----- Mensaje original ----- 

> De: "Alexander Neilson" <[email protected]>
> Para: "al" <[email protected]>
> CC: [email protected], [email protected]
> Enviados: Martes, 4 de Febrero 2014 10:42:44
> Asunto: Re: Use of GNU GPL 2.0 code in Mikrotik RBXXX series and
> others

> Al

> No offense to you in this, this looks like an almost exact copy of an
> email sent to Mikrotik in 2010.

I'm almost sure that it never was sent it.

> I am a strong supporter of GNU and other open source software
> licensing and making use of the same myself in a heavy way. I am
> also a heavy user of Mikrotik hardware and software at work and at
> home.

We have 4223 Mikrotik routers.

> for any mikrotik you can have the IP > Services menu and turn on www

> The you can go in a web browser to
> http://your_router_ip/help/license.html

> Then the following comes up (Version 6.7 - my home router) (at the
> end of the email, Section 12 focussed here)

> Highlighted Section 12:

> 12. MISCELLANEOUS

> This Agreement represents the complete agreement concerning this
> license between the parties and supersedes all prior agreements and
> representations between them. It may be amended only by writing
> executed by both parties. If any provision of this Agreement is held
> to be unenforceable for any reason, such provision shall be reformed
> only to the extent necessary to make it enforceable.

> For license obligations below that require Mikrotikls to provide
> source code or other license obligations, you should contact
> Mikrotikls by mail at the following address:

> MikroTikls SIA
> attn: license compliance
> Pernavas iela 46
> LV-1009, Riga
> LATVIA
> For license obligations below that require responses by email, you
> should contact Mikrotikls SIA at: [email protected]

> For license obligations below that require responses by telephone or
> fax, you should contact Mikrotikls SIA at: telephone +371 7317700,
> fax +371 7317701

> To get a CD with the corresponding source code for the GPL-covered
> programs in this distribution, wire transfer $45 to MikroTikls SIA,
> Pernavas 46, Riga, LV-1009, Latvia. Please contact MikroTikls SIA
> for our current account information and wire transfer instructions.
> Offer valid for three years from the date of distribution of this
> software. This CD will only include the source code of the following
> programs and any non-proprietary programs distributed according to
> license requirements. This CD will not include MikroTikls
> proprietary SOFTWARE.

> The following list may or may not include all of the GNU/GPL software
> that is included in the distribution. This list is not part of the
> GNU/GPL license obligations. For GNU/GLP license obligations, you
> must follow the GNU/GPL license procedures.

> As far as I can tell they are complying with the GPL by providing a
> written offer to provide all GPL sources with every device they sell
> and it will come up on any system running the code.

No, they not. They made modifications to GPL'ed code that is not only "separate 
code".

> I cannot find it up on their website or else ware.

> While I would prefer them just to have a public repo with the code in
> it I think they are compliant.

No, they don't:

http://www.gnu.org/licenses/gpl-violation.en.html

 If you think you see a violation of the GNU GPL, LGPL, AGPL, or FDL, the first 
thing you should do is double-check the facts:

    Does the distribution contain a copy of the License?

No, it has not.

    Does it clearly state which software is covered by the License? Does it say 
anything misleading, perhaps giving the impression that something is covered by 
the License when in fact it is not?

No, it doesn't clearly.

    Is source code included in the distribution?

No, it doesn't.

    Is a written offer for source code included with a distribution of just 
binaries?

Not at all.

    Is the available source code complete, or is it designed for linking in 
other non-free modules?

Is it designed for linking in ohter non-free modules.

> Others can feel free to show me where my understanding of this is
> incorrect.

> Full Licence Text:

> [...]

If you take a look to this links (that presumably you're get if you buy 
CD-ROM), you see that a lot of them are broken or links to old versions or 
out-of-date. AND NO INCLUDE MIKROTIK MODIFICATIONS, because that just public 
official or not maintained links from copyright holder. Mikrotik are using 
modifications of new versions of GPL'ed (and other free licences) code and not 
to offer it.

Mikrotik must to be clear which parts of free software code are using, which 
ones are modified and offer source code of BOTH. If they want they also can say 
which one are proprietary software (from scratch).

"Source code" means the complete corresponding machine readable source code for 
all modules it contains, plus any associated interface definition files, plus 
the scripts used to control compilation and installation of the executable.

