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s/Davrik/Boretz/, since Davrik is close to Dalvik

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Dalvik didn't exist as a software package when the anonymous name
placeholders were chosen when this was originally written.  At this point,
using Darvik as a name will likely only cause confusion Dalvik, which is
fully unrelated to this matter.
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Bradley M. Kuhn 2014-02-20 12:53:30 -05:00
parent bf4b3db60b
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enforcement-case-studies.tex
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@ -229,15 +229,15 @@ compliance work.
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Davrik: Modified GCC SDK} \chapter{Bortez: Modified GCC SDK}
In our first case study, we will consider Davrik, a company that In our first case study, we will consider Bortez, a company that
produces software and hardware toolkits to assist OEM vendors, makers produces software and hardware toolkits to assist OEM vendors, makers
of consumer electronic devices. of consumer electronic devices.
\section{Facts} \section{Facts}
One of Davrik's key products is a Software Development Kit (``SDK'') One of Bortez's key products is a Software Development Kit (``SDK'')
designed to assist developers building software for a specific class of designed to assist developers building software for a specific class of
consumer electronics devices. consumer electronics devices.
@ -256,69 +256,69 @@ FSF was later able to confirm the violation when two additional reports
surfaced from other violation reporters, both of whom had used the SDK surfaced from other violation reporters, both of whom had used the SDK
professionally and noticed clear similarities to FSF's GNU GCC\@. FSF's professionally and noticed clear similarities to FSF's GNU GCC\@. FSF's
Compliance Engineer asked the reporters to run standard tests to confirm Compliance Engineer asked the reporters to run standard tests to confirm
the violation, and it was confirmed that Davrik's SDK was indeed a the violation, and it was confirmed that Bortez's SDK was indeed a
derivative work of GCC\@. Davrik had ported to Windows and added a number derivative work of GCC\@. Bortez had ported to Windows and added a number
of features, including support for a specific consumer device chipset and of features, including support for a specific consumer device chipset and
additional features to aid in the linking process (``LP'') for those additional features to aid in the linking process (``LP'') for those
specific devices. FSF explained the rights that the GPL afforded these specific devices. FSF explained the rights that the GPL afforded these
customers and pointed out, for example, that Davrik only needed to provide customers and pointed out, for example, that Bortez only needed to provide
source to those in possession of the binaries, and that the users may need source to those in possession of the binaries, and that the users may need
to request that source (if \S 3(b) was exercised). The violators to request that source (if \S 3(b) was exercised). The violators
confirmed that such requests were not answered. confirmed that such requests were not answered.
FSF brought the matter to the attention of Davrik, who immediately FSF brought the matter to the attention of Bortez, who immediately
escalated the matter to their attorneys. After a long negotiation, escalated the matter to their attorneys. After a long negotiation,
Davrik acknowledged that their SDK was indeed a derivative work of Bortez acknowledged that their SDK was indeed a derivative work of
GCC\@. Davrik released most of the source, but some disagreement GCC\@. Bortez released most of the source, but some disagreement
occurred over whether LP was a derivate work of GCC\@. After repeated occurred over whether LP was a derivate work of GCC\@. After repeated
FSF inquiries, Davrik reaudited the source to discover that FSF's FSF inquiries, Bortez reaudited the source to discover that FSF's
analysis was correct. Davrik determined that LP included a number of analysis was correct. Bortez determined that LP included a number of
source files copied from the GCC code-base. source files copied from the GCC code-base.
\label{davrik-build-problems} \label{davrik-build-problems}
Once the full software release was made available, FSF asked the violation Once the full software release was made available, FSF asked the violation
reporters if it addressed the problem. Reports came back that the source reporters if it addressed the problem. Reports came back that the source
did not properly build. FSF asked Davrik to provide better build did not properly build. FSF asked Bortez to provide better build
instructions with the software, and such build instructions were instructions with the software, and such build instructions were
incorporated into the next software release. incorporated into the next software release.
At FSF's request as well, Davrik informed customers who had previously At FSF's request as well, Bortez informed customers who had previously
purchased the product that the source was now available by announcing purchased the product that the source was now available by announcing
the availablity on its Web site and via a customer newsletter. the availablity on its Web site and via a customer newsletter.
Davrik did have some concerns regarding patents. They wished to include a Bortez did have some concerns regarding patents. They wished to include a
statement with the software release that made sure they were not granting statement with the software release that made sure they were not granting
any patent permission other than what was absolutely required by GPL\@. any patent permission other than what was absolutely required by GPL\@.
They understood that their patent assertions could not trump any rights They understood that their patent assertions could not trump any rights
granted by GPL\@. The following language was negotiated into the release: granted by GPL\@. The following language was negotiated into the release:
\begin{quotation} \begin{quotation}
Subject to the qualifications stated below, Davrik, on behalf of itself Subject to the qualifications stated below, Bortez, on behalf of itself
and its Subsidiaries, agrees not to assert the Claims against you for your and its Subsidiaries, agrees not to assert the Claims against you for your
making, use, offer for sale, sale, or importation of the Davrik's GNU making, use, offer for sale, sale, or importation of the Bortez's GNU
Utilities or derivative works of the Davrik's GNU Utilities Utilities or derivative works of the Bortez's GNU Utilities
(``Derivatives''), but only to the extent that any such Derivatives are (``Derivatives''), but only to the extent that any such Derivatives are
licensed by you under the terms of the GNU General Public License. The licensed by you under the terms of the GNU General Public License. The
Claims are the claims of patents that Davrik or its Subsidiaries have Claims are the claims of patents that Bortez or its Subsidiaries have
standing to enforce that are directly infringed by the making, use, or standing to enforce that are directly infringed by the making, use, or
sale of an Davrik Distributed GNU Utilities in the form it was distributed sale of an Bortez Distributed GNU Utilities in the form it was distributed
by Davrik and that do not include any limitation that reads on hardware; by Bortez and that do not include any limitation that reads on hardware;
the Claims do not include any additional patent claims held by Davrik that the Claims do not include any additional patent claims held by Bortez that
cover any modifications of, derivative works based on or combinations with cover any modifications of, derivative works based on or combinations with
the Davrik's GNU Utilities, even if such a claim is disclosed in the same the Bortez's GNU Utilities, even if such a claim is disclosed in the same
patent as a Claim. Subsidiaries are entities that are wholly owned by patent as a Claim. Subsidiaries are entities that are wholly owned by
Davrik. Bortez.
