* Added initial versions of GPL/LGPL course, based on GPL-Business

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Detailed Study and Analysis of GPL and LGPL
This one-day course gives a section-by-section explanation of the most
popular Free Software copyright license, the GNU General Public License
(GNU GPL), and teaches lawyers, software developers, managers and business
people how to use the GPL (and GPL'ed software) successfully in a new Free
Software business and in existing, successful enterprises.
Prerequisites:
Attendees should have a general familiarity with software development
processes. A basic understanding of how copyright law typically
applies to software is also helpful.
Audience:
The course is of most interest to lawyers, software developers and
managers who run (or have clients who run) software businesses that
modify and/or redistribute software under terms of the GNU GPL or
LGPL, or who wish to make use of existing GPL'd and LGPL'd software
in their enterprise.
The course will include the topics listed below, along with ample time for
questions and discussions. Lunch is included, with a lunch speaker to be
announced.
* Free Software Principles and the Free Software Definition
The ethical principles that motivated the creation of these licenses
are presented. Unlike licenses that seek to lock up software in a
proprietary fashion, the GPL and LGPL are designed to grant freedom to
innovate, learn and improve. Those principles influence licensing
policy decisions. We present the specific definition of the concept
of "Free Software" (software whose license grants freedoms to copy,
share, modify and redistribute the software either gratis or for a
fee) for-profit companies.
* Preamble of the GNU General Public License (GPL)
The preamble presents the intent of the license. The preamble puts
forth the motivations for the detailed terms and conditions that
follow in the license. We discuss the language of the preamble in
detail to show how it frames the legal details that follow.
* GPL, Section 0: Definitions, etc.
GPL's section 0 defines and presents the terms that make the basis of
this copyright license. We discuss those definitions and the
copyright scope of the license.
* GPL, Section 1: Grant for Verbatim Source Copying
Section 1 defines the terms for making source-only copies of software
programs. We discuss how those rules work and the requirements and
obligations for distributors of GPL'd source, whether they choose to
distribute at no charge or for fees.
* Derivative Works: Statute and Case Law
Free Software licensing in general, and the GPL and LGPL in
particular, relies critically on the concept of derivative work since
software that is independent (i.e., not derivative) of Free Software
need not abide by any of the terms of the applicable Free Software
license. If a work is a derivative work of Free Software, then the
terms of the license are triggered, and one has obligations to comply
with the terms of the Free Software license under which the original
work is distributed. Therefore, one is left to ask, just what is a
"derivative work?" We will show how the answer to that question
depends on which court is being asked. We also present the best
background information available to build a working understanding of
what is generally considered a derivate work in the rapidly changing
field of software copyright law.
* GPL, Section 2: Grants for Source Derivative Works
Section 2 sets forth the rules for creation of derivative works of
GPL'd software. We discuss the intent of this section of GPL and how
it relates to the copyright situation discussed in our discussion of
derivative works. We also explain the details of preparing derivative
source in a GPL-compliant way.
* GPL, Section 3: Grants for Creating Binary Derivative Works
Source-only distribution works well for technically savvy clients and
users, but most want runnable binary programs as well. Section 3
gives permission for the creation and distribution of such binary
works. We explain how GPL's requirement for corresponding source code
operate, and detail what distribution options are available to
distributors of binary GPL'd software. We explore the benefits and
downsides of each of those options.
* The Implied Patent Grant in GPL
Patent rights are most often granted expressly, through detailed
language in a license. However, express patent grants are not the
exclusive way rights in patents are granted by patentees. Even
without express language, patent rights can be granted by a patentee's
actions or behavior. The GPL contains no express patent grant. Does
that mean it grants less rights in the licensor's patents than other
licenses which do? Or, does the GPL, in its silence, actually result
in a grant of patent rights to the licensee greater than occurs
through many other Free Software and "Open Source" licenses?
We will consider these questions and provide detailed answers to them.
* GPL, Section 4: Termination of License
Section 4 terminates rights under GPL for those who violate it. We
discuss how such termination works, what it means for violators, what
risks one takes in violating, and how rights are typically restored.
We briefly mention how Section 4 is used as the central tool in GPL
enforcement.
* GPL, Section 5: Acceptance of License
GPL is not a contract, so acceptance of the license works differently
than it does for contracts. We discuss how this acceptance works
under the copyright rules that govern GPL.
* GPL, Section 6: Prohibition on Further Restrictions
Other licensing terms cannot be placed on GPL'd software that would
trump the rights granted under GPL. We discuss how Section 6 is used
to ensure that no such additional restrictions occur. We briefly
discuss how this leads to the concept of GPL-incompatible Free
Software licenses.
* GPL, Section 7: Conflicts with other Agreements or Orders
Just as additional licensing restrictions cannot trump GPL, outside
agreements, patent licenses or court orders cannot do so either. We
discuss how Section 7 ensures that other rules outside of the direct
software license cannot take rights away from users, distributors, and
modifiers of GPL'd software.
* GPL, Section 8: International Licensing Issues
Section 8 is rarely used part of the GPL that helps copyright holders
when certain technologies are prohibited from full international
distribution due to draconian rules elsewhere in the world. We
explain how Section 8 helps such copyright holders.
* GPL, Section 9: FSF as GPL's Stewards
We discuss how the update process and release of new GPL versions
happens.
* GPL, Section 10: Copyright Holder's Exceptions to GPL
Section 10 reminds licensees that under copyright law, other
relicensing arrangements can be made. We discuss how this can often
be used as a business model and we explicate that model's benefits and
downsides.
* GPL, Section 11: Disclaimer of Warranties
GPL, Section 12: Limitation of Liability
Almost all software licenses, including Free Software licenses such as
the GPL, contain sections, typically in all caps, regarding warranties
and liability. The purposes of these sections are lost on most
non-lawyers, but attorneys understand the importance their language
provides to both the licensor and the licensee. Some have argued that
the GPL's Sections 11 and 12 render it entirely unenforceable. We
consider whether that is true, and present the likely interpretation
and implementation of the GPL's Warranty Disclaimer and Liability
Limitation provisions.
* Lesser General Public License (LGPL)
The LGPL is a "scaled back" version of GPL, designed specifically to
allow creation of a very well-defined class of proprietary derivative
works. However, it does prohibit turning the LGPL'd software itself
directly into proprietary software.
We discuss the basic design of LGPL and how it compares and contrasts
with GPL. We introduce the two classes of derivative works covered
by LGPL -- "works that use the library" and "works based on the
library" -- and give some concrete examples of what proprietary
derivative works are prohibited and permitted when basing the
software on an LGPL'd work.

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