* Wrote about business model and compliance chapter
(section{GPL \S 3: Producing Binaries}): Fixed typo.
	(chapter{Integrating the GPL into Business Practices}): Wrote
	chapter.
			
			
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							|  | @ -928,14 +928,14 @@ of GPL'ed binaries (which comes with corresponding source, of course), you | |||
| have the freedom to redistribute that work at any fee you choose, or not | ||||
| at all.  Sometimes, companies attempt to build a racket by producing very | ||||
| specialized binaries (perhaps for an obscure architecture), and then | ||||
| giving source code that does corresponding, but not giving the | ||||
| giving source code that does correspond, but not giving the | ||||
| ``incantations'' and build plans they used to make that source compile | ||||
| into the specialized binaries.  Therefore, \S 3 that the source code | ||||
| include ``meta-material'' like scripts, interface definitions, and other material | ||||
| that is used to ``control compilation and installation'' of the binaries. | ||||
| In this manner, those further down the distribution chain are assured that | ||||
| they have the unabated freedom to build their own derivative works from | ||||
| the sources provided. | ||||
| include ``meta-material'' like scripts, interface definitions, and other | ||||
| material that is used to ``control compilation and installation'' of the | ||||
| binaries.  In this manner, those further down the distribution chain are | ||||
| assured that they have the unabated freedom to build their own derivative | ||||
| works from the sources provided. | ||||
| 
 | ||||
| FSF (as authors of GPL) realizes that software distribution comes in many | ||||
| forms.  Embedded manufacturers, for example, have the freedom to put | ||||
|  | @ -1280,7 +1280,7 @@ Finally, one important point to remember when reading \S 11 is that \S 1 | |||
| permits the sale of warranty as an additional service, which  \S 11 | ||||
| affirms. | ||||
| 
 | ||||
| \section{GPL, \S 12} | ||||
| \section{GPL, \S 12: Limitation of Liability} | ||||
| \label{GPLs12} | ||||
| 
 | ||||
| There are many types of warranties, and in some jurisdictions some of them | ||||
|  | @ -1296,22 +1296,124 @@ So ends the terms and conditions of the GNU General Public License. | |||
| %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | ||||
| \chapter{Integrating the GPL into Business Practices} | ||||
| 
 | ||||
| \section{Using Free Software In-House} | ||||
| Since GPL'ed software is now extremely prevalent through the industry, it | ||||
| is useful to has some basic knowledge about using GPL'ed software in | ||||
| business and how to build business models around GPL'ed software. | ||||
| 
 | ||||
| \section{Using GPL'ed Software In-House} | ||||
| 
 | ||||
| A discussed in Sections~\ref{GPLs0} and~\ref{GPLs5} of this tutorial, the | ||||
| GPL only governs the activities of copying, modifying and distributing the | ||||
| software are not governed by the license.  Thus, in FSF's view, simply | ||||
| installing the software on a machine and using it is not controlled or | ||||
| limited in any way by GPL\@.  Using Free Software in general requires | ||||
| substantially fewer agreements and less license compliance activity than | ||||
| any known proprietary software. | ||||
| 
 | ||||
| Even if a company engages heavily in copying the software throughout the | ||||
| enterprise, such copying is not only permitted by \S\S 1 and 3, but it is | ||||
| encouraged!  If the company simply deploy unmodified (or even modified) | ||||
| Free Software throughout the organization for its employees to use, the | ||||
| obligations under the license are very minimal.  Using Free Software has a | ||||
| substantially lower cost of ownership --- both in licensing fees and in | ||||
| licensing checking and handling -- than the proprietary software | ||||
| equivalents. | ||||
| 
 | ||||
| \section{Business Models} | ||||
| \label{Business Models} | ||||
| 
 | ||||
| \subsection{Redistribution Sales} | ||||
| Using Free Software in house is certainly helpful, but there is also a | ||||
| thriving market for Free Software-oriented business models.  There is the | ||||
| traditional model of selling copies of Free Software distributions.  Many | ||||
| companies, including IBM and Red Hat, make substantial revenue from this | ||||
| model.  IBM primarily chooses this model because they have found that for | ||||
| higher-end hardware, the cost of the profit made from proprietary software | ||||
| licensing fees is negligible.  The real profit is in the hardware, but it is | ||||
| essential that software be stable, reliable and dependable, and the users | ||||
| be allowed to have unfettered access to it.  Free Software, and GPL'ed | ||||
| software in particular (because IBM can be assured that proprietary | ||||
| versions of the same software will not exists to compete on their | ||||
| hardware) is the right choice. | ||||
| 
 | ||||
| \subsection{Custom Modification on Contract} | ||||
|   | ||||
| Red Hat has actually found that a ``convenience fee'' for Free Software, | ||||
| when set at a reasonable price (around \$60 or so), can produce some | ||||
| profit.  Even though Red Hat's system is fully downloadable on their | ||||
