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An ongoing 3D-printer AGPL violation

By Jake Edge
August 26, 2026

FOSSY

At FOSSY 2026, several people from the Software Freedom Conservancy (SFC), which organizes the conference, gave a presentation about an ongoing violation of the Affero General Public License version 3 (AGPLv3). Bradley Kühn, Karen Sandler, and Denver Gingerich spoke about different aspects of the violation, which is in regard to 3D-printer software from Bambu Lab, and what is being done to try to provide users with alternatives. One aspect that is particularly interesting is that the circumvention that the company is employing is precisely what the AGPL was written to prevent.

[Kühn, Sandler, & Gingerich]

Kühn began the session by noting that he has been an activist in the free and open-source software (FOSS) communities for over 30 years and that "this moment in history [...] has more activism opportunities than I have seen in my career". In the past, he and his colleagues have been triaging disasters of various sorts but over the past six to eight months they have been triaging opportunities instead. Sandler added that the opportunities being offered are difficult; "it's not like people are saying 'would you like this money or that money?'".

The opportunities he is describing are not really about money, Kühn said, but provide ways "for activists to get stuff done and to engage people". Over the past six months or so, SFC has successfully engaged with "an entire community of enthusiasts", which only had a passing familiarity with FOSS, on a multitude of freedom-centric topics: "free software, free culture, free creation". That is exciting, but he was getting ahead of himself because that is where the story ends, so he wanted to go back to the beginning.

Backstory

Some time ago, 3D printing was invented, which is something that he watched from afar; a breadboard fire when he was an undergraduate convinced him that he should be a software-only person. He is a fan of the 3D-printing culture, and enjoys the talks that come from it, but he does not participate. As part of the license-violation investigation, he and Gingerich did a crash course in the history of 3D-printing, though Gingerich already had much of the background.

[Bradley Kühn]

Kühn related some of what he learned, including that the hobbyist 3D-printing field started out as a curiosity. People who wanted a 3D printer had to build one themselves, since there were no already assembled devices on the market. Some of those who built the early printers went on to found companies that now sell 3D printers, which is a key element in the development of the community. Like Linux, 3D printers started as a hobby and remained "a hobby for a long-enough period of time that the hobby culture could not be immediately eradicated by venture capitalists".

The "wonderful thing" about 3D printing is that the people developing the software needed to run the devices looked to the free-software community and "thought twice" before they started picking licenses for their code. An important piece of the tooling needed to use these devices is a program known as a "slicer", which turns a 3D model—some slicers also help build these models—into thin 2D slices that can be converted into the language that the printer hardware understands. He likens that language to assembly language, which is an oversimplification, but helps provide a conceptual framework for him.

A longtime free-software enthusiast, Alessandro Ranellucci, created a slicer, which he called "Slic3r". Kühn said that his only criticism of Ranellucci was his choice of the name, which makes it hard to distinguish between the program and the overall type of program in a talk, so Kühn used "slicer with three" to distinguish them. The two spoke over a video chat and Ranellucci said that he chose the AGPLv3 for Slic3r to try to avoid the mess with Bambu Lab: "I anticipated all this, because my biggest worry was that someone was going to do 'Slic3r as a service'".

While there are 3D printers that use other slicers, it is difficult to find one that is not best used with some fork of Slic3r, Kühn said. There are around 18 active forks, but the most well-known is PrusaSlicer. It came about because a friend of Ranellucci's, Josef Prusa, saw 3D printing as not only just a business opportunity, but "a free-software business opportunity". Prusa built a company based on providing customers with printer plans, free software, free firmware, and so on, Kühn said; that company was the dominant player in the market for a time.

At the same time, a parallel market in 3D printers for manufacturing was developing. These were printers that took up a whole room and cost hundreds of thousands of dollars. Meanwhile, though, the hobbyist printers that cost $500-3000 were "becoming really, really, really good", especially toward the top end of that range.

Enter Bambu

That was the state of the market in 2019 and pre-COVID 2020. During COVID, lots of people picked up hobbies, including 3D printing; that attracted a Chinese company, Bambu Lab, to the market. Kühn said that the company is rumored to have ties to the Chinese government, though that has not been confirmed. It decided to start from scratch and make 3D printers; by 2025, the company controlled 38-48% (depending on the analyst report) of the market for $500-3000 printers. In part, that is because the market for room-sized industrial printers is dying and that customers have realized that they can be replaced with fleets of much cheaper, better, and more reliable printers from companies like Bambu Lab; the company has been targeting that market, along with the hobbyist market, thus its success.

