Replaced "GPL" with "the GPL" wherever it was used to refer to the license,
but *not* when used when referring to GPL'd software or GPL violation or GPL enforcement, etc.
This commit is contained in:
parent
aef1ac14b3
commit
bdb224a606
1 changed files with 45 additions and 45 deletions
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@ -50,7 +50,7 @@ available at \verb=https://creativecommons.org/licenses/by-sa/4.0/legalcode=.
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This one-day course presents the details of five different GPL
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This one-day course presents the details of five different GPL
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compliance cases handled by FSF's GPL Compliance Laboratory. Each case
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compliance cases handled by FSF's GPL Compliance Laboratory. Each case
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offers unique insights into problems that can arise when the terms of
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offers unique insights into problems that can arise when the terms of
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GPL are not properly followed, and how diplomatic negotiation between
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the GPL are not properly followed, and how diplomatic negotiation between
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the violator and the copyright holder can yield positive results for
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the violator and the copyright holder can yield positive results for
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both parties.
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both parties.
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@ -79,40 +79,40 @@ not equivalent to attending the course.
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\chapter{Overview of Community Enforcement}
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\chapter{Overview of Community Enforcement}
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The GPL is a Free Software license with legal teeth. Unlike licenses like
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The GPL is a Free Software license with legal teeth. Unlike licenses like
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the X11-style or various BSD licenses, GPL (and by extension, the LGPL) is
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the X11-style or various BSD licenses, the GPL (and by extension, the LGPL) is
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designed to defend as well as grant freedom. We saw in the last course
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designed to defend as well as grant freedom. We saw in the last course
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that GPL uses copyright law as a mechanism to grant all the key freedoms
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that the GPL uses copyright law as a mechanism to grant all the key freedoms
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essential in Free Software, but also to ensure that those freedoms
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essential in Free Software, but also to ensure that those freedoms
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propagate throughout the distribution chain of the software.
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propagate throughout the distribution chain of the software.
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\section{Termination Begins Enforcement}
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\section{Termination Begins Enforcement}
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As we have learned, the assurance that Free Software under GPL remains
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As we have learned, the assurance that Free Software under the GPL remains
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Free Software is accomplished through various terms of GPL: \S 3 ensures
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Free Software is accomplished through various terms of the GPL: \S 3 ensures
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that binaries are always accompanied with source; \S 2 ensures that the
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that binaries are always accompanied with source; \S 2 ensures that the
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sources are adequate, complete and usable; \S 6 and \S 7 ensure that the
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sources are adequate, complete and usable; \S 6 and \S 7 ensure that the
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license of the software is always GPL for everyone, and that no other
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license of the software is always the GPL for everyone, and that no other
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legal agreements or licenses trump GPL. It is \S 4, however, that ensures
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legal agreements or licenses trump the GPL. It is \S 4, however, that ensures
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that the GPL can be enforced.
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that the GPL can be enforced.
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Thus, \S 4 is where we begin our discussion of GPL enforcement. This
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Thus, \S 4 is where we begin our discussion of GPL enforcement. This
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clause is where the legal teeth of the license are rooted. As a copyright
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clause is where the legal teeth of the license are rooted. As a copyright
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license, GPL governs only the activities governed by copyright law ---
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license, the GPL governs only the activities governed by copyright law ---
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copying, modifying and redistributing computer software. Unlike most
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copying, modifying and redistributing computer software. Unlike most
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copyright licenses, GPL gives wide grants of permission for engaging with
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copyright licenses, the GPL gives wide grants of permission for engaging with
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these activities. Such permissions continue, and all parties may exercise
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these activities. Such permissions continue, and all parties may exercise
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them until such time as one party violates the terms of GPL\@. At the
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them until such time as one party violates the terms of the GPL\@. At the
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moment of such a violation (i.e., the engaging of copying, modifying or
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moment of such a violation (i.e., the engaging of copying, modifying or
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redistributing in ways not permitted by GPL) \S 4 is invoked. While other
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redistributing in ways not permitted by the GPL) \S 4 is invoked. While other
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parties may continue to operate under GPL, the violating party loses their
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parties may continue to operate under the GPL, the violating party loses their
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rights.
