= FSFE compliance workshop discovers GPL violation by FANTEC, Welte wins
in court =
[Read online: http://fsfe.org/news/2013/news-20130626-01.en.html ]
The Regional Court of Hamburg [Landgericht Hamburg] found FANTEC GmbH
guilty of violating the GNU General Public License[1]in their media
player FANTEC 3DFHDL. In the case between Harald Welte versus FANTEC
GmbH the court decided that FANTEC has to pay a penalty fee plus
additional costs for the lawyers, and has to give out the exact
information about their chain of distribution of the FANTEC 3DFHDL Media
Player.
FANTEC was using the netfilter/iptables software (firewalling software
for GNU/Linux) in one of the FANTEC 3DFHDL firmwares offered online.
They distributed the firmware without complete corresponding source code
as required by the GNU General Public License, version 2 (GPLv2) that
governs the netfilter/iptables software. Attempts to resolve this issue
failed, after which Harald Welte, one of the copyright holders of
iptables, decided to go to court. The court decided that FANTEC acted
negligently: they would have had to ensure to distribute the software
under the conditions of the GPLv2. The court made explicit that it is
insufficient for FANTEC to rely on the assurance of license compliance
of their suppliers. FANTEC itself is required to ascertain that no
rights of third parties are violated.
"It is great to see that the court acknowledges the fact that vendors
themselves are responsible for checking their products for GNU GPL
compliance. Especially FANTEC, who already had earlier issues with GNU
GPL compliance, should have known better. This was just laziness,"
says Harald Welte, founder of gpl-violations.org[2]and plaintiff in
the case.
The GNU GPL violation was found at a "Hacking for Compliance workshop"
of the Free Software Foundation Europe in May 2012 in Berlin. Several
volunteers helped checking different devices for GNU GPL compliance.
Afterwards the results where forwarded to gpl-violations.org and their
lawyers, who followed up on it.
Although FANTEC denied at first, compliance engineers of FSFE and gpl-
violations.org were able to prove that the software iptables version
1.3.7 was on the device, even though FANTEC did not include the sources
for this program in the provided source code. Besides they showed that
the software was compiled on another date than the offered source code,
proving that the source code offered by FANTEC was outdated.
"Together with our volunteers we will continue to ensure that users
receive the freedom to use, study, share, and improve the software on
their products. These are the basic principles of the Free Software
community, and every company distributing the software has to comply
with the respective licenses. Companies obviously see the benefit in
building upon Free Software, and they should stick to these basic and
simple rules." says Matthias Kirschner, FSFE's German coordinator and
one of the organisers of the compliance workshop.
FSFE provides some easy steps[3]to follow to make your product GNU GPL
compliant.
1. http://www.ifross.org/sites/default/files/130618%20Urteil%20Fantec.pdf
2. http://gpl-violations.org
3. http://fsfe.org/activities/ftf/useful-tips-for-vendors.en.html
The court decision (DE) is available on the IFROSS site (PDF):
http://www.ifross.org/sites/default/files/130618%20Urteil%20Fantec.pdf
Other news related to GNU GPL violation cases:
- 2011-11-10: " Court rejects AVM´s claims opposing third party
modifications of GPL software".
https://fsfe.org/news/2011/news-20111110-01.en.html
== About the Free Software Foundation Europe ==
The Free Software Foundation Europe (FSFE) is a non-profit
non-governmental organisation active in many European countries and
involved in many global activities. Access to software determines
participation in a digital society. To secure equal participation in
the information age, as well as freedom of competition, the Free
Software Foundation Europe (FSFE) pursues and is dedicated to the
furthering of Free Software, defined by the freedoms to use, study,
modify and copy. Founded in 2001, creating awareness for these issues,
securing Free Software politically and legally, and giving people
Freedom by supporting development of Free Software are central issues
of the FSFE.
http://fsfe.org/
== EC tells public bodies to break free from lock-in==
[Read online: https://fsfe.org/news/2013/news-20130625-02.en.html ]
In a Communication published today, the European Commission urges
public bodies to break free from vendor lock-in in their IT
systems. The Commission wants public bodies to rely on standards
rather than brand names and proprietary technology when they buy software.
