Software Freedom Law Center
Encyclopedia
The Software Freedom Law Center (SFLC) is an organization that provides pro bono
legal representation and related services to not-for-profit developers of free software
/open source software. It was launched in February 2005 with Eben Moglen
as Chairman. Initial funding of US$4 million was pledged by Open Source Development Labs.
A news article stated:
, one of its principal clients, throughout the process of drafting and public discussion of version 3 of the GNU General Public License
(GPLv3) during 2005-2007. Along with FSF president Richard M. Stallman, SFLC director Eben Moglen and then-SFLC counsel Richard Fontana
were principal authors of GPLv3, LGPLv3, and the GNU Affero GPL.
. These lawsuits claimed violations of version 2 of the GNU General Public License (GPLv2).
On September 20, 2007 SFLC filed a lawsuit against Monsoon Multimedia, Inc. alleging that Monsoon had violated GPLv2 by including BusyBox code in their Monsoon Multimedia HAVA line of products without releasing BusyBox source code. This is believed to be the first U.S. court case in which the complaint concerned a GPL violation. On October 30, 2007, an SFLC press release announced that the lawsuit had been settled with Monsoon agreeing to comply with the GPL and pay a sum of money to the plaintiffs.
On November 20, 2007, SFLC filed a lawsuit against Xterasys Corporation and High-Gain Antennas, LLC. On December 17, 2007, SFLC announced a settlement with Xterasys; the company agreed to stop product shipments until it published complete source code for the GPL code and to pay an undisclosed sum to the plaintiffs. The suit against High-Gain Antennas was settled on March 6, 2008 with the company agreeing to comply with GPL and paying an undisclosed sum to the plaintiffs.
On December 7, 2007 SFLC filed a lawsuit against Verizon Communications, Inc. alleging that Verizon had violated GPLv2 by distributing BusyBox in the Actiontec MI424WR MoCA
wireless routers bundled with the FiOS
fiber optic bandwidth service, without providing corresponding source code. A settlement announced on March 17, 2008 included an agreement to comply with the GPL and an undisclosed sum paid to the plaintiffs.
On June 10, 2008, SFLC announced the filing of lawsuits against Bell Microproducts, Inc. and Super Micro Computer, Inc.
On December 14, 2009, SFLC announced the filing of a lawsuit against 14 companies, including Best Buy
, Samsung
, and Westinghouse alleging these companies had violated GPLv2 by distributing BusyBox in some of their products without releasing BusyBox source code.
This lawsuit was filed on the behalf of the Free Software Foundation, and is the first suit ever initiated by the FSF.
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
legal representation and related services to not-for-profit developers of free software
Free software
Free software, software libre or libre software is software that can be used, studied, and modified without restriction, and which can be copied and redistributed in modified or unmodified form either without restriction, or with restrictions that only ensure that further recipients can also do...
/open source software. It was launched in February 2005 with Eben Moglen
Eben Moglen
Eben Moglen is a professor of law and legal history at Columbia University, and is the founder, Director-Counsel and Chairman of Software Freedom Law Center, whose client list includes numerous pro bono clients, such as the Free Software Foundation....
as Chairman. Initial funding of US$4 million was pledged by Open Source Development Labs.
A news article stated:
Moglen expects – in fact, plans for – a large turnover in the staff. After five years, he anticipates 20 to 30 lawyers will have passed through the Center. By the time these alumni move on, Moglen hopes that its members will have the expertise to advise both communities and corporations alike. It will also create a loose association whose members can consult with each other as necessary.
GPL version 3
SFLC represented and advised the Free Software FoundationFree Software Foundation
The Free Software Foundation is a non-profit corporation founded by Richard Stallman on 4 October 1985 to support the free software movement, a copyleft-based movement which aims to promote the universal freedom to create, distribute and modify computer software...
, one of its principal clients, throughout the process of drafting and public discussion of version 3 of the GNU General Public License
GNU General Public License
The GNU General Public License is the most widely used free software license, originally written by Richard Stallman for the GNU Project....
(GPLv3) during 2005-2007. Along with FSF president Richard M. Stallman, SFLC director Eben Moglen and then-SFLC counsel Richard Fontana
Richard Fontana
Richard Fontana is a free software and open source lawyer in the United States. Fontana served as legal counsel at the Software Freedom Law Center from December 5, 2005 until February 2008...
were principal authors of GPLv3, LGPLv3, and the GNU Affero GPL.
BusyBox Litigation
During 2007 and 2008, SFLC filed a series of copyright infringement lawsuits against various defendants, on behalf of Erik Andersen and Rob Landley, the principal developers of BusyBoxBusyBox
BusyBox provides several stripped-down Unix tools in a single executable. It runs in a variety of POSIX environments such as Linux, Android, FreeBSD and others, such as proprietary kernels, although many of the tools it provides are designed to work with interfaces provided by the Linux kernel. It...
. These lawsuits claimed violations of version 2 of the GNU General Public License (GPLv2).
