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Licensing / Legal: LWN on GPL Enforcement
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SFC v. VIZIO: who can enforce the GPL?
The Software Freedom Conservancy (SFC) is suing VIZIO over smart TVs that include software licensed under the GPL and LGPL (including the Linux kernel, FFmpeg, systemd, and others). VIZIO didn't provide the source code along with the device, and on request they only provided some of it. Unlike a typical lawsuit about enforcing the GPL, the SFC isn't suing as a copyright holder; it's suing as a normal owner of the TV in question. This approach opens some important legal questions, and after years of pre-trial maneuvering (most recently resulting in a ruling related to signing keys that is the subject of a separate article), we might finally obtain some answers when the case goes to trial on January 12. As things stand, it seems likely that the judge in the case will rule that that the GPL-enforcement lawsuits can be a matter of contract law, not just copyright law, which would be a major change to how GPL enforcement works.
The primary question at the heart of the case is: who has the right to enforce the GPL? There are plenty of things that are illegal, but that nobody can (or cares to) enforce — for example, in my home state of New Hampshire, it is illegal for a restaurant to serve sugar in a container with holes wider than 3/8ths of an inch, but I would be incredibly surprised if the police actually charged someone under that law.
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GPLv2 and installation requirements
On December 24 2025, Linus Torvalds posted a strongly worded message celebrating a ruling in the ongoing GPL-compliance lawsuit filed against VIZIO by the Software Freedom Conservancy (SFC). This case and Torvalds's response have put a spotlight on an old debate over the extent to which the source-code requirements of the GNU General Public License (version 2) extend to keys and other data needed to successfully install modified software on a device. It is worth looking at whether this requirement exists, the subtleties in interpretation that cloud the issue, and the extent to which, if any, the SFC is demanding that information.