| website, people still go to local computer stores and buy copies of their | ||||
| box set, which is simply a printed version of the manual (available under | ||||
| a free license as well) and the Free Software system it documents. | ||||
| 
 | ||||
| \medskip | ||||
| 
 | ||||
| However, custom support, service, and software improvement contracts are | ||||
| the most widely used models for GPL'ed software.  The GPL is central to | ||||
| their success, because it ensure that the code base remains common, and | ||||
| that large and small companies are on equal footing for access to the | ||||
| technology.  Consider, for example, the GNU Compiler Collection (GCC). | ||||
| Cygnus Solutions, a company started in the early 1990s, was able to grow | ||||
| steadily simply by providing services for GCC --- mostly consisting of | ||||
| porting GCC to new embedded chipset target platforms.  Eventually, Cygnus | ||||
| was so successful that it was purchased by Red Hat where it remains a | ||||
| profitable division. | ||||
| 
 | ||||
| However, there are very small companies like CodeSourcery, as well as | ||||
| other medium sized companies like MontaVista and OpenTV that compete in | ||||
| this space.  Because the code-base is protect by GPL, it creates and | ||||
| demands industry trust.  Companies can cooperate on the software and | ||||
| improve it for everyone.  Meanwhile, companies who rely on GCC for their | ||||
| work are happy to pay for improvements, and for ports to new target | ||||
| platforms, and nearly all the changes fold back into the standard | ||||
| versions, and those forks that exist remain freely available. | ||||
| 
 | ||||
| \medskip | ||||
| 
 | ||||
| \subsection{Proprietary Relicensing} | ||||
| \label{Proprietary Relicensing} | ||||
| 
 | ||||
| A final common business model that is perhaps the most controversial is | ||||
| proprietary relicensing of a GPL'ed code base.  This is only an option for | ||||
| software in which a particular entity is the sole copyright holder.  As | ||||
| discussed earlier in this tutorial, a copyright holder is permitted under | ||||
| copyright law to license a software system under her copyright as many | ||||
| different ways as she likes to as many different parties as she wishes. | ||||
| 
 | ||||
| Some companies, such as MySQL AB and TrollTech, use this to their | ||||
| financial advantage with regard to a GPL'ed code base.  The standard | ||||
| version is available from the company under the terms of the GPL\@. | ||||
| However, parties can purchase separate proprietary software licensing for | ||||
| a fee. | ||||
| 
 | ||||
| This business model is problematic because it means that the GPL'ed code | ||||
| base must be developed in a somewhat monolithic way, because volunteer | ||||
| Free Software developers may be reluctant to assign their copyrights to | ||||
| the company because it will not promise to always and forever license the | ||||
| software as Free Software.  Indeed, the company will surely use such code | ||||
| contributions in proprietary versions licensed for fees. | ||||
| 
 | ||||
| \section{Ongoing Compliance} | ||||
| 
 | ||||
| GPL compliance is in fact a very simple matter -- much simpler than | ||||
| typical proprietary software agreements and EULAs.  Usually, the most | ||||
| difficult hurdle is changing from a proprietary software mindset to one | ||||
| that seeks to foster a community of sharing and mutual support.  Certainly | ||||
| complying with the GPL from a users' perspective gives substantially fewer | ||||
| headaches than proprietary license compliance. | ||||
| 
 | ||||
| For those who go into the business of distributing or distributing | ||||
| modified versions of GPL'ed software, the burden is a bit higher, but not | ||||
| by much.  The glib answer that is that it is always easy to comply with | ||||
| the GPL by releasing the whole product as Free Software.  However, | ||||
| admittedly to the chagrin of FSF, many modern and complex software systems | ||||
| are built using both proprietary and GPL'ed components that are not | ||||
| legally derivative works of each other.  Usually, in product development | ||||
| with Free Software tools, sometimes it is easier simply to improve | ||||
| existing GPL'ed application than to start from scratch.  In exchange for | ||||
| that benefit, the license requires that the modifier give back to the | ||||
| commons that made the work easier.  It is a reasonable trade-off, and it | ||||
| is a way to help build a better world while also making a profit. | ||||
| 
 | ||||
| Note that FSF does provide services to assist companies who need | ||||
| assistance in complying with the GPL.  You can contact FSF's GPL | ||||
| Compliance Labs at <compliance@fsf.org>. | ||||
| 
 | ||||
| \appendix | ||||
| 
 | ||||
| \chapter{The GNU General Public License} | ||||
|  | @ -1736,3 +1838,4 @@ General Public License instead of this License. | |||
| % LocalWords:  proprietarize redistributors sublicense yyyy Gnomovision EULAs | ||||
| % LocalWords:  Yoyodyne FrontPage improvers Berne copyrightable Stallman's GPLs | ||||
| % LocalWords:  Lessig Lessig's UCITA pre PDAs CDs reshifts GPL's Gentoo | ||||
| % LocalWords:  TrollTech | ||||
|  |  | |||
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	 Bradley M. Kuhn
						Bradley M. Kuhn