Changeset - 41c72f36e86a
[Not reviewed]
0 1 0
Bradley Kuhn (bkuhn) - 10 years ago 2014-11-09 22:56:35
bkuhn@ebb.org
Slightly reword.
1 file changed with 1 insertions and 1 deletions:
0 comments (0 inline, 0 general)
enforcement-case-studies.tex
Show inline comments
...
 
@@ -132,1402 +132,1402 @@ 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, this is a case study in how copyleft compliance can indeed 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, this
 
particular CCS release described herein is the first ever 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 
 
``barely comply 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\@.}, a few electronics products on the market meet
 
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, and concluding
 
in a final compliance determination.
 
Specifically, this chapter discusses the purchase, CCS provision, and a
 
step-by-step build and installation analysis of a specific, physical,
 
embedded electronics product:
 
\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 its certification process.
 
  The analysis discussed herein was independently performed by Software
 
  Freedom Conservancy without reviewing the FSF's findings.  Thus, this
 
  analysis is ``true to form'', and explains the typical procedures Conservancy
 
  uses when investigating 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
 
copyleft-covered 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 earlier 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}, and exercised
 
\hyperref[GPLv2s3a]{GPLv2\S3(a)} and \hyperref[GPLv3s6]{GPLv3\S6}, rather than
 
using the \hyperref[offer-for-source]{problematic offer for source
 
  provisions}.  This choice not only accelerated the investigation (since there
 
was no CCS offer to ``test''), but also simplified 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 to a
 
desktop GNU/Linux system 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 should
 
begin with a study of the contents of ``README''.  Indeed, that file contained the appropriate
 
details to start the 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'' was the above.
 
This was not a software script, rather the processor for the script was the investigator's own
 
brain --- like a script of a play.  Less glibly stated: instructions written in
 
English are usually necessary for the build and installation operations
 
that demand actual intelligence.
 
In this case, the investigator ascertained the host system requirements
 
for construction of this embedded firmware.
 

	
 
GPL does not give specific guidance on the form or location of
 
``scripts used to control compilation and installation of the executable''
 
and/or ``Installation Information''.  Community-oriented GPL enforcers apply 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.  Fortunately, in this case, the
 
instructions are more abundant and give extra detail.
 

	
 
Nevertheless, these instructions offer more options than the reader
 
typically sees in other CCS candidates.  More typically, top-level build
 
instructions name an exact host distribution to use, such as
 
``Debian 7 installed on an amd64 system with the following packages
 
installed''.  Of course, if the build will fail on any other system,
 
instructions \textit{should} include such details.  However, this CCS builds
 
on a wide range of distributions, and thus it was appropriate (and preferred)
 
that the build instructions do not  specify a specific distribution.
 

	
 
\label{thinkpenguin-specific-host-system}
 

	
 
In this specific case, the developers of the libreCMC project (a Free
 
Software project that forms the base system for the TPE-NWIFIROUTER) 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.
 
Fortunately, it seems such doubts were generally unfounded (although the
 
investigator did find
 
\hyperref[thinkpenguin-glibc-214-issue]{a minor annoyance that could be
 
  resolved with more detailed instructions}).
 

	
 
Anyway, since these instructions did not specify a specific host system, the
 
investigator simply used his own amd64 Debian GNU/Linux 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 so-state, but the CCS filesystem
 
layout met the reasonableness standard; the skilled investigator 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 exceeds GPL's requirements.
 
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''), GPL
 
does not require specific instructions explaining how to undertake
 
modifications.  This specific 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.
 

	
 
In light of such experiences, the investigator speculated that ThinkPenguin's engineers did
 
the most important step in self-CCS verification: test 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.  Fortunately,
 
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.  The investigator would prefer instructions such as
 
those found at
 
\url{http://librecmc.org/librecmc/wiki?name=Tp+MR3020}{instructions similar
 
  to these} in the README itself; however, application of the reasonableness
 
standard here again indicates compliance, since a knowledgeable user can easily
 
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''.  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 fact 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 host architecture, and
 
   the investigator simply removed ``toolchain/bin'' and created 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 the ``Kernel Log''
 
section of the web 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 serial cable
 
along with the TPE-NWIFIROUTER, in order to complete the U-Boot installation
 
per the instructions in ``u-boot\verb0_0reflash'' in its section ``Installing
 
u-boot to your router'', which reads:
 

	
 
\begin{quotation}
 
  \begin{enumerate}
 

	
 
    \item Install and configure any TFTP server on your PC (tftp-hpa).
 
