BusyBox Gets Busy with Verizon

The Software Freedom Law Center (SFLC) has announced that it has filed yet another lawsuit on behalf of its clients Erik Andersen and Rob Landley (the two principal developers of the BusyBox open source utility) alleging copyright infringement based on a violation of version 2 of the GNU General Public License (GPL). The defendant in this latest lawsuit is Verizon Communications. The lawsuit against Verizon is the fourth in a recent string of suits brough by the SFLC on behalf of Andersen and Landley. However, unlike the previous suits brought against Monsoon Multimedia, Xterasys Corporation and High-Gain Antennas, this suit is the first such suit against a major public company.

The complaint against Verizon was filed December 6, 2007 in the United States District Court for the Southern District of New York and is available online at — Erik Andersen and Rob Landley v. Verizon Communications, Inc. The complaint is similar in many respects to the complaints filed in the Monsoon Media, Xterasys and High-Gain suits, but specifically centers on Verizon’s distribution of a third party product containing the BusyBox open source software utility (as opposed to a product developed by Verizon).  In particular, the complaint against Verizon alleges that Verizon distributes the Actiontec MI424WR wireless router to customers of its “FiOS” fiber-optic Internet and television service and that the router contains the BusyBox software. Under the terms of the GPL, the complaint further alleges that Verizon is obligated to provide the source code of the BusyBox software to recipients of the Actiontec router. According to the lawsuit, Verizon continues to distribute BusyBox without source code in violation of the GPL, despite having been contacted by SFLC. The complaint likewise seeks an injunction against Verizon and requests that damages and litigation costs be awarded to the plaintiffs.

It remains to be seen if the current case against Verizon will be settled out of court (as happened in the case against Monsoon) or continue on and become the first lawsuit alleging a violation of the GPL ever to go to trial in the U.S. Regardless, this case is a highly significant indication that Andersen and Landley (and the SFLC) appear increasingly willing seek to enforce the GPL against alleged violators in court rather than pursuing out of court settlements. As I mentioned in connection with the previous BusyBox suits, now is the time to take steps to identify whether and to what extent your organization is using BusyBox and other open source software and to ensure that you are in compliance with the open source software licenses applicable to that software.