FYI... --------------- Hi List-
I'm forwarding this message to this list because Softwell has modified the Metzler brothers' and Gerd Knorr's and other contributing authors' bttv driver in violation of the GPL. Not only have they violated the terms of the GPL (by not distributing their sources with their binaries or including a written offer to do so or including any sort of license), but I have asked them for their modified bttv sources (more than a week ago in multiple email and telephone conversations) and they have stalled and claimed to have made no changes and claimed that they were not required to distribute their sources because their product is an "embedded linux" product (it ships with a ~150MB solid state IDE drive and an empty 250GB HDD and a CD-ROM with 500MB of free space on it) and given all sorts of other excuses and finally have not provided the sources. They initially claimed that they would post them to their ftp site by Friday, 25 March but have not done so. I'm hoping that with the involvement of other interested parties on this list, we might make some progress towards forcing them to comply with the GPL. I've already notified the FSF and Harald Welte at gpl-violations.org. I've tried to notify redhat, but they don't seem to care. I've notified some of the authors of other (non-bttv-related) software distributed with the DVR, but the list of binaries is long (~1600 including drivers and kernel modules and stuff) and my time is short. Below the forwarded message is a list of their customers and others in Taiwan who may be able to exert some influence on them. Can anyone here help? -------- Forwarded Message -------- > Subject: GPL violation by Softwell Technology Co. Ltd. in Taipei with > Red Hat based linux distribution and 3ware software > Date: Tue, 22 Mar 2005 16:26:45 -0500 > > To Whom It May Concern- > > In accordance with instructions at > http://www.gnu.org/licenses/gpl-violation.html I'm reporting numerous > GPL violations by Softwell Technology Co. Ltd. in Taipei, Taiwan that > have probably been occuring since the company's start in May of 2000 but > which have definitely been occurring since the year 2002 (as noted in > shell scripts contained in the filesystem of their product that I own). > > The company's website is www.softwell.com.tw and I've communicated with > two people there via telephone and email. Their contact (incomplete in > some aspects) information is here: > > Jason <[EMAIL PROTECTED]> > International Sales Representative? > > Jenny Law > Softwell Technology CO.,Ltd. > Product Management Division > Product Planner > [EMAIL PROTECTED] > TEL：+886-2-86601023 ext.604 > FAX：+886-2-86601312 > http://www.softwell.com.tw > > Others with whom I have not had contact: > Company President > Robert Yeh > [EMAIL PROTECTED] > > Other executives: > [EMAIL PROTECTED] > [EMAIL PROTECTED] > > Others: > [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED], > [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED], > [EMAIL PROTECTED], [EMAIL PROTECTED] > > I own a DVR that is produced and distributed by them called the DVR Pro > 16. It contains many different GPL-protected applications (some of > which the copyright holder is the FSF and some of which it is not), > utilities, and other software. A partial listing of the software is > here: the linux kernel, XFree86, bash, init, getty, portmap, cron, > telnetd, xinetd, various 3ware utilities, drivers, and applications, > Gerd Knorr and other contributing authors' bttv driver for driving the > BT878-based capture card, etc. If it's important, I can assemble a > comprehensive list of all the GPL applications contained in the product > and forward it, but it is a nearly complete linux distribution > containing most of the code that one would expect in such a system. > There are no GPL licenses contained in the product or it's rescue > CD-ROM. There are no licenses of any sort. There is no source code > (other than shell scripts, some apparently original and some modified by > Softwell) and no written offer to provide it. It is based on a Red Hat > distribution but contains no attribution to them. I have asked the > company for the source code for the bttv driver (which Gerd Knorr tells > me they have definitely modified) in their product and they have given > me many explanations for why it's not included in their product > including: not required because it is an "embedded" linux product, there > are no modifications to the bttv driver in their product (not true > according the the original author's statements), they cannot easily > release this code because it is tightly integrated with what they claim > is their proprietary code, etc. They have written to me that they will > post this source code to their ftp site by Friday, March 25, but I > seriously doubt that they will do so. > > I've spoken in email with Harald Welte <[EMAIL PROTECTED]> > about this and he's offered to help, but has also explained that he's > very busy with other projects. Softwell is in a tight business > relationship with Gigabyte Technology Co. Ltd. in Taiwan (they use > Gigabyte motherboards in their DVR's). Harald tells me that Gigabyte in > Germany ran afoul of the GPL with netfilter software in their commercial > firewall products and corrected the violation to the copyright holder's > satisfaction. > > If I can provide any other details that would assist any copyright > holders in pursuing this company then please contact me and let me know > these details. Please feel free to forward this message to any other > interested parties. > A (partial?) list of Softwell's customers and other associated people/organizations (from their website): Presidential Office Legislative Yuan Coast Guard Administration Preparatory Office of National Archives of RDEC Chinese Petroleum Corp. in Taichung Bureau of Environmental Protection (Peitou, Neihu, Muzha incinerator) Taipei Municipal Government / Parking Department Taipei Municipal Government /Directorate General Highways ChangHua City Taichung County Police Department Kaohsiung County Police Department Fire Bureau, Kaohsiung Municipal Government Sinjhuang Sport Park Sinjhuang Baseball Court Bank of Taiwan Taishin International Bank Chinfon Bank Chiaotung Bank Bank of Kaohsiung United World Chinese Commercial Bank Far Eastern International Bank China Trust City Bank The Shanghai Commercial & Savings Bank Mercedes-Menz Taiwan Chunghwa Telecom Co. Unmanned Data Center TransAsia Telecommunications Taiwan Semiconductor Manufacturing Company Limited Taipei City Hsinchuang City Sanchung City Hsichih Town Taoyuan County Tainan City Hsinchu County Kaohsiung City Taitung County Ultimus Dayi Construction Co. Far Eastern Memorial Hospital Chayi Rest Home Tainan Kuo General Hospital Far Eastern Plaza Hotel Jungli City Inn Hotel Kuva Chateau Wulia Pause Ladies Rido Hotel Hermes Duty Free Shops For Terminal 1 & 2 in C.K.S. Airport Taipei Metro the Mall National Taipei Teachers College Kang Ning Junior College of Nursing Fu Jen Catholic University Ming Chuan University St. John's & St. Mary's Institute of Technology Ger-Jyh Senior High School Tatung University The government of Taipei County The Economy Ministry of R.O.C. International Security Industry Organization Ming-chi Wu, the director of electronic information center of board of industry of Economy department, Wen-Nan Jang, the director of market information center of institute for information industry, Cheng-Liang Kuo and Chi-Mai Chen, the legislators Te-Chang Fang, the controller of Coventive technologies Sui-Jian Chang, the director of board of ERA internet corporation Mr. Sui-Jian Chang Legislator, Chi-Mai Chen Yin-Wei Ho They are exhibitors at the following upcoming conferences: SecuTech Expo 2005 IFSec 2005 in Birmingham, UK -- -Kevin http://www.gnosys.us __________________________________ Do you Yahoo!? Yahoo! Small Business - Try our new resources site! http://smallbusiness.yahoo.com/resources/ ------------------------ Yahoo! Groups Sponsor --------------------~--> Help save the life of a child. 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