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Denver Gingerich - 4 years ago 2020-07-20 18:25:21
denver@ossguy.com
Copyleft Compliance: minor word updates/HTML fixes
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www/conservancy/static/copyleft-compliance/about.html
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{% extends "base_compliance.html" %}
 
{% block subtitle %}Copyleft Compliance Projects - {% endblock %}
 
{% block submenuselection %}AboutCompliance{% endblock %}
 
{% block content %}
 
<h1 id="ourwork">Conservancy's Copyleft Compliance Projects</h1>
 

	
 
<p>As existing donors and supporters know, the Software Freedom Conservancy
 
  is a 501(c)(3) non-profit charity registered in New York, and Conservancy
 
  helps people take control of their computing by growing the software
 
  freedom movement, supporting community-driven alternatives to proprietary
 
  software, and defending free software with practical initiatives.
 
  Conservancy accomplishes these goals with various initiatives, including
 
  defending and upholding the rights of software users and consumers under
 
  copyleft licenses, such as the GPL.</p>
 

	
 
<p>Free and open source software (FOSS) is everywhere and in everything; yet
 
our software freedom is constantly eroded.  With the help of its
 
volunteers, <a href="/members/current/">member projects</a>,
 
and <a href="/about/staff/">staff</a>, Conservancy stands up for users'
 
software freedom via its copyleft compliance work.</p>
 

	
 
<p>Conservancy's primary work in copyleft compliance currently focuses on
 
our <a href="/copyleft-compliance/enforcement-strategy.html">Strategic GPL
 
Enforcement Initiative</a>.  This initiative, launched in August 2020,
 
represents the culmination of nearly 15 years of compliance work of
 
Conservancy spanning ten different fiscally sponsored projects, past lawsuits
 
against more than a dozen defendants, and hundreds of non-litigation
 
compliance actions.</p>
 

	
 
<p>For these many years, Conservancy has always given the benefit of the
 
  doubt to companies who exploited our good nature and ultimately simply
 
  ignore the rights of users and consumers.  In that time, the compliance
 
  industrial complex has risen to a multi-million-dollar industry &mdash;
 
  selling (mostly proprietary) products, services, and consulting to
 
  companies.  Yet, these compliance efforts ignore consistently the most
 
  essential promise of copyleft &mdash; the complete, Corresponding Source
 
  and "the scripts used to control compilation and installation of the
 
  executable".</p>
 

	
 
<p>We encourage our supporters and software freedom enthusiasts everywhere to
 
  <a href="/copyleft-compliance/enforcement-strategy.html">read our detailed
 
  strategic plan for GPL enforcement</a> and its companion
 
  project, <a href="/copyleft-compliance/firmware-liberation.html">Our
 
  project, <a href="/copyleft-compliance/firmware-liberation.html">our
 
    Firmware Liberation Project</a>.</p>
 

	
 
<h2 id="projects">Compliance Relationship to Fiscally Sponsored Projects</h2>
 

	
 
<p>Historically, Conservancy was well-known for its ongoing license
 
compliance efforts on behalf of its BusyBox member project.  Today,
 
Conservancy does semi-regular compliance work for its BusyBox, Git, Inkscape,
 
Mercurial, Samba, QEMU and Wine member projects.  If you are a copyright
 
holder in any member project of Conservancy, please contact the project's
 
leadership committtee,
 
via <a href="mailto:PROJECTNAME@sfconservancy.org">&lt;PROJECTNAME@sfconservancy.org&gt;</a>
 
for more information on getting involved in compliance efforts in that
 
project.
 
</p>
 

	
 
<h2 id="linux">GPL Compliance Project For Linux Developers</h2>
 

	
 
<p>In May
 
2012, <a href="/news/2012/may/29/compliance/">Conservancy
 
launched</a> the <cite>GPL
 
Compliance Project for Linux Developers</cite>, which handles compliance and
 
enforcement activities on behalf of more than a dozen Linux copyright
 
holders.</p>
 
 
 
<p>The GPL Compliance Project for Linux Developers is comprised of copyright
 
holders in the kernel, Linux, who have contributed to Linux under its
 
license, <a href="http://www.gnu.org/licenses/gpl-2.0.html">the
 
GPLv2</a>. These copyright holders have formally asked Conservancy to engage
 
in compliance efforts for their copyrights in the Linux kernel.  In addition,
 
some developers have directly assigned their copyrights on Linux to Conservancy,
 
so Conservancy also enforces the GPL on Linux via its own copyrights in Linux.</p>
 

	
 
<p>Linux copyright holders who wish to assign copyright to or sign an enforcement agreement with
 
Conservancy should
 
  contact <a href="mailto:linux-services@sfconservancy.org">&lt;linux-services@sfconservancy.org&gt;</a>.
 
