* Wrote about business model and compliance chapter
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@ -16,6 +16,9 @@
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(section{GPL \S 8: Excluding Unfreedonia}): Wrote section.
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(section{GPL \S 8: Excluding Unfreedonia}): Wrote section.
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Maded changes based on novalis' feedback.
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Maded changes based on novalis' feedback.
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(chapter{Odds, Ends, and Absolutely No Warranty}): Wrote chapter.
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(chapter{Odds, Ends, and Absolutely No Warranty}): Wrote chapter.
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(section{GPL \S 3: Producing Binaries}): Fixed typo.
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(chapter{Integrating the GPL into Business Practices}): Wrote
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chapter.
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2003-05-28 Bradley M. Kuhn <bkuhn@fsf.org>
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2003-05-28 Bradley M. Kuhn <bkuhn@fsf.org>
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@ -928,14 +928,14 @@ of GPL'ed binaries (which comes with corresponding source, of course), you
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have the freedom to redistribute that work at any fee you choose, or not
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have the freedom to redistribute that work at any fee you choose, or not
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at all. Sometimes, companies attempt to build a racket by producing very
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at all. Sometimes, companies attempt to build a racket by producing very
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specialized binaries (perhaps for an obscure architecture), and then
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specialized binaries (perhaps for an obscure architecture), and then
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giving source code that does corresponding, but not giving the
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giving source code that does correspond, but not giving the
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``incantations'' and build plans they used to make that source compile
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``incantations'' and build plans they used to make that source compile
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into the specialized binaries. Therefore, \S 3 that the source code
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into the specialized binaries. Therefore, \S 3 that the source code
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include ``meta-material'' like scripts, interface definitions, and other material
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include ``meta-material'' like scripts, interface definitions, and other
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that is used to ``control compilation and installation'' of the binaries.
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material that is used to ``control compilation and installation'' of the
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In this manner, those further down the distribution chain are assured that
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binaries. In this manner, those further down the distribution chain are
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they have the unabated freedom to build their own derivative works from
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assured that they have the unabated freedom to build their own derivative
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the sources provided.
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works from the sources provided.
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FSF (as authors of GPL) realizes that software distribution comes in many
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FSF (as authors of GPL) realizes that software distribution comes in many
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forms. Embedded manufacturers, for example, have the freedom to put
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forms. Embedded manufacturers, for example, have the freedom to put
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@ -1280,7 +1280,7 @@ Finally, one important point to remember when reading \S 11 is that \S 1
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permits the sale of warranty as an additional service, which \S 11
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permits the sale of warranty as an additional service, which \S 11
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affirms.
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affirms.
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\section{GPL, \S 12}
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\section{GPL, \S 12: Limitation of Liability}
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\label{GPLs12}
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\label{GPLs12}
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There are many types of warranties, and in some jurisdictions some of them
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There are many types of warranties, and in some jurisdictions some of them
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@ -1296,22 +1296,124 @@ So ends the terms and conditions of the GNU General Public License.
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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\chapter{Integrating the GPL into Business Practices}
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\chapter{Integrating the GPL into Business Practices}
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\section{Using Free Software In-House}
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Since GPL'ed software is now extremely prevalent through the industry, it
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is useful to has some basic knowledge about using GPL'ed software in
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business and how to build business models around GPL'ed software.
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\section{Using GPL'ed Software In-House}
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A discussed in Sections~\ref{GPLs0} and~\ref{GPLs5} of this tutorial, the
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GPL only governs the activities of copying, modifying and distributing the
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software are not governed by the license. Thus, in FSF's view, simply
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installing the software on a machine and using it is not controlled or
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limited in any way by GPL\@. Using Free Software in general requires
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substantially fewer agreements and less license compliance activity than
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any known proprietary software.
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Even if a company engages heavily in copying the software throughout the
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enterprise, such copying is not only permitted by \S\S 1 and 3, but it is
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encouraged! If the company simply deploy unmodified (or even modified)
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Free Software throughout the organization for its employees to use, the
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obligations under the license are very minimal. Using Free Software has a
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substantially lower cost of ownership --- both in licensing fees and in
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licensing checking and handling -- than the proprietary software
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equivalents.
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\section{Business Models}
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\section{Business Models}
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\label{Business Models}
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\label{Business Models}
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\subsection{Redistribution Sales}
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Using Free Software in house is certainly helpful, but there is also a
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thriving market for Free Software-oriented business models. There is the
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traditional model of selling copies of Free Software distributions. Many
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companies, including IBM and Red Hat, make substantial revenue from this
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model. IBM primarily chooses this model because they have found that for
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higher-end hardware, the cost of the profit made from proprietary software
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licensing fees is negligible. The real profit is in the hardware, but it is
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essential that software be stable, reliable and dependable, and the users
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be allowed to have unfettered access to it. Free Software, and GPL'ed
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software in particular (because IBM can be assured that proprietary
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versions of the same software will not exists to compete on their
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hardware) is the right choice.
