itemize}
 

	
 
This case was completed in about a month. FSF approved the new EULA
 
text. The key portion in the EULA relating to the GPL read as follows:
 

	
 
\begin{quotation}
 
Many of the Software Programs included in Bracken Software are distributed
 
under the terms of agreements with Third Parties (``Third Party
 
Agreements'') which may expand or limit the Licensee's rights to use
 
certain Software Programs as set forth in [this EULA]. Certain Software
 
Programs may be licensed (or sublicensed) to Licensee under the GNU
 
General Public License and other similar license agreements listed in part
 
in this section which, among other rights, permit the Licensee to copy,
 
modify and redistribute certain Software Programs, or portions thereof,
 
and have access to the source code of certain Software Programs, or
 
portions thereof. In addition, certain Software Programs, or portions
 
thereof, may be licensed (or sublicensed) to Licensee under terms stricter
 
than those set forth in [this EULA]. The Licensee must review the
 
electronic documentation that accompanies certain Software Programs, or
 
portions thereof, for the applicable Third Party Agreements. To the
 
extent any Third Party Agreements require that Bracken provide rights to
 
use, copy or modify a Software Program that are broader than the rights
 
granted to the Licensee in [this EULA], then such rights shall take
 
precedence over the rights and restrictions granted in this Agreement
 
solely for such Software Programs.
 
\end{quotation}
 

	
 
FSF restored Bracken's distribution rights shortly after the work was
 
completed as described.
 

	
 
\section{Lessons Learned}
 

	
 
This case was probably the most quickly and easily resolved of all GPL
 
violations in the history of FSF's Compliance Lab. The ease with which
 
the problem was resolved shows a number of cultural factors that play a
 
role in GPL compliance.
 

	
 
\begin{enumerate}
 

	
 
\item {\bf Companies that understand Free Software culture better have an
 
  easier time with compliance.}  Bracken's products were designed and
 
  built around the GNU/Linux system and Free Software components. Their
 
  engineers were deeply familiar with the Free Software ecosystem, and
 
  their lawyers had seen and reviewed the GPL before. The violation was
 
  completely an honest mistake. Since the culture inside the company had
 
  already adapted to the cooperative style of resolution in the Free
 
  Software world, there was very little work for either party to bring the
 
  product into compliance.
 

	
 
\item {\bf When people in key positions understand the Free Software
 
  nature of their software products, compliance concerns are as
 
  mundane as minor software bugs.}  Even the most functional system or
 
  structure has its problems, and successful business often depends on
 
  agile response to the problems that do come up; avoiding problems
 
  altogether is a pipe dream. Minor GPL violations can and do happen
 
  even with well-informed redistributors. However, resolution is
 
  reached quickly when the company --- and in particular, the lawyers,
 
  managers, and engineers working on the Free Software product lines
 
  --- have adapted to Free Software culture that the lower-level
 
  engineer already understood
 

	
 
\item {\bf Legally, distribution must stop when a violation is
 
  identified.}  In our opinion, Bracken went above and beyond the call of
 
  duty by ceasing distribution while the violation was being resolved.
 
  Under GPL \S 4, the redistributor loses the right to distribute the
 
  software, and thus they are in ongoing violation of copyright law if
 
  they distribute before rights are restored. It is FSF's policy to
 
  temporarily allow distribution while compliance negotiations are ongoing
 
  and only in the most extreme cases (where the other party appears to be
 
  negotiating in bad faith) does FSF even threaten an injunction on
 
  copyright grounds. However, Bracken --- as a good Free Software citizen
 
  --- chose to be on the safe side and do the legally correct thing while
 
  the violation case was pending. From start to finish, it took less
 
  than a month to resolve. This lapse in distribution did not, to FSF's
 
  knowledge, impact Bracken's business in any way.
 