In its Communication titled "Against lock-in" [1], the Commission
highlights that public bodies unnecessarily spend 1.1 billion Euro every
year because they do not allow more competition among their suppliers.
The Commission cites studies saying that 16% of public procurements make
reference to brand names. According to the Communication, costs for IT
contracts drop by 9% when public bodies manage to double the number of
companies bidding for those contracts.
"Public bodies waste more than a billion Euro every year on systems that
are black boxes to them, preventing Free Software companies from
offering their services. This needs to stop," says Karsten Gerloff,
president of the Free Software Foundation Europe. "Relying on Open
Standards [2] will mean that taxpayers' money is spent more efficiently,
and on more innovative solutions."
In a 2011 survey cited in the Communication, 50% of public bodies stated
that they lack the expertise to decide which standards they need to ask
for. The Commission intends to respond by providing guidance and
promoting best practices. It also says that it will use the same
approach to improve its own procurement practices, which FSFE had
criticised in the past [3].
"We look forward to seeing the European Commission lead the way, and
open its own desktop systems to competition from different suppliers",
says Gerloff.
While a number of European member states already have progressive
policies on standards-based procurement, these only have value if they
are actually implemented. FSFE looks forward to supporting the
Commission and public bodies everywhere in Europe in moving to
standards-based procurement practices.
1. http://europa.eu/rapid/press-release_IP-13-602_en.htm?locale=en
2. https://fsfe.org/activities/os/def.en.html
3. https://fsfe.org/news/2010/news-20101207-01.en.html
== About the Free Software Foundation Europe ==
The Free Software Foundation Europe (FSFE) is a non-profit
non-governmental organisation active in many European countries and
involved in many global activities. Access to software determines
participation in a digital society. To secure equal participation in
the information age, as well as freedom of competition, the Free
Software Foundation Europe (FSFE) pursues and is dedicated to the
furthering of Free Software, defined by the freedoms to use, study,
modify and copy. Founded in 2001, creating awareness for these issues,
securing Free Software politically and legally, and giving people
Freedom by supporting development of Free Software are central issues
of the FSFE.
http://fsfe.org/
= As Microsoft repeal some Xbox restrictions, more apply to other products =
[Read online: https://fsfe.org/news/2013/news-20130620-02.en.html ]
Faced with user protests, Microsoft has been forced to make the terms
for its latest Xbox gaming console look a little less restrictive [1].
However, the “new” terms which had caused such outrage were not in fact
new at all: they were similar to most other proprietary software
licences, including those covering other Microsoft software products and
on-line services.
Restrictions on selling, sharing and gift-giving appear, for example, in
the Windows 7 and Office 2013 licences. Similar restrictions will
continue to apply to the Xbox one in that "downloaded titles cannot be
shared or resold" [1]. Geographic restrictions can also apply to Office
2013, along a class action waiver. Gamers who were angered by the
invasive, inadequate and mandatory 24 hour check-in and Kinect
voice/motion sensor may be similarly angered by the clause demanding
“you must comply with any technical limitations in the software that
only allow you to use it in certain ways. You may not work around any
technical limitations in the software” in the Windows 7 licence.[2]
“Even after reversing course on some of the more egregious Xbox One
terms, Microsoft still leaves its users wearing digital handcuffs,”
says Karsten Gerloff, FSFE's president. “We encourage everyone to
choose Free Software instead, and break free of these restrictions.”
“While proprietary licenses restrict your freedom, Free Software
always guarantees that you can use the software for any purpose, to
study how it works, to share it with others, and modify it to your
needs” says Matthias Kirschner, FSFE's Head of Public Awareness.
“Users should not have to beg for these rights.”
