127 lines
5.9 KiB
Text
127 lines
5.9 KiB
Text
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GPL Compliance Case Studies and Legal Ethics in Free Software Licensing
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This one-day course presents the details of five different GPL compliance
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cases handled by FSF's GPL Compliance Laboratory. Each case offers unique
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insights into problems that can arise when the terms of GPL are not
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properly followed, and how diplomatic negotiation between the violator and
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the copyright holder can yield positive results for both parties.
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This course also includes a unit on the ethical considerations for
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attorneys who want to represent clients that make use of or sell Free
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Software products.
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Prerequisites:
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Attendees should have successfully completely the course, a "Detailed
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Study and Analysis of GPL and LGPL", as the material from that course
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forms the building blocks for this material.
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Audience:
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The course is of most interest to lawyers who have clients or
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employers that deal with Free Software on a regular basis. However,
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technical managers and executives whose businesses use or distribute
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Free Software will also find the course very helpful.
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The course will include the topics listed below, along with ample time for
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questions and discussions. Lunch is included, with a lunch speaker to be
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announced.
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GPL Compliance Case Studies:
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* Overview of FSF's GPL Compliance Lab (:20)
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We present a brief introduction to the work that FSF does to enforce
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the GPL and defend the freedoms granted by Free Software.
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* GPL Violation Case Study A (1:00)
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In this case study, we consider one of the most complex and
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longest-running violations that FSF has handled. Company A
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distributed a derivative work of the GNU Complier Collection (GCC)
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without complete corresponding source, and refused to distribute any
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source at all to anyone who was not their direct customer. We
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follow the slow movement toward compliance and explain how FSF deals
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with sometimes belligerent violators.
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* GPL Violation Case Study B (:20)
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In this case study, we consider a contrasting violation to Case A.
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Company B, who sold a complete GNU/Linux distribution, had worked
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hard to be in compliance, but we had nevertheless found an
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infraction in their compliance efforts. We explain how smoothly
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violations of this type can be resolved and the process that an
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otherwise friendly violator can expect.
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* GPL Violation Case Study C (:35)
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In this case study, we present a violation where an entire embedded
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GNU/Linux distribution was included in a consumer electronic device.
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We consider the problems faced regarding kernel modules for device
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drivers for government-regulated hardware, and cases where both an
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upstream provider and a downstream distributor are in violation on
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separate matters.
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* GPL Violation Case Study D (:25)
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In this case study, we consider how to handle the inevitable
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violations that can occur from a company that is generally committed
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to doing Free Software as a regular part of its business, but -- due
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to experimentation with new cutting edge business models, or because
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of mere oversights -- has occasional GPL violations or
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near-violations.
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* Good Practices for GPL Compliance (:10)
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After discussing the details of the various archetypes of GPL
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compliance efforts undertaken by FSF, we generalize what we have
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learned to advise on good practices to build a product from start to
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finish in compliance with GPL, and how to build internal policies to
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assure that your client or company is never faced with a violation
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report.
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Ethical Considerations for the Attorney Practicing Free Software
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This portion of the course will focus on ethical issues that may arise
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for attorneys counseling clients with respect to free software issues.
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Many of these topics have more general application, but specific
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discussion of the ways in which these issues may arise for free software
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clients will be presented.
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* Part I: Representing Free Software Clients (1:00)
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An attorney's ethical duties run to not just their clients, but to
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potential clients and the general public as well. Pro bono
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representation of free software clients not only conforms with the
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principles set forth by most Bar Associations, but also provides
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many other benefits to an attorney. Once a client is retained, the
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duty of loyalty attaches and conflicts, be they direct, indirect,
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or political, should be identified and handled.
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* Part II: Practicing Free Software (1:00)
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Differing ethical issues arise in the context of counseling a
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client who is a free software licensor as opposed to one who is a
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free software licensee. Further still, representing a client who
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is both licensor and licensee presents a combination of all of
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these issues. Compliance investigation and enforcement strategies
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must be implemented in accordance with both the duty of loyalty and
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the duty of honesty. Likewise, performing exposure abatement while
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also defending against charges of infringement may pose problems
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within the attorney-client relationship. The ethical considerations
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relevant to each of these situations will be presented and
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discussed.
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* Part III: More General Ethical Considerations Relevant to Free
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Software (1:00)
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Free software counseling is but one specialty within the realm of
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intellectual property counseling in general. A review of various
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topics of more general application, but with special relevance to
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free software counseling, will be given along with a discussion of
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the reasons why and ways in which such issues arise when
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representing free software clients. Patent prosecution and
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governing rules considerations are two such topics.
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