	
 
\item {\bf EULAs are a common area for GPL problems.}  Often, EULAs
 
  are drafted from boilerplate text that a company uses for all its
 
  products. Even the most diligent attorneys forget or simply do not
 
  know that a product contains software licensed under the GPL and other
 
  Free Software licenses. Drafting a EULA that accounts for such
 
  licenses is straightforward; the text quoted above works just fine.
 
  The EULA must be designed so that it does not trump rights and
 
  permissions already granted by the GPL\@. The EULA must clearly state
 
  that if there is a conflict between it and the GPL, with regard to GPL'd
 
  code, the GPL is the overriding license.
 

	
 
\item {\bf Compliance Officers are rarely necessary when companies are
 
  educated about GPL compliance.}  As we saw in the Bortez case, FSF asks
 
  that a formal ``GPL Compliance Officer'' be appointed inside a
 
  previously violating organization to shepherd the organization to a
 
  cooperative approach to GPL compliance. However, when FSF
 
  sees that an organization already has such an approach, there is no
 
  need to request that such an officer be appointed.
 

	
 
\end{enumerate}
 

	
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
\chapter{Vigorien: Security, Export Controls, and GPL Compliance}
 

	
 
This case study introduces how concerns of ``security through obscurity''
 
and regulatory problems can impact GPL compliance matters.
 

	
 
\section{The Facts}
 

	
 
Vigorien distributes a back-up solution product that allows system
 
administrators to create encrypted backups of file-systems on
 
Unix-like computers. The product is based on GNU tar, a backup utility
 
that replaces the standard Unix utility simply called tar, but has
 
additional features.
 

	
 
Vigorien's backup solution added cryptographic features to GNU tar, and
 
included a suite of utilities and graphical user interfaces surrounding
 
GNU tar to make backups convenient.
 

	
 
FSF discovered the violation from a user report, and determined that the
 
cryptographic features were the only part of the product that constituted
 
a derivative work of GNU tar; the extraneous utilities merely made
 
shell calls out to GNU tar. FSF requested that Vigorien come into
 
compliance with the GPL by releasing the source of GNU tar, with the
 
cryptographic modifications, to its customers.
 

	
 
Vigorien released the original GNU tar sources, but kept the cryptographic
 
modifications proprietary. They argued that the security of their system
 
depending on keeping the software proprietary and that regardless, USA
 
export restrictions on cryptographic software prohibited such a release.
 
FSF disputed the first claim, pointing out that Vigorien had only one
 
option if they did not want to release the source: they would have to
 
remove GNU tar from the software and not distribute it further. Vigorien
 
rejected this suggestion, since GNU tar was an integral part of the
 
product, and the security changes were useless without GNU tar.
 

	
 
Regarding the export control claims, FSF proposed a number of options,
 
including release of the source from one of Vigorien's divisions overseas
 
where no such restrictions occurred, but Vigorien argued that the problem
 
was insoluble because they operated primarily in the USA\@.
 

	
 
The deadlock on the second issue was resolved when those cryptographic
 
export restrictions were lifted shortly thereafter, and FSF again raised
 
the matter with Vigorien. At that point, they dropped the first claim and
 
agreed to release the remaining source module to their customers. They
 
did so, and the violation was resolved.
 

	
 

	
 
\section{Lessons Learned}
 

	
 
\begin{enumerate}
 

	
 
\item {\bf Removing the GPL'd portion of the product is always an
 
  option.}  Many violators' first response is to simply refuse to
 
  release the source code as the GPL requires. FSF offers the option to
 
  simply remove the GPL'd portions from the product and continue along
 
  without them. Every case where this has been suggested has led to
 
  the same conclusion. Like Vigorien, the violator argues that the
 
  product cannot function without the GPL'd components, and they
 
  cannot effectively replace them.
 

	
 
  Such an outcome is simply further evidence that the combined work in
 
  question is indeed a modified version of the original GPL'd component.
 
