, +MediaTek +Free Software Foundation
This is a formal request for full proper source code per the GPLv2 license included in the Omate TrueSmart firmware. This license can be found at the following location on the device;
It can also be read by going to Settings/About Phone/Legal Information/Open source license.
I have additionally uploaded the license as found in the firmware for public viewing.
As per the license included in the firmware the kernel source code is covered under GPL v2 and cannot legally be withheld. Inclusion of this licence and licensed work is acceptance and is therefore legally binding.
Please note sections 4 and 5 of the license that covers the kernel and kernel source
" 4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under
this License will not have their licenses terminated so long as such
parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it."
In previous conversations with Mediatek, MediaTek has stated that they will not provide source code to anybody but a licensed customer. This is in conflict with the license that Mediatek themselves are bound to by GPL v2 under section 4. This attempt to sublicense even negates Mediatek's right to even distribute any GPL covered software.
Again, I request that full proper source code be released as per GPL v2 before any additional actions are taken against Mediatek.