Dates and Events:
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OSADL Articles:
2023-11-12 12:00
Open Source License Obligations Checklists even better now
Import the checklists to other tools, create context diffs and merged lists
2022-07-11 12:00
Call for participation in phase #4 of Open Source OPC UA open62541 support project
Letter of Intent fulfills wish list from recent survey
2022-01-13 12:00
Phase #3 of OSADL project on OPC UA PubSub over TSN successfully completed
Another important milestone on the way to interoperable Open Source real-time Ethernet has been reached
2021-02-09 12:00
Open Source OPC UA PubSub over TSN project phase #3 launched
Letter of Intent with call for participation is now available |
embedded world Exhibition 2025
OSADL Legal Seminar 2016 - Aspects of licensing Open Source software in the context of safety and security certification
Case 3 - Relation to the Supplier's General Terms and Conditions (Bezug zu den AGB des Lieferanten)
A machine builder supplies along with the machine the following Open Source licensed software components in binary form:
- Das U-Boot GPL-2.0
- Linux kernel GPL-2.0
- GNU C library LGPL-2.1
- Busybox GPL-2.0
In addition, an in-house application has been installed on the machine; among other things, this uses a range of functions which are provided by the GNU C library, which is available as a “shared library”. The machine builder has participated in OSADL eG’s SIL2LinuxMP project and has obtained a SIL2 certificate for the machine from TÜV Rheinland. His in-house application has been individually developed in accordance with the requirements of the standard and is distributed under a proprietary license.
Variants
Variant a)
A customer of the machine builder has discovered a problem in the GNU C library and has therefore replaced this by a newer version of the library, thus rectifying this first problem. However, for reasons which are initially unclear, other problems occur when running the machine builder’s application so that the customer has to debug it. Coincidently, the machine builder hears of this undertaking and advises the customer that the machine builder’s General Terms and Conditions of Business forbid debugging and reverse engineering. Can the machine builder forbid this? Can the machine builder forbid this by referring to the SIL2 certificate?
Answer a)
(Please note that this and the following answer are only accessible when logged in as OSADL member.)
Variant b)
In this variant, the customer is not forbidden to carry out debugging, and he succeeds in debugging the machine builder’s application and finding the cause of the fault. The up to 30-second-long dropouts which have been observed are apparently the result of faulty programming of the machine builder’s application. However, these faults only occur in conjunction with the – otherwise corrected – updated version of the GNU C library. The customer now requests an update of the application with reference to the safety-related errors and expects a new release from the machine builder with delta certification. The machine builder refuses. As a result, the customer contacts TÜV Rheinland directly. Can and should they now force the machine builder to provide an update and delta certification and at the same time threaten to cancel the granted certificate? What legal remedies are available?
Answer b)