  If the other components cannot stand on their own and be useful without
 
  the GPL'd portions, then one cannot effectively argue that the work as a
 
  whole is not a based on the GPL'd portions.
 

	
 
\item {\bf The whole product is not always covered.}  In this case,
 
  Vigorien had additional works aggregated. The backup system was a suite
 
  of utilities, some of which were the GPL and some of which were not. While
 
  the cryptographic routines were tightly coupled with GNU tar and clearly
 
  made a whole new combined work of both components, the various GUI utilities were separate and
 
  independent works merely aggregated with the distribution of the
 
  GNU-tar-based product.
 

	
 

	
 
\item {\bf ``Security'' concerns do not exonerate a distributor from GPL
 
  obligations, and ``security through obscurity'' does not work anyway.}
 
  The argument that ``this is security software, so it cannot be released
 
  in source form'' is not a valid defense for explaining why the terms of
 
  the GPL are ignored. If companies do not want to release source code
 
  for some reason, then they should not base the work on GPL'd software.
 
  No external argument for noncompliance can hold weight if the work as
 
  a whole is indeed a modified version of a GPL'd program.
 

	
 
  The ``security concerns'' argument is often floated as a reason to keep
 
  software proprietary, but the computer security community has on
 
  numerous occasions confirmed that such arguments are entirely specious.
 
  Security experts have found --- since the beginnings of the field of
 
  cryptography in the ancient world --- that sharing results about systems
 
  and having such systems withstand peer review and scrutiny builds the
 
  most secure systems. While full disclosure may help some who wish to
 
  compromise security, it helps those who want to fix problems even more
 
  by identifying them early.
 

	
 
\item {\bf External regulatory problems can be difficult to resolve.}
 
  The GPL, though grounded in copyright law, does not have the power to trump
 
  regulations like export controls. While Vigorien's ``security
 
  concerns'' were specious, their export control concerns were not. It is
 
  indeed a difficult problem that FSF acknowledges. We want compliance
 
  with the GPL and respect for users' freedoms, but we certainly do not expect
 
  companies to commit criminal offenses for the sake of compliance. We
 
  will see more about this issue in our next case study.
 
\end{enumerate}
 

	
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
\chapter{Haxil, Polgara, and Thesulac: Mergers, Upstream Providers and Radio Devices}
 

	
 
This case study considers an ongoing (at the time of writing) violation
 
that has occurred. By the end of the investigation period, three
 
companies were involved and many complex issues arose.
 

	
 
\section{The Facts}
 

	
 
Haxil produced a consumer electronics device which included a mini
 
GNU/Linux distribution to control the device. The device was of interest
 
to many technically-minded consumers, who purchased the device and very
 
quickly discovered that Free Software was included without source.
 
Mailing lists throughout the Free Software community erupted with
 
complaints about the problem, and FSF quickly investigated.
 

	
 
FSF confirmed that FSF-copyrighted GPL'd software was included. In
 
addition, the whole distribution included GPL'd works from hundreds of
 
individual copyright holders, many of whom were, at this point, up in
 
arms about the violation.
 

	
 
Meanwhile, Haxil was in the midst of being acquired by Polgara. Polgara
 
was as surprised as everyone else to discover the product was based on
 
GPL'd software; this fact had not been part of the disclosures made during
 
acquisition. FSF contacted Haxil, Polgara, and the product managers
 
who had transitioned into the ``Haxil division'' of the newly-merged
 
Polgara company. Polgara's General Counsel's office worked with FSF on
 
the matter.
 

	
 
FSF formed a coalition with the other primary copyright holders
 
to pursue the enforcement effort on their behalf. FSF communicated
 
directly with Polgara's representatives to begin working through the
 
issues on behalf of itself and the Free Software community at large.
 

	
 
Polgara pointed out that the software distribution they used was mostly
 
contributed by an upstream provider, Thesulac, and Haxil's changes to that
 
code base were minimal. Polgara negotiated with Thesulac to obtain the
 
source, although the issue moved very slowly in the channels between
 
Polgara and Thesulac.
 

