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Old 06-03-2008, 07:28 PM   #151
DaleDe
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Since the main point of GPL is that you have to distribute the source code if you statically link to a gpl:ed library why should it not be true? One of the difference with version 2 and 3 is that for 2 you do not have to provide the program to install the software on a device.
I thought in version two you could supply a proprietary executable is someone needed to add it to a build or needed a version with a later library. I do not believe you are required to release your proprietary code as source. Today you would use shared libraries but some of the tools weren't available for shared libraries back when version 2 was written.

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Old 06-03-2008, 07:32 PM   #152
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I'm going to delurk here for a bit.

http://www.rosenlaw.com/lj19.htm

Calling on a pre-compiled program/library does not require the distribution of your proprietary code under the GPL. If that were the case there would be absolutely no private proprietary code developed to run on Linux


If Mobipocket is indeed using GPL code compiled into it's program, you'll need to find it, find the author who wrote it, and confirm that he didn't authorize it, prior to accusing Mobi. Saying anything without proof can get you into deep legal problems.

As for Bookeen supplying the code, the GPL says either the code, or an offer for the code, has to be distributed. Has anyone asked for the code? And since I don't have a cybook, is there an offer somewhere in the manual?

Firmware is a binary chunk that includes a filesystem, the OS, and the programs used. throwing a gpl program into firmware doesn't make everything in the firmware subject to GPL licensing provisions, nor does having a GPL program on my harddrive make Mircosoft obligated to provide Windows' sourcecode.

Also regarding the possible statically linked code in Mobipocket, is this just in Bookeen's firmware? Or in all Linux distributions of Mobipocket? If just in the firmware, it could be simply for speed reasons, but once it's found and documented, Mobi could have some legal issues with it.

IMHO, this type of stuff is why software shouldn't copyrighted in the first place, nothing but lawyers creating a market for themselves.

Last edited by nikkos010; 06-03-2008 at 07:36 PM.
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Old 06-03-2008, 07:50 PM   #153
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Hi nikkos010. Thanks for the clarification. That is the way I remembered it also. And it is never an excuse to take software that is proprietary if you don't have permission.
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Old 06-03-2008, 07:56 PM   #154
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Quote:
Originally Posted by nikkos010 View Post
I'm going to delurk here for a bit.

http://www.rosenlaw.com/lj19.htm

As for Bookeen supplying the code, the GPL says either the code, or an offer for the code, has to be distributed. Has anyone asked for the code? And since I don't have a cybook, is there an offer somewhere in the manual?
Yes. Bookeen has refused to provide the source code.
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Old 06-04-2008, 02:52 AM   #155
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Yes. Bookeen has refused to provide the source code.
Did they even say why?
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Old 06-04-2008, 03:14 AM   #156
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I believe they say that their licence agreement with Netronix (the hardware manufacturer) does not permit them to release it.
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Old 06-04-2008, 09:18 AM   #157
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I believe they say that their licence agreement with Netronix (the hardware manufacturer) does not permit them to release it.
The license itself is invalid then. Netronix cannot restrict the distribution of GPL code.

But in the end, if the authors are unwilling to pursue it, there's nothing the average person can do but cry foul and vote with their pocketbook. This is a huge problem with enforcing the GPL, most independent coders cannot afford the legal team required to go after violators. It becomes a beancounter gamble for a company to use GPL code incorrectly.

If it can be documented to a degree, an article at slashdot could create enough of a firestorm for Netronix/Bookeen to change their ways. "E-Book reader manufacturer violating GPL" would likely raise some eyebrows...

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Old 06-04-2008, 10:16 AM   #158
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I think everyone's been aware of it for a long time, nikkos. Not "new news".
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Old 06-04-2008, 10:29 AM   #159
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Quote:
Originally Posted by DaleDe View Post
I thought in version two you could supply a proprietary executable is someone needed to add it to a build or needed a version with a later library. I do not believe you are required to release your proprietary code as source. Today you would use shared libraries but some of the tools weren't available for shared libraries back when version 2 was written.
Why do you not read the GPL2. Here is the faq:


http://www.gnu.org/licenses/old-lice...LinkingWithGPL

Quote:
You have a GPL'ed program that I'd like to link with my code to build a proprietary program. Does the fact that I link with your program mean I have to GPL my program?

Yes.
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Old 06-04-2008, 10:31 AM   #160
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I think everyone's been aware of it for a long time, nikkos. Not "new news".
This was the first I came across it here, though I don't delve too deeply in the forums. But I doubt that the GPL/Linux/Opensource community as a whole are aware of it. In fact, doing a search for Bookeen + GPL on google comes up with mobileread pages, and next to nothing else relevant.

compare that to Linksys + GPL and the huge trove of articles and references about Linksys not providing GPL. That's all I'm suggesting, make it a public issue rather than just something to be found commented in one small forum.

Edited my misunderstanding of the Linksys case.

Last edited by nikkos010; 06-04-2008 at 10:51 AM.
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Old 06-04-2008, 10:32 AM   #161
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So the question is if Bookeen has licensed MuPDF. If not the case seems pretty clear.
I've got the answer from MuPDF author:

Quote:
Thanks for pointing this out. They do not have a commercial license for MuPDF. [...]
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Old 06-04-2008, 10:46 AM   #162
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compare that to Linksys + GPL and the huge trove of articles and references about Linksys not providing GPL. They quickly got the message (and the code out) once it became a public issue.
Linksys + GPL became a public issue after the gpl-violations.org won in court and forced Linksys to release the source code and pay some money to the developers.

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Old 06-04-2008, 10:54 AM   #163
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Why do you not read the GPL2. Here is the faq:


http://www.gnu.org/licenses/old-lice...LinkingWithGPL
thanks for the link. It is pretty clear if they did not get permission from the author.

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Old 06-04-2008, 11:24 AM   #164
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Linksys + GPL became a public issue after the gpl-violations.org won in court and forced Linksys to released the source code and pay some money to the developers.
Not quite correct. Linksys' violations of the GPL were documented in 2002 by Eben Moglen, and was known about community wide prior to the settlement. The case was already well underway in 2003. gpl-violations.org was not founded until January 2004.

I haven't been able to find any references to payments made to the devs, only that Cisco was forced to release proprietary code. There were payments made to the FSF in a case prior to the Cisco one.

You might find this an informative (if slanted) article:
http://www.forbes.com/technology/200...14linksys.html
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Old 06-05-2008, 12:36 AM   #165
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The case was already well underway in 2003. gpl-violations.org was not founded until January 2004.
Oh, I confused this case with another one, forget my previous comment.
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