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GPL violation? XYZware #4103

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magnusjjj opened this issue Aug 31, 2017 · 12 comments
Open

GPL violation? XYZware #4103

magnusjjj opened this issue Aug 31, 2017 · 12 comments

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@magnusjjj
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Hi. After poking around XYZWare, i found its slicer, and extracted it. They statically linked with perl, which is its own issue, but in it was some code that looked... rather like slic3r.

You can see it at:

https://www.diffchecker.com/Cxcyu4Tm

which is the xyzware version vs https://github.com/alexrj/Slic3r/blame/37105e8237272565b60550c41945b3c41b11a9d9/lib/Slic3r/Print/Object.pm

Its a four year old version they are using, only lightly hacked.
@lordofhyphens
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I can't say I'm surprised in the least, @alexrj needs to weigh in.

That the comments are the same too is pretty telling.

@magnusjjj
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They are also using several other open source projects, with a range from simple libraries, some gpl, lgpl, mit, to repetier where they just removed nearly all the functionality + donate button and any mention.. which is legal according to the license, but still, dick move. This is a fair bit plaincut and not so much edgecase :).

Need a dump?

@magnusjjj
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                                         User License Agreement

This user license agreement (this "Agreement") governs your use of XYZWare software ("XYZWare") and defines the relationship between you, or in the case that you represent and are using XYZWare on behalf of a company or other entity, that company or other entity ("you") and XYZprinting, Inc., a Taiwanese company ("XYZprinting").

PLEASE READ THIS AGREEMENT BEFORE PRESSING THE "AGREE" BUTTON AND CHECKING THE BOX WHERE THE OPTION IS MADE AVAILABLE TO YOU. BY PRESSING "AGREE," YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ACCEPT THIS AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS "CANCEL" AND STOP USING AND/OR DOWNLOADING XYZWare.

  1. XYZWare
    XYZWare means, collectively:
    (i) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail or web page;
    (ii) digital images, stock photographs, clip art, or other artistic work;
    (iii) related explanatory written materials and any other possible documentation related thereto;
    (iv) upgrades, modified versions, updates, additions licensed to you by XYZprinting.

  2. LICENSE
    2.1 XYZWare may be provided separately or in the form of pre-installed, embedded software on a XYZprinting product.. By downloading or using the XYZWare you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement or do not have the authority warranted above, do not download or use the XYZWare.
    2.2 Subject to the terms and conditions of this Agreement, XYZprinting grants you a nontransferable, nonexclusive, royalty-free, fully paid, revocable, worldwide license, without the right to sublicense, to permit individuals authorized by you ("Authorized User") to install, execute and display XYZWare, in executable object code format only.

  3. RESTRICTIONS
    3.1 The rights granted to you under this Agreement are subject to the following restrictions:
    (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or commercially exploit XYZWare or make XYZWare available to any third parties other than Authorized User;
    (b) you shall not modify, make derivative works of, disassemble, enhance or merge the whole or any part of XYZWare with any other software, source code or documentation;
    (c) you shall not reverse compile or reverse engineer any part of XYZWare, except and to the extent that the applicable law expressly permits doing so;
    (d) you shall not access XYZWare in order to build a similar or competitive product or service;
    (e) except as expressly stated herein, no part of XYZWare may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means;
    (f) any future release, update, or other addition to functionality of XYZWare will be subject to the terms of this Agreement, unless XYZprinting expressly states otherwise; and
    (g) you shall only use XYZWare in a manner that complies with all applicable laws in the jurisdiction where you use XYZWare, including but not limited to applicable restrictions regarding copyright and other intellectual property rights.
    3.2 Neither XYZprinting nor any of its suppliers is obligated to provide any services, updates or upgrades to XYZWare. You shall not remove, obscure or alter any copyright and other proprietary rights notices in XYZWare or any copies thereof.

  4. OWNERSHIP
    All right, title, and interest, including all intellectual property rights, in and to XYZWare shall be owned and retained by XYZprinting and its licensors. Any rights not expressly granted by XYZprinting under this Agreement are reserved, and except as expressly granted in this Agreement, XYZprinting grants no rights or licenses to you, by implication, estoppel, or otherwise in or to XYZWare. You acknowledge that you acquire no ownership interest in XYZWare by downloading or using XYZWare.

  5. Collection of Non-Personal Information
    5.1 You acknowledge and agree that XYZprinting will collect data and information in a form that does not create direct association with any specific individual by itself ("Non-Personal Information). XYZprinting may collect, use, transfer, and disclose non-personal information for any purpose.
    5.2 Non-Personal Information includes but not limited to series number of the 3D printer and the time you use XYZWare and the 3D printer.

  6. DISCLAIMER OF WARRANTIES
    6.1 You shall not use XYZWare in any situations which health or safety might be at risk. You will not use XYZWare in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, or other situations in which the failure of XYZWare could foreseeably lead to death, personal injury, or physical property.
    6.2 XYZprinting makes no representations regarding fitness of XYZWare for the design, construction of parts or components that may be subject to additional regulation in your jurisdiction, such as toys, weapons or medical devices.
    6.3 XYZWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS" BASIS, "WITH ALL FAULTS" and "AS AVAILABLE" . YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR DOWNLOAD OR USE OF XYZWARE. XYZprinting DOES NOT WARRANT OR GUARANTEE THE OUTPUT OR RESULTS OF XYZWare.
    6.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, XYZPRINTING, ITS PRESENT AND FUTURE AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OWNERS, MANAGERS AND EMPLOYEES (COLLECTIVELY "THE COMPANY," FOR THE PURPOSE OF SECTIONS 5, 6 AND 7) AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT. THE COMPANY DOES NOT GUARANTEE THAT USE OF XYZWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. THE COMPANY DISCLAIMS ALL LIABILITY FOR ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES RELATED TO YOUR DOWNLOAD OR USE OF XYZWARE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    6.5 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO XYZWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DOWNLOAD OR FIRST USE.
    6.6 NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, PROVIDED BY THE COMPANY OR IN ANY MANNER RELATED TO DOWNLOAD OR USE XYZWARE SHALL CONSTITUTE A WARRANTY.