  In 2016,
 
  Conservancy <a href="/news/2016/nov/03/linux-compliance-agreements/">made
 
    public the template agreements used as part of this project</a>; both the
 
  <a href="/docs/blank_linux-enforcement-agreement.pdf">non-anonymous</a> and
 
  <a href="/docs/blank_anonymous-linux-enforcement-agreement.pdf">anonymous</a>
 
  versions are available.  However, please <strong>do not</strong> sign these
 
  unilaterally without contacting and discussing
 
  with <a href="mailto:linux-services@sfconservancy.org">&lt;linux-services@sfconservancy.org&gt;</a>
 
  first.</p>
 

	
 
<h2 id="debian">The Debian Copyright Aggregation Project</h2>
 

	
 
<p>In August 2015, <a href="/news/2015/aug/17/debian/">Conservancy announced the Debian Copyright Aggregation
 
Project</a>.  This project allows Debian contributors to assign copyrights to
 
Conservancy, or sign enforcement agreements allowing Conservancy to enforce
 
Free and Open Source (FOSS) licenses on their behalf.  Many Debian contributors
 
have chosen each of these options already, and more continue to join.</p>
 

	
 
<p>Debian contributors who wish to assign copyright to or sign an enforcement agreement with
 
Conservancy should contact <a href="mailto:debian-services@sfconservancy.org">&lt;debian-services@sfconservancy.org&gt;</a>.</p>
 

	
 
<h2 id="commitment">Conservancy's Commitment to Copyleft License Compliance</h2>
 

	
 
<p>Conservancy is dedicated to encouraging all users of software to comply
 
  with Free Software licenses. Toward this goal, in its compliance efforts,
 
  Conservancy helps distributors of Free Software in a friendly spirit of
 
  cooperation and participation.  In this spirit, Conservancy has co-published,
 
  with the Free Software Foundation (FSF), <a href="/copyleft-compliance/principles.html">the principles that both organizations
 
  follow in their compliance efforts</a>.
 
  Also in collaboration with the FSF, Conservancy also sponsors
 
  the <a href="https://copyleft.org/guide/"><cite>Copyleft and the GNU
 
  General Public License:A Comprehensive Tutorial and Guide</cite></a>,
 
  which <a href="/news/2014/nov/07/copyleft-org/">formally
 
  launched in fall 2014</a>.  The Guide includes tutorial materials about
 
  copyleft and compliance with copyleft licenses,
 
  including <a href="https://copyleft.org/guide/comprehensive-gpl-guidepa2.html"><cite>A
 
  Practical Guide to GPL Compliance</cite></a>.  The materials
 
  on <a href="https://copyleft.org/">copyleft.org</a> have been developed and
 
  improved since 2002, and are themselves copylefted, and developed
 
  collaboratively in public.</p>
 

	
 
<p>However, the Guide is admittedly a large document, so for those who are
 
  interested in a short summary of describing how Conservancy handles GPL
 
  enforcement and compliance
 
  work, <a href="/blog/2012/feb/01/gpl-enforcement/">this blog post outlining
 
  the compliance process</a> is likely the best source.</p>
 

	
 
<h2 id="reporting">Reporting GPL Violations To Us</h2>
 

	
 
<p>If you are aware of a license violation or compliance issue regarding
 
  Debian, Linux, or any <a href="/members/current/">Conservancy member
 
  project</a> (&mdash; in particular BusyBox, Git, Inkscape, Mercurial,
 
  Samba, Sugar Labs, or Wine),
 
  please <a href="mailto:compliance@sfconservancy.org">contact us by email at
 
  &lt;compliance@sfconservancy.org&gt;</a>.</p>
 

	
 
<!--- FIXME: bkuhn is rewriting this blog post fresh the weekend of --
 
      2020-07-18 so we need not link to ebb.org anymore when we roll out
 
      these changes --> 
 

	
 
