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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
Legal

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

Tizen News: Phones and TVs

  • Tizen 3.0-powered Samsung Z4 now available with offline retailers in india
    The Samsung Z4, the fourth smartphone in Samsung’s Z series and a successor to the Z2 (and not the Z3, as many would assume), has been formally announced and made an appearance at the Tizen Developer Conference (TDC 2017) this past week. The Z4 was rumoured to make its way to India on May 19th (Friday) and it did – arriving with offline retailers after launching in the country last Monday (one week ago).
  • Samsung 2017 QLED TVs World First to support autocalibration for HDR
  • Samsung approves You.i TV video platform for Tizen TV app development
    While Samsung has developed Tizen TV apps using JavaScript, You.i TV’s Engine Video app runs on Native Client (NACL), a web technology that does not only allows C++ applications to run in a standard browser but is said to be 24 times faster than JavaScript. Now that Samsung has approved You.i TV’s video engine platform, developers can craft more video content for Tizen Smart TV owners.
  • Samsung Smart TV gets a new Glympse app that enables location sharing on the TV
    Samsung Smart TV, powered by the intuitive, self-developed Tizen operating system, has gotten a cool new app which enables consumers to view the location of their friends, loved ones or even a pizza delivery or cable technician in real-time directly from their home’s largest screen. The new app is developed by Glympse, the leading real-time location services platform.

How To Encrypt DNS Traffic In Linux Using DNSCrypt

​Dnscrypt is a protocol that is used to improve DNS security by authenticating communications between a DNS client and a DNS resolver. DNSCrypt prevents DNS spoofing. It uses cryptographic signatures to verify that responses originate from the chosen DNS resolver and haven’t been tampered with. DNSCrypt is available for multi-platforms including Windows, MacOS, Unix, Android, iOS, Linux and even routers. Read
more

Debian-Based Untangle 13.0 Linux Firewall Tackles Bufferbloat, Adds New Features

Untangle NG Firewall, the open-source and powerful Debian-based network security platform featuring pluggable modules for network apps, has been updated to version 13.0, a major release adding new features and numerous improvements. The biggest improvement brought by the Untangle NG Firewall 13.0 release is to the poor latency generated by excess buffering in networking equipment, called bufferbloat, by supporting a queueing algorithm designed to optimize QoS and bandwidth to enforce a controlled delay. Read more

Kernel Space: HMM, Cloud Native, Linux 4.12, TFS, Linux 4.11.2, and 4.10 EoL

  • Faster machine learning is coming to the Linux kernel
    Heterogenous memory management (HMM) allows a device’s driver to mirror the address space for a process under its own memory management. As Red Hat developer Jérôme Glisse explains, this makes it easier for hardware devices like GPUs to directly access the memory of a process without the extra overhead of copying anything. It also doesn't violate the memory protection features afforded by modern OSes.
  • Product Development in the Age of Cloud Native
    Ever since the mass adoption of Agile development techniques and devops philosophies that attempt to eradication organizational silos, there’s been a welcome discussion on how to optimize development for continuous delivery on a massive scale. Some of the better known adages that have taken root as a result of this shift include “deploy in production after checking in code” (feasible due to the rigorous upfront testing required in this model), “infrastructure as code”, and a host of others that, taken out of context, would lead one down the path of chaos and mayhem. Indeed, the shift towards devops and agile methodologies and away from “waterfall” has led to a much needed evaluation of all processes around product and service delivery that were taken as a given in the very recent past.
  • Running Intel Kabylake Graphics On Linux 4.12
  • TFS File-System Still Aiming To Compete With ZFS, Written In Rust
    The developers behind the Rust-based Redox operating system continue working on the "TFS" file-system that they hope will compete with the long-standing ZFS file-system, but TFS isn't being tied to just Redox OS.
  • Linux Kernel 4.10 Reached End of Life, Users Urged to Move to Linux 4.11 Series
    Greg Kroah-Hartman informed the Linux community about the release and immediate availability of the seventeenth maintenance update to the Linux 4.10 kernel series, which also marked the end of life.
  • Linux Kernel 4.11.2 Has Many F2FS and CIFS Improvements, Lots of Updated Drivers