Re: GPL violation by the Tablet Contribution Program

I believe this is in error. We provide what we're required to provide at 
https://github.com/flatfish-fox/flatfish-kernel and 
https://github.com/flatfish-fox

- A


On 5/29/14, 6:35 AM, Adrian Custer wrote:
>
>
>
> To whomever feels legally responsible for Mozilla's actions,
>
>
> Mozilla has given me a Tablet as part of the Firefox OS Tablet
> Contribution Program. Unfortunately, in the process, Mozilla has
> violated the terms of the General Public License, version 2, (GPL) used
> by the Linux kernel and several core libraries integrated into the
> version of Firefox OS running on the device. Mozilla has failed to
> fulfill either of the three conditions required by section 3 of the GPL:
>   http://www.gnu.org/licenses/gpl-2.0.html#section3
> which requires that those distributing binaries of GPL must 'accompany'
> the binary by either:
>   * the source code of the binary, or
>   * a written offer to obtain the source code, or
>   * 'information' provided by a previous distributor of the binary.
>
> The quickest way to resolve this violation might be to:
>   1. write a web page (or extend
>      https://wiki.mozilla.org/FirefoxOS/TCP/Patching) which explains
>      how to extract from the build system the source code for the
>      exact build of Firefox OS which was used on the device as shipped
>      (i.e.whatever '1.4.0.0-prerelease' means).
>   2. email ( 'a written offer') all recipients of the tablets with
>      a link to those instructions.
> Properly, a piece of paper should have been added in the tablet box with
> that link, something Mozilla should ensure is done in any future
> hardware give away program.
>
>
>
>
> In greater depth:
>
> The Tablet Contributor Program is distributing a hardware device running
> Firefox OS which includes the Linux kernel. Therefore Mozilla is
> distributing a binary of the Linux kernel software and Mozilla therefore
> MUST comply with the terms of the GPL and MUST fulfill one the the three
> conditions of section 3 of that license. (MUST, that is, unless Mozilla
> takes the anarchist stance that software licenses are immoral and need
> not be followed and Mozilla then decides to operate outside the legal
> system.) The fact the tablets are given away or that Mozilla
> believes itself to be working in the best interests of end users does
> not alter the legal requirements of the GPL.
>
> Section 3 of the GPL (http://www.gnu.org/licenses/gpl-2.0.html#section3)
> makes a requirement of those distributing binaries of GPL
> programs (in order to guarantee the freedoms the recipients of those
> programs) that the binary be 'accompanied' by either:
>   * the source code of the binary, or
>   * a written offer to obtain the source code, or
>   * 'information' provided by a previous distributor of the binary.
>
> The standard way compliance with this section of the GPL is usually
> ensured for devices running a Linux kernel has been to include a piece
> of paper pointing to an URL where the source can be obtained. For
> example, the 'Alcatel' branded device running Firefox OS which I
> purchased included, in the box, a piece of paper pointing to a
> Sourceforge dump of the supposed source code for Firefox OS used on the
> device. Thus, the manufacturer and the telephony provider perhaps
> complied with the letter of the GPL. (However, that Sourceforge
> repository is missing some key files or instructions for duplicating the
> build of the software, so the distributors have failed to comply with
> the intent of the requirements: making it easy for the recipients of
> their devices to hack on the source.)
>
> The GPL software at the heart of Firefox OS raises a few difficulties
> for those distributing Firefox OS, whether hardware manufacturers,
> telephony partners, Mozilla, or hobbyist hackers. We will all run into
> difficulties with the requirements of the GPL until such times as the
> heavy work has been done to refactor the current build system (i.e.
> properly split Gonk from the rest of the OS, fix the build system to
> work on multiple operating systems, fix the build system to use shallow
> clones by default, show how to use specific tags of all the projects in
> the 'repo' tool build) to enable all of us comply with the requirements
> of the GPL while ensuring we provide the recipients of our builds with
> all the freedom to easily hack their own way forwards.
>
>
>
> Sincerely,
>   Adrian Custer
>
>
> P.S. This message has been sent to:
>     [email protected]
>     [email protected]
>     [email protected]
> in hopes the message might make its way back to someone feeling
> responsible. It is unclear where this message properly should be sent:
> Mozilla does not offer any well publicized communication channels from
> outside developers to the leaders of the TCP program, of the Firefox OS
> Project, or even of the Mozilla Foundation itself.
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