[HN Gopher] John Deere's ongoing GPL violations: What's next
       ___________________________________________________________________
        
       John Deere's ongoing GPL violations: What's next
        
       Author : pabs3
       Score  : 294 points
       Date   : 2023-03-16 15:17 UTC (7 hours ago)
        
 (HTM) web link (sfconservancy.org)
 (TXT) w3m dump (sfconservancy.org)
        
       | burstmode wrote:
       | OK, so what exactly are the John Deere programs they think are a
       | GPL violation ? There's no info about that in the article.
        
         | kwiens wrote:
         | There's more inforation in Sick Codes Jailbreak talk.
         | https://www.fierceelectronics.com/sensors/sick-codes-jailbre...
         | 
         | The display is a full blown touchscreen GUI built using Linux
         | and all sorts of OSS tools. The LTE gateway is another linux
         | machine.
        
       | abotsis wrote:
       | I think, even if for the pure marketing of it, one of Deere's
       | competitors should seize the opportunity to offer "open"
       | equipment. I'm not a farmer, but I did grow up fixing my own cars
       | and such... I can't imagine any "killer feature" farm equipment
       | has that Deere provides that would require such a closed package.
       | Reliability and serviceability could be those killer features.
        
         | pacetherace wrote:
         | Farming equipment is quite expensive and typically what is used
         | in a particular region depends on the dealer network. And the
         | dealer network what gives John Deere the power to play these
         | dirty games.
        
       | bacchusracine wrote:
       | At this point it's starting to seem like the GPL was only ever a
       | bluff and it's being called on us now....
       | 
       | As someone who uses Linux every day this hurts and makes me
       | wonder what the future will be as hardware gets locked away from
       | us with the very tools we made to use it.
        
         | CatWChainsaw wrote:
         | It will be grim, since everything will be silos, and monetized,
         | and perhaps not even interoperable anymore, to really emphasize
         | the lock-in.
        
         | [deleted]
        
         | __MatrixMan__ wrote:
         | It's only a bluff if we do nothing about it. Maybe the
         | government doesn't have the enforcement spine for the job, but
         | if they can make it clear who is in violation, well now we have
         | a list of targets. We just need to create some incentives to
         | not be on that list.
        
         | phpisthebest wrote:
         | GPL for Linux is not a Bluff, it is a stated fact they (the
         | Linux Foundation) will not enforce it. Publically stated, and
         | supported by their corporate overlords... err "sponsors"
        
           | SllX wrote:
           | Can you cite the page?
           | 
           | I found a page talking about how they won't enforce their
           | trademark against people who use it, but this is not the same
           | as not enforcing copyright.
           | 
           | Thanks in advance!
        
             | phpisthebest wrote:
             | If you know, and followed the enactment of the "Linux
             | Kernel Community Enforcement Statement " [1] [2] [3] which
             | started out as an effort to stop a "rouge" developer from
             | being a copyright toll, then further devolved with
             | interactions with the core linux group and SFC based on a
             | fundamental difference in the understanding of the GPL
             | problem, and what GPL enforcement should be
             | 
             | SFC wants to use the law as a stick, while trying to get
             | people to comply with out legal action. Many core members
             | prefer to not even engage with the threat of legal action
             | at all, they believe that simply asking nicely will get
             | companies like VmWare to comply. of course this is rarely
             | true but.....
             | 
             | [1] https://git.kernel.org/pub/scm/linux/kernel/git/gregkh/
             | drive...
             | 
             | [2] http://kroah.com/log/blog/2017/10/16/linux-kernel-
             | community-...
             | 
             | [3] http://kroah.com/log/blog/2017/10/16/linux-kernel-
             | community-...
        
         | acedTrex wrote:
         | GPL has always been mostly a bluff, it's occasionally attempted
         | to be enforced but its a drop in the bucket compared to the
         | ocean of infringement.
        
