[Discuss] Fwd: Hey FCC, Don't Lock Down Our Wi-Fi Routers | WIRED

[MBR]

Unfortunately, Torvalds despises GPLv3, so the Linux kernel and anything 
else he has copyright on will stay with GPLv2.

    Mark Rosenthal


On 10/5/15 1:33 PM, Bill Bogstad wrote:
> On Mon, Oct 5, 2015 at 1:00 PM, Edward Ned Harvey (blu)
> <blu at nedharvey.com> wrote:
>>> From: Discuss [mailto:discuss-bounces+blu=nedharvey.com at blu.org] On
>>> Behalf Of Shirley Márquez Dúlcey
>>>
>>> A router locked down in that way could not incorporate any GPLv3 code.
>> I don't see any reason locked-down firmware would violate GPLv3. As long as you announce what code you're using, and distribute the code.
> Actually one of the changes in GPLv3 was to add requirements for
> installation instructions for certain classes of products.  From
> section 6 of:
>
> http://www.gnu.org/licenses/gpl-3.0.html
> ===
> A “User Product” is either (1) a “consumer product”, which means any
> tangible personal property which is normally used for personal,
> family, or household purposes, or (2) anything designed or sold for
> incorporation into a dwelling. In determining whether a product is a
> consumer product, doubtful cases shall be resolved in favor of
> coverage. For a particular product received by a particular user,
> “normally used” refers to a typical or common use of that class of
> product, regardless of the status of the particular user or of the way
> in which the particular user actually uses, or expects or is expected
> to use, the product. A product is a consumer product regardless of
> whether the product has substantial commercial, industrial or
> non-consumer uses, unless such uses represent the only significant
> mode of use of the product.
>
> “Installation Information” for a User Product means any methods,
> procedures, authorization keys, or other information required to
> install and execute modified versions of a covered work in that User
> Product from a modified version of its Corresponding Source. The
> information must suffice to ensure that the continued functioning of
> the modified object code is in no case prevented or interfered with
> solely because modification has been made.
>
> If you convey an object code work under this section in, or with, or
> specifically for use in, a User Product, and the conveying occurs as
> part of a transaction in which the right of possession and use of the
> User Product is transferred to the recipient in perpetuity or for a
> fixed term (regardless of how the transaction is characterized), *****
> the Corresponding Source conveyed under this section must be
> accompanied by the Installation Information. ***
>   But this requirement does not apply if neither you nor any third
> party retains the ability to install modified object code on the User
> Product (for example, the work has been installed in ROM).
> ===
>
> So basically under GPLv3 if a product is sold to consumers and the
> firmware is updatable then the end user has to be given all
> information required to updated the firmware.  So WiFi router, cell
> phones, TVs, streaming media devices, etc. if they contain GPLv3
> covered source code must provide installation instructions/keys.   Of
> course, the Linux kernel is under GPLv2 which doesn't have this
> provision.
>
> Bill Bogstad
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