Changeset - f5aaaca4ec52
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-21 01:40:25
bkuhn@ebb.org
Wordsmith
1 file changed with 2 insertions and 2 deletions:
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compliance-guide.tex
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@@ -756,50 +756,50 @@ 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.  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}
 

	
 
GPL violations are typically only escalated when a company ignores the
 
copyright holder's initial communication or fails to work toward timely
 
compliance.  We urge accused violators to respond very promptly to the
 
initial request.  As the process continues, follow up weekly with the
 
compliance.  Accused violators should respond very promptly to the
 
initial request.  As the process continues, violators should follow up weekly with the
 
copyright holders to make sure everyone agrees on targets and deadlines
 
for resolving the situation.
 

	
 
Ensure that any staff who might receive communications regarding alleged
 
GPL violations understands how to channel the communication appropriately
 
within your organization.  Often, initial contact is addressed for general
 
correspondence (e.g., by mail to corporate headquarters or by e-mail to
 
general informational or support-related addresses).  Train the staff that
 
processes such communications to escalate them to someone with authority
 
to take action.  An unknowledgable response to such an inquiry (e.g., from
 
a first-level technical support person) can cause negotiations to fail
 
prematurely.
 

	
 
Answer promptly by multiple means (paper letter, telephone call, and
 
email), even if your response merely notifies the sender that you are
 
investigating the situation and will respond by a certain date.  Do not
 
let the conversation lapse until the situation is fully resolved.
 
Proactively follow up with synchronous communication means to be sure
 
communications sent by non-reliable means (such as email) were received.
 

	
 
Remember that the software freedom community generally values open communication and
 
cooperation, and these values extend to GPL enforcement.  You will
 
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
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