228 lines
6.5 KiB
Plaintext
228 lines
6.5 KiB
Plaintext
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%include "default.mgp"
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%default 1 bgrad
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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%nodefault
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%back "blue"
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%center
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%size 7
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Enforcing the GNU GPL
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Copyright helps Copyleft
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%center
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%size 4
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by
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Harald Welte <hwelte@hmw-consulting.de>
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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Contents
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Introduction
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Past GPL Enforcement
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The Linksys case
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Typical enforcement timeline
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Success so far
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Cases so far
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Future GPL Enforcement
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Thanks
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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Introduction
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Who is speaking to you?
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an independent Free Software developer
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who earns his living off Free Software since 1997
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who is one of the authors of the linux kernel firewall system called netfilter/iptables
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who IS NOT A LAWYER, although this presentation is the result of dealing six months with lawyers on the GPL
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Why is he speaking to you?
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because he became aware of copyright (copyleft?) infringement and took legal action within German jurisdiction
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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Past GPL enforcement
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Past GPL enforcement
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GPL violations are nothing new, as GPL licensed software is nothing new.
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However, the recent Linux hype made GPL licensed software used more often
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The FSF enforces GPL violations of code on which they hold the copyright
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silently, without public notice
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in lengthy negotiations
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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The Linksys case
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During 2003 the "Linksys" case drew a lot of attention
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Linksys was selling 802.11 WLAN Acces Ponts / Routers
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Lots of GPL licensed software embedded in the device (included Linux, uClibc, busybox, iptables, ...)
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FSF led alliance took the usual "quiet" approach
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Linksys bought it self a lot of time
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Some source code ws released two months later
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About four months later, full GPL compliance was achieved
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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The Linksys case
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Some developers didn't agree with this approach
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not enough publicity
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violators don't loose anything by first not complying and wait for the FSF
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four months delay is too much for low product lifecycles in WLAN world
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The netfilter/iptables project started to do their own enforcement in more cases that were coming up
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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Enforcement case timeline
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In chronological order
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some user sends us a note he found our code somewhere
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reverse engineering of firmware images
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sending the infringing organization a warning notice
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wait for them to sign a statement to cease and desist
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if no statement is signed
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contract technical expert to do a stdudy
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apply for a preliminary injunction
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if statement was signed
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try to work out the details
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grace period for boxes in stock possible
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try to indicate that a donation would be good PR
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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Sucess so far
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Success so far
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amicable agreements with a number of companies
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some of which made significant donations to charitable organizations of the free software community
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preliminary injunction against Sitecom, Sitecom also lost appeals case
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more settled cases (not public yet)
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negotiating in more cases
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public awareness
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GPL enforcement report
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Cases so far (1/2)
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Allnet GmbH
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Siemens AG
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Fujitsu-Siemens Computers GmbH
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Axis A.B.
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Securepoint GmbH
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U.S.Robotics Germany GmbH
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Netgear GmbH
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Belkin Compnents GmbH
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Asus GmbH
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Gateprotect GmbH
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Sitecom GmbH
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TomTom B.V.
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Gigabyte Technologies GmbH
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D-Link GmbH
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Sun Deutschland GmbH
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Open-E GmbH
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GPL enforcement report
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Cases so far (2/2)
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Siemens AG (second case)
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Deutsche Telekom AG
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Hitachi
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Tecom Inc.
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ARP Datacon GmbH
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Conceptronic B.V.
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Total about 30 cases (28 out-of-court, 2 in-court)
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More pending
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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Future GPL Enforcement
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GPL Enforcement
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remains an important issue for Free Software
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will start to happen within the court
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has to be made public in order to raise awareness
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Problems
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only the copyright holder (in most cases the author) can do it
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users discovering GPL'd software need to communicate those issues to all copyright holders
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The http://www.gpl-violations.org/ project was started
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as a platform wher users can report alleged violations
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to verify those violations and inform all copyright holders
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to inform the public about ongoing enforcement efforts
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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Make later enforcement easy
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Practical rules for proof by reverse engineering
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Don't fix typos in error messages and symbol names
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Leave obscure error messages like 'Rusty needs more caffeine'
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Make binary contain string of copyright message, not only source
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Practical rules for potential damages claims
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Use revision control system
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Document source of each copyrightable contribution
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Name+Email address in CVS commit message
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Consider something like FSFE FLA (Fiduciary License Agreement)
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Make sure that employers are fine with contributions of their employees
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If you find out about violation
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Don't make it public (has to be new/urgent for injunctive relief)
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Contact lawyer immediately to send wanrning notice
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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Thanks
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Thanks to
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Alan Cox, Alexey Kuznetsov, David Miller, Andi Kleen
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for implementing (one of?) the world's best TCP/IP stacks
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Paul 'Rusty' Russell
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for starting the netfilter/iptables project
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for trusting me to maintain it today
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Astaro AG
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for sponsoring parts of my netfilter work
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Free Software Foundation
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for the GNU Project
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for the GNU General Public License
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%size 3
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The slides of this presentation are available at http://www.gnumonks.org/
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Further Reading
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%size 3
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The netfilter homepage http://www.netfilter.org/
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%size 3
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The http://www.gpl-violations.org/ project
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