*** FSFE's infographic about the Xbox restrictions is available on
https://fsfe.org/graphics/xbox-infographic.png - It is still unclear
what exactly the full license will or will not contain, for example,
mention of the Class Action Waiver has been removed, but no statement
has been made to repeal it. ***
1. http://news.xbox.com/2013/06/update
2. http://download.microsoft.com/Documents/UseTerms/Windows_7%20Home%20Basic%2…
== About the Free Software Foundation Europe ==
The Free Software Foundation Europe (FSFE) is a non-profit
non-governmental organisation active in many European countries and
involved in many global activities. Access to software determines
participation in a digital society. To secure equal participation in
the information age, as well as freedom of competition, the Free
Software Foundation Europe (FSFE) pursues and is dedicated to the
furthering of Free Software, defined by the freedoms to use, study,
modify and copy. Founded in 2001, creating awareness for these issues,
securing Free Software politically and legally, and giving people
Freedom by supporting development of Free Software are central issues
of the FSFE.
http://fsfe.org/
= Open Letter to Prime Minister Erdoğan: Invest your $5b in digital
freedom =
[Read online: https://fsfe.org/news/2013/news-20130620-01.en.html ]
In recent weeks, political events [1] in Istanbul have been the focus of
international media. Important discussions are taking place about
Turkey's government and her people. Several have lost their lives in the
process.
Days before the protests in Taksim Square erupted, President Erdoğan was
in America. On behalf of an ambitious education investment project
called FATIH [2], he toured Silicon Valley as the guest of America's
largest technology companies, each of whom are hoping to land a contract
for more than 10 million new tablet computers.
As the safety and freedom on the street of Turkey's activists is hotly
debated in the press, the safety and freedom of her children to learn
has understandably received much less attention. Whether it is publicly
discussed or not however, $5 billion will soon be spent on education,
and it's impact on the rights of the next generation of Turkey's
students will be immense.
FSFE's Education Team [3] is dedicated to empowering students via Free
Software. If you think that humans deserve rights over the technology
they use, you can add your name to our list of supporters [4] .
== The letter ==
Prime Minister Recep Tayyip Erdoğan,
Recently you visited America [5] to discuss the acquisition of 10.6
million tablets from leading technology companies for students, on
behalf of Turkey's project FATIH [2].
We urge you to take alternative products into consideration, and
consider the impact of the software those tablets use.
Google, Apple, and Microsoft, who hosted you, all tie their tablets to
software which would prevent Turkish children from studying and
customising it. The companies you spoke to enforce strict proprietary
licensing which would ensure that schools could only lease their ability
to use applications, not own them or rights to them.
Free Software [6], contrastingly, protects students' rights to use,
study, share, and improve it. In an educational context these rights can
make the difference between consumers and creators. Without these
freedoms, the 17 million students affected by your plan cannot
experiment or develop the understanding necessary to lead digital
economies in future.
Software support and maintenance is expensive, and proprietary software
exacerbates these costs by restricting who can provide you with
services. By using Free Software, Turkish schools would lose their
dependency on a single vendor, and competition for service contracts
could be more local, and more competitive.
Finally, for better security of both schools and students, Free Software
makes its code available, providing evidence of how it functions. This
week's revelations surrounding British Government spying on Turkish
politicians [7] at the G20 summit highlight the importance of software
security and privacy. Educational computers should not provide
back-doors [8] for foreign Governments and companies.
Apple [9], Google [10] and Microsoft [11] all embrace Free Software
themselves, and use it internally. Making the step towards Free Software
tablets is important however, and several global manufacturers and
distributors offer Free Software devices for sale. Will the freedom of
Turkey's citizens be considered in your forthcoming decision to purchase
tablets?
Please send us your answer, and do not hesitate to contact us should you
have further questions about the contents of this letter.
Yours Sincerely,
Sam Tuke
The Free Software Foundation Europe e.V.
1. https://en.wikipedia.org/wiki/2013_protests_in_Turkey
2. http://fatihproject.com/
3. https://fsfe.org/activities/education/education.html
4. https://fsfe.org/support/support.html
5.
http://www.electronista.com/articles/13/05/20/country.seeks.bids.on.106.mil…
6. https://fsfe.org/about/basics/freesoftware.html
7.
http://www.guardian.co.uk/world/2013/jun/17/turkey-russia-g20-spying-gchq
8.
http://www.bloomberg.com/news/2013-06-14/u-s-agencies-said-to-swap-data-wit…
9.
