Changeset - 2e4dac47f8a4
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-21 16:54:57
bkuhn@ebb.org
Section still needs work, but this is better.
1 file changed with 21 insertions and 9 deletions:
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compliance-guide.tex
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@@ -744,21 +744,33 @@ generalizations and do not all apply to every alleged violation.
 

	
 
\section{Understanding Who's Enforcing}
 
\label{compliance-understanding-whos-enforcing}
 
% FIXME: this text needs work.
 
% FIXME-LATER: this text needs work.
 

	
 
At FSF, it is part of the mission to spread software freedom. When FSF
 
Both  FSF and Conservancy has, as part their mission,  to spread software
 
freedom. When FSF or Conservancy
 
enforces GPL, the goal is to bring the violator back into compliance as
 
quickly as possible, and redress the damage caused by the violation.
 
That is FSF's steadfast position in a violation negotiation --- comply
 
with the license and respect freedom.
 

	
 
However, other entities who do not share the full ethos of software
 
freedom as institutionalized by FSF pursue GPL violations differently.
 
MySQL AB, a company that produces the GPL'd MySQL database, upon
 
discovering GPL violations typically negotiates a proprietary software
 
license separately for a fee. While this practice is not one that FSF
 
would ever consider undertaking or even endorsing, it is a legal way for
 
copyright holders to proceed.
 
However, other entities who do not share the full ethos of software freedom
 
as institutionalized by FSF pursue GPL violations differently.  Oracle, a
 
company that produces the GPL'd MySQL database, upon discovering GPL
 
violations typically negotiates a proprietary software license separately for
 
a fee.  While this practice is not one that FSF nor Conservancy would ever
 
consider undertaking or even endorsing, it is a legally way for copyright
 
holders to proceed.
 

	
 
Generally, GPL enforcers come in two varieties.  First, there are
 
Conservancy, FSF, and other ``community enforcers'', who primary seek the
 
policy goals of GPL (software freedom), and see financial compensation as
 
ultimately secondary to those goals.  Second, there are ``for-profit
 
enforcers'' who use the GPL as a either a crippleware license, or sneakily
 
induce infringement merely to gain proprietary licensing revenue.
 

	
 
Note that the latter model \texit{only} works for companies who hold 100\% of
 
the copyrights in the infringed work.  As such, multi-copyright-held works
 
are fully insulated from these tactics.
 

	
 

	
 
\section{Communication Is Key}
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