[Discuss] Fwd: Hey FCC, Don't Lock Down Our Wi-Fi Routers | WIRED

[me at mattgillen.net (Matthew Gillen)]

On 10/01/2015 01:14 PM, Rich Pieri wrote:
> On 10/1/2015 12:59 PM, John Abreau wrote:
>> Are you seriously claiming that, in principle, the FCC has the
>> authority to
>> unilaterally steal Microsoft's IP by denying them the ability to sue
>> vendors who use cracked copies of Windows in regulated devices?
> 
> Of course not. I'm asserting that when the FCC say a wifi router cannot
> use certain radio frequencies and the GPL says that the FCC cannot
> enforce this regulation on hardware that ships with GPL software then
> the GPL loses.

There is no way that the GPL "loses".  The only thing that can "lose"
here is the vendor violating a license, be that a FCC-granted license or
the GPL.

The result of the situation that you describe is that no vendor can ship
products with GPL software in it.  The hardware vendors in this case are
bound to both FCC regulations and the GPL, but they are only bound to
the GPL if they include GPL software.  So if those things are
incompatible, they have two choices:
 - don't ship hardware that can radiate on the frequencies the FCC has
these restrictions on
 - don't include GPLv3 code

They would open themselves up to legal action from the FSF if they
violate the GPL, and FCC regulations are not an excuse for violating
other licenses.  (although it would be amusing to see them try)

Matt