Bambu Lab needed a slicer, of course, so it started shipping a modified PrusaSlicer (as Bambu Studio), which it was able to get via the AGPLv3, but without shipping any source code or an offer to provide it. That continued up through 2022 or 2023, Kühn said, until the pressure from the 3D-printing community effectively forced Bambu Lab to make a source release, which was, as is almost always the case for a first release, not the actual corresponding source code.

"You've got to be amused by the ingenuity of copyleft violators", Kühn said; they often rely on mechanisms that an actual judge is not going to care about. In this case, Bambu Studio would pop up a request to download "a little more stuff" with the classic choices of "Yes" or "Ask me later"; users eventually figure out that some functionality in the slicer does not work until they click "Yes". The extras that are downloaded are two .so files built from C++ source. Those shared-library files are dynamically loaded into the slicer—as can plainly be seen from the dlopen() calls in the source code that was released.

Kühn said that Bambu Studio and all of its components would be considered a combined work under the regular GPLv3, but the company has a network-based component that runs up against the restrictions in the AGPLv3 as well. The dynamically loaded part of the slicer is a thin layer that calls out over the network to an extensive 3D application running on Bambu Lab servers; it passes a "key", which is just a specific User-Agent string, that allows access to the extra functionality on the servers. The company claims that the User-Agent, which is the same for all of the clients, is a DMCA anti-circumvention mechanism.

But, he said, that is exactly what the AGPLv3 is meant to prevent: "You can't put part of your Affero-GPLed application on your web server and keep it proprietary". A 3D-printing user from Poland, Paweł Jarczak, reverse-engineered the User-Agent string and network code, which resulted in a DMCA takedown notice from Bambu Lab. "GitHub, of course, honored it, because Microsoft." Jarczak is still maintaining the code in his slicer (OrcaSlicer), which is being mirrored on an SFC repository as part of its baltobu project that is aimed at working around the Bambu Lab AGPLv3 violations.

[Denver Gingerich]

Gingerich noted that Bambu Lab is not only violating AGPLv3, but is also violating GPLv2 by not providing the source for a Buildroot-based Linux (and other copyleft components) used in the firmware of some 3D-printer models. He downloaded the 300MB firmware image from the Bambu Lab web site, but was unable to find the source or an offer to provide it.

He said that Bambu Lab comes from a silicon-valley-inspired culture that is being built in China, which includes large venture-capital-like investments into companies. Bambu Lab has deep pockets, which allowed it to leapfrog its competitors in various ways, market its products extensively through social media and the like, and to exert control over the message about its products on forums like Reddit. The company took some of the same shortcuts that silicon-valley companies have taken by "violating copyleft licenses on the way".

Gingerich thinks this situation provides "a very good opportunity" to "take back the control that we are owed by the licenses that they chose to use". Bambu Lab could have spent its investment on "reimplementing things from scratch", but it chose not to; there is a large body of high quality free and open-source software available that "takes a long time to replicate".

Bambu Lab has effectively taken the common "then, sue us" approach to these violations, which is certainly an option, Gingerich said. But various ways to remedy these kinds of problems have different timelines; getting the community involved in reverse-engineering and replacing the proprietary pieces will likely take a lot less time than a lawsuit. Kühn noted that companies in violation never actually say "sue us", instead they just stop responding.

Participation

[Karen Sandler]

Sandler said that one of the reasons these violations are so interesting is that they have brought more new people into the FOSS community than any other matter that SFC has worked on over the years. People who had never really heard of copyleft or FOSS are excited about it; now they "realize that these licenses grant rights and that we can do something with it". Normally, when the SFC is talking about these kinds of issues, she said, it is talking to the people in the room, or those who will view the recorded video of the session, which is "a narrow set of people and we struggle to explain what the potential is". But the 3D-printing community has really taken the ball and run with it; "multiple YouTubers were putting out deep explanations" and commenters at Reddit and elsewhere were "getting so excited and saying 'wow, this is what these licenses mean, we should use them more!'".

That left more than ten minutes for audience questions, the first of which was "what would make Bambu follow the AGPL?" Gingerich said that there are variety of approaches, including lawsuits like the SFC's versus Vizio (now owned by Walmart); since copyleft licenses are also contracts, that lawsuit is based on contract law. There is a contract between Vizio/Walmart and the software developers who created the GPLv2 and LGPLv2.1 code that was used in televisions; the SFC (and anyone who buys a Vizio TV) are "third-party beneficiaries" of that contract and the SFC is suing to get the rights that are required by it.

