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* Started course materisl for case study and ethics course

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60
Case-Study-Ethics/Makefile Normal file
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FILTER = ./filter-doc.plx
PDFLATEX = pdflatex
LATEX = latex
#BIBTEX = bibtex
BIBTEX = /bin/true
FIG2DEV = fig2dev
DVIPS=dvips
all: case-study-ethics.pdf case-study-ethics.ps
.SUFFIXES: .fig .postscript .eps .pdf .pstex_t .pstex
.postscript.pdf:
ps2pdf $< $@
.postscript.eps:
ps2epsi $< $@
.fig.pdf:
$(FIG2DEV) -L pdf -p "portrait" -c $< > $@
.fig.pstex_t:
$(FIG2DEV) -L pstex_t $< > $@
.fig.pstex:
$(FIG2DEV) -L pstex $< > $@
PDF_FIGS =
case-study-ethics.pdf: case-study-ethics-pdf.tex case-study-ethics-pdf.bbl $(PDF_FIGS)
$(PDFLATEX) case-study-ethics-pdf
$(PDFLATEX) case-study-ethics-pdf
/bin/mv case-study-ethics-pdf.pdf case-study-ethics.pdf
case-study-ethics-pdf.tex: case-study-ethics.tex
cat case-study-ethics.tex | $(FILTER) PDF > case-study-ethics-pdf.tex
case-study-ethics-pdf.bbl: case-study-ethics-pdf.tex $(PDF_FIGS)
$(PDFLATEX) case-study-ethics-pdf
$(BIBTEX) case-study-ethics-pdf
PS_FIGS =
case-study-ethics-ps.tex: case-study-ethics.tex
cat case-study-ethics.tex | $(FILTER) PS > case-study-ethics-ps.tex
case-study-ethics-ps.bbl: case-study-ethics-ps.tex $(PS_FIGS)
$(LATEX) case-study-ethics-ps
$(BIBTEX) case-study-ethics-ps
case-study-ethics-ps.dvi: case-study-ethics-ps.tex case-study-ethics-ps.bbl $(PS_FIGS)
$(LATEX) case-study-ethics-ps
$(LATEX) case-study-ethics-ps
case-study-ethics.ps: case-study-ethics-ps.dvi
$(DVIPS) $< -o $@
clean:
/bin/rm -f case-study-ethics-ps.* case-study-ethics-pdf.* case-study-ethics.pdf case-study-ethics.ps $(PDF_FIGS) $(PS_FIGS) case-study-ethics.log texput.log

