[HN Gopher] Louis Rossmann could sue John Deere for GPL violatio...
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       Louis Rossmann could sue John Deere for GPL violation [video]
        
       Author : theden
       Score  : 311 points
       Date   : 2023-03-21 08:31 UTC (14 hours ago)
        
 (HTM) web link (www.youtube.com)
 (TXT) w3m dump (www.youtube.com)
        
       | qwertox wrote:
       | From the referenced video "CT Wilson: the delegate blocking Right
       | to Repair in Maryland" [0]: "You don't need the source code, to
       | change your battery, ...".
       | 
       | I'm somehow confronted with this with my VW car. The battery is
       | close to dead, and I want to replace it. I can do that. Yet the
       | car needs to be informed that it now has a new battery in order
       | optimize its power management (it's not an electric car, it's
       | basically the most simple modern VW).
       | 
       | I need to go to the dealer and have them change the battery for
       | me and reset the battery status, which is maybe 100EUR in
       | addition to the battery cost.
       | 
       | If the source code would be publicly accessible, probably a cheap
       | OBD-2 adapter would be capable of doing this.
       | 
       | [0] https://www.youtube.com/watch?v=ej1MmjCPYqU&t=197s
        
         | the_pwner224 wrote:
         | For that specific issue, you don't need the source code, you
         | need the dealer diagnostic/programming toolkit. Hyundai GDS,
         | BMW ISTA, each manufacturer has their own but I believe they're
         | mostly reskinned and customized 3rd party products (I think
         | Mazda & Ford have a shared toolkit).
         | 
         | These give you everything from the service manual (detailed
         | info on how to do any repair operation, with steps and photos),
         | diagnostic code scanning and guided troubleshooters, and access
         | to the car's electronics for putting ECUs into service mode
         | (like the electronic parking brake) or reprogramming them with
         | updated firmware (which is complicated and you probably don't
         | need to do it). The service steps will interface with the car's
         | ECUs - if you need to change the transmission fluid, the
         | software will prepare the transmission, help you get it up to
         | temperature and maintain that temperature, and then reset the
         | calibration of the transmission at the end. And it'll show the
         | technician each mechanical step they have to do along the way.
         | Very advanced stuff.
         | 
         | You can generally get this software a normal person, but it's a
         | expensive subscription:
         | 
         | https://hyundaitechinfo.com/ https://bmwtechinfo.bmwgroup.com/
         | 
         | You can usually find cracked versions online, but recently
         | they've been getting more and more locked down.
         | 
         | As for your battery replacement thing, there are 3rd party
         | phone apps which can do it. You'll just need a compatible OBD
         | adapter. I don't know what it is for VW, but for BMW BimmerLink
         | gives you diagnostic info and lets you reset the battery, and
         | BimmerCode lets you change some config options in the car ECUs
         | to enable some useful small QoL features. I'm sure there is
         | similar software for VAG cars.
        
           | OJFord wrote:
           | GP doesn't _personally_ want the source code, they 're saying
           | if it was available there would likely be an open source
           | and/or cheaply available third-party toolkit so they wouldn't
           | need the (probably unobtainable?) manufacturer's official one
           | intended for dealers.
           | 
           | > If the source code would be publicly accessible, _probably
           | a cheap OBD-2 adapter would be capable of doing this_.
        
           | consp wrote:
           | I don't know for the most recent versions but until recently
           | there always was a button configuration on all Fords which
           | does this without obd adapter. Requires a bit of searching
           | but there are plenty of forums describing it. The
           | combinations might differ per model though.
           | 
           | Al that DRM also makes it neigh impossible to self service
           | your car these days.
        
           | lukeschlather wrote:
           | > For that specific issue, you don't need the source code,
           | you need the dealer diagnostic/programming toolkit.
           | 
           | Presumably the source code to that toolkit would be just as
           | good, and having access to the car's source code would let
           | you build your own toolkit.
        
             | dmonitor wrote:
             | from hundred dollar hardware and software license to "just
             | put this image on your raspi"
        
         | AdrianB1 wrote:
         | If you need an entire application to reset a battery status
         | (btw: why is that even needed?) the problem is with the process
         | of resetting the battery status, not with having the source
         | code of the application. Why is there not a simple procedure
         | like pressing a button or a combination of buttons or a menu in
         | the radio?
        
           | yardie wrote:
           | I can partially explain this since I've had to do this in the
           | past. You have to program the BMS for the specific chemistry
           | and capacity of the battery you install. It's not a reset.
           | 99% of the time you don't even need to reprogram the BMS. But
           | a lead, SLA, AGM, and Rolls have different properties. Like
           | you couldn't replace a lead acid with a lithium ion battery
           | because the charge algorithm could destroy the new battery.
           | 
           | Finally, cars are doing a lot more with the onboard starter
           | battery. Or in case of hybrids, a lot less. A modern car is
           | never truly off once the key is out. The BMS will need to
           | know the real capacity of the battery so it can reserve
           | enough charge to start the car.
        
             | olyjohn wrote:
             | If the car is able to disconnect it's starter battery, and
             | can start up and run just fine after a disconnect, why does
             | it need to be powered up at all when the car is off? What's
             | so important for the car to do, that it can sit there
             | draining the battery, but still be happy to completely
             | disconnect the electrical system to preserve a startup?
        
               | yardie wrote:
               | Mostly driver convenience. I drive a mid-tier VW with
               | infotainment, power seats, satellite navigation, etc. If
               | I don't drive the car after a few days it takes a few
               | minutes for the car to fully boot up. No radio, GPS,
               | climate control goes full blast, and it won't know what
               | my power seat settings are. Now imagine having to do that
               | every time you pull the key out, run in the supermarket,
               | and go back to the car.
               | 
               | We're demanding a lot from the car battery lately and the
               | BMS needs to know where it stands.
        
               | tsimionescu wrote:
               | At a minimum and at its most benign, it has to power
               | sensors to detect key commands when you get near it, or
               | functions like keeping the headlights on for a while
               | after you lock it (usually branded "follow me home" or
               | similar). There are probably more debatable things like
               | checking for OTA updates or sending sensor data to some
               | online services.
        
             | Arrath wrote:
             | So at this point the battery needs to come with a QR code
             | on a piece of paper that, once installing the battery and
             | starting the car then entering some service mode, you can
             | hold in front of the backup camera so the car can read in
             | the characteristics of the battery, eh?
        
             | AdrianB1 wrote:
             | I know how a BMS works and I kind of understand why a reset
             | is needed, but to replace a battery with a new one of the
             | same characteristics (capacity, chemistry etc) should need
             | a very simple reset procedure with no external tools. With
             | the modern displays in most of the cars, you can put that
             | in a menu there.
             | 
             | I am still riding a motorcycle with no battery and
             | kickstarter. That is the ultimate reliability and
             | dependability, the last thing you want in the middle of the
             | mountains is the vehicle to stop because it does not have
             | the latest monthly Windows update for .Net framework that
             | works only OTA and there is no signal in that area. I am
             | exaggerating a bit, but only for artistic purposes :)
        
               | 20after4 wrote:
               | Driving battery replacement to the authorized dealer
               | network, when combined with various up-sell charges that
               | they concoct some reason to tack on and it represents a
               | very significant profit opportunity. It has nothing to do
               | with the actual BMS and they aren't particularly
               | interested in optimizing anything but their sales/service
               | funnel.
        
           | qikInNdOutReply wrote:
           | Yes. Why not have a texeditor for a config save file in the
           | radio?
        
         | Ccecil wrote:
         | Buy an OBDeleven or VCDS if you own a VW and are doing any work
         | on it yourself.
         | 
         | You can also adjust features (roll up windows with remote,
         | etc). Run diagnostics in real time while driving, test every
         | switch/sensor on the car. Also, it is needed if you do a brake
         | job on the rear brakes to open/close the parking brake so you
         | can put the pads in.
         | 
         | I don't believe you need to recode the battery if you replace
         | with the exact same battery but you need to change it if you
         | don't put in the OEM one [1]
         | 
         | Yeah we don't have the source code. But with long coding
         | adaptations in the system you can do a large portion of what
         | you need to do (engine/trans swaps). If going deeper is needed
         | there are companies who reflash/recode ECUs but that is about
         | as deep as you can go without doing independent module hacking.
         | 
         | [1] https://youtu.be/48w9Cg4ObEk
        
           | noughtme wrote:
           | Are car batteries smart now? How would your car know what
           | brand of battery you put in?
        