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rights.
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Specifically, \S 4 terminates the violators' rights to continue
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Specifically, \S 4 terminates the violators' rights to continue
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engaging in the permissions that are otherwise granted by GPL\@.
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engaging in the permissions that are otherwise granted by the GPL\@.
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Effectively, their rights revert to the copyright defaults ---
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Effectively, their rights revert to the copyright defaults ---
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no permission is granted to copy, modify, nor redistribute the work.
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no permission is granted to copy, modify, nor redistribute the work.
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Meanwhile, \S 5 points out that if the violator has no rights under
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Meanwhile, \S 5 points out that if the violator has no rights under
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GPL, they are prohibited by copyright law from engaging in the
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the GPL, they are prohibited by copyright law from engaging in the
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activities of copying, modifying and distributing. They have lost
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activities of copying, modifying and distributing. They have lost
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these rights because they have violated the GPL, and no other license
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these rights because they have violated the GPL, and no other license
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gives them permission to engage in these activities governed by copyright law.
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gives them permission to engage in these activities governed by copyright law.
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@ -128,7 +128,7 @@ distributing that work. For example, the violator may have put the
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software in boxes and sold them at stores. Or perhaps the software
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software in boxes and sold them at stores. Or perhaps the software
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was put up for download on the Internet. Regardless of the delivery
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was put up for download on the Internet. Regardless of the delivery
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mechanism, violators almost always are engaged in {\em ongoing\/}
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mechanism, violators almost always are engaged in {\em ongoing\/}
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violation of GPL\@.
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violation of the GPL\@.
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In fact, when we discover a GPL violation that occurred only once --- for
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In fact, when we discover a GPL violation that occurred only once --- for
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example, a user group who distributed copies of a GNU/Linux system without
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example, a user group who distributed copies of a GNU/Linux system without
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@ -136,7 +136,7 @@ source at one meeting --- we rarely pursue it with a high degree of
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tenacity. In our minds, such a violation is an educational problem, and
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tenacity. In our minds, such a violation is an educational problem, and
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unless the user group becomes a repeat offender (as it turns out, they
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unless the user group becomes a repeat offender (as it turns out, they
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never do), we simply forward along a FAQ entry that best explains how user
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never do), we simply forward along a FAQ entry that best explains how user
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groups can most easily comply with GPL, and send them on their merry way.
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groups can most easily comply with the GPL, and send them on their merry way.
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It is only the cases of {\em ongoing\/} GPL violation that warrant our
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It is only the cases of {\em ongoing\/} GPL violation that warrant our
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active attention. We vehemently pursue those cases where dozens, hundreds
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active attention. We vehemently pursue those cases where dozens, hundreds
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@ -162,12 +162,12 @@ related to GPL'd software to obey the rules of the road and allow them to
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operate freely under them. Just as a traffic officer would not revel in
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operate freely under them. Just as a traffic officer would not revel in
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reminding people which side of the road to drive on, so we do not revel in
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reminding people which side of the road to drive on, so we do not revel in
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violations. By contrast, we revel in the successes of educating an
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violations. By contrast, we revel in the successes of educating an
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ongoing violator about GPL so that GPL compliance becomes a second-nature
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ongoing violator about the GPL so that GPL compliance becomes a second-nature
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matter, allowing that company to join the GPL ecosystem as a contributor.
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matter, allowing that company to join the GPL ecosystem as a contributor.
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\section{How are Violations Discovered?}
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\section{How are Violations Discovered?}
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Our enforcement of GPL is not a fund-raising effort; in fact, FSF's GPL
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Our enforcement of the GPL is not a fund-raising effort; in fact, FSF's GPL
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Compliance Lab runs at a loss (in other words, it is subsided by our
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Compliance Lab runs at a loss (in other words, it is subsided by our
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donors). Our violation reports come from volunteers, who have encountered,
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donors). Our violation reports come from volunteers, who have encountered,
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in their business or personal life, a device or software product that
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in their business or personal life, a device or software product that
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@ -197,7 +197,7 @@ software is included.
