File diff 9e27cbe2b08d → d622ef22d108
compliance-guide.tex
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@@ -798,25 +798,25 @@ 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
 
once you open the channels of communication in a friendly way.
 

	
 
\section{Termination}
 

	
 
Many redistributors overlook GPL's termination provision (GPLv2~\S~4 and
 
Many redistributors overlook the GPL's termination provision (GPLv2~\S~4 and
 
GPLv3~\S~8).  Under v2, violators forfeit their rights to redistribute and
 
modify the GPL'd software until those rights are explicitly reinstated by
 
the copyright holder.  In contrast, v3 allows violators to rapidly resolve
 
some violations without consequence.
 

	
 
If you have redistributed an application under GPLv2\footnote{This applies
 
  to all programs licensed to you under only GPLv2 (``GPLv2-only'').
 
  However, most so-called GPLv2 programs are actually distributed with
 
  permission to redistribute under GPLv2 \emph{or any later version of the
 
    GPL} (``GPLv2-or-later'').  In the latter cases, the redistributor can
 
  choose to redistribute under GPLv2, GPLv3, GPLv2-or-later or even
 
  GPLv3-or-later.  Where the redistributor has chosen v2 explicitly, the
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@@ -871,38 +871,38 @@ As we noted above, different copyright holders have different requirements
 
for reinstating a violator's distribution rights.  Upon violation, you no
 
longer have a license under the GPL\@.  Copyright holders can therefore
 
set their own requirements outside the license before reinstatement of
 
rights.  We have collected below a list of reinstatement demands that
 
copyright holders often require.
 

	
 
\begin{itemize}
 

	
 
\item {\bf Compliance on all Free Software copyrights}.  Copyright holders of Free Software
 
  often want a company to demonstrate compliance for all GPL'd software in
 
  a distribution, not just their own.  A copyright holder may refuse to
 
  reinstate your right to distribute one program unless and until you
 
  comply with the licenses of all Open Source and Free Software in your distribution.
 
  comply with the licenses of all Free Software in your distribution.
 
 
 
\item {\bf Notification to past recipients}.  Users to whom you previously
 
  distributed non-compliant software should receive a communication
 
  (email, letter, bill insert, etc.) indicating the violation, describing
 
  their rights under GPL, and informing them how to obtain a gratis source
 
  their rights under the GPL, and informing them how to obtain a gratis source
 
  distribution.  If a customer list does not exist (such as in reseller
 
  situations), an alternative form of notice may be required (such as a
 
  magazine advertisement).
 

	
 
\item {\bf Appointment of a GPL Compliance Officer.}  The software freedom community
 
  values personal accountability when things go wrong.  Copyright holders
 
  often require that you name someone within the violating company
 
  officially responsible for Open Source and Free Software license compliance, and that this
 
  officially responsible for Free Software license compliance, and that this
 
  individual serve as the key public contact for the community when
 
  compliance concerns arise.
 

	
 
\item {\bf Periodic Compliance Reports.}  Many copyright holders wish to
 
  monitor future compliance for some period of time after the violation.
 
  For some period, your company may be required to send regular reports on
 
  how many distributions of binary and source have occurred.
 
\end{itemize}
 

	
 
These are just a few possible requirements for reinstatement.  In the
 
context of a GPL violation, and particularly under v2's termination
 
provision, the copyright holder may have a range of requests in exchange