             | sithadmin wrote:
             | LiFePO4 batteries that you'll find in some vehicles (more
             | often than not for running accessory loads, not starting
             | the engine - though some models are intended for dual
             | purpose use) usually have a decent degree of intelligence
             | baked into an on-board BMS system.
             | 
             | Typical car batteries are not yet so 'smart'. The post-
             | battery-swap 'coding' that many euro vehicles need is to
             | instruct the car-side BMS about the battery's
             | characteristics so that it can tune things like its start-
             | stop routine, alternator behavior, etc. to optimize battery
             | life and resilience.
        
             | [deleted]
        
             | Ccecil wrote:
             | Added the video that explains it in the edit above.
             | 
             | If you put in the same battery it isn't an issue. You need
             | to recode if you change the size or type.
        
         | i80and wrote:
         | Any VW-approved diagnostic tool can recode the battery.
         | Allegedly (I haven't personally had need to try it yet) the
         | ODBEleven (https://obdeleven.com/en/) can do so.
         | 
         | It IS incredibly silly that you need a specialized tool to code
         | the new battery, but unfortunately that's the direction the
         | auto industry seems to be going.
        
           | vitaflo wrote:
           | Yes OBDEleven can code the battery in your VW.
        
       | charcircuit wrote:
       | He can't since he is not the copyright owner of the GPL software.
       | Additionally, he misunderstands what a lawsuit over GPL
       | infringement does. You can not be forced to give out code.
       | 
       | I don't even understand what they are expecting to get. I don't
       | see how being sent a link to https://www.gnu.org/software/bash or
       | similar for the various software that may be installed suddenly
       | makes your life better even though you can just google for it.
        
         | detourdog wrote:
         | He may not have standing due to not owning a tractor also.
        
           | pabs3 wrote:
           | He can fund those who do though.
        
             | detourdog wrote:
             | Those with standing can do it on their own. In fact they
             | seem to be the ones that have gotten it this far in the
             | courts on their own.
        
               | pabs3 wrote:
               | Legal costs are high, I expect they would welcome any
               | funding they can get, both small donations from
               | individual contributors and larger grants from Rossman
               | and others. I definitely know that Conservancy would
               | welcome funding.
               | 
               | https://sfconservancy.org/donate/
        
         | LelouBil wrote:
         | > You can not be forced to give out code.
         | 
         | Can you explain this in more detail ? I thought that was the
         | case.
        
           | Drakim wrote:
           | If you violate the license that allows you to use some code,
           | and the license says that any violation terminates the
           | license, then you are technically stealing the code by using
           | it (basic copyright infringement). So you could be sued for
           | that, in the same way you could be sued for using any code
           | you aren't allowed to use. There would be damages awarded in
           | fines, and maybe even prison time in theory.
           | 
           | As an extreme example, if I wrote a software license that
           | makes you my lifelong slave for using my software, and you
           | use it without becoming my slave, then no judge is going to
           | enforce slavery upon you. But they might fine you for
           | stealing my software.
        
             | quickthrower2 wrote:
             | IANAL but i suspect the slave thing would be void but
             | otherwise the license would still stand. Otherwise people
             | could bury ridiculous clauses in licenses to trick people
             | into not really having a license.
        
             | andreareina wrote:
             | The difference is that I don't think you're able to sell
             | yourself into slavery so that contract is void.
        
             | afiori wrote:
             | The judge would not order to release the code, but John
             | Deere could likely avoid paying (most of) the fine it they
             | instead decided to release the source code.
        
               | squarefoot wrote:
               | Which wouldn't help much if they keep their hardware
               | encrypted and locked, de facto preventing users from
               | checking that the hardware actually runs the released
               | code, therefore giving no guarantees against planned
               | obsolescence and other tricks.
        
               | the_pwner224 wrote:
               | That's not the purpose of the GPLv2. If JD published
               | their source code they would fulfill all the obligations
               | of the license. Doesn't matter if their hardware is
               | locked down.
        
               | pabs3 wrote:
               | That is a misconception, the GPLv2 also provides users
               | the right to modify, rebuild and reinstall software on
               | their devices.
               | 
               | https://sfconservancy.org/blog/2021/mar/25/install-gplv2/
               | https://sfconservancy.org/blog/2021/jul/23/tivoization-
               | and-t...
               | 
               | However, with both GPLv2 and GPLv3, a vendor of an
               | aggregation of copyleft and proprietary software can
               | legally cause the the proprietary software to stop
               | working when the copyleft software is modified. I think
               | this hasn't been tested in court though, but the license
               | as they are written both allow this. This would
               | essentially brick your car/tractor until you rewrote that
               | proprietary software from scratch.
               | 
               | https://events19.linuxfoundation.org/wp-
               | content/uploads/2017...
        
             | MrGilbert wrote:
             | > But they might fine you for stealing my software. I don't
             | think it's that easy. ;)
        
             | hgomersall wrote:
             | No, you are not technically stealing; you are technically
             | infringing copyright. I appreciate you put that in
             | brackets, but it still isn't stealing (technically or
             | otherwise).
        
               | Drakim wrote:
               | You are totally right, I was trying to ELI5 my language
               | but ended up taking it too far.
        
             | JanisErdmanis wrote:
             | In "Intelectual property and open source" an alternative
             | interpretation of GPL is given as a contract due to way it
             | is written. So the code company is shipping along with GPL
             | can be looked as violation if I understood that correctly.
             | This is the stick which makes Qt business model with LGPL
             | to work.
        
           | GlacierFox wrote:
           | Yeah that was my impression too. Or are all these open source
           | licenses essentially toilet paper?
        
             | tsimionescu wrote:
             | The point is that you don't have a right to distribute the
             | software unless you give out source code. However, that
             | doesn't mean that a court can you force you to give out the
             | source code - they are far more likely to force you to stop
             | distribution altogether, and pay damages for whatever
             | occurred.
             | 
             | Whether any company in it's right mind would find it
             | preferable to settle the case by abiding by the terms of
             | the license or not is debatable of course.
        
             | nix23 wrote:
             | [dead]
        
           | viraptor wrote:
           | They may be forced to pay a fine to the authors / court /
           | customers and release a version without the infringement for
           | example.
        
           | charcircuit wrote:
           | Pretty much only 3 things can happen if you violate someone's
           | software copyright and are sued for it.
           | 
           | - You could have to stop violating the person's copyright.
           | 
           | - You could have to pay damages
           | 
           | - You could have to go to jail
           | 
           | Example: Lets say Lindows is a piece of software whose
           | license only lets you distribute it in Louisiana. If you
           | start distributing it in California and get sued you don't
           | have to do something like transport all your clients to
           | Louisiana and distribute the software to them a second time.
           | You just will be prevented from doing any further
           | distribution in California.
        
             | phkahler wrote:
             | A 4th option is to reach a settlement with the author
             | agreeing to something else in lieu of the statutory
             | punishments. This has been used to get source code released
             | and bring the infringer into compliance.
        
             | elkos wrote:
             | Don't you still have to pay damages and maybe you have to
             | do the time
        
               | colejohnson66 wrote:
               | > maybe you have to do the time
               | 
               | The only time anyone ever "do[es] time" is in criminal
               | matters. Copyright infringement is a civil matter, and,
               | in general, the only remedy the courts can provide is
               | monetary. However, refusing to abide by the courts'
               | orders can land you in contempt of court, which _could_
               | (won 't always) involve jail.
        
             | krisoft wrote:
             | I'm not a lawyer, but isn't that what "Specific
             | performance" is?
             | 
             | "Specific performance is an equitable remedy in the law of
             | contract, whereby a court issues an order requiring a party
             | to perform a specific act, such as to complete performance
             | of the contract."[1]
             | 
             | I understand that you are saying that it does not apply in
             | copyright case, but why?
             | 
             | 1: https://en.wikipedia.org/wiki/Specific_performance
        
           | kube-system wrote:
           | The court will force you to come back into compliance with
           | the license. The GPL says that _if_ you distribute binaries,
           | you must distribute source. There are two different ways to
           | comply with that. You can start distributing source, but you
           | can also stop distributing binaries.
        
           | f_devd wrote:
           | Seems like they can also pay damages and stop distribution of
           | the product until it the infringement is removed, although in
           | prior cases GPL often has been complied with in settlements
           | 
           | https://en.m.wikipedia.org/wiki/Open_source_license_litigati.
           | ..
        
