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compliance-guide.tex
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@@ -112,49 +112,49 @@ freedom community.  While the GPL's requirements may initially appear
 
counter-intuitive to those more familiar with proprietary software
 
licenses, by comparison, its terms are in fact clear and quite favorable to
 
licensees.  Indeed, the GPL's terms actually simplify compliance when
 
violations occur.
 

	
 
GPL violations occur (or, are compounded) most often when companies lack sound
 
practices for the incorporation of GPL'd components into their
 
internal development environment.  This section introduces some best
 
practices for software tool selection, integration and distribution,
 
inspired by and congruent with software freedom methodologies.  Companies should
 
establish such practices before building a product based on GPL'd
 
software.\footnote{This document addresses compliance with GPLv2,
 
  GPLv3, LGPLv2, and LGPLv3.  Advice on avoiding the most common
 
  errors differs little for compliance with these four licenses.
 
  \S~\ref{lgpl} discusses the key differences between GPL and LGPL
 
  compliance.}
 

	
 
\section{Evaluate License Applicability}
 
\label{derivative-works}
 
Political discussion about the GPL often centers around the ``copyleft''
 
requirements of the license.  Indeed, the license was designed primarily
 
to embody this licensing feature.  Most companies adding non-trivial
 
features (beyond mere porting and bug-fixing) to GPL'd software (and
 
thereby invoking these requirements) are already well aware of their
 
more complex obligations under the license.\footnote{While, there has been much legal
 
more complex obligations under the license.\footnote{There has been much legal
 
  discussion regarding copyleft and derivative works.  In practical
 
  reality, this issue is not relevant to the vast majority of companies
 
  distributing GPL'd software.  Those interested in this issue should study
 
  \tutorialpartsplit{\textit{Detailed Analysis of the GNU GPL and Related
 
      Licenses}'s Section on derivative works}{\S~\ref{derivative-works} of
 
    this tutorial}.}
 

	
 
However, experienced  GPL enforcers find that few redistributors'
 
compliance challenges relate directly to the copyleft provisions; this is
 
particularly true for most embedders.  Instead, the distributions of GPL'd
 
systems most often encountered typically consist of a full operating system
 
including components under the GPL (e.g., Linux, BusyBox) and components
 
under the LGPL (e.g., the GNU C Library).  Sometimes, these programs have
 
been patched or slightly improved by direct modification of their sources,
 
resulting unequivocally in a derivative work.  Alongside these programs,
 
companies often distribute fully independent, proprietary programs,
 
developed from scratch, which are designed to run on the Free Software operating
 
system but do not combine with, link to, modify, derive from, or otherwise
 
create a combined work with
 
the GPL'd components.\footnote{However, these programs do often combine
 
  with LGPL'd libraries. This is discussed in detail in \S~\ref{lgpl}.}
 
In the latter case, where the work is unquestionably a separate work of
 
creative expression, no copyleft provisions are invoked.