FLOSS to free software
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@ -53,7 +53,7 @@ often in public Usenet discussions.\footnote{One example is the public
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proprietary.} Over the next decade, the Free Software Foundation (FSF),
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which holds copyrights in many GNU programs, was the only visible entity
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actively enforcing its GPL'd copyrights on behalf of the community of
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Free/Libre and Open Source Software (FOSS) developers. FSF's enforcement
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Free/Libre and Open Source Software (free software) developers. FSF's enforcement
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was generally a private process; the FSF contacted violators
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confidentially and helped them to comply with the license. Most
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violations were pursued this way until the early 2000's.
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@ -81,7 +81,7 @@ 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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GPL's terms, and poor communication between software developers and their
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management. In this document, we highlight these problems and describe
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best practices to encourage corporate users of FOSS to reevaluate their
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best practices to encourage corporate users of free software to reevaluate their
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approach to GPL'd software and avoid future violations.
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SFLC continues to conduct GPL enforcement and compliance efforts for many
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@ -96,7 +96,7 @@ when a violation occurs.
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\chapter{Best Practices to Avoid Common Violations}
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\label{best-practices}
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Unlike highly permissive FOSS licenses (such as the ISC license), which
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Unlike highly permissive free software licenses (such as the ISC license), which
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typically only require preservation of copyright notices, the GPL places a
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number of important requirements upon licensees. These requirements are
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carefully designed to uphold certain values and standards of the software
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@ -110,7 +110,7 @@ GPL violations are often caused or compounded by a failure to adopt sound
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practices for the incorporation of GPL'd components into a company's
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internal development environment. In this section, we introduce some best
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practices for software tool selection, integration and distribution,
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inspired by and congruent with FOSS methodologies. We suggest companies
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inspired by and congruent with free software methodologies. We suggest companies
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establish such practices before building a product based on GPL'd
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software.\footnote{This document addresses compliance with GPLv2,
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GPLv3, LGPLv2, and LGPLv3. Advice on avoiding the most common
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@ -139,7 +139,7 @@ under the LGPL (e.g., the GNU C Library). Sometimes, these programs have
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been patched or slightly improved by direct modification of their sources,
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resulting unequivocally in a derivative work. Alongside these programs,
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companies often distribute fully independent, proprietary programs,
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developed from scratch, which are designed to run on the FOSS operating
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developed from scratch, which are designed to run on the free software operating
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system but do not combine with, link to, modify, or otherwise derive from
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the GPL'd components.\footnote{However, these programs do often combine
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with LGPL'd libraries. This is discussed in detail in \S~\ref{lgpl}.}
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@ -183,15 +183,15 @@ failure in the software acquisition and procurement process. Integration
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of third-party proprietary software typically requires a formal
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arrangement and management/legal oversight before the developers
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incorporate the software. By contrast, your developers often obtain and
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integrate FOSS without intervention. The ease of acquisition, however,
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integrate free software without intervention. The ease of acquisition, however,
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does not mean the oversight is any less necessary. Just as your legal
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and/or management team negotiates terms for inclusion of any proprietary
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software, they should be involved in all decisions to bring FOSS into your
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software, they should be involved in all decisions to bring free software into your
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product.
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Simple, engineering-oriented rules help provide a stable foundation for
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FOSS integration. Ask your software developers to send an email to a
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standard place describing each new FOSS component they add to the system,
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free software integration. Ask your software developers to send an email to a
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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. Make sure they use a revision control system, and have
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store the upstream versions of all software in a ``vendor branch'' or
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@ -203,7 +203,7 @@ chaotic and poorly-sourced development process has begun, the challenges
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of determining and cataloging the presence of GPL'd components is
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difficult. If you are in that situation, we recommend the
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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 FOSS licenses that may apply to
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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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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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@ -618,7 +618,7 @@ Linux\footnote{``Linux'' refers only to the kernel, not the larger system
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as a whole.} and a filesystem. That filesystem contains various binary
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programs, including some GPL'd binaries, alongside some proprietary
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binaries that are separate works (i.e., not derived from, nor based on
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FOSS sources). Consider what, in this case, constitutes adequate
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free software sources). Consider what, in this case, constitutes adequate
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``scripts to control compilation and installation'' or items ``needed to
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generate, install and run'' the GPL'd programs.
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@ -661,9 +661,9 @@ build scripts, and packaging scripts.
