An anonymous reader quotes a report from ZDNet: The Software Freedom Conservancy (SFC), a non-profit organization that promotes open-source software and defends the free software General Public License (GPL), recently sued major TV vendor Vizio for abusing the GPL with its Linux-based SmartCast OS. Vizio replied that the SFC had no right to ask for the source code. On May 13, however, the SFC succeeded in federal court with its motion to have its lawsuit against Vizio remanded back to Superior Court in Orange County, CA.
Doesn’t sound like that big a deal? Think again. The important part of the decision by U.S. District Court Judge Josephine L. Staton stated that SFC’s claim “that the [GPLv2] enforcement of ‘an additional contractual promise separate and distinct from any rights provided by the copyright laws’ amounts to an ‘extra element,’ and therefore, SFC’s claims are not preempted.” Karen M. Sandler, SFC’s executive