         | boomboomsubban wrote:
         | >He can't since he is not the copyright owner of the GPL
         | software.
         | 
         | There is an ongoing case trying to establish the users right to
         | sue over noncompliance of the GPL, see
         | https://sfconservancy.org/copyleft-compliance/vizio.html, but
         | you're right that currently only the copyright holder can sue.
         | _edit_ "can" is the wrong word, "have successfully sued."
         | 
         | That said, there's thousands of copyright holders for Linux, if
         | Rossman isn't one he can probably find one easily.
        
         | rileymat2 wrote:
         | I don't know about standing but in a the face of enough
         | instances of copyright violations, it is pretty easy to imagine
         | a scenario where a company was more or less forced to agree to
         | distribute in a deal in lieu of punitive damages?
        
         | dkjaudyeqooe wrote:
         | > You can not be forced to give out code.
         | 
         | You can be forced to do whatever you agreed to do in a binding
         | contract, if the action or contract isn't illegal.
         | 
         | You don't present any basis for your claim. A court case like
         | this could settle the matter.
         | 
         | Since the GPL requires the derivative source to be released,
         | anyone has standing to sue since anyone can request that code.
        
           | tsimionescu wrote:
           | > Since the GPL requires the derivative source to be
           | released, anyone has standing to sue since anyone can request
           | that code.
           | 
           | This is definitely wrong. If they refuse to provide source
           | code, they are not abiding by the terms of the license, and
           | thus presumably have no right to distribute that code.
           | However, unless you are a copyright holder of the code they
           | are distributing, there is no harm to you as a third party if
           | the distributor is not respecting the terms of the license of
           | the creator.
           | 
           | At best, if they lose a lawsuit with the copyright holder and
           | are forced to stop distributing the software and/or recall
           | already distributed versions, you could then sue them for
           | damages caused by their irresponsible behavior.
        
             | teddyh wrote:
             | > _If they refuse to provide source code, they are not
             | abiding by the terms of the license_
             | 
             | This is at best a simplification. The most common case is
             | that a company has two options: Either provide the source
             | code alongside every copy of the program, so that every
             | recipient of the program has the source code already, _or_
             | , alongside the program, provide a written offer, valid for
             | three years, to provide source code on request. This offer,
             | while required if the company chooses this option, is _not_
             | part of the license! If a company does not provide source
             | code on request, they have broken _the promise provided by
             | the offer_ , not the license, and can be sued for simply
             | failing to uphold their promise. It then does not matter
             | what the original licence says, or who the copyright
             | holders are.
             | 
             | And, of course, if a company provides _neither_ the source
             | code, _nor_ such an offer of source code, they have
             | _already_ broken the license, and can be sued immediately;
             | there is no need for anyone to request the source code.
             | Doing so is just something many people do as an act of pure
             | courtesy.
        
               | tsimionescu wrote:
               | > If a company does not provide source code on request,
               | they have broken the promise provided by the offer, not
               | the license, and can be sued for simply failing to uphold
               | their promise.
               | 
               | By whom? In what way is the promise binding on that
               | company? I can see some sense if the offer is provided to
               | anyone receiving the binary from the company, in which
               | case you could argue that it is a part of the
               | distribution contract between the company and the
               | recipient. But a third party doesn't seem to have any
               | relationship, even if the promise nominally mentions ant
               | third party.
               | 
               | At best, you could argue that the original receiver of
               | the code could sue the company for not providing code to
               | a third party as per the promise.
               | 
               | > And, of course, if a company provides neither the
               | source code, nor such an offer of source code, they have
               | already broken the license, and can be sued immediately
               | 
               | Yes, but only by a copyright holder of that source code,
               | not by a third party (not even by the person who received
               | the binary code without a copy of the source or a promise
               | to provide it on request).
               | 
               | By the way, it should be noted that, per Stallman, it's
               | perfectly valid for a company to sell GPL-based binaries
               | and only distribute the source code to those who buy the
               | binaries (though of course they must be allowed to
               | distribute it further). So it's absolutely clear that a
               | random person who neither purchased the product nor holds
               | copyright in the GPL work has no standing whatsoever.
        
               | teddyh wrote:
               | > _By whom? In what way is the promise binding on that
               | company?_
               | 
               | Are promises not binding? Can a company not get sued for
               | breaking a promise?
               | 
               | (I agree with the rest of your comment.)
        
           | pie_flavor wrote:
           | If you're violating your obligations under the GPL, then that
           | means you no longer have a license to the software, and are
           | committing copyright infringement by continuing to distribute
           | it. When you commit copyright infringement and used to have a
           | license, the court doesn't demand that you do things listed
           | on the license you used to have, it just fines you and tells
           | you to stop committing copyright infringement.
           | 
           | The GPL is not a magic spell; you can't use it to force your
           | enemies to do things they don't want to do. As a copyright
           | license, it is used to protect _your own_ work from being
           | abused, and nothing else. And it is an agreement between the
           | licensor and the licensee, irrespective of who else it
           | benefits, so only they have standing.
        
             | pabs3 wrote:
             | The idea that the GPL is _also_ a contract (that also
             | benefits third-parties) is being tested in California. So
             | far the federal court (which hears copyright cases) agreed
             | to send the case back to state court (which hears contract
             | cases).
             | 
             | https://sfconservancy.org/copyleft-compliance/vizio.html
        
             | tialaramex wrote:
             | > The GPL is not a magic spell; you can't use it to force
             | your enemies to do things they don't want to do.
             | 
             | On the other hand, court orders in many ways _are_ magic
             | spells, and there are circumstances where you can get the
             | court to order Specific Performance as remedy. Courts don
             | 't _love_ Specific Performance, you won 't get far asking a
             | court for this when monetary compensation seems effective,
             | but sometimes the Court can see that's not an appropriate
             | remedy and will order Specific Performance.
             | 
             | Specific Performance requires that you do what the court
             | demands, if you won't do what they demand that's contempt
             | for which you can be imprisoned.
        
           | jeroenhd wrote:
           | I'm not so sure about that. The GPL does spell out the rights
           | for end users pretty clearly, but the terms being violated
           | apply between the copyright holder and the company violating
           | the terms. Violating "you can use this code with these
           | conditions" means you can't use the code (and may need to pay
           | damages to the people you've stolen the code from), not that
           | you're necessarily forced to apply those conditions.
           | 
           | IANAL but I think you need to the a copyright holder to
           | effectively enforce these terms through the court.
           | 
           | If you violate a contract with your employer and don't
           | deliver a product in time, I don't think the customers can
           | sue you. Instead, as far as I know, the customers will sue
           | the company and the company will sue you to cover the costs.
        
         | FpUser wrote:
         | >"He can't since he is not the copyright owner of the GPL
         | software."
         | 
         | I am pretty sure he can convince copyright owner go give him
         | power of attorney for specific case.
        
         | spyremeown wrote:
         | >He can't since he is not the copyright owner of the GPL
         | software.
         | 
         | Isn't the whole point of the GPL that the _user_ has rights to
         | the software?
        
           | raverbashing wrote:
           | True. Though I'd argue that maybe he'd need to be a John
           | Deere equipment owner to sue (or partner with one I guess)
        
           | markdown wrote:
           | Does he own a green and yellow tractor?
        
             | jeroenhd wrote:
             | Maybe he bought a replacement board computer and can't get
             | it to run doom. All he needs to own to demand source code
             | is the part that runs the code.
             | 
             | That said, he doesn't make clear what, if any, John Deer
             | hardware he owns. I don't think he's the right person to
             | sue.
             | 
             | However, he could use his influence and audience to help
             | any farmer willing to take on John Deer to get a lawsuit
             | together.
        
             | spyremeown wrote:
             | Why are you confrontational? Maybe he does.
        
               | remix2000 wrote:
               | Because it's but zanyism unless he does. Simply put, GPL
               | does not allow you to request "source code" for what you
               | never used.
        
               | nordsieck wrote:
               | > Simply put, GPL does not allow you to request "source
               | code" for what you never used.
               | 
               | Sort of. The relevant section is:
               | 
               | > 3. You may copy and distribute the Program (or a work
               | based on it, under Section 2) in object code or
               | executable form under the terms of Sections 1 and 2 above
               | provided that you also do one of the following:
               | 
               | > a) Accompany it with the complete corresponding
               | machine-readable source code, which must be distributed
               | under the terms of Sections 1 and 2 above on a medium
               | customarily used for software interchange; or,
               | 
               | > b) Accompany it with a written offer, valid for at
               | least three years, to give any third party, for a charge
               | no more than your cost of physically performing source
               | distribution, a complete machine-readable copy of the
               | corresponding source code, to be distributed under the
               | terms of Sections 1 and 2 above on a medium customarily
               | used for software interchange; or,
               | 
               | If the company elects to go with option b, then yes - the
               | GPL _does_ allow you to request  "source code" for what
               | you never used.
        