	
 
FSF encouraged a round-table meeting so that high bandwidth communication
 
could occur between FSF, Polgara and Thesulac. Polgara and Thesulac
 
agreed, and that discussion began. Thesulac provided nearly complete
 
sources to Polgara, and Polgara made a full software release on their
 
Web site. At the time of writing, that software still has some build
 
problems (similar to those that occurred with Bortez, as described in
 
Section~\ref{davrik-build-problems}). FSF continues to negotiate with
 
Polgara and Thesulac to resolve these problems, which have a clear path to
 
a solution and are expected to resolve.
 

	
 
Similar to the Vigorien case, Thesulac has regulatory concerns. In this
 
case, it is not export controls --- an issue that has since been resolved
 
--- but radio spectrum regulation. Since this consumer electronic device
 
contains a software-programmable radio transmitter, regulations in (at
 
least) the USA and Japan prohibit release of those portions of the code
 
that operate the device. Since this is a low-level programming issue, the
 
changes to operate the device form a single combined work with the kernel named
 
Linux.  A decade later, this situation remains largely unresolved.
 

	
 
\section{Lessons Learned}
 

	
 
\begin{enumerate}
 

	
 
\item {\bf Community outrage, while justified, can often make negotiation
 
  more difficult.}  FSF has a strong policy never to publicize names of
 
  GPL violators if they are negotiating in a friendly way and operating in
 
  good faith toward compliance. Most violations are honest mistakes, and
 
  FSF sees no reason to publicly admonish violators who genuinely want to
 
  come into compliance with the GPL and to work hard staying in compliance.
 

	
 
  This case was so public in the Free Software community that both Haxil's
 
  and Polgara's representatives were nearly shell-shocked by the time FSF
 
  began negotiations. There was much work required to diffuse the
 
  situation. We empathize with our community and their outrage about GPL
 
  violations, but we also want to follow a path that leads expediently
 
  to compliance. In our experience, public outcry works best as a last
 
  resort, not the first.
 

	
 
\item {\bf For software companies, GPL compliance belongs on a corporate
 
  acquisition checklist. }  Polgara was truly amazed that Haxil had used
 
  GPL'd software in a major new product line but never informed Polgara
 
  during the acquisition process. While GPL compliance is not a
 
  particularly difficult matter, it is an additional obligation that comes
 
  along with the product line. When planning mergers and joint ventures,
 
  one should include lists of GPL'd components contained in the products
 
  discussed.
 

	
 
\item {\bf Compliance problems of upstream providers do not excuse a
 
  violation for the downstream distributor.}  To paraphrase \S 6, upstream
 
  providers are not responsible for enforcing compliance of their
 
  downstream, nor are downstream distributors responsible for compliance
 
  problems of upstream providers. However, engaging in distribution of
 
  GPL'd works out of compliance is still just that: a compliance problem.
 
  When FSF carries out enforcement, we are patient and sympathetic when
 
  the problem appears to be upstream. In fact, we urge the violator to
 
  point us to the upstream provider so we may talk to them directly. In
 
  this case, we were happy to begin negotiations with Thesulac. However,
 
  Polgara still has an obligation to bring their product into compliance,
 
  regardless of Thesulac's response.
 

	
 
\item {\bf It behooves upstream providers to advise downstream
 
  distributors about compliance matters.}  FSF has encouraged Thesulac to
 
  distribute a ``good practices for GPL compliance'' document with their
 
  product. Polgara added various software components to Thesulac's
 
  product, and it is conceivable that such additions can introduce
 
  compliance. In FSF's opinion, Thesulac is in no way legally responsible
 
  for such a violation introduced by their customer, but it behooves them
 
  from a marketing standpoint to educate their customers about using the
 
  product. We can argue whether or not it is your coffee vendor's fault
 
  if you burn yourself with their product, but (likely) no one on either
 
  side would dispute the prudence of placing a ``caution: hot'' label on
 
  the cup.
 

