[Kudalufi]

I would like to find out if there is any consensus about taking the fight with Pandigital over source code to the next level and getting serious. I'm posting here in the kernel forum as I think it is mostly the people here who would have the interest, but would also be in the hot seat to drive the program.

I had some experience with this sort of thing when a piece of software I wrote was lifted, had some make-up put on it, and sold by a Chinese fly-by-night outfit. I was given some advice by the SFLC and gpl-violations.org, but they didn't have the resources to do more than that, as my software was pretty small potatoes. But I was given good advice, and even as a Canadian, I chased them off of US-hosted servers with DMCA notices. Sometimes those actually work for good. So in my case I didn't need to hire a lawyer. For something like this, though, I don't think we'll ever get through to the people at Pandigital who even know what we're talking about until it's on law office letterhead. If we can pass the hat to fund at least the initial stages, it may be something that those with deeper pockets than we have will take an interest in taking further.

What we would need:

• I don't have anything more than a few accepted patches in the Linux kernel, not enough to get feisty over. So we would have to find a copyright stakeholder willing to be the banner-holder for the project. If there is one who is part of the community, great. Even if we don't have anyone here, though, I don't think this will be too too hard. Groups like the SFLC and gpl-violations.org can help us there, and are more apt to help with this and with consulting if we do pay our own way at least for the initial stages.
  
• Volunteers from among us to organize. Especially if/when we start dealing with money, we will want to have more than one person vetting every aspect of the cash flow.
  
• do { raiseMoney(); seekPublicity(); } while (PD_Has_Capitulated() == false)

If there ends up being some consensus for this, then I'd be happy to volunteer my time and effort to help organize. I have a little experience with this. My day job is as a naval officer, though, so I can have my time go away at short notice. I'd love to know what the rest of the folks here think about this.

[jmeister234]

A lot of people here paid < $100 for their WPDN (I myself paid $79.99) so hiring a lawyer would just be "throwing more money after bad". I consider this a learning lesson - research a little and make sure that the kernel source is released BEFORE I buy the tablet.

If I paid $400 for this thing, I might be up in arms - but for most, this is at best an Android toy to surf the web on (or give up to occupy their kids).

[chambejp]

That's right. It was cheap and not really worth the effort. Once I get kexec running it will be moot anyway. These things can be woke up with a new updated kernel and some overclocking

This post has been edited by chambejp: 07 January 2012 - 06:39 PM

[Kudalufi]

You don't think there are enough people affected to make a go of it with small donations?

[Zero7]

Kudalufi, on 08 January 2012 - 12:00 AM, said:

You don't think there are enough people affected to make a go of it with small donations?

I guess, each one of us looking in to this forum and interested in getting source code / support will have to shell out several hundred $$ to hire a lawyer. I feel collecting the money and giving it for people who are developing the FW may be a better than feeding a lawyer.

[Kudalufi]

I wouldn't budget that much. I'm not talking about taking it to trial. I'm talking about taking it to the nastygram stage. Once a lawyer sends a letter, they are bound to respond in kind. And once they do, then we have the ammunition for blogging, Slashdot, etc.

[91z4me]

From my experience it will be ignored until they are served court papers at which time they might look to settle vs releasing the source, which they likely don't have since it was probably outsourced.

[bac522]

91z4me, on 08 January 2012 - 08:43 PM, said:

From my experience it will be ignored until they are served court papers at which time they might look to settle vs releasing the source, which they likely don't have since it was probably outsourced.

It's generally believed that the OS is OEM'd from a Chinese company, so good luck on getting them to follow the laws.

[Kudalufi]

bac522, on 09 January 2012 - 07:01 AM, said:

It's generally believed that the OS is OEM'd from a Chinese company, so good luck on getting them to follow the laws.

Don't need to go after the OEM. Don't need to even know or care who it is. The Chinese OEM didn't distribute it, Pandigital did. Which means we need to pressure Pandigital, and once the heat is high enough, they will go after the source. The Chinese OEM won't care about copyright law, but they will care if Pandigital doesn't pay them.

And as for needing to serve court papers, that's unlikely. FSF's statistics are 95% comply after initial nastygram letters from the lawyer.

If we can't get outside help at the outset, then fine. It doesn't mean we have to reinvent the wheel, though, to make it happen. Just follow the methods that FSF, SFLC, and GPL-Violations have been using and have determined work.

Pandigital is large, and clearly and utterly in the wrong. They haven't a legal leg to stand on. Which means if we can galvanize ourselves and get the ball rolling, it shouldn't be too hard to find a lawyer who will smell money to take the ball and run with it.

[alleyandy]

I know this is an ongoing situation with Pandigital and source code.

I'm thinking there must be at least one member who is a lawyer, paralegal, or law school student, and who would be willing to help.

Another thought is the approach being used. There's no use calling support, as they're not in a position to do anything.

The call needs to go to the Pandigital CEO's office, where it will get some attention.

At that point, armed with the facts of how they need to deliver source code, examples of other companies that were in the same situation, etc., the message needs to be, "We're hoping you'll cooperate with this request, so that we're not forced to discuss it with you in a courtroom."

As for not being able to "serve court papers" that's not accurate. Anybody can sue anybody in the U.S., and it doesn't cost much to do it yourself.

There are things that they would need to respond to, and the process is well-defined. If they don't do what they're supposed to, they'd be in default and have a judgement against them.

In reality, though, the person initiating the suit would be contacted by their lawyers, with a request to come to some form of settlement.

This does not have to be a complicated, expensive exercise. It just needs someone who has the desire, time, and energy to pursue it.

[mrsburnout]

alleyandy, on 04 December 2012 - 06:41 PM, said:

I know this is an ongoing situation with Pandigital and source code.

I'm thinking there must be at least one member who is a lawyer, paralegal, or law school student, and who would be willing to help.

Another thought is the approach being used. There's no use calling support, as they're not in a position to do anything.

The call needs to go to the Pandigital CEO's office, where it will get some attention.

At that point, armed with the facts of how they need to deliver source code, examples of other companies that were in the same situation, etc., the message needs to be, "We're hoping you'll cooperate with this request, so that we're not forced to discuss it with you in a courtroom."

As for not being able to "serve court papers" that's not accurate. Anybody can sue anybody in the U.S., and it doesn't cost much to do it yourself.

There are things that they would need to respond to, and the process is well-defined. If they don't do what they're supposed to, they'd be in default and have a judgement against them.

In reality, though, the person initiating the suit would be contacted by their lawyers, with a request to come to some form of settlement.

This does not have to be a complicated, expensive exercise. It just needs someone who has the desire, time, and energy to pursue it.

Hmmm... haven't been reading around SlateDroid in awhile now, have you?



Pandigital is bankrupt: http://www.slatedroi...post__p__449142

Good luck getting anything from them now.

Goodbye to Pandigital?

Pandigital RIP?