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Red Hat Fights Back Patent Lawsuit With GNU GPL
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Red Hat is defending itself by alleging that Twin Peaks Software has distributed GPL licensed code in its TPS Replication Plus and TPS MyMirror products without making the corresponding source code publicly available.
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Tuesday, September 18, 2012:
Fighting a stiff battle against Linux distributor, Red Hat, Twin Peaks Software had previously dragged Red Hat to court alleging that infringed US patent number 7,418,439 in GlusterFS which the company claims to have acquired in 2011. In its defence, Red Hat has brought to light that Twin Peaks is violating the GNU General Public License (GPL) for a tool that Red Hat had acquired the copyrights.
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Twin Peaks had complained about Red Hat's patent infringement around six months ago. Now, Red Hat is defending itself by alleging that Twin Peaks has distributed GPL licensed code in its TPS Replication Plus and TPS MyMirror products without making the corresponding source code publicly available. According to Groklaw, Red Hat has said that following in reply:
“Twin Peaks’ Improper Use of Red Hat’s Source Code
49. Like Red Hat, Twin Peaks distributes software that runs on the Linux operating system. Unlike Red Hat, however, Twin Peaks distributes software only under a proprietary license that forbids copying, and does not make any of the source code for any of its products publicly available.
50. Twin Peaks sells, subject to its proprietary license, and without providing any source code, software that it calls an “innovative replication solution.” That software is branded as “TPS Replication Plus.”
51. Twin Peaks also provides a “free” version of its TPS Replication Plus software, called “TPS My Mirror.” This version is also provided only under a proprietary license, and also without any source code or copy of the GPL.
52. On its website, Twin Peaks represents that the “TPS Replication Plus” and “TPS My Mirror” software packages are covered by the same patent it accuses Red Hat of infringing in this action (the ’439 Patent).
53. Twin Peaks’ proprietary replication software products, namely, “TPS Replication Plus” and “TPS My Mirror,” include, inter alia, a program called “mount.mfs.” This program is essential to make Twin Peaks’ “replication solution” software usable.
54. On information and belief, rather than develop its own source code to create its proprietary software replication products, Twin Peaks copied substantial portions of open source code into those products, including source code originally authored by Red Hat. Among the code Twin Peaks improperly copied was that embodied in the “mount” program released in util-linux version 2.12a, which Twin Peaks copied into the source code for its own “mount.mfs” tool. Twin Peaks’ verbatim and near-verbatim copying of open source and Red Hat source code into its “mount.mfs” tool is pervasive and extensive.
55. By selling or providing “TPS Replication Plus” and “TPS My Mirror” under proprietary license agreements and not making any of their source code available to the public, Twin Peaks has failed to comply with the explicit conditions of the GPL. Twin Peaks is thus illegally free-riding off of Red Hat’s contributions to util-linux, as well as the contributions of many others in the FOSS community to that software.
56. By reproducing, copying, and distributing Red Hat’s original source code in “TPS Replication Plus” and “TPS My Mirror,” without approval or authorization by Red Hat and only subject to its own proprietary license agreement, Twin Peaks is infringing and has infringed Red Hat’s exclusive copyrights, and likewise is inducing and has induced its customers to infringe.
57. Red Hat has not licensed or otherwise authorized Twin Peaks to reproduce, copy or distribute Red Hat’s copyrighted source code or any works derived from it, except under the conditions of the GPL, which Twin Peaks has failed to satisfy.
58. Accordingly, Twin Peaks’ sale and distribution of its TPS Replication Plus and TPS My Mirror products infringe Red Hat’s copyrights, including those subject to Copyright Reg. Nos. TX 7-557-456 and TX-7-557-458. Twin Peaks’ willful infringement of Red Hat’s copyrighted software remains ongoing.”
Red Hat is demanding damages from Twin Peak in its court appeal and wants to halt distribution of the mount.mfs tool and all products that use it. Any infringement in the GPLv2 licence calls for loss of distribution rights.
Debashis Sarkar, EFYTIMES News Network
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