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Legal

FCC: We aren’t banning DD-WRT on Wi-Fi routers

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Legal

Back in March, the FCC issued a Software Security Requirements document that said manufacturers applying for equipment authorizations should "Describe in detail how the device is protected from 'flashing' and the installation of third-party firmware such as DD-WRT." Applicants also had to answer the question, "What prevents third parties from loading non-US versions of the software/firmware on the device?"

Upon receiving criticism, the FCC insisted that there was no ban on software like DD-WRT and OpenWRT, saying instead manufacturers must prevent devices from working outside their allowed frequencies, types of modulation, and power levels so as not to interfere with other systems.

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GPL Enforcement and the Trans-Pacific Partnership

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GNU
Legal

The revelation of this clause has confused our community, as it appears as if this provision, once adopted, might impact or restrict the international operation of copyleft licenses. Below we explain that, while everyone should reject and oppose this provision — and the rest of TPP — this provision has no dramatic impact on copyleft licensing.

First, as others have pointed out, Party is a defined term that refers specifically to government entities that sign the treaty. As such, the provision would only constrain the behavior of governments themselves. There are some obviously bad outcomes of this provision when those governmental entities interfere with public safety and ethical distribution of software, but we believe this provision will not interfere with international enforcement of copyleft.

Copyleft licenses use copyright as a mechanism to keep software free. The central GPL mechanism that copyright holders exercise to ensure software freedom is termination of permission to copy, modify and distribute the software (per GPLv2§4 and GPLv3§8). Under GPL's termination provisions, non-compliance results in an automatic termination of all copyright permissions. In practice, distributors can chose — either they can provide the source code or cease distribution. Once permissions terminate, any distribution of the GPL'd software infringes copyrights. Accordingly, in an enforcement action, there is no need to specifically compel a government to ask for disclosure of source code.

For example, imagine if a non-US entity ships a GPL-violating, Linux-based product into the USA, and after many friendly attempts to achieve compliance, the violating company refuses to comply. Conservancy can sue the company in US federal court, and seek injunction for distribution of the foreign product in the USA, since the product infringes copyright by violating the license. The detailed reasons for that infringement (i.e., failure to disclose source code) is somewhat irrelevant to the central issue; the Court can grant injunction (i.e., an order to prevent the company from distributing the infringing product) based simply on the violator's lost permissions under the existing copyright license. The Court could even order the cease of import of the infringing products.

In our view, the violator would be unaffected under the above TPP provision, since the Court did not specifically compel release of the source code, but rather simply ruled that the product generally infringed copyrights, and their distribution rights had fully terminated upon infringement. In other words, the fact that the violator lost copyright permissions and can seek to restore them via source code disclosure is not dispositive to the underlying infringement claim.

While TPP thus does not impact copyright holders' ability to enforce the GPL, there are nevertheless plenty of reasons to oppose TPP. Conservancy therefore joins the FSF, EFF, and other organizations in encouraging everyone to oppose TPP.

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TPP has provision banning requirements to transfer or or access to source code of software

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OSS
Legal

The TPP E-Commerce chapter has a provision banning requirements to transfer or provide access to software source code. This applies to "mass market software."

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OSI Joins Comment to FCC on ET Docket No. 15-170

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OSS
Legal

The signers respectfully request that the commission carefully balance the important work of protecting the radio spectrum with the immeasurable value in experimentation, innovation, and freedom for law-abiding users. Additionally, the signers invite the commission and other regulatory agencies to collaborate with industry; free, open source, and proprietary software developers; and device users on developing wireless device policies and recommendations that meet the needs of regulatory agencies and protect the ability of users to inspect, modify and improve their devices.

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Christoph Hellwig Continues VMware GPL Enforcement Suit in Germany

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Legal

The lawsuit continues to progress. VMware has filed a statement of defense, in which they assert arguments for the dismissal of the action. Christoph, with the assistance of his lawyer Till Jaeger, has filed his response to these arguments. Unfortunately, VMware has explicitly asked for the filings not to be published and, accordingly, Conservancy has not been able to review either document. With the guidance of counsel, Christoph was able to provide Conservancy with a high-level summary of the filings from which we are able to provide this update. VMware's statement of defense primarily focuses on two issues. First, VMware questions Christoph's copyright interest in the Linux kernel and his right to bring this action. Second, VMware claims vmklinux is an “interoperability module” which communicates through a stable interface called VMK API.

