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Toward a Freer Community: Highlights of the Proposed GPL 3
Most software licenses forbid transfer and modification of the licensed software. The General Public License ('GPL') is designed to ensure exactly the opposite ' the freedom to modify and share software. According to the Free Software Foundation, the drafters of the GPL, all programs that are distributed under the GPL should be available to recipients to modify and distribute again. And any attempt to deny that freedom should be met with consequences, namely the loss of license rights under the GPL.
With the proliferation of software patents and the advent of measures such as Digital Rights Management ('DRM') since the release of version 2 of the GPL (GPL 2) in June 1991, each of which can be used to restrict the freedoms fundamental to the license, the Free Software Foundation set out to revise and update the GPL to preserve those freedoms. Accordingly, the principal revisions contained in version 3 (GPL 3) are directed to closing loopholes in GPL 2 that do not adequately protect against the assertion of a patent or use of DRM to prevent further use, modification, or re-distribution of a GPL program.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.