diff --git a/Case-Study-Ethics/case-study-ethics-overview.txt b/Case-Study-Ethics/case-study-ethics-overview.txt new file mode 100644 index 0000000000000000000000000000000000000000..7dd59713bff05ff6bcb12f9bfdea975ceb6ccc48 --- /dev/null +++ b/Case-Study-Ethics/case-study-ethics-overview.txt @@ -0,0 +1,126 @@ + 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.