           | hospitalJail wrote:
           | This gives me hope for using Arduino and LGPL.
           | 
           | I want to make a product, I don't even mind giving away the
           | code. I'm just worried since its an embedded system, its hard
           | to update or whatever. As many times as I read the legal
           | stuff, its over my head. I can't understand how you can let
           | someone update part of the code on something compiled. Its
           | not like I'm going to have a screen on my device to let users
           | read the code either.
           | 
           | If someone wants to fight a legal battle, its really due to
           | my incompetence, not malice.
        
             | mfuzzey wrote:
             | >I can't understand how you can let someone update part of
             | the code on something compiled.
             | 
             | You can provide your closed source part as a precompiled
             | library or object file together with the source code for
             | the LGPL part and build scripts that let the recipient
             | relink it with a (possibly modified version of) the LGPL
             | code to generate a new final binary.
             | 
             | A pain yes but not impossible. Having a screen or not is
             | irrelevant, nothing says the recipient has to access the
             | source on the same device as the binaries run.
        
             | jimnotgym wrote:
             | I think it is their stated aim at sfc to enforce
             | compliance, not to sue. If they see you are not complying
             | they will ask you to comply. Doesn't sound like something
             | to be scared of?
        
             | saghm wrote:
             | IANAL, but I don't think that the part in the GPL about
             | modification makes any requirement that you facilitate
             | modifying compiled binaries. My understanding is that the
             | requirement is essentially that distributing the binary
             | requires you to distribute the source as well; if someone
             | modifies that source code you provide and distributes a
             | binary they compile from that modified code, they need to
             | share the modifications as source as well.
             | 
             | This is also my understanding of why the AGPL was created
             | to try to close the loophole of running GPL code on the
             | backend; since running code on a server doesn't entail
             | distributing the server binary to people who access the
             | service, the GPL didn't enforce any requirements on sharing
             | any modifications to code that was modified and used as
             | part of the backend for the service. Some felt that this
             | went against the spirit of the GPL, so a new license that
             | made this also explicitly disallowed was created.
             | 
             | As for the LGPL, my recollection is that it differs from
             | the GPL in creating an exception for dynamically linking to
             | the compiled binary; the phrasing of the (non-L) GPL
             | requires that any "derivative works" of the GPL-licensed
             | product (I can't remember if that's the exact term, but
             | it's a something similarly general) must abide by the GPL,
             | which could be interpreted as applying to something that
             | dynamically links to a library licensed under the GPL.
             | Licensing something under the LGPL gives permission for
             | users to dynamically link to your product without requiring
             | them to share the code linking to it.
        
             | LawTalkingGuy wrote:
             | For [L]GPLv2 it's super simple - release any changed code
             | and anything that links closely to it. If you publish all
             | your source you basically can't fail to do this right.
             | 
             | For GPLv3, it's that simple most of the time. You talk
             | about embedded which suggests you may be thinking primarily
             | of the "tivoization" clauses designed to prevent user
             | lockout. Again, if you're a fully open source project this
             | will be hard to fail because the user should be able to
             | just copy whatever you do in development. It's when you try
             | to prevent user updates while allowing your own that this
             | applies.
        
               | hospitalJail wrote:
               | That was basically my thought, I'm just worried that if I
               | link to the code online, that someone could claim 'Well I
               | don't have internet'. Bam lawsuit.
        
               | h2odragon wrote:
               | I suspect that publishing it public to the internet is
               | sufficient. If you really wanna cover your ass offer to
               | mail someone the source on a CD for "reasonable handling
               | fees"... which can reasonably be fairly high if someone
               | demands such service.
        
               | zerocrates wrote:
               | This was changed in GPLv3. To my reading, section 6(b)(2)
               | means that if you're distributing a physical product, you
               | can just include a link to a URL where the source can be
               | downloaded for free.
               | 
               | You _could_ read 6(b) to mean that you have to offer
               | consumers the choice between physical-delivery-at-cost
               | and for-free-download of the source... but I don 't think
               | that's the right reading.
        