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Nonetheless, in the interest of goodwill and the spirit of the GPL, most
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companies do provide the compiler itself when they are able, particularly
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when the compiler is based on GCC\@ or another FOSS compiler. If you have
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when the compiler is based on GCC\@ or another free software compiler. If you have
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a GCC-based system, it is your prerogative to redistribute that GCC
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version (binaries plus sources) to your customers. We in the FOSS
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version (binaries plus sources) to your customers. We in the free software
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community encourage you to do this, since it often makes it easier for
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users to exercise their software freedom. However, if you chose to take
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this recommendation, ensure that your GCC distribution is itself
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@ -681,7 +681,7 @@ it requires that you give the user all the essential non-proprietary facts
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that you had at your disposal to build the software. Therefore, if you
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choose not to distribute the compiler, you should include a {\sc readme}
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about where you got it, what version it was, and who to contact to acquire
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it, regardless of whether your compiler is FOSS, proprietary, or
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it, regardless of whether your compiler is free software, proprietary, or
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internally developed.
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\section{Best Practices and Corresponding Source}
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@ -763,9 +763,9 @@ let the conversation lapse until the situation is fully resolved.
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Proactively follow up with synchronous communication means to be sure
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communications sent by non-reliable means (such as email) were received.
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Remember that the FOSS community generally values open communication and
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Remember that the free software community generally values open communication and
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cooperation, and these values extend to GPL enforcement. You will
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generally find that FOSS developers and their lawyers are willing to
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generally find that free software developers and their lawyers are willing to
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have a reasonable dialogue and will work with you to resolve a violation
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once you open the channels of communication in a friendly way.
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@ -840,11 +840,11 @@ copyright holders often require.
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\begin{itemize}
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\item {\bf Compliance on all FOSS copyrights}. Copyright holders of FOSS
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\item {\bf Compliance on all free software copyrights}. Copyright holders of free software
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often want a company to demonstrate compliance for all GPL'd software in
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a distribution, not just their own. A copyright holder may refuse to
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reinstate your right to distribute one program unless and until you
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comply with the licenses of all FOSS in your distribution.
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comply with the licenses of all free software in your distribution.
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\item {\bf Notification to past recipients}. Users to whom you previously
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distributed non-compliant software should receive a communication
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@ -854,10 +854,10 @@ copyright holders often require.
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situations), an alternative form of notice may be required (such as a
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magazine advertisement).
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\item {\bf Appointment of a GPL Compliance Officer.} The FOSS community
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\item {\bf Appointment of a GPL Compliance Officer.} The free software community
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values personal accountability when things go wrong. Copyright holders
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often require that you name someone within the violating company
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officially responsible for FOSS license compliance, and that this
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officially responsible for free software license compliance, and that this
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individual serve as the key public contact for the community when
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compliance concerns arise.
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@ -952,7 +952,7 @@ violations are resolved much more smoothly (at least from the point of
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view of the redistributor).
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Consider the cost of potential violations in your acquisition process.
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Using FOSS allows software vendors to reduce costs significantly, but be
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Using free software allows software vendors to reduce costs significantly, but be
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wary of vendors who have done so without regard for the licenses. If your
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vendor's costs seem ``too good to be true,'' you may ultimately bear the
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burden of the vendor's inattention to GPL compliance. Ask the right
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@ -988,7 +988,7 @@ completely unmodifiable\footnote{Consider that the iPhone, a device
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and modified within 48 hours of its release.}, users are generally on
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notice that they risk voiding their warranties and losing their update and
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support services when they make modifications.\footnote{A popular t-shirt
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in the FOSS community reads: ``I void warranties.''. Our community is
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in the free software community reads: ``I void warranties.''. Our community is
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well-known for modifying products with full knowledge of the
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consequences. GPLv3's ``Installation Instructions'' section merely
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confirms that reality, and makes sure GPL rights can be fully exercised,
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@ -1011,7 +1011,7 @@ requirements.
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Compliance is straightforward when the entirety of your enterprise is
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well-informed and well-coordinated. The receptionists should know how to
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route a GPL source request or accusation of infringement. The lawyers
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should know the basic provisions of FOSS licenses and your source
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should know the basic provisions of free software licenses and your source
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disclosure requirements, and should explain those details to the software
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developers. The software developers should use a version control system
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that allows them to associate versions of source with distributed
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@ -1020,7 +1020,7 @@ art can understand, and inform the lawyers when they bring in new
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software. Managers should build systems and procedures that keep everyone
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on target. With these practices in place, any organization can comply
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with the GPL without serious effort, and receive the substantial benefits
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of good citizenship in the FOSS community, and lots of great code
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of good citizenship in the free software community, and lots of great code
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ready-made for their products.
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\vfill
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