Changeset - 8899d0d08d22
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Bradley Kuhn (bkuhn) - 8 years ago 2015-11-29 20:00:02
bkuhn@ebb.org
Change title of page to reflect Copyleft generally
3 files changed with 4 insertions and 4 deletions:
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www/conservancy/static/copyleft-compliance/about.html
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{% extends "base_compliance.html" %}
 
{% block subtitle %}GPL Compliance Project For Linux Developers - {% endblock %}
 
{% block subtitle %}Copyleft Compliance Projects - {% endblock %}
 
{% block submenuselection %}AboutCompliance{% endblock %}
 
{% block content %}
 
<h1>GPL Compliance Project for Linux Developers</h1>
 
<h1>Conservancy's Copyleft Compliance Projects</h1>
 

	
 
<p>The GPL Compliance Project for Linux Developers is comprised of copyright
 
holders in the kernel, Linux, who have contributed to Linux under its
 
license, <a href="http://www.gnu.org/licenses/gpl-2.0.html">the
 
GPLv2</a>. These copyright holders have formally asked Conservancy to engage
 
in compliance efforts for their copyrights in the Linux kernel.</p>
 

	
 
<p>Historically, Conservancy was well-known for its ongoing license
 
compliance efforts on behalf of its BusyBox member project.  In May
 
2012, <a href="https://sfconservancy.org/news/2012/may/29/compliance/">Conservancy
 
announced a coordinated compliance effort</a> on behalf of its BusyBox and
 
Samba projects, and also launched this unique project, called the <cite>GPL
 
Compliance Project for Linux Developers</cite>, which handles compliance and
 
enforcement activities on behalf of more than a dozen Linux copyright
 
holders.</p>
 
 
 
<p>Conservancy's GPL Compliance Project is run in a collaborative manner with
 
the project developers.  All copyright holders involved have the opportunity
 
to give input and guidance on Conservancy's strategy in dealing with
 
compliance issues.  Thus, all Conservancy's compliance matter have full
 
support of relevant copyright holders.</p>
 

	
 
<p>Conservancy is dedicated to encouraging all users of software to comply
 
  with Free Software licenses. Toward this goal, in its compliance efforts,
 
  Conservancy helps distributors of Free Software in a friendly spirit of
 
  cooperation and participation.  In this spirit, Conservancy also sponsors
 
  the <a href="https://copyleft.org/guide/"><cite>Copyleft and the GNU
 
  General Public License:A Comprehensive Tutorial and Guide</cite></a>, in
 
  collaboration with the Free Software Foundation (FSF),
 
  which <a href="/news/2014/nov/07/copyleft-org/">Conservancy formally
 
  launched in fall 2014</a>.  The Guide includes tutorial materials about
 
  copyleft and compliance with copyleft licenses,
 
  including <a href="https://copyleft.org/guide/comprehensive-gpl-guidepa2.html"><cite>A
 
  Practical Guide to GPL Compliance</cite></a>.  The materials
 
  on <a href="https://copyleft.org/">copyleft.org</a> have been developed and
 
  improved since 2002, and are themselves copylefted, and developed
 
  collaboratively in public.</p>
 

	
 
<p>However, the Guide is admittedly a large document, so for those who are
 
  interested in a short summary of describing how Conservancy handles GPL
 
  enforcement and compliance
 
  work, <a href="https://sfconservancy.org/blog/2012/feb/01/gpl-enforcement/">this
 
  blog post outlining the compliance process</a> is likely the best source.</p>
 

	
 
<p>If you are aware of a license violation or compliance issue regarding
 
  Linux, or
 
  any <a href="https://sfconservancy.org/members/current/">Conservancy member
 
  project</a> (and in particular BusyBox, Evergreen, Inkscape, Mercurial,
 
  Samba, Sugar Labs, or Wine),
 
  please <a href="mailto:compliance@sfconservancy.org">contact us by email at
 
  &lt;compliance@sfconservancy.org&gt;</a>.</p>
 

	
 
