Software Freedom Conservancy right-to-repair lawsuit against California TV manufacturer Vizio, Inc. remanded to California State Court

Court Ruling shows that the GPL agreements function both as copyright licenses and as contractual agreements, says nonprofit organization

May 16, 2022

For Immediate Release — IRVINE, CA, USA — Software Freedom Conservancy announces it has succeeded in federal court with its motion to have its lawsuit against Vizio, Inc. remanded back to Superior Court in Orange County, California. Vizio, Inc. previously filed a request to “remove” the case from California State Court into U.S. Federal Court.

The May 13 ruling by the Honorable Josephine L. Staton stated that the claim from Software Freedom Conservancy succeeded in the “extra element test” and was not preempted by copyright claims, and the court finds “that the enforcement of ‘an additional contractual promise separate and distinct from any rights provided by the copyright laws’ amounts to an ‘extra element,’ and therefore, SFC's claims are not preempted.“

“The ruling is a watershed moment in the history of copyleft licensing. This ruling shows that the GPL agreements function both as copyright licenses and as contractual agreements,” says Karen M. Sandler, executive director of Software Freedom Conservancy. Sandler noted that many in the Free and Open Source Software (FOSS) legal community argue incorrectly that the GPL and other copyleft licenses only function as copyright licenses.

The lawsuit by Software Freedom Conservancy, a nonprofit organization focused on ethical technology, was filed Oct. 19, 2021, against the TV maker Vizio, Inc. for what it calls repeated failures to fulfill even the basic requirements of the General Public License (GPL). Software Freedom Conservancy filed the lawsuit as the purchaser of a product which has copylefted code. This approach makes it the first legal case that focuses on the rights of individual consumers as third-party beneficiaries of the GPL.

The GPL is a copyleft license that ensures end users the freedom to run, study, share, and modify the software. Copyleft is a kind of software licensing that leverages the restrictions of copyright, but with the intent to promote sharing (using copyright licensing to freely use and repair software).

“Software Freedom Conservancy looks forward to our opportunity to prove, in state court, our third-party beneficiary right to the complete, corresponding source code as defined by the GPL and related agreements,” adds Sandler. “This claim is central to the right to software repair, as it allows users to exercise the right to copy, share, modify, and reinstall the software on the devices that they receive.”

About The Right-To-Repair Lawsuit

The Software Freedom Conservancy lawsuit alleges that Vizio's TV products, built on its SmartCast system, contain software that Vizio unfairly appropriated from a community of developers who intended consumers to have very specific rights to modify, improve, share, and reinstall modified versions of the software.

According to the lawsuit, a consumer of a product such as this has the right to access the source code so that it can be modified, studied, and redistributed (under the appropriate license conditions).

“We are asking the court to require Vizio to make good on its obligations under copyleft compliance requirements,” says Sandler. She explains that in past litigation, the plaintiffs have always been copyright holders of the specific GPL code. In this case, Software Freedom Conservancy hopes to demonstrate that it's not just the copyright holders, but also the receivers of the licensed code who are entitled to rights.

The lawsuit suit seeks no monetary damages, but instead seeks access to the technical information that the copyleft licenses require Vizio to provide to all customers who purchase its TVs (specifically, the plaintiff is asking for the technical information via “specific performance” rather than “damages”).

Supplemental Resources For Journalists

Media Contact

Hannah Gregory, Media Rep for Good Causes <>

Connect with Conservancy on Fediverse, X, Facebook, and YouTube.

Main Page | Contact | Sponsors | Privacy Policy | RSS Feed

Our privacy policy was last updated 22 December 2020.