Enforcing contracts in this way is standard practice, Kühn said, but has not been used for the GPL family of contracts as far as they know. The more traditional route to enforcement is to sue as a copyright holder in the code, which is what the SFC has done in the past. There are other mechanisms, including using various trade agreements with their "intellectual property" clauses as a tool. While intellectual-property rules may be distasteful, that is in keeping with the original intent of copyleft: "to take any rule like that, flip it around, and use it to defend software freedom".

In conjunction with its work on 3D printing, the SFC ran a fundraiser that ended up far exceeding the lofty goal of $250,000 that was set, Kühn said; it was "a target that we thought we probably would never make". Sandler said: "we picked a number that we thought we could actually accomplish something significant with it", even though there was a good chance that it would not be reached. "We blew past it and most of our donations were teeny tiny donations", which was exciting. Kühn noted that the SFC is now able to hire a full-time litigation attorney; he encouraged attendees to ensure that the word got out.

Many people think that a GPL license is "magic pixie dust", Sandler said; by choosing the license, it will make people follow it and the problem is solved. That is obviously not the case, which was evident from the emphatic head shakes from attendees. "If nobody holds anybody's feet to the fire, if nobody says 'wait a minute, you're not actually doing this', no one ever will do it."

There are multiple ways to pursue enforcement, which requires some creativity, she said. The SFC is trying to "demonstrate the different ways that you can go about getting companies to do the right thing". She advocates that everyone ask for the complete and corresponding source code for all of the devices they purchase; it will demonstrate that there is consumer demand for those rights. An unhappy YouTube video or thread on Reddit if the source code is not released is also a form of enforcement, she said.

Another question was about whether litigation was an effective tool for enforcement. Gingerich noted that a source release from an enforcement action against Linksys was the first commit for the OpenWrt project. It leads to projects that "help us take control of our devices so they do what we want, and not what the companies that sell them want".

In addition, the house lawyers for companies regularly thank Sandler for lawsuits because it makes their jobs a lot easier, she said. If there are no consequences for violating the license, company lawyers have a hard time ensuring compliance. The business side of the company wants to know what the costs are for violating the license, "without lawsuits, there is no answer to that".

The final question was about fixing the root cause of license violations, which can be interpreted in lots of different ways. Kühn said that fixing societal corruption worldwide was a tall order; the same goes for fixing capitalism, Sandler added. The underlying problem is one of power imbalance, Gingerich said, which is something that FOSS and the larger right-to-repair movements are working against. Sandler closed by saying that the goal of these movements is to attack the root cause by bringing about a better world, with improvements in products, technology, and legislation; that requires getting actively involved and helping non-technical people to become invested in these issues as well. That seems like a rather tall order as well, of course.

[I would like to thank the Linux Foundation, LWN's travel sponsor, for its assistance with my trip to Vancouver for FOSSY.]

Index entries for this article
ConferenceFree and Open Source Software Yearly/2026


to post comments

Indeed SFC is hiring a full-time litigation attorney!

Posted Aug 26, 2026 20:07 UTC (Wed) by bkuhn (subscriber, #58642) [Link]

Kühn noted that the SFC is now able to hire a full-time litigation attorney; he encouraged attendees to ensure that the word got out.

Yes, yes, please do this, everyone. SFC is accepting applications on a rolling-basis until the best candidate is found.

I realize there probably aren't many litigation attorneys who read LWN comments, but there surely are a lot of people who will read this that have worked with outside counsel or even in-house counsel that were very knowledgeable about FOSS.

Note too what it says at the end of the job posting; namely, SFC is very open to candidates who either have substantial experience with FOSS licensing but are not yet litigators or are experienced activist litigators who have not learned about FOSS yet.

I don’t believe the lawyers said that

Posted Aug 27, 2026 2:25 UTC (Thu) by ptime (subscriber, #168171) [Link] (7 responses)

Without lawsuits I think the answer to “what is the cost” is zero.

I don’t believe the lawyers said that

Posted Aug 27, 2026 9:53 UTC (Thu) by randomguy3 (subscriber, #71063) [Link]

Companies also care about reputational costs, if they think it might affect their bottom line. Of course, whether those are significant enough in the case of free software licensing largely depends on the nature of their customer base. It sounds like the SFC are seeing positive engagement from Bambu Lab's customers, which means this *may* end up being significant.

