SFLC Gets Busy Around BusyBox

Contrary to some public perceptions, the Free Software Foundation is not keen on litigating against those who fail to respect the terms of the GNU GPL. Here's what Eben Moglen, very much the legal brains behind the organisation, told me a decade ago....

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Be Afraid, Verizon, Be Very Afraid

On Open Enterprise blog.

GNU Voodoo Strikes Again

Everyone is waiting for some juicy lawsuit that will establish the validity of the GNU GPL once and for all. But the trouble is, those who fail to follow the rules of GPL keep on giving up before these things come to trial. Here's another one - the Monsoon case I wrote about a little while back:

The Software Freedom Law Center (SFLC) and Monsoon Multimedia today jointly announced that an agreement has been reached to dismiss the GPL enforcement lawsuit filed by SFLC on behalf of two principal developers of BusyBox.

BusyBox is a lightweight set of standard Unix utilities commonly used in embedded systems and is open source software licensed under the GNU General Public License (GPL) version 2. One of the conditions of the GPL is that re-distributors of BusyBox are required to ensure that each downstream recipient is provided access to the source code of the program. Monsoon Multimedia uses BusyBox in its HAVA TV place-shifting devices.

As a result of the plaintiffs agreeing to dismiss the lawsuit and reinstate Monsoon Multimedia's rights to distribute BusyBox under the GPL, Monsoon Multimedia has agreed to appoint an Open Source Compliance Officer within its organization to monitor and ensure GPL compliance, to publish the source code for the version of BusyBox it previously distributed on its Web site, and to undertake substantial efforts to notify previous recipients of BusyBox from Monsoon Multimedia of their rights to the software under the GPL. The settlement also includes an undisclosed amount of financial consideration paid by Monsoon Multimedia to the plaintiffs.

That GNU voodoo is just too darn powerful, it seems.

All 's Well That Ends Well

So Eben didn't get his lawsuit yet - but he does get another victory:

Monsoon Multimedia today announced efforts to fully comply with the GNU General Public License (GPL). Monsoon is in settlement negotiations with BusyBox to resolve the matter and intends to fully comply with all open-source software license requirements. Monsoon will make modified BusyBox source code publicly available on the company web-site at http://www.myhava.com in the coming weeks.

Eben Gets Busy Over BusyBox

One of the things that Eben Moglen has impressed on me when I've talked to him was that he - and Richard Stallman - have always preferred to negotiate settlements in cases of alleged breaches of the GNU GPL, rather than to rush to litigation. Hitherto, that's always worked, in the US at least. So it's extremely significant that Moglen's SFLC has decided to change tactics:

The Software Freedom Law Center (SFLC) today announced that it has filed the first ever U.S. copyright infringement lawsuit based on a violation of the GNU General Public License (GPL) on behalf of its clients, two principal developers of BusyBox, against Monsoon Multimedia, Inc. BusyBox is a lightweight set of standard Unix utilities commonly used in embedded systems and is open source software licensed under GPL version 2.

One of the conditions of the GPL is that re-distributors of BusyBox are required to ensure that each downstream recipient is provided access to the source code of the program. On the company's own Web site, Monsoon Multimedia has publicly acknowledged that its products and firmware contain BusyBox. However, it has not provided any recipients with access to the underlying source code, as is required by the GPL.

Clearly something big is afoot, here. Perhaps Moglen thinks the time has come to establish the legal solidity of the GNU GPL once and for all, and that this is the case to do it with. It will certainly be fascinating to see how this plays out.