  7. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF PROFITS, DATA OR BUSINESS, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OR HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY RELATED TO THIS AGREEMENT, THE COMPANYS' ENTIRE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO USD FIFTY ($50.00).

  8. INDEMNIFY
    8.1 You expressly agree to indemnify, defend, and hold harmless the Company from and against any and all claims, liabilities, damages, losses, attorneys fees, or expenses made against the Company by a third party arising out of or in connection with your download or use of XYZWare in violation of this Agreement or any other violation of this Agreement.
    8.2 The Company reserves the right to take on the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate fully with the Company's defense of the claim. The Company will promptly notify you of such disputes and claims in writing.
    8.3 Without the Company's prior written consent, you have no authority to admit any fault, liability, make any settlement or compromise of disputes or claims for the Company unless the settlement releases Company from all liability pertaining to such claim.

  9. NO OTHER OBLIGATIONS
    This Agreement creates no obligations on the part of XYZprinting other than as specifically set forth herein.

  10. BASIS OF BARGAIN.
    The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of this Agreement between XYZprinting and you. XYZprinting would not be able to provide the XYZWare on an economic basis without such limitations.

  11. TERM AND TERMINATION.
    11.1 This Agreement and the licenses granted hereunder are effective on the date you download or first use XYZWare and shall continue unless and until this Agreement is terminated by XYZprinting pursuant to this section. If XYZprinting terminates this Agreement, you must delete XYZWare immediately.
    11.2 XYZprinting reserves the right to terminate this Agreement at any time in XYZprinting's sole discretion, including but not limited to in the event that XYZprinting reasonably determines that you have breached this Agreement, other activities you have engaged in deemed inappropriate for download or use XYZWare, or you have engaged in illegal activities. Upon termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of XYZWare in your possession and in the possession of Authorized Users, but the terms of this Agreement which are intended to survive termination will remain in effect.

  12. Governing Law; Dispute Resolution
    Your download or use of XYZWare, including all disputes arising therefrom shall be governed by the laws of the Republic of China (Taiwan), without regard to conflict of laws principles and without regard to your actual place of residence. You agree that the exclusive jurisdiction for any claim or dispute with XYZprinting, Inc., a Taiwan company, or relating in any way to your download or use XYZWare resides in the courts of the Republic of China (Taiwan) in Taipei, Taiwan. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Republic of China (Taiwan) in Taipei, Taiwan, in connection with any such dispute and including any claim involving XYZprinting, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your download or use of XYZWare must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.

  13. GENERAL.
    13.1 This Agreement constitutes the entire and exclusive and final statement of the agreement between you and XYZprinting with respect to the subject matter hereof, superseding any prior representations, discussions, communications, advertisement, agreements or negotiations between you and XYZprinting with respect to such subject matter, if any.
    13.2 No delay or failure to exercise or enforce any legal right or remedy under this Agreement will constitute a waiver unless expressly waived by the Company in writing.
    13.3 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of XYZprinting and you as reflected in the provision, and that the other provisions of this Agreement remains in full force and effect.
    13.4 The section titles in this Agreement are for convenience only and have no contractual or legal effect.
    13.5 This Agreement shall remain in full force and effect even if you terminate your use of XYZWare.
    13.6 This Agreement will be interpreted without application of any strict construction in favor of or against you or XYZprinting.
    13.7 You agree that any notice may be provided for you by email.
    13.8 You may not assign, delegate or transfer, including by operation of law, sale of assets, merger or otherwise, this Agreement or any of your rights or obligations (in whole or in part) under this Agreement to any third party.

QUESTIONS OR ADDITIONAL INFORMATION.
If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to our Customer Service: support@xyzprinting.com.

@lordofhyphens
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Well anything that is MIT/BSD is legit to do what they want. But GPLv3 (which is what Slic3r is under) requires that source modifications (which hey, they made) are available.

@bubnikv
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bubnikv commented Aug 31, 2017 via email

@lordofhyphens
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@magnusjjj is that the old open-licensed repetier they jacked or the newer closed source repetier?

@magnusjjj
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@lordofhyphens : What licenses has the project had? I linked the revison for that one file that is the closest I could find energy for that day. Wouldn't know any closer to that.

@magnusjjj
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The revision itself is something like 4 years old.

@lordofhyphens
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lordofhyphens commented Sep 3, 2017 via email

@magnusjjj
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For that, I have zero clue. The folks over at RepetierHost seemed to think it was fine (I opened a ticket there, but they have the apache license). I have just been decompiling it half arsedly, trying to decipher things like how the firmware is uploaded and some drm checks. That, however, does not translate well to comparing with a git repo :).

@bubnikv
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bubnikv commented Oct 14, 2017

I have reported the GPL violation of Slic3r by XYZprinting to the free software foundation and I have asked them to take a legal action.
license-violation@gpl-violations.org

@alranel
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alranel commented Jan 4, 2018

Relevant: https://www.cc.gatech.edu/~rduan9/publications/osspolice.pdf

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@lordofhyphens @magnusjjj @alranel @bubnikv