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Once we have confirmed that a violation has indeed occurred, we must then
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Once we have confirmed that a violation has indeed occurred, we must then
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determine whose copyright has been violated. Contrary to popular belief,
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determine whose copyright has been violated. Contrary to popular belief,
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FSF does not have the power to enforce GPL in all cases. Since GPL
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FSF does not have the power to enforce the GPL in all cases. Since the GPL
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operates under copyright law, the powers of enforcement --- to seek
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operates under copyright law, the powers of enforcement --- to seek
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redress once \S 4 has been invoked --- lie with the copyright holder of
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redress once \S 4 has been invoked --- lie with the copyright holder of
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the software. FSF is one of the largest copyright holders in the world of
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the software. FSF is one of the largest copyright holders in the world of
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@ -207,11 +207,11 @@ software copyrighted by FSF present.
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In cases where FSF does not hold copyright interest in the software, but
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In cases where FSF does not hold copyright interest in the software, but
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we have confirmed a violation, we contact the copyright holders of the
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we have confirmed a violation, we contact the copyright holders of the
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software, and encourage them to enforce GPL\@. We offer our good offices
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software, and encourage them to enforce the GPL\@. We offer our good offices
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to help negotiate compliance on their behalf, and many times, we help as a
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to help negotiate compliance on their behalf, and many times, we help as a
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third party to settle such GPL violations. However, what we will describe
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third party to settle such GPL violations. However, what we will describe
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primarily in this course is FSF's first-hand experience enforcing its own
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primarily in this course is FSF's first-hand experience enforcing its own
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copyrights and GPL\@.
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copyrights and the GPL\@.
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\section{First Contact}
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\section{First Contact}
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@ -292,9 +292,9 @@ the availability on its Web site and via a customer newsletter.
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Bortez did have some concerns regarding patents. They wished to include a
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Bortez did have some concerns regarding patents. They wished to include a
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statement with the software release that made sure they were not granting
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statement with the software release that made sure they were not granting
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any patent permission other than what was absolutely required by GPL\@.
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any patent permission other than what was absolutely required by the GPL\@.
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They understood that their patent assertions could not trump any rights
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They understood that their patent assertions could not trump any rights
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granted by GPL\@. The following language was negotiated into the release:
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granted by the GPL\@. The following language was negotiated into the release:
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\begin{quotation}
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\begin{quotation}
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Subject to the qualifications stated below, Bortez, on behalf of itself
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Subject to the qualifications stated below, Bortez, on behalf of itself
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@ -359,7 +359,7 @@ This case introduces a number of concepts regarding GPL enforcement.
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possible.
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possible.
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\item {\bf Confirming compliance is a community effort.} The whole point
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\item {\bf Confirming compliance is a community effort.} The whole point
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of making sure that software distributors respect the terms of GPL is to
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of making sure that software distributors respect the terms of the GPL is to
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allow a thriving software sharing community to benefit and improve the
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allow a thriving software sharing community to benefit and improve the
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work. FSF is not the expert on how a compiler for consumer electronic
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work. FSF is not the expert on how a compiler for consumer electronic
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devices should work. We therefore inform the community who originally
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devices should work. We therefore inform the community who originally
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@ -373,7 +373,7 @@ This case introduces a number of concepts regarding GPL enforcement.
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\item {\bf Informing the harmed community is part of compliance.} FSF asks
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\item {\bf Informing the harmed community is part of compliance.} FSF asks
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violators to make some attempt --- such as via newsletters and the
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violators to make some attempt --- such as via newsletters and the
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company's Web site --- to inform those who already have the products as
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company's Web site --- to inform those who already have the products as
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to their rights under GPL\@. One of the key thrusts of GPL's \S 1 and
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to their rights under the GPL\@. One of the key thrusts of the GPL's \S 1 and
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\S 3 is to {\em make sure the user knows she has these rights\/}. If a
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\S 3 is to {\em make sure the user knows she has these rights\/}. If a
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product was received out of compliance by a customer, she may never
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product was received out of compliance by a customer, she may never
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actually discover that she has such rights. Informing customers, in a
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actually discover that she has such rights. Informing customers, in a
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@ -386,8 +386,8 @@ This case introduces a number of concepts regarding GPL enforcement.
