[Arm-netbook] Allwinner's LGPL violation

[Luke Kenneth Casson Leighton]

On Fri, Mar 20, 2015 at 12:24 PM, Simon Kenyon <simon at koala.ie> wrote:
> On 03/19/15 21:38, David Lanzendörfer wrote:
>>
>> Hi
>>>
>>> There's bit of a stink over Allwinner using LGPL'd code in their
>>> binary-only media lib, and then a few days later they try to conceal it
>>> by changing function names. Luke, what is your take on that?
>>
>> I can explain the whole process in a whole detail, because I was directly
>> involved in the process of this decision and I can tell where this is
>> going
>> right now:
>> The rename was done to fix the LGPL violations by adding a wrapper for the
>> GPLed libraries which will be LGPLed and published.
>
> i've said it before and i'll say it again
>
> you cannot unbreak the GPL
>
> if allwinner release binaries with GPL'd code in them, then it is too late
> to do this binary blob, LGPL, GPL shuffle.
> i have three devices with these infringing binaries on them.
> i would like the source for the code that was used to create those binaries.
> not some new source but the source that was used originally. that is what
> the licence says.

 ... so is that clear, david?  the GPL and LGPL are very specific.
you have two options:

 option (a) - release a binary, you must release the exact source and
tools - without fail and without exception - that were used to create
that exact binary.

 option (b) - cease and desist distribution of the binary.

 it goes further to then permit continuation of distribution only on
the condition that (a) has been met within a reasonable amount of
time.  if that *hasn't* happened then the license is truly violated,
you are back to "default copyright permissions" which entails
contacting *every single one* of the copyright holders for permission
to reinstate the license.

 bottom line: no matter that you are trying to "fix" this with an LGPL
wrapper, this action *does not* remove the obligation under the terms
and conditions of the license under which specific binaries were
released.

 this is why i advised you to contact eben (and/or fsfe) because you
*need* advice like this, otherwise you potentially "lose face" with
allwinner by mis-advising them, potentially worst-case jeapordising
your employment there, and losing the opportunity the opportunity that
you've made for yourself.

 this is *serious*, david.  in the eyes of the law (at least in the
USA and EU member states), you're actually working for a criminal
organisation at the moment, not a company!

l.