This statement does not negate, limit or restrict any rights you already This statement does not negate, limit or restrict any rights you already
have under the GNU General Public License version 2. have under the GNU General Public License version 2.
\end{quotation} \end{quotation}
This quelled Davrik's concerns about other patent licensing they sought to This quelled Bortez's concerns about other patent licensing they sought to
do outside of the GPL'd software, and satisfied FSF's concerns that Davrik do outside of the GPL'd software, and satisfied FSF's concerns that Bortez
give proper permissions to exercise teachings of patents that were give proper permissions to exercise teachings of patents that were
exercised in their GPL'd software release. exercised in their GPL'd software release.
Finally, a GPL Compliance Officer inside Davrik was appointed to take Finally, a GPL Compliance Officer inside Bortez was appointed to take
responsibility for all matters of GPL compliance inside the company. responsibility for all matters of GPL compliance inside the company.
Darvik is responsible for informing FSF if the position is given to Darvik is responsible for informing FSF if the position is given to
someone else inside the company, and making sure that FSF has direct someone else inside the company, and making sure that FSF has direct
@ -379,8 +379,8 @@ This case introduces a number of concepts regarding GPL enforcement.
\item {\bf Lines between various copyright, patent, and other legal \item {\bf Lines between various copyright, patent, and other legal
mechanisms must be precisely defined and considered.} The most mechanisms must be precisely defined and considered.} The most
difficult negotiation point of the Davrik case was drafting language difficult negotiation point of the Bortez case was drafting language
that simultaneously protected Davrik's patent rights outside of the that simultaneously protected Bortez's patent rights outside of the
GPL'd source, but was consistent with the implicit patent grant in GPL'd source, but was consistent with the implicit patent grant in
GPL\@. As we discussed in the first course of this series, there is GPL\@. As we discussed in the first course of this series, there is
indeed an implicit patent grant with GPL, thanks to \S 6 and \S 7. indeed an implicit patent grant with GPL, thanks to \S 6 and \S 7.
@ -538,7 +538,7 @@ role in GPL compliance.
code, the GPL is the overriding license. code, the GPL is the overriding license.
\item {\bf Compliance Officers are rarely necessary when companies are \item {\bf Compliance Officers are rarely necessary when companies are
educated about GPL compliance.} As we saw in the Davrik case, FSF asks educated about GPL compliance.} As we saw in the Bortez case, FSF asks
that a formal ``GPL Compliance Officer'' be appointed inside a that a formal ``GPL Compliance Officer'' be appointed inside a
previously violating organization to shepherd the organization to a previously violating organization to shepherd the organization to a
cooperative approach to GPL compliance. However, when FSF cooperative approach to GPL compliance. However, when FSF
@ -698,7 +698,7 @@ could occur between FSF, Polgara and Thesulac. Polgara and Thesulac
agreed, and that discussion began. Thesulac provided nearly complete agreed, and that discussion began. Thesulac provided nearly complete
sources to Polgara, and Polgara made a full software release on their sources to Polgara, and Polgara made a full software release on their
Web site. At the time of writing, that software still has some build Web site. At the time of writing, that software still has some build
problems (similar to those that occurred with Davrik, as described in problems (similar to those that occurred with Bortez, as described in
Section~\ref{davrik-build-problems}). FSF continues to negotiate with Section~\ref{davrik-build-problems}). FSF continues to negotiate with
Polgara and Thesulac to resolve these problems, which have a clear path to Polgara and Thesulac to resolve these problems, which have a clear path to
a solution and are expected to resolve. a solution and are expected to resolve.
@ -836,6 +836,6 @@ distribute products based on GPL'd software:
% LocalWords: TrollTech administrivia LGPL's MontaVista OpenTV Mitek Arce DVD % LocalWords: TrollTech administrivia LGPL's MontaVista OpenTV Mitek Arce DVD
% LocalWords: unprotectable protectable Unfreedonia chipset CodeSourcery Iqtel % LocalWords: unprotectable protectable Unfreedonia chipset CodeSourcery Iqtel
% LocalWords: impermissibly Bateman faire minimis Borland uncopyrightable Mgmt % LocalWords: impermissibly Bateman faire minimis Borland uncopyrightable Mgmt
% LocalWords: franca downloadable Davrik Davrik's Darvik % LocalWords: franca downloadable Bortez Bortez's Darvik
% LocalWords: Slashdot sublicensed Vigorien Vigorien's Haxil Polgara % LocalWords: Slashdot sublicensed Vigorien Vigorien's Haxil Polgara
% LocalWords: Thesulac Polgara's Haxil's Thesulac's SDK CD's % LocalWords: Thesulac Polgara's Haxil's Thesulac's SDK CD's