Cisco and the Free Software Foundation settle compliance suit

By Angela Gunn | Published May 21, 2009, 6:00 PM

Once upon a time, Richard Stallman's Free Software Foundation started a conversation with Cisco about playing nicely with other people's software licenses. Five years later, that conversation hadn't gotten much traction, so the FSF applied lawyers to the problem. Five months later, Cisco appears to have gotten the message.

Cisco and the FSF made official this week what had been whispered in certain circles earlier in the month: There will be peace in our time, as Cisco revamps how it works with free software licenses such as the GNU General Public License.

The excitement centers on Linksys, Cisco's home-networking subsidiary, and on how licensing arrangements have been handled (and will be in the future). Cisco is known to be generally well-disposed to the free software movement; however, when it picked up Linksys in 2003, it acquired that firm's more cavalier behavior toward compliance. (The Linksys WRT54G router, the original version of which was released late in 2002, is Linux-based and uses multiple pieces of GPL-covered code.)

The suit, filed in December in New York's Southern District Court, alleged GPL violations relating to 12 Linksys products, mostly routers. Under the terms of the LGPL (Lesser General Public License), programs that use software developed under the LGPL have to distribute a copy of the source code along with the product, so the recipient can also modify the code as s/he sees fit. Linksys did not.

Cisco will, according to the FSF, appoint a Free Software Director at Linksys, who will supervise how those software licenses are handled. That person will stay in touch with the FSF to monitor compliance. Additionally, Cisco will work to tell previous Linksys buyers about their rights under the GPL and other licenses, publish an assortment of licensing-related notices on the Linksys site and elsewhere, and put the relevant source code on its Web site for all to see and use.

Cisco will also make a donation to the FSF.

It's a David and Goliath-sized story, and some observers were hoping that it would go to court and yield a result that strengthened the GPL's hand overall. James Grimmelmann, associate professor of intellectual property and Internet law at the New York Law School, said in an interview last year in SDTimes, "As a law professor, I hope it gets litigated and yields a court opinion, but as a computer user, I hope there's a settlement."

Writing on the FSF blog, FSF compliance engineer Brett Smith explains that it was never about the money. "When [a] violator admits that there's been a mistake and demonstrates they want to fix it, we take it as a sign that we can cooperative productively, instead of an opportunity to pounce.... [W]e're not out to wreck businesses or make lots of money. We just want compliance."

Betanews has asked Cisco for a comment on the settlement, and has not received a reply.

Comments

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The best way to be compliant is to avoid any *GPL licensed software.

There are plenty of other open source licenses that make it worth your while to develop against open source software, if you must retain trade secrets. In the case of Linksys, I can't imagine how they'd have anything worth keeping a secret. They should have complied years ago. Cisco is another matter, even though they're the parent company of Linksys.

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This is a perfect example of what I have told clients for years...

"Free software, is not License Free Software."

Not reading and/or not caring about what a software license says, almost always ends badly. Even if you're a big-'ol company like Cisco.

I loved your isolated line "Cisco will also make a donation to the FSF."

That was mighty friendly of 'em.

G.C. Hutson
Chief Executive & Senior Partner
Sadien Intellectual Property, Inc.
http://www.sadien.com

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What is this about a "Free Software Director"? All they have to do is release any code containing LGPL licensed components. Seems to be a means of future weaseling.

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No, it's a good thing I think. Cisco will pay for someone to lean on all the in-house parties as needed for compliance now and going forward; that person will also talk to the FSF regularly. The FSF, of course, will also be keeping an eye on matters. If it enhanced communication and keeps everyone out of court, it could be a real boon. But yeah, they have to start by abiding by the terms of the LGPL, and that's clearly going to be Job #1 for this person.

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I'm using a WRT54G right now and also one at work (using DD-WRT). Great devices.

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Love 'em to death; one of the great unsung successes of the home networking saga.

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