474 lines
16 KiB
Plaintext
474 lines
16 KiB
Plaintext
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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Enforcing the GNU GPL
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Copyright helps Copyleft
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%center
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by
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Harald Welte <laforge@gnumonks.org>
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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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About the speaker
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The GNU GPL Revisited
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GPL Violations
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Past GPL Enforcement
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Typical case timeline
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Success so far
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What we've learned
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Problems encountered
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Future outlook
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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 almost a year with lawyers on the subject of the GPL
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Why is he speaking to you?
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he thinks there is too much confusion about copyright and free software licenses. Even Red Hat CEO Matt Szulik stated in an interview that RedHat puts investments into 'public domain' :(
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%page
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GNU GPL - Copyright helps Copyleft
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Disclaimer
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Legal Disclaimer
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All information presented here is provided on an as-is basis
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There is no warranty for correctness of legal information
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The author is not a lawyer
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This does not comprise legal advise
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The authors' experience is limited to German copyright law
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%page
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GNU GPL - Copyright helps Copyleft
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Ideas and Goals of the GNU GPL
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Free Software
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Software that has fundamental freedoms:
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to use it for any purpose
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to "help your neighbour" (i.e. make copies)
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to study it's functionality (reading source code)
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to fix it myself (make modifications and run them)
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Copyleft
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Is the legal idea to
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exercising copyright to grant the above freedoms
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assure that nobody can take away the freedom
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The GNU General Public License
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Is a legal instrument to apply they copyleft idea on software
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%page
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The GNU GPL Revisited
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What is copyrightable?
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The GNU GPL is a copyright license, and thus only covers copyrighted works
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Not everything is copyrightable (German: Schoepfungshoehe)
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Small bugfixes are not copyrightable (similar to typo-fixes in a book)
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As soon as the programmer has a choice in the implementation, there is significant indication of a copyrightable work
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Choice in algorithm, not in formal representation
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Apparently, the level for copyrightable works is relatively low
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%page
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The GNU GPL Revisited
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Terminology
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Public Domain
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concept where copyright holder abandons all rights
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same legal status as works where author has died 70 years ago (German: Gemeinfreie Werke)
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Freeware
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object code, free of cost. No source code
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Shareware
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proprietary "Try and Buy" model for object code.
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Cardware/Beerware/...
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Freeware that encourages users to send payment in kind
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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The GNU GPL Revisited
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Terminology
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Free Software
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source code freely distributed
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must allow redistribution, modification, non-discriminatory use
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mostly defined by Free Software Foundation
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Open Source
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source code freely distributed
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must allow redistribution, modification, non-discriminatory use
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defined in the "Open Source Definition" by OSI
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The rest of this document will refer to Free and Open Source Software as FOSS.
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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The GNU GPL Revisited
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The GNU GPL Revisited
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Revisiting the GNU General Public License
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Regulates distribution of copyrighted code, not usage
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Allows distribution of source code and modified source code
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The license itself is mentioned
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A copy of the license accompanies every copy
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Allows distribution of binaries or modified binaries, if
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The license itself is mentioned
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A copy of the license accompanies every copy
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The complete source code is either included with the copy (alternatively a written offer to send the source code on request to any 3rd party)
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%page
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The GNU GPL Revisited
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Complete Source Code
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"... complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable."
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Our interpretation of this is:
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Source Code
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Makefiles
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Tools for generating the firmware binary from the source
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(even if they are technically no 'scripts')
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General Rule:
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Intent of License is to enable user to run modified versions of the program. They need to be enabled to do so.
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Result: Signing binaries and only accepting signed versions without providing a signature key is not acceptable!
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%page
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The GNU GPL Revisited
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Derivative Works
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What is a derivative work?
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Not dependent on any particular kind of technology (static/dynamic linking, dlopen, whatever)
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Even while the modification can itself be a copyrightable work, the combination with GPL-licensed code is subject to GPL.
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No precendent in Germany so far
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As soon as code is written for a specific non-standard API (such as the iptables plugin API), there is significant indication for a derivative work
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This position has been successfully enforced out-of-court with two Vendors so far (iptables modules/plugins).
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%page
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The GNU GPL Revisited
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Derivative Works
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Position of my lawyer:
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In-kernel proprietary code (binary kernel modules) are hard to claim GPL compliant
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Case-by-case analysis required, especially when drivers/filesystems are ported from other OS's.
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Sources within IBM told me that they now have a general policy to not ship any binary-only kernel modules to their customers, apart from very few cases where it is clearly no derivative work.