               | bryanrasmussen wrote:
               | If they have not done a) or b) then I guess he cannot
               | request b) because they have not done the written offer,
               | at which point it is up to the copyright owner to require
               | that they do a) or b) or what?
               | 
               | Provide damages of some sort, stop distributing program?
        
               | afiori wrote:
               | > Provide damages of some sort, stop distributing
               | program?
               | 
               | This sounds like the most likely outcome it this is
               | successful.
        
               | tsimionescu wrote:
               | In principle, maybe, but in practice, it's very hard to
               | imagine that you would have any standing to bring a suit
               | as a third party.
               | 
               | If you and I sign a contract whereby you agree to pay 5$
               | to any stranger who calls you some name, I very much
               | doubt a stranger who does so and doesn't receive their
               | dollars would have any right to sue you. Of course, I
               | could sue you for failing to perform the agreed contract.
        
               | pabs3 wrote:
               | The idea that the GPL is _also_ a contract is being
               | tested in California. So far the federal court (which
               | hears copyright cases) agreed to send the case back to
               | state court (which hears contract cases).
               | 
               | https://sfconservancy.org/copyleft-compliance/vizio.html
        
               | tsimionescu wrote:
               | It's still a contract between the copyright holder and
               | the redistributor, not between the redistributor and
               | anyone in the world.
               | 
               | It's also not a contract between the distributor and the
               | person receiving a copy from them, since contracts can't
               | be automatically assigned to pieces of property, they
               | must happen between people.
               | 
               | I very much doubt the SFC's case will succeed. I fully
               | expect that they will be found not to have any standing
               | to sue as someone who is in no way a party of the GPL. By
               | the way, it's obvious that it wouldn't be tried by a
               | copyright court, as the SFC claims no copyright over the
               | code in question. I expect that the lower court will now
               | confirm that they have no standing under contract law
               | either, and the case will be dismissed.
               | 
               | Note that I fully support the idea of a right to repair.
               | I just don't think it can be achieved in this way, and
               | believe instead it must be enshrined in legislation and
               | state regulations, not crafty uses of copyright law.
        
               | pabs3 wrote:
               | Sure, in this case Conservancy aren't a party to the GPL
               | contract, but as a recipient of GPLed binary code from
               | Vizio they _are_ a third-party beneficiary of the
               | contract between Vizio and copyright holders.
               | 
               | Actually Conservancy _also_ are representatives of
               | copyright holders in Linux and other software used on
               | Vizio devices. So if they lose the third-party
               | beneficiary suit, there will be a copyright angle they
               | can pursue as well.
               | 
               | GPL lawsuits aren't about hardware repair, they are about
               | software repair and the rights given to end-users by the
               | GPL license/contract. You don't need source code to
               | replace broken components on a tractor, you need
               | repairer/vendor software that performs pairing of DRM-
               | locked parts.
        
               | [deleted]
        
               | lobstrosity420 wrote:
               | Because performative YouTube outrage shouldn't be
               | commended.
        
               | chongli wrote:
               | I also found his rant videos not to my taste. He is a
               | pretty abrasive person and he seems to spend most of his
               | time making rant videos these days.
               | 
               | Having said all that, I support the right to repair
               | movement. I commend him for being a gadfly and a leader
               | on this issue. The right of ownership of the things you
               | buy and the right to repair what you own are extremely
               | important, fundamental rights. Without them, we are all
               | reduced to tenants in a neo-feudalist dystopia.
        
               | circuit10 wrote:
               | He does positive things sometimes as well, he said that
               | it's important to not only cover the negative things but
               | also the positive things but that when he does people
               | call him a shill
        
               | andrepd wrote:
               | He is a long-time right-to-repair activist. Why
               | "performative"?
        
           | charcircuit wrote:
           | In reality the license just puts extra restrictions on
           | distribution of the software and how derivative works can be
           | licensed.
           | 
           | The copyright owner is the only person who can sue people for
           | violating the license of the software they created.
           | 
           | Copyright owners are not forced to stop people from
           | infringing their copyrights. If they want they can allow
           | people to infringe their copyright without punishment.
           | Sometimes they just don't care and sometimes copyright
           | infringement can be beneficial for the owner.
        
             | ratboy666 wrote:
             | "In reality the license just puts extra restrictions on
             | distribution of the software and how derivative works can
             | be licensed."
             | 
             | Actually, copyright is now implicit. There is NO right to
             | distribute software and NO right to create derivative
             | works. Copyright gives those rights exclusively to the
             | copyright holder.
             | 
             | The GPL makes it legally possible to distribute and create
             | derivative works. Without that license, you have no such
             | right, and can be sued (for damages) by the copyright
             | holder. Proving damages can be difficult.
             | 
             | In any case, the license is the only thing that allows that
             | behavior. Without it, there is no right to do it, and thus
             | restrictions are moot.
        
               | belorn wrote:
               | There is a fun thought experiment where one takes a
               | copyright license and rewrite it in terms of only
               | positive permissions. Since copyright law by default
               | forbids everything, every aspect of a copyright license
               | is a form of granted permission.
               | 
               | The GPL would then be a number of permissions similar to:
               | 
               | You are hereby given permission to give other people a
               | all-permissions-granted patent license of all patents
               | that you own, and along side that license you are given
               | permission to include my copyrighted source code, and
               | optionally in addition to that source code you may then
               | add a compiled version along side that source code.
               | 
               | No restrictions and depending on how one want to
               | interpret "in addition/along side", not even a condition.
        
             | bombolo wrote:
             | > The copyright owner is the only person who can sue people
             | for violating the license of the software they created.
             | 
             | This has not been established. And while there are strong
             | economical interests in this sense... it doesn't
             | necessarily mean they are lawful.
        
               | bombolo wrote:
               | Have fun downvoting... Still doesn't make me wrong.
               | 
               | https://lwn.net/Articles/873415/
        
             | rileymat2 wrote:
             | > The copyright owner is the only person who can sue people
             | for violating the license of the software they created.
             | 
             | For the copyright violations, yes. But I'd imagine a
             | skilled lawyer could make a suit against a company for a
             | violation of the contract between the consumer and company
             | on the grounds that the consumer knowingly bought a product
             | that included those clauses and the company did not follow
             | through with delivering the product as sold.
        
               | kube-system wrote:
               | That wouldn't be a GPL suit then, it would be a warranty
               | suit. John Deere could plausibly just refund someone for
               | their tractor, and continue violating the GPL.
        
               | pabs3 wrote:
               | The idea that the GPL is _also_ a contract is being
               | tested in California. So far the federal court (which
               | hears copyright cases) agreed to send the case back to
               | state court (which hears contract cases).
               | 
               | https://sfconservancy.org/copyleft-compliance/vizio.html
        
           | kube-system wrote:
           | > the user has rights to the software
           | 
           | That's the stated rationale for the license, but not the
           | legal framework that it is recognized under. "Copyleft"
           | licenses are legally copyright licenses, and a violation of
           | the GPL is simply a copyright violation. Whoever bring a suit
           | must have standing to sue for copyright violations.
        
             | pabs3 wrote:
             | The idea that the GPL is _also_ a contract is being tested
             | in California. So far the federal court (which hears
             | copyright cases) agreed to send the case back to state
             | court (which hears contract cases).
             | 
             | https://sfconservancy.org/copyleft-compliance/vizio.html
        
               | kube-system wrote:
               | It's being tested, but it remains to be seen what
               | California courts think about that idea, and even if they
               | do recognize it that way, it's not exactly clear how
               | they'd remedy it.
               | 
               | https://corpaccountabilitylab.org/calblog/2022/1/31/sfc-
               | v-vi...
        
               | pabs3 wrote:
               | I expect Conservancy will push for either compliance
               | (preferable) or preventing Vizio from using Linux, or
               | potentially assisting Conservancy in going after
               | whichever hardware vendor BSP their violation came from.
        
               | kube-system wrote:
               | Yes, but as the article mentions, those are unlikely even
               | if the court does decide to enforce the contract.
        
