freebox possible GPL violation

[Loic Dachary]

Pierre Michon writes:
 > Hi Loic,
 > 
 > 2005/10/6, Loic Dachary <loic at gnu.org>:
 > > Pierre Michon writes:
 > >  > A) The freebox is only lended, so the user can't ask for GPL source code.
 > >
 > >         The point free is making is that the freebox is *not* lended.
 > > They claim it is part of their communication infrastructure.
 > >
 > Could you develop a bit more why beeing a 'part of their communication
 > infrastructure' failed to the freebox to be lended to the user ?

        The idea is simple and I believe it was explained by their 
legal advisor although I don't have a URL to provide. 

        Free claims that the freebox is equivalent (from a legal
perspective) to the equipement installed in your home by EDF/GDF.
Such an equipement is not lended to the user by EDF/GDF. Free operates
a network and they claim that the freebox is part of their private
network. They claim that they provide you with a service allowing you
to plug a cable on the freebox, nothing more. Much in the same way you
get electricity in your home.

        Note that I merely translate their claims. I do not have
anything to say about the validity of such claims.

 > Also is that ok that we can insert things(our wifi card) in 'their
 > communication infrastructure' and that our wifi card is powered by GPL
 > code (hostap for prism card) we can't ask ?

        I don't have an opinion on this specific subject. If you can
get a copy of the binary compiled from GPL code used on the freebox or
the wifi card, you would be in a position to ask for the corresponding
sources. There may be other ways to be in a legitimate position to
ask for the sources of the GPL code running on the freebox or the wifi
card. I'm just saying that once you get your hands on the binary code,
it's much easier.

 > Finaly what about the claim (to be checked) that if you failed to
 > return correctly the freebox, you need to pay 400 euros and receive a
 > letter that told you the freebox is yours [1]

        Free sold a number of freebox this way and one of them was
donated to FSF France. However, since the freebox itself contains very
little software (most is downloaded at boot time) it does not directly
relate to the distribution issues.

        IMHO the best course of action to quickly put an end to this
many years old discussion is to get a copy of the binaries. If FSF
France had such binaries we would take care of the rest within a few
months.

        Some time ago, someone who had a DSL Xpert
(http://www.tracespan.com/Products.html) plugged behind the freebox
said he would send us a copy of the binaries. But we've not heard from
him since then.

        Cheers,

-- 
Loic Dachary, 12 bd Magenta, 75010 Paris. Tel: 33 8 71 18 43 38
http://www.fsffrance.org/   http://www.dachary.org/loic/gpg.txt