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Bradley M. Kühn
Bradley M. Kühn
@bkuhn@fedi.copyleft.org  ·  activity timestamp 3 weeks ago

😲 👀 … Judge Leal in #SFC's landmark impact litigation against #Vizio (regarding their violations of #GPLv2 & #LGPLv2_1) is leaning toward partially granting our motion for summary adjudication.

Such motions are difficult to win, so this is amazing.

Her decision is tentative; join the hearing today (details in linked post) to hear the oral arguments in real time.

I'll live updates of the hearing in this thread.

https://sfconservancy.org/news/2025/dec/04/tentative-vizio-ruling-in-favor-of-sfc/

#OpenSource #FreeSoftware #copyleft #SoftwareFreedom

Software Freedom Conservancy

Judge Issues Tentative Ruling in Favor of SFC

Today, in the Superior Court of California in Orange County, Judge Sandy N. Leal will consider Software Freedom Conservancy's motion for summary adjudication in the Vizio case. The tentative ruling, issued this morning, rules in favor of SFC that Vizio has a duty to provide SFC with the complete and corresponding copylefted source code to the TV it purchased. Tentative rulings are not final; they are issued by the court to indicate how the judge is leaning on the issue, so that oral arguments at the hearing are most effective. The hearing on this issue will take place today, at 10am Pacific time. Information on how to attend is below.
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Bradley M. Kühn
Bradley M. Kühn
@bkuhn@fedi.copyleft.org replied  ·  activity timestamp 3 weeks ago

Judge Leal takes it all under advisement. She hopes to rule both on this motion and the one from three weeks ago before the end of the calendar year.

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Bradley M. Kühn
Bradley M. Kühn
@bkuhn@fedi.copyleft.org replied  ·  activity timestamp 3 weeks ago

#SFC lawyers argue correctly that the Judge got it right in the tentative ruling: the contract we accepted when we exercised the new offer when #Vizio updated their offer during the case.

#Vizio's lawyer dubiously claims that because we said the offer was invalid when the case *started* means we can never test the offer for source later when they fixed it during the case.

Effectively, Vizio is effectively saying if you're in a #GPL lawsuit, you lose your right to even ask for source at all!!!

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Bradley M. Kühn
Bradley M. Kühn
@bkuhn@fedi.copyleft.org replied  ·  activity timestamp 3 weeks ago

#Vizio lawyer is conflating two completely different claims: he's confusing that (a) #SFC is a third party beneficiary under the #GPLv2 itself, and (b) that #SFC accepted a new contract *that Vizio offered us* *during* the case to give us source code.

#Vizio is also arguing that we had no right to ask for source code while we were suing them. When they added an offer, which they *gave us*, we tested it.

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Bradley M. Kühn
Bradley M. Kühn
@bkuhn@fedi.copyleft.org replied  ·  activity timestamp 3 weeks ago

#SFC attorney is pointing the judge to the fact that *of course* SFC is a third party under #GPLv2 in part because the phrase "valid to all third parties" is *right there* in Section 3!

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