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diff --git a/2016/kim_chang_2016/gplvorg.adoc b/2016/kim_chang_2016/gplvorg.adoc new file mode 100644 index 0000000..b8bbc1b --- /dev/null +++ b/2016/kim_chang_2016/gplvorg.adoc @@ -0,0 +1,261 @@ +The past and the future of Free Software License Violations +=========================================================== +:author: Harald Welte <laforge@gpl-violations.org> +#:copyright: sysmocom - s.f.m.c. GmbH (License: CC-BY-SA) +:backend: slidy +:max-width: 45em + + + +== About the speaker + +* A _deeply_ technical person, IANAL. +* Started as FOSS sysadmin in the mid-1990ies +* Network security expert, electronics engineer, software developer. +* Former Linux Kernel developer from 1999 on +* Former head of netfilter core team +* Founder of gpl-violations.org +* Recipient of FSF Award for the Advancement of Free Software +* Recipient of Google/O'Reilly Open Source Award +* Now fully immersed in implementing cellular (GSM/3G) protocol stacks + under the Osmocom.org project (mostly AGPLv3) + +== My personal journey into _the communities_ + +The culture in which we grow up defines our values. For me: + +* BBS communities (FIDO, Z-Netz, ...) and UseNet @ age 12 +* programming DOS shareware in TurboPascal @ age 13 +** Didn't know about Free Software yet. My apologies! +* switched to GNU/Linux before Windows 95, never looked back +** learning about Free Software, GNU, copyleft, the GPL +* from 1994 on, helped building a non-for-profit ISP +** started to write + contribute patches against software we used there +* from 1999 onwards: netfilter/iptables, the Linux 2.3/2.4 packet filter + +[role="incremental"] +=> all of the above were communities of enthusiasts + +[role="incremental"] +* open to anyone +* information and code was shared freely, to mutual benefit + + +== Linux and license compliance + +* Until around 2000, Linux was still the niche of the nerds +** the Long-bearded gurus used a *real* UNIX instead +** the rest of the world was trapped in Microsoft-land + +[role="incremental"] +* GPL violations on the Linux kernel were not known to me until about 2002 +* First news about GPL violations made me very upset +** the industry ignored our culture, rules and norms +** they took what we had created and did not give back +** as companies didn't react to friendly reminders, I started legal action +** gpl-violations.org was started, first legal case in 2003 +** enforcement in hundreds of cases, most of them out of court +** prevailed in several German court cases, 100% success rate + + + +== The past of FS license enforcement + +For those not around to witness it: + +* early work by the FSF (until 2004?) +** entirely out of court +* gpl-violations.org (2003-2011) +** started by a Linux Kernel developer (yours truly) +* Software Freedom Conservancy (2006-current) +** doing excellent work on behalf of many projects since + + +== gpl-violations.org early history + +* device makers stared to use embedded Linux in WiFi routers +* vendors did not get into compliance +* some frustration existed with FSFs back then very tolerant approach + of pushing for compliance at Linksys +* further companies were infringing, triggering me as one of the many + copyright holders to pursue independent legal action against product + vendors in Germany + + +== gpl-violations.org later history + +Fast-Forward 8 years. Results: + +* more than two hundred enforcements in total +** some of them didn't even reach any legal claims +** most of them were settled out of court +** some very few actually had to go to court +* created some of the first precedent in terms of GPL enforcement in + court, both in Germany and world-wide +* not a single case lost + +== gpl-violations.org dormancy + +* While doing netfilter work as dayjob, there still was time to do + compliance work in spare time +* Increasingly difficult when I got involved with OpenMoko in Taiwan + (2007-2009) +* Impossible to find time while I started + bootstrapped my new + company sysmocom from 2011 onwards +* Big loss to the project when Armijn left in 2012 + +Result: No gpl-violations.org activity in years. Project became +dormant. + +== gpl-violations.org dormancy + +* I've never been particularly sad about the dormancy +* We did some pioneering and hugely successful work in GPL + enforcement, creating ripples throughout the technology industry. +* The FSFE legal network got started as a forum for related topics +* Other people (e.g. SFC) started to do enforcement +* So I didn't think it's a loss if I focus on other areas for an + undefined amount of time + +Still, it is a pity that it was too much tied to me personally, +and there was no structure and no team that could continue the work. + +Let's learn from that... + +== Resurrection, Step 1 (Q4/2015) + +* brought historic content of gpl-violations.org back online +* occasional blog post about GPL related topics again +* getting more exposure in FOSS legal community again +* reporting about VMware case (in which I'm not legally involved, but + which I very much support) + + +== Resurrection, Step 2 (2016) + +* establishing a legal body for new gpl-violations.org activities +** put project on more shoulders +** less dependency on me personally +** taking legal action as natural