<p>If you think you've found a GPL violation, we encourage you to
www/conservancy/static/copyleft-compliance/enforcement-strategy.html
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{% extends "base_compliance.html" %}
 
{% block subtitle %}Copyleft Compliance Projects - {% endblock %}
 
{% block submenuselection %}EnforcementStrategy{% endblock %}
 
{% block content %}
 

	
 
<h1 id="strategic-gpl-enforcement-initiative">The Strategic GPL Enforcement Initiative</h1>
 

	
 
<p>As existing donors and supporters know, the Software Freedom Conservancy
 
  is a 501(c)(3) non-profit charity registered in New York, and Conservancy
 
  helps people take control of their computing by growing the software
 
  freedom movement, supporting community-driven alternatives to proprietary
 
  software, and defending free software with practical initiatives.
 
  Conservancy accomplishes these goals with various initiatives, including
 
  defending and upholding the rights of software users and consumers under
 
  copyleft licenses, such as the GPL.</p>
 

	
 
<h2 id="brief-history-of-user-focused-gpl-enforcement">Brief History of
 
  User-Focused GPL Enforcement</h2>
 

	
 
<p>The spring of 2003 was a watershed moment for software freedom on
 
  electronic devices. 802.11 wireless technology had finally reached the
 
  mainstream, and wireless routers for home use had flooded the market
 
  earlier in the year. By June
 
  2003, <a href="https://hardware.slashdot.org/story/03/06/08/1749217/is-linksys-violating-the-GPL">the
 
  general public knew that Linksys (a division of Cisco) was violating the
 
  GPL</a> on their WRT54G model wireless routers. Hobbyists discovered
 
  (rather easily) that Linux and BusyBox were included in the router, but
 
  Linksys and Cisco had failed to provide source code or any offer for source
 
  code to its customers.</p>
 

	
 
<p>A coalition formed made up of organizations and individuals — including
 
  Erik Andersen (major contributor to and former leader of the BusyBox
 
  project) and Harald Welte (major contributor to Linux’s netfilter
 
  subsystem) — to enforce the
 
  GPL. <a href="https://sfconservancy.org/about/staff/#bkuhn">Bradley
 
  M. Kuhn</a>, who is now Conservancy’s Policy Analyst and
 
  Hacker-in-Residence, led and coordinated that coalition (when he was
 
  Executive Director of the FSF). By early 2004, this coalition, through the
 
  process of GPL enforcement, compelled Linksys to release an
 
  almost-GPL-compliant source release for the
 
  WRT54G. A <a href="https://openwrt.org/about/history">group of volunteers
 
  quickly built a new project, called OpenWRT</a> based on that source
 
  release. In the years that have followed, OpenWRT has been ported to almost
 
  every major wireless router product.  Now, more than 15 years later, the
 
  OpenWRT project routinely utilizes GPL source releases to build, improve
 
  and port OpenWRT.  The project has also joined coalitions to fight the FCC
 
  to ensure that consumers have and deserve rights to install modified
 
  firmwares on their devices and that such hobbyist improvements are no
 
  threat to spectrum regulation.</p>
 

	
 
<p>Recently, OpenWRT decided to join Conservancy as one its member projects,
 
  and Conservancy has committed to long-term assistance to this project.</p>
 

	
 
<p>OpenWRT has spurred companies to create better routers and other wireless
 
  devices than they would otherwise have designed because they now need to
 
  either compete with hobbyists, or (better still) cooperate with them to
 
  create hardware that fully supports OpenWRT’s features and improvements
 
  (such as dealing
 
  with <a href="https://openwrt.org/docs/guide-user/network/traffic-shaping/sqm">the
 
  dreaded “bufferbloat” bugs</a>). This interplay between the hobbyist
 
  community and for-profit ventures promotes innovation in
 
  technology. Without both permission <em>and</em> the ability to build and
 
  modify the software on their devices, the hobbyist community
 
  shrinks. Without intervention to assure companies respect the hobbyist
 
  shrinks. Without intervention to ensure companies respect the hobbyist
 
  community, hobbyists are limited by the oft-arbitrary manufacturer-imposed
 
  restraints in the OEM firmware. OpenWRT saved the wireless router market
 
  from this disaster; we seek to help other embedded electronic subindustries
 
  avoid that fate. The authors of GPL’d software chose that license so its
 
  source is usable and readily available to hobbyists. It is our duty, as
 
  activists for the software freedom of hobbyists, to ensure these legally
 
  mandated rights are never curtailed.</p>
 

	
 
