Software Freedom Law Center

The Software Freedom Law Center (SFLC) is a nonprofit legal organization serving developers, foundations, and other communities involved in free software and open-source software. It was launched in February 2005 with Eben Moglen as chairman and received an initial funding commitment of approximately $4 million from Open Source Development Labs. The organization was established to provide the free-software movement with specialized legal capacity, including assistance with copyright, licensing, trademark, governance, compliance, policy, and litigation. SFLC's work is centered on projects and organizations whose software is distributed under free and open-source licenses. Rather than operating as a conventional commercial law firm, it has historically combined pro bono legal representation with educational and strategic services for nonprofit developers and project communities. Its activities have included advising clients on license compliance, helping projects structure their legal affairs, representing copyright holders in enforcement actions, and participating in public discussions about software copyright and licensing policy. One of the organization's most prominent early activities was its work with the Free Software Foundation during the development and public consultation process for version 3 of the GNU General Public License. Between 2005 and 2007, SFLC director Eben Moglen and SFLC counsel Richard Fontana were among the principal legal contributors to GPLv3, LGPLv3, and the GNU Affero General Public License, alongside Free Software Foundation president Richard M. Stallman. This work placed SFLC at the center of debates over software patents, digital rights management, device lockdown, license compatibility, and the obligations of distributors of modified software. SFLC also became known for litigation concerning the GNU General Public License. In 2007 and 2008, it represented BusyBox developers Erik Andersen and Rob Landley in a series of copyright enforcement cases against companies alleged to have distributed BusyBox without providing the corresponding source code required by GPLv2. The case against Monsoon Multimedia is commonly described as the first United States court action in which the central claim concerned a violation of the GPL. Subsequent matters involved companies including Xterasys, High-Gain Antennas, Verizon, Bell Microproducts, and Super Micro Computer. In 2009, SFLC and the Software Freedom Conservancy brought another set of BusyBox-related cases involving numerous consumer-electronics and retail companies, including Best Buy, Samsung, and Westinghouse. The organization also represented the Free Software Foundation in its 2008 copyright and licensing lawsuit against Cisco Systems. That case, the first lawsuit initiated by the Free Software Foundation, was resolved by settlement in 2009. Beyond litigation, SFLC has represented or advised projects and institutions such as Wine, the X.Org Foundation, and the Plone project and Plone Foundation. Its broader role has been to make legal expertise available to software communities that depend on collaborative development and permissive or copyleft licensing models. SFLC's public profile has been closely associated with Eben Moglen and with the wider institutional development of the free-software movement. The organization has also employed lawyers, policy specialists, technical staff, and operations personnel with experience in software licensing and open-source governance. Its work remains focused on protecting the legal and organizational infrastructure of software freedom rather than selling software products itself.

The Software Freedom Law Center was launched in February 2005 as a public-interest legal organization for the free-software and open-source movements. Eben Moglen served as its founding chairman, and Open Source Development Labs pledged approximately $4 million in initial support. The center was conceived as a source of legal expertise for nonprofit developers and project communities that often lacked the resources to maintain dedicated counsel. Its early institutional ambition also included building a professional network of lawyers familiar with software licensing and enabling experienced staff to move between public-interest technology work and other legal roles. SFLC quickly became involved in the legal architecture of free software. It represented and advised the Free Software Foundation during the drafting and consultation process for GPLv3 between 2005 and 2007. Moglen and Richard Fontana were principal legal contributors to GPLv3, LGPLv3, and the GNU Affero General Public License. The process addressed major questions about software patents, anti-circumvention rules, digital rights management, license compatibility, and the responsibilities of distributors who ship modified versions of copyleft software. The center's most visible litigation work arose from BusyBox, a compact collection of Unix utilities widely used in embedded products. In 2007 and 2008, SFLC represented principal BusyBox developers Erik Andersen and Rob Landley in cases alleging that companies had distributed BusyBox without satisfying GPLv2 requirements, particularly the obligation to provide corresponding source code. The September 2007 complaint against Monsoon Multimedia is widely regarded as the first United States lawsuit centered on an alleged GPL violation. Monsoon later agreed to comply with the license and make a payment to the plaintiffs. Other matters involving Xterasys, High-Gain Antennas, Verizon, Bell Microproducts, and Super Micro Computer produced additional settlements or compliance commitments. In December 2009, SFLC and the Software Freedom Conservancy brought another series of BusyBox-related cases on behalf of their clients against fourteen companies. The defendants included prominent consumer-electronics and retail businesses such as Best Buy, Samsung, and Westinghouse. The cases illustrated how free-software licensing obligations could reach mainstream hardware and electronics distribution channels. By September 2013, settlement terms had been reached with all defendants except Westinghouse, for which a default judgment was entered. SFLC also represented the Free Software Foundation in a 2008 action against Cisco Systems. The case concerned Cisco products that incorporated software distributed under free-software licenses and was notable because it was the first lawsuit initiated by the Free Software Foundation. The parties announced a settlement in May 2009. Alongside enforcement work, SFLC advised and represented software projects and foundations including Wine, the X.Org Foundation, and Plone and the Plone Foundation. The organization has historically combined legal practice with policy work, project counseling, license education, and community support. Its lawyers and technical staff have helped projects address copyright ownership, contributor arrangements, licensing strategy, governance, and compliance procedures. Public information identifies Moglen as a central long-term leader and lists other legal, policy, operational, and technical personnel at different points in the organization's history. Current staffing and organizational details are not fully established by the supplied reference material.