Yes, in-house counsel tell us that all the time

Posted Aug 27, 2026 13:03 UTC (Thu) by bkuhn (subscriber, #58642) [Link] (5 responses)

ptime's subject line read:

I don’t believe the lawyers said that

I am confused by this subject line of your comment. Is it regarding Karen's comment on the panel:

the house lawyers for companies regularly thank Sandler for lawsuits because it makes their jobs a lot easier, she said.

If so, I can confirm that they do tell us that all the time in confidence. I can think of five different in-house counsel who have said that to me in the last three years (specifically regarding the Vizio lawsuit). Karen probably hears it more because she's a lawyer herself and talks to more lawyers in the community than I do.

I am guessing maybe you're saying that because you're surprised that lawyers who work for BigTechCorp actually would say that out loud to anyone — especially to a potential Plaintiff against their own company? If that's what you're thinking, the part you probably don't know is that the job satisfaction for lawyers who work inside companies (as opposed to outside law firm counsel) is quite low. Non-litigation lawyers are trained to be incredibly risk-adverse, and ultimately corporate decision makers will often treat the in-house counsel merely as risk odds-makers, asking questions like: “What are the chances we'll get sued if we cut corners by doing Foo?” Funny part is, high-ranking executives at for-profit companies always think they can “beat the odds” anyway, so these in-house attorneys are constantly giving advice that gets ignored.

ptime wrote further:

Without lawsuits I think the answer to “what is the cost” is zero.

I agree with this. While — for decades — pro-copyleft activists (including myself!) were under the mistaken impression that this was just an “education issue” and that once everyone learned the rules, they'd do the right thing … because people are inherently good, or? 🤔

I've become more of a cynic than I once was because it's clear to me that BigTech carefully listened to all the education efforts that I and others did, and used them to build knowledge bases of how to get away with ignoring copyleft requirements. We will have to litigate ourselves out of this problem now.

Yes, in-house counsel tell us that all the time

Posted Aug 27, 2026 13:09 UTC (Thu) by ptime (subscriber, #168171) [Link] (1 responses)

They told ME in confidence that they didn’t tell you guys that.

Yes, in-house counsel tell us that all the time

Posted Aug 27, 2026 23:04 UTC (Thu) by bkuhn (subscriber, #58642) [Link]

They told ME in confidence that they didn’t tell you guys that.

I get it, uncorroborated sources and all. I guess you just have to decide if both Karen and I are in a multi-decade conspiracy to lie to the FOSS public or not? Up to you, of course. 🤣

Yes, in-house counsel tell us that all the time

Posted Aug 27, 2026 13:57 UTC (Thu) by paulj (subscriber, #341) [Link] (1 responses)

> I've become more of a cynic than I once was because it's clear to me that BigTech carefully listened to all the education efforts that I and others did, and used them to build knowledge bases of how to get away with ignoring copyleft requirements. We will have to litigate ourselves out of this problem now.

Hmmm... I may have tangentially and in a very small way, interacted with you on this topic or on matters that informed you on this topic somewhere in the past, so I'm glad to read of this evolution in your outlook.

Yes, in-house counsel tell us that all the time

Posted Aug 27, 2026 23:02 UTC (Thu) by bkuhn (subscriber, #58642) [Link]

Hmmm... I may have tangentially and in a very small way, interacted with you on this topic or on matters that informed you on this topic somewhere in the past, so I'm glad to read of this evolution in your outlook.

Thanks for that, but now I am wondering which Paul that I know you are. (I think I know like ten Pauls in FOSS, some of whom I don't know their surname off hand). DM me on fediverse sometime if you do the fediverse!

Yes, in-house counsel tell us that all the time

Posted Aug 27, 2026 21:31 UTC (Thu) by marcH (subscriber, #57642) [Link]

> for decades — pro-copyleft activists (including myself!) were under the mistaken impression that this was just an “education issue” and that once everyone learned the rules, they'd do the right thing … because people are inherently good, or? 🤔
>
> I've become more of a cynic than I once was because ...

Yes, people are _statistically_ good; otherwise civilization would not exist.

HOWEVER, billionaires, CEOs and other leaders are a minuscule minority; so there is a ferocious selection process!

Also, humans are statistically good but... extremely bad with statistics :-) For instance: we keep believing that "random"(not) things we see on the internet are representative and mean something. When we pause and think, then we know they are not and do not. But we don't think and we keep believing that they are, again and again. We can never see the forest for the trees.