<p>Finally, Conservancy welcomes <a href="#donate-box"
 
  class="donate-now">donations</a> in support of the GPL Compliance Project
 
  for Linux Developers.  Just use the <a href="#donate-box"
 
  class="donate-now">PayPal link on this page or any of our other donation
 
  methods listed</a>.  Be sure to mention &ldquo;GPL Compliance Project for
 
  Linux Developers&rdquo; in the memo line or description field of the
 
  donation.</p>
 
</div>
 
{% endblock %}
www/conservancy/static/copyleft-compliance/vmware-lawsuit-appeal.html
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{% extends "base_compliance.html" %}
 
{% block subtitle %}GPL Compliance Project For Linux Developers - {% endblock %}
 
{% block subtitle %}Copyleft Compliance Projects - {% endblock %}
 
{% block submenuselection %}VMwareLawsuitAppeal{% endblock %}
 
{% block content %}
 
<h2>The time has come to stand up for the GPL.</h2>
 

	
 
<p><em>Last month, Conservancy <a href="/news/2015/mar/05/vmware-lawsuit/">announced Christoph Hellwig's
 
    lawsuit against VMware in Germany</a>.  Help us meet our anonymous match to 
 
    support Conservancy's and Christoph's efforts in this area
 
    by <a href="https://sfconservancy.org/supporter/">becoming a Conservancy
 
    supporter</a> or <a href="#donate-box" class="donate-now">donating via
 
    the link on the right</a>.</em></p>
 

	
 

	
 
<p>We were told to ask nicely and repeatedly, so we did.</p>
 

	
 
<p>We asked allies to help us make contact in friendly and professional
 
  ways.</p>
 

	
 
<p>Everyone asked us to give companies as many chances as possible and as
 
  much help as possible to comply with copyleft, so we did.</p>
 

	
 
<p>We've worked for years to help VMware comply with the GPL, but they
 
refuse. Negotiations broke down for the last time when they insisted on an 
 
NDA just to discuss settlement terms!</p>
 

	
 
<p>Christoph is among the most active developers of Linux.  As of Feburary 
 
19, 2015, Christoph has contributed 279,653 lines of code to the Linux kernel, 
 
and ranks 20th among the 1,340 developers involved in the latest 3.19 kernel 
 
release.  Christoph also
 
ranks 4th among those who have reviewed third-party source code, tirelessly
 
corrected and commented on other developers' contributions.  Christoph
 
licenses his code to the public under the terms of the GPL for practical and
 
ideological reasons.  VMware, a company with net revenue of over $1 billion
 
and over 14,000 employees, ignored Christoph's choice.  They took Christoph's
 
code from Linux and modified it to work with their own kernel without releasing
 
source code of the resulting complete work.  This is precisely the kind of
 
activity Christoph and other kernel developers seek to prevent by choosing
 
the GPL.  The GPL was written to prevent this specific scenario!</p>
 

	
 
<h3>This is a matter of principle.</h3>
 

	
 
<p>Free and open source software is everywhere and in everything; yet our
 
  software freedom is constantly eroded.</p>
 

	
 
<p>We want companies to incorporate our software into new products, but there
 
are a few simple rules.  Copylefted free software is so prevalent because
 
there's no way a company can compete without using a significant amount of
 
free software to bring products to market in reasonable time. They get so
 
much benefit from our work.  Allowing the whole community to review, use,
 
improve and work with the code seems very little to ask in return.  Copyleft
 
also ensures competitors cannot undercut those who contribute.  Without active enforcement, the GPL is
 
effectively no different from a non-copyleft license.</p>
 

	
 
<p>What point is there for companies to make sure that they're compliant if
 
there are no consequences when the GPL is violated? Many will continue to
 
ignore the rules without enforcement.  We know that there are so many
 
companies that willingly comply and embrace GPL as part of their business.
 
