In the context of a lawsuit, the Complaint is the document that begins the +lawsuit. It states the basic claims of action by the Plaintiff, and their +requests for remedy for the matter.
+Informally, CCS is all of the technical materials and source code required to modify, run, and/or reinstall the software. The GPL and LGPL have a formal definitions for CCS, which is sometimes called "Corresponding Source."
@@ -86,6 +91,11 @@ A very common utility for Linux-based systems. Bash was originally released undeFulfilling the requirements of a contract in exactly the way the contract specifies. When most contracts are disputed in court, the plaintiff expects to receive money, that they can use to remedy the harm that the other party caused them in not holding up their side of the deal. When a plaintiff seeks specific performance, they want something that money can’t replace.
+In a summary judgment motion, a party in a lawsuit asks the Court +to rule immediately on some (or all) of the claims made in the complaint. +
People who aren’t a party to a GPL agreement, but who would benefit from the contract if the parties to the GPL do as they promise under the agreement. An example of such a benefit might be the receipt of the source code of the GPL’d software. See also General Public License (GPL).
diff --git a/www/conservancy/static/copyleft-compliance/vizio-filing-press-release.html b/www/conservancy/static/copyleft-compliance/vizio-filing-press-release.html new file mode 100644 index 0000000000000000000000000000000000000000..5391717d0eaaa3b2e757cee02eed6e243e6112ac --- /dev/null +++ b/www/conservancy/static/copyleft-compliance/vizio-filing-press-release.html @@ -0,0 +1,139 @@ +{% extends "base_vizio.html" %} +{% block subtitle %}Copyleft Compliance Projects - {% endblock %} +{% block submenuselection %}VizioMain{% endblock %} +{% block content %} + +FOR IMMEDIATE RELEASE
+ +IRVINE, Calif. (Oct. 19, 2021) Software Freedom Conservancy announced today +it has filed a lawsuit against Vizio Inc. for what it calls repeated failures +to fulfill even the basic requirements of the General Public License (GPL).
+ + +The lawsuit alleges that Vizio’s TV products, built on its SmartCast system, +contain software that Vizio unfairly appropriated from a community of +developers who intended consumers to have very specific rights to modify, +improve, share, and reinstall modified versions of the software.
+ + +The GPL is a copyleft license that ensures end users the freedom to run, +study, share, and modify the software. Copyleft is a kind of software +licensing that leverages the restrictions of copyright, but with the intent +to promote sharing (using copyright licensing to freely use and repair +software).
+ +Software Freedom Conservancy, a nonprofit organization focused on ethical +technology, is filing the lawsuit as the purchaser of a product which has +copylefted code. This approach makes it the first legal case that focuses on +the rights of individual consumers as third-party beneficiaries of the GPL. + +
“That’s what makes this litigation unique and historic in terms of +defending consumer rights,” says Karen M. Sandler, the organization’s +executive director.
+ + +According to the lawsuit, a consumer of a product such as this has the +right to access the source code so that it can be modified, studied, and +redistributed (under the appropriate license conditions).
+ + + +“We are asking the court to require Vizio to make good on its + obligations under copyleft compliance requirements,” says + Sandler. She explains that in past litigation, the plaintiffs have always + been copyright holders of the specific GPL code. In this case, Software + Freedom Conservancy hopes to demonstrate that it's not just the copyright + holders, but also the receivers of the licensed code who are entitled to + rights.
+ +The lawsuit suit seeks no monetary damages, but instead seeks access to +the technical information that the copyleft licenses require Vizio to provide +to all customers who purchase its TVs (specifically, the plaintiff is asking +for the technical information via “specific performance” rather +than “damages”).
+ + +“Software Freedom Conservancy is standing up for customers who are + alienated and exploited by the technology on which they increasingly + rely,” says Sandler, adding that the lawsuit also aims to help + educate consumers about their right to repair their devices as well as show + policy makers that there are mechanisms for corporate accountability + already in place that can be leveraged through purchasing power and + collective action.
