Judge Hints Vizio TV Buyers May Have Rights To Source Code Licensed Under GPL

A California judge signaled support for forcing Vizio to provide the full source code for its SmartCast TV software after finding a contractual obligation under the GPL. If upheld, the case could strengthen users' rights to modify GPL-licensed software embedded in consumer electronics. The Register reports: The legal complaint from the Software Freedom Conservancy (SFC) seeks access to the SmartCast source code so that Vizio customers can make changes and improvements to the platform, something that ought to be possible for code distributed under the GPL. On Thursday, California Superior Court Judge Sandy Leal issued a tentative ruling in advance of a hearing, indicating support for part of SFC's legal challenge. The tentative ruling is not a final decision, but it signals the judge's inclination to grant the SFC's motion for summary adjudication, at least in part.

'The tentative ruling [PDF] grants SFC's motion on the issue that a direct contract was made between SFC and Vizio when SFC's systems administrator, Paul Visscher, requested the source code to a TV that SFC has purchased,' the SFC said in a blog post. 'This contract obligated Vizio to provide SFC the complete and corresponding source code.'

Karen Sandler, executive director of the SFC, told The Register in an email that the hearing went well, though Vizio's legal counsel 'stridently disagreed' with the legal analysis in the tentative ruling. 'Judge Leal said she would take the matter 'under submission' which means she will think about it further,' Sandler said. 'After the Court went off the record, Leal's clerk specifically verified the Court reporter could provide an expedited transcript, so Leal will likely review the hearing transcript soon.' Sandler expects Leal will examine the filings again before issuing her opinion, which is likely to be issued in the next few weeks.

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