Current Status of Vizio Case
The case's expected trial date is in September 2025.
History of Vizio Case
On October 19, 2021, SFC filed a third-party beneficiary contract lawsuit against Vizio in California State Court in Orange County, CA. Our complaint demands no financial compensation but instead asks for what truly matters with regard to software rights and freedom: the “specific performance” (fulfilling a contract requirement in exactly the way the contract specifies) of production of complete, corresponding source code (CCS) — as defined in the various GPL Agreements (such as GPLv2 and LGPLv2.1).
Vizio has still not provided CCS for their televisions to SFC, and so our lawsuit continues. Instead, Vizio attempted to “remove” the case to federal court (arguing that copyright claims preempted our third-party beneficiary contract claim). We succeeded in our motion to remand the case back to state court; the federal judge agreed that our case included an “extra element” not covered by copyright.
After several months of litigation back in state court, Vizio filed for summary judgment in the state court again arguing copyright preemption. The state court is not bound by the federal court's ruling against preemption, so Vizio was able to essentially re-argue its motion to dismiss. (Vizio also argued that the GPL Agreements have no third-party beneficiaries — which was the first time Vizio has tried to attack these claims substantively). On 29 December 2023, the judge denied Vizio's motion for summary judgment.
Portions of Interest from the Docket in the Vizio Case
Below are documents from the docket(s) in this SFC v. Vizio case of interest, provided in (roughly) chronological order:- SFC's Original Complaint (2021-10-19)
Removal (to federal court) and Remand (to state court)
- Vizio's Motion to Remove (to federal court)
- SFC's Motion to Remand (to state court)
- Vizio's Opposition of SFC's Motion to Remand (to state court)
- Transcript of the hearing of the motion to remand
- Decision by the federal court to remand the case to state court
Vizio's Motion for Summary Judgment
- Vizio's Motion for Summary Judgment
- SFC's response to Vizio's Motion for Summary Judgment
- Vizio's reply to SFC's response to Vizio's Motion for Summary Judgment
- Full transcript from the hearing
- Judge's ruling denying Vizio's Motion for Summary Judgment
- SFC's First Amended Complaint (2024-01-10)
SFC's Motion for Summary Adjudication
- SFC's Motion for Summary Adjudication
- Vizio's response to SFC's Motion for Summary Adjudication
- SFC's reply to Vizio's response to SFC's Motion for Summary Adjudication
- Judge's ruling partially granting SFC's Motion for Summary Adjudication
Mediation attempts and procedural matters in discovery
- Linux Foundation (Vizio witness) attempt to limit SFC's questions
- Judge's rulings on Motions to Compel
- Joint Statement re deadline on Motions to Compel and in-person inspection motion
- Setting trial date per Mandatory Settlement Conference result
- Joint Statement re deadline on Motions to Compel and in-person inspection motion
- Trial date unset in order to try private mediation
- Joint stipulation delaying Status Conference on discovery motions
- Joint Statement requesting trial rescheduling and bench trial
- Judge confirming rescheduled Status Conference and hearing dates
- Status Conference result and new trial date of 2025-09-15
SFC's Second Motion for Summary Adjudication
- SFC's Second Motion for Summary Adjudication (2025-05-23)
- Statement of "undisputed material facts"
- Request for judicial notice in support of Motion for Summary Adjudication
- Appendix of exhibits
- SFC's motion to set hearing date on its Motion for Summary Adjudication