The human species simply had not enough time to evolve past the tribal stage when none of these issues existed thanks to a ridiculously small degree of separation.

tl;dr: be cynical with CEOs, spammers, AIs,... But not with actually random people. Which we unfortunately stopped meeting now that BigTech captured all our time :-)

Border Enforcement

Posted Aug 27, 2026 10:51 UTC (Thu) by davecb (subscriber, #1574) [Link] (6 responses)

Canada does, and the US apparently does stop pirated copyright goods at the border if the copyright owner has filed a Request for Assistance (RFA) with them. See https://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-4-...

This has been tested in copyright-and-theft cases by the Supreme Court, in an action against Google https://www.canlii.org/en/ca/scc/doc/2017/2017scc34/2017s...

Border Enforcement

Posted Aug 27, 2026 13:08 UTC (Thu) by bkuhn (subscriber, #58642) [Link] (5 responses)

Indeed. For a decade, I've been building a mental model taxonomy of all the options for border-based copyleft enforcement, and there are many options. However, most of the processes are weirdly more expensive than standard litigation.

The key advantage of at-the-border enforcement is that it can yield very quick injunctions on import. But the main reason that I¹ haven't prioritized this form in my work (as opposed to strategies like third-party beneficiary claims) is that I have become disillusioned with copyleft enforcement mechanisms that yield only injunction and have no path to require the specific performance of license compliance.

¹ Speaking just for myself, as I always am in LWN comments. I am not here to speak for my employer officially.

Border Enforcement

Posted Aug 27, 2026 18:00 UTC (Thu) by josh (subscriber, #17465) [Link] (3 responses)

Presumably injunction would be a tool for enforcement: with the injunction in place, a company would be more inclined to fix the problem because otherwise they lose access to an entire lucrative market.

Border Enforcement

Posted Aug 27, 2026 20:16 UTC (Thu) by rgmoore (✭ supporter ✭, #75) [Link] (2 responses)

This sounds exactly right to me. The point is that the injunction hits them in the wallet, which is what gets the most attention. Being unable to import their device until they cure their license violation gives them a very strong incentive to comply.

The worry to me is that the way things are done in the 3D printing world might make this legally questionable. The key is that the slicer is usually run on the same PC that does the 3D modeling, not on the wimpy little processor that controls the printer. Bambu Labs could plausibly claim that any violations are in their separate software package, not in the 3D printer itself, and thus importation of the printer shouldn't be enjoined. I guess it's not the end of the world- the most you could lose would be the time and effort of filing for the injunction- but it is a potential snag in this specific case.

Border Enforcement

Posted Aug 27, 2026 23:21 UTC (Thu) by bkuhn (subscriber, #58642) [Link] (1 responses)

Re: injuctions as a financial lever.

If you're ever bored, read through the filings of SFC's successful permanent injunction against Westinghouse in the so-called “BusyBox case” regarding Westinghouse's copyleft violations on televisions. The individual who ran the company was successful in using a California-based alternative to full-on bankruptcy that allowed the following:

  • Copyleft-violating Company A (using Westinghouse trademark via licensing agreement and Defendant vs. SFC and Erik Anderson) dissolves on a Friday afternoon in California.
  • Company A' incorporates that same Friday. CEO is the brother of the CEO of Company A.
  • Company A' on the following Monday files as a trusted receivership of all liabilities and assets of Company A. It is rubber-stamped.
  • Company A' CEO in short order (IIRC, same week) hires Company A CEO as a mundane employee.
  • Company A files with the SDNY Federal district court that it is insolvent, will not ship new product, and therefore complies with the injunction.
  • Company A law firm (L) files a motion in SDNY that Company A cannot pay their bills and asks the SDNY judge to relieve them as counsel. Motion is granted.
  • Company A' begins within weeks to:
    • receive a trademark license from Westinghouse for TVs.
    • produce a new model of TV.
  • Law Firm L emails SFC to tell us they “are representing a new company and would love to work with us on compliance”. Discussions go nowhere.
  • SFC files a motion with the SDNY to demand that the Court consider Company A' a successor in interest and bound by the injunction.
  • The 🤬'ing MPEG-LA joins SFC in its motion to the SDNY asking that Company A' be liable for patent licensing fees owed to MPEG-LA by Company A.
  • SDNY rules that they aren't going to intervene with and/or interpret California state corporate law, and dismisses the motions.

If you didn't know why I don't focus my work on injunction-based enforcement mechanisms anymore, now you know.