http://techcrunch.com/2012/08/29/the-state-of-linux-how-even-apple-is-going…
10. https://developers.google.com/open-source/
11. http://msopentech.com/
== About the Free Software Foundation Europe ==
The Free Software Foundation Europe (FSFE) is a non-profit
non-governmental organisation active in many European countries and
involved in many global activities. Access to software determines
participation in a digital society. To secure equal participation in
the information age, as well as freedom of competition, the Free
Software Foundation Europe (FSFE) pursues and is dedicated to the
furthering of Free Software, defined by the freedoms to use, study,
modify and copy. Founded in 2001, creating awareness for these issues,
securing Free Software politically and legally, and giving people
Freedom by supporting development of Free Software are central issues
of the FSFE.
http://fsfe.org/
= German Parliament tells government to strictly limit patents on software =
[Permant Link https://fsfe.org/news/2013/news-20130612-01.en.html ]
On Friday the 7th of June the German Parliament decided upon [1] a joint
motion to limit software patents [2] (see English translation by BIKT
[3]). The Parliament urges the German Government to take steps to limit
the granting of patents on computer programs. Software should
exclusively be covered by copyright, and the rights of the copyright
holders should not be devalued by third parties' software patents. The
only exception where patents should be allowed are computer programs
which replace a mechanical or electromagnetic component. In addition the
Parliament made clear that governmental actions related to patents must
never interfere with the legality of distributing Free Software.
"This is an important step to fix the software patent insanity. The
FSFE highly welcomes this decision. It's great to see that all of
Germany's major parties understand that software patents are a huge
problem and that they are acting accordingly," says Matthias
Kirschner, FSFE's coordinator for Germany.
Tens of thousands of software patents in Germany and Europe present
enormous cost and liability risks, especially for SMEs. Several German
SME associations welcomed the Parliament's decision. However they warn
against giving all the responsibility to Brussels, as the EU has been
consistently incapable of providing software developers with legal
certainty. "Germany now has to implement this decision in law, to send a
strong signal towards Brussels," says Johannes Sommer of BIKT, one of
the associations.
At an expert meeting in the Parliament on 13th May, in which FSFE also
participated, industry associations BIKT and BITMi proposed changes to
German copyright and patent law. These proposals would also affect
software patents which have already been granted. The first proposal is
to add a "protective shield" clause to German copyright law ,
introducing a blanket ban [4] on the enforcement of patent claims with
regard to software. The second proposal to be implemented in German
patent law makes sure that the effect of patent claims shall not extend
to works protected independently by copyright. Both proposals would
prevent that patents on software can be enforced against software
developers. The FSFE supports both proposals.
"Since the EU has decided to give away its power to make rules on
the unitary patent, this step towards limiting patents on software
is all the more important.", says Kirschner.
Background: The joint motion was introduced in German Parliament in
April. After a first hearing, the legal committee held an external
expert meeting on May 13th for which FSFE published a written statement
[5] and Matthias Kirschner's notes of his oral presentation [6]. During
the hearing, a substantial majority of the external experts supported
the join motion. After recommendations from the Parliament's Legal
Committee, backed up by the Committee for Economy and Technology, the
Committee of Education, Research, and Engineering Results Assessment, as
well as from the Committee for Culture and Media, the German Parliament
in plenary session has approved unanimously the joint motion on the 7th
June.
1. http://www.bundestag.de/dokumente/textarchiv/2013/45033928_kw23_angenommen_…
2. http://dip.bundestag.de/btd/17/130/1713086.pdf
3. http://l.fsfe.org/bikt-swpat-en.pdf
4. http://l.fsfe.org/bikt-schutz
5. http://www.bundestag.de/bundestag/ausschuesse17/a06/anhoerungen/archiv/47_P…
6. http://wiki.fsfe.org/mk/BundestagAnhoerung2013SoftwarepatenteNotizen
== About the Free Software Foundation Europe ==
The Free Software Foundation Europe (FSFE) is a non-profit
non-governmental organisation active in many European countries and
involved in many global activities. Access to software determines
participation in a digital society. To secure equal participation in
the information age, as well as freedom of competition, the Free
Software Foundation Europe (FSFE) pursues and is dedicated to the
furthering of Free Software, defined by the freedoms to use, study,
modify and copy. Founded in 2001, creating awareness for these issues,
securing Free Software politically and legally, and giving people
Freedom by supporting development of Free Software are central issues
of the FSFE.
http://fsfe.org/
