AT&T Tech Support 360
April 14, 2005 12:43 PM PDT
Linux programmer wins legal victory
- Related Stories
-
Sun criticizes popular open-source license
April 5, 2005 -
Defender of the Linux faith
March 18, 2005 -
Open-source programmer alleges Linux misuse
March 16, 2005 -
Sprucing up open source's GPL foundation
December 23, 2004 -
GPL gains clout in German legal case
April 22, 2004
A Munich district court on Tuesday issued a preliminary injunction barring Fortinet, a maker of multipurpose security devices, from distributing products that include a Linux component called "initrd" to which Harald Welte holds the copyright.
In addition to being a Linux programmer, Welte runs an operation called the GPL Violations project that attempts to encourage companies shipping products incorporating GPL software to abide by the license terms. The license lets anyone use GPL software in products without paying a fee, but it requires that they provide the underlying source code for the GPL components when they ship such a product.
What's new:
A German court agreed with a Linux programmer's contention that a California security appliance maker called Fortinet needs to comply with the terms of the General Public License.
Bottom line:
The case adds new legal weight to the GPL, the legal foundation for Linux and countless other projects in the open-source and free software realms. It also shows some computer industry growing pains from adopting open-source software.
Fortinet, based in Sunnyvale, Calif., said in a statement it's addressing the issue but is surprised that Welte resorted to legal action.
"Fortinet recently became aware of Mr. Welte's allegations and has, in good faith, been diligently working with him to resolve this matter outside of the German court system. Fortinet is actively taking steps to ensure that its products are compliant with GPL requirements. Therefore, Fortinet is surprised that Mr. Welte pursued a preliminary injunction against Fortinet in Germany and believes that this is an unnecessary action," the company said. "Fortinet is continuing its efforts to expeditiously resolve this matter with Mr. Welte."
Welte has said he doesn't object to corporate use of open-source software; he just wants it to be done properly. Welte first notifies companies of his accusations before beginning legal action, he said. In the case of Fortinet, the GPL Violations project informed the company of its concerns March 17, but "out-of-court negotiations on a settlement failed to conclude in a timely manner," the project said in a statement.
In March, Welte sent similar letters to multiple companies exhibiting at the CeBit trade show. And a year ago, he won a ruling against Sitecom in a case similar to that of Fortinet.
Fortinet uses Linux in the operating system included in its FortiGate and FortiWiFi products, the project said. "FortiOS is using the Linux operating system kernel and numerous other free software products that are licensed exclusively under the GNU GPL. This information was not disclosed by Fortinet," the GPL Violations project said.
Most actions by GPL Violation have been against European or Asian companies, and the Sitecom and Fortinet cases don't have direct repercussions outside Germany. But the actions this year also have targeted corporations in the United States--an indication that case law around the GPL could also start building soon in the world's largest computing technology market.
"Generally, corporations are becoming more conscious of the issues surrounding the GPL," said Brian Kelly, an intellectual-property attorney with Manatt, Phelps & Phillips. "The process of clarifying the
See more CNET content tagged:
Fortinet Inc.,
GPL,
Linux programmer,
open-source software,
Mr.
it is "when they distribute modified versions of the product (derivative works)"
Is news.com ignorant of GPL requirements? They aren't complex, but like any license, somebody needs to pay attention. A company that uses external code without understanding the licensing terms is shooting their own foot. A company that tries to weasel out of their obligations after repeated requests deserves the cloud over their derivative products.
Score one for the socialism police.
Fortinet knew they were taking GPL code and reselling without distributing their source code. To act all surprised is a ruse. Welte's legal actions are to wake up companies that think they can get away with this.
If Fortinet is a real company they would have had their lawyers read over the GPL license before using it. Fortinet is a tech company selling a computer firewalls, for crying out loud! For them to have never heard of the GPL license is simply a lie.
Fortinet may have broken the rules, but if you call this a victory for GPL or OSS you are pretty foolish. Fortinet wanted to make a profit, and probably realized that *giving away their software* would make that very difficult. Now that they have been smacked upside the head by the GPL-Police, you can bet they'll find a new approach. Proprietary software anybody? One less GPL contributor. One more win for closed-source software. I'm sure Fortinet isn't too broken up about it. They obviously have no desire to *Give Away Their Hard Work For Free."
- You mean psuedo-opt-in
-
by TimeBomb
April 18, 2005 6:04 AM PDT
- There is nothing "opt-in" about using GPL code without being aware of it, because it was imbedded in a product you obtained.
-
Reply to this comment
-
-
See all 30 Comments >>