Border Enforcement

Posted Sep 1, 2026 17:22 UTC (Tue) by NYKevin (subscriber, #129325) [Link]

> SDNY rules that they aren't going to intervene with and/or interpret California state corporate law, and dismisses the motions.

Ouch. That sounds like "Go refile the case in some CA district court and start all over."

I would've thought there would be more serious consequences for this kind of chicanery. It reminds me of what Prenda Law was doing, and those guys all went to prison (eventually).

Border Enforcement

Posted Sep 3, 2026 15:09 UTC (Thu) by JanC_ (subscriber, #34940) [Link]

I think (maybe depending on the jurisdiction?) one snag with asking customs to seize “counterfeit devices” at the border is also that you have to (pay someone to) pick them up and/or pay for their disposal/destruction?

Dictatorships

Posted Aug 27, 2026 21:49 UTC (Thu) by marcH (subscriber, #57642) [Link]

> Kühn said that the company is rumored to have ties to the Chinese government, though that has not been confirmed.

BTW that question is somewhat moot in any dictatorship. By mere definition of the word, if a dictatorship really wants to dictate a company to do something, then they go and do it (or shut the business down). I guess what hasn't been confirmed is whether the Chinese government had any interest in Bambu Lab YET. But considering the massive footprint of that business...

Potentially very interesting interactions with the AGPL there!

> He said that Bambu Lab comes from a silicon-valley-inspired culture that is being built in China, which includes large venture-capital-like investments into companies.

Another cultural difference that seems often missed: "Intellectual property" is very much a western invention.

> "You've got to be amused by the ingenuity of copyleft violators",

From what I've read and seen, whereas engineers work for lawyers in the US (exaggeration to get the point across), it's a bit more the other way round in China. One can easily imagine a world where Bambu Lab management tells its poorly considered, internal lawyers (poorly compared to western lawyers) "please just make that problem go away".

In fact, Bradley just wrote in https://lwn.net/Articles/1090829/ that similar things happen even in the US! So, imagine the same situation in a culture where intellectual property and lawyers have much less clout. Hanlon's razor etc.

Bamboo spotted

Posted Aug 28, 2026 6:41 UTC (Fri) by acolin (subscriber, #61859) [Link] (1 responses)

We have a couple of Bamboo printers at work, the second unit of which purchased very recently. We do have a couple of other brands, too. I'll mention to our dear printer keepers that Bamboo deserves a second thought, when they set out to purchase yet another unit. Thanks for bringing this issue up.

Bamboo spotted

Posted Aug 28, 2026 7:47 UTC (Fri) by chris_se (subscriber, #99706) [Link]

It's not just the AGPL violation itself though. This is all part of a process of them trying to establish a vendor lock-in for their users:

https://www.3dnatives.com/en/bambu-lab-at-the-heart-of-a-...
(That was January 2025, it's gotten worse since.)

A friend of mine has a Bambu printer they bought before this controversy blew up, and he said he's never connecting that thing to any network with internet access, and that he's never upgrading the firmware. And that in the future he'll most likely not buy another Bambu printer.

It's a shame really, because before this whole controversy a _LOT_ people in my orbit were actually recommending them due to their build quality and how easy they were to set up. And now nobody I know personally is still recommending them, precisely because of their shenanigans.

Looking Forward to It

Posted Aug 28, 2026 10:12 UTC (Fri) by muase (subscriber, #178466) [Link] (9 responses)

I have to admit I’m quite curious about the outcome. Up until now, AFAIK it is highly disputed if dynamic linking – especially via dlopen – really is a legally enforceable license violation or not.

For example, how would it legally differ from a bundled CLI that is executed and communicates via stdin/stdout? I mean, I know the in-memory/process-space argument; but e.g. according to our company lawyer, this is a technical detail that doesn’t really translate into different legal concepts – she would be really surprised if courts would be willing to see a difference here (at least in Germany/EU, because that’s her area of expertise).
Bundling is a different concern, but given that the plugin can be fetched and is also used independently of BambuSlicer (see Orca Slicer for example), it is at least debatable if that is legally relevant.

And personally I’m a bit torn here… On one side I really hope they see it through, and be it just out of curiosity; but on the other side it also is a huge risk – there is a not so small chance that courts will just rule that this is not enforceable, which then also would most-likely degrade everything GPL and stuff too.

