diff --git a/compliance-guide.tex b/compliance-guide.tex index 7769a0aa1e22c7a08334e0981e1b99603e26aa4b..9421941827e26c57bcf0784f517944bf9dc9e2c5 100644 --- a/compliance-guide.tex +++ b/compliance-guide.tex @@ -1050,43 +1050,36 @@ generally find that software freedom developers and their lawyers are willing to have a reasonable dialogue and will work with you to resolve a violation once you open the channels of communication in a friendly way. -%FIXME-URGENT: integrate - - Assume preparation on the complainant’s side. The organizations - traditionally bringing complaints of copyleft non-compliance all - fully investigate and verify complaints referred to them before making - contact with apparently non-complying parties. Complainants will be - prepared to substantiate the facts on which their complaint is based. - - -%FIXME-URGENT: integrate - - - Let engineers be a part of the process. The most time-consuming and - difficult part of resolving most compliance matters, in our experience, - is verifying that source code is indeed complete and - corresponding. Without direct contact between software engineers on both - sides, the resolution of the technical issues involved in demonstrating - that the binary distributed was built from the source provided is likely - to be tortuous, expensive, and potentially tense. Counsel are - understandably reluctant to expose their client’s employees to direct - inquiry from potentially hostile parties. But facilitated exchanges of - information among software engineers communicating on technical subjects - shortens the time to resolution, substantially reduces the cost of - reaching resolution, and prevents unnecessary escalation due to mutual - misunderstanding. - -%FIXME-URGENT: integrate - - Use compliance discussions to improve relationships. Development - communities make software to benefit users, which includes you. When you - use copylefted community software in your products, you are an important - and valuable part of the commons, from the developers’ point of - view. Resolving a compliance matter is an occasion to strengthen your - relationship to the commons, by increasing communication between your - engineers and the project whose output you use for business benefit. - - %FIXME-URGENT: END +Furthermore, if the complaint comes from a CEGEO, assume they are +well-prepared. CEGEO's fully investigate compliance issues before raising +the issue. The claims and concerns will be substantiated, and immediate +denials will likely lead the CEGEO to suspect malice rather than honest +mistake. + +However, the biggest and most perennial mistake that all CEGEOs see during +enforcement is this: failure to include the violators' software development +teams in the enforcement discussions and negotiations. As described above, +CCS verification and approval is the most time-consuming and difficult part +of resolving most compliance matters. Without direct contact between +software developers on both sides, the resolution of the technical issues +involved in demonstrating that the binary distributed was built from the +source provided is likely to be tortuous, expensive, and tense. Your lawyers +will certainly be understandably reluctant to expose your employees to direct +inquiry from potentially adverse parties. However, facilitated exchanges of +information among software engineers communicating on technical subjects +shortens the time to resolution, substantially reduces the cost of reaching +resolution, and prevents unnecessary escalation due to mutual +misunderstanding. Furthermore, such frank technical discussion will often be +the only way to avoid compliance litigation once a violation has occurred. + +Fortunately, these frank discussions will improve your company's +relationships. Free Software development communities improve software to +benefit everyone, which includes you and your company. When you use +copylefted community software in your products, you are part of that +community. Therefore, resolving a compliance matter is an occasion to +strengthen your relationship to the community, by increasing communication +between your developers and the project whose work you use for business +benefit. \section{Termination}