	
 
\item {\bf FSF enforcement often avoids redundant enforcement cases from
 
  many parties.}  Most Free Software systems have hundreds of copyright
 
  holders. Some have thousands. FSF is in a unique position as one of
 
  the largest single copyright holders on GPL'd software and as a
 
  respected umpire in the community, neutrally enforcing the rules of the
 
  GPL road. FSF works hard in the community to convince copyright
 
  holders that consolidating GPL claims through FSF is better for them,
 
  and more likely to yield positive compliance results.
 

	
 
  A few copyright holders engage in the ``proprietary relicensing''
 
  business, so they use GPL enforcement as a sales channel for that
 
  business. FSF, as a community-oriented, not-for-profit organization,
 
  seeks only to preserve the freedom of Free Software in its enforcement
 
  efforts. As it turns out, most of the community of copyright holders
 
  of Free Software want the same thing. Share and share alike is a
 
  simple rule to follow, and following that rule to FSF's satisfaction
 
  usually means you are following it to the satisfaction of the entire
 
  Free Software community.
 

	
 
\end{enumerate}
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 

	
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
% COMMENT OUT THIS CHAPTER.
 
% FIXME: is this material moot now that we include the compliance guide?
 
% Either way, it should be merged into compliance guide.
 
%\chapter{Good Practices for Compliance}
 

	
 
Generally, from the experience of GPL enforcement, we glean the following
 
general practices that can help in GPL compliance for organizations that
 
distribute products based on GPL'd software:
 

	
 
\begin{itemize}
 

	
 
\item Talk to your software engineers and ask them where they got the
 
  components they use in the products they build. Find out if GPL'd
 
  components are present.
 

	
 
\item Teach your engineering staff to pay attention to license documents.
 
  Give them easy-to-follow policies to get approval for using a Free
 
  Software component.
 

	
 
\item Build a ``Free Software Licensing'' committee that handles requests
 
  and questions about the GPL and other Free Software licenses.
 

	
 
\item Add ``What parts of your products are under the GPL or other Free
 
  Software licenses?'' to your checklist of questions to ask when you
 
  consider mergers, acquisitions, or joint ventures.
 

	
 
\item Encourage your engineers to participate collaboratively with GPL'd
 
  software development. The more knowledge about the Free Software world
 
  your organization has, the better equipped it is to deal with this
 
  rapidly changing field.
 

	
 
\item When someone points out a potential GPL violation in one of your
 
  products, do not assume the product line is doomed. The GPL is not a virus;
 
  merely having GPL'd code in one part of a product does not necessarily
 
  mean that every related product must also be GPL'd. And, even if some
 
  software needs to be released that was not before, the product will
 
  surely survive. In FSF's enforcement efforts, we have not yet
 
  seen a product line die because source was released to customers in
 
  compliance with the GPL.
 

	
 
\end{itemize}
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
% LocalWords:  proprietarize redistributors sublicense yyyy Gnomovision EULAs
 
% LocalWords:  Yoyodyne FrontPage improvers Berne copyrightable Stallman's GPLs
 
% LocalWords:  Lessig Lessig's UCITA pre PDAs CDs reshifts GPL's Gentoo glibc
 
% LocalWords:  TrollTech administrivia LGPL's MontaVista OpenTV Mitek Arce DVD
 
% LocalWords:  unprotectable protectable Unfreedonia chipset CodeSourcery Iqtel
 
% LocalWords:  impermissibly Bateman faire minimis Borland uncopyrightable Mgmt
 
% LocalWords:  franca downloadable Bortez Bortez's
 
% LocalWords:  Slashdot sublicensed Vigorien Vigorien's Haxil Polgara
 
% LocalWords:  Thesulac Polgara's Haxil's Thesulac's SDK CD's
0 comments (0 inline, 0 general)