       Set a fixed IP address on your PC \ldots and connect it to the router,
 
       using RJ45 network cable \ldots
 

	
 
 \item Connect USB to UART adapter to the router and start any application to
 
   communicate with it, like PuTTY. \ldots
 

	
 
   \item Power on the router, wait for a line like one of the following and
 
     interrupt the process of loading a kernel:
 
\begin{verbatim}
 
 Autobooting in 1 seconds
 
      (for most TP-Link routers, you should enter tpl at this point)
 
Hit ESC key to stop autoboot: 1 (for 8devices Carambola 2, use ESC key)
 
 Hit any key to stop autoboot: 1 (for D-Link DIR-505, use any key)
 
\end{verbatim}
 
\item   Set ipaddr and serverip environment variables:
 
\lstset{tabsize=2}
 
\begin{lstlisting}
 
    hornet> setenv ipaddr 192.168.1.1
 
    hornet> setenv serverip 192.168.1.2
 
\end{lstlisting}
 

	
 
  \end{enumerate}
 
\end{quotation}
 

	
 

	
 
%FIXME: image of the serial cable available anywhere to put here:
 
%  https://www.adafruit.com/images/970x728/954-02.jpg
 

	
 
The investigator used the purchased serial cable, which was a USB serial
 
adapter with a male USB type A connector to 4 female jumper wires.  The
 
female jumper wires were red, black, white, and green.
 

	
 
The instructions here were slightly incomplete, since they did not specify
 
how to connect the wires to the router.  However, the investigator found
 
general information available online at
 
\url{http://wiki.openwrt.org/toh/tp-link/tl-wr841nd#serial.console} which
 
described the proper procedure.  While the ``power'' and ``ground'' cables
 
were obvious, some trial and error was necessary to find the RX and TX
 
cables, but this was easily determined since miswiring TX and RX yields no
 
I/O and proper wiring yields the output as expected.  Using the pin gender
 
changer included with the adapter, the investigator was able to stably wire
 
the pins for use once the proper RX and TX connections were determined.
 

	
 
The investigator then used the recommended 115200 8N1 for serial console
 
settings, leaving all flow control off, and tested both with 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.
 

	
 
At this point, the on-screen messages as described in the installation
 
instructions appeared, but the investigator found that no key events sent via
 
the serial port appeared to reach the U-Boot console.  In other words, while
 
the investigator saw both U-Boot and kernel boot messages in the serial
 
console, the investigator was unable to interrupt the boot process as
 
instructed by ``u-boot\verb0_0reflash''.  Hitting a key simply did
 
\textit{not} interrupt the boot process and yield the \verb0hornet>0 prompt.
 

	
 
After additional trial and error over a period of hours, the investigator had
 
finally to consider this question for the first time during the process:
 
``Has ThinkPenguin violated the GPL?'' More specifically, the immediate
 
question was: ``Given this failure, has the distributor met
 
\hyperref[GPLv2s3-build-scripts]{the requirements for `scripts used to
 
  control \ldots installation of the executable' (GPLv2)} and
 
\hyperref[GPLv3-installation-information]{necessary `Installation
 
  Information' (GPLv3)}?''
 

	
 
The appropriate answer to the question (at this specific stage) is ``possibly,
 
but more information is needed''.  Embedded installation and configuration is
 
a tricky and complex technical process.  While the GPL requires documentation
 
and clear instructions for this process, the investigator did not immediately blame the distributor
 
for what may be an honest, correctable mistake, or an issue legitimately explained by
 
feasible alternative theories.
 

	
 
In this case, upon remembering the issues of wiring, the investigator wonder
 
if perhaps the power pin was accidentally connected for a moment to the RX
 
pin while live.  Such action could easily fry the RX pin, and yield the
 
observed behavior.  Since the investigator could not rule out the possibility
 
of accidental connection of power to the RX pin mentioned, the investigator
 
had to assume the instructions would work properly if he had not made that
 
error.
 

	
 
That conclusion, while correct, also left the investigator with only two
 
option to complete the final verification of the CCS:
 

	
 
\begin{itemize}
 

	
 
   \item Purchase a new router and cable anew, and reattempt the installation
 
     process while taking extra care not to miswire any cables.
 

	
 
   \item Seek assistance from the libreCMC community to find an alternative
 
     method of installation.
 

	
 
\end{itemize}
 

	
 
The investigator chose the latter and then contacted a libreCMC developer
 
familiar with the product.  That developer, who  agreed the the RX pin was
 
likely ruined, described an alternative method for console access using the
 
{\tt netcat}.  The libreCMC developer described the process as follows:
 

	
 
\begin{quotation}
 

	
 
  \begin{itemize}
 

	
 
  \item Change the IP address of the router to 192.168.1.1.
 

	
 
  \item Change the IP address of a desktop GNU/Linux system to 192.168.1.2.
 

	
 
  \item Power on the router while holding the reset button for 7 seconds.
 

	
 
  \item Use the {\tt netcat} command (as below) on the desktop, and press
 
    enter to receive U-Boot's prompt:
 
    
 
\lstset{tabsize=2}
 
\begin{lstlisting}[language=bash]
 
$ nc -u -p 6666 192.168.1.1 6666
 
uboot>
 
\end{lstlisting}
 
  \end{itemize}
 
\end{quotation}
 

	
 
Upon following this procedure, the investigator was able to confirm the
 
(original) shipped version of U-Boot was still installed:
 
\begin{lstlisting}[language=bash]
 
$ nc -u -p 6666 192.168.1.1 6666
 
uboot> version
 
U-Boot 1.1.4 (Jul 28 2014)
 
\end{lstlisting}
 

	
 
Thereafter, the investigator followed the instructions from
 
``u-boot\verb0_0reflash''.  Specifically, the investigator configured a TFTP server
 
and placed the newly built firmware into \texttt{/srv/tftp}.  The investigator
 
also followed the remaining instructions in ``u-boot\verb0_0reflash'', but
 
used the \texttt{netcat} console rather than the serial console, and
 
used U-Boot's \texttt{reset} command to reboot the router.
 

