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Purchasers will both know whether the Source Code Provision has been honored and have a desire to examine and further develop the corresponding source code. No one other than the purchaser has both the information and motive to enforce the Source Code Provision. Open source leaders from affiliate organizations commented on the unique approach of this lawsuit, where the Conservancy is acting on behalf of consumers as the plaintiff, as opposed to prevailing upon the copyright holder to defend its users.
It claims that none of the smart TVs Vizio has introduced in the US market in the past four years have been accompanied by the source code. The complaint alleges that Vizio is in breach of the GPLv2 and the LGPLv2.1 every time they distribute a smart TV without the source code or a written offer to provide it. Consumers should have more control over this, and they would if companies like Vizio played by the rules.”
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This is another aspect of what we mean by ‘ethical technology.’ Throwing away a TV because its software is no longer supported by its manufacturer is not only wasteful, it has dire environmental consequences. “Even without supply chain challenges, the forced obsolescence of devices like TVs isn’t in the best interest of the consumer or even the planet. “The global supply chain shortages that have affected everything from cars to consumer electronics underscore one of the reasons why it is important to be able to repair products we already own,” says Sandler. In the organization’s announcement of the lawsuit, Sandler highlighted the environmental impact of denying consumers access to the code. In these ways, purchasers of Vizio smart TVs can be confident that their devices would not suffer from software-induced obsolescence, planned or otherwise.
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It would also allow software developers to maintain and update the operating system should Vizio or its successor ever decide to abandon it or go out of business. Access to the Source Code of the Linux kernel, the other SmartCast Programs at Issue, and for the Library Linking Programs, as used on Vizio smart TVs, would enable software developers to preserve useful but obsolete features. Vizio is unlikely to unilaterally implement features that prevent the collection of such user data, as such user data is valuable to Vizio.
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The full text of the complaint includes examples of how consumers might benefit from having access to the source code: The Software Freedom Conservancy contends that Vizio’s alleged noncompliance prevents consumers from being able to repair their devices, improve and control them, as well as curtail surveillance and ads through modifications. In a new twist on GPL enforcement, the organization is presenting this lawsuit on behalf of individual consumers, as opposed to the traditional path of defending copyright holders of the GPL code in question. Copyleft can help us take control of our tech in a meaningful way, it’s a huge benefit to consumers.” “There was no source or offer for source even after we’d been working with them for a long time on older products. “We filed suit as a purchaser of TVs to stand up for copyleft,” Software Freedom Conservancy Executive Director Karen Sandler said. Vizio also did not inform its customers about the rights included with the software it was bundling. The Software Freedom Conservancy contends that Vizio’s TV products contain software with copyleft licenses but the company refused to provide the source code after multiple attempts at contact since 2018. As part of its mission, the Conservancy assists member projects in enforcing the terms of FLOSS licenses, including through litigation. A few of its member projects include BusyBox, Git, Homebrew, OpenWrt, and phpMyAdmin.
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The 501(c)(3) charity organization is a non-profit that provides infrastructure support for free and open source software projects, defending users’ rights under copyleft licenses and the GPL. The Software Freedom Conservancy announced that it is suing Vizio, an American TV manufacturer, for what it alleges are “repeated failures to fulfill even the basic requirements of the General Public License (GPL).” Inside of a Vizio TV – Model V435-J01 – photo credit: Software Freedom Conservancy
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