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License nightmare "Contingency Plan" (sort of longish)



Disclaimer: In light of recent events some might be tempted to do some of
this. Don't. This is only an idea for what might be done in the future.

In the past when a licensing issue has come up, someone like Bruce or ESR
has stepped in as the "ambassador" to the offender. However, it seems that
we need some kind of checklist to follow when these things occur, since
we might one day have to go to court.

Headache, inc. release a version of Linux based on Debian. However, they
neglect to release some of it under the GPL. Whatever shall we do?


In the past, Bruce would send mail saying "I am on the case" or something
to that effect. However, what if Bruce fails? We (or SPI) own the
copyrights to much of Debian. Whatever shall we do? Chew on this:

1) License problem is identified

2) Responsible person (Bruce, Project leader, SPI officer, whatever)
contacts offender.

At this point, two things could happen.
	A) Offender relents.
If so, we cheer and make general merriment. However, (scary music)
	B) Offender does not relent and/or makes funny faces at us
Of course we are horrified by the funny faces, but how do we defend our
licensing? Perhaps we need a lawyer for this part.

3) Cease and desist letter is sent
Perhaps we need a lawyer to compose something that could be modified
quickly and sent out. 
	A) Offender relents
See above
	B) Offender does not relent
4) SPI (or copyright holder) should initiate legal procedings against
offender. This is draconian, but we need to put teeth behind our licenses,
not just the whining power of slashdot. Where it goes from here cannot be
forseen.

Of course, this is only hypothetical, and most vendors are on our side,
but we should be prepared for the event that someone does violate our
licenses and we need to test the GPL (or other license) in court.

Regards,

Andrew

Andrew G. Feinberg agf@debian.org andrew@ultraviolet.org
Pager: 1-888-950-5050 PIN 6093780
PGP: 0xDBE2B5E9 / 78 55 2B B4 A7 B2 96 FF  84 BA 4A 3F 23 82 DD 80

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