Copyleft/guide Changeset - 36a6c7232e69

Changeset - 36a6c7232e69

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Bradley Kuhn (bkuhn) - 9 years ago 2014-11-11 16:53:32
bkuhn@ebb.org

Rewrite section to incorporate text properly.

Much of the existing pasted text had subtle condescension toward
developers, which I've cleaned up here. Admittedly, I may have over
compensated and added subtle condescension toward lawyers.

1 file changed with 30 insertions and 37 deletions:

compliance-guide.tex

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compliance-guide.tex

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@@ ... @@
 have a reasonable dialogue and will work with you to resolve a violation
 once you open the channels of communication in a friendly way.
 %FIXME-URGENT: integrate
     Assume preparation on the complainant’s side. The organizations
     traditionally bringing complaints of copyleft non-compliance all
     fully investigate and verify complaints referred to them before making
     contact with apparently non-complying parties. Complainants will be
     prepared to substantiate the facts on which their complaint is based.
 %FIXME-URGENT: integrate
         Let engineers be a part of the process. The most time-consuming and
     difficult part of resolving most compliance matters, in our experience,
     is verifying that source code is indeed complete and
     corresponding. Without direct contact between software engineers on both
     sides, the resolution of the technical issues involved in demonstrating
     that the binary distributed was built from the source provided is likely
     to be tortuous, expensive, and potentially tense. Counsel are
     understandably reluctant to expose their client’s employees to direct
     inquiry from potentially hostile parties. But facilitated exchanges of
     information among software engineers communicating on technical subjects
     shortens the time to resolution, substantially reduces the cost of
     reaching resolution, and prevents unnecessary escalation due to mutual
     misunderstanding.
 %FIXME-URGENT: integrate
     Use compliance discussions to improve relationships. Development
     communities make software to benefit users, which includes you. When you
     use copylefted community software in your products, you are an important
     and valuable part of the commons, from the developers’ point of
     view. Resolving a compliance matter is an occasion to strengthen your
     relationship to the commons, by increasing communication between your
     engineers and the project whose output you use for business benefit.
     %FIXME-URGENT: END
 Furthermore, if the complaint comes from a CEGEO, assume they are
 well-prepared.  CEGEO's fully investigate compliance issues before raising
 the issue.  The claims and concerns will be substantiated, and immediate
 denials will likely lead the CEGEO to suspect malice rather than honest
 mistake.
 However, the biggest and most perennial mistake that all CEGEOs see during
 enforcement is this: failure to include the violators' software development
 teams in the enforcement discussions and negotiations.  As described above,
 CCS verification and approval is the most time-consuming and difficult part
 of resolving most compliance matters.  Without direct contact between
 software developers on both sides, the resolution of the technical issues
 involved in demonstrating that the binary distributed was built from the
 source provided is likely to be tortuous, expensive, and tense. Your lawyers
 will certainly be understandably reluctant to expose your employees to direct
 inquiry from potentially adverse parties.  However, facilitated exchanges of
 information among software engineers communicating on technical subjects
 shortens the time to resolution, substantially reduces the cost of reaching
 resolution, and prevents unnecessary escalation due to mutual
 misunderstanding.  Furthermore, such frank technical discussion will often be
 the only way to avoid compliance litigation once a violation has occurred.
 Fortunately, these frank discussions will improve your company's
 relationships.  Free Software development communities improve software to
 benefit everyone, which includes you and your company.  When you use
 copylefted community software in your products, you are part of that
 community.  Therefore, resolving a compliance matter is an occasion to
 strengthen your relationship to the community, by increasing communication
 between your developers and the project whose work you use for business
 benefit.
 \section{Termination}

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