Proposal: Minor amendment re Compensation

[David Fligor]

I would like to propose a modification to the penultimate sentence of the 4th bullet point of the Principles, which currently reads as follows:

"Copyright holders (or their designated agent) therefore are reasonable to request compensation for the cost of their time providing the compliance education that accompanies any constructive enforcement action."

My proposed replacement text is as follows:

""Copyright holders (or their designated agent) therefore are reasonable to request financial consideration to cover the cost of the copyright holder's time, along with attorneys' and experts' fees and other expenses, in connection with any constructive enforcement action."

The proposed change makes sense because enforcement actions may require the purchase of expensive hardware and the retention of outside consultants/experts and highly-skilled intellectual property attorneys.  The current draft could be interpreted to mean that the copyright holder is unreasonable when he or she requests financial consideration that pays for all of the expenses and experts and attorneys' fees involved in verifying the violation, providing education, negotiating a settlement, etc.

Why should those who are willing and brave enough to bring community-oriented enforcement risk being sharply criticized by the community for asking for an amount that pays for the time of those involved?  Especially when they are following the Principles, including first and foremost seeking GPL compliance?

Thank you for considering this proposal, and I welcome any feedback or clarification on what the current text means.


David




David Fligor

Managing Partner - Palo Alto Office

Progress LLP

2225 E. Bayshore Rd., Suite 200

Palo Alto, CA 94303

650-481-6210 (main)
650-481-6211 (direct)
650-318-3283 (mobile)

dfligor at progressllp.com<http://dfligor@progressllp.com>

www.progressllp.com<http://www.progressllp.com>

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