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Bradley Kuhn (bkuhn) - 10 years ago 2014-12-03 01:48:42
bkuhn@ebb.org
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compliance-guide.tex
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@@ -1421,65 +1421,65 @@ their living as a ``hired gun'' consultant to find GPL violations and offer
 
to ``fix them'' for companies.  Other such operators hold copyrights in some
 
key piece of copylefted software and enforce as a mechanism to find out who
 
is most likely to fund improvements on the software.
 

	
 
A few companies report that they have formed beneficial consulting or
 
employment relationships with developers they first encountered through
 
enforcement.  In some such cases, companies have worked with such consultants
 
to alter the mode of use of the project's code in the company's products.
 
More often in these cases, the communication channels opened in the course of
 
the inquiry served other consulting purposes later.
 

	
 
Feelings and opinions about this behavior are mixed within the larger
 
copyleft community.  Some see it as a reasonable business model and others
 
renounce it as corrupt behavior.  Regardless, a GPL
 
violator should always immediately determine the motivations of the
 
enforcer via documented, verifiable facts.  For example, COGEOs such as the FSF and Conservancy have made substantial
 
public commitments to enforce in a way that is uniform, transparent, and
 
publicly documented.  Furthermore, since these specific organizations are
 
public charities in the USA, they
 
are accountable to the IRS (and the public at large) in their annual Form 990
 
filings.   Everyone may examine their revenue models and scrutinize their
 
work.
 

	
 
However, entities and individuals who do GPL enforcement centered primarily
 
around a profit motive are likely the most dangerous enforcement entities for
 
one simple reason: an agreement to comply fully with the GPL for past and
 
future products --- always the paramount goal to COGEOs --- may not suffice as
 
adequate resolution for a proprietary relicensing company or grey hat GPL
 
enforcer.  Therefore, violators must consider carefully who has
 
made the enforcement inquiry and ask when and where the enforcer made public
 
commitments and reports regarding their enforcement work and perhaps even ask
 
the enforcer to directly mimic CEOGEO's detailed public disclosures and
 
follow the \hypperref[enforcement-standard-requests]{standard requests for
 
follow the \hyperref[enforcement-standard-requests]{standard requests for
 
  resolution} found in this document.
 

	
 
\chapter{Conclusion}
 

	
 
GPL compliance need not be an onerous process.  Historically, struggles
 
have been the result of poor development methodologies and communications,
 
rather than any unexpected application of the GPL's source code disclosure
 
requirements.
 

	
 
Compliance is straightforward when the entirety of your enterprise is
 
well-informed and well-coordinated.  The receptionists should know how to
 
route a GPL source request or accusation of infringement.  The lawyers
 
should know the basic provisions of Free Software licenses and your source
 
disclosure requirements, and should explain those details to the software
 
developers.  The software developers should use a version control system
 
that allows them to associate versions of source with distributed
 
binaries, have a well-documented build process that anyone skilled in the
 
art can understand, and inform the lawyers when they bring in new
 
software.  Managers should build systems and procedures that keep everyone
 
on target.  With these practices in place, any organization can comply
 
with the GPL without serious effort, and receive the substantial benefits
 
of good citizenship in the software freedom community, and lots of great code
 
ready-made for their products.
 

	
 
\vfill
 

	
 
% LocalWords:  redistributors NeXT's Slashdot Welte gpl ISC embedders BusyBox
 
% LocalWords:  someone's downloadable subdirectory subdirectories filesystem
 
% LocalWords:  roadmap README upstream's Ravicher's FOSSology readme CDs iPhone
 
% LocalWords:  makefiles violator's Michlmayr Stallman RMS GPL'd Harald LGPL
 
%%  LocalWords:  GPL's resellers copylefted sublicenses GPLv unmanaged MySQL
 
%%  LocalWords:  misassessments licensor COGEOs COGEO LGPLv CCS Requestors
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