{"id":2355,"date":"2018-08-11T22:37:03","date_gmt":"2018-08-11T22:37:03","guid":{"rendered":"http:\/\/www.mtin.net\/blog\/?p=2355"},"modified":"2018-08-12T02:08:04","modified_gmt":"2018-08-12T02:08:04","slug":"ubnt-vs-cambium","status":"publish","type":"post","link":"http:\/\/www.mtin.net\/blog\/ubnt-vs-cambium\/","title":{"rendered":"UBNT vs Cambium -The legal battle"},"content":{"rendered":"

The Recently, it was announced that Ubiquiti Networks Inc (UBNT)<\/a> is suing Cambium<\/a> over the Cambium Elevate.\u00a0 \u00a0This will be a long post, so sit back with your favorite beverage and read away.<\/p>\n

Disclaimers. I have been in the ISP world since 1991. I cut my teeth on BBS systems and moved onto dial-up. I am also an independent Cambium certified consultant.\u00a0 Read about the consultant program here..<\/a>. I also have clients who run a wide variety of UBNT products, and the last ISP we sold was 90 percent UBNT. We run some UBNT routers in MidWest-IX<\/a> as well.\u00a0 My father was an attorney for over 40 years. I grew up around attorneys, have regular conversations with friends who are attorneys, and was learning about the law from the time I was 10. Having said that, I am not an attorney. Nothing in here should be construed as an official legal opinion.<\/p>\n

So let’s get some background on what has transpired with Cambium and their elevate software. Cambium came up with a way to load their software onto select UBNT wireless units and, after a reboot, had the cambium EPMP software active on them.<\/p>\n

Why did this work?<\/strong>
\nUBNT Airmax radios use U-Boot loader. If you want to read all about it you can read the references at the bottom of this article under References. The thing to know is it is released under the GNU General Public License.<\/p>\n

UBNT and Cambium EPMP both use “commodity” wifi chipsets.\u00a0 This keeps the cost down and the software becomes the majority of the “special sauce” that makes them different.\u00a0 \u00a0This is in contrast to the UBNT Airfiber and Cambium 450 lines. These use custom made chipsets. This is is one reason those lines are more expensive.<\/p>\n

By using an open source bootloader and commodity hardware Cambium was able to figure out how to load their own software onto the UBNT devices.\u00a0 \u00a0UBNT countered with modifying the bootloader to accept only signed software images. The only images that were recognized were ones signed by UBNT.\u00a0 If you are interested in learning more about signed software go here:\u00a0https:\/\/www.quora.com\/What-does-signed-firmware-means <\/a><\/p>\n

Cambium came up with instructions on how to downgrade and by-pass the ability to only load signed firmware onto the device.\u00a0 The method I am aware of is downgrading the installed UBNT firmware to a certain version.<\/p>\n

All in all the Elevate process turned the UBNT hardware into a device running Cambium’s software.<\/p>\n

The gray areas aka this is<\/strong>\u00a0why we have attorneys<\/strong>
\nThere are several arguable points in this lawsuit.\u00a0 If you want to read articles on the Lawsuit
\nhttps:\/\/www.law360.com\/articles\/1071813\/wireless-co-ubiquiti-says-rival-sells-hacking-firmware<\/a><\/p>\n

Debate #1 – The Hardware<\/em><\/strong>
\nThe term Software Defined Radio (SDR) has been around for quite some time now.\u00a0 Basically, this is a radio with very little RF elements to it.\u00a0 Ham radio has been using SDRs for quite some time now.\u00a0 The idea is the manufacturer uses off the shelf components to build a\u00a0single radio which can do various functions depending on what software is loaded.\u00a0 It also allows features in the chipset to be activated and licensed should the programmer want to support them.\u00a0 It’s interesting to note Wireless is not the only place this is happening. Software Defined Networking (SDN) is a growing thing, as well as a plethora of devices. A PC could be considered a software-defined device.\u00a0 More on that later.<\/p>\n

So an argument could be made the UBNT devices are a software defined radio.\u00a0 they did not use custom chips.\u00a0 They most certainly have a proprietary board layout, but that is not a criterion in an SDR. So if a customer buys a piece of hardware, should they be able to load whatever software they want on it?<\/p>\n