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Case-Study-Ethics/case-study-ethics-overview.txt Normal file
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GPL Compliance Case Studies and Legal Ethics in Free Software Licensing
This one-day course presents the details of five different GPL compliance
cases handled by FSF's GPL Compliance Laboratory. Each case offers unique
insights into problems that can arise when the terms of GPL are not
properly followed, and how diplomatic negotiation between the violator and
the copyright holder can yield positive results for both parties.
This course also includes a unit on the ethical considerations for
attorneys who want to represent clients that make use of or sell Free
Software products.
Prerequisites:
Attendees should have successfully completely the course, a "Detailed
Study and Analysis of GPL and LGPL", as the material from that course
forms the building blocks for this material.
Audience:
The course is of most interest to lawyers who have clients or
employers that deal with Free Software on a regular basis. However,
technical managers and executives whose businesses use or distribute
Free Software will also find the course very helpful.
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.
GPL Compliance Case Studies:
* Overview of FSF's GPL Compliance Lab (:20)
We present a brief introduction to the work that FSF does to enforce
the GPL and defend the freedoms granted by Free Software.
* GPL Violation Case Study A (1:00)
In this case study, we consider one of the most complex and
longest-running violations that FSF has handled. Company A
distributed a derivative work of the GNU Complier Collection (GCC)
without complete corresponding source, and refused to distribute any
source at all to anyone who was not their direct customer. We
follow the slow movement toward compliance and explain how FSF deals
with sometimes belligerent violators.
* GPL Violation Case Study B (:20)
In this case study, we consider a contrasting violation to Case A.
Company B, who sold a complete GNU/Linux distribution, had worked
hard to be in compliance, but we had nevertheless found an
infraction in their compliance efforts. We explain how smoothly
violations of this type can be resolved and the process that an
otherwise friendly violator can expect.
* GPL Violation Case Study C (:35)
In this case study, we present a violation where an entire embedded
GNU/Linux distribution was included in a consumer electronic device.
We consider the problems faced regarding kernel modules for device
drivers for government-regulated hardware, and cases where both an
upstream provider and a downstream distributor are in violation on
separate matters.
* GPL Violation Case Study D (:25)
In this case study, we consider how to handle the inevitable
violations that can occur from a company that is generally committed
to doing Free Software as a regular part of its business, but -- due
to experimentation with new cutting edge business models, or because
of mere oversights -- has occasional GPL violations or
near-violations.
* Good Practices for GPL Compliance (:10)
After discussing the details of the various archetypes of GPL
compliance efforts undertaken by FSF, we generalize what we have
learned to advise on good practices to build a product from start to
finish in compliance with GPL, and how to build internal policies to
assure that your client or company is never faced with a violation
report.
Ethical Considerations for the Attorney Practicing Free Software
This portion of the course will focus on ethical issues that may arise
for attorneys counseling clients with respect to free software issues.
Many of these topics have more general application, but specific
discussion of the ways in which these issues may arise for free software
clients will be presented.
* Part I: Representing Free Software Clients (1:00)
An attorney's ethical duties run to not just their clients, but to
potential clients and the general public as well. Pro bono
representation of free software clients not only conforms with the
principles set forth by most Bar Associations, but also provides
many other benefits to an attorney. Once a client is retained, the
duty of loyalty attaches and conflicts, be they direct, indirect,
or political, should be identified and handled.
* Part II: Practicing Free Software (1:00)
Differing ethical issues arise in the context of counseling a
client who is a free software licensor as opposed to one who is a
free software licensee. Further still, representing a client who
is both licensor and licensee presents a combination of all of
these issues. Compliance investigation and enforcement strategies
must be implemented in accordance with both the duty of loyalty and
the duty of honesty. Likewise, performing exposure abatement while
also defending against charges of infringement may pose problems
within the attorney-client relationship. The ethical considerations
relevant to each of these situations will be presented and
discussed.
* Part III: More General Ethical Considerations Relevant to Free
Software (1:00)
Free software counseling is but one specialty within the realm of
intellectual property counseling in general. A review of various
topics of more general application, but with special relevance to
free software counseling, will be given along with a discussion of
the reasons why and ways in which such issues arise when
representing free software clients. Patent prosecution and
governing rules considerations are two such topics.