             | joezydeco wrote:
             | I'll chime with my experience in embedded systems. In the
             | last 2-3 companies I've worked with the directive has been
             | "no GPLv3/LGPLv3, period. You will be fired if you ship
             | with it." The legal departments just don't want to deal
             | with it at all.
        
         | colechristensen wrote:
         | Is there not some sort of legal defense fund organization to
         | help enforce these licenses?
        
         | joe_the_user wrote:
         | The GPL has been validated in court many times by now. That
         | doesn't mean they'll win this case but there's a significant
         | amount of precedent protecting it at this point.
         | 
         | Edit: It's remarkable to see a raft of uninformed comments
         | here. What's up with that? Once most people in HN knew the
         | story of Linux, Gnu and so forth.
        
           | ikiris wrote:
           | The more topics you are knowledgeable about on HN, the more
           | glaring the mass lack of competence the comments generally
           | have except for topics like algorithms. Especially on
           | anything bordering economics, medicine, and some others. It's
           | similar to knoll's law. The libertarian / austrian
           | (economics) skews are sometimes wild, and equally wildly
           | inaccurate, sometimes bordering on conspiracy / delusional
           | thinking.
        
             | joe_the_user wrote:
             | I don't think I've gotten that much more knowledgeable in
             | the last few years but maybe I should take that as the
             | explanation for HN seeming to decline - it's certainly the
             | most flattering possibility.
        
               | sophacles wrote:
               | Every now and then when I've got some time to kill I'll
               | go look at old comment sections (particularly when Dang
               | links previous iterations of a discussion) and compare it
               | to what I see today. It turns out that the quality hasn't
               | changed greatly, though viewpoints, popular gripes, etc
               | may have. I've discovered that a lot of my thoughts about
               | "hn is going to shit" are usually better phrased as "I
               | dislike that this viewpoint is popular now" or "I've come
               | around to seeing that differently". Particularly when it
               | turns out I preserved my old viewpoint in the form of a
               | comment on the old article.
               | 
               | A related thing is: look through places where the crowd
               | skews young/newb like r/programmerhumor. You'll see
               | arguments, discussions, etc about things that might make
               | you think "I thought that was settled ages ago" but in
               | reality were just things you got experienced perspective
               | on, and/or grew out of.
               | 
               | People grow and change - usually in a slow and steady way
               | that's hard to see in the mirror. I suspect you've picked
               | up a lot of knowledge and some new perspectives - a few
               | years is a long time!
        
             | spacechild1 wrote:
             | > The libertarian / austrian
             | 
             | I am Austrian and I am a bit confused...
        
               | ikiris wrote:
               | sorry, meant specifically austrian school of economics
               | there. Austrians the people are cool :)
        
               | spacechild1 wrote:
               | No worries! TIL
        
           | goodpoint wrote:
           | HN is becoming the tech sibling of 4chan
        
             | return_to_monke wrote:
             | hn is much more ... extreme
        
           | smoldesu wrote:
           | Who's Unix? I only know Steve Jobs and Jim Cramer.
        
           | tssva wrote:
           | > That doesn't mean they'll win this case
           | 
           | As of yet there is no case to win or lose.
        
         | whateveracct wrote:
         | This is like saying copyright is a bluff because a corporate
         | violates a person's rights and that person doesn't have the
         | resources of a corporation to immediately go after them.
        
       | sleepybrett wrote:
       | It's sad. My grandfather before he passed last year owned and
       | drove 64 1/2 mustang. Over it's lifetime he's had to repair it
       | now and again but it's still running great almost 60 years later.
       | How long until Tesla declares some year of cars no longer
       | maintainable? How long until they stop pushing software updates?
       | How long will the deny people the ability to repair their own
       | cars?
        