person didn't allow others to get + involved to larger extent due to associated personal risk +* I wanted to have it established before LLW, but schedule slipped. + Plan is to definitely complete this within Q2/2016. + + +== gpl-violations.org e.V. + +* structure of a German "eingetragener Verein" (e.V.) +* membership-based entity, where FOSS developers can become members +* members can (but do not have to) sign fiduciary license agreement to + enable gpl-violations.org e.V. to enforce license on their behalf +* any enforcement will be done in compliance with the principles of + community-oriented enforcement as published by SFC+FSF +* is not going to be charitable due to increased tax/legal risk +** financial structure and usage of funds will be published to avoid + any claims regarding misappropriation of funds + + +== How is this different to SFC? + +* Jurisdiction / Geographic Scope +** SFC is primarily active in the US (so far?) +** gpl-violations.org would be primarily active in Germany, maybe EU +* There's no shortage of violations to enforce, i.e. room for many + more people or entities doing active enforcement +* Very narrow focus on copyleft license enforcement, no other services + +Apart from that, in terms of goals and actual enforcement work, not +all that different. At last not that it is planned. + + +== Isn't more enforcement harmful? + +* there is some feeling that more enforcement scares people away from + FOSS +* I think it matters a lot about the _style_ of enforcement. We need + more evidence of people caring about licenses and doing enforcement + in a proper and respected way; compliance-centric and within a + generally accepted common sense. +* I also think license enforcement is required to make new (corporate) + players in the FOSS world comply, and to continuously encourage and + increase motivations for companies to be compliant +* Last, but not least: License enforcement is also happening in + proprietary software, so it's not a specific issue of FOSS, so let's + not over-dramatize it. + + +== Actual enforcement process + +* will probably not look any different from the past +* reports of GPL violations by the community at large +* technical investigation + establishing legal evidence +* sending warning notice to company, requesting cease + desist +* resolving the issue hopefully out of court +* going to court whenever it is really necessary + +== Taking a step back + +[role="incremental"] +* companies start to work on/with Linux without following + collaborative development model. Their management is free to +** ignore the decades-old requests by the community +** ignore requests by their own engineers to contribute +* community upset, because management did *not* enable, allow or require +** FOSS development to be done in the regular, collaborative process +** their engineers to contribute +* gpl-violations.org uses the legal vehicle of copyright enforcement +** senior management cannot ignore legal threats, we got their attention! +* Result: they ask their lawyers what needs to be done to comply to + the absolute minimum _legally_ required to not get in trouble +** they do still not follow the collaborative development process + +== The cultural impedance mis-match + +Surprise: FOSS is about collaborative development + +[role="incremental"] +* participation on mailing lists +* developing code in public repositories +* using fine grained commits +* to **jointly develop software** +* it is **not about procrastinating over legal issues** +* FOSS developers _really_ want **collaboration, not license compliance** +** GPL is just a legal hack to ensure the bare absolute minimum of adherence to the FOSS culture +** it suffers from impedance mismatch between what can be done under copyright law, and not what is _actually_ the goal in terms of a development model +** focusing _just_ on legal compliance with the license indicates a lack of understanding +* **GPL compliance should not be driven only by lawyers!** + +== Cultural Differences + +[role="incremental"] +* exist between every set of two cultures +* think of _Western_ vs. _Asian_ culture +* westerners (_farang/gaijin/laowei_) are considered rude, if they +[role="incremental"] +** stick chopsticks in a rice bowl anywhere in Asia +** have loud phone conversations on a Japanese train +** want to split a restaurant bill in China +** decline to accept Soju offered by their Korean host +** use a Buddha statues head as decoration in Thailand +* Being European and coming to Asia likely causes me to make mistakes +due to the _cultural differences_. +* those mistakes may cause people to be upset with me. _How could I +not know?_ Couldn't I at least inform myself before travelling? +* This is not so different from an electronics or proprietary software +company first engaging with FOSS + +== Outlook + +* get over with formalities of establishment +* get initial group of members to sign up +* establish and tune the related processes +* get started with some actual enforcement + +== Thanks + +* to Armijn Hemel for helping me all those years in the past at + gpl-violations.org +* to Till Jaeger and his team at JBB for all their legal help +* to FSFE for their great work far beyond the Legal Network + +You now have a license to ask questions ;) |