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GNU/FSF/SFLC News

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GNU
Legal
  • 30 Years of Free Software Foundation: Best Quotes of Richard Stallman
  • GNU Spotlight with Brandon Invergo: Sixteen new GNU releases!

    16 new GNU releases in the last month (as of September 24, 2015):

    autogen-5.18.6
    cpio-2.12
    ddrescue-1.20
    gdb-7.10
    gettext-0.19.6
    global-6.5.1
    gnupg-2.1.8
    gnutls-3.4.5
    help2man-1.47.2
    libgcrypt-1.6.4
    libmicrohttpd-0.9.43
    libtasn1-4.7
    linux-libre-4.2-gnu
    parallel-20150922
    sipwitch-1.9.10
    ucommon-6.6.0

  • [FSFE PR][EN] FSFE convinces 1125 public administrations to remove proprietary software advertisements

    The campaign began in 2009 with the intent of removing advertisements for proprietary PDF reader software from public institutions' websites. To start it all off, volunteers submitted 2104 "bugs", or instances of proprietary PDF software being directly promoted by public authorities, and the FSFE listed[2] them online. Since then, hundreds of Free Software activists took action by writing to the relevant public institutions and calling for changes to their websites. We received a lot of positive feedback from the institutions thanking us for our letters, and to date, 1125 out of the 2104 websites (53%) edited their websites by removing links to proprietary PDF readers, or adding links to Free Software PDF readers.

  • GLib now has a datagram interface

    For those who like their I/O packetised, GLib now has a companion for its GIOStream class — the GDatagramBased interface, which we’ve implemented as part of R&D work at Collabora. This is designed to be implemented by any class which does datagram-based I/O. GSocket implements it, essentially as an interface to recvmmsg() and sendmmsg(). The upcoming DTLS support in glib-networking will use it.

  • SFLC Files Comment with FCC Arguing Against Overbroad Rules Prohibiting User Modification of Software on Wireless Devices

    On Friday, October 9th, 2015 the Software Freedom Law Center (SFLC) submitted a comment with the United States Federal Communications Commission, which has proposed a number of revisions to its rules and regulations concerning approval of wireless devices. Notice of Proposed Rule Making, ET Docket No. 15-170. SFLC takes the position that the Commission does not possess the legal authority to adopt a rule that regulates the software running in devices that does not affect the operation of RF transmitters or create interference. SFLC further argues that, even within the scope of the Commission's regulatory jurisdiction, the Commission must tread carefully to avoid over-regulating radio frequency device software to the detriment of user innovation and after-market software modification. SFLC also urges the Commission to issue a policy statement (1) supporting the use of community developed or free software in networking devices; (2) recognizing the overwhelming social benefits generated from the high-quality software produced by non-profit communities; and (3) stating that preferring proprietary software over software whose source code is publicly available does not meaningfully enhance the security of software.

The importance of community-oriented GPL enforcement

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OSS
Legal

The Free Software Foundation and Software Freedom Conservancy have released a statement of principles on how GPL enforcement work can and should be done in a community-oriented fashion. The president of the Open Source Initiative, Allison Randal, participated as a co-author in the drafting of the principles, together with the leadership of FSF and Conservancy.

The Open Source Initiative's mission centers on advocating for and supporting efforts to improve community best practices, in order to promote and protect open source (founded on the principles of free software). While the OSI's work doesn't include legal enforcement actions for the GPL or any of the family of licenses that conform to the Open Source Definition, we applaud these principles set forth by the FSF and Conservancy, clearly defining community best practices around GPL enforcement.

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Open Access (Textbooks/Commons)

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OSS
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Lawyers Versus FOSS Licensing

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OSS
Legal
  • Startups, Know This About Open Source Before Incorporating It into Your Products

    The use of open source to develop new software products is widespread among technology startups, to the point that there are over 25 million repositories on GitHub, over 430,000 projects on SourceForge and over 21 billion lines of indexed and searchable open source code on the Black Duck Open Hub. Technology startups use open source in three main ways:

  • Open source software: What you don’t know could hurt you

    The most significant aspect of the GPL is that it requires users of open source code who incorporate that code into their own programs and then distribute those programs, to make both the pre-existing source code and the source code for the new work available to recipients of the new software. This requirement arises when the new work is derived from or based upon the pre-existing code.

CC BY-SA 4.0 now one-way compatible with GPLv3

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GNU
Legal

Put simply this means you now have permission to adapt another licensor’s work under CC BY-SA 4.0 and release your contributions to the adaptation under GPLv3 (while the adaptation relies on both licenses, a reuser of the combined and remixed work need only look to the conditions of GPLv3 to satisfy the attribution and ShareAlike conditions of BY-SA 4.0).