Some are temporarily out of compliance and need to be brought up to speed,
 
but willingly comply once they realize there is an issue.  Sadly, VMware sits
 
in the rare but infamous class of perpetually non-compliant companies. VMware
 
has been aware of their noncompliance for years but actively refuses to do
 
the right thing.  Help us do right by those who take the code in the spirit
 
it was given and comply with copyleft, and stop those don't.</p>
 

	
 
<p>We know that copyleft isn't a favorite licensing strategy for some in our
 
community.  Even so, this case will help bring clarity on the question of
 
combined and derivative works, and is essential to the future of all software
 
freedom.  This case deserves support from copyleft and non-copyleft free
 
software communities alike.</p>
 

	
 
<h3>Show you care</h3>
 

	
 
<p>Bad actors have become complacent because they think you don't care.  A
 
  strong show of public support for Conservancy and Christoph's position will
 
  help our legal case and demonstrate the interpretive context for it.
 
  Please <a href="#donate-box" class="donate-now">donate</a> to our campaign to enforce the GPL.  Help Conservancy
 
  increase its number of individual donors, so we have clear evidence to show
 
  bad actors that the GPL matters to the individuals in our community.
 
  After you <a href="#donate-box" class="donate-now">donate</a>, go and tell the world: &ldquo;Play by the rules, @VMware. I defend the #GPL with Christoph &amp; @Conservancy. #DTRTvmware  Help at https://sfconservancy.org/supporter/ &rdquo; on your blog or microblog.
 
  </p>
 

	
 

	
 
<h3>Isn't the combined works and/or derivative works question a legal grey area?</h3>
 

	
 
<p>We don't think so, but this case will let the court to decide that question.
 
Either way, it's beneficial to our entire community to find out what the
 
judges think.  (Check out our <a href="/linux-compliance/vmware-lawsuit-faq.html">FAQ to find out more
 
information</a>.)</p>
 

	
 
<p>Help us pay for this expensive lawsuit and to generally defend software
 
  freedom and the GPL.  Help us show the world that copyleft matters.  We are excited 
 
  to announce that we already reached an anonymous match for this campaign, where every dollar donated 
 
  was matched up to $50,000. However, that $100,000 is just an initial step
 
  and there is so much GPL enforcement work to do.  So, please
 
  donate now: by becoming <a href="/supporter/">a Conservancy Supporter</a> or
 
  via <a href="#donate-box" class="donate-now">donate link on the right</a>.</p>
 

	
www/conservancy/static/copyleft-compliance/vmware-lawsuit-faq.html
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{% extends "base_compliance.html" %}
 
{% block subtitle %}GPL Compliance Project For Linux Developers - {% endblock %}
 
{% block subtitle %}Copyleft Compliance Projects - {% endblock %}
 
{% block submenuselection %}VMwareLawsuitFAQ{% endblock %}
 
{% block content %}
 
<h1>Frequently Asked Questions about Christoph Hellwig's VMware Lawsuit</h1>
 

	
 
<p>Conservancy maintains this
 
  <abbr title="Frequently Asked Questions">FAQ</abbr> list regarding
 
  <a href="/news/2015/mar/05/vmware-lawsuit/">Christoph Hellwig's lawsuit against VMware
 
  in Germany over alleged GPL violations on Linux</a> as a service to the
 
  Free Software community, and in particular, the copyleft community.  Conservancy
 
  realizes this lawsuit generates many questions and interest
 
  from the community.  Legal counsel (both Conservancy's own, and
 
  Christoph's lawyer, Till Jaeger) correctly advise us to limit our public
 
  comments regarding specific details of the case while litigation remains
 
  pending in court.  Nevertheless, Conservancy, as a
 
  non-profit charity serving the public good, seeks to be as transparent as
 
  possible.  If you have additional questions you'd like to see answered
 
  here, please <a href="mailto:info@sfconservancy.org">email
 
  &lt;info@sfconservancy.org&gt;</a>, but understand that we may often need
 
  to answer: <q>We cannot comment on this while litigation is pending</q>.</p>
 

	
 
<dl>
 
  <dt>Who is the Plaintiff in the lawsuit?</dt>
 

	
 
  <dd>Christoph is one of most active developers of the Linux kernel. He has
 
   contributed 279,653 lines of code to the latest Linux 3.19 kernel, and
 
   thus ranks 20th among the 1,340 developers involved in that release.
 