       | user3939382 wrote:
       | Related, check out Rossmann's new video on how they've corrupted
       | the Farm Bureau that's supposed to represent the farmers, and
       | thereby got their lobby group to surreptitiously lobby _against_
       | their own industry by killing meaningful provisions in right to
       | repair.
       | 
       | John Deere is a horrible company whose upper management needs to
       | be wiped from the industry.
        
         | WheatMillington wrote:
         | It really does beg the question, if JD is so bad why do people
         | keep buying them? Perhaps RTR just isn't as important to people
         | as the tech crowd thinks.
        
           | npteljes wrote:
           | Buying something is a not a simple issue, there are multiple
           | factors that go into the decision, and for many, buying
           | something is not really a decision either, because the odds
           | are stacked against them. Also, it might be that JD is not
           | horrible to each buyer equally: some might not perceive these
           | issues at all. And some might just treat it as a business,
           | and write off the grievances as business expenses. They are
           | okay as there are also other things to take care of. Amazon
           | is also a company with many criticisms, and yet, they are
           | very popular. And I'm sure the list goes on.
           | 
           | So from an economic pov: it's a market failure. From an
           | individual's pov: because purchase is complex.
           | 
           | Regarding your last point: "Perhaps RTR just isn't as
           | important to people as the tech crowd thinks."
           | 
           | I agree, and still think RTR is very important. For a
           | comparison, take any public health issue. Are, for example,
           | unhealthy foods popular? Very much so. Is it still worth it
           | for the people to regulate it? Absolutely. Issues such as
           | this are not well served by treating it as a popularity
           | contest, because if it would be up to the children, all of
           | the meals would be candy. Experts, who have much deeper
           | insights into the workings of their area can give much better
           | advice.
        
           | freedomben wrote:
           | JD is still one of the best of the (horrible) options, and in
           | some areas is the only option. Also, most of the people I
           | have talked to about it had no idea how bad it was. They've
           | been buying JD all their lives and some of those purchases
           | stick around for decades, so many of them have other JD
           | equipment that is older and much more friendly. They assume
           | things are still the same.
        
           | kerkeslager wrote:
           | Ah yes, as usual, HN provides the most sociopathic take
           | possible within the first few comments.
        
           | CogitoCogito wrote:
           | > if JD is so bad why do people keep buying them?
           | 
           | I guess the logical conclusion is that a company can be "bad"
           | and yet still have people buy from them.
           | 
           | Edit: To be clear, I guess I'd just say your question is sort
           | of illogical. I see no reason one should assume a company
           | needs to be "good" for people to buy from it.
        
           | hajile wrote:
           | Few alternatives (when looking for equipment beyond a basic
           | tractor) and most are just as bad.
        
           | user3939382 wrote:
           | This translates to an absurd argument that anything large
           | companies do is right because if they didn't do right they
           | wouldn't be large.
           | 
           | For example: Why do people keep buying BP gas after they were
           | responsible for one of the biggest environmental disasters in
           | history? Maybe people don't care about the environment?
           | 
           | The answer in all cases is that being a wealthy company with
           | a lot of market penetration doesn't mean your actions are
           | ethically or morally right, or that your customers agree with
           | them.
        
           | spenczar5 wrote:
           | Just as nobody was ever fired for buying IBM, nobody was ever
           | fired for buying a Deere.
        
           | ronsor wrote:
           | Speaking generally and not just about RTR, people often
           | recognize something is "wrong" and that they're negatively
           | affected, but they also don't really understand what's going
           | on, so they can't do much other than complain when they get
           | screwed over.
        
           | inetknght wrote:
           | > _if JD is so bad why do people keep buying them_
           | 
           | Why do people keep buying Samsung or Apple when there are
           | better products? They certainly don't respect the right to
           | repair either.
           | 
           | Likewise, people buy JD because it's a well-known brand.
           | 
           | If you asked people what they wanted 100 years ago, they
           | would say they wanted a faster horse. It's hard to advocate
           | for something that people don't realize they don't have.
        