+ + +Copyleft licensing was designed as an ideological alternative to the +classic corporate software model because it: allows people who receive the +software to fix their devices, improve them and control them; entitles people +to curtail surveillance and ads; and helps people continue to use their +devices for a much longer time (instead of being forced to purchase new +ones).
+ + +“The global supply chain shortages that have affected everything +from cars to consumer electronics underscore one of the reasons why it is +important to be able to repair products we already own,” says +Sandler. “Even without supply chain challenges, the forced obsolescence +of devices like TVs isn’t in the best interest of the consumer or even the +planet. This is another aspect of what we mean by ‘ethical +technology.’ Throwing away a TV because its software is no longer +supported by its manufacturer is not only wasteful, it has dire environmental +consequences. Consumers should have more control over this, and they would if +companies like Vizio played by the rules.“
+ + +According to Sandler, the organization first raised the issue of +non-compliance with the GPL with Vizio in August 2018. After a year of +diplomatic attempts to work with the company, it was not only still refusing +to comply, but stopped responding to inquiries altogether as of January 2020.
+ + +“By July 2021, the TV model that we originally complained was +non-compliant was discontinued,” says Sandler. “When we purchased new models, +we found that despite our efforts they still had no source code included with +the device, nor any offer for source code. People buying these models would +never know that there was anything special about the software in these +devices, or that they had any rights whatsoever connected with the software +on their TVs.”
+ + +Software Freedom Conservancy analyzed the TVs and concluded that not only +was Vizio not providing the source code and technical information that +copyleft licenses require, Vizio was not even informing its customers about +copylefted software and the rights it gives them as consumers.
+ + +Software Freedom Conservancy is a nonprofit organization centered around +ethical technology. Our mission is to ensure the right to repair, improve, +and reinstall software. We promote and defend these rights through fostering +free and open source software (FOSS) projects, driving initiatives that +actively make technology more inclusive, and advancing policy strategies that +defend FOSS (such as copyleft). The organization is incorporated in New +York. For more information, go +to sfconservancy.org.
+ + + +Hannah Gregory, Media Rep for Good Causes
+<media@sfconservancy.org>
FOR IMMEDIATE RELEASE
+We are awaiting the state judge's ruling on Vizio's motion for summary judgment.
-IRVINE, Calif. (Oct. 19, 2021) Software Freedom Conservancy announced today -it has filed a lawsuit against Vizio Inc. for what it calls repeated failures -to fulfill even the basic requirements of the General Public License (GPL).
+On October 19, 2021, SFC filed a third-party beneficiary contract lawsuit against Vizio in California State Court in Orange County, CA. Our complaint demands no financial compensation but instead asks for what truly matters with regard to software rights and freedom: the "specific performance" (fulfilling a contract requirement in exactly the way the contract specifies) of production of complete, corresponding source code (CCS) — as defined in the various GPL Agreements (such as GPLv2 and LGPLv2.1).
+Vizio has still not provided CCS for their televisions to SFC, and so our lawsuit continues. Instead, Vizio attempted to “remove” the case to federal court (arguing that copyright claims preempted our third-party beneficiary contract claim). We succeeded in our motion to remand the case back to state court; the federal judge agreed that our case included an “extra element” not covered by copyright.
-The lawsuit alleges that Vizio’s TV products, built on its SmartCast system, -contain software that Vizio unfairly appropriated from a community of -developers who intended consumers to have very specific rights to modify, -improve, share, and reinstall modified versions of the software.
+After several months of litigation back in state court, Vizio filed for summary judgment in the state court again arguing copyright preemption. The state court is not bound by the federal court's ruling against preemption, so Vizio was able to essentially re-argue its motion to dismiss. Vizio also argued that the GPL Agreements have no third-party beneficiaries), which is the first time Vizio has tried to attack these claims substantively.Currently, we are awaiting the judge's ruling on Vizio's motion for summary judgment.
+ +The case is currently set for trial starting on March 25, 2024.