<p>(More on the OpenWRT project’s history and its connection to GPL
 
  enforcement can be found
 
  in <a href="https://www.youtube.com/watch?v=r4lCMx-EI1s">Kuhn’s talk
 
    at <em>OpenWRT Summit 2016</em></a>.)</p>
 

	
 
<p>Conservancy has had substantial success in leveraging more device freedom
 
  in other subindustries through GPL compliance. In 2009, Conservancy, with
 
  co-Plaintiff Erik Andersen, sued fourteen defendants in federal court under
 
  copyright claims on behalf of its BusyBox member project. Conservancy was
 
  able to achieve compliance for the BusyBox project in all fourteen
 
  cases. Most notably, the GPL-compliant source release obtained in the
 
  lawsuit for certain Samsung televisions provided the basis for
 
  the <a href="https://www.samygo.tv/">SamyGo project</a> — an alternative
 
  firmware that works on that era of Samsung televisions and allows consumers
 
  to modify and upgrade their firmware using FOSS.</p>
 

	
 
<p>Harald Welte also continued his efforts during the early and mid-2000s,
 
  after the Linksys enforcement, through
 
  his <a href="https://gpl-violations.org/">gpl-violations.org
 
    project</a>. Harald successfully sued many companies (mostly in the
 
  wireless router industry) in Germany to achieve compliance and yield source
 
  releases that helped OpenWRT during that period.</p>
 

	
 
<h2 id="importance-of-linux-enforcement-specifically">Importance of Linux Enforcement Specifically</h2>
 

	
 
<p>In recent years, embedded systems technology has expanded beyond wireless
 
  routers to so-called “Internet of Things” (IoT) devices designed for
 
  connectivity with other devices in the home and to the “Cloud”. Consumer
 
  electronics companies now feature and differentiate products based on
 
  Internet connectivity and related services. Conservancy has seen
 
  Linux-based firmwares on refrigerators, baby monitors, virtual assistants,
 
  soundbars, doorbells, home security cameras, police body cameras, cars, AV
 
  receivers, and televisions.</p>
 

	
 
<p>This wide deployment of general purpose computers into
 
  mundane household devices raises profound privacy and consumer rights
 
  implications. <a href="https://www.nytimes.com/2019/12/15/us/Hacked-ring-home-security-cameras.html">Home</a> <a href="https://www.washingtonpost.com/technology/2019/01/23/family-says-hacked-nest-camera-warned-them-north-korean-missile-attack/">security</a> <a href="https://www.npr.org/sections/thetwo-way/2018/06/05/617196788/s-c-mom-says-baby-monitor-was-hacked-experts-say-many-devices-are-vulnerable">cameras</a> <a href="https://www.cnn.com/2019/12/12/tech/ring-security-camera-hacker-harassed-girl-trnd/index.html">are</a> <a href="https://abc7.com/baby-monitor-hack-leads-to-kidnap-scare/4931822/">routinely</a> <a href="https://www.bbc.com/news/av/uk-44117337/security-footage-viewed-by-thousands">compromised</a>
 
  — invading the privacy and security of individual homes. Even when
 
  companies succeed in keeping out third parties, consumers
 
  are <a href="https://www.theguardian.com/technology/2019/aug/29/ring-amazon-police-partnership-social-media-neighbor">pressured
 
  by camera makers</a> to automatically upload their videos to local
 
  police. Televisions
 
  routinely <a href="https://techcrunch.com/2019/01/07/vizio-settlement-moves-forward/">spy
 
  on consumers for the purposes of marketing and massive data
 
  collection</a>.</p>
 

	
 
