Vizio, owned by Walmart, is under court review for failing to provide complete open source code to the Software Freedom Conservancy, exposing issues in enforcing open-source obligations on smart TVs.
A Californian court has clarified that open source licenses GPLv2 and LGPLv2.1 require manufacturers to make source code available so it can be obtained and modified, including compilation and installation scripts.
Vizio, owned by Walmart since 2024, has supplied televisions with pre-installed Linux-based open source software but failed to provide complete or compilable source code to the Software Freedom Conservancy (SFC), despite requests dating back to 2018. Interim rulings in 2023 recognised that buyers of devices, like SFC, can enforce open source licenses through contract law, not only copyright claims.
The latest interim ruling confirmed that Vizio does not need to allow modified software to be reinstalled on its TVs while preserving all original functions. The requirement is limited to allowing source code use for other applications. Cryptographically locked smart TVs make it impossible for users to verify whether the provided code matches the software running on the device.
Linus Torvalds criticised both parties: “Vizio for not making the source code available, and the SFC for demanding the keys required for installation. However, the SFC did not demand that at all.” The SFC clarified: “It never claimed that open-source licenses require that software modified by the user must legally function on the device.”
The case, Software Freedom Conservancy v Vizio (Case No. 30-2021-01226723-CU-BC-CJC), demonstrates the practical and legal challenges of enforcing open-source rules on consumer electronics, where corporate business models often limit modification and redistribution of software.
The trial has been postponed indefinitely due to scheduling conflicts with another case before the same judge.
