The Free Software Foundation (FSF) has filed a lawsuit against Cisco for copyright infringement. The suit contends that Cisco widely distributed the FSF's software and failed to fulfill the requirements of the General Public License (GPL) under which the software is published. The lawsuit, which is the culmination of a lengthy conflict between the two organizations, is the first one that the FSF has ever filed for GPL infringement.
The GPL was originally devised by FSF founder Richard Stallman with the aim of providing a legal framework for software freedom. The license broadly grants users the right to study, modify, and redistribute software but it also has a reciprocal provision that requires developers to make their derivatives available under the same terms so that the rights are perpetually preserved downstream. Many popular open source software applications are distributed under this license or the related Lesser General Public License (LPGL), including several that are copyrighted by the FSF, such as the core GNU userspace stack and the GCC compiler—components that are essential on Linux-based platforms.
Linksys—which is owned by Cisco—has distributed a wide range of Linux-based products that use GPL-licensed components, but Linksys has repeatedly failed to fulfill the obligations of the GPL. The terms of the license require distributors to disclose that their products contain code licensed under the GPL. They must also offer to make that code available to end users at request.
Many companies that offer Linux-based products include a printed copy of the GPL with the packaging and provide a link to a web page where they make the source code available. You can find examples of this for many popular Linux gadgets such as the Amazon Kindle and the TiVo. The requirements are not particularly onerous and there are many experts who will happily provide companies with guidance on compliance issues at no cost, so there isn't really much of an excuse for failing to meet the requirements.
The FSF brought the licensing issue to the attention of Cisco in 2003, at which time the company acknowledged that it had erred and agreed to rectify the problem. Despite numerous requests by the FSF and extensive ongoing discussions between the two organizations, Cisco has allegedly continued to disregard its obligations under the GPL and has released a number of products that contain GPL-licensed code without making the source code available to end users.
After years of trying to resolve the dispute outside of court, the FSF believes that its efforts to settle the matter amicably have failed and that a lawsuit is the only remaining option. In the lawsuit, the FSF asks the court to grant injunctive relief and block the ongoing sale of products that use GPL-licensed code. The FSF also wants the court to order Cisco to cough up the profit it generated from its infringing behaviors and pay damages and litigation expenses.
"Given Defendant's extensive history of violating Plaintiff's Licenses, Plaintiff considers Defendant's current and proposed activities insufficient to ensure Defendant's future compliance. Defendant has refused to meet several of Plaintiff's reasonable requirements for reinstatement of Defendant's right to distribute the Programs," the lawsuit says. "Defendant continues to distribute the Infringing Products and Firmware in violation of Plaintiffs'?? exclusive rights under the Copyright Act."
In a statement given to Ars, Cisco expressed its disappointment with the lawsuit and hope for a quick resolution. "Cisco is a strong supporter of open source software. Cisco takes its open source software obligations and responsibilities seriously and is disappointed that a suit has been filed by the Free Software Foundation related to our work with them in our Linksys Division," said the spokesperson. "We are currently reviewing the issues raised in the suit but believe we are substantially in compliance. We have always worked very closely with the FSF and hope to reach a resolution agreeable to the company and the foundation."
The suit was filed by the Software Freedom Law Center (SFLC), an organization that provides legal representation to the FSF and other free software projects. The SFLC has previously filed a series of infringement lawsuits on behalf of the BusyBox project, which makes a GPL-licensed software component that is widely used in Linux-based mobile and embedded devices. The vast majority of these lawsuits were the result of misunderstandings, and all of them led to swift settlements outside of court.
The GPL has some fundamental differences from conventional software licenses and companies don't always understand the legal requirements that are implied by adopting GPL-licensed software. The SFLC, which favors "cooperative and non-confrontational enforcement" published a guide earlier this year to help educate companies.
Although the SFLC has represented several other projects in GPL litigation, this is the first time that a GPL lawsuit has been filed on behalf of the FSF for one of its own projects. The FSF strongly prefers to avoid litigation whenever possible and would only act in this manner in the most extraordinary of circumstances. That by itself reflects the severity with which the FSF views Cisco's conduct. If Cisco allows this to go to court and fails to negotiate a settlement, the company risks losing its right to distribute the GPL-licensed software components entirely. It's very likely that Cisco will agree to comply with the FSF's requests now that the dispute has escalated into a lawsuit.
This is also an embarrassing PR black eye for Cisco. The company has recently been trying to woo Linux developers by offering big bounties for building software on top of the company's Linux-based Application Extension Platform. As Novell's Joe Brockmeier pointed out in a blog entry today, licensing compliance failures aren't a particularly good way to build bridges with the Linux community.
This is particularly disappointing for those of us in the Linux community who are enthusiastic fans of various Linux-based Cisco and Linksys products. I'm very fond of my Linksys WRT54GL, a nifty programmable router for hobbyists that we included in the Ars 2008 holiday gift guide. In light of Cisco's extensive contributions to the Linux kernel and long-standing commitment to open source platforms, it seems likely that this dispute won't last much longer.
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