             | MikusR wrote:
             | There is a better phone with stylus than the one Samsung
             | makes?
        
             | fossuser wrote:
             | > Why do people keep buying Samsung or Apple when there are
             | better products?
             | 
             | Because there aren't better products? Knowing nothing, I'd
             | suspect the same of JD.
        
             | WheatMillington wrote:
             | Farmers are pretty knowledgeable about the equipment
             | they're spending hundreds of thousands of dollars on. The
             | idea they're just picking JD because of name recognition is
             | insulting.
        
               | chasil wrote:
               | I understand that, when they work, the products are
               | amazing, even up to the point that Deere can obtain
               | satellite imagery of a farm and work it autonomously,
               | without the owner of the equipment present.
               | 
               | Many times, the products do not work, and repair is
               | locked to approved equipment that is confirmed and
               | authorized remotely - no authorization, no repair, no
               | operational equipment.
               | 
               | The last Defcon conference shattered the control that the
               | corporation is able to exercise over this equipment,
               | because of bad security design. There is a major effort
               | to rethink (and improve) this control, but everything on
               | the market now is irretrievably broken from the
               | perspective of the embedded electronics preventing
               | unauthorized repairs.
               | 
               | There are other problems, one involving a fatality at a
               | recent union strike, the GPL violations above, right to
               | repair, and the (lack of) staff to correctly address said
               | adversity.
               | 
               | It will be interesting to see what transpires.
        
               | wander_homer wrote:
               | Maybe I'm just in my small bubble and/or the situation in
               | Germany is quite different, but when I look at the farms
               | in the area I grew up in, including my father's farm,
               | then most of them are absolutely loyal to whatever brand
               | their family has been using for centuries. My father
               | didn't even test or look at others brands when he bought
               | his tractors.
        
             | tick_tock_tick wrote:
             | > Why do people keep buying Samsung or Apple when there are
             | better products?
             | 
             | Because most people don't care about the right to repair or
             | are completely uniformed. Neither of which should apply to
             | a professional farmer.
        
           | mistrial9 wrote:
           | individual decision makers on farms are systematically
           | replaced by corporate farming over decades; restricting sales
           | to authorized dealers, and assigning those dealers exclusive
           | territory, was done systematically for the last seventy
           | years. If JD dismantles effective competition in the 1970s,
           | who exactly is there to provide competitive alternatives? It
           | is a "captured market" in the USA. "view from the City"
        
           | lyubalesya wrote:
           | [dead]
        
           | tcmart14 wrote:
           | My understanding, most farmers are backed into a corner where
           | there is not a viable option to go with someone else. JD has
           | extensively made access to repair facilities convenient and
           | sometimes for many farmers, it is the only repair center
           | remotely. If they go with a tractor from a different brand
           | and it does need to be taken to a repair facility, you may
           | have to ship it or drive it a long way or wait for a tech
           | travel to your farm. This might mean your tractor is out of
           | service for weeks. But JD has repair centers all over and JD
           | can turn your tractor around in 3 days or less.
           | 
           | In highschool, I worked a couple seasons picking tobacco.
           | Farmers love to be able to repair their tractors. Repair and
           | maintenance work is something that can also give them
           | something to do over the winter when they are not working the
           | fields much if they limp along until then. Most farmers
           | purchase them because as mentioned, there isn't really a
           | reasonable alternative in the event it is something that
           | actually does need to "go into the shop." I also would not be
           | surprised if most of JD's sales were from corporate farms and
           | smalls farmers are still using their grand daddy's tractor.
           | The farm I worked on, the farmer was still using a 50 year
           | old international harvester. Doing all of his own maintenance
           | and repair work.
        