               | pabs3 wrote:
               | The other things the article mentions aren't actual
               | remedies to the problem of a GPL violation though and as
               | just a third-party beneficiary that is non-profit and who
               | can only get source code benefits, they wouldn't really
               | be entitled to money except maybe their costs in bringing
               | the suit or a refund of their TV purchase. As the post
               | says, the monetary remedy option would also apply to
               | everyone else who bought a TV, or Conservancy could buy
               | another TV and sue again; seems unlikely the court would
               | allow such an unlimited monetary remedy. So the only
               | options are then fixing the compliance, or nothing. But
               | then "court voids contract" doesn't sound like a great
               | headline either, so maybe the specific performance option
               | is the only option. Seems like "court voids third-party
               | beneficiary aspect of contracts" wouldn't be a likely
               | precedent either.
        
         | tjpnz wrote:
         | If he's a user he can request the source code which they'll be
         | required to provide per the terms of the GPL. The litigation
         | kicks in if they don't comply.
         | 
         | Whether Rossmann is the copyright owner or not is a minor point
         | given he could throw his money and expertise behind whoever is.
        
         | Timshel wrote:
         | The title is quite different from the content of the video.
         | 
         | His goal is to fund a lawyer to look into the issue. And looks
         | to me he would just like screwing with John Deere.
        
           | PartiallyTyped wrote:
           | Louis Rossmann? The Louis Rossmann who has been pushing for
           | Right to Repair? The Louis who has been advocating for R2R in
           | electronics, auto, and agriculture sectors, who has been a
           | PITA to politicians for a decade or so now and has most
           | likely never missed a hearing regarding R2R?
           | 
           | That Louis Rossmann would want to mess with John Deere?
           | 
           | He would never!
        
           | heywhatupboys wrote:
           | From the register "Gingerich told us that the most widely-
           | deployed GPL-covered software in Deere machinery is Linux.
           | "As with most Linux distributions, it uses several other
           | programs under copyleft (i.e. right to repair) licenses as
           | well," he said."
           | 
           | definitely just trolling
        
       | dkjaudyeqooe wrote:
       | It would be useful to have a court case be litigated all the way
       | to the Supreme Court to establish the enforceability of the GPL
       | whereby the defendant is forced to share code against their will.
        
         | lakecresva wrote:
         | > whereby the defendant is forced to share code against their
         | will.
         | 
         | This remedy of compelling a party to do something they agreed
         | to do is called 'specific performance', and US courts only even
         | consider doing this when real property (land) is involved.
         | 
         | For copyright infringement, generally what's available is
         | injunctive relief preventing further infringement, disgorgement
         | of profits, and statutory damages and attorneys fees as
         | permitted by title 17. The injunction and disgorgement are the
         | killers here that actually scare would-be infringers, and they
         | mean that in most cases what you actually end up with is a
         | settlement.
        
           | croutonwagon wrote:
           | Is owning a tractor not considered real property?
        
             | rtkwe wrote:
             | No 'real property' is a legal term of art referring
             | principally to land and buildings.
        
             | NoZebra120vClip wrote:
             | What if you have a building where you have LAN parties that
             | play Unreal Tournament? Does that count?
             | 
             | What if you host watch parties of the Real Housewives of
             | Beverly Hills?
             | 
             | What if its address is on El Camino Real?
        
             | Kranar wrote:
             | No, it's real as in real estate.
        
           | gregmac wrote:
           | > in most cases what you actually end up with is a
           | settlement.
           | 
           | I'm curious, what would that look like in this case (for a
           | GPL violation)?
           | 
           | Do you need to track down every single person who contributed
           | code under GPL and get them to agree?
        
             | lakecresva wrote:
             | Whoever/whatever owns the copyright to the underlying
             | work(s) would need to sue to get the ball rolling. Current
             | statutory law doesn't directly address copyright ownership
             | with respect to the kinds of collaboration we see in open
             | source, but if there's a "main author" for the code base
             | you would just need them in most cases.
        
             | yencabulator wrote:
             | You settle the individual lawsuit with the party that
             | started it. For a work with multiple authors, that wouldn't
             | prevent the other copyright holders from suing you. This is
             | one of the reasons GPL projects make lawyers risk-averse...
             | 
             | Generally the way GPL has been in the courts, the suing
             | party won't just take some money and walk away happy,
             | they'll ask for the infringement to end (one way or the
             | other). That would make other copyright holders happy too.
        
             | [deleted]
        
           | dkjaudyeqooe wrote:
           | > only even consider doing this when real property (land) is
           | involved.
           | 
           | Courts force the sale of companies (etc) that don't involve
           | real property. I think maybe they're reluctant and prefer
           | monetary remedies but if what you say is correct that would
           | neuter contracts pretty severely.
        
             | bradleyjg wrote:
             | Specific performance is most common in real property
             | disputes because land is inherently non-fungible. But in
             | most US states a court can order it wherever it finds that
             | monetary damages are inadequate to remedy a breach.
        
               | dkjaudyeqooe wrote:
               | You'd think specific performance would be the right
               | remedy in the case of a GPL breach since no money is
               | involved really.
        
           | ericpauley wrote:
           | Exactly. This fantasy of forcing companies to release source
           | code because of past use is just that: a fantasy.
           | 
           | Imagine if you pirated photoshop and the courts retroactively
           | forced you to install Adobe spyware to comply with the
           | license. Obviously the most the court could do is fine you or
           | prevent further infringement.
        
             | kevin_thibedeau wrote:
             | It's no more fanciful than assessing exorbitant damages for
             | distributing each copy made via BitTorrent. The courts were
             | fine with letting that happen.
             | 
             | Just because the plaintiffs aren't operating billion dollar
             | businesses doesn't make their infringement claims less
             | valid. The terms of the GPL explicitly spell out Deere's
             | obligations. If they ignore them it converts to plain old
             | copyright infringement with damages due for every illegal
             | copy made.
        
             | dkjaudyeqooe wrote:
             | It's not as simple as that. What if it infeasible to remove
             | the GPL code from your product and are unwilling to
             | withdraw your product. It could be argued that compensation
             | would be unacceptable, inadequate and impractical given
             | hundreds of anonymous contributors writing software on an
             | ideological, rather than financial basis. Why would being
             | forced to share your code be taken off the table in that
             | case? I could see the court finding that it would be the
             | only equitable remedy.
        
               | ericpauley wrote:
               | Sure, but infeasible is decided by the business. Their
               | choice is either to not distribute anymore (and
               | potentially pay damages for past infringement) or
               | distribute in line with the license.
        
           | data-abuse wrote:
           | Which is why it would be nice for the Supreme Court to
           | confirm GPL's enforceability. It hasn't been tested in
           | courts, but it would be insanely powerful for the open source
           | community to begin enforcing it.
           | 
           | It would extend the right to repair to the software that we
           | write.
        
             | lakecresva wrote:
             | For what it's worth, the Federal Circuit, the Eleventh
             | Circuit, and the Seventh Circuit have heard cases dealing
             | with the GPL or some other open source license, and they
             | all understood the big picture and were fine with it. (the
             | cases are Planetary Motion v. Techsplosion, Wallace v. IBM,
             | and Jacobsen v. Katzer).
        
         | cbolton wrote:
         | This could be messy to implement since the guilty party could
         | have other legal obligations that prevent them from releasing
         | the source code.
        
           | lolc wrote:
           | Easy. Then they can't distribute their tractors anymore.
        
             | pabs3 wrote:
             | Or they get to switch from Linux to BSD/etc.
        
               | tracker1 wrote:
               | And of course, depending on chipsets used, that could be
               | an expensive retrofit for existing tractors if BSD/etc
               | doesn't support what is currently in use, or the
               | providers or JD have to write their own drivers to
               | support a BSD usage.
               | 
               | Even then, there's still the likelihood they are using
               | GPL code/libraries above and beyond Linux itself.
        
         | hansjorg wrote:
         | The current supreme court is very unlikely to rule for an
         | individual against a large company.
         | 
         | https://www.axios.com/2022/08/04/supreme-court-john-roberts-...
        
           | phpisthebest wrote:
           | I think they have confuse pro-government with pro-business.
           | 
           | The Supreme court since FDR has been very resistant to role
           | back the role of federal government, they have no problems
           | smacking down state laws, but when it comes to rolling back
           | federal laws or regulations well....
           | 
           | So here it would be determinative on which "side" the federal
           | government chooses, or if the federal government stays silent
           | which silence IMO is probably the most likely outcome for the
           | federal government.
           | 
           | If they stay out of the fight, I think Deere Loses. If the
           | federal government defends Deere then I think it is more
           | 50/50
        
           | bee_rider wrote:
           | I wonder if the fact that lost of companies would like to
           | stick lots of weird rules in their licenses could help here.
           | Where's John Deere in the pantheon of companies? They can't
           | be more powerful than the Googles and Faces Book of the
           | world, right?
        
