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compliance-guide.tex
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@@ -153,193 +153,193 @@ 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.
 

	
 
Admittedly, a tiny
 
minority of situations which lie outside these two categories, and thus
 
do involve close questions about derivative and combined works.  Those
 
situations admittedly do require a highly
 
fact-dependent analysis and cannot be addressed in a general-purpose
 
document, anyway.
 

	
 
\medskip
 

	
 
Most companies accused of violations lack a basic understanding
 
of how to comply even in the former straightforward scenario.  This document
 
provides those companies with the fundamental and generally applicable prerequisite knowledge.
 
For answers to rarer and more complicated legal questions, such as whether
 
your software is a derivative or combined work of some copylefted software, consult
 
with an attorney.\footnote{If you would like more information on the
 
  application of derivative works doctrine to software, a detailed legal
 
  discussion is presented in our colleague Dan Ravicher's article,
 
  \textit{Software Derivative Work: A Circuit Dependent Determination} and in
 
  \tutorialpartsplit{\textit{Detailed Analysis of the GNU GPL and Related
 
      Licenses}'s Section on derivative works}{\S~\ref{derivative-works} of
 
    this tutorial}.}
 

	
 
This discussion thus assumes that you have already identified the
 
``work'' covered by the license, and that any components not under the GPL
 
(e.g., applications written entirely by your developers that merely happen
 
to run on a Linux-based operating system) distributed in conjunction with
 
those works are separate works within the meaning of copyright law and the GPL\@.  In
 
such a case, the GPL requires you to provide complete corresponding
 
source (CCS)\footnote{For more on CCS,  see
 
\tutorialpartsplit{\textit{Detailed Analysis of the GNU GPL and Related
 
      Licenses}'s Section on GPLv2~\S2 and GPLv3~\S1.}{\S~\ref{GPLv2s2} and \S~\ref{GPLv3s1} of
 
    this tutorial}.}
 
for the GPL'd components and your modifications thereto, but not
 
for independent proprietary applications.  The procedures described in
 
this document address this typical scenario.
 

	
 
\section{Monitor Software Acquisition}
 

	
 
Software engineers deserve the freedom to innovate and import useful
 
software components to improve products.  However, along with that
 
freedom should come rules and reporting procedures to make sure that you
 
are aware of what software that you include with your product.
 

	
 
The most typical response to an initial enforcement action is: ``We
 
didn't know there was GPL'd stuff in there''.  This answer indicates
 
failure in the software acquisition and procurement process.  Integration
 
of third-party proprietary software typically requires a formal
 
arrangement and management/legal oversight before the developers
 
incorporate the software.  By contrast, developers often obtain and
 
integrate Free Software without intervention nor oversight. That ease of acquisition, however,
 
does not mean the oversight is any less necessary.  Just as your legal
 
and/or management team negotiates terms for inclusion of any proprietary
 
software, they should gently facilitate all decisions to bring Free Software into your
 
product.
 

	
 
Simple, engineering-oriented rules help provide a stable foundation for
 
Free Software integration.  For example, simply ask your software developers to send an email to a
 
standard place describing each new Free Software component they add to the system,
 
and have them include a brief description of how they will incorporate it
 
into the product.  Further, make sure developers use a revision control
 
system (such as Git or Mercurial), and have
 
store the upstream versions of all software in a ``vendor branch'' or
 
similar mechanism, whereby they can easily track and find the main version
 
of the software and, separately, any local changes.
 

	
 
Such procedures are best instituted at your project's launch.  Once 
 
chaotic and poorly-sourced development processes begin, cataloging the
 
presence of GPL'd components  becomes challenging.
 

	
 
Such a situation often requires use of a tool to ``catch up'' your knowledge
 
about what software your product includes.  Most commonly, companies choose
 
some software licensing scanning tool to inspect the codebase.  However,
 
there are few tools that are themselves Free Software.  Thus, GPL enforcers
 
usually recommend the GPL'd
 
\href{http://fossology.org/}{Fossology system}, which analyzes a
 
source code base and produces a list of Free Software licenses that may apply to
 
the code.  Fossology can help you build a catalog of the sources you have
 
already used to build your product.  You can then expand that into a more
 
structured inventory and process.
 

	
 
\section{Track Your Changes and Releases}
 

	
 
As explained in further detail below, the most important component of GPL
 
compliance is the one most often ignored: proper inclusion of CCS in all
 
distributions  of GPL'd
 
software.  To comply with GPL's CCS requirements, the distributor
 
\textit{must} always know precisely what sources generated a given binary
 
distribution.
 