       | fxtentacle wrote:
       | "Seems to be standard practice for Chinese companies"
       | 
       | "Stop the sale of products that violate licenses in markets the
       | US controls"
       | 
       | It seems Xiaomi is in good company ;)
        
       | firstlink wrote:
       | After two years, the SFC is escalating to "asking publicly". Wow,
       | they really are great stewards of the copyrights which have been
       | assigned to them!
        
         | worik wrote:
         | The legal system is glacial
         | 
         | "Justice delayed, is justice denied " is supposed to be one of
         | the principles of jurisprudence, it seems to have been
         | forgotten
        
           | zamalek wrote:
           | How quickly does copyright get addressed when it comes to
           | e.g. RIAA?
        
           | tapoxi wrote:
           | How is it glacial? This is resolved with a copyright
           | infringement lawsuit. Filing the suit is entirely on them.
        
             | kmeisthax wrote:
             | Yes, but the endgame of the GPL is not to generate
             | copyright infringement lawsuits[0]. It's to compel
             | modifiers of the code to license their changes back and
             | respect user freedom - i.e. to keep the software
             | effectively uncopyrighted.
             | 
             | If you sue in a court of law, they will give you money
             | damages, and _maybe_ an injunction specifically requiring
             | the developer delete their copy of the program. Under no
             | circumstances will a court demand specific performance of
             | GPL obligations to release source code. But that 's what
             | the SFC wants. So the only way to get people to comply with
             | the GPL is to use the threat of a lawsuit to encourage
             | compliance.
             | 
             | This is contrary to what we normally think of with
             | copyright litigation, but that's mostly because the
             | lawsuits we see are either breakdowns of negotiation, or
             | against individual infringers and pirate sites that would
             | _never_ be granted a license under any circumstances
             | whatsoever. When you want a licensee to actually _do
             | something_ , you are better off _threatening_ litigation
             | and negotiating rather than going straight to the nuclear
             | option.
             | 
             | [0] Nobody told that to the Lawnmower Man[1] unfortunately
             | 
             | [1] Larry Ellison
        
               | nier wrote:
               | Did you just anthropomorphize Larry Ellison?
        
               | serf wrote:
               | it sometimes strengthens a metaphor to anthropomorphize
               | the non human entities.
        
             | worik wrote:
             | > How is it glacial?
             | 
             | These cases take years
             | 
             | In other parts of the (in)justice system people languish in
             | jail, and on bail, waiting for their day in court.
             | 
             | The legal systems of Western "democracies " have become a
             | money fountain, and are loosing the sense of justice
        
               | SllX wrote:
               | Filing a suit does not take years. If you know you have a
               | case, decide if you're going to sue, if yes, then you
               | bang out the paperwork and file it with the appropriate
               | court. Trying to fight what ought to be a lawsuit through
               | PR isn't going to get you any closer to an injunction or
               | discovery but is a red flag that maybe the one engaging
               | in the PR battle doesn't feel confident they have a case.
               | 
               | EDIT: I dug into it a little. SFC appears to be dug into
               | a lawsuit against Vizio. It makes sense, even law firms
               | have finite resources, and there's some indication that
               | the outcome of this lawsuit could give a clearer
               | indication of the viability of a suit against John Deere.
               | My original point on the time it takes to file a suit
               | stands though.
        
               | simoncion wrote:
               | > Filing a suit does not take years.
               | 
               | Correct. Closing out the suit takes years. As was said:
               | 
               | > These cases take years
        
         | neilv wrote:
         | I'd prefer something a bit closer to the other end of the
         | spectrum of defending open software licenses.
         | 
         | The other end of the spectrum might be an outcome like "Some
         | GPL library authors find themselves suddenly owning a major
         | farming machinery company". :)
        
           | elkos wrote:
           | Me too. If the risk of not adhering to a license is minimal,
           | a for-profit organization has fewer incentives to do so.
           | 
           | The US copyright law is draconian, copyright violations are
           | felony violations with 10 years prison and 100k$ fines, the
           | Aaron Swartz taught us that.
        
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