An argument saying yes they should can be pulled from many areas.\u00a0 This Verge Article<\/a>\u00a0(more in the reference at the bottom) says the Government ended the debate in 2015 giving consumers the ability to Jailbreak their phones and devices without legal penalties.\u00a0 Before that is was briefly illegal to “Jailbreak” your phone.\u00a0 \u00a0This was mainly lead by Apple. The government said it was fair use to Jailbreak, but not carrier unlock<\/a> your phone without permission.<\/p>\n

Apple also went through this briefly when they switched to Intel processor chips.\u00a0 People were figuring out ways to load Apple OSX onto Dells, HP, and other “PCs”. The debate was whether this was legal or not. The following article<\/a> sums up why these “hackintosh” computers were shut down. By clicking on the “Agree” of the End User License Agreement (EULA) before installing OSX you agree to a great number of things.\u00a0 \u00a0The short of it was the user license of OSX says you can not install this on non-apple hardware.\u00a0 However, it says nothing about installing non-Apple Operating systems on the hardware.\u00a0 Apple knows it is commodity hardware.\u00a0 If you want to buy a 2000 mac and put windows 10 on it, go ahead.\u00a0 They even help you with an option called Bootcamp.<\/p>\n

Our last example is the Linksys WRT54G and DD-WRT and its variants.\u00a0 A quick history of the DD-WRT Controversy<\/a> doesn’t revolve much around the loading of the software onto Linksys hardware, it involves the use of the GPL license by DD-WRT. There were some FCC concerns, but we will talk about those later.<\/p>\n

So the questions to be argued for this point:
\nQ1.Is the UBNT device a software-defined Radio?
\n2. Does the user have the legal ability to load whatever software they want to on hardware they own?<\/p>\n

Debate #2 – Was the UBNT firmware “hacked” as they allege?<\/strong>
\nThere are lots of unknowns here.\u00a0 Attorneys try to prove intent in arguments like this.
\nDid Cambium somehow reverse engineer the UBNT software, thus violating copyright laws?\u00a0 At what point is the line crossed? Since UBNT used a bootloader free to everyone, was the simple act of loading new software onto the units a hack? From what I know, and I am not a programmer, is Cambium used the bootloader to overwrite the UBNT software and install their own.\u00a0 How is this any different than installing Linux on a Dell PC? Computers have a bootloader called a BIOS. On a Wireless radio, where does the bootloader stop and the software start? To me, these are clearly defined. Bootloader and Image file.<\/p>\n

If you boot up the UBNT unit out of the box without agreeing to the EULA have you violated the EULA? Can you be penalized for loading software onto a device you never had the opportunity to see and agree to anything? Did the simple act of taking it out of a box and booting it up via TFTP cause you to agree to something?<\/p>\n

In a Brothers Wisp video on this topic<\/a>, Justin Miller mentions some arguments on why this can be allowed.<\/p>\n

Debate 3 – Did Cambium violate FCC rules?<\/strong><\/em>
\nIf we believe the user has the ability to load software onto units they own it is the user, as well who developed the software to go on the device, to follow all laws then it is not up to UBNT to police this.\u00a0 This is the job of the FCC, provided it is agreed that once the user buys the hardware it is theirs.\u00a0 For this specific case, UBNT claims Cambium is violated allowed power limits by loading their software onto the UBNT device.\u00a0 \u00a0Also, is the new device an FCC certified system? Most likely not unless it is resubmitted to the FCC for testing, and any labels removed and new ones added.\u00a0 However, this is not up to UBNT to enforce this. This is the job of the FCC.<\/p>\n

Is UBNT being a steward of the community to bring this to the attention of the FCC, thus saving UBNT from possible issues with the FCC? Maybe, but why not bring suit against any of these others?
\nBitlomat<\/a>
\nDD-WRT<\/a>
\nHamNet<\/a><\/p>\n

It’s interesting to note this page on HamNet<\/a><\/p>\n

I am not a telecom attorney and I do not know the ins and outs.\u00a0 From what little I know of being in the industry you have to have an FCC certified system with proper identification stickers.\u00a0 I remember when UBNT had to send out stickers for units several years ago for DFS certification.\u00a0 You were supposed to put them on all your upgraded radios to be compliant. By changing the software did Cambium no longer make it a certified system? Or, because they use the same chipset is it still legal in the eyes of the FCC?<\/p>\n

Debate 4 – Collusion and the end user<\/strong>
\nThis is the biggest bombshell out of this whole ordeal and actually makes my blood boil. \u00a0UBNT is suing Cambium of course.\u00a0 They are also suing a distributor and an end-user ISP.\u00a0 \u00a0Cambium I can understand. UBNT is trying to protect their intellectual property and believe it was violated.\u00a0 They have every right to do so.<\/p>\n