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difficult negotiation point of the Bortez case was drafting language
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difficult negotiation point of the Bortez case was drafting language
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that simultaneously protected Bortez's patent rights outside of the
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that simultaneously protected Bortez's patent rights outside of the
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GPL'd source, but was consistent with the implicit patent grant in
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GPL'd source, but was consistent with the implicit patent grant in
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GPL\@. As we discussed in the first course of this series, there is
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the GPL\@. As we discussed in the first course of this series, there is
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indeed an implicit patent grant with GPL, thanks to \S 6 and \S 7.
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indeed an implicit patent grant with the GPL, thanks to \S 6 and \S 7.
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However, many companies become nervous and wish to make the grant
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However, many companies become nervous and wish to make the grant
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explicit to assure themselves that the grant is sufficiently narrow for
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explicit to assure themselves that the grant is sufficiently narrow for
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their needs. We understand that there is no reasonable way to determine
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their needs. We understand that there is no reasonable way to determine
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@ -409,7 +409,7 @@ knowledge of the Free Software community and its functions is deep.
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Bracken produces a GNU/Linux operating system product that is sold
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Bracken produces a GNU/Linux operating system product that is sold
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primarily to OEM vendors to be placed in appliance devices used for a
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primarily to OEM vendors to be placed in appliance devices used for a
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single purpose, such as an Internet-browsing-only device. The product
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single purpose, such as an Internet-browsing-only device. The product
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is almost 100\% Free Software, mostly licensed under GPL and related
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is almost 100\% Free Software, mostly licensed under the GPL and related
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Free Software licenses.
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Free Software licenses.
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FSF found out about this violation through a report first posted on a
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FSF found out about this violation through a report first posted on a
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@ -430,7 +430,7 @@ online distribution:
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available
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available
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\item An End User License Agreement (``EULA'') was included that
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\item An End User License Agreement (``EULA'') was included that
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contradicted the permissions granted by GPL\@
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contradicted the permissions granted by the GPL\@
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\end{itemize}
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\end{itemize}
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@ -441,7 +441,7 @@ following steps:
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\begin{itemize}
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\begin{itemize}
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\item Bracken attorneys would rewrite the EULA to comply with GPL and
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\item Bracken attorneys would rewrite the EULA to comply with the GPL and
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would vet the new EULA through FSF before use
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would vet the new EULA through FSF before use
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\item Bracken engineers would provide source side-by-side with the
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\item Bracken engineers would provide source side-by-side with the
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@ -457,7 +457,7 @@ following steps:
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\end{itemize}
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\end{itemize}
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This case was completed in about a month. FSF approved the new EULA
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This case was completed in about a month. FSF approved the new EULA
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text. The key portion in the EULA relating to GPL read as follows:
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text. The key portion in the EULA relating to the GPL read as follows:
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\begin{quotation}
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\begin{quotation}
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Many of the Software Programs included in Bracken Software are distributed
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Many of the Software Programs included in Bracken Software are distributed
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@ -497,7 +497,7 @@ role in GPL compliance.
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easier time with compliance.} Bracken's products were designed and
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easier time with compliance.} Bracken's products were designed and
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built around the GNU/Linux system and Free Software components. Their
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built around the GNU/Linux system and Free Software components. Their
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engineers were deeply familiar with the Free Software ecosystem, and
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engineers were deeply familiar with the Free Software ecosystem, and
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their lawyers had seen and reviewed GPL before. The violation was
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their lawyers had seen and reviewed the GPL before. The violation was
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completely an honest mistake. Since the culture inside the company had
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completely an honest mistake. Since the culture inside the company had
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already adapted to the cooperative style of resolution in the Free
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already adapted to the cooperative style of resolution in the Free
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Software world, there was very little work for either party to bring the
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Software world, there was very little work for either party to bring the
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@ -533,12 +533,12 @@ role in GPL compliance.