<p>There is one overarching irony to this growing dystopia: nearly all these
 
  devices are based primarily on software licensed under the GPL: most
 
  notably, Linux. While Linux-based systems do allow proprietary user-space
 
  applications not licensed under GPL, the kernel and many other system
 
  utilities routinely used in embedded systems, such as Conservancy’s BusyBox
 
  project, are under that license (or similar copyleft licenses such as the
 
  LGPL). These licenses require device makers to provide complete,
 
  corresponding source code to everyone in possession of their
 
  devices. Furthermore, Linux’s specific license (GPL, version 2), mandates
 
  that source code must also include “the scripts used to control compilation
 
  and installation of the executable”. In short, the consumers must receive
 
  all the source code and the ability to modify, recompile and reinstall that
 
  software. Upholding of this core freedom for Linux made OpenWRT
 
  possible. We work to preserve (or, more often, restore) that software
 
  freedom for consumers of other types of electronic devices.</p>
 

	
 
<p>When devices are compliant with the GPL’s requirements, customers can
 
  individually or collectively take action against the surveillance and other
 
  predatory behavior perpetuated by the manufacturers of these devices by
 
  modifying and replacing the software. Hobbyists can aid their community by
 
  providing these alternatives. People with no technical background already
 
  replace firmware on their wireless routers with OpenWRT to both improve
 
  network performance and allay privacy concerns. Furthermore, older
 
  equipment is often saved from planned obsolescence by alternative
 
  solutions. E-recyclers
 
  like <a href="https://www.freegeek.org/">Freegeek</a> do this regularly for
 
  desktop and laptop machines with GNU/Linux distributions like Debian, and
 
  with OpenWRT for wireless routers. We seek to ensure they can do this for
 
  other types of electronic products. However, without the complete,
 
  corresponding source code, including the scripts to control its compilation and
 
  installation, the fundamental purpose of copyleft is frustrated. Consumers,
 
  hobbyists, non-profit e-recyclers and the general public are left without
 
  the necessary tools they need and deserve, and which the license promises
 
  them.</p>
 

	
 
<p>Additionally, copyleft compliance relates directly to significant
 
  generational educational opportunities. There are few easier ways to
 
  understand technology than to experiment with a device one already
 
  has. Historically, FOSS has succeeded because young hobbyists could
 
  examine, modify and experiment with software in their own devices. Those
 
  hobbyists became the professional embedded device developers of today!
 
  Theoretically, the advent of the “Internet of Things” — with its many
 
  devices that run Linux — <em>should</em> give opportunities for young
 
  hobbyists to quickly explore and improve the devices they depend on in
 
  their every day lives.  Yet, that’s rarely possible in reality.  To ensure
 
  that both current and future hobbyists can practically modify their
 
  Linux-based devices, we must enforce Linux’s license. With public awareness
 
  that their devices can be improved, the desire for learning will increase,
 
  and will embolden the curiosity of newcomers of all ages and
 
  backgrounds. The practical benefits of this virtuous cycle are immediately
 
  apparent. With technological experimentation, people are encouraged to try
 
  new things, learn how their devices work, and perhaps create whole new
 
  types of devices and technologies that no one has even dreamed of
 
  before.</p>
 

	
 
<p>IoT firmware should never rely on one vendor — even the vendor of the
 
  hardware itself. This centralized approach is brittle and inevitably leads
 
  to invasions of the public’s privacy and loss of control of their
 
  technology. Conservancy’s GPL enforcement work is part of the puzzle that
 
  ensures users can choose who their devices connect to, and how they
 
  connect. Everyone deserves control over their own computing — from their
 
  laptop to their television to their toaster. When the public can modify (or
 
  help others modify) the software on their devices, they choose the level of
 
  centralized control they are comfortable with. Currently, users with
 
  Linux-based devices usually don’t even realize what is possible with
 
  copyleft; Conservancy aims to show them.</p>
 

	
 
<h2 id="the-gpl-compliance-project-for-linux-developers">The GPL Compliance
 
  Project for Linux Developers</h2>
 

	
 
<p>In May 2012, Software Freedom Conservancy
 
  formed <a href="https://sfconservancy.org/copyleft-compliance/#linux">The GPL
 
    Compliance Project for Linux Developers</a> in response to frustration by
 
  upstream Linux developers about the prevalence of noncompliance in the
 
  field, and their desire to stand with Conservancy’s BusyBox, Git and Samba
 
  projects in demanding widespread GPL compliance. This coalition of Linux
 
  developers works with Conservancy to enforce the GPL for the rights of
 
  Linux users everywhere — particularly consumers who own electronic
 
  devices. We accept violation reports from the general public, and
 
  prioritize enforcement in those classes of devices where we believe that we
 
  can do the most good to help achieve GPL compliance that will increase
 
  software freedom for the maximum number of device users.</p>
 

	
 
