
Ask HN: What to do in case of GPL license break? - antocv
Hello,<p>What can I do when requesting the source code for a device I own that runs Linux, but the manufacturer is playing dumb and stating they will make the source available when it suits then and later?<p>Doesnt the GPL and other free licenses state it has to be available together with the binaries?<p>Where can I take this issue?<p>Huawei - never buy something from them again.
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martey
The GPL Violations project works on cases similar to this. You could post to
one of their mailing lists for advice/assistance: [http://gpl-
violations.org/mailinglists.html](http://gpl-violations.org/mailinglists.html)

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antocv
Thanks

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dangrossman
I looked up a couple Huawei phone manuals on their site, and they all had a
written offer to provide the GPL-covered source if you mailed them and paid up
to 20 Euros for a CD to be sent to you. Have you contacted them at that
address and offered to buy your CD?

If they refuse for whatever reason, all you can do is make noise or wait. Only
the copyright holder has the right to take any action against a licensee
violating the terms of their license.

~~~
antocv
Yes I have contacted them at that address - this is some parts of the email

first response

"Dear Customer,

Thank you for contacting Huawei device.

Would you please kindly click the to download online directly.

[http://www.huaweidevice.com/worldwide/downloadCenter.do?meth...](http://www.huaweidevice.com/worldwide/downloadCenter.do?method=toDownloadFile&flay=document&softid=NDcxNzc=)

Once again thank you for contacting Huawei device.

Best Regards.

Huawei Device Customer Care Team."

They reply by sending me the link to the PDF Written offer.

Second email does the same, this time with a screenshot of the download button
for the PDF. I tell them again, "Please kindly provide the source code not the
pdf." They reply with this "Please kindly note that the package download just
the source code, it the exactly one, which is not one code. Please kindly
check as per the file according. Once again thank you for contacting Huawei
device.". Wtf?

Again I insist and this time with google translate to chinese, give me the
source code as stated in the written offer. And this seems to be their final
answer

"The open source is under our technical department to make.

Since the procedure is a little more complex, so please kindly be a little
patient.

We will keep you informed once available."

It wouldnt suprise me at all if the source they would put on a CD is tarballs
of the vanilla kernel and others, and none of their modifications to it.

 _Basically, whats the point of free software and GPL when I the end user cant
anyway do more with this router than if it was proprietary? This is in
practice now real life._

~~~
tytso
The PDF written offer seems to request that you send e-mail to
mobile@huawei.com. Have you tried sending a request to that e-mail?

Note that the GPL does not require that the source code be made available on-
line. If the binaries were distributed to you, the entity which distributed
the binaries is obligated to send you the sources on request, but they can
come on a CD, DVD, or potentially even 9-track tape.

~~~
antocv
Yes the quoted replies are from that email.

Seems to be that the source codes can come on a CD 2.9 years later after I
receive the binaries.

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voltagex_
Sorry, I'll stop posting now. You should also get in the queue with the
busybox lawyers - "BusyBox handles enforcement of our license via our fiscal
sponsor, Software Freedom Conservancy instead. Please email <gpl@busybox.net>
if you believe you've found a violation of BusyBox's license, the GPLv2."

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a-nom-a-ly
> Doesnt the GPL and other free licenses state it has to be available together
> with the binaries?

Have you read them? No.

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belorn
As a consumer, you have a few options available to you depending on where you
live.

If the manufacturer given you a written offer for source code and then do not
follow through, contract law and false advertisement laws is yours to use.
This also include if they use wordings like "open source" or "linux" on their
website. I would contact nearest consumer protection agency and seek their
advice.

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voltagex_
Which Huawei device? Often their tarballs match several devices but you may
need to be psychic to work out which.

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voltagex_
Also, if you can post the FCC or CE ID it may be helpful in looking up more
information about the components in the router, the firmware for which may be
under the GPL separately.

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antocv
I cant find the FCC or CE ID but this is whats written on the note under it,

IMEI: 868555010238909, S/N: K8U5TB9372301411 Its an Huawei LTE CPE E5172s 22

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voltagex_
Sorry! You should redact some of the digits of the IMEI.

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antocv
Why? Is it a secret number? What can somebody do with it?

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mariuolo
gpl-violations.org has a mailing list, perhaps you could ask there.

~~~
antocv
Thanks, I did.

Seems Im not alone, a lot of Chinese manufacturers just dont give a shit about
copyright in any way shape or form.

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nightcracker
They don't have to, Chinese law generally does not respect copyright.

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eru
Chinese law as written (!) probably does respect copyright. What you get out
of the courts as a foreigner is a horse of a different colour.

~~~
dspillett
Not just as a foreigner from what I've been told. Apparently it is a problem
for Chinese nationals too and it often comes down to "ingratiating" yourself
with the court and you'll probably find the copier already has them in pocket
from last time. Corruption is endemic in some parts of the Chinese
political/legal framework, much more so that what we complain about from our
systems over here.

