* Added initial versions of GPL/LGPL course, based on GPL-Business
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								GPL-LGPL/gpl-lgpl-overview.txt
									
										
									
									
									
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							|  | @ -0,0 +1,180 @@ | |||
|                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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	 Bradley M. Kuhn
						Bradley M. Kuhn