There is a reason why there is basically no legal precedence for this, even if there would have been plenty of opportunities (see for example the entire Linux+ZFS-debate around Ubuntu); and this wouldn’t be the first time the SFC just fails embarrassingly at court…

Looking Forward to It

Posted Aug 28, 2026 11:11 UTC (Fri) by paulj (subscriber, #341) [Link] (6 responses)

> For example, how would it legally differ from a bundled CLI that is executed and communicates via stdin/stdout? I mean, I know the in-memory/process-space argument; but e.g. according to our company lawyer, this is a technical detail that doesn’t really translate into different legal concepts – she would be really surprised if courts would be willing to see a difference here (at least in Germany/EU, because that’s her area of expertise).

My experience with counsel at a large corp ages ago is similar. We got advice on whether it would be permissible to integrate some piece of code under one licence with other parts of the system under another licence, if the 'bridge' between that piece of the code and the other parts of the system were via some described protocol over a socket. The advice was that if the other parts of the system depended on that piece of code, then it would raise licensing issues - the counsel was explicit that the technicalities of the integration, be it a C API and static or dynamic linking, or a protocol over a socket, were not really significant to their advice.

Looking Forward to It

Posted Aug 28, 2026 12:57 UTC (Fri) by bkuhn (subscriber, #58642) [Link] (5 responses)

paulj wrote:

My experience with counsel at a large corp ages ago is similar.

In part because they are so often ignored my management, BigCorp lawyers work really hard to find specious legal reasons to get to conclusions that their management want to hear. To quote the Big Lebowski: “that's just, like, their opinion, man”. As is what I wrote below just, like, my opinion, man — and IANAL and TINLA:

I've never seen anyone publish a detailed outcome of any of the legal tests for questions of combined/derivative works in the USA (such as the AFC test) on a dynamic linking situation done any GPLv2-or-later work. Have any of you?

Also, note the text in AGPLv3/GPLv3 is drafted in a materially different fashion on this specific point. While GPLv2 talks about “work based on the Program”, and then defines that (in part) as a derivative work, AGPLv3 says:

To "modify" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a "modified version" of the earlier work or a work "based on" the earlier work.

Thus, AGPLv3 doesn't hang the question of whether or not the entire work is a derivative work of Prusa Slicer, but rather on whether or not they “copy from or adapted … part of the work in a fashion requiring copyright permission”.

Bambu Lab clearly didn't just make an exact copy of PrusaSlicer, and they definitely adapted it to combine with their no-source-available .so files. No need for an AFC test on derivative works; it's q.e.d.

But, ultimately, what I, or paulj, or muase, or some BigCorp lawyers think about this doesn't move the question further. We don't know what a Court will decide and this question (if it ever gets there) will be a question of law for the Court to decide. The folks involved will make our best arguments and hope the Court agrees with us.

Looking Forward to It

Posted Aug 28, 2026 13:11 UTC (Fri) by paulj (subscriber, #341) [Link] (4 responses)

> We don't know what a Court will decide and this question (if it ever gets there) will be a question of law for the Court to decide.

Indeed. There's just not much authoritative decisions in this space, right?

Also, specifically on:

" the counsel was explicit that the technicalities of the integration, be it a C API and static or dynamic linking, or a protocol over a socket, were not really significant to their advice."

What do you make of that? In technical forums, programmers discussing licensing issues often put a lot of emphasis on the technical details of how one work uses or depends on another. I thought that was important too, and was surprised a bit by that lawyer's advice not really caring much about the fine technical details. Would you have a view on that yourself? (outside of licences that explicitly limit their scope to some specified technical boundary).

Looking Forward to It

Posted Aug 28, 2026 13:55 UTC (Fri) by marcH (subscriber, #57642) [Link] (1 responses)

> What do you make of that? In technical forums, programmers discussing licensing issues often put a lot of emphasis on the technical details of how one work uses or depends on another. I thought that was important too, and was surprised a bit by that lawyer's advice not really caring much about the fine technical details.

I never understood why copyright, "derived work" etc. should depend on such technical details. Compared to linking, a socket-based communication is just serializing data, that's just an obscure implementation detail. It says nothing about how much "intellectual property" and creative work gets imported in the project. While it's not the most common, you can have a much more intricate coupling and stronger dependency with a socket than with a library. So the interaction details do not say anything.

Copyright is not an exact science at all. It's fuzzy by design. That does not make it completely useless: if you copy something 80% verbatim then the violation is obvious.

Looking Forward to It

Posted Aug 28, 2026 14:57 UTC (Fri) by farnz (subscriber, #17727) [Link]

I think it comes from us engineers preferring a world with clear-cut lines set by technical means, rather than fuzzy rules that care about some quite complex legal concepts (but completely ignore the technical concepts).