<h2 id="the-need-for-litigation">The Need for Litigation</h2>
 

	
 
<p>While we still gain some success, we have found that the landscape of GPL
 
  compliance has changed in recent years. Historically, the true “bad actors”
 
  were rare. We found in the early days that mere education and basic
 
  supply-chain coordination assistance yielded compliance. We sought and
 
  often achieved goodwill in the industry via education-focused
 
  compliance.</p>
 

	
 
<p>Those tactics no longer succeed; the industry has taken advantage of that
 
  goodwill. After the BusyBox lawsuit settled, we observed a slow move toward
 
  intentional non-compliance throughout the embedded electronics
 
  industry. Companies use delay and “hardball” pre-litigation tactics to
 
  drain the limited resources available for enforcement, which we faced (for
 
  example) in <a href="/copyleft-compliance/vmware-lawsuit-links.html">the
 
  VMware violation</a>. While VMware ultimately complied with the GPL, they
 
  did so by reengineering the product and removing Linux from it — and only
 
  after the product was nearing end-of-life.</p>
 

	
 
<p>Conservancy has recently completed an evaluation of the industry’s use of
 
  Linux in embedded products. Our findings are disheartening and require
 
  action.  Across the entire industry, most major manufacturers almost flaunt
 
  their failure to comply with the GPL.  In our private negotiations,
 
  pursuant to
 
  our <a href="/copyleft-compliance/principles.html">Principles
 
  of Community-Oriented GPL Enforcement</a>, GPL violators stall, avoid,
 
  delay and generally refuse to comply with the GPL. Their disdain for the
 
  rights of their customers is often palpable.  Their attitude is almost
 
  universal: <q>if you think we’re really violating the GPL, then go ahead and
 
  sue us. Otherwise, you’re our lowest priority</q>.</p>
 

	
 
<h2 id="conservancys-plan-for-action">Conservancy’s Plan For Action</h2>
 

	
 
<p>Conservancy has a three-pronged plan for action: litigation, persistent
 
  non-litigation enforcement, and alternative firmware development.</p>
 

	
 
<h3 id="litigation">Litigation</h3>
 

	
 
<p>Conservancy has many violation matters that we have pursued during the
 
  last year where we expect compliance is impossible without litigation.  We
 
  are poised to select — from among the many violations in the embedded
 
  electronics space — a representative example and take action in USA courts
 
  against a violator who has failed to properly provide source code
 
  sufficient for consumers to rebuild and install Linux, and who still
 
  refuses to remedy that error after substantial friendly negotiation with
 
  Conservancy.</p>
 

	
 
<p>Our goal remains the same as in all matters: we want a source release that
 
  works, and we’ll end any litigation when the company fully complies on its
 
  products and makes a bona fide commitment to future compliance.</p>
 

	
 
<p>Conservancy, after years of analyzing its successes and failures of
 
  previous GPL compliance litigation, has developed — in conjunction with
 
  litigation counsel over the last year — new approaches to litigation
 
  strategy.  We believe this will bring to fruition the promise of copyleft:
 
  a license that assures the rights and software freedoms of hobbyists who
 
  a license that ensures the rights and software freedoms of hobbyists who
 
  seek full control and modifiability of devices they own. With the benefit
 
  of this grant, Conservancy plans to accelerate these plans in 2020 and to
 
  keep the public informed at every stage of the process.</p>
 

	
 
<h3 id="persistent-non-litigation-enforcement">Persistent Non-Litigation Enforcement</h3>
 

	
 
<p>While we will seek damages to cover our reasonable costs of this work, we
 
  do not expect that any recovery in litigation can fully fund the broad base
 
  of work necessary to ensure compliance and the software freedom it brings.
 
