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Rewrite section to incorporate text properly.

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Much of the existing pasted text had subtle condescension toward
developers, which I've cleaned up here.  Admittedly, I may have over
compensated  and added subtle condescension toward lawyers.
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Bradley M. Kuhn 2014-11-11 11:53:32 -05:00
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compliance-guide.tex
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@ -1050,43 +1050,36 @@ generally find that software freedom developers and their lawyers are willing to
have a reasonable dialogue and will work with you to resolve a violation
once you open the channels of communication in a friendly way.
%FIXME-URGENT: integrate
Furthermore, if the complaint comes from a CEGEO, assume they are
well-prepared. CEGEO's fully investigate compliance issues before raising
the issue. The claims and concerns will be substantiated, and immediate
denials will likely lead the CEGEO to suspect malice rather than honest
mistake.
Assume preparation on the complainant’s side. The organizations
traditionally bringing complaints of copyleft non-compliance all
fully investigate and verify complaints referred to them before making
contact with apparently non-complying parties. Complainants will be
prepared to substantiate the facts on which their complaint is based.
However, the biggest and most perennial mistake that all CEGEOs see during
enforcement is this: failure to include the violators' software development
teams in the enforcement discussions and negotiations. As described above,
CCS verification and approval is the most time-consuming and difficult part
of resolving most compliance matters. Without direct contact between
software developers on both sides, the resolution of the technical issues
involved in demonstrating that the binary distributed was built from the
source provided is likely to be tortuous, expensive, and tense. Your lawyers
will certainly be understandably reluctant to expose your employees to direct
inquiry from potentially adverse parties. However, facilitated exchanges of
information among software engineers communicating on technical subjects
shortens the time to resolution, substantially reduces the cost of reaching
resolution, and prevents unnecessary escalation due to mutual
misunderstanding. Furthermore, such frank technical discussion will often be
the only way to avoid compliance litigation once a violation has occurred.
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Let engineers be a part of the process. The most time-consuming and
difficult part of resolving most compliance matters, in our experience,
is verifying that source code is indeed complete and
corresponding. Without direct contact between software engineers on both
sides, the resolution of the technical issues involved in demonstrating
that the binary distributed was built from the source provided is likely
to be tortuous, expensive, and potentially tense. Counsel are
understandably reluctant to expose their client’s employees to direct
inquiry from potentially hostile parties. But facilitated exchanges of
information among software engineers communicating on technical subjects
shortens the time to resolution, substantially reduces the cost of
reaching resolution, and prevents unnecessary escalation due to mutual
misunderstanding.
%FIXME-URGENT: integrate
Use compliance discussions to improve relationships. Development
communities make software to benefit users, which includes you. When you
use copylefted community software in your products, you are an important
and valuable part of the commons, from the developers’ point of
view. Resolving a compliance matter is an occasion to strengthen your
relationship to the commons, by increasing communication between your
engineers and the project whose output you use for business benefit.
%FIXME-URGENT: END
Fortunately, these frank discussions will improve your company's
relationships. Free Software development communities improve software to
benefit everyone, which includes you and your company. When you use
copylefted community software in your products, you are part of that
community. Therefore, resolving a compliance matter is an occasion to
strengthen your relationship to the community, by increasing communication
between your developers and the project whose work you use for business
benefit.
\section{Termination}