<li class="VizioPressRelease"><a href="/copyleft-compliance/vizio-filing-press-release.html">Press Release</a></li>

<h3 id="complaint">Compliant (in a lawsuit)</h3>

<p>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.</p>

<h3 id="summary-judgment">Summary Judgment</h3>

<p>In a <em>summary judgment</em> motion, a party in a lawsuit asks the Court

to rule immediately on some (or all) of the claims made in <a

href="#complaint">the complaint</a>.

{% extends "base_vizio.html" %}

{% block subtitle %}Copyleft Compliance Projects - {% endblock %}

{% block submenuselection %}VizioMain{% endblock %}

{% block content %}

<h1>Software Freedom Conservancy files right-to-repair lawsuit against California TV manufacturer Vizio Inc. for alleged GPL violations</h1>

<h2>Litigation is historic in nature due to its focus on consumer rights, filing as third-party beneficiary</h2>

<p><strong>FOR IMMEDIATE RELEASE</strong></p>

<p>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).</p>

<p>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.</p>

<p>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).</p>

<p>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.

<p>&ldquo;That’s what makes this litigation unique and historic in terms of

defending consumer rights,” says Karen M. Sandler, the organization’s

executive director.</p>

<p>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).</p>

<p>&ldquo;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.</p>

<p>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 &ldquo;damages&rdquo;).</p>

<p>&ldquo;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.</p>

<p>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).</p>

<p>&ldquo;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.&ldquo;</p>

<p>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.</p>

<p>&ldquo;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.&rdquo;</p>

<p>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.</p>

<h3>ABOUT SOFTWARE FREEDOM CONSERVANCY</h3>

<p>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 <a href="https://sfconservancy.org">sfconservancy.org</a>.</p>

<h3>SUPPLEMENTAL RESOURCES FOR JOURNALISTS</h3>

<ul>

<li><a href="https://sfconservancy.org/docs/software-freedom-conservancy-v-vizio-announce-press-kit.pdf">A

full press kit, with substantial additional information and resources for

    journalists covering this story, can be viewed and downloaded here.</li>

<li><a href="/docs/software-freedom-conservancy-v-vizio-complaint-2021-10-19.pdf">The

    legal complaint is available</a>.</li>

</ul>

<h3>MEDIA CONTACT</h3>

<p>Hannah Gregory, Media Rep for Good Causes<br/>

<a href="mailto:media@sfconservancy.org">&lt;media@sfconservancy.org&gt;</a></p>

{% endblock %}

<h1>Current Status of Vizio Case</h1>

<p>We are awaiting the state judge's ruling on Vizio's motion for <a href="/copyleft-compliance/glossary.html#summary-judgment">summary judgment</a>.</p>

<h3>History of Vizio Case</h3>

<p>On October 19, 2021, SFC filed a third-party beneficiary contract <a href="https://sfconservancy.org/docs/software-freedom-conservancy-v-vizio-complaint-2021-10-19.pdf">lawsuit</a> against Vizio in California State Court in Orange County, CA.  Our <a href="/copyleft-compliance/glossary.html#complaint">complaint</a> demands <em>no financial compensation</em> 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) &mdash; as defined in the various GPL Agreements (such as GPLv2 and LGPLv2.1).</p>

<p>Vizio has still not provided CCS for their televisions to SFC, and so our lawsuit continues.  Instead, Vizio <a href="/blog/2021/dec/28/vizio-update-1/">attempted to &ldquo;remove&rdquo;</a> the case to federal court (arguing that copyright claims <em>preempted</em> our third-party beneficiary contract claim).  We <a href="/news/2022/may/16/vizio-remand-win/">succeeded in our motion to remand the case back to state court</a>; the federal judge <a href="https://storage.courtlistener.com/recap/gov.uscourts.cacd.837808/gov.uscourts.cacd.837808.30.0.pdf">agreed that our case included an &ldquo;extra element&rdquo;</a> not covered by copyright.</p>

<p>After several months of litigation back in state court, Vizio <a href="https://sfconservancy.org/docs/2023-4-28 VIZIOs Motion for Summary Judgment with Reservation.pdf">filed for</a> <a href="/copyleft-compliance/glossary.html#summary-judgment">summary judgment</a> in the state court <em>again</em> 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.</p>

<p>The case is currently set for trial starting on March 25, 2024.</p>

<h3>Portions of Interest from the Docket in the Vizio Case</h3>

Below are documents from the docket(s) in this SFC v. Vizio case of interest,

provided in (roughly) chronological order:

<ul>

<li><a

href="https://sfconservancy.org/docs/software-freedom-conservancy-v-vizio-complaint-2021-10-19.pdf">SFC's

Original Complaint, 2021-10-19</li>

<li>Removal (to federal court) and Remand (to state court)</li>

<ul>

  <li><a href="https://storage.courtlistener.com/recap/gov.uscourts.cacd.837808/gov.uscourts.cacd.837808.1.0.pdf">Vizio's Motion to Remove (to federal court)</li>

  <li><a href="https://storage.courtlistener.com/recap/gov.uscourts.cacd.837808/gov.uscourts.cacd.837808.14.0_1.pdf">SFC's Motion to Remand (to state court)</li>

  <li><a href="https://storage.courtlistener.com/recap/gov.uscourts.cacd.837808/gov.uscourts.cacd.837808.24.0_1.pdf">Vizio's Opposition of SFC's Motion to Remand (to state court)</li>

  <li><a href="https://storage.courtlistener.com/recap/gov.uscourts.cacd.837808/gov.uscourts.cacd.837808.32.0.pdf">Transcript of the hearing of the motion to remand</a></li>

  <li><a href="https://storage.courtlistener.com/recap/gov.uscourts.cacd.837808/gov.uscourts.cacd.837808.30.0.pdf"><strong>Decision by the federal court to remand the case to state court</strong></li>

</ul>

<li>Vizio's Motion for Summary Judgement</li>

  <li><a href="https://sfconservancy.org/docs/2023-4-28 VIZIOs Motion for Summary Judgment with Reservation.pdf">Vizio's Motion for Summary Judgment</li>

  <li><a href="https://sfconservancy.org/docs/SFC_response_to_summary_judgement.pdf">SFC's response to Vizio's Motion for Summary Judgment</li>

  <li><a href="https://sfconservancy.org/docs/Vizio_summary_judgement_reply_brief.pdf">Vizio's reply to SFC's response to Vizio's Motion for Summary Judgment</a></li>

You can reach out media team at <a href="mailto:media@sfconservancy.org">&lt;media@sfconservancy.org&gt;</a></p>

<p><a href="https://sfconservancy.org/copyleft-compliance/vizio-filing-press-release.html">Press Release</a></p>

<p>Here are articles in the press that covered <a href="/copyleft-compliance/vizio.html">our Vizio lawsuit</a>.</p>

            <li class="VizioPressRelease"><a href="/copyleft-compliance/vizio-filing-press-release.html">Press Release</a></li>

            <li class="VizioPressRelease"><a href="/copyleft-compliance/vizio-filing-press-release.html">Press Release</a></li>