We were excited and very happy to participate in Linux Plumbers Conference this year, which happened last month (Sep 18-20) in Vienna. As one of the premiere programs using a software right to repair license (GPLv2), Linux is crucial for the future of software freedom in our devices, from those we use to develop and write new code, to the phones many of us carry with us, to the many appliances and even cars that bring conveniences to our lives. And so we were delighted to discuss Linux and its role in our connected future with Linux kernel developers and other enthusiasts who attended this technical conference.

We hosted a BoF, Let's talk about GPL and LGPL enforcement!, which brought dozens of developers together to discuss the hard questions of how we can ensure that Linux's license is enforced so people can get the code they're entitled to, and the current state of GPL and LGPL enforcement across the board. After some discussion of how often companies use software under the GPL and LGPL without honoring the license terms (it's unfortunately very very common), we fielded some questions about source candidates that people had received. The first example that a participant provided as a positive example of a company meeting its obligations turned out to actually be from a company that SFC had sued in the past, that SFC's prior enforcement efforts were helping to change behavior, causing companies to provide GPL/LGPL source code when they hadn't before.

Across organizations who develop and deploy software, there are a wide range of time-sensitive concerns that arise. Perhaps the most diligent team that responds to such time-sensitive concerns is the cybersecurity team. It is crucial for them to quickly understand the security concern, patch it without introducing any regressions, and deploy it. In extreme cases this is all done within a few hours — a monumental task crammed into less time than a dinner party (and often replacing such a social event at the last minute; these teams are truly dedicated).

Many other teams exist across organizations for different levels of risk and concern. In our experience, on average among many companies, the team that receives among the lowest priorities is the team that responds to concerns about a company's copyleft compliance. Now we can think of some reasons for this: the team is often not connected to the team that collated the software containing copylefted code, or that latter team was not given proper instruction for how to comply with the licenses (and/or does not read the licenses themselves). So the team responding when someone notes a copyleft compliance deficiency is ill-equipped to handle it, and is often stonewalled by developer teams when they ask them for help, so the requests for correct source code under copyleft licenses usually languish.

CC-BY-NA 4.0 Lucy Voigt

Thanks so much to one of our matching supporters, The Voigt Family! We're so happy to highlight a young family involved in free software and hear from about what they think about our work and the future. Read on to hear from Eli from a quick interview we did!

There appears to be some debate over whether a certain billionaire said on November 22 that "Tesla Roadster is now fully open source", or maybe that "All design & engineering of the original @Tesla Roadster is now fully open source". In any case, as the people who work every day on whether or not what companies say is FOSS really is FOSS, we reviewed the materials Tesla provided on the Tesla Roadster Service Information page. We found no source code — and last time we reviewed the Open Source Definition, providing source code was mandatory to meet it. But this situation is worse than that. Tesla did include several copies of the Linux kernel in only binary form, with no offer for source whatsoever. That's a GPL violation. We immediately emailed Tesla to ask them where the source code was but (now 3 weeks later) we have still heard nothing back.

Just when I think that I've really grokked the implications of the technology I have woven into my life, I find that life throws completely new challenges my way that make me realize the extent of the work that we have ahead of us for software freedom.

Front of hospital in Brussels CC-BY-SA 4.0 Karen Sandler

Sourceware is a Free Software hosting project for core toolchain and developer tools. Projects like Cygwin, a UNIX API for Win32 systems, the GNU Toolchain, including GCC, the GNU Compiler Colection, two C libraries, glibc and newlib, binary tools, binutils and elfutils, debuggers and profilers, GDB, systemtap and valgrind. Sourceware also hosts standard groups like gnu-gabi and the DWARF Debugging Standard.

In SFC's ongoing [lawsuit against Vizio asking to receive the source code for the copylefted components on their TVs](https://sfconservancy.org/vizio), last week we had a hearing with the judge to discuss the Motion for Summary Judgment that Vizio filed (requesting that the court reject our case before it even went to trial). A couple of our staff attended in-person (in an Orange County courthouse in Southern California) while others, like myself, watched remotely.

When it comes to the law, people working on software freedom are often most concerned about copyright and contract law (and the licenses we use under both), since these appear to most directly affect software freedom. How people can use, study, modify, and redistribute the software is naturally of paramount importance and these laws heavily affect those rights. Generally FOSS projects don't consider their brand as much as the software and community being built, and so other fields of law, like trademark, get less consideration.

At FOSSY 2023, there was a panel discusison about the Red Hat Enterprise Linux (RHEL) issue

For approximately twenty years, Red Hat has experimented with building the Red Hat Enterprise Linux (RHEL) business model. Namely, Red Hat strives to create an operating system deployment and distribution model that looks, feels, and acts like a proprietary one, but nonetheless complies with the GPL and other standard copyleft terms. Software rights activists, including SFC, have spent decades talking to IBM's Red Hat and its attorneys about how the Red Hat Enterprise Linux (RHEL) business model courts disaster and is actively unfriendly to community-oriented Free and Open Source Software (FOSS). This article discusses the issue in depth, including the details related to GPL compliance with the RHEL business model.

I grew up on a farm. My parents worked hard to grow crops and manage the farm business. My parents also found additional jobs to make ends meet. As farmers have done for millennia, my family used tools to farm. Some of those tools were tractors. Farmers now, as they have for thousands of years, rely on their ability and right to fix their tools. Perhaps that's bending a hand rake back into shape. Maybe they need to weld a broken three-point hitch back together. Agriculture was humanity's first truly revolutionary technological advancement. Since its inception, each generation of farmers exercised their right to repair their tools. This has allowed agriculture to grow and improve immeasurably. We take for granted the benefits that this has given us, and the abundance of food it provides.