             | boomboomsubban wrote:
             | John Deere is the 84th largest company on the Fortune 500.
             | It may be below Google or Facebook, but it's still a major
             | player.
        
       | 2OEH8eoCRo0 wrote:
       | Software licenses and closed-source software are at odds here. In
       | the FOSS community it is easy to tell who borrowed your code and
       | violated your license. Closed source software can choose to rip
       | off everyone and it gets very difficult to enforce your open
       | source license. Almost a rules for thee but not for me scenario
       | that puts open source at a disadvantage.
        
       | azubinski wrote:
       | But why didn't he sue Xiaomi? Why? Life is pain and unanswered
       | questions...
        
       | quietbritishjim wrote:
       | I don't understand what's going on here.
       | 
       | The SFC blog post doesn't mention any specific program but, in
       | the article in The Register, the SFC director is quoted talking
       | about Linux in particular. But Linux is just GPLv2, so doesn't
       | have an anti-Tivoisation [1] clause. In other words, you're free
       | to put it on hardware in binary form (even after modifying it)
       | and sell that hardware, and you're under no obligation to give
       | away the source code to it or any of your own software.
       | 
       | On the other hand, I'm sure the director of the SFC knows a lot
       | more about this situation than I do, so I'm sure that there's
       | something I'm missing.
       | 
       | [1] https://en.wikipedia.org/wiki/Tivoization
        
         | pabs3 wrote:
         | That is a misconception, the GPLv2 also provides users the
         | right to modify, rebuild and reinstall software on their
         | devices.
         | 
         | https://sfconservancy.org/blog/2021/mar/25/install-gplv2/
         | https://sfconservancy.org/blog/2021/jul/23/tivoization-and-t...
         | 
         | However, with both GPLv2 and GPLv3, a vendor of an aggregation
         | of copyleft and proprietary software can legally cause the the
         | proprietary software to stop working when the copyleft software
         | is modified. I think this hasn't been tested in court though,
         | but the license as they are written both allow this. This would
         | essentially brick your car/tractor until you rewrote that
         | proprietary software from scratch.
         | 
         | https://events19.linuxfoundation.org/wp-content/uploads/2017...
        
           | quietbritishjim wrote:
           | You're right, I had misunderstood. Thanks for those very
           | interesting links.
        
       | rurban wrote:
       | A video? This is the better link
       | https://www.theregister.com/2023/03/17/john_deere_sfc_gpl/
        
         | heywhatupboys wrote:
         | > Gingerich told us that the most widely-deployed GPL-covered
         | software in Deere machinery is Linux. "As with most Linux
         | distributions, it uses several other programs under copyleft
         | (i.e. right to repair) licenses as well," he said.
         | 
         | what?
        
           | [deleted]
        
           | TheLoafOfBread wrote:
           | I see it as very hypocritical - Yeah we are ignoring licenses
           | of others, but I dare you to install into "your" tractor a
           | part which is not DRM signed by John Deere.
        
           | [deleted]
        
           | ryukafalz wrote:
           | Somewhat confused reporting, but it sounds like Gingerich was
           | probably referring to "Linux" colloquially, as in a Linux
           | distribution. That would in most cases include other GPL
           | software such as GNU coreutils, or possibly BusyBox. (And
           | then The Register quoted that as Linux itself including other
           | GPL'd programs, which isn't quite right.)
        
             | mattl wrote:
             | Meanwhile https://sfconservancy.org/blog/2023/mar/16/john-
             | deere-gpl-vi... doesn't mention Linux.
        
           | LoganDark wrote:
           | "right to repair licenses"? GPL was never designed for right
           | to repair, but rather right to extend and modify, i.e. Open
           | Source.
        
             | asddubs wrote:
             | right to fix bugs
        
             | pabs3 wrote:
             | I like to say the GPL gives me the right to repair
             | software.
        
             | tsimionescu wrote:
             | Actually, GPL was originally motivated by Stallman wanting
             | to repair a printer at MIT that had a software bug.
        
             | fsckboy wrote:
             | > _GPL was never designed for right to repair, but rather
             | right to extend and modify_
             | 
             | no, GPL was designed for right to modify source code with
             | no restrictions on what you could use the modified code
             | for, which would include repair.
        
               | LoganDark wrote:
               | I'm objecting to it being called a "right to repair
               | license". It's not a right to repair license. It's a
               | copyleft open-source license. That just happens to be
               | extremely useful for repair because it requires being
               | able to install new versions and have them function, but
               | it isn't a "right to repair license" because it does a
               | lot more than that. :(
        
         | justinclift wrote:
         | That article has no mention of Louis Rossman in it.
        
           | rurban wrote:
           | Sure. Because Louis Rossman has nothing to do with the
           | potential/upcoming GPL enfringement claim to John Deere. It's
           | linux and several other GPL utitities they are using, but
           | nothing with a Copyright (c) Louis Rossman, so he cannot sue.
           | Nor does he own such a tractor. The FSF, the Linux copyright
           | holders or tractor owners can sue. Gingerich for the SFC is
           | bugging them for years.
           | 
           | Just a misleading title to drive traffic to his video blog.
        
             | pabs3 wrote:
             | I expect he is just planning to fund either SFC (as
             | representatives of Linux copyright holders) or a farmer (as
             | a third-party beneficiary of the GPL) in order to bring
             | such a lawsuit.
             | 
             | PS: for the third-party beneficiary option, see the SFC v
             | Vizio case.
             | 
             | https://sfconservancy.org/copyleft-compliance/vizio.html
        
               | larossmann wrote:
               | If I were to go forward with something like this, I would
               | rather provide support/funding to an organization that
               | has been pursuing this that I find to be well versed,
               | qualified, and ready to go, than do it myself.
               | 
               | With the Right to Repair stuff, in some states, I've put
               | together my own lobbying plans. In others, I tried to
               | figure out who had the best foothold there already with
               | an actionable plan & pre-existing experience winning on
               | similar issues and funded them. Some examples of this
               | were washington, rather than do it myself I gave USPIRG a
               | fair amount of funding to get it done, which is helpful
               | since the charlie brown affair sullied my reputation
               | among some of the legislators.
               | 
               | Even in states where we do our own lobbying, there is
               | usually a large level of partnership with organizations
               | that already exist within the state, and a microgrant
               | program where we fund a bunch of small groups to educate
               | locals/organize people prior to making a
               | legislative/lobbying push.
        
               | justinclift wrote:
               | In theory, this sounds like a well thought out approach.
               | 
               | Is it working well in practise?
               | 
               | If you were to start fresh at solving the problem again,
               | what would you do differently?
        
               | trogdor wrote:
               | >since the charlie brown affair sullied my reputation
               | among some of the legislators
               | 
               | I don't know what you are referring to. Mind explaining?
        
               | larossmann wrote:
               | This guy pretended to be offended at me calling him
               | clueless in my video thumbnail here. TL;DR - he implied
               | independents might install tiktok on customer cellphones
               | if they're unauthorized. See this video:
               | https://www.youtube.com/watch?v=-vmbDczK-78
               | 
               | He then said he cannot negotiate with bullies, and the
               | legislature said if the opposition won't negotiate, then
               | we can't pass a bill.
               | 
               | Imagine if I said that I refused to be present at my
               | murder trial because I didn't like the clerk. Would I get
               | off trial for murder? Hell no. But it works for them.
               | 
               | He makes broad assumptions and undermines trust in our
               | entire industry, and claims me calling him "clueless" in
               | the thumbnail is beyond the pale - that's just too much!
               | As a result, I am hands off in that state. I supply money
               | and resources to people who do the work in that state,
               | and keep my name off of it all. There was one senator who
               | was on my side, Doug Erickson, but he died of COVID....
               | 
               | The irony of it all, one of the companies he represents,
               | Samsung, actually DID start installing tiktok on customer
               | phones without their consent, a point I went over 2 years
               | later. This happened months after the legislature tossed
               | right to repair because of concerns about repair shops
               | stealing student data/copies of their homework... I'm not
               | kidding. My demeanor in this video is kind of off the
               | wall, but.. can you blame me?
               | https://www.youtube.com/watch?v=UUThdBfy_-U
        
             | justinclift wrote:
             | The misleading title seems to have been created by the
             | submitter of the video to HN, as the video on Youtube is
             | titled "Holding corporate criminals ACCOUNTABLE; it's about
             | time we start".
        