Add in the work imposed on you by being involved in a copyright case (not thinking about financial costs here, just the workload it adds as you talk with lawyers about what needs to be proven, what has to be disclosed/in discovery/whatever your local terms are), and it's not surprising that we want something clear and technical that we can point to and say "because of that barrier, it can't be copyright infringement".

And, of course, there's a huge incentive to be allowed to copy something otherwise than in accordance with its licence, so there's always going to be people who want to say "this barrier means that there's no infringement, therefore I can do the thing I want to do" (e.g. sell a proprietary GCC frontend for a new language with a binary-only GCC build), even though there's no legal backing for that position.

Looking Forward to It

Posted Aug 28, 2026 17:19 UTC (Fri) by rgmoore (✭ supporter ✭, #75) [Link]

What do you make of that?

This makes sense with what I've seen about the law. A lot of smart people who are unfamiliar with the law think they're the first ones to try looking for loopholes, or at least that because their loophole is new and original the law will have to let them get away with it because it isn't specifically written into the rules. In reality, lawyers are very familiar with this approach, and our whole society would break if the legal system weren't capable of dealing with it. Part of the way they deal with it is exactly the kind of "details are unimportant, only the effects" approach you're describing.

Programmers mostly do not understand law

Posted Sep 1, 2026 17:52 UTC (Tue) by NYKevin (subscriber, #129325) [Link]

> What do you make of that? In technical forums, programmers discussing licensing issues often put a lot of emphasis on the technical details of how one work uses or depends on another. I thought that was important too, and was surprised a bit by that lawyer's advice not really caring much about the fine technical details. Would you have a view on that yourself? (outside of licences that explicitly limit their scope to some specified technical boundary).

In my experience, most people talking about copyright law make absolutely no effort to find out what the law actually says. They blindly assume that the law works the way they intuitively think it ought to work, and then derive whatever conclusions they want to derive based on that assumption. This is not specific to programmers - I have seen the same behavior with artists and other creative types, especially when talking about generative AI.

In the case of programmers, there's a tendency to assume that law is like code. It runs on formal logic, everything is a bright-line rule, nothing is ever subjective, etc., and therefore you can "just" code your way around the law whenever it poses an inconvenience (in the same way as you can "just" code around an inconvenient API or whatever). This is not how the law actually works, so much programmer discourse about the law is hopelessly misguided or outright wrong. I say this as a programmer myself.

See also (much more succinctly): https://xkcd.com/1494/

In the specific context of (A)GPL and derivative works, the test is very fuzzy and not at all a bright line. bkuhn's reference to the AFC test is a good place to start if you're curious about the specifics. Another complicating factor is that copyright protects creativity, not functionality. APIs and other integration points may be seen as less creative and more functional, so their copyright protection is weaker or possibly nonexistent (see Google v. Oracle).

Looking Forward to It

Posted Sep 6, 2026 22:21 UTC (Sun) by parodper (guest, #179096) [Link] (1 responses)

For example, how would it legally differ from a bundled CLI that is executed and communicates via stdin/stdout? I mean, I know the in-memory/process-space argument; but e.g. according to our company lawyer, this is a technical detail that doesn’t really translate into different legal concepts – she would be really surprised if courts would be willing to see a difference here (at least in Germany/EU, because that’s her area of expertise).

This seems to be different in the EU: I don't think the US has an equivalent to recitals 10 and 15 of Directive EC 2009/24, which, according to the EUPL drafters means strong-copyleft licenses can't exist in the EU.

Looking Forward to It

Posted Sep 7, 2026 8:15 UTC (Mon) by kleptog (subscriber, #1183) [Link]

> This seems to be different in the EU: I don't think the US has an equivalent to recitals 10 and 15 of Directive EC 2009/24, which, according to the EUPL drafters means strong-copyleft licenses can't exist in the EU.

Recitals aren't operational, they just merely serve to explain the articles. They're probably relying on Article 1(2).

> Article 1(2): [...] Ideas and principles which underlie any element of a computer program, including those which underlie its *interfaces*, are not protected by copyright under this Directive.

If interfaces are not copyrightable, the argument goes, then anything merely using the interface can't be copying any protected expression.

The main issue is that a lot of (online) discussion uses terms like "derivative work" which is not a thing in EU copyright law. The question is: has protected expression from one work has been incorporated into another? That's fundamentally a case-by-case issue. But it seems likely that by using libreadline your program is copying some protected expression from the library. But IANAL.


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