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  GPL Compliance Case Studies and Legal Ethics in Free Software Licensing

This one-day course presents the details of five different GPL compliance

cases handled by FSF's GPL Compliance Laboratory.  Each case offers unique

insights into problems that can arise when the terms of GPL are not

properly followed, and how diplomatic negotiation between the violator and

the copyright holder can yield positive results for both parties.

This course also includes a unit on the ethical considerations for

attorneys who want to represent clients that make use of or sell Free

Software products.

Prerequisites:

     Attendees should have successfully completely the course, a "Detailed

     Study and Analysis of GPL and LGPL", as the material from that course

     forms the building blocks for this material.

Audience:

     The course is of most interest to lawyers who have clients or

     employers that deal with Free Software on a regular basis.  However,

     technical managers and executives whose businesses use or distribute

     Free Software will also find the course very helpful.

The course will include the topics listed below, along with ample time for

questions and discussions.  Lunch is included, with a lunch speaker to be

announced.

 GPL Compliance Case Studies:

    * Overview of FSF's GPL Compliance Lab (:20)

      We present a brief introduction to the work that FSF does to enforce

      the GPL and defend the freedoms granted by Free Software.

    * GPL Violation Case Study A (1:00)

      In this case study, we consider one of the most complex and

      longest-running violations that FSF has handled.  Company A

      distributed a derivative work of the GNU Complier Collection (GCC)

      without complete corresponding source, and refused to distribute any

      source at all to anyone who was not their direct customer.  We

      follow the slow movement toward compliance and explain how FSF deals

      with sometimes belligerent violators.

    * GPL Violation Case Study B (:20)

      In this case study, we consider a contrasting violation to Case A.

      Company B, who sold a complete GNU/Linux distribution, had worked

      hard to be in compliance, but we had nevertheless found an

      infraction in their compliance efforts.  We explain how smoothly

      violations of this type can be resolved and the process that an

      otherwise friendly violator can expect.

    * GPL Violation Case Study C (:35)

      In this case study, we present a violation where an entire embedded

      GNU/Linux distribution was included in a consumer electronic device.

      We consider the problems faced regarding kernel modules for device

      drivers for government-regulated hardware, and cases where both an

      upstream provider and a downstream distributor are in violation on

      separate matters.

    * GPL Violation Case Study D (:25)

      In this case study, we consider how to handle the inevitable

      violations that can occur from a company that is generally committed

      to doing Free Software as a regular part of its business, but -- due

      to experimentation with new cutting edge business models, or because

      of mere oversights -- has occasional GPL violations or

      near-violations.

    * Good Practices for GPL Compliance (:10)

      After discussing the details of the various archetypes of GPL

      compliance efforts undertaken by FSF, we generalize what we have

      learned to advise on good practices to build a product from start to

      finish in compliance with GPL, and how to build internal policies to

      assure that your client or company is never faced with a violation

      report.

  Ethical Considerations for the Attorney Practicing Free Software

  This portion of the course will focus on ethical issues that may arise

  for attorneys counseling clients with respect to free software issues.

  Many of these topics have more general application, but specific

  discussion of the ways in which these issues may arise for free software

  clients will be presented.

     * Part I: Representing Free Software Clients (1:00)

       An attorney's ethical duties run to not just their clients, but to

       potential clients and the general public as well.  Pro bono

       representation of free software clients not only conforms with the

       principles set forth by most Bar Associations, but also provides

       many other benefits to an attorney.  Once a client is retained, the

       duty of loyalty attaches and conflicts, be they direct, indirect,

       or political, should be identified and handled.

     * Part II: Practicing Free Software (1:00)

       Differing ethical issues arise in the context of counseling a

       client who is a free software licensor as opposed to one who is a

       free software licensee.  Further still, representing a client who

       is both licensor and licensee presents a combination of all of

       these issues. Compliance investigation and enforcement strategies

       must be implemented in accordance with both the duty of loyalty and

       the duty of honesty.  Likewise, performing exposure abatement while

       also defending against charges of infringement may pose problems

       within the attorney-client relationship. The ethical considerations

       relevant to each of these situations will be presented and

       discussed.

     * Part III: More General Ethical Considerations Relevant to Free

                 Software (1:00)

       Free software counseling is but one specialty within the realm of

       intellectual property counseling in general.  A review of various

       topics of more general application, but with special relevance to

       free software counseling, will be given along with a discussion of

       the reasons why and ways in which such issues arise when

       representing free software clients.  Patent prosecution and

       governing rules considerations are two such topics.

% case-study-ethics.tex                                           -*- LaTeX -*-

%      Tutorial Text for GPL Compliance Case Studies

%                    and Legal Ethics in Free Software Licensing

%

% Copyright (C) 2004 Free Software Foundation, Inc.

% Verbatim copying and distribution of this entire document is permitted in

% any medium, provided this notice is preserved.