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\subsection{Custom Modification on Contract}
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Red Hat has actually found that a ``convenience fee'' for Free Software,
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when set at a reasonable price (around \$60 or so), can produce some
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profit. Even though Red Hat's system is fully downloadable on their
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website, people still go to local computer stores and buy copies of their
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box set, which is simply a printed version of the manual (available under
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a free license as well) and the Free Software system it documents.
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\medskip
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However, custom support, service, and software improvement contracts are
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the most widely used models for GPL'ed software. The GPL is central to
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their success, because it ensure that the code base remains common, and
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that large and small companies are on equal footing for access to the
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technology. Consider, for example, the GNU Compiler Collection (GCC).
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Cygnus Solutions, a company started in the early 1990s, was able to grow
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steadily simply by providing services for GCC --- mostly consisting of
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porting GCC to new embedded chipset target platforms. Eventually, Cygnus
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was so successful that it was purchased by Red Hat where it remains a
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profitable division.
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However, there are very small companies like CodeSourcery, as well as
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other medium sized companies like MontaVista and OpenTV that compete in
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this space. Because the code-base is protect by GPL, it creates and
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demands industry trust. Companies can cooperate on the software and
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improve it for everyone. Meanwhile, companies who rely on GCC for their
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work are happy to pay for improvements, and for ports to new target
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platforms, and nearly all the changes fold back into the standard
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versions, and those forks that exist remain freely available.
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\medskip
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\subsection{Proprietary Relicensing}
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\label{Proprietary Relicensing}
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\label{Proprietary Relicensing}
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A final common business model that is perhaps the most controversial is
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proprietary relicensing of a GPL'ed code base. This is only an option for
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software in which a particular entity is the sole copyright holder. As
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discussed earlier in this tutorial, a copyright holder is permitted under
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copyright law to license a software system under her copyright as many
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different ways as she likes to as many different parties as she wishes.
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Some companies, such as MySQL AB and TrollTech, use this to their
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financial advantage with regard to a GPL'ed code base. The standard
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version is available from the company under the terms of the GPL\@.
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However, parties can purchase separate proprietary software licensing for
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a fee.
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This business model is problematic because it means that the GPL'ed code
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base must be developed in a somewhat monolithic way, because volunteer
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Free Software developers may be reluctant to assign their copyrights to
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the company because it will not promise to always and forever license the
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software as Free Software. Indeed, the company will surely use such code
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contributions in proprietary versions licensed for fees.
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\section{Ongoing Compliance}
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\section{Ongoing Compliance}
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GPL compliance is in fact a very simple matter -- much simpler than
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typical proprietary software agreements and EULAs. Usually, the most
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difficult hurdle is changing from a proprietary software mindset to one
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that seeks to foster a community of sharing and mutual support. Certainly
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complying with the GPL from a users' perspective gives substantially fewer
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headaches than proprietary license compliance.
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For those who go into the business of distributing or distributing
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modified versions of GPL'ed software, the burden is a bit higher, but not
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by much. The glib answer that is that it is always easy to comply with
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the GPL by releasing the whole product as Free Software. However,
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admittedly to the chagrin of FSF, many modern and complex software systems
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are built using both proprietary and GPL'ed components that are not
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legally derivative works of each other. Usually, in product development
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with Free Software tools, sometimes it is easier simply to improve
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existing GPL'ed application than to start from scratch. In exchange for
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that benefit, the license requires that the modifier give back to the
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commons that made the work easier. It is a reasonable trade-off, and it
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is a way to help build a better world while also making a profit.
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Note that FSF does provide services to assist companies who need
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assistance in complying with the GPL. You can contact FSF's GPL
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Compliance Labs at <compliance@fsf.org>.
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\appendix
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\appendix
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\chapter{The GNU General Public License}
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\chapter{The GNU General Public License}
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@ -1736,3 +1838,4 @@ General Public License instead of this License.
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% LocalWords: proprietarize redistributors sublicense yyyy Gnomovision EULAs
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% LocalWords: proprietarize redistributors sublicense yyyy Gnomovision EULAs
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% LocalWords: Yoyodyne FrontPage improvers Berne copyrightable Stallman's GPLs
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% LocalWords: Yoyodyne FrontPage improvers Berne copyrightable Stallman's GPLs
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% LocalWords: Lessig Lessig's UCITA pre PDAs CDs reshifts GPL's Gentoo
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% LocalWords: Lessig Lessig's UCITA pre PDAs CDs reshifts GPL's Gentoo
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% LocalWords: TrollTech
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