The distributor I can understand the argument.\u00a0 The distributor allegedly participated in distributing the “hacked” software. Not saying it’s right or wrong, but I can see why there would be the argument.<\/p>\n

The most disturbing part of this an end-user ISP is named in the lawsuit.\u00a0 UBNT is suing a customer who was using the UBNT product and then decided to switch to a competitors product.\u00a0 In the case of elevate, the end-user ISP loaded the software onto their existing hardware.\u00a0 If we go along with the idea of you own the hardware, UBNT is suing a customer who bought their hardware and loaded the elevate software on it.\u00a0 This would be like Dell suing a school corporation for loading Linux onto new PCs they bought.<\/p>\n

Many of the arguments you read are about you don’t own the software.\u00a0 If you buy the hardware, and it has a GPL licensed bootloader and load your own software onto the device, what laws have you violated?<\/p>\n

Imagine this scenario.\u00a0 A user opens up a UBNT radio they bought.\u00a0 They see it uses an Atheros chipset, like many other radios.\u00a0 They write some code to talk to the hardware, all without ever looking at the software that came on the radio, boot up the unit via TFTP and load their own compiled image onto the hardware.\u00a0 All the while they never have seen the UBNT software.\u00a0 Did they violate any laws or user agreements?<\/p>\n

This case and some others will help define who owns the hardware.\u00a0 We know the company, in this case, UBNT, owns the software.\u00a0 You have no legal standing to de-compile their intellectual property. That is cut and dry.\u00a0 What isn’t,\u00a0is if they are using the same hardware everyone else, the same bootloader, is that considered proprietary? If not, and you overwrite their software were you allowed to because you own the hardware. Is the GPL bootloader considered proprietary?\u00a0 If we apply the analogy the bootloader is the same as the BIOS in the PC, no it is not proprietary.\u00a0 The BIOS debate has already been solved in court. Many of the PC debates have been loading a company’s software onto other hardware, such as Apple Hackintosh Computers<\/a> and not the other way around, such as this case. As we talked in point 1, in the PC world, Apple even gives you the tools to install other Operating systems.<\/a><\/p>\n

If UBNT sticks code in that says the bootloader only recognizes signed images is that “hacking” to put your own software on? Is this any different than Jailbreaking an Iphone?<\/a><\/p>\n

So what does this all mean?<\/strong>
\nGoing forward I believe we will see EULA and licensing agreements change.\u00a0 The hardware from a manufacturer will still be the property of the manufacturer, much like John Deere software<\/a>.<\/p>\n

The definition of what you own and have access to will change.<\/p>\n

Proprietary bootloaders will take the place of Open Source bootloaders.<\/p>\n

There will be a rise in manufacturers who make white box radios.\u00a0 Will there be a long-term solution? Only time will tell.\u00a0 We are seeing this trend in software-defined networking.<\/p>\n

We will see more NDAs to end users about products.\u00a0 I believe we will see fewer case studies on newer products.\u00a0 End users will definitely be more tight-lipped about what they are doing.<\/p>\n

So it will be interesting to see how this all plays out.\u00a0 Will there be enough precedent in the hardware world to squash some of this? Or does UBNT have a case?\u00a0Obviously, UBNT has a responsibility to their shareholders to vigorously defend their Intellectual property.\u00a0 This case will help define where the commodity\/open source items stop and where the intellectual property starts.<\/p>\n

Where does this leave distributors? Do they want to continue carrying the Elevate product? Do they want to cut relationships with a manufacturer who has sued one of their own? The same goes for the end-user community.\u00a0 Do WISPs want to do business with a company that could potentially sue\u00a0them for using and talking about a competitor’s product? Do the end users own the hardware they buy? If so, how much freedom do they have? If you don’t own the product, imagine the accounting ramifications.<\/p>\n

References
\nhttps:\/\/motherboard.vice.com\/en_us\/article\/xykkkd\/why-american-farmers-are-hacking-their-tractors-with-ukrainian-firmware<\/a><\/p>\n

https:\/\/wiki.openwrt.org\/toh\/ubiquiti\/airmaxm<\/a><\/p>\n

https:\/\/www.wired.com\/2015\/04\/dmca-ownership-john-deere\/<\/a><\/p>\n

https:\/\/www.wired.com\/2010\/07\/feds-ok-iphone-jailbreaking\/<\/a>
\nFeds okay iPhone Jailbreaking<\/p>\n

https:\/\/superuser.com\/questions\/424892\/is-bios-considered-an-os<\/a>
\nIs the Bios an Operating System?<\/p>\n

https:\/\/www.chromium.org\/chromium-os<\/a>
\nGoogle Chromium OS<\/p>\n","protected":false},"excerpt":{"rendered":"