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\item {\bf EULAs are a common area for GPL problems.} Often, EULAs
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\item {\bf EULAs are a common area for GPL problems.} Often, EULAs
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are drafted from boilerplate text that a company uses for all its
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are drafted from boilerplate text that a company uses for all its
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products. Even the most diligent attorneys forget or simply do not
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products. Even the most diligent attorneys forget or simply do not
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know that a product contains software licensed under GPL and other
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know that a product contains software licensed under the GPL and other
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Free Software licenses. Drafting a EULA that accounts for such
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Free Software licenses. Drafting a EULA that accounts for such
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licenses is straightforward; the text quoted above works just fine.
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licenses is straightforward; the text quoted above works just fine.
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The EULA must be designed so that it does not trump rights and
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The EULA must be designed so that it does not trump rights and
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permissions already granted by GPL\@. The EULA must clearly state
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permissions already granted by the GPL\@. The EULA must clearly state
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that if there is a conflict between it and GPL, with regard to GPL'd
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that if there is a conflict between it and the GPL, with regard to GPL'd
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code, the GPL is the overriding license.
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code, the GPL is the overriding license.
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\item {\bf Compliance Officers are rarely necessary when companies are
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\item {\bf Compliance Officers are rarely necessary when companies are
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@ -574,7 +574,7 @@ FSF discovered the violation from a user report, and determined that the
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cryptographic features were the only part of the product that constituted
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cryptographic features were the only part of the product that constituted
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a derivative work of GNU tar; the extraneous utilities merely made
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a derivative work of GNU tar; the extraneous utilities merely made
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shell calls out to GNU tar. FSF requested that Vigorien come into
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shell calls out to GNU tar. FSF requested that Vigorien come into
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compliance with GPL by releasing the source of GNU tar, with the
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compliance with the GPL by releasing the source of GNU tar, with the
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cryptographic modifications, to its customers.
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cryptographic modifications, to its customers.
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|
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Vigorien released the original GNU tar sources, but kept the cryptographic
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Vigorien released the original GNU tar sources, but kept the cryptographic
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@ -605,7 +605,7 @@ did so, and the violation was resolved.
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\item {\bf Removing the GPL'd portion of the product is always an
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\item {\bf Removing the GPL'd portion of the product is always an
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option.} Many violators' first response is to simply refuse to
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option.} Many violators' first response is to simply refuse to
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release the source code as GPL requires. FSF offers the option to
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release the source code as the GPL requires. FSF offers the option to
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simply remove the GPL'd portions from the product and continue along
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simply remove the GPL'd portions from the product and continue along
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without them. Every case where this has been suggested has led to
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without them. Every case where this has been suggested has led to
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the same conclusion. Like Vigorien, the violator argues that the
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the same conclusion. Like Vigorien, the violator argues that the
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@ -620,7 +620,7 @@ did so, and the violation was resolved.
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\item {\bf The whole product is not always covered.} In this case,
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\item {\bf The whole product is not always covered.} In this case,
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Vigorien had additional works aggregated. The backup system was a suite
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Vigorien had additional works aggregated. The backup system was a suite
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of utilities, some of which were GPL and some of which were not. While
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of utilities, some of which were the GPL and some of which were not. While
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the cryptographic routines were tightly coupled with GNU tar and clearly
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the cryptographic routines were tightly coupled with GNU tar and clearly
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derivative works, the various GUI utilities were separate and
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derivative works, the various GUI utilities were separate and
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independent works merely aggregated with the distribution of the
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independent works merely aggregated with the distribution of the
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@ -647,11 +647,11 @@ did so, and the violation was resolved.
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by identifying them early.
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by identifying them early.
