Misc copy editing
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@ -72,14 +72,14 @@ approach and launched \verb0gpl-violations.org0, a website and mailing
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list for collecting reports of GPL violations. On the basis of these
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reports, Welte successfully pursued many enforcements in Europe, including
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formal legal action. Harald earns the permanent fame as the first copyright
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holder to bring legal action in a Court regarding GPL compliance.
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holder to bring legal action in a court regarding GPL compliance.
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In 2007, two copyright holders in BusyBox, in conjunction with the
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Software Freedom Conservancy (``Conservancy''), filed the first copyright infringement lawsuit
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based on a violation of the GPL\@ in the USA. While lawsuits are of course
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quite public, the vast majority of Conservancy's enforcement actions
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are resolved privately via
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cooperative communications with violators. As both FSF and Conservancy has worked to bring
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cooperative communications with violators. As both FSF and Conservancy have worked to bring
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individual companies into compliance, both organizations have encountered numerous
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violations resulting from preventable problems such as inadequate
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attention to licensing of upstream software, misconceptions about the
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@ -104,7 +104,7 @@ Unlike highly permissive licenses (such as the ISC license), which
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typically only require preservation of copyright notices, licensees face many
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important requirements from the GPL. These requirements are
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carefully designed to uphold certain values and standards of the software
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freedom community. While the GPL's requirements may appear initially
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freedom community. While the GPL's requirements may initially appear
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counter-intuitive to those more familiar with proprietary software
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licenses, by comparison, its terms are in fact clear and quite favorable to
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licensees. Indeed, the GPL's terms actually simplify compliance when
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@ -155,7 +155,7 @@ In the latter case, where the work is unquestionably a separate work of
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creative expression, no copyleft provisions are invoked.
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Admittedly, a tiny
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minority of situations which lie outside these two categories, and thus
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minority of situations lie outside these two categories, and thus
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do involve close questions about derivative and combined works. Those
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situations admittedly do require a highly
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fact-dependent analysis and cannot be addressed in a general-purpose
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@ -214,7 +214,7 @@ Free Software integration. For example, simply ask your software developers to
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standard place describing each new Free Software component they add to the system,
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and have them include a brief description of how they will incorporate it
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into the product. Further, make sure developers use a revision control
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system (such as Git or Mercurial), and have
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system (such as Git or Mercurial), and
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store the upstream versions of all software in a ``vendor branch'' or
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similar mechanism, whereby they can easily track and find the main version
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of the software and, separately, any local changes.
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@ -228,9 +228,9 @@ about what software your product includes. Most commonly, companies choose
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some software licensing scanning tool to inspect the codebase. However,
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there are few tools that are themselves Free Software. Thus, GPL enforcers
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usually recommend the GPL'd
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\href{http://fossology.org/}{Fossology system}, which analyzes a
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\href{http://fossology.org/}{FOSSology system}, which analyzes a
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source code base and produces a list of Free Software licenses that may apply to
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the code. Fossology can help you build a catalog of the sources you have
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the code. FOSSology can help you build a catalog of the sources you have
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already used to build your product. You can then expand that into a more
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structured inventory and process.
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@ -254,7 +254,7 @@ follow to decrease the likelihood of this occurrence:
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developers are using revision control systems properly.
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\item Have developers mark or ``tag'' the full source tree corresponding to
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builds distributed to customers
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builds distributed to customers.
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\item Check that your developers store all parts of the software
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development in the revision control system, including {\sc readme}s, build
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@ -510,20 +510,20 @@ the license itself, either electronically or in print, with every
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distribution.
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Finally, it is unacceptable to use option (b) merely because you do not have
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Corresponding Source ready. We find that some companies chose this option
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Corresponding Source ready. We find that some companies choose this option
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because writing an offer is easy, but producing a source distribution as
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an afterthought to a hasty development process is difficult. The offer
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for source does not exist as a stop-gap solution for companies rushing to
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market with an out-of-compliance product. If you ship an offer for source
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with your product but cannot actually deliver \emph{immediately} on that
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offer when your customers receive it, you should expect an enforcement
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offer when your customers request it, you should expect an enforcement
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action.