	
 
In an unfortunately large number of our enforcement cases, the violating
 
company's engineering team had difficulty reconstructing the CCS
 
for binaries distributed by the company.  Here are three simple rules to
 
follow to decrease the likelihood of this occurance:
 
follow to decrease the likelihood of this occurrence:
 

	
 
\begin{itemize}
 

	
 
\item Ensure that your
 
developers are using revision control systems properly.
 

	
 
\item Have developers mark or ``tag'' the full source tree corresponding to
 
  builds distributed to customers
 

	
 
\item Check that your developers store all parts of the software
 
development in the revision control system, including {\sc readme}s, build
 
scripts, engineers' notes, and documentation.
 
\end{itemize}
 

	
 
Your developers will benefit anyway from these rules.  Developers will be
 
happier in their jobs if their tools already track the precise version of
 
source that corresponds to any deployed binary.
 

	
 
\section{Avoid the ``Build Guru''}
 

	
 
Too many software projects rely on only one or a very few team members who
 
know how to build and assemble the final released product.  Such knowledge
 
centralization not only creates engineering redundancy issues, but also
 
thwarts GPL compliance.  Specifically, CCS does not just require source code,
 
but scripts and other material that explain how to control compilation and
 
installation of the executable and object code.
 

	
 
Thus, avoid relying on a ``build guru'', a single developer who is the only one
 
who knows how to produce your final product. Make sure the build process
 
is well defined.  Train every developer on the build process for the final
 
binary distribution, including (in the case of embedded software)
 
generating a final firmware image suitable for distribution to the
 
customer.  Require developers to use revision control for build processes.
 
Make a rule that adding new components to the system without adequate
 
build instructions (or better yet, scripts) is unacceptable engineering
 
practice.
 

	
 
\chapter{Details of Compliant Distribution}
 

	
 
This section explains the specific requirements placed upon
 
distributors of GPL'd software.  Note that this section refers heavily to
 
specific provisions and language in
 
\href{http://www.gnu.org/licenses/old-licenses/gpl-2.0.html#section3}{GPLv2}
 
and \href{http://www.fsf.org/licensing/licenses/gpl.html#section6}{GPLv3}.
 
It may be helpful to have a copy of each license open while reading this
 
section.
 

	
 
\section{Binary Distribution Permission}
 
\label{binary-distribution-permission}
 

	
 
% be careful below, you cannot refill the \if section, so don't refill
 
% this paragraph without care.
 

	
 
The various versions of the GPL are copyright licenses that grant
 
permission to make certain uses of software that are otherwise restricted
 
by copyright law.  This permission is conditioned upon compliance with the
 
GPL's requirements.
 

	
 
This section walks through the requirements (of both GPLv2 and GPLv3) that
 
apply when you distribute GPL'd programs in binary (i.e., executable or
 
object code) form, which is typical for embedded applications.  Because a
 
binary application derives from a program's original sources, you need
 
permission from the copyright holder to distribute it.  \S~3 of GPLv2 and
 
\S~6 of GPLv3 contain the permissions and conditions related to binary
 
distributions of GPL'd programs.\footnote{These sections cannot be fully
 
  understood in isolation; read the entire license thoroughly before
 
  focusing on any particular provision.  However, once you have read and
 
  understood the entire license, look to these sections to guide
 
  compliance for binary distributions.}
 

	
 
GPL's binary distribution sections offer a choice of compliance methods,
 
each of which we consider in turn.  Each option refers to the
 
``Corresponding Source'' code for the binary distribution, which includes
 
the source code from which the binary was produced.  This abbreviated and
 
simplified definition is sufficient for the binary distribution discussion
 
in this section, but you may wish to refer back to this section after
 
reading the thorough discussion of ``Corresponding Source'' that appears
 
in \S~\ref{corresponding-source}.
 

	
 
\subsection{Option (a): Source Alongside Binary}
 

	
 
GPLv2~\S~3(a) and v3~\S~6(a) embody the easiest option for providing
 
source code: including Corresponding Source with every binary
 
distribution.  While other options appear initially less onerous, this
 
option invariably minimizes potential compliance problems, because when
 
you distribute Corresponding Source with the binary, \emph{your GPL
 
  obligations are satisfied at the time of distribution}.  This is not
 
true of other options, and for this reason, we urge you to seriously
 
consider this option.  If you do not, you may extend the duration of your
 
obligations far beyond your last binary distribution.
 

	
 
Compliance under this option is straightforward.  If you ship a product
 
that includes binary copies of GPL'd software (e.g., in firmware, or on a
 
hard drive, CD, or other permanent storage medium), you can store the
 
Corresponding Source alongside the binaries.  Alternatively, you can
 
include the source on a CD or other removable storage medium in the box