linux-kernel - Re: ASUS SplashTop and Phoenix Hyperspace infringing kernel copyright and GPL

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Date:	Mon, 19 May 2008 18:57:12 -0400
From:	Chris Snook <csnook@...hat.com>
To:	stan.cunningham@...oo.com
CC:	linux-kernel@...r.kernel.org, legal@...asimha.gpl-violations.org,
	license-violation@....org
Subject: Re: ASUS SplashTop and Phoenix Hyperspace infringing kernel copyright
 and GPL

Stan Cunningham wrote:
> Hi,
> 
> SplashTop is an extension of BIOS that runs on the Linux kernel and has been
> distributed by ASUS on certain high-end motherboards and laptops since
> October, 2007. In May 2008, ASUS announced that it will ship SplashTop on
> *ALL* its motherboards. The problem is that ever since SplashTop's inception
> ASUS has been infringing on the copyright of Linux kernel contributors.
> 
> SplashTop's so-called source code
> (http://www.splashtop.com/download3.php?token=1bfb156d0cd5fef5df4a43ad2b46a531)
> contains a few patches to the Linux kernel but not the whole, compilable
> modified kernel source code as the GPL requires. This clearly constitutes a
> copyright violation.
> 
> I haven't bought any of the motherboards or laptops containing SplashTop, but
> ASUS may have left out the obligatory notice on boxes and/or manuals
> informing the recipients that the product contains GPL code and where that
> source code can be obtained. If they indeed left out the notice, that
> constitutes another violation of the GPL and consequently of copyright law.
> 
> Another product that likely violates the GPL is Hyperspace, which is marketed
> by the infamous proprietary PC BIOS maker Phoenix. Even though Hyperspace
> clearly runs Linux and has been reported to do so in the press, Phoenix
> doesn't even mention the word Linux or the GPL on its website
> (http://www.phoenix.com/en/Products/Browse+by+Products/Phoenix+HyperSpace/default.htm),
> and certainly doesn't provide any source code. I am not sure what
> motherboards Hyperspace is distributed on, but I would expect that they also
> fail to mention Linux, the GPL and the availability of source code. This
> again violates the GPL and the copyrights of Linux kernel contributors like
> yourselves.
> 
> I urge you to uphold your copyrights and protect the rights of Free Software
> users by making unscrupulous companies like ASUS and Phoenix respect the
> conditions set out by the GPL and give back their improvements in the form of
> source code. And if they refuse, sue them in court! Some of the improvements
> to Linux that they try to illegally keep secret would really help distros in
> areas such as hardware support and extremely quick boot time.
> 
> Thanks, Stan

Out of curiosity, have you tried asking them nicely?  ASUS seems to be pretty 
responsive when oversights like this are pointed out to them.  Of course, if you 
start with a lawsuit threat you're inclined to hit the slow path (legal) rather 
than the fast path (support/community relations).  I have no idea how responsive 
Phoenix is to issues like this, but a friendly request goes over much better 
than a shot across the bow.

-- Chris
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