• 2013

  Major BusyBox enforcement series reaches resolution

  [1]Software Freedom Law Centeren.wikipedia.org

  Most defendants in the 2009 series had settled by September 2013; Westinghouse faced a default judgment.

• 2009

  Cisco matter settled

  [1]Software Freedom Law Centeren.wikipedia.org

  The Free Software Foundation and Cisco announced a settlement of the SFLC-represented lawsuit.

• 2008

  Cisco lawsuit filed

  [1]Software Freedom Law Centeren.wikipedia.org

  SFLC represented the Free Software Foundation in its first initiated lawsuit, against Cisco Systems.

• 2007

  GPLv3 released after public development process

  [1]Software Freedom Law Centeren.wikipedia.org

  SFLC personnel were among the principal legal contributors to GPLv3 and related licenses completed during the 2005–2007 process.

• 2007

  First BusyBox GPL enforcement case

  [1]Software Freedom Law Centeren.wikipedia.org

  SFLC sued Monsoon Multimedia on behalf of BusyBox developers, alleging GPLv2 noncompliance.

• 2005

  Organization launched

  [1]Software Freedom Law Centeren.wikipedia.org

  SFLC began operations in February 2005 under the chairmanship of Eben Moglen, supported by an initial funding pledge from Open Source Development Labs.

• 2005

  GPLv3 drafting and consultation work begins

  [1]Software Freedom Law Centeren.wikipedia.org

  SFLC lawyers began participating in the drafting and public discussion surrounding the next major version of the GNU General Public License.

A mission-driven specialist legal center for free-software and open-source communities, positioned between public-interest advocacy, nonprofit legal services, and sophisticated technology-law practice.

• Legal services · 2005

  Pro bono legal representation

  SFLC represents eligible nonprofit software projects, foundations, and developers in matters involving copyright, licensing, governance, compliance, and related technology-law issues. Its representation model is designed for communities whose software is developed collaboratively and distributed under free or open-source licenses.

• Legal advisory services · 2005

  Open-source licensing and compliance counseling

  The center advises projects and distributors on copyleft and permissive licenses, source-code obligations, copyright ownership, license compatibility, and procedures for responding to suspected noncompliance. This work supports both project governance and practical distribution of software in products and services.

• Litigation · 2007

  Public-interest software litigation

  SFLC has pursued copyright and license-enforcement cases on behalf of free-software copyright holders, most notably the BusyBox cases and the action brought by the Free Software Foundation against Cisco. These matters seek compliance, corrective distribution practices, and other remedies available under copyright and license law.

• 2007BusyBox GPL compliance enforcement

  United States · Embedded hardware and consumer electronics

  SFLC represented BusyBox developers in a coordinated series of actions against companies alleged to have distributed GPLv2-covered BusyBox code without corresponding source code.

  Outcome. Settlements generally included commitments to comply with the GPL and, in some cases, payments to plaintiffs.

  Source
• 2005GPLv3 public development process

  Global free-software community

  SFLC supported the Free Software Foundation during the drafting and public consultation of GPLv3, LGPLv3, and the GNU Affero General Public License.

  Outcome. The licenses were completed and published following a multi-year public development process.

  Source

• 2008

  Represent Free Software Foundation in Cisco actionOther

  Background

  The Free Software Foundation alleged licensing and copyright violations involving Cisco products incorporating free software.

  Action taken

  SFLC filed and prosecuted the case on behalf of the Free Software Foundation.

  Aftermath

  Cisco and the Free Software Foundation announced a settlement in May 2009.

  Source

• 2007

  File first United States GPL-focused lawsuitOther

  Background

  SFLC alleged that Monsoon Multimedia distributed BusyBox in products without satisfying GPLv2 source-code obligations.

  Action taken

  The center filed suit on behalf of BusyBox developers Erik Andersen and Rob Landley.

  Aftermath

  Monsoon agreed to comply with the GPL and make a payment to the plaintiffs.

  Source

1. 1Software Freedom Law Centeren.wikipedia.org
2. 2Software Freedom Law Center official websitesoftwarefreedom.org