               | dehrmann wrote:
               | I was wondering how he'd have standing unless some of the
               | code was his.
        
               | OJFord wrote:
               | They made a factual error, presumably accidentally, but
               | I'm glad they didn't go with that original one,
               | personally.
               | 
               | Better then, perhaps:
               | 
               | > John Deere might be sued for GPL violation - Louis
               | Rossman [video]
               | 
               | (or even 'should', since that's his angle, not neutral
               | factual reporting)
        
             | [deleted]
        
             | Fatnino wrote:
             | He's going to bring the money for an attorney, not sue in
             | his own name.
        
         | isodev wrote:
         | Thank you!
        
       | Waterluvian wrote:
       | He has standing to bring a suit?
        
         | pabs3 wrote:
         | He'll probably just fund those who do, he alludes to that in
         | the video, says he has money in an account.
        
       | jeroenhd wrote:
       | What I don't understand is why John Deer with their incredibly
       | expensive tractors doesn't just use Windows CE or any other
       | proprietary OS. They can afford it and it's not like Linux
       | development is any easier than Windows development.
       | 
       | Offtopic: is it true what he says about Apple pairing their sleep
       | sensor chip to their security signatures? That would be such a
       | scumbag move.
        
         | calvinmorrison wrote:
         | You'd think some embedded proprietary RTOS would be ideal
        
           | mardifoufs wrote:
           | I don't think the linux part runs the machinery itself.
        
             | throwaway894345 wrote:
             | No, it talks to the stuff that runs the machinery which
             | was, and likely still is, JDOS (Deere's home-grown RTOS).
             | There was some interest in moving to a proprietary OS, but
             | I don't know if that was ever manifest. From what I
             | remember, the only Linux system in ag equipment was the
             | touch screen on the Command Arm, but maybe the guidance
             | stuff also ran Linux?
        
           | calvinmorrison wrote:
           | Not even proprietary, plenty of RTOS options that are MIT
        
         | CamperBob2 wrote:
         | There's no longer any such thing as Windows CE. Closest thing
         | would be LTSC IoT, which is still Microsoft Spyware Lite(tm).
         | 
         | If they want a heavyweight modern OS that someone else
         | maintains and that Deere, and not Microsoft, can control, the
         | only real choice is Linux.
        
           | throwaway894345 wrote:
           | I was wondering the same. I might be misremembering, but I
           | think early versions of the touch screen used Windows CE, and
           | development on the new touchscreen (the only instance of
           | Linux I'm aware of in John Deere's ag lineup) started
           | sometime around 2010 (depending on when you measure
           | "started"), so Windows CE was still alive, but maybe there
           | was some writing on the wall that it was being shuttered?
        
           | cduzz wrote:
           | As was stated earlier, FreeBSD (or I'll add netbsd as well)
           | certainly is a full fledged OS that would allow free
           | redistribution of all the work without having GPL
           | encumbrance, while allowing any sort of "remote telemetry"
           | desired. And it's free free free, if you ignore that
           | developing for it is possibly more time consuming since
           | you'll want to limit your ecosystem to non-GPL code.
           | 
           | Nevertheless, if I were working through a product that
           | involves "redistribution" of any of it, and I really didn't
           | want to deal with any potential issues with compliance with
           | the GNU requirements, I'd spec out that the whole product
           | runs [free|net]BSD and runs only 3rd party
           | apache/bsd/purchased licensed code/libraries. This isn't
           | really even a difficult option.
        
         | klysm wrote:
         | I find Linux development significantly easier due to experience
         | and I think that feeling could be shared by a lot of folks.
         | There's also value in working with open tools because you can
         | take that knowledge and use it anywhere. If you become
         | knowledgeable in enterprisey stuff you can get stuck doing
         | enterprisey things
        
           | daemin wrote:
           | You're saying the same thing but with two different outcomes,
           | as if by virtue of using open source tools you're not going
           | to get stuck working at companies that also only use open
           | source tools. Become experienced in open source tools so that
           | you can work in companies that use open source tools. Become
           | experienced in closed source tools so that you can work in
           | companies that use closed source tools.
           | 
           | It's the same thing so really it comes down to a matter of
           | preference and experience.
           | 
           | I am pretty much a Windows developer as that's generally been
           | what I've done, and have very little experience writing code
           | for Linux and other operating systems. I could do it in a
           | pinch, and with some time I could adapt and become a more
           | open source based developer, but that is not the environment
           | where I am most productive.
        
             | klysm wrote:
             | Companies that used closed source tools can also use open
             | source tools and more importantly _any_ company can use
             | open source tools while the same is not true of closed
             | source tools. I don't think it's really symmetric like you
             | say it is.
             | 
             | I do agree it's up to preference and experience though at
             | the end of the day. Having experience in closed source
             | tools can be very valuable because the cost of that
             | knowledge is higher. Not everybody can just tinker with it.
        
           | 5e92cb50239222b wrote:
           | If you pick hardware carefully (or write your own drivers, or
           | pay someone else to do it, which is entirely possible in
           | their case), FreeBSD would be an excellent option. I wonder
           | why it isn't more popular among these kinds of manufacturers.
           | (Everyone knows of the two or three major exceptions, which
           | just proves the point.) IMHO it will get there if enough GPL
           | enforcement cases pile up.
        
         | throwaway894345 wrote:
         | I can't remember clearly, but I think the prior version of the
         | touch screen may have used Windows CE. I'm not sure why Deere
         | pivoted to Linux, but it may have had better support for their
         | custom boards or they might have seen the writing on the wall
         | for Windows CE (according to Wikipedia, its final release was
         | in 2013 while the new touch screen debuted in 2014 if memory
         | serves).
         | 
         | Deere is a big Windows shop and it was not fun trying to
         | develop for Linux in a VMWare VM, and corporate IT seemed to
         | have special prejudice for our unit for deviating from the
         | standard Windows suite.
        
         | bradfa wrote:
         | Or they could just use a permissively licensed OS, like one of
         | the BSDs. There's no need to use a proprietary OS in order to
         | avoid the GPL, pretty much all the BSDs shun the use of GPL
         | code and they offer similar abilities to Linux.
         | 
         | Generally, but have no direct knowledge of John Deere's
         | situation, Linux is used because it's usually possible to have
         | drivers which are already written for the various hardware
         | which is desired in more embedded systems. Having to write or
         | port something like a wi-fi driver to a different OS is very
         | non-trivial but wi-fi is generally considered table-stakes now
         | for lots of devices. So it saves significant cost and
         | development time to choose Linux simply because you can get off
         | the shelf drivers for your electrical design.
        
         | larossmann wrote:
         | >Offtopic: is it true what he says about Apple pairing their
         | sleep sensor chip to their security signatures? That would be
         | such a scumbag move.
         | 
         | Try replacing an angle sensor in a A2442. It won't work, even
         | if it is from another Macbook. It has to have GSX run on it for
         | it to work.
         | 
         | What we do now when they're corroded is do our best to try and
         | clean up the existing one. Maybe desolder the hall sensor, use
         | a fine tipped iron like the Hakko 2032 w/ T30-KN tip to "file"
         | the pins and pads as much as we can, and put it back on.
         | Sometimes, it works.
         | 
         | When it doesn't, we tell the customer "I'm sorry, no sleep for
         | you. Only manual sleeping!" It sucks.
         | 
         | The places with access to GSX, are the places not permitted to
         | do component level board repair on machines with liquid damage.
         | 
         | The places without access to GSX, are the places with the best
         | ratings in the country for component level repair on machines
         | with liquid damage.
         | 
         | The world is a meme.
        
           | nebula8804 wrote:
           | Off topic but have you considered adding Chat-GPT added
           | summaries to your videos as a TL;DW? There is a plugin called
           | eightify.app that produces summaries. It just feel like
           | sometimes you are limiting your audiences to the hard core
           | nerds with your long winded rants.
        
             | dmonitor wrote:
             | Incredibly off topic.
        
