Quoting in full for benefit of board etc. Apologies for missing this, it seemed to get filed away in a different mailbox. SPI can certainly litigate against the misuse of the Debian trademark. Licence violations etc may be more interesting. If the project wishes (hence the CC: to leader@), we can approach Greg, the current SPI lawyer about this. Regards, Neil On Wed, Sep 05, 2007 at 06:41:13PM -0400, Branden Robinson wrote: > On Tue, Sep 04, 2007 at 08:35:26AM -0700, Gomi No Sensei wrote: > > ---------- Forwarded message ---------- > > From: Gomi No Sensei <[1]gomi.no.sensei@gmail.com> > > Date: Sep 4, 2007 8:33 AM > > Subject: Fwd: PhotoVu Inquiry: 48889582 - 17" Frame, Open-source > > To: [2]license-violation@gpl-violations.org > > > > The following email is self-explanatory. The device sold at > > [3]www.photovu.com is based on a modified Debian, but the company will not > > disclose the source. > > > > The quote is: "We will never have an open platform as we do not have the > > resources to support such an open product in the field. It's not that we > > wouldn't like to, as we believe in open source and in fact use a > > customized base debian distribution with the addition of all our custom > > software on top. .... The last reason is why we weld our units shut and > > the aluminum metal must be cut and drilled to open it up!" > > PhotoVu does *not* have to release source code of works they release in > binary form to any third party *unless* they fail to accompany their > digital photo frames with the corresponding code on a medium customarily > used for software interchange. I am quoting the requirements of section > 2b) of version 2 of the GPL[1]. (I am also assuming that the code PhotoVu > is using is not so fresh that it has any portions licensed GPL version 3.) > > The GPL also does not require the vendor to *tell* you if their product > ships with corresponding source code, though if they deceive you and you > are a U.S. resident, you may recourse to the consumer protection laws of > your state, or the state of Colorado, where PhotoVu claims to be > incorporated[2]. > > Given the tone of the email, I suspect they don't provide complete > corresponding source code as required by section 2b of the GPL2, and since > they have refused you in your capacity as "any third party" that source > code at any price (section 2c), I find reason to pursue a potential license > violation here. > > The best way to find out is to find a PhotoVu customer ask learn from them > if they received either the complete corresponding source code on a DVD-ROM > or other medium (2b) or a written offer, valid for three years for the same > (2c). > > To follow-up on something Gunnar Wolf said: > > While (to the best of my knowledge) Software in the Public Interest, Inc., > is not a copyright holder in any portion of Debian GNU/Linux, this is still > a matter worth bringing to SPI's attention. SPI owns certain U.S. > trademarks, and it is conceivable that retaining trademarked Debian logos > in a derived product while not honoring the copyright licenses on the > software comprising Debian GNU/Linux gives rise to a civil cause of action > against PhotoVu. > > Accordingly, I am CCing the SPI Board of Directors. > > A courteous letter from SPI's counsel setting out these issues may be all > that is required to achieve PhotoVu's compliance. Bradley Kuhn and Eben > Moglen have frequently counseled tact and patience when pursuing apparent > GPL violations. Assume ignorance or misunderstanding until and unless that > assumption is unsustainable. > > [1] http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt > [2] http://www.photovu.com/bio.html > > In case it gets changed, I quote: > > PhotoVu custom manufactures each digital picture frame at their > Boulder, Colorado facilities, using the finest individually made wood > frames and matboards, coupled with brand new electronic components, > resulting in a truly one-of-a-kind product. Customers can also order a > custom tailored frame and mat to match a given décor. > > PhotoVu, LLC is a privately held and privately financed company > registered in the state of Colorado. > > -- > G. Branden Robinson | The basic test of freedom is > Debian GNU/Linux | perhaps less in what we are free to > branden@debian.org | do than in what we are free not to > http://people.debian.org/~branden/ | do. -- Eric Hoffer -- Neil McGovern Secretary, Software in the Public Interest, Inc.
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