	
 
Upon reboot, the serial console (still connect with working output) showed
 
the message \texttt{U-Boot 1.1.4  (Oct 17 2014)}, and thus confirmed a
 
successful reflash of the U-Boot image built by the investigator.
 

	
 
\section{Firmware Comparison}
 

	
 
Next, 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
 
  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 Logged into the router via SSH, using the root user with the
 
  aforementioned password.
 
  
 
\item Compared representative directory listings and binaries to ensure the set of
 
  included files (on the router) is similar to those found in the firmware
 
  image that the investigator created (whose contents are now in the local squashfs-root directory).  In
 
  particular, the investigator did the following comparisons:
 

	
 
  \begin{enumerate}
 
  \item Listed the /bin folder (``ls -l /bin'') and confirm the list of files is the same
 
    and that the file sizes are similar.
 
    
 
  \item Checked 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 Repeated the above two steps for ``/lib/modules'', ``/usr/bin'', and other directories with
 
   a significant number of binaries.
 
   
 
 \item Checked that the kernel was 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 any investigator at any community-oriented
 
enforcement organization.  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 copy and/or symlink built toolchain binaries in the right location.
 

	
 
\item Failure to include information in the U-Boot installation instructions for
 
  wiring the serial cable.
 

	
 
\item Ideally, the U-Boot installation instructions would also include the
 
  {\tt netcat} method of installation.
 

	
 
\item Finally, the instructions should note that the new U-Boot firmware
 
  should be placed into \texttt{/srv/tftp} when using TFTP on most GNU/Linux
 
  desktops.
 
\end{itemize}
 

	
 
Thus, no CCS is absolutely perfect, but GPL violation investigators always
 
give the distributors the benefit of any doubts and seek to work with the
 
vendors and improve their CCS for the betterment of their users, customers,
 
and the entire software freedom community.
 

	
 
\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 also (and more importantly) doing so
 
  \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 the relevant copyleft license).
 
  
 
\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 the build and installation.  Typically,
 
  instructions written in English are necessary, and often easier than writing
 
  programmed scripts.  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, but also
 
  double-check to investigate if a more generalized solution (such as other
 
  host systems) work just as well for the build.
 

	
 
\item {\bf Seek to adhere to the spirit of copyleft, not just the letter of
 
  the license}.  Encouragement of users to improve and
 
  make their devices better is one of ThinkPenguin's commercial differentiators.  Copyleft advocates
 
  that other companies have undervalued the large and lucrative
 
  market of
 
  users who seek hackable devices.  By going beyond the
 
  mere minimal requirements of GPL, companies can immediately reap the
 
  benefits in that target market.
 

	
 
  \item Community-oriented enforcement organizations do not play ``gotcha''\footnote{For lack of a better
 
    phrase.} with distributors regarding GPL
 
    violations.  The goal in the GPL enforcement process is to achieve
 
    compliance and correct mistakes and annoyances.  Such organizations
 
    therefore take an ``innocent until proven guilty $\rightarrow$ guilty
 
    therefore take an ``innocent until proven guilty $\rightarrow$ assume guilty
 
    due to honest error rather than malicious action '' approach.  The goal
 
    is compliance (in direct contrast with
 
    the \hyperref[Proprietary Relicensing]{discussion in \S~\ref*{Proprietary Relicensing} about the
 
      proprietary relicensing} business model).
 
    
 
\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 Gingerich Michlmayr LGPL
 
% LocalWords:  Slashdot sublicensed Vigorien Vigorien's Haxil Polgara GPL'd
 
% LocalWords:  Thesulac Polgara's Haxil's Thesulac's SDK CD's tpb CCS RYF cd
 
%%  LocalWords:  ThinkPenguin TPE NWIFIROUTER Unboxing copylefted GPLv mkdir
 
%%  LocalWords:  Filesystem libreCMC README tabsize libCMC sudo reflash gcc
 
%%  LocalWords:  binutils bzip perl getopt libz dev libc menuconfig amd dpkg
 
%%  LocalWords:  toolchain filesystem thinkpenguin egrep posix jxpf ar UI ln
 
%%  LocalWords:  ThinkPenguin's versioned bootloader SRC mips librecmc linux
 
%%  LocalWords:  uclibc symlink tl wr squashfs sysupgrade preinstalled TFTP
 
%%  LocalWords:  busybox tftp hpa IP RJ UART PuTTY ipaddr serverip setenv nc
 
%%  LocalWords:  miswiring minicom startup miswire netcat uboot extratools
 
%%  LocalWords:  morx Login dmesg login ccs toplevel readme differentiators
 
%%  LocalWords:  hackable Relicensing relicensing toolkits OEM reaudited
 
%%  LocalWords:  redistributor cryptographic
0 comments (0 inline, 0 general)