On September 20, 2007 SFLC filed a lawsuit against Monsoon Multimedia, Inc. alleging that Monsoon had violated GPLv2 by including BusyBox code in their Monsoon Multimedia HAVA line of products without releasing BusyBox source code. This is believed to be the first U.S. court case in which the complaint concerned a GPL violation. On October 30, 2007, an SFLC press release announced that the lawsuit had been settled with Monsoon agreeing to comply with the GPL and pay a sum of money to the plaintiffs.
On November 20, 2007, SFLC filed a lawsuit against Xterasys Corporation and High-Gain Antennas, LLC. On December 17, 2007, SFLC announced a settlement with Xterasys; the company agreed to stop product shipments until it published complete source code for the GPL code and to pay an undisclosed sum to the plaintiffs. The suit against High-Gain Antennas was settled on March 6, 2008 with the company agreeing to comply with GPL and paying an undisclosed sum to the plaintiffs.
On December 7, 2007 SFLC filed a lawsuit against Verizon Communications, Inc. alleging that Verizon had violated GPLv2 by distributing BusyBox in the Actiontec MI424WR MoCA
MOCA
-Museums:* Museum of Chinese in America, a museum in New York City which exhibits Chinese American history* Museum of Contemporary Art , any of several museums with this title...
wireless routers bundled with the FiOS
Verizon FiOS
Verizon FiOS is a bundled Internet access, telephone, and television service which operates over a fiber-optic communications network. It is offered in some areas of the United States by Verizon Communications. Verizon was one of the first major U.S...
fiber optic bandwidth service, without providing corresponding source code. A settlement announced on March 17, 2008 included an agreement to comply with the GPL and an undisclosed sum paid to the plaintiffs.
On June 10, 2008, SFLC announced the filing of lawsuits against Bell Microproducts, Inc. and Super Micro Computer, Inc.
On December 14, 2009, SFLC announced the filing of a lawsuit against 14 companies, including Best Buy
Best Buy
Best Buy Co., Inc. is an American specialty retailer of consumer electronics in the United States, accounting for 19% of the market. It also operates in Mexico, Canada & China. The company's subsidiaries include Geek Squad, CinemaNow, Magnolia Audio Video, Pacific Sales, and, in Canada operates...
, Samsung
Samsung
The Samsung Group is a South Korean multinational conglomerate corporation headquartered in Samsung Town, Seoul, South Korea...
, and Westinghouse alleging these companies had violated GPLv2 by distributing BusyBox in some of their products without releasing BusyBox source code.
Cisco lawsuit
On December 11, 2008, SFLC announced the filing of a lawsuit against Cisco Systems, Inc.Cisco Systems
Cisco Systems, Inc. is an American multinational corporation headquartered in San Jose, California, United States, that designs and sells consumer electronics, networking, voice, and communications technology and services. Cisco has more than 70,000 employees and annual revenue of US$...
This lawsuit was filed on the behalf of the Free Software Foundation, and is the first suit ever initiated by the FSF.
Staff
As of November 2011, SFLC's staff included:- Eben MoglenEben MoglenEben Moglen is a professor of law and legal history at Columbia University, and is the founder, Director-Counsel and Chairman of Software Freedom Law Center, whose client list includes numerous pro bono clients, such as the Free Software Foundation....
, Director-Counsel - Mishi Choudhary, Director of International Programs
- James Vasile, Counsel
- Aaron Williamson, Counsel
- Justin C. Colannino, Counsel
- Ian Sullivan, Executive Secretary
Directors
As of August 2011, SFLC's directors were:- Eben MoglenEben MoglenEben Moglen is a professor of law and legal history at Columbia University, and is the founder, Director-Counsel and Chairman of Software Freedom Law Center, whose client list includes numerous pro bono clients, such as the Free Software Foundation....
(Chairman) - Philippe Aigrain
- Diane M. Peters
- Mark WebbinkMark WebbinkMark Webbink is lawyer and a visiting professor of law at New York Law School . At NYLS Webbink serves as the Executive Director of the Center for Patent Innovations, the home of the Peer-to-Patent program....
Former staff
- Richard FontanaRichard FontanaRichard Fontana is a free software and open source lawyer in the United States. Fontana served as legal counsel at the Software Freedom Law Center from December 5, 2005 until February 2008...
, Counsel - Jim Garrison, Public Relations Coordinator
- Bradley M. KuhnBradley M. KuhnBradley M. Kuhn is a free software activist from the United States.Kuhn is currently Executive Director of the Software Freedom Conservancy. Until 2010 he was the FLOSS Community Liaison and Technology Director of the Software Freedom Law Center . He previously served as the Executive Director of...
, Policy Analyst and Technology Director - Matt Norwood, Counsel
- Daniel B. Ravicher, Legal Director
- Karen M. Sandler, General Counsel
- Rachel A. Wiener, Office Manager
Actions
- SFLC adds Wine to client list
- Press Release: SFLC to represent the Wine project (see also WineWine (software)Wine is a free software application that aims to allow computer programs written for Microsoft Windows to run on Unix-like operating systems. Wine also provides a software library, known as Winelib, against which developers can compile Windows applications to help port them to Unix-like...
) - X.Org Foundation Hires Software Freedom Law Center
- SFLC to represent Plone and the Plone Foundation (see Plone)