GPL Lawsuits
What was claimed to be the first US lawsuit over a GPL violation concerned use of BusyBox in an embedded device. The lawsuit, case 07-CV-8205 in the United States District Court for the Southern District of New York was filed on 20 September 2007 by the Software Freedom Law Center (SFLC) on behalf of Andersen and Landley against Monsoon Multimedia Inc., after BusyBox code was discovered in a firmware upgrade and attempts to contact the company had apparently failed. The case was settled with release of the Monsoon version of the source and payment of an undisclosed amount of money to Andersen and Landley.
On 21 November 2007, the SFLC brought two similar lawsuits on behalf of Andersen and Landley against two more companies, Xterasys (case 07-CV-10456) and High-Gain Antennas (case 07-CV-10455). The Xterasys case was settled on December 17 for release of source code used and an undisclosed payment, and the High-Gain Antennas case on March 6, 2008 for active license compliance and an undisclosed payment. On 7 December 2007, a case was brought against Verizon Communications over its distribution of firmware for Actiontec routers; this case was settled March 17, 2008 on condition of license compliance, appointment of an officer to oversee future compliance with free software licenses, and payment of an undisclosed sum. Further suits were brought on June 9, 2008 against Bell Microproducts (case 08-CV-5270) and Super Micro Computer (case 08-CV-5269), the Super Micro case being settled on 23 July 2008. BusyBox and Bell Microproducts also settled out of court on 17 October.
On December 14, 2009, a new lawsuit was filed naming fourteen defendants including Best Buy, JVC, Samsung and others.
On about Aug 03, 2010, BusyBox won triple damages of $90,000 and lawyers' costs and fees of $47,865, and possession of "presumably a lot of high-def TVs" as infringing equipment in the lawsuit Software Freedom Conservancy v. Best Buy, etal., the GPL infringement case noted in the paragraph above.
No other developers, including original author Bruce Perens and long time maintainer Dave Cinege, were represented in these actions or party to the settlements. On Dec. 15, 2009, Perens released a statement expressing his unhappiness with some aspects of the legal situation, and in particular alleged that the current BusyBox developers "appear to have removed some of the copyright statements of other Busybox developers, and appear to have altered license statements".
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