Legal action against Coby USA for GPL violation (kernel and Busybox)

Discussion in 'Coby Generation 2 Technical' started by Asure, May 11, 2011.

  1. Asure

    Asure Member

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    Dear all,

    I'm looking for USA residents, preferably New York, that have purchased a Coby Kyros 7024 MID device, and are not afraid of a little legal action.

    Coby has done a double GPL violation by selling you the device.

    - Busybox is included (legal matters handled by the SFLC in NY), but no source, or source offer in the box, and no GPL license docs in the box.
    - Linux kernel 2.6.32.9 is included, but no source, source code offer, or GPL license included in the box.

    You may be wondering why it would be important to stand up for your rights?
    GPL-based code (freely available) is used, and sold to you. Doesn't that seem wrong?
    At least, you should also receive a copy of the source, so you can do what you want with it, right? Like port over CyanogenMod 7.1 or run 2.3.4 on the device, or use it for development, the sky is the limit.

    In this case, you would probably work with the SFLC as a witness, show up in court to confirm you did not get any license in the box, and they would end up paying court costs & losing the case. Source would then be released, as was originally required.
     
  2. Jory76

    Jory76 Member

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    I would love to help, but I live nowhere New York. Is there anything else I can do to help the cause?
     
  3. Asure

    Asure Member

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    Everybody can help, simply by emailing COBY and demanding source code for the kernel and busybox. Actually, i think they did a triple violation as also the u-boot bootloader source is also not included.
    (Please note, android OS source code is not under GPL license, and they are not required to include it or make it available)

    You can direct your complaints to: consumercare@cobyusa.com and techsupport@cobyusa.com. Simply say you did not receive any GPL documents with the product, learned on the internet that they are in violation of your legal rights, and you wish to get a copy of the modified Linux Kernel and modified Busybox source code. Keep it simple, do not threaten or harass staff, just a nice email. Be sure to CC the SFLC (software freedom law center) at help@softwarefreedom.org, they handle all legal matters and can/will sue COBY over the Busybox license violation. They will act on behalve of the Busybox copyright owners. Perhaps they will also combine with the linux kernel license holders.
     
  4. tipstir

    tipstir Senior Member Developer

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    Audio/Video Electronic Company is no match for HP/ACER Computer Companies. COBYUSA is small COBY International is where you should be aiming at. But in all good luck. As the last guy who had tried was waiting a very long time for GPL.
     
  5. weg

    weg Member

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    I understand this to be a necropost, but just in case anyone is watching, here is a link to Telechips source:

    https://www.telechips.com/technical_support/kor/opensource/opensource_list.asp#none

    I have also posted the link in the following forum post:

    http://www.androidtablets.net/forum...ernel-source-code-mid8042-requested-coby.html

    I use a Coby Kyros MiD1125 with Telechips 8803 ARM processor. Here is a search result for "telechips 8803 kernel source":

    https://www.google.com/search?q=tel...61,d.aWc&fp=85e440c1310b44c5&biw=1542&bih=711
     
  6. Molikai1988

    Molikai1988 Member

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    I had no luck getting source from them...they never even replied to me. However am I currently attempting to build the kernel for the 8042...by hand...and it is getting there...
     
  7. Ricky405jr

    Ricky405jr Member

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    Good luck!

    Sent from my CM9 Coby 8042 Kyros using Tapatalk 4 Beta Again
     
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  8. Molikai1988

    Molikai1988 Member

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    I'm gonna need it....and thanks.
    On a side note, the biggest issues thus far is getting together a comprehensive list of what makes the kernel up. The issues with these things usually is that even when (not if, when) a kernel is rebuilt, the OEM has to allow the release. Given how well *cough cough* Coby [tm] has been communicating thus far that may be impossible. But on the off chance they do allow it (they're legally required to) it will be posting some instructions on how to build from scratch the kernel.
     

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