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%page
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The GNU GPL Revisited
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Collected Works
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"... it is not the intent .. to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works ..."
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"... mere aggregation of another work ... with the program on a volume of a storage or distribution medium does not bring the other work und the scope of this license"
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GPL allows "mere aggregation"
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like a general-porpose GNU/Linux distribution (SuSE, Red Hat, ...)
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GPL restricts "collective works"
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grey area
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important: actual form of distribution (as seperate works or not)
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no precendent so far
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%page
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The GNU GPL Revisited
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Non-Public modifications
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Non-Public modifications
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A common misconception is that if you develop code within a corporation, and the code never leaves this corporation, you don't have to ship the source code.
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However, at least German law would count every distribution beyound a number of close colleague as distribution.
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Therefore, if you don't go for '3a' and include the source code together with the binary, you have to distribute the source code to any third party.
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Also, as soon as you hand code between two companies, or between a company and a consultant, the code has been distributed.
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%page
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The GNU GPL Revisited
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GPL Violations
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When do I violate the license
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when one ore more of the obligations are not fulfilled
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What risk do I take if I violate the license?
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the GPL automatically revokes any usage right
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any copyright holder can obtain a preliminary injunction banning distribution of the infringing product
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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 GNU/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 itself a lot of time
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Some source code was released two months later
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About four months later, full GPL compliance was achieved
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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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%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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test purchase to verify device ships gpl-incompliant
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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 study
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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 (35+) of companies
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sdome 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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court decision of munich district court in Sitecom appeals case
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three more preliminary injunctions
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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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%page
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GNU GPL - Copyright helps Copyleft
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Cases so far (1/3)
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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 / B.V.
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TomTom B.V.
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Gigabyte Technologies GmbH
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%page
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GNU GPL - Copyright helps Copyleft
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Cases so far (2/3)
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Sun Deutschland GmbH
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Open-E GmbH
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Siemens AG (second case)
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Deutsche Telekom AG
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Hitachi Inc.
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Tecom Inc.
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ARP Datacon GmbH
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Conceptronic B.V.
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D-Link GmbH
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Adaptec Deutschland GmbH
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Belkin Compnents GmbH (second case)
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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Cases so far (3/3)
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Siemens AG (third case)
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TARGA GmbH
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Medion AG
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naviflash GmbH
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Maxtor Inc.
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Cisco Deutschland GmbH
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Fortinet
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naviflash GmbH
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iRiver Europe GmbH
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Cisco Deutschland GmbH (second case)
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Acer Deutschland GmbH
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some more not public yet
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%page
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GNU GPL - Copyright helps Copyleft
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What we've learned
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Copyleft-style licenses can be enforced!
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A lot of companies don't take Free Software licenses seriously
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Even corporations with large legal departments who should know
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Reasons unclear, probably the financial risk of infringement was considered less than the expected gains
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The FUD spread about "GPL not holding up in court" has disappeared
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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 more often
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has to be made public in order to raise awareness
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will probably happen within some form of organization
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talks have started with the FSF Europe
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What about Copylefted Content (Creative Commons)
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probably just a matter of time until CC-licensed works of art are infringed
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%page
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GNU GPL - Copyright helps Copyleft
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Problems of GPL Enforcement
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Problems
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distributed copyright
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is an important safeguard
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can make enforcement difficult, since copyright traditionally doesn't know cases with thousands of copyright holders
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distribution of damages extremely difficult
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the legal issue of having to do reverse engineering in order to prove copyright infringement(!)
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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 entitled parties (copyright holders)
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infringers obfuscating and/or encrypting fres software as disguise
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%page
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GNU GPL - Copyright helps Copyleft
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gpl-violations.org
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The http://www.gpl-violations.org/ project was started ~ 1 year ago
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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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At the moment, project is only backed by the author
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more volunteers needed to investigate all cases
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something like 170 reported (alleged) violations up to day
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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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KNF
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for first bringing me in contact with linux in 1994
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Astaro AG
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for sponsoring most 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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Dr. Till Jaeger
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for handling my legal cases
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Intranet Engineering
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for doing expert witness reports
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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 http://www.gpl-violations.org/ project
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The Free Software foundation http://www.fsf.org/, http://www.fsf-europe.org/
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%size 3
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The GNU Project http://www.gnu.org/
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%size 3
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The netfilter homepage http://www.netfilter.org/
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%% http://management.itmanagersjournal.com/management/04/05/31/1733229.shtml?tid=85&tid=4
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