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Oneplus GPL violation for Android 12 Kernel

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Re: Oneplus GPL violation for Android 12 Kernel

#21

Post by enriquto »

rafram wrote: post #18
DiabloD3 wrote: post #13

This happens every new Android version with OnePlus. OnePlus releases them usually a few months behind the end of initially release cycle getting all the older phones onto the newer build. Covid has been making this worse, plus people left the team when Oppo and OnePlus merged teams. Kinda wish they would just stop doing it, but this is why phones maybe shouldn't ship with a working OS anyways and make the user suppl…

> this is why phones maybe shouldn't ship with a working OS anyways and make the user supply it instead. I really hope you’re joking. In what way would that be better for anyone but the most hardcore tinkerers?

So that you are not betrayed by a software that you just purchased but that you cannot change? In what way allowing this betrayal is better for anyone but the people who benefit from it (e.g. by selling your private data, or whatever their unchangeable proprietary software does)?

Re: Oneplus GPL violation for Android 12 Kernel

#22

Post by trasz »

car_analogy wrote: post #17
oneplane wrote: post #14

Earlier quoted context omitted.

I didn't write anything about overriding, did I? I presented a problem scenario where one plus is screwed because they are in between conflicting legal settings.

> I didn't write anything about overriding, did I? > In other words: unlikely to happen because of NDAs

What are real-life consequences of violating GPL, compared to breaking the NDA?

Re: Oneplus GPL violation for Android 12 Kernel

#23

Post by rafram »

enriquto wrote: post #21
rafram wrote: post #18

Earlier quoted context omitted.

> this is why phones maybe shouldn't ship with a working OS anyways and make the user supply it instead. I really hope you’re joking. In what way would that be better for anyone but the most hardcore tinkerers?

So that you are not betrayed by a software that you just purchased but that you cannot change? In what way allowing this betrayal is better for anyone but the people who benefit from it (e.g. by selling your private data, or whatever their unchangeable proprietary software does)?

Of course users should be allowed to install new operating systems, but there’s no reason for the phone not to come with one at all. You don’t need to boot the stock ROM even once if you don’t want to - just boot into recovery mode and flash a new one right out of the box.

A phone shipping without an operating system at all would make it unusable for the vast majority of the general public.

Re: Oneplus GPL violation for Android 12 Kernel

#24

Post by rafram »

snvzz wrote: post #20
rafram wrote: post #18

Earlier quoted context omitted.

> this is why phones maybe shouldn't ship with a working OS anyways and make the user supply it instead. I really hope you’re joking. In what way would that be better for anyone but the most hardcore tinkerers?

Standardization of boot process, driver availability, ease of install. While at it, erradication of shovelware.

How would not shipping with an operating system accomplish those things?

Re: Oneplus GPL violation for Android 12 Kernel

#25

Post by car_analogy »

trasz wrote: post #22
car_analogy wrote: post #17

Earlier quoted context omitted.

> I didn't write anything about overriding, did I? > In other words: unlikely to happen because of NDAs

What are real-life consequences of violating GPL, compared to breaking the NDA?

The NDA probably has explicit terms outlining the consequences of breaking it, so I can't answer that. But as for the GPL, whatever damages or remedy a court might impose for the violation of copyright.

Not complying with the GPL makes this legally equivalent to distributing a copy of Star Wars: Return of the Jedi with each phone. I'm sure no-one would be dismissing that as something unlikely to bear consequences. And the law protects Star Wars and GPL'd code equally.

Re: Oneplus GPL violation for Android 12 Kernel

#26

Post by onphonenow »

warp wrote: post #11
noisy_boy wrote: post #2

Genuine question: what happens if they refuse to release? How is it enforced? If the answer is going to court, who sues them? EFF?

I think the Software Freedom Conservancy is probably the most active in trying to enforce GPL compliance on free software in general, and for the Linux kernel in particular. Some kernel developers have assigned their copyrights directly to the SFC, and some have signed agreements for SFC to do this enforcement on their behalf. (see https://sfconservancy.org/copyleft-compliance/ ) Obviously there are many people and o…

Actually, the Linux kernel devs and SFC really don't see eye to eye on this.

I'd say Harald Welte did a ton for GPL enforcement - really very impressive. He asked for but did not demand release of stuff he didn't have copyright for as well which normally worked.

Also does a vendor FAQ - https://gpl-violations.org/faq/vendor-faq/ to help folks get it right.

Re: Oneplus GPL violation for Android 12 Kernel

#27

Post by yyyk2 »

trasz wrote: post #22
car_analogy wrote: post #17

Earlier quoted context omitted.

> I didn't write anything about overriding, did I? > In other words: unlikely to happen because of NDAs

What are real-life consequences of violating GPL, compared to breaking the NDA?

Being sued for copyright infringement.

Re: Oneplus GPL violation for Android 12 Kernel

#28

Post by Semaphor »

car_analogy wrote: post #25
trasz wrote: post #22

Earlier quoted context omitted.

What are real-life consequences of violating GPL, compared to breaking the NDA?

The NDA probably has explicit terms outlining the consequences of breaking it, so I can't answer that. But as for the GPL, whatever damages or remedy a court might impose for the violation of copyright. Not complying with the GPL makes this legally equivalent to distributing a copy of Star Wars: Return of the Jedi with each phone. I'm sure no-one would be dismissing that as something unlikely to bear consequences. An…

> And the law protects Star Wars and GPL'ed code equally.

The law, maybe. But governments/courts protect them very unequally, as only one of them has people throwing money at politicians.

Re: Oneplus GPL violation for Android 12 Kernel

#30

Post by pt_PT_guy »

DiabloD3 wrote: post #13

This happens every new Android version with OnePlus. OnePlus releases them usually a few months behind the end of initially release cycle getting all the older phones onto the newer build. Covid has been making this worse, plus people left the team when Oppo and OnePlus merged teams. Kinda wish they would just stop doing it, but this is why phones maybe shouldn't ship with a working OS anyways and make the user suppl…

> but this is why phones maybe shouldn't ship with a working OS anyways and make the user supply it instead.

this enforcement is actually a very good idea!

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