copyleft-guide/Case-Study-Ethics/case-study-ethics-overview.txt

  GPL Compliance Case Studies and Legal Ethics in Free Software Licensing

This one-day course presents the details of five different GPL compliance
cases handled by FSF's GPL Compliance Laboratory.  Each case offers unique
insights into problems that can arise when the terms of GPL are not
properly followed, and how diplomatic negotiation between the violator and
the copyright holder can yield positive results for both parties.

This course also includes a unit on the ethical considerations for
attorneys who want to represent clients that make use of or sell Free
Software products.

Prerequisites:

     Attendees should have successfully completely the course, a "Detailed
     Study and Analysis of GPL and LGPL", as the material from that course
     forms the building blocks for this material.

Audience:

     The course is of most interest to lawyers who have clients or
     employers that deal with Free Software on a regular basis.  However,
     technical managers and executives whose businesses use or distribute
     Free Software will also find the course very helpful.


The course will include the topics listed below, along with ample time for
questions and discussions.  Lunch is included, with a lunch speaker to be
announced.


 GPL Compliance Case Studies:

    * Overview of FSF's GPL Compliance Lab (:20)

      We present a brief introduction to the work that FSF does to enforce
      the GPL and defend the freedoms granted by Free Software.

    * GPL Violation Case Study A (1:00)

      In this case study, we consider one of the most complex and
      longest-running violations that FSF has handled.  Company A
      distributed a derivative work of the GNU Complier Collection (GCC)
      without complete corresponding source, and refused to distribute any
      source at all to anyone who was not their direct customer.  We
      follow the slow movement toward compliance and explain how FSF deals
      with sometimes belligerent violators.

    * GPL Violation Case Study B (:20)

      In this case study, we consider a contrasting violation to Case A.
      Company B, who sold a complete GNU/Linux distribution, had worked
      hard to be in compliance, but we had nevertheless found an
      infraction in their compliance efforts.  We explain how smoothly
      violations of this type can be resolved and the process that an
      otherwise friendly violator can expect.

    * GPL Violation Case Study C (:35)

      In this case study, we present a violation where an entire embedded
      GNU/Linux distribution was included in a consumer electronic device.
      We consider the problems faced regarding kernel modules for device
      drivers for government-regulated hardware, and cases where both an
      upstream provider and a downstream distributor are in violation on
      separate matters.
      
    * GPL Violation Case Study D (:25)

      In this case study, we consider how to handle the inevitable
      violations that can occur from a company that is generally committed
      to doing Free Software as a regular part of its business, but -- due
      to experimentation with new cutting edge business models, or because
      of mere oversights -- has occasional GPL violations or
      near-violations.

    * Good Practices for GPL Compliance (:10)

      After discussing the details of the various archetypes of GPL
      compliance efforts undertaken by FSF, we generalize what we have
      learned to advise on good practices to build a product from start to
      finish in compliance with GPL, and how to build internal policies to
      assure that your client or company is never faced with a violation
      report.

  Ethical Considerations for the Attorney Practicing Free Software

  This portion of the course will focus on ethical issues that may arise
  for attorneys counseling clients with respect to free software issues.
  Many of these topics have more general application, but specific
  discussion of the ways in which these issues may arise for free software
  clients will be presented.

     * Part I: Representing Free Software Clients (1:00)

       An attorney's ethical duties run to not just their clients, but to
       potential clients and the general public as well.  Pro bono
       representation of free software clients not only conforms with the
       principles set forth by most Bar Associations, but also provides
       many other benefits to an attorney.  Once a client is retained, the
       duty of loyalty attaches and conflicts, be they direct, indirect,
       or political, should be identified and handled.

     * Part II: Practicing Free Software (1:00)

       Differing ethical issues arise in the context of counseling a
       client who is a free software licensor as opposed to one who is a
       free software licensee.  Further still, representing a client who
       is both licensor and licensee presents a combination of all of
       these issues. Compliance investigation and enforcement strategies
       must be implemented in accordance with both the duty of loyalty and
       the duty of honesty.  Likewise, performing exposure abatement while
       also defending against charges of infringement may pose problems
       within the attorney-client relationship. The ethical considerations
       relevant to each of these situations will be presented and
       discussed.

     * Part III: More General Ethical Considerations Relevant to Free
                 Software (1:00)

       Free software counseling is but one specialty within the realm of
       intellectual property counseling in general.  A review of various
       topics of more general application, but with special relevance to
       free software counseling, will be given along with a discussion of
       the reasons why and ways in which such issues arise when
       representing free software clients.  Patent prosecution and
       governing rules considerations are two such topics.