\documentclass[12pt]{report}

% FILTER_PS:  \input{generate-ps-file}

% FILTER_PDF: \input{generate-pdf-file}

% FILTER_HTML: \input{generate-html-file}

\input{one-inch-margins}

%\setlength\parskip{0.7em}

%\setlength\parindent{0pt}

\newcommand{\defn}[1]{\emph{#1}}

%\pagestyle{empty}

\begin{document}

\begin{titlepage}

\begin{center}

\vspace{.5in}

{\Large {\sc GPL Compliance Case Studies and Legal Ethics in Free Software

    Licensing } \\

\vspace{.7in}

Sponsored by the Free Software Foundation \\

\vspace{.3in}

Columbia Law School, New York, NY, USA \\

\vspace{.1in}

Wednesday 21 January 2003 

}

\vspace{.7in}

{\large

Bradley M. Kuhn

Executive Director

Free Software Foundation

}

\vspace{.3in}

{\large

Daniel Ravicher

Senior Counsel 

Free Software Foundation

}

\end{center}

\vfill

{\parindent 0in

Copyright \copyright{} 2004 \hspace{.2in} Free Software Foundation, Inc.

\vspace{.3in}

Verbatim copying and distribution of this entire document is permitted in

any medium, provided this notice is preserved.

}

\end{titlepage}

\pagestyle{plain}

\pagenumbering{roman}

\begin{abstract}

This one-day course presents the details of five different GPL compliance

cases handled by FSF's GPL Compliance Laboratory.  Each case offers unique

insights into problems that can arise when the terms of GPL are not

properly followed, and how diplomatic negotiation between the violator and

the copyright holder can yield positive results for both parties.

This course also includes a unit on the ethical considerations for

attorneys who want to represent clients that make use of or sell Free

Software products.

Attendees should have successfully completely the course, a ``Detailed

Study and Analysis of GPL and LGPL'', as the material from that course

forms the building blocks for this material.

The course is of most interest to lawyers who have clients or employers

that deal with Free Software on a regular basis.  However, technical

managers and executives whose businesses use or distribute Free Software

will also find the course very helpful.

\end{abstract}

\tableofcontents

\pagebreak

\pagenumbering{arabic}

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

\chapter{Overview of FSF's GPL Compliance Lab}

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

\chapter{Case Study A}

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

\chapter{Case Study B}

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

\chapter{Case Study C}

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

\chapter{Case Study D}

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

\chapter{Good Practices for Compliance}

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

\chapter{Ethical Considerations for the Attorney Practicing Free Software}

\end{document}

% LocalWords:  proprietarize redistributors sublicense yyyy Gnomovision EULAs

% LocalWords:  Yoyodyne FrontPage improvers Berne copyrightable Stallman's GPLs

% LocalWords:  Lessig Lessig's UCITA pre PDAs CDs reshifts GPL's Gentoo glibc

% LocalWords:  TrollTech administrivia LGPL's MontaVista OpenTV

#!/usr/bin/perl -w

# Copyright (C) 200, 2001  Bradley M. Kuhn

#

#    This program is free software; you can redistribute it and/or modify

#    it under the terms of the GNU General Public License as published by

#    the Free Software Foundation; either version 2 of the License, or

#    (at your option) any later version.

#

#    This program is distributed in the hope that it will be useful,

#    but WITHOUT ANY WARRANTY; without even the implied warranty of

#    MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the

#    GNU General Public License for more details.

#

#    You should have received a copy of the GNU General Public License along

#    with this program (in the file, "COPYING"; if not, write to the Free

#    Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA

#    02111-1307 USA

use strict;

use warnings;

my $type = $ARGV[0];

unless (defined $type) {

  print STDERR "usage: $0 TYPE\n";

  exit 1;

}

my $extraType;

if ($type eq "PS" || $type eq "HTML") {

  $extraType = "PS_HTML";

}

while (my $line = <STDIN>) {

  if ($line =~ /^\s*%+\s*FILTER[_\s]+$type\s*:\s+(.*)\s*$/) {

    $line = "$1\n";

  }

  if (defined $extraType and

      $line =~ /^\s*%+\s*FILTER[_\s]+$extraType\s*:\s+(.*)\s*$/) {

    $line = "$1\n";

  }

  print $line;

}

%\usepackage{html}

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%\usepackage[latex2html]{hyperref}

\newcommand\href[2]{\htmladdnormallink{#1}{#2}}

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%\input{/usr/share/texmf/tex/plain/dvips/colordvi.tex}

\usepackage[pdftex]{graphicx}

\usepackage[

pdftex=true,

latex2html=false,

pdftitle={The GNU General Public License for Businesspeople and Developers},

pdfauthor={Bradley M. Kuhn},

pdfsubject={GNU General Public License},

pdfkeywords={computer, science, free, software, freedom, licensing, licenses, GPL, GNU, general, public, license}

]{hyperref}

% I could not get this to work!

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% So I used this:

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