Today Software Freedom Conservancy is officially opening our call for track proposals for our first annual FOSSY conference! We will be holding the conference in Portland, Oregon July 13-16, 2023 at the Oregon Convention Center. We are looking for community driven tracks that can balance important and in depth technical and non-technical issues, while uplifting contributors of all experiences. Tracks will be modeled after the DevRooms at FOSDEM and the miniconfs at linux.conf.au. They may be between 1 and 4 days, and the organizers of the tracks will be in charge of outreach, calls for submissions, communicating with potential speakers in the track, determining the schedule and hosting the track in person at FOSSY.

Software Freedom Conservancy has today submitted its reply to the FTC's request for comments on how repair information should be displayed on EnergyGuide labels. In particular, SFC has recommended that the FTC mandate a "Software Repair Instructions" section on the EnergyGuide labels that are already required on a variety of home appliances, including televisions, refrigerators, clothes washers, and dishwashers. This would not be a new notice requirement for most manufacturers, since it (currently) only requires manufacturers to provide the notice when they already had obligations under copyleft licenses to offer source code already. This merely changes the prominence of such notices, so that users can more easily see which products contain copylefted software (and thus software repair instructions) or not. This is important because many manufacturers make efforts to deemphasize or obscure their offers (if they have them at all), which prevents consumers from learning that they have rights with respect to their software.

Photo CC-BY-NC-SA Jondale Stratton

Next in our interview series, we have Jondale Stratton, a long time supporter of Software Freedom Conservancy. Jondale is the IT Manager for the National Institute for Mathematical and Biological Synthesis and the Technical Director for his local hackerspace, Knox Makers. In his spare time he enjoys laser cutting, tractors, playing with his bunnies, and replacing people with shell scripts.

Photo CC-BY Justin W. Flory

This year for our fundraising season, we are highlighting some of the incredible donors contributing to our matching fund (of $104,759!!). First up in our interview series is Justin W. Flory who has generously provided matching funds. He has repped Software Freedom Conservancy at a lot of recent conferences and it's always exciting to see him handing out our stickers and speaking to people about it. We were so happy to catch up with them and see what drives his passion behind software freedom and ethical technology.

Today is Giving Tuesday, and I'd like to share part of my story that brought me to Software Freedom Conservancy. Having started as a donor over 5 years ago, I find myself now with even more passion for our mission as an employee.

Suppose you go to your weekly MyTown market. The market runs Saturday and Sunday, and vendors set up booths to sell locally made products and locally grown and produced food. On Saturday, you buy some delicious almond milk from a local vendor — called Al's Awesome Almond Milk. You realize that Al's Awesome would make an excellent frozen dessert, so you make your new frozen dessert, which you name Betty's Best Almond Frozen Dessert. You get a booth for Sunday for yourself, and you sell some, but not as much as you'd like.

A few weeks ago, Microsoft quietly updated its Microsoft [app] Store Policies, adding new policies (which go into effect next week), that include this text:

all pricing … must … [n]ot attempt to profit from open-source or other software that is otherwise generally available for free [meaning, in price, not freedom].

While Microsoft has acknowledged the ensuing community outrage, they have not clarified their policy. In the meantime, this clause reverses long-standing app store policies, and is already disrupting commerce on their platform (with its tight countdown clock to implementation). In particular, Microsoft now forbids FOSS redistributors from charging any money for nearly all FOSS (i.e., “profit”). Since all (legitimate) FOSS is already available (at least in source code form) somewhere “for free” (as in “free beer”), this term (when enacted) will apply to all FOSS.

Those who forget history often inadvertently repeat it. Some of us recall that twenty-one years ago, the most popular code hosting site, a fully Free and Open Source (FOSS) site called SourceForge, proprietarized all their code — never to make it FOSS again. Major FOSS projects slowly left SourceForge since it was now, itself, a proprietary system, and antithetical to FOSS. FOSS communities learned that it was a mistake to allow a for-profit, proprietary software company to become the dominant FOSS collaborative development site. SourceForge slowly collapsed after the DotCom crash, and today, SourceForge has yet to solve these problems. We learned a valuable lesson that was a bit too easy to forget — especially when corporate involvement manipulates FOSS communities to its own ends. We now must learn the SourceForge lesson again with Microsoft's GitHub.

GitHub has, in the last ten years, risen to dominate FOSS development. They did this by building a user interface and adding social interaction features to the existing Git technology. (For its part, Git was designed specifically to make software development distributed without a centralized site.) In the central irony, GitHub succeeded where SourceForge failed: they have convinced us to promote and even aid in the creation of a proprietary system that exploits FOSS. GitHub profits from those proprietary products (sometimes from customers who use it for problematic activities). Specifically, GitHub profits primarily from those who wish to use GitHub tools for in-house proprietary software development. Yet, GitHub comes out again and again seeming like a good actor — because they point to their largess in providing services to so many FOSS endeavors. But we've learned from the many gratis offerings in Big Tech: if you aren't the customer, you're the product. The FOSS development methodology is GitHub's product, which they've proprietarized and repackaged with our active (if often unwitting) help.

In our previous update regarding our copyleft enforcement lawsuit against Vizio, we talked about how Vizio “removed” the case to USA federal court (namely, the Central District of California), and how we filed a motion to “remand” the case back to state court. While this all seems like minor legal wrangling early in a case, this very first skirmish in our case goes to the very heart of the right for software repair for consumers. While it won't be a final decision in the case, this motion will be the first indication whether the federal courts view the GPL as purely a copyright license, or as a contract, or as both. That question has been central to legal debate about the GPL for decades, and, thanks to our case, for the first time, a federal Court will directly consider this question.