  Conservancy is the primary charitable watchdog of GPL compliance for
 
  Linux-based devices.  We seek to use litigation as a tool in a broader
 
  course of action to continue our work in this regard.  We expect and
 
  welcome that the high profile nature of litigation will inspire more device
 
  owners to report violations to us. We expect we’ll learn about classes of
 
  devices we previously had no idea contained Linux, and we’ll begin our
 
  diligent and unrelenting work to achieve software freedom for the owners of
 
  those devices. We will also build more partnerships across the technology
 
  sector and consumer rights organizations to highlight the benefit of
 
  copyleft to not just hobbyists, but the entire general public.</p>
 

	
 
<h3 id="alternative-firmware-project">Alternative Firmware Project</h3>
 

	
 
<p>The success of the OpenWRT project, born from GPL enforcement, has an
 
  important component. While we’ve long hoped that volunteers, as they did
 
  with OpenWRT and SamyGo, will take up compliant sources obtained in our GPL
 
  enforcement efforts and build alternative firmware projects, history shows
 
  us that the creation of such projects is not guaranteed and exceedingly
 
  rare.</p>
 

	
 
<p>Traditionally, our community has relied exclusively on volunteers to take
 
  up this task, and financial investment only comes after volunteers have put
 
  in the unfunded work to make an MVP alternative firmware. While volunteer
 
  involvement remains essential to the success of alternative firmware
 
  projects, we know from our fiscal sponsorship work that certain aspects of
 
  FOSS projects require an experienced charity to initiate and jump-start
 
  some of the less exciting aspects of FOSS project creation and
 
  development.</p>
 

	
 
<p>Conservancy plans to select a specific class of device. Upon achieving
 
  compliant source releases in that subindustry through GPL enforcement,
 
  Conservancy will <a href="firmware-liberation.html">launch an alternative
 
  firmware project</a> for that class of device.</p>
 

	
 
{% endblock %}
www/conservancy/static/copyleft-compliance/firmware-liberation.html
Show inline comments
 
{% extends "base_compliance.html" %}
 
{% block subtitle %}Copyleft Compliance Projects - {% endblock %}
 
{% block submenuselection %}EnforcementStrategy{% endblock %}
 
{% block content %}
 

	
 
<h1 id="software-freedom-conservancy-proposal-for-firmware-liberation-project">Firmware Liberation Project</h1>
 

	
 
Conservancy plans to select a class of product in the Linux-based embedded
 
<p>Conservancy plans to select a class of product in the Linux-based embedded
 
system space.  For this product, Conservancy will launch, or assist, a
 
project that creates a functioning alternative firmware for those devices.
 
The promise of GPL enforcement is only realized through actual, practical use
 
and improvement of the released software for users.
 
and improvement of the released software for users.</p>
 

	
 
<h2 id="gpl-enforcement-needs-follow-through">GPL Enforcement Needs Follow-Through</h2>
 

	
 
<p>Simply enforcing the GPL is an important first step, and Conservancy
 
  <a href="enforcement-strategy.html">continues our efforts in that
 
  regard</a>. However, We can
 
  replicate <a href="/copyleft-compliance/enforcement-strategy.html#brief-history-of-user-focused-gpl-enforcement">the
 
  success found with OpenWRT</a> <em>only by</em> a substantial
 
  effort <strong>after</strong> enforcement occurs to turn the compliant
 
  source release into a viable alternative firmware for the platform.</p>
 
                                           
 
<p>Conservancy has seen non-compliant Linux-based firmwares on refrigerators,
 
  baby monitors, virtual assistants, soundbars, doorbells, home security
 
  cameras, police body cameras, cars, AV receivers, and televisions.  We
 
  believe that building an alternative firmware for one of these classes of
 
  devices &mdash; or joining our work with an existing alternative firmware project
 
  that is struggling due to lack of sources available &mdash; will lead to
 
  more palatable software freedom for users of these device.</p>
 
  more palpable software freedom for users of these device.</p>
 

	
 

	
 
<h2 id="limited-success-of-alternative-hardware">Limited Success of
 
  Alternative Hardware</h2>
 

	
 
<p>Alternative hardware projects remain an essential component of small
 
  device freedom. Conservancy supports and engages with communities that seek
 
  to source and build IoT-style devices from the ground up. We’re excited to
 
  see deployable boards that allow Maker efforts to create new devices.</p>
 

	
 
<p>Nevertheless, we remain ever-cognizant that FOSS succeeded on servers,
 
  laptop, desktop, and wireless router computers <em>precisely</em> because
 
  users could buy commodity hardware at any store and install FOSS
 
  alternatives to the vendor-provided software.  Throughout the history of
 
  FOSS, most new users who seek to experience software freedom want to do so
 
  with their existing devices first.  Many don't even know much about the
 
  issues involved in software liberation <em>until they've already purchased
 
  hardware</em>.  Conservancy therefore believes support of alternative
 
  firmwares for such devices is paramount.</p>
 

	
 
