4 ms·

First Update on the Vizio Lawsuit

32 points by aendruk 5y ago

dvdhnt 5y ago
We've been looking for a new TV; won't be considering Vizio anymore. Then again, their data collection practices are expansive enough that we probably would have gone elsewhere, anyways.
- leotravis10 5y ago
  Or better yet, get a dumb TV since all "smart" TV's are basically spyware at least to me and I'm sure others feel the same.
- pabs3 5y ago
  It wouldn't surprise me if most TV vendors have similar GPL violations, best check them before purchasing one.
otterley 5y ago
While I fully support the Software Freedom Conservancy's aims, this blog post makes zero sense and misconstrues what Vizio is doing in court. Removal of a case from a State court to Federal court is a routine procedural matter. It's merely an attempt for a party to get into a court that might be more favorable to their arguments. Either party can file a removal request, and it happens all the time.
- pabs3 5y ago
  Its clear from the document Vizio submitted that the intent of Vizio is to kill the ability of third parties to sue over GPL violations by convincing the court to turn the state court breach of contract claim into a federal court copyright violation claim, which can presumably only brought by copyright holders. Thats basically what the Conservancy post means by "Vizio's belief that consumers have no third-party beneficiary rights under copyleft". The rest of the post follows directly from that.
  - otterley 5y ago
    OK, but a FRCP 12(b)(6) motion (or its CA law equivalent) to dismiss the breach of contract claim can be heard in either court, as can adjudication upon the merits of the claim itself. The change-of-venue motion is orthogonal to that.
    - pabs3 5y ago
      Hmm, the LWN comments (link in another comment) seem to indicate that contract law is a state thing and copyright law a federal thing.
      - otterley 5y ago
        They are, but Federal cases can be adjudicated in State courts (though they rarely are); and State law breach-of-contract claims can be adjudicated in Federal courts.
pabs3 5y ago
Some more comments are on the LWN post about this: https://lwn.net/Articles/877294/#Comments https://lwn.net/Articles/877294/#Comments

32 points by aendruk 5y ago

We've been looking for a new TV; won't be considering Vizio anymore. Then again, their data collection practices are expansive enough that we probably would have gone elsewhere, anyways.

leotravis10 5y ago
Or better yet, get a dumb TV since all "smart" TV's are basically spyware at least to me and I'm sure others feel the same.
pabs3 5y ago
It wouldn't surprise me if most TV vendors have similar GPL violations, best check them before purchasing one.

otterley 5y ago

While I fully support the Software Freedom Conservancy's aims, this blog post makes zero sense and misconstrues what Vizio is doing in court. Removal of a case from a State court to Federal court is a routine procedural matter. It's merely an attempt for a party to get into a court that might be more favorable to their arguments. Either party can file a removal request, and it happens all the time.

pabs3 5y ago
Its clear from the document Vizio submitted that the intent of Vizio is to kill the ability of third parties to sue over GPL violations by convincing the court to turn the state court breach of contract claim into a federal court copyright violation claim, which can presumably only brought by copyright holders. Thats basically what the Conservancy post means by "Vizio's belief that consumers have no third-party beneficiary rights under copyleft". The rest of the post follows directly from that.
- otterley 5y ago
  OK, but a FRCP 12(b)(6) motion (or its CA law equivalent) to dismiss the breach of contract claim can be heard in either court, as can adjudication upon the merits of the claim itself. The change-of-venue motion is orthogonal to that.
  - pabs3 5y ago
    Hmm, the LWN comments (link in another comment) seem to indicate that contract law is a state thing and copyright law a federal thing.
    - otterley 5y ago
      They are, but Federal cases can be adjudicated in State courts (though they rarely are); and State law breach-of-contract claims can be adjudicated in Federal courts.

pabs3 5y ago

Some more comments are on the LWN post about this: https://lwn.net/Articles/877294/#Comments https://lwn.net/Articles/877294/#Comments