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”, 914-960-4642