> Package name License URL
> e2fsprogs GPL http://e2fsprogs.sourceforge.net/
> ld.so ldso (BSD) ftp://metalab.unc.edu/pub/Linux/GCC
> linux kernel GPL http://www.kernel.org/
> OpenSSL OpenSSL (BSD) http://www.openssl.org/
> ppp PPP (BSD)
> ftp://metalab.unc.edu/pub/Linux/system/network/serial/ppp
> racoon Raccon (BSD) http://www.kame.net/
> netkit-telnet telnet (BSD)
> ftp://metalab.unc.edu/pub/Linux/system/network/daemons
> termcap LGPL ftp://metalab.unc.edu/pub/Linux/GCC
> LinuxBIOS GPL http://www.linuxbios.org/
> EtherBoot GPL http://www.etherboot.org/
> Bochs LGPL http://www.gnu.org/directory/bochs.html
> SGI STL STL http://www.sgi.com/tech/stl/
> OpenSSH OpenSSH http://www.openssh.org/
> uClibc LGPL http://www.uclibc.org/
> SYSLINUX GPL http://syslinux.zytor.com/
> NTP NTP http://www.ntp.org/
> BusyBox GPL http://www.busybox.net/
> expat expat http://expat.sourceforge.net/
> Memtest86 GPL http://www.memtest86.com/
> cpuburn GPL http://pages.sbcglobal.net/redelm/
> libsvg LGPL http://cairographics.org/libsvg
> libsvg-cairo LGPL http://cairographics.org/libsvg-cairo
> cairo MPL http://cairographics.org/
> fontconfig Fontconfig http://www.fontconfig.org/wiki/
> freetype Freetype http://www.freetype.org/
> net-snmp Net-snmp http://net-snmp.sourceforge.net/
> libcroco LGPL http://www.freespiders.org/projects/libcroco/
> pango LGPL http://www.pango.org/
> librsvg LGPL http://librsvg.sourceforge.net/
> glib LGPL http://www.gtk.org/
> gtk+ LGPL http://www.gtk.org/

> this software is based in part on the work of the Independent JPEG
> Group jpeg

> Regards
> Alexander

> Alexander Neilson
> Neilson Productions Limited

> [email protected]
> 021 329 681
> 022 456 2326

> On 4/02/2014, at 4:41 pm, al < [email protected] > wrote:

> > Dear Mikrotik
> 

> > We write in respect of your routers:
> 
> > CCR series
> 
> > CRS series
> 
> > RB1xx series
> 
> > RB230 series
> 
> > RB3xx series
> 
> > RB4xx series
> 
> > RB5xx series
> 
> > RB600 series
> 
> > RB7xx series
> 
> > RB800 series
> 
> > RB9xx series
> 
> > RB1xxx series
> 
> > RB2011 series
> 
> > RB Crossroads
> 
> > SXT
> 
> > OmniTik
> 
> > Groove
> 
> > METAL
> 
> > SEXTANT
> 

> > and switches:
> 
> > RB250GS
> 
> > RB260GS
> 

> > which are based on, or include, software licensed under GNU GPL
> > 2.0,
> 
> > a common open source licence - a copy of the licence is available
> > at
> 
> > http://www.gnu.org/licenses/gpl-2.0.html
> 

> > As you may be aware, the performance of an act restricted by
> > copyright
> 
> > in respect of a copyright work, in the absence of an appropriate
> 
> > licence or other permission, infringes the copyright in that work.
> 

> > As you may be further aware, the terms of the licence, which govern
> 
> > the distribution of this software, require you, as distributor, to
> 
> > fulfil certain commitments. In particular, a distributor of GNU GPL
> 
> > 2.0 'd code is required to:
> 

> > a.) accompany distribution of object code with a copy of the text
> > of
> 
> > GNU GPL 2.0, and
> 

> > b.) where the distribution is by means of a binary version of the
> 
> > software (in this case, embedded in the router) either accompany
> > the
> 
> > binary distribution with:
> 

> > 1.) a copy of the source code (e.g. supplying a CD with the
> 
> > product, or bundling the source code on any integrated disc); or
> 

> > 2.) a written offer to give *any* third party a copy of the
> 
> > source code, for a charge no greater than your costs of performing
> 
> > such distribution (e.g. making the relevant source code available
> 
> > online, whether via http, ftp, svn or otherwise).
> 

> > For the purposes of the licence, "source code" means the complete
> 
> > corresponding machine readable source code for all modules it
> 
> > contains, plus any associated interface definition files, plus the
> 
> > scripts used to control compilation and installation of the
> > executable.
> 

> > We have been informed that there is no source code accompanying the
> 
> > router, nor a written offer.
> 

> > We would be grateful if you could confirm:
> 
> > a.) how we can obtain copies of the source code for the GNU
> 
> > GPL 2.0'd code in your product; and
> 
> > b.) that you will comply with the terms of the GNU GPL 2.0 in
> 
> > respect of your continuing distribution of GNU GPL 2.0'd code.
> 

> > Kind regards,
> 

> > Ál Cano Santana
> 
> > Xarxa Integral de Professionals i Usuàries
> 
> > Guifi.net
> 

> > PS: Please "Reply All"
> 

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