             | larossmann wrote:
             | >Off topic but have you considered adding Chat-GPT added
             | summaries to your videos as a TL;DW? There is a plugin
             | called eightify.app that produces summaries. It just feel
             | like sometimes you are limiting your audiences to the hard
             | core nerds with your long winded rants.
             | 
             | No. My channel was never started with the goal of having
             | 100m subscribers. In my initial musings, I thought, MAX
             | subscribership, BEST CASE scenario was 300 subscribers,
             | since I estimated the people going down the LCD-cell-
             | only/component level repair rabbithole with Apple products
             | to be around 300 at the time 10 yrs ago. and that assumes
             | 100% of them watch/subscribe to my channel, which is a
             | lofty figure.
             | 
             | getting to 1.7 million subscribers is ridiculous. This
             | wasn't supposed to happen. A cursory look at my older
             | videos, total lack of preparation, production quality, etc
             | should make clear that the goal was never widespread
             | viewership.
             | 
             | but, if 1.7 million people _ARE_ viewing, if I 've blown
             | out my initial best-case-scenario by 3 zeros and change....
             | why go out of my way to do it all differently? Why adapt my
             | content to people who admit they don't want to watch
             | anyway?
             | 
             | It's not a movie, it's a 9 minute video... I totally get if
             | someone doesn't want to watch a 9 minute video, but... I'm
             | not making content for them.
             | 
             | I wasn't trying to get big, I was just producing what I
             | felt like producing.. if doing that got me to 1.7 mil,
             | maybe being myself is the thing to keep doing.
        
               | nebula8804 wrote:
               | >Why adapt my content to people who admit they don't want
               | to watch anyway?
               | 
               | Going back to the point of my inquiry: If you are serious
               | about pushing this issue into the mainstream rather than
               | just being just a channel that a certain small segment of
               | the population happens to enjoy, then wouldn't you want
               | to expand the audience to be as large as possible? Like
               | it or not, there is a large percentage of potential
               | supporters who are just not going to sit around and watch
               | what is typically 20+ minutes of rambling.
               | 
               | If you are not really serious about this then I
               | understand your hesitation but then why the involvement
               | with Futo?
        
               | freedomben wrote:
               | You're both right.
               | 
               | Louis, don't mess with the success on your channel by
               | changing now.
               | 
               | But, creating some content targeted at the mainstream
               | would be a very good idea. Don't do it _instead_ of your
               | existing approach, just in addition to.
        
               | nebula8804 wrote:
               | I wasn't really asking him to give up his existing
               | workflow. Just to consider that software which does a
               | pretty good job of summarizing his long videos. I had
               | started to post the summary of his videos in the comments
               | to help others (it costs ~$0.70 per video) but they get
               | buried. Maybe he could start pinning a summary and that
               | would keep people who see his videos but quickly click
               | off. I dont know, just throwing out an idea to think
               | about.
        
               | larossmann wrote:
               | There's at least 50 videos on the channel on any of the
               | issues I consider to be main issues that are 5 minutes or
               | less. The people who make the criticisms you make usually
               | don't watch _any_ of those.
               | 
               | It's not just the 10 minute video they think is boring,
               | it's anything I produce. They're not viewers, they're
               | commenters when something frontpages reddit or hn.
               | 
               | and that's fine - people don't have to watch or like my
               | stuff. I just don't produce content for people who will
               | _NEVER_ watch my stuff. It 's like fogo de chao trying to
               | cater to vegans.
               | 
               | I could make this video 30 seconds, but it loses its
               | effect. It loses the story, which is what draws people in
               | who otherwise wouldn't care. Without the history, the
               | details, the villain, and the point - do you honestly
               | believe a 15 short of "hey bro john deere uses gpl stuff
               | and doesn't release it rawr" would have the same effect
               | as this video? Even 10% the effect, of getting normal
               | people to care about farmers getting screwed? I doubt it.
               | 
               | I could be wrong, but as far as "Pushing into mainstream"
               | - it made CBC news, at least half a dozen other news
               | stations, got a 50 page report from the FTC, made it to
               | the president's desk, was mentioned in an executive
               | order, and a bill just passed a week ago.. I don't know
               | how much more mainstream it gets unless the issue gets
               | made into a boy band.
        
               | [deleted]
        
               | nebula8804 wrote:
               | To be clear, all I was suggesting was to try that app out
               | and maybe post the results as a "pinned comment" in the
               | hopes that anyone that might click off from the video
               | sees the summary and does not totally disregard it. You
               | make a good point about the successes such as the bill in
               | Colorado and the CBC piece. Maybe I really am asking
               | something totally unreasonable. I don't really know.
               | 
               | Honestly I think we really need someone else to lead and
               | be the public face of this movement. Someone who is known
               | and liked by the mass population. Look at other great
               | movements in this country's history. There is always some
               | character that captures the publics imagination wither
               | through charm or just insane grit.
               | 
               | We can't JUST have a richard stallman like character who
               | sticks to his way of doing things stubbornly and expect
               | to see the finish line. Maybe this movement has already
               | reached escape velocity and it does not matter. Maybe
               | someone at iFixit or someone else that I am not thinking
               | of is already that public face that can reach the masses.
               | Maybe someone is waiting in the wings.
               | 
               | I'm reminded of an event I experienced when I took a
               | senior level Linux Kernel class in college. The class was
               | taught by this hardcore GPL and privacy loving professor
               | who had worked at Bell Labs and had started several
               | startups in the open source/IT sector.
               | 
               | We had a class of 50 people and the first day he told
               | everyone that this class is one of the hardest in the
               | university and that he does not care if you struggle, he
               | would not accommodate you in any way because it is worth
               | learning the Kernel the hard way by being thrown head
               | first into the ocean. He acted with such determination of
               | his way of thinking, that I imagine it really scared a
               | lot of the students. Well, the next class we had lost
               | about 50% of the student body (including the 10 or so
               | women in the class).
               | 
               | It was a grueling class and one of the most knowledgable
               | classes I ever took but now ten years later I look at how
               | the CS graduates i'm hiring at my company now live their
               | entire lives in a smartphone and only use a regular PC
               | when it is absolutely necessary (for work). They barely
               | know how the OS and underlying components in the machine
               | work.
               | 
               | It makes me think, that in hindsight that professor was
               | totally wrong. He caused people who may have dipped their
               | toes into the water and joined the other side to give up
               | too early. Now we have a reduced pool of people who truly
               | understand why all of this matters.
               | 
               | Some of those people might now be like the people I have
               | to hire now. In the case of my developers, they do pretty
               | good work for what they need to do. They don't write
               | kernel code. How many people do that? They build CRUD
               | apps. For these people: The companies won. They live in
               | the Apple/Microsoft/whatever ecosystem and don't care
               | about fundamentals because to them, life is fine. I hope
               | this is not what is going on with right to repair.
               | 
               | Have you watched any Farmer Youtuber channels? I have
               | watched a handful of "Gen-Z" farming youtube channels and
               | I seem to notice there is a lot of love for John Deere
               | since they sponsor social media events here and there. I
               | remember one youtube farming couple in Nebraska discuss
               | right to repair in youtube livestreams when the first
               | news of farmers hacking their equipment made all the tech
               | sites. They seemed quite indifferent to the movement as a
               | whole and discussed how they always have their rep
               | available when they need help. Sure this is an anecdote
               | but it stuck with me because its making me scared that
               | the same thing that I am experiencing with my developer
               | hires is a generation wide problem regardless of
               | industry.
               | 
               | Have we scared off the masses already just like my
               | professor did?
        
       | daeros wrote:
       | [dead]
        
       | naikrovek wrote:
       | > "When Deere does reply (we have heard from others that their
       | legitimate requests for source code have been met with silence),
       | they have always failed to include the 'scripts used to control
       | compilation and installation of the executable,' per GPLv2,"
       | Gingerich told The Register.
       | 
       | source code modifications are required to be provided, build
       | tools which are not modified from GPL source are not. is this
       | really what someone is going to sue over?
        
       | user3939382 wrote:
       | Reminder that John Deere is going around the country at the state
       | level sabotaging right to repair bills while this is happening.
       | This company is openly hostile to the public and needs to be
       | reined* in.
        
         | sclarisse wrote:
         | * reined, like a horse
        
           | sophacles wrote:
           | Do you think horses really want to be associated with a
           | company that helped take away thier jobs?
        
             | bch wrote:
             | Neigh impossible to find, I'm sure.
        
             | cmcconomy wrote:
             | I think this probably keeps the average horse up at night
        
       | funstuff007 wrote:
       | This is beyond crazy. I can't image even trying to be a farmer
       | without spending a good portion of my time repairing my tools,
       | fences, etc.
        
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