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Let's say I am selling hardware that uses the linux kernel. Do I have to state somewhere that it is running linux(or other gpl code)?

The reason I am asking this is because I bought a television, which I found out is running linux. It doesn't say anywhere it is running linux, which seems to me a violation of gpl. If they don't state anywhere they are using gpl code, how do I know that I have the right to ask for the source?

And let's say I want the source code of the kernel, how would I get it? Just go to the company and just demand it?

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How did you determine that it is running Linux? –  GalacticCowboy Apr 26 '13 at 17:50
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The television allows me to browse the web, so I just put up my webserver and browsed to it. When I checked the http headers it says the os is linux. –  user2246190 Apr 26 '13 at 17:53
    
@user2246190 - that's not really definitive proof. They can configure the browser to say anything. –  Scott Whitlock Apr 26 '13 at 18:01
    
@ScottWhitlock It may not be definitive proof, but it's pretty convincing. Why would the headers lie about the OS being Linux? (Note: I'm aware it's trivial to do, but why?) –  Andres F. Apr 26 '13 at 18:11

2 Answers 2

up vote 3 down vote accepted

You can read the license at https://www.gnu.org/licenses/gpl.html . The relevant information is in section 6 which says they may:

a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.

b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.

Does it mention Linux and where to get the code in your manuals somewhere? Did you get a CD? Otherwise, see if you can get them to release the source code on their website because it seems like they are obligated to do so.

Edit: to answer the first question, it seems like you must provide access to the "Corresponding Source" but do not need to explicitly state that you use it... although how to link to source code without mentioning it is a real puzzle.

Edit2: I misread one part... the ROM exception applies only to the Installation Information, which must otherwise be provided to the user.

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Thanks for the answer, the problem is that I can't be 100% sure it is running linux because it doesn't say that anywhere. How can I be sure? Email the company and just ask if they use it? –  user2246190 Apr 26 '13 at 18:26
    
@user2246190 They should have an offer to provide you with the source or a copy of the source that came with the television. If you have concrete evidence they use Linux, you can ask for the source via email, they should give it to you. If that fails you can try to get the public to shame them into compliance. –  Victor Apr 26 '13 at 18:34
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@user2246190 You could simply act in the belief that they're using Linux. If they don't, they'll simply reply to you that you're mistaken. Or you could ask them to provide to you all sources of any GPL-licensed software the device is using. –  Petr Pudlák Apr 26 '13 at 19:37
    
@PetrPudlák Makes sense, thanks. –  user2246190 Apr 27 '13 at 14:44
    
Unless I'm reading that page wrong, you've linked to version 3 of the GPL, not version 2, which Linux is licensed under. I think that's an important distinction. –  Scott Whitlock Apr 29 '13 at 10:56
up vote 5 down vote

The idea of Tivoisation is relevant to this topic. In the case of TiVo, their box ran Linux and they did release the source to the changes they made. However, they didn't allow you to load modified versions onto the box. So technically they fulfilled their obligation.

IANAL, but here's my non-legal understanding:

The GPLv2 says they have to make any changes available to the people they distribute the product to. If they didn't make any changes to the GPL stuff, then the fact that the same version is already available "out there" then they don't have any obligation to do anything else. They only need to release changes they've made.

Version 3 of the GPL has clauses to prevent the Tivoisation stuff, but Linux is still GPLv2.

Whether the lack of a copyright notice is actually a violation in this case is beyond my knowledge.

I think they do have to provide you the source if you ask. They may charge a reasonable distribution fee, like $10. That doesn't mean you'll be able to make modifications and load it onto the TV.

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Thanks for the answer, still my question about whether hardware vendors should state that they use gpl code stays. –  user2246190 Apr 26 '13 at 18:07
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I think the GPL states they have to either make the GPL'ed code available, or point you to it. Either way, they must explicitly disclose they are using GPL'ed software, which I think is what the original question was about. –  Andres F. Apr 26 '13 at 18:14
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@AndresF. It appears they just need to link to it, provide a copy, or provide a written offer for a copy; but don't need to explicitly state that it uses Linux. –  Victor Apr 26 '13 at 18:26

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