Darkseider
Senior Member
What IP? Really? They use off the shelf parts, including the SoC, and throw it together in a case. I am not a lawyer but my understanding is as follows. The operating system is open source and under the Apache license. I am sure that some of the software that Motorola includes stock on Android is licensed in part or wholly under the GPL v3. In which case according to the Apache license the entire OS and everything contained therein falls under the GPL V3.
GPL compatibility
The Apache Software Foundation and the Free Software Foundation (FSF) agree that the Apache License 2.0 is a free software licence, compatible with version 3 of the GNU General Public License (GPL).[6]
However, the Free Software Foundation considers all versions of the Apache License (as of 2007) to be incompatible with the previous GPL versions 1 and 2.[7][8]
It should be noted, however, that there is a one-way incompatibility between the Apache version 2 and GPL version 3 licenses, in that you cannot include GPL version 3 code in an Apache project without activating the requirement that the entire project be relicensed under the GPL version 3.[9]
In which case by encrypting the boot loader and denying the ability to root the device is a breech of the GPL V3 because even if the source code is available it cannot be modified for use on the device due to these restrictions. Any one else following this?
EDIT: I just contacted the FSF asking this very question to see if there is any merit to my ramblings. I will keep you updated with their response if I get one.
This is where I take issue with your stance. I fully appreciate the people that WANT to flash custom ROMs for their own benefit and in turn will not be buying the device. That's their choice and I support that. I do NOT understand the sense of entitlement some people have when it comes to the device. Rather than saying "the phone doesn't support my needs, I will look elsewhere", the approach is "I am going to boycott, sue, march outside their offices until they MAKE it the way I want it". I understand your desire to prevent future phones from other manufacturers to follow suit, but the only way to do that is to speak with the wallet. No matter the outrage on enthusiast forums, if the phone sells well that's that.
Even though this article is from 2007, it points out some key things about handset makers and their own proprietary software.
Why Google chose the Apache Software License over GPLv2 for Android
Availability of Android under the ASL will ensure that a broader number of companies will be able to adopt the platform and build on top of it without having to expose the inner workings of proprietary technologies that give them a competitive advantage.
Well said... i just dont understand droiders would want to stifle innovation or create an environment where phones would cost us 700.00-800.00 to cover lost revenues.
In response to the Apache License there is GPL V2 code used in Android. Due to this anything associated with that particular code falls under GPL V2. An clipping from the Motorola Milestone forums regarding the legality.
""No it really isn't. Some people are just obviously not really well informed in the topic, which unfortunately doesn't prevent them from expressing a strong opinion based on half-truths and misinformation. Unfortunately, fact is: Motorola is not obligated to remove signaturechecking just because they're using (partly) GPLed code in their phones."
The fact is that Tivoization under GPLv2 has never brought to court so to say Moto is NOT breaking GPLv2 is at least unproved. Even if the use of signed images (and not publishing the keys) is allowed Moto is STILL violating the GPL on several other points.
Read http://gpl-violations.org/faq/sourcecode-faq.htm (these guys won over 100 GPL cases in and out of court and did not loose a single one, so I guess that they know the subject rather well)
GPLv2: "The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. ”
"What are "scripts used to control installation"?
After having translated software from its source code form into executable format, the program quite often needs to be installed into the system. The process of installation is often automatized by installation scripts. Exactly those scripts are referred to by the GPL. Please note that this is of special practical importance in the case of embedded devices, since the executable program(s) need to be somehow installed onto the device. If the user is not given a way to install his own (modified) versions of the program, he has no way of exercising his freedom to run modified versions of the program.
Sometimes, the process of installation is not facilitated by scripts, but by some other means (such as executable programs). The GPL text only mentions the word "scripts". But when reading and interpreting the license, it is clearly understood that the license doesn't specifically only mean "scripts", but any kind of software programs that are required to install a (modified) version of the compiled program. "
Most definition I see of the Install/installation of a computer software component define it simular to this : "Installation (or setup) of a program (including drivers, plugins, etc.) is the act of putting the program onto a computer system so that it can be executed."
So by using a commonly accepted definition someone (preferable a judge in a GPL court) can conclude that a program that is copied to the device but does not execute (due to signature check) is NOT installed, GPLv2 requires it CAN be installed by provided scripts hence Motorola IS violating GPLv2."