Has BT violated the GPL?

BT is in dispute with some in the open source community over its use of GPL-licensed code in its Home Hub router.

BT was recently accused of violating the GPL through its use of open source software within the Home Hub. Under the terms of the GPL it must make this source code freely available.

After a complaint was made to GPL-violations.org, the organisation that ensures compliance with the GPL, BT uploaded several pieces of software to its website. It insisted it has fully complied but this claim is being disputed by the Free Software Foundation Europe (FSFE).

The FSFE's Freedom Task Force unit has now begun contacting the software developers who own the copyright within the Linux kernel, and other pieces of open source software such as the Samba file and print application, to tell them BT is infringing the GPL.

The GPL-violations.org team has examined the code BT uploaded, and concluded it cannot be used by developers.

Shane Coughlan, FTF co-ordinator, said: "BT has released a partial copy of the source code on a website. That's not adhering to the terms of the GNU GPL."

After uploading five pieces of software to its site on 22 January, BT later uploaded a sixth - a kernel configuration file. Despite the FTF's concerns, the telco does not seem willing to release any more code.

A BT spokesman said: "We released the kernel config file yesterday, which was a genuine oversight on our part. There is no more code to release, and hence we believe we have discharged our obligations to the GPL."

BT later reiterated its insistance that it has not broken the GPL, pointing out that the Home Hub was manufactured by telecoms manufacturer Thomson.

The BT spokesman added: "The BT Home Hub is developed by Thomson on the basis of a Linux kernel (version 2.6.8.1) which is released under the General Public Licence v.2 in connection with proprietary binary kernel module and proprietary user space application.

"The binary module is based on proprietary software of Thomson (or of its licensors) and is subject to proprietary licence terms. Thomson's use of the Linux kernel and kernel modules is in conformity with the terms of the GPL and complies with any of its obligations as a user and distributor of GPL code."

Companies that violate the GPL run the risk of being taken to court. However Coughlan emphasised that GPL-violations.org is primarily interested in ensuring everyone who uses GPL-licensed code complies with the licence, rather than wanting to extract financial compensation.

Graeme Wearden writes for ZDNet UK