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Old 12-15-2009, 10:30 AM   #1
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Astak sued for violating GPL

This brief article from CNet indicates that Astak is among the companies being sued:
Quote:
Best Buy, Samsung, Westinghouse, and JVC are among 14 consumer electronics companies named in a copyright infringement lawsuit filed Monday in New York by the Software Freedom Law Center.

According to the complaint (PDF), the defendants sold products containing software application BusyBox in violation of the terms of its license, the GNU General Public License version 2 (GPLv2).
From the BusyBox web site:

Quote:
BusyBox combines tiny versions of many common UNIX utilities into a single small executable. It provides replacements for most of the utilities you usually find in GNU fileutils, shellutils, etc. The utilities in BusyBox generally have fewer options than their full-featured GNU cousins; however, the options that are included provide the expected functionality and behave very much like their GNU counterparts. BusyBox provides a fairly complete environment for any small or embedded system.

BusyBox has been written with size-optimization and limited resources in mind. It is also extremely modular so you can easily include or exclude commands (or features) at compile time. This makes it easy to customize your embedded systems. To create a working system, just add some device nodes in /dev, a few configuration files in /etc, and a Linux kernel.
The legal brief (PDF here) indicates that the GPL violation is that the object code (executable program) is being distributed WITHOUT also making the source code to the product available.

Astak's alleged infringement appears to relate to their security camera systems. From the legal brief:

Quote:
On information and belief, each Defendant sells electronic products, such as high definition televisions, digital video recorders, DVD players, video cameras, wireless routers, etc., that contain embedded executable forms of software, called "firmware," or offers electronic versions of firmware for download via their website.

...Astak's CM-818DVR4V security camera system with DVR and CM-04DE and CM-04DEV security system DVR devices...
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Old 12-15-2009, 10:47 AM   #2
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Aha! So Robertb won't be at CES after all. He'll be in the hoosegow!!

Don't worry, bud! I'll send you a nailfile in some homemade chocolate gravy!
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Old 12-15-2009, 11:21 AM   #3
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To many Lawyers .
Available does not mean "included" in the retail box or default download.
In Ubuntu, you have to "request" the source files by marking the proper places in Synaptic or using arcane 'apt-get' invocations
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Old 12-15-2009, 11:23 AM   #4
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quick, RobertB - get real familiar with the now defunct TV series "Prison Break"!
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Old 12-15-2009, 12:11 PM   #5
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Quote:
Originally Posted by theducks View Post
To many Lawyers .
Available does not mean "included" in the retail box or default download.
In Ubuntu, you have to "request" the source files by marking the proper places in Synaptic or using arcane 'apt-get' invocations
Did you read the brief?

Your point regarding "request" seemed to be quite clearly covered in the brief. If the statements in the brief can be proven to be true, the violation of the GPL seems to be reasonably obvious.
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Old 12-15-2009, 01:00 PM   #6
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Writing from my jail cell!!

Dear All:

Actually, low-security prision is great!! I play tennis most of the day and the food is wonderful!! No booze, but you cannot have everything!!

Seriously, we are not the manufacturer of the part regarding the lawsuit. We were named in the suit; but they seem to now know it is the manufacturer they want and not Astak. All seems resolved.
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Old 12-15-2009, 01:03 PM   #7
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Quote:
Originally Posted by griffonwing View Post
Aha! So Robertb won't be at CES after all. He'll be in the hoosegow!!

Don't worry, bud! I'll send you a nailfile in some homemade chocolate gravy!
Dear Griffie:

As a pirate, you must have had a lot of scrapes with prison. Quck, what are your ways of avoiding capture and digging thru cement walls!!

Also, please send pirate girls!!
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Old 12-15-2009, 02:38 PM   #8
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Well, if anyone does end up in prison, at least you can send them a nice ereader and a bunch of free ebooks to keep them busy.
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Old 12-15-2009, 02:54 PM   #9
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Quote:
Originally Posted by Dave_S View Post
Did you read the brief?

Your point regarding "request" seemed to be quite clearly covered in the brief. If the statements in the brief can be proven to be true, the violation of the GPL seems to be reasonably obvious.
I read all the Lawyer stuff and the violation is probably valid as it is not easy (if possible at all) to find the required to be available source code at Astak or the other brands sites. We have a good idea that the stuff in violation was probably built and developed by a company with a different name than appears on the product(s) involved. There are some mighty big names involved here at the Retail end of the chain.
There in lies part of the issue. GPL calls for the license requirement to be passed at all levels when GPL code is used. A 50cent CD (that the end user would probably lose) would have probably prevented this whole storm.
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Old 12-15-2009, 03:01 PM   #10
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Quote:
Originally Posted by theducks View Post
I read all the Lawyer stuff and the violation is probably valid as it is not easy (if possible at all) to find the required to be available source code at Astak or the other brands sites. We have a good idea that the stuff in violation was probably built and developed by a company with a different name than appears on the product(s) involved. There are some mighty big names involved here at the Retail end of the chain.
There in lies part of the issue. GPL calls for the license requirement to be passed at all levels when GPL code is used. A 50cent CD (that the end user would probably lose) would have probably prevented this whole storm.
Yup!!

BTW, the "To many Lawyers" remark was pretty much on target in general though IMHO, except I would have said "Too" instead of "To".
Also IMHO, the GPL really does need to be defended when it gets abused, even if it involves lawyers.
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Old 12-15-2009, 03:02 PM   #11
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Quote:
Originally Posted by Robertb View Post
Dear Griffie:

As a pirate, you must have had a lot of scrapes with prison. Quck, what are your ways of avoiding capture and digging thru cement walls!!

Also, please send pirate girls!!
RUM! Good for bribing jailers and for eating through cement.

Alas, the pirate lassies are... currently occupied.
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Old 12-15-2009, 03:44 PM   #12
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Quote:
Originally Posted by Robertb View Post
We were named in the suit; but they seem to now know it is the manufacturer they want and not Astak. All seems resolved.
Sorry but i really doubt it. Best Buy is a retailer (and not a manufacturer) and got sued too.

The complaint says:
Quote:
Prior to the filing of this complaint, Plaintiffs notified each Defendant of its unlawful conduct in writing. Each Defendant has either ignored or refused to meaningfully respond to Plaintiffs and, on information and belief, continues to copy, modify or distribute BusyBox in violation of Plaintiffs' exclusive rights under the Copyright Act.
From the SFLC homepage:
Quote:
The suit charges each of the defendants with selling products containing BusyBox in violation of the terms of its license, the GNU General Public License version 2 (GPLv2).
We will see...
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Old 12-15-2009, 03:51 PM   #13
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we have notified them and talked with them

Dear All:

This situation is resolved. They are going after the manufacturer and not Astak. Astak only imports and sells that DVR involved.
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Old 12-16-2009, 10:41 PM   #14
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Quote:
Originally Posted by Robertb View Post
Dear All:

This situation is resolved. They are going after the manufacturer and not Astak. Astak only imports and sells that DVR involved.
then again where was Astak's compliance officers/attorneys to ensure all products where in complete compliance with all licensing requirements? Passing the buck as usual I see. Astak presents themselves as a mfg when their name goes on the front of the product, right? That is how Astak was presented here...as THE manufacturer of the ereaders to be offered, yes? And we all now know how that ended up...
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