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BMW Australia Refusing to Comply with Terms of GNU Public License

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Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#211
post #106

Earlier quoted context omitted.

So, you release code but don't let anyone use it? Because that's the legal effect of not putting licenses on your stuff.

Yep and I use code without license all the time. Show me one case where that has ever caused a problem.

Until somebody sues you for copyright infringement (because you broke the law), nothing bad will happen. Yet.

Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#212
post #193
post #141

Earlier quoted context omitted.

What's the problem?

First is security, if current asset based on linux is vulnerable and you make it public consequences are obvious. Or even your system is vulnerable itself because of modifications. Or 0day that will reveal afterwards. And your product is based on embedded systems. I understand it's your choice, but it holds the development. Second is competitive advantage. If you have to release modified system, that you use in your…

If you choose to use code that is under the GPL or similar copyleft licenses, then you have to play by the rules and provide people you distribute your software to a way to get the source code.

Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#213
post #121
post #116

Earlier quoted context omitted.

I disagree. If you sell me a CD with software on it, I have the software. If you sell me a car that runs a software internally, I have a car, but not the software. The car, unlike the CD, is not a container for the software. In fact, there is no trivial or intended way to get the software out of the car. As I said, GPLv3 addresses this explicitly, but with GPLv2 the license just doesn't apply. Then again, lots of peo…

Incidentally, if you send me a USB stick with some GPL software on it, I can demand that you give me the source code of that software. However, I can not demand that you also give me the source code for the firmware of the USB stick, even if the source code for that firmware is under GPL (v2)

I would definitely demand the firmware if it is GPL. Just because it is "firmware" doesn't suddenly not make it software that you've given me.

Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#214
post #211
post #106

Earlier quoted context omitted.

Yep and I use code without license all the time. Show me one case where that has ever caused a problem.

Until somebody sues you for copyright infringement (because you broke the law), nothing bad will happen. Yet.

We both know that will never happen. I'm just being realistic here.

Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#215
post #212
post #193

Earlier quoted context omitted.

First is security, if current asset based on linux is vulnerable and you make it public consequences are obvious. Or even your system is vulnerable itself because of modifications. Or 0day that will reveal afterwards. And your product is based on embedded systems. I understand it's your choice, but it holds the development. Second is competitive advantage. If you have to release modified system, that you use in your…

If you choose to use code that is under the GPL or similar copyleft licenses, then you have to play by the rules and provide people you distribute your software to a way to get the source code.

Yes, I understand

Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#216
Duncan here. I'm the one who contacted BMW to ask about source code availability. I don't own one of the BMWs in question, but the chap who wrote the original article investigating the update contents did.

I've since been contacted by someone clueful from BMW Germany, and have put him in touch with the car owner. They are working together to determine what needs to be done for BMW to be compliant.

tl;dr: It looks like it's all going to be sorted out amicably.

Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#217
post #119

To me this doesn't really look like a clear cut case. Does he own one of these cars? If not, then I think it is very dubious whether he has any standing to request the source code. If he does then included with the car should be an offer for how to access the GPL source code. He should have followed that (or clearly stated that he could not locate it in his email). The requirement for him to enter the VIN to access t…

I only tweeted the refusal after several verbal attempts to speak to someone in legal. My preferred approach - as it was when I dealt with Telstra over a similar issues - is to find the right person and sort things out with them.

BMW Australia, however, were quite hostile, refused to let me speak to anyone in legal, and told me verbally that I'd have to sue them in order for them to release the code to their customers.

I'm much less inclined to spend time resolving things smoothly and quietly at that point.

Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#218
post #214
post #211

Earlier quoted context omitted.

Until somebody sues you for copyright infringement (because you broke the law), nothing bad will happen. Yet.

We both know that will never happen. I'm just being realistic here.

It depends on whose copyright you infringed upon. If it's a company, you can bet your ass they'll sue you if they find out. If it was an individual, then probably nothing will happen. But that doesn't mean you shouldn't use a free software license for your software. Many people will refuse to use it, because they cannot be sure they are legally allowed to do so.

Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#219
post #218
post #214

Earlier quoted context omitted.

We both know that will never happen. I'm just being realistic here.

It depends on whose copyright you infringed upon. If it's a company, you can bet your ass they'll sue you if they find out. If it was an individual, then probably nothing will happen. But that doesn't mean you shouldn't use a free software license for your software. Many people will refuse to use it, because they cannot be sure they are legally allowed to do so.

If it's a company which cares about copyright I'm sure they will put a license on it. The scenario we're talking about is where people put up code without bothering putting a license on it. I have a hard time seeing anyone would be sued for using that since the author clearly don't care.

Re: BMW Australia Refusing to Comply with Terms of GNU Public License

#220
post #219
post #218

Earlier quoted context omitted.

It depends on whose copyright you infringed upon. If it's a company, you can bet your ass they'll sue you if they find out. If it was an individual, then probably nothing will happen. But that doesn't mean you shouldn't use a free software license for your software. Many people will refuse to use it, because they cannot be sure they are legally allowed to do so.

If it's a company which cares about copyright I'm sure they will put a license on it. The scenario we're talking about is where people put up code without bothering putting a license on it. I have a hard time seeing anyone would be sued for using that since the author clearly don't care.

A license is permission to use rights reserved under copyright. Someone who cares about copyright but doesn't intend to give any permissions will not provide a license.
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