ASUS SplashTop and Phoenix Hyperspace infringing kernel copyright and GPL

[mr]

http://www.splashtop.com/developer.php

you can download the source code after filling out this form.

As for the other product, please actually get some proof/evidence beyond
just conjecture before launching accusations.

Alan

On Tue, May 20, 2008 at 12:39 AM, Stan Cunningham <stan.cunningham at yahoo.com>
wrote:

> Hi,
>
> SplashTop is an extension of BIOS that runs on the Linux kernel and has
> been distributed by ASUS on certain high-end motherboards and laptops since
> October, 2007. In May 2008, ASUS announced that it will ship SplashTop on
> *ALL* its motherboards. The problem is that ever since SplashTop's inception
> ASUS has been infringing on the copyright of Linux kernel contributors.
>
> SplashTop's so-called source code (
> http://www.splashtop.com/download3.php?token=1bfb156d0cd5fef5df4a43ad2b46a531)
> contains a few patches to the Linux kernel but not the whole, compilable
> modified kernel source code as the GPL requires. This clearly constitutes a
> copyright violation.
>
> I haven't bought any of the motherboards or laptops containing SplashTop,
> but ASUS may have left out the obligatory notice on boxes and/or manuals
> informing the recipients that the product contains GPL code and where that
> source code can be obtained. If they indeed left out the notice, that
> constitutes another violation of the GPL and consequently of copyright law.
>
> Another product that likely violates the GPL is Hyperspace, which is
> marketed by the infamous proprietary PC BIOS maker Phoenix. Even though
> Hyperspace clearly runs Linux and has been reported to do so in the press,
> Phoenix doesn't even mention the word Linux or the GPL on its website (
> http://www.phoenix.com/en/Products/Browse+by+Products/Phoenix+HyperSpace/default.htm),
> and certainly doesn't provide any source code. I am not sure what
> motherboards Hyperspace is distributed on, but I would expect that they also
> fail to mention Linux, the GPL and the availability of source code. This
> again violates the GPL and the copyrights of Linux kernel contributors like
> yourselves.
>
> I urge you to uphold your copyrights and protect the rights of Free
> Software users by making unscrupulous companies like ASUS and Phoenix
> respect the conditions set out by the GPL and give back their improvements
> in the form of source code. And if they refuse, sue them in court! Some of
> the improvements to Linux that they try to illegally keep secret would
> really help distros in areas such as hardware support and extremely quick
> boot time.
>
> Thanks,
> Stan
>
>
>
>
>
>
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