The Recently, it was announced that Ubiquiti Networks Inc (UBNT) is suing Cambium over the Cambium Elevate.\u00a0 \u00a0This will be a long post, so sit back with your favorite beverage and read away. Disclaimers. I have been in the ISP world since 1991. I cut my teeth on BBS systems and moved onto dial-up. I […]<\/p>\n","protected":false},"author":1,"featured_media":2357,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[119,22,86,156],"tags":[120,386,577,189,578,88,5],"jetpack_publicize_connections":[],"aioseo_notices":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/www.mtin.net\/blog\/wp-content\/uploads\/2018\/08\/image1.jpeg?fit=544%2C640","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6VLMf-BZ","jetpack-related-posts":[{"id":1563,"url":"http:\/\/www.mtin.net\/blog\/5-8-cambium-elevated-devices-max-eirp\/","url_meta":{"origin":2355,"position":0},"title":"5.8 Cambium Elevated Devices & Max EIRP","author":"j2sw","date":"May 19, 2017","format":false,"excerpt":"Lately, we have had a few clients run into signals becoming worse when they elevated clients to ePMP. \u00a0 This is not a result of the software being bad, but it enforcing the max EIRP on the units. \u00a0This boils down to older devices compliant with original FCC grants which\u2026","rel":"","context":"In "Cambium"","block_context":{"text":"Cambium","link":"http:\/\/www.mtin.net\/blog\/category\/cambium\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3371,"url":"http:\/\/www.mtin.net\/blog\/podcast-mum-2019-jj-eric-isp-talk\/","url_meta":{"origin":2355,"position":1},"title":"PodCast: Mum 2019 JJ & Eric ISP talk","author":"j2sw","date":"April 15, 2019","format":false,"excerpt":"Sat down With JJ Mcgrath and Eric Sooter at the Mikrotik User meeting in Autin for a little \"routerside chat\" about the WISP industry. #routinglight #routingrf #bendingpackets #podcast Routerside chat with Eric and JJ","rel":"","context":"In "podcast"","block_context":{"text":"podcast","link":"http:\/\/www.mtin.net\/blog\/category\/podcast\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1442,"url":"http:\/\/www.mtin.net\/blog\/epmp-elevate-webinar\/","url_meta":{"origin":2355,"position":2},"title":"ePMP elevate webinar","author":"j2sw","date":"November 30, 2016","format":false,"excerpt":"Some highlights on the ePMP Elevate\u00a0platform. -Allows ePMP Elevate software to run on on non-Cambium 802.11n subscriber modules -ePMP Elevate subscribers function as ePMP subscribers -Solution for WISPs who have hardware deployed. Offers a migration plan. -ePMP AP must be licensed for ePMP Elevate -5GHZ Only -XW and XM based\u2026","rel":"","context":"In "epmp"","block_context":{"text":"epmp","link":"http:\/\/www.mtin.net\/blog\/category\/epmp\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.mtin.net\/blog\/wp-content\/uploads\/2016\/11\/Screen-Shot-2016-11-30-at-10.14.17-AM-2-300x207.png?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":1464,"url":"http:\/\/www.mtin.net\/blog\/airfiber-and-libre\/","url_meta":{"origin":2355,"position":3},"title":"Airfiber and Libre","author":"j2sw","date":"December 13, 2016","format":false,"excerpt":"Yesterday I did an article on Cambium and Libre. \u00a0I have been asked about AirfFiber. \u00a0Here is stats from an AirFiber 24 link. \u00a0The link is 1.5 kilometers.","rel":"","context":"In \"airfiber\"","block_context":{"text":"airfiber","link":"http:\/\/www.mtin.net\/blog\/tag\/airfiber\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.mtin.net\/blog\/wp-content\/uploads\/2016\/12\/graph.png?fit=394%2C229&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":2637,"url":"http:\/\/www.mtin.net\/blog\/ptp-550-continuation\/","url_meta":{"origin":2355,"position":4},"title":"PTP 550 continuation","author":"j2sw","date":"November 21, 2018","format":false,"excerpt":"In a previous post, I mentioned a 5-mile link using Cambium PTP550s and why frequency matters. 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