+The GPL is a copyleft license that ensures end users the freedom to run, -study, share, and modify the software. Copyleft is a kind of software -licensing that leverages the restrictions of copyright, but with the intent -to promote sharing (using copyright licensing to freely use and repair -software).
+Below are documents from the docket(s) in this SFC v. Vizio case of interest, +provided in (roughly) chronological order: -Software Freedom Conservancy, a nonprofit organization focused on ethical -technology, is filing the lawsuit as the purchaser of a product which has -copylefted code. This approach makes it the first legal case that focuses on -the rights of individual consumers as third-party beneficiaries of the GPL. - -
“That’s what makes this litigation unique and historic in terms of -defending consumer rights,” says Karen M. Sandler, the organization’s -executive director.
- - -According to the lawsuit, a consumer of a product such as this has the -right to access the source code so that it can be modified, studied, and -redistributed (under the appropriate license conditions).
- - - -“We are asking the court to require Vizio to make good on its - obligations under copyleft compliance requirements,” says - Sandler. She explains that in past litigation, the plaintiffs have always - been copyright holders of the specific GPL code. In this case, Software - Freedom Conservancy hopes to demonstrate that it's not just the copyright - holders, but also the receivers of the licensed code who are entitled to - rights.
- -The lawsuit suit seeks no monetary damages, but instead seeks access to -the technical information that the copyleft licenses require Vizio to provide -to all customers who purchase its TVs (specifically, the plaintiff is asking -for the technical information via “specific performance” rather -than “damages”).
- - -“Software Freedom Conservancy is standing up for customers who are - alienated and exploited by the technology on which they increasingly - rely,” says Sandler, adding that the lawsuit also aims to help - educate consumers about their right to repair their devices as well as show - policy makers that there are mechanisms for corporate accountability - already in place that can be leveraged through purchasing power and - collective action.
- - -Copyleft licensing was designed as an ideological alternative to the -classic corporate software model because it: allows people who receive the -software to fix their devices, improve them and control them; entitles people -to curtail surveillance and ads; and helps people continue to use their -devices for a much longer time (instead of being forced to purchase new -ones).
- - -“The global supply chain shortages that have affected everything -from cars to consumer electronics underscore one of the reasons why it is -important to be able to repair products we already own,” says -Sandler. “Even without supply chain challenges, the forced obsolescence -of devices like TVs isn’t in the best interest of the consumer or even the -planet. This is another aspect of what we mean by ‘ethical -technology.’ Throwing away a TV because its software is no longer -supported by its manufacturer is not only wasteful, it has dire environmental -consequences. Consumers should have more control over this, and they would if -companies like Vizio played by the rules.“
- - -According to Sandler, the organization first raised the issue of -non-compliance with the GPL with Vizio in August 2018. After a year of -diplomatic attempts to work with the company, it was not only still refusing -to comply, but stopped responding to inquiries altogether as of January 2020.
- - -“By July 2021, the TV model that we originally complained was -non-compliant was discontinued,” says Sandler. “When we purchased new models, -we found that despite our efforts they still had no source code included with -the device, nor any offer for source code. People buying these models would -never know that there was anything special about the software in these -devices, or that they had any rights whatsoever connected with the software -on their TVs.”
- - -Software Freedom Conservancy analyzed the TVs and concluded that not only -was Vizio not providing the source code and technical information that -copyleft licenses require, Vizio was not even informing its customers about -copylefted software and the rights it gives them as consumers.
- - -Software Freedom Conservancy is a nonprofit organization centered around -ethical technology. Our mission is to ensure the right to repair, improve, -and reinstall software. We promote and defend these rights through fostering -free and open source software (FOSS) projects, driving initiatives that -actively make technology more inclusive, and advancing policy strategies that -defend FOSS (such as copyleft). The organization is incorporated in New -York. For more information, go -to sfconservancy.org.
+Hannah Gregory, Media Rep for Good Causes
-<media@sfconservancy.org>
Here are articles in the press that covered our Vizio lawsuit.
+Here are articles in the press that covered our Vizio lawsuit.