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% case-study-ethics.tex -*- LaTeX -*-
% Tutorial Text for GPL Compliance Case Studies
% and Legal Ethics in Free Software Licensing
%
% Copyright (C) 2004 Free Software Foundation, Inc.
% Verbatim copying and distribution of this entire document is permitted in
% any medium, provided this notice is preserved.
\documentclass[12pt]{report}
% FILTER_PS: \input{generate-ps-file}
% FILTER_PDF: \input{generate-pdf-file}
% FILTER_HTML: \input{generate-html-file}
\input{one-inch-margins}
%\setlength\parskip{0.7em}
%\setlength\parindent{0pt}
\newcommand{\defn}[1]{\emph{#1}}
%\pagestyle{empty}
\begin{document}
\begin{titlepage}
\begin{center}
\vspace{.5in}
{\Large {\sc GPL Compliance Case Studies and Legal Ethics in Free Software
Licensing } \\
\vspace{.7in}
Sponsored by the Free Software Foundation \\
\vspace{.3in}
Columbia Law School, New York, NY, USA \\
\vspace{.1in}
Wednesday 21 January 2003
}
\vspace{.7in}
{\large
Bradley M. Kuhn
Executive Director
Free Software Foundation
}
\vspace{.3in}
{\large
Daniel Ravicher
Senior Counsel
Free Software Foundation
}
\end{center}
\vfill
{\parindent 0in
Copyright \copyright{} 2004 \hspace{.2in} Free Software Foundation, Inc.
\vspace{.3in}
Verbatim copying and distribution of this entire document is permitted in
any medium, provided this notice is preserved.
}
\end{titlepage}
\pagestyle{plain}
\pagenumbering{roman}
\begin{abstract}
This one-day course presents the details of five different GPL compliance
cases handled by FSF's GPL Compliance Laboratory. Each case offers unique
insights into problems that can arise when the terms of GPL are not
properly followed, and how diplomatic negotiation between the violator and
the copyright holder can yield positive results for both parties.
This course also includes a unit on the ethical considerations for
attorneys who want to represent clients that make use of or sell Free
Software products.
Attendees should have successfully completely the course, a ``Detailed
Study and Analysis of GPL and LGPL'', as the material from that course
forms the building blocks for this material.
The course is of most interest to lawyers who have clients or employers
that deal with Free Software on a regular basis. However, technical
managers and executives whose businesses use or distribute Free Software
will also find the course very helpful.
\end{abstract}
\tableofcontents
\pagebreak
\pagenumbering{arabic}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Overview of FSF's GPL Compliance Lab}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Case Study A}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Case Study B}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Case Study C}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Case Study D}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Good Practices for Compliance}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Ethical Considerations for the Attorney Practicing Free Software}
\end{document}
% 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 glibc
% LocalWords: TrollTech administrivia LGPL's MontaVista OpenTV

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#!/usr/bin/perl -w
# Copyright (C) 200, 2001 Bradley M. Kuhn
#
# This program is free software; you can redistribute it and/or modify
# it under the terms of the GNU General Public License as published by
# the Free Software Foundation; either version 2 of the License, or
# (at your option) any later version.
#
# This program is distributed in the hope that it will be useful,
# but WITHOUT ANY WARRANTY; without even the implied warranty of
# MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
# GNU General Public License for more details.
#
# You should have received a copy of the GNU General Public License along
# with this program (in the file, "COPYING"; if not, write to the Free
# Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA
# 02111-1307 USA
use strict;
use warnings;
my $type = $ARGV[0];
unless (defined $type) {
print STDERR "usage: $0 TYPE\n";
exit 1;
}
my $extraType;
if ($type eq "PS" || $type eq "HTML") {
$extraType = "PS_HTML";
}
while (my $line = <STDIN>) {
if ($line =~ /^\s*%+\s*FILTER[_\s]+$type\s*:\s+(.*)\s*$/) {
$line = "$1\n";
}
if (defined $extraType and
$line =~ /^\s*%+\s*FILTER[_\s]+$extraType\s*:\s+(.*)\s*$/) {
$line = "$1\n";
}
print $line;
}

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%\usepackage{html}
%\usepackage[dvips]{graphicx}
%\usepackage[latex2html]{hyperref}
\newcommand\href[2]{\htmladdnormallink{#1}{#2}}
%\renewcommand\cite[1]{\hypercite{#1}}
%\renewcommand\ref[1]{\hyperref{#1}}
\usepackage[usenames]{color}
%\input{/usr/share/texmf/tex/plain/dvips/colordvi.tex}

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\usepackage[pdftex]{graphicx}
\usepackage[
pdftex=true,
latex2html=false,
pdftitle={The GNU General Public License for Businesspeople and Developers},
pdfauthor={Bradley M. Kuhn},
pdfsubject={GNU General Public License},
pdfkeywords={computer, science, free, software, freedom, licensing, licenses, GPL, GNU, general, public, license}
]{hyperref}
% I could not get this to work!
%\usepackage[pdftex,usenames]{color}
% So I used this:
\input{/usr/share/texmf/pdftex/plain/misc/pdfcolor.tex}
%\usepackage[ref]{backref}

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\usepackage[dvips]{graphicx}
\newcommand\href[2]{#2}
%\newcommand\textcolor[2]{#2}
\input{/usr/share/texmf/tex/plain/dvips/colordvi.tex}