<h3 id="demonstrating-the-power-of-software-freedom">Demonstrating the power
 
  of software freedom</h3>
 

	
 
<p>To many, the benefits of software freedom are abstract. For less technical
 
  users, the idea of modifying or even reviewing the software on their
 
  devices is wholly theoretical. For technical users, there is a limited time
 
  available to invest in the devices they use for their everyday
 
  lives. Bringing people together to take collective action for the control
 
  of their own technology is a powerful proposition that has rarely been
 
  demonstrated.</p>
 

	
 
<p>When alternative firmware projects like OpenWRT exist for IoT devices,
 
  non-technical users can replace the software on their devices and benefit
 
  from custom, community-controlled software. Technical users are more likely
 
  to contribute knowing their efforts will be meaningful.</p>
 

	
 
<p>However, decades of corporate involvement in copyleft have demonstrated
 
  that without an organized effort, control over one’s own software is purely
 
  theoretical, even when software has a copyleft license, and
 
  sometimes <em>even when</em> compliance with the copyleft license is
 
  acheived. Conservancy recognizes that there is a unique opportunity for
 
  charitable organizations to step in and change the power dynamic of the
 
  tech industry for consumers.</p>
 

	
 
<h2 id="conservancys-plan-for-action">Conservancy’s Plan For Action</h2>
 

	
 
<p>Conservancy seeks to fund work on liberating firmware for a specific
 
  device. This is accomplished with a two-prong approach: first, we will
 
  leverage increased interest and tendency toward GPL compliance throughout
 
  the embedded industry to more quickly achieve compliant source releases in
 
  a particular subindustry.</p>
 

	
 
<p>Second, depending on what subindustry (i.e., specific class of devices)
 
  seems most responsive to increased enforcement activity and willing to
 
  provide compliant source releases quickly, we will launch, coordinate and
 
  fund an alternative firmware project for that class, or, if appropriate,
 
  merge our efforts with an existing alternative firmware project for that
 
  class of device.</p>
 

	
 
<h2 id="leveraging-on-increased-enforcement">Leveraging on Increased
 
  Enforcement</h2>
 

	
 
<p><a href="enforcement-strategy.html">Conservancy already plans to select a
 
  specific violation and engage in litigation.</a> Based on past experience,
 
  we expect that the press and attention to that ongoing litigation will
 
  yield increased responsiveness by violators throughout the industry. (A
 
  similar outcome occurred after our BusyBox-related litigation in 2006.)
 
  This expected change in behavior will open opportunities to replicate the
 
  OpenWRT approach in another embedded electronic subindustry. Fast action
 
  will be necessary; most IoT products have an 18 month lifecycle, so we seek
 
  to quickly identify the right subindustry, gain compliance there, and move
 
  on to the next phase.</p>
 

	
 
<h3 id="funding-firmware-liberation">Funding Firmware Liberation</h3>
 

	
 
<p>While we’ve long hoped that volunteers would take up compliant sources
 
  obtained in our GPL enforcement efforts and build alternative firmware
 
  projects as they did with OpenWRT, history shows us that the creation of
 
  such projects is not guaranteed and exceedingly rare.</p>
 

	
 
<p>Traditionally, our community has relied exclusively on volunteers to take
 
  up this task, and financial investment only comes after volunteers have put
 
  in the unfunded work to make a Minimum Viable Product (MVP) liberated
 
  firmware. While volunteer involvement remains essential to the success of
 
  alternative firmware projects, we know from our fiscal sponsorship work
 
  that certain aspects of FOSS projects require an experienced charity to
 
  initiate and jump-start some of the less exciting aspects of FOSS project
 
  creation and development. (In our last fiscal year, Conservancy funded 160
 
  contributors to work on FOSS.)</p>
 

	
 
<p>In the initial phase of this grant, Conservancy will select a specific
 
  class of device. Upon achieving compliant source releases in that
 
  subindustry through GPL enforcement, Conservancy will launch an alternative
 
  firmware project for that class of device.</p>
 

	
 
<p>Conservancy will seek to fund the time of project leaders and
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