   Christoph also ranks 4th among those who have reviewed third-party source
 
   code, and he has tirelessly corrected and commented on other developers'
 
   contributions.</dd>
 

	
 
  <dt id="court-documents">Are the court documents released?</dt>
 

	
 
  <dd>Not currently.  Court proceedings are not public by default in Germany
 
  (unlike in the USA).  Conservancy will continue to update this FAQ with
 
  information that Conservancy knows about the case.  We would all also
 
  welcome an agreement with VMware whereby both sides would agree to publish
 
  all Court documents. </dd>
 

	
 
  <dt>Who's funding this lawsuit?</dt>
 

	
 
  <dd>Conservancy has engaged in a grant agreement with Christoph Hellwig for
 
  the purposes of pursuing this specific legal action in Germany.
 
  Conservancy is funding this legal action specifically as part of
 
  Conservancy's program activity in
 
  its <a href="/linux-compliance/about.html">GPL Compliance
 
  Project for Linux Developers</a>.</dd>
 

	
 
  <dt>Is this the Great Test Case of Combined / Derivative Works?</dt>
 

	
 
  <dd>This case is specifically regarding a combined work that VMware
 
  allegedly created by combining their own code (&ldquo;vmkernel&rdquo;) with
 
  portions of Linux's code, which was licensed only under GPLv2.  As such,
 
  this, to our knowledge, marks the first time an enforcement case is
 
  exclusively focused on this type of legal question relating to GPL.
 
  However, there are so many different ways to make combined and/or
 
  derivative works that are covered by GPL that no single case could possibly
 
  include all such issues. </dd>
 

	
 
  <dt>Why must you file a lawsuit?  Isn't there any other way to convince
 
    VMware to comply with GPL?</dt>
 

	
 
  <dd><p>Neither Conservancy nor Christoph takes this action lightly nor without
 
  exhausting every other possible alternative first.  This lawsuit is the
 
    outgrowth of years of effort to convince VMware to comply with GPL.</p>
 

	
 
    <p>In October 2011, Conservancy received a GPL violation report on
 
  BusyBox for VMware's ESXi products.  Conservancy opened the matter in its
 
  usual, friendly, and non-confrontational way.  Nevertheless, VMware
 
  immediately referred Conservancy to VMware's outside legal counsel in the
 
  USA, and Conservancy negotiated with VMware's legal counsel throughout
 
  late 2011, 2012 and 2013.  We exchanged and reviewed
 
  <a title="Complete, Corresponding Source" href="https://copyleft.org/guide/comprehensive-gpl-guidech6.html#x9-470005.2.1">CCS</a> candidates, and
 
  admittedly, VMware made substantial and good efforts toward compliance on
 
  BusyBox.  However, VMware still refused to fix a few minor and one major
 
  compliance problem that we discovered during the process.  Namely, there
 
  was a major violation regarding Linux itself that ultimately became
 
  Christoph's key complaint in this lawsuit.</p>
 

	
 
 <p>Meanwhile, when Conservancy realized in late 2012 there might be a major
 
 Linux violation still present in VMware's ESXi products, Conservancy
 
 representatives sought every industry contact we had for assistance,
 
 including those from trade associations, companies (both competitors and
 
 collaborators with VMware), and everyone else we could think of who might be
 
 able to help us proceed with friendly negotiations that would achieve
 
 compliance.  While we cannot name publicly the people we asked for help
 
 to convince VMware to comply, they include some of the most notable
 
 executives, diplomats, and engineering managers in the Linux community.  No
 
 one was able to assist Conservancy in convincing VMware to comply with the
 
 GPL.  Then, in early 2014, VMware's outside legal counsel in the USA finally
 
 took a clear and hard line with Conservancy stating that they would not
 
 comply with the GPL on Linux and argued (in our view, incorrectly) that they
 
 were already in compliance.</p>
 

	
 
 <p>Conservancy in parallel informed Christoph fully of the details of the
 
   Linux violation on Christoph's copyrights, and based on Conservancy's
 
   findings, Christoph began his own investigation and confirmed
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