[Fwd: Re: EMTEC movie cube q800 manual]

[Ole Tange]

On Wed, Oct 29, 2008 at 6:45 PM, stefan Wuttke <stefan_wuttke at arcor.de> wrote:
> Hi,
>
> is anyone interested to have a look inside the firmware from Emtec Q800,
> it looks like there is the same included as in the other devices.

You may be interested that I have just sent the following.

/Ole


To: Dexxon

It seems Dexxon is distributing devices for EMTEC. I have been unable
to find a contact email address for EMTEC, so I trust you will forward
this to EMTEC.

Regards,

Ole Tange


To:
EMTEC Interational
Copyright/Legal department

Regarding: Possible copyright infringement

I have downloaded
http://www.emtec-international.com/drivers/Q800/firmware_release_519_for_V6.1.1262.zip
(hereafter THE FILE) from your website at
http://www.emtec-international.com/en/driver.php?categorie=STMOB&gamme=DISQUES
DURS&ss_gamme=Q800 on 2009-MAR-01. THE FILE seems to include:

 bash  /bin/sh
 busybox  /bin/busybox
 coreutils  /usr/sbin/chroot /usr/bin/basename /usr/bin/head
/usr/bin/tail /usr/bin/sort /usr/bin/dirname /usr/bin/tee /usr/bin/wc
/usr/bin/id /usr/bin/tr /usr/bin/expr /usr/bin/printf /usr/bin/cut
/usr/bin/du /usr/bin/yes /usr/bin/test /bin/false /bin/date /bin/ls
/bin/mkdir /bin/ln /bin/chmod /bin/touch /bin/chown /bin/true /bin/cat
/bin/sleep /bin/sync /bin/rm /bin/cp /bin/df /bin/stty /bin/dd
/bin/uname /bin/echo /bin/rmdir /bin/mknod /bin/pwd /bin/mv
 eject  /usr/bin/eject
 findutils  /usr/bin/find
 gdb  /usr/bin/gdbserver
 grep  /bin/egrep /bin/fgrep /bin/grep
 hostname  /bin/hostname
 iputils-ping  /bin/ping
 klogd  /sbin/klogd
 login  /bin/login
 lzma  /usr/bin/unlzma
 module-init-tools  /sbin/rmmod /sbin/insmod /sbin/modprobe /sbin/lsmod
 mount  /sbin/swapoff
 mount, loop-aes-utils  /sbin/swapon /sbin/losetup /bin/umount /bin/mount
 net-tools  /sbin/ifconfig /sbin/route /bin/netstat
 passwd  /usr/bin/passwd
 procps  /usr/bin/vmstat /usr/bin/free /usr/bin/top /usr/bin/uptime
/bin/ps /bin/kill
 psmisc  /usr/bin/killall
 samba  /usr/sbin/nmbd /usr/sbin/smbd
 sed  /bin/sed
 sysklogd  /sbin/syslogd
 sysv-rc  /etc/init.d/rcS
 sysvinit  /sbin/reboot /sbin/halt /sbin/poweroff /sbin/init
 sysvinit-utils  /bin/pidof
 tar  /bin/tar
 time  /usr/bin/time
 util-linux  /sbin/mkswap /sbin/fdisk /sbin/hwclock /sbin/pivot_root
/usr/bin/ipcrm /usr/bin/ipcs /bin/dmesg /bin/more
 wget  /usr/bin/wget

(hereafter THE SOFTWARE). If that is not the case, I hope you will
kindly let me know.

To distribute THE SOFTWARE you must have obtained the right to
distribute THE SOFTWARE. If you have not obtained this right, then you
are infringing the copyright of the authors of THE SOFTWARE (hereafter
THE AUTHORS). You may have obtained the right directly from THE
AUTHORS, in which case I hope you will kindly let me know.

THE SOFTWARE is licensed under the GNU General Public License
(hereafter GPL). If you want to distribute software licensed under the
GPL, you will have to accept the GPL. If you do not accept the GPL
then the GPL does not give you the right to distribute THE
SOFTWARE. The GPL requires you to:

* Include a copy of the GPL (Section 4: "...give all recipients a copy
 of this License along with the Program.")

* Clearly state what software is covered by the GPL

* Include the complete source code to THE SOFTWARE (including scripts
 to compile THE SOFTWARE) in the exact version it is distributed in THE
 FILE (hereafter THE SOURCE CODE) or a written offer to get it
 valid for 3 years (a link to a website is not enough) (Section 6:
 Conveying Non-Source Forms.)

I have be unable to find that you have included a copy of the GPL and
unable to find THE SOURCE CODE or an offer to get it. It therefore
looks as if you are infringing on THE AUTHORS' copyright.

If you believe you are currently infringing the copyright you should
rectify this problem immediately. This is to avoid damages in a
potential lawsuit: Continued willful infringement is usually punished
harder than accidental first time infringement.

To rectify the problem you should:

* Mentions THE SOFTWARE is under GPL every time you have a copyright
 notice (e.g. in your manual or if your program has a Help>About
 menu)

* Include a copy of the GPL so it is easily found when looking for the
 copyright notice.

* Include THE SOURCE CODE on a medium if you are distributing THE
 SOFTWARE on a medium or in hardware. Remember to include all the
 scripts that are necessary to compile THE SOFTWARE in exactly the
 distributed version.

* Include a link to THE SOURCE CODE if you are distributing THE
 SOFTWARE via world wide web. Remember to include all the scripts
 that are necessary to compile THE SOFTWARE in exactly the
 distributed version.

To understand the seriousness of this matter, you may want to
familiarize yourself with the injunction that Sitecom got, stopping
them from selling their device[1], the Free Software Foundation's
case against Cisco[2], or some of the other cases[3].

If I have your answer within 14 days, I will not contact THE AUTHORS
about this possible infringement of their copyright.


Regards,

Ole Tange


[1] http://gpl-violations.org/news/20040519-iptables-sitecom.html
[2] http://www.fsf.org/blogs/licensing/2008-12-cisco-complaint
[3] http://gpl-violations.org