From: "Yoshinori K. Okuji" <okuji@gnu.org>
Organization: FSF
To: linux-kernel@vger.kernel.org, videolan@videolan.org
Subject: possible GPL violation by Free
Date: Sat, 9 Oct 2004 19:58:25 +0200
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Hello,

I got information about a possible GPL violation in France. A network
service company called "Free" provides a kind of ADSL modem named
"Freebox". This "Freebox" is not only an ADSL modem but also has
functions of a router, an IP phone and a TV, using video streaming via
ATM. Although the "Freebox" does not contain any information about GPL,
a rumor says that this runs Linux as the kernel and VideoLAN for the
video streaming. And, this company does not provide the source code
even to those who have Freeboxes. I don't know any other software used
in Freebox, but at least Linux and VideoLAN are under the term of GPL.
This information seems to be given by anonymous people working for the
company.

The company Free reasons that they don't need to make the source code
available, because they don't sell Freebox but merely _rents_ Freebox
to customers. So the company thinks that customers do not own Freebox
legally, and so they have no right to claim that they can ask the
source code.

But, if this is a good reason, I think many other people can refuse to
publish source code. For example, a distributor who "rents" CDROMs can
say, "I am not forced to give you the source code, because you do not
own your CDROM."

Unfortunately I have little knowledge on French copyright laws, so I
cannot judge if this is wrong.

Regards,
Okuji
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