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More in Tux Machines

today's leftovers

  • The future of xinput, xmodmap, setxkbmap, xsetwacom and other tools under Wayland
    This post applies to most tools that interface with the X server and change settings in the server, including xinput, xmodmap, setxkbmap, xkbcomp, xrandr, xsetwacom and other tools that start with x. The one word to sum up the future for these tools under Wayland is: "non-functional". An X window manager is little more than an innocent bystander when it comes to anything input-related. Short of handling global shortcuts and intercepting some mouse button presses (to bring the clicked window to the front) there is very little a window manager can do. It's a separate process to the X server and does not receive most input events and it cannot affect what events are being generated. When it comes to input device configuration, any X client can tell the server to change it - that's why general debugging tools like xinput work.
  • Please don't use pastebins in bugs
  • Linux Top 3: SparkyLinux 4.5, Mageia 5.1 and Peppermint 7
    SparkyLinux is (yet another) Debian based Linux distribution. The SparkyLinux 4.5 update codenamed "Tyche' was released on December 3, providing users with multiple desktop choice other than GNOME. SparkLinux 4.5 ships with KDE, LXDE, LXQt, MATE and Xfce.
  • Upcoming Linux Distributions Releasing In December 2016
    In December 2016, a big Linux distribution release is taking shape in the form of Linux Mint 18.1 Serena, flavored by Cinnamon 3.2. It’ll be accompanied by the release of security and privacy-focused Anonymous Live CD Tails 2.9.
  • AMD Extends Strategic Partnership with Mentor Graphics for Linux-based Embedded Solutions
  • Samsung Z2 gets Firmware Update to Tizen 2.4.0.6 Z200FDDU0BPK3 in India
    Samsung’s latest Tizen-based smartphone, the Z2 model number SM-Z200F, has had a new software / firmware update land in India today. The update takes it to Tizen version 2.4.0.6., firmware Z200FDDU0BPK3. The update log mentions the following improvements: Improved send SOS message (panic mode) and also improvements to the security of the device. Additional bug fixes and performance improvements may have also been bundled in.

Leftovers: Software

  • choqok 1.6 Twitter Client was released and completely ported with KDE Frameworks 5
    Choqok is a fast, efficient and simple to use twitter client for Linux (especially built for the KDE desktop environment) that is installed by default to some of the Linux distribution which shipped with KDE Desktop Environment. The name comes from an ancient Persian word, means Sparrow!
  • 10 open source tools for your sysadmin toolbox [Ed: Terrible list which starts with two suggestions of Microsoft EEE]
    Sysadmins, no matter what platforms they work on, are awash in great open source software tools. In this article, we highlight well-known—and not-so-well-known—tools that have released new versions in 2016.
  • NetworkManager 1.2.6 Lets You Activate Multiple PPPoE Connections Simultaneously
    Beniamino Galvani was proud to announce the release and general availability of a new maintenance update to the stable NetworkManager 1.2 series of the open source network connection manager software for GNU/Linux distributions. NetworkManager is the most used network connection manager, adopted by almost all Linux-based operating systems on the market, and NetworkManager 1.2.6 is now the most advanced release of the 1.2 stable series, coming four months after the NetworkManager 1.2.4 update to fix a few bugs and regressions reported by users since then.
  • GNOME loves to cook
    With the upcoming 20th birthday of GNOME next year, some of us thought that we should make another attempt at this application, maybe as a birthday gift to all of GNOME. Shortly after GUADEC, I got my hands on some existing designs and started to toy around with implementing them over a few weekends and evenings. The screenshots in this post show how far I got since then.

today's howtos

Linux Foundation: Blockchain and Automotive Grade Linux

  • Linux Foundation’s Blockchain Collective Hyperledger Hits 100 Members
    Hyperledger aims to enable organizations to build robust, industry-specific applications, platforms and hardware systems to support their individual business transactions by creating an enterprise grade, open source distributed ledger framework and code base.
  • The Blockchain Milestone You May Have Missed
  • Sasken becomes member of Automotive Grade Linux
    Sasken Communication Technologies Ltd has announced its membership with Automotive Grade Linux as its bronze member. This will enable Sasken to provide solutions to customers on Automotive Grade Linux (AGL). Sasken will provide product development and system integration services for automotive customers spanning in-vehicle infotainment (IVI), instrument cluster, heads-up display and telematics.