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\subsection{Option (c): Noncommercial Offers}
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As discussed in the last section, GPLv2~\S~3(c) and GPLv3~\S~6(c) apply
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only to noncommercial use. These options are not available to businesses
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distributing GPL'd software. Consequently, companies who redistribute
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distributing GPL'd software. Consequently, companies that redistribute
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software packaged for them by an upstream vendor cannot merely pass along
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the offer they received from the vendor; they must provide their own offer
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or corresponding source to their distributees. We talk in detail about
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@ -753,21 +753,21 @@ That is FSF's steadfast position in a violation negotiation --- comply
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with the license and respect freedom.
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However, other entities who do not share the full ethos of software freedom
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as institutionalized by FSF pursue GPL violations differently. Oracle, a
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as institutionalized by FSF and Conservancy pursue GPL violations differently. Oracle, a
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company that produces the GPL'd MySQL database, upon discovering GPL
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violations typically negotiates a proprietary software license separately for
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a fee. While this practice is not one that FSF nor Conservancy would ever
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consider undertaking or even endorsing, it is a legally way for copyright
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consider undertaking or even endorsing, it is a legal way for copyright
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holders to proceed.
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Generally, GPL enforcers come in two varieties. First, there are
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Conservancy, FSF, and other ``community enforcers'', who primary seek the
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Conservancy, FSF, and other ``community enforcers'', who primarily seek the
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policy goals of GPL (software freedom), and see financial compensation as
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ultimately secondary to those goals. Second, there are ``for-profit
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enforcers'' who use the GPL as a either a crippleware license, or sneakily
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enforcers'' who use the GPL either as a crippleware license, or sneakily
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induce infringement merely to gain proprietary licensing revenue.
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Note that the latter model \textit{only} works for companies who hold 100\% of
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Note that the latter model \textit{only} works for companies that hold 100\% of
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the copyrights in the infringed work. As such, multi-copyright-held works
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are fully insulated from these tactics.
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@ -965,7 +965,7 @@ should ask:
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\item What are all the licenses that cover the software in this device?
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\item From which upstream vendors, be they companies or individuals, did
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\emph{you} receive your software from before distributing it to us?
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\emph{you} receive your software before distributing it to us?
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\item What are your GPL compliance procedures?
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@ -1062,5 +1062,5 @@ ready-made for their products.
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% LocalWords: redistributors NeXT's Slashdot Welte gpl ISC embedders BusyBox
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% LocalWords: someone's downloadable subdirectory subdirectories filesystem
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% LocalWords: roadmap README upstream's Ravicher's Fossology readme CDs iPhone
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% LocalWords: roadmap README upstream's Ravicher's FOSSology readme CDs iPhone
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% LocalWords: makefiles violator's
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@ -122,7 +122,7 @@ gives them permission to engage in these activities governed by copyright law.
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\section{Ongoing Violations}
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In conjunction with \S 4's termination of violators' rights, there is
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one final industry fact added to the mix: rarely, does one engage in a
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one final industry fact added to the mix: rarely does one engage in a
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single, solitary act of copying, distributing or modifying software.
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Almost always, a violator will have legitimately acquired a copy of a
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GPL'd program, either making modifications or not, and then begun
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@ -337,7 +337,7 @@ This case introduces a number of concepts regarding GPL enforcement.
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\begin{enumerate}
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\item {\bf Enforcement should not begin until the evidence is confirmed.}
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Most companies who distribute GPL'd software do so in compliance, and at
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Most companies that distribute GPL'd software do so in compliance, and at
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times, violation reports are mistaken. Even with extensive efforts in
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GPL education, many users do not fully understand their rights and the
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obligations that companies have. By working through the investigation
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@ -636,7 +636,7 @@ did so, and the violation was resolved.
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the GPL are ignored. If companies do not want to release source code
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for some reason, then they should not base the work on GPL'd software.
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No external argument for noncompliance can hold weight if the work as
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whole is indeed a derivative work of a GPL'd program.
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a whole is indeed a derivative work of a GPL'd program.
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The ``security concerns'' argument is often floated as a reason to keep
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software proprietary, but the computer security community has on
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