Could companies twist contract law to their benefit?

Posted Jan 12, 2026 14:35 UTC (Mon) by Deubeuliou (subscriber, #50509)
Parent article: SFC v. VIZIO: who can enforce the GPL?

If the judge rules that contract law allows end-users to enforce the GPL (even when no offer is made to provide the sources), could companies selling appliances get away with it by putting in their EULA language like "the Customer relinquishes its right to request the source code" ?

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Could companies twist contract law to their benefit?

Posted Jan 12, 2026 15:30 UTC (Mon) by Wol (subscriber, #4433) [Link] (1 responses)

NO. From the GPL "You are not allowed to add any further restrictions", and also the preamble about the four freedoms.

Okay, we have all this argument about whether customers are allowed to exercise the rights the GPL gives them, but it is quite clear that it is absolutely fundamental to the licence, that this is an inalienable right that the licence gives customers. I know that many copyright holders don't want to make a fuss, but this is such a clear breach of copyright, that SOMEONE is almost bound to take them to the cleaners over it. It's pretty much an indefensible violation of the GPL - so much so that some copyright holder or another is going to take a slam-dunk punt on a lawsuit - probably the SFC or the FSF at a minimum, and the Free Software world will be cheering them on.

Cheers,
Wol

Could companies twist contract law to their benefit?

Posted Jan 12, 2026 15:39 UTC (Mon) by Wol (subscriber, #4433) [Link]

Oh - I also forgot to add - I think post-hoc EULAs are pretty much illegal in Europe.

If I *buy* something, and then have to agree to stuff I wasn't expecting to, before I can use it, that falls foul of consumer protection left right and centre. The very first bit of legislation being "fit for purpose".

Cheers,
Wol