GPL violations by wireless manufacturers

[ Please CC replies as I am not subscribed ]

I have had some luck resolving the GPL violation by wireless 
manufacturers issue. I have sent letters regarding the issue to 
Linksys, Belkin and Buffalo. This is the letter I received from 
Buffalo Technologies and below that is the letter I sent to the three 
manufacturers:

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Hi Sir,
 
We are aware of these requirements and we have the PDF document 
(attached) and a statement/notice that will be put onto the website 
within 48 hours for this product. Please let me know if you require 
further assistance or if you would like to talk further.
 
NOTICE:
This product uses software of GPL/LGPL.
You have the right to acquire source code, change it, and re-
distribute it.
The warranty on the product is only applicable if the original or an 
official Buffalo firmware is on the unit.
Please refer to GNU_LICENSE.PDF.
We don’t have any obligation to pay if a user has to pay to 
distribute or change the source code.
 
Thanks for your time.
 
Craig Reid
Technical Sales Engineer
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Dear sirs, 

Hereby I would like to inform you that the software on at least one  
of your products is offered in violation of the General Public  
License (GPL) as published by the GNU Software Foundation.  This may 
not be known to you due to inclusion of acquired or  licensed 
technology from third-party manufacturers in your  product.  

The affected product is the Buffalo (Melco) WBR-G54 Wireless  Access 
Point 

The infringement of the GPL consists of the following: 

Your product makes use of Linux kernel version 2.4.5 and  Busybox 
software, which are both licensed under GPL  terms and conditions. 
The GPL allows copying and  distribution of licensed software, 
provided that the  complete corresponding machine-readable source 
code or  a written offer to a complete machine-readable copy of the  
corresponding source code accompanies the product. As  you have 
fulfilled neither of these obligations, you are in  violation GPL 
terms and conditions.
 
Your product includes a kernel driver module that is  inserted into 
the GPL licensed Linux kernel when the  product is turned on. There 
is no possible way for the user  to prevent the insertion of this 
module into the kernel. It is  also impossible for the user to remove 
the kernel module  from the running kernel. The operation of the 
included  software on your product depends on the operation of the  
kernel module. For these reasons the kernel driver module  is not 
offered as a separate work as described in Section II  of the GPL and 
must therefore be distributed under the  terms and conditions of the 
GPL. As you have not  included the complete corresponding machine-
readable  source code or a written offer to a complete machine- 
readable copy of the corresponding source code you are  clearly in 
violation of GPL terms and conditions.
 

Because of the huge liability your company could be facing I  advise 
you to take appropriate measures to cease offering your  product in 
violation of the GPL.  

With Regards, 

Richard Ten Brink
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