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|
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\item {\bf External regulatory problems can be difficult to resolve.}
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\item {\bf External regulatory problems can be difficult to resolve.}
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GPL, though grounded in copyright law, does not have the power to trump
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The GPL, though grounded in copyright law, does not have the power to trump
|
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regulations like export controls. While Vigorien's ``security
|
regulations like export controls. While Vigorien's ``security
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concerns'' were specious, their export control concerns were not. It is
|
concerns'' were specious, their export control concerns were not. It is
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indeed a difficult problem that FSF acknowledges. We want compliance
|
indeed a difficult problem that FSF acknowledges. We want compliance
|
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with GPL and respect for users' freedoms, but we certainly do not expect
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with the GPL and respect for users' freedoms, but we certainly do not expect
|
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companies to commit criminal offenses for the sake of compliance. We
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companies to commit criminal offenses for the sake of compliance. We
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will see more about this issue in our next case study.
|
will see more about this issue in our next case study.
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\end{enumerate}
|
\end{enumerate}
|
||||||
|
@ -727,7 +727,7 @@ regarding the problem.
|
||||||
GPL violators if they are negotiating in a friendly way and operating in
|
GPL violators if they are negotiating in a friendly way and operating in
|
||||||
good faith toward compliance. Most violations are honest mistakes, and
|
good faith toward compliance. Most violations are honest mistakes, and
|
||||||
FSF sees no reason to publicly admonish violators who genuinely want to
|
FSF sees no reason to publicly admonish violators who genuinely want to
|
||||||
come into compliance with GPL and to work hard staying in compliance.
|
come into compliance with the GPL and to work hard staying in compliance.
|
||||||
|
|
||||||
This case was so public in the Free Software community that both Haxil's
|
This case was so public in the Free Software community that both Haxil's
|
||||||
and Polgara's representatives were nearly shell-shocked by the time FSF
|
and Polgara's representatives were nearly shell-shocked by the time FSF
|
||||||
|
@ -814,9 +814,9 @@ distribute products based on GPL'd software:
|
||||||
Software component.
|
Software component.
|
||||||
|
|
||||||
\item Build a ``Free Software Licensing'' committee that handles requests
|
\item Build a ``Free Software Licensing'' committee that handles requests
|
||||||
and questions about GPL and other Free Software licenses.
|
and questions about the GPL and other Free Software licenses.
|
||||||
|
|
||||||
\item Add ``What parts of your products are under GPL or other Free
|
\item Add ``What parts of your products are under the GPL or other Free
|
||||||
Software licenses?'' to your checklist of questions to ask when you
|
Software licenses?'' to your checklist of questions to ask when you
|
||||||
consider mergers, acquisitions, or joint ventures.
|
consider mergers, acquisitions, or joint ventures.
|
||||||
|
|
||||||
|
@ -826,13 +826,13 @@ distribute products based on GPL'd software:
|
||||||
rapidly changing field.
|
rapidly changing field.
|
||||||
|
|
||||||
\item When someone points out a potential GPL violation in one of your
|
\item When someone points out a potential GPL violation in one of your
|
||||||
products, do not assume the product line is doomed. GPL is not a virus;
|
products, do not assume the product line is doomed. The GPL is not a virus;
|
||||||
merely having GPL'd code in one part of a product does not necessarily
|
merely having GPL'd code in one part of a product does not necessarily
|
||||||
mean that every related product must also be GPL'd. And, even if some
|
mean that every related product must also be GPL'd. And, even if some
|
||||||
software needs to be released that was not before, the product will
|
software needs to be released that was not before, the product will
|
||||||
surely survive. In FSF's enforcement efforts, we have not yet
|
surely survive. In FSF's enforcement efforts, we have not yet
|
||||||
seen a product line die because source was released to customers in
|
seen a product line die because source was released to customers in
|
||||||
compliance with GPL.
|
compliance with the GPL.
|
||||||
|
|
||||||
\end{itemize}
|
\end{itemize}
|
||||||
|
|
||||||
|
|
Loading…
Reference in a new issue