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Subject: Updated: WSGR Meeting
Date: Thu, 2 Aug 2007 08:53:17 -0800
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From: "Cynthia Wang" <cynthia.wang@onstor.com>
To: "Frank Laurencio" <frank.laurencio@onstor.com>,
	"Jonathan Goldick" <jonathan.goldick@onstor.com>,
	"Tim Gardner" <tim.gardner@onstor.com>,
	"Brian DeForest" <brian.deforest@onstor.com>,
	"Andy Sharp" <andy.sharp@onstor.com>

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When: Tuesday, August 07, 2007 3:30 PM-5:00 PM (GMT-08:00) Pacific Time =
(US & Canada).
Where: EBC

*~*~*~*~*~*~*~*~*~*



Client Alert=20

=20

Free Software Foundation Releases GNU General Public License, Version 3

July 31, 2007
=20

Background

On June 29, 2007, the Free Software Foundation released the final text =
of the GNU General Public License, Version 3 (GPLv3) and the GNU Lesser =
General Public License, Version 3 (LGPLv3). The release of these =
licenses is of interest to both those considering the use of third-party =
software governed by the GPLv3 or LGPLv3, and those considering the =
adoption of the GPLv3 or LGPLv3 for an open source project.

Given the importance and prevalence of the GNU General Public License, =
Version 2 (GPLv2), which governs such widely used software as the Linux =
kernel, our discussion below primarily addresses the GPLv3, the =
successor to the GPLv2. The GPLv3 retains many of the key features of =
the GPLv2, but also includes some noteworthy changes.

Application to GPLv2 Code

The release of the GPLv3 does not necessarily alter a licensee's current =
obligations with respect to software governed by the GPLv2 (GPLv2 Code), =
and users of GPLv2 Code should in most cases continue to abide by the =
terms of the GPLv2 with respect to such software. While some open source =
projects (e.g., Samba and GnuPG) have announced their adoption of the =
GPLv3 going forward, this does not affect the applicability of the GPLv2 =
to code distributed prior to the release of the GPLv3. Notably, a number =
of prominent Linux kernel developers, including Linus Torvalds, have =
voiced their reluctance to adopt the GPLv3, and it seems likely that, =
for now, the Linux kernel will remain subject to the GPLv2.

Similarities between GPLv3 and GPLv2

Like the GPLv2, the GPLv3 is intended to promote the free availability =
and use of software, and continues to provide the same fundamental =
bargain: A GPLv3 licensee is allowed to freely use, redistribute, and =
improve software governed by the GPLv3 (GPLv3 Code), provided that the =
licensee complies with the terms of the GPLv3, including the obligation =
to make the source code for the original code and any modifications =
conveyed by the licensee available under the terms of the GPLv3.

Differences between GPLv3 and GPLv2

Covered Works. One of the common issues facing those who utilize GPLv2 =
software is the uncertainty as to whether other code that is used or =
distributed in conjunction with GPLv2 Code would be subject to the terms =
of the GPLv2, including the obligation to make the source code available =
under the terms of the GPLv2. Prior to the GPLv3, the open source =
community commonly made a distinction between software that was =
dynamically linked and software that was statically linked to =
GPL-governed code, with many presuming that dynamically linked code was =
a separate program that would not be governed by the GPLv2. The GPLv3 =
sheds some new light as to the scope of software that is subject to the =
GPLv3, but does not provide complete clarity on this issue.=20

The GPLv3 requires that a work that copies or adapts "all or part of" =
the GPLv3 Code and that would require "copyright permission" would be =
subject to the terms of the GPLv3. In describing the source code that =
must be made available under the GPLv3, Section 1 of the GPLv3 includes =
a requirement that "the source code for shared libraries and dynamically =
linked subprograms that the work is specifically designed to require" =
must also be made available in source code form under the terms of the =
GPLv3. Accordingly, under the GPLv3, one needs to conduct an analysis =
based on the facts and circumstances in determining which code that is =
used and conveyed with GPLv3 Code is subject to the terms of the GPLv3, =
and should not rely merely on the distinction between dynamically =
linking and statically linking in making this determination.=20

Express Patent Terms. Unlike the GPLv2, the GPLv3 expressly addresses =
the issue of patent licenses, including:=20

*	Under Section 11 of the GPLv3, each contributor explicitly grants a =
non-exclusive, worldwide, royalty-free patent license to all licensees =
of the GPLv3 Code under all patent claims owned or licensable by the =
contributor that would be infringed by making, using, or selling the =
GPLv3 Code. Unlike some open source licenses that limit the scope of a =
patent grant, Sections 5 and 11 of the GPLv3 provide that the scope of =
the patent license granted by a contributor extends not just to the =
contributor's modifications to a work licensed under the GPLv3, but to =
the entire work licensed under the GPLv3. Although early drafts of the =
proposed GPLv3 stated that the patent license grant applied even in the =
case of mere redistribution with no additional changes to the GPLv3 =
Code, in the final version, the patent license grant provision applies =
only to contributors who have modified the GPLv3 Code.=20
*	The GPLv3 also includes language to address the situation in which a =
third party that licenses its patents to selected GPLv3 Code recipients =
(where the patent licensor is not itself a distributor of such GPLv3 =
Code) purports to extend such patent license to all users of such GPLv3 =
Code. In effect, this language is an attempt to prohibit arrangements =
such as the reported Microsoft-Novell agreement in which Microsoft =
licensed its patents to recipients of Novell's SUSE Linux, but not to =
others.=20
*	Section 10 of the GPLv3 also prohibits the licensee from initiating =
any patent infringement litigation (including cross-claims and =
counterclaims) related to the GPLv3 Code licensed to it.=20

Accordingly, those conveying GPLv3 Code or considering asserting a =
patent related to particular GPLv3 Code should carefully consider the =
impact of these patent provisions.=20

User Products and Anti-Circumvention Law. In response to the recent =
proliferation of consumer products that utilize free software but then =
attempt to restrict a consumer's ability to access and modify the code, =
the GPLv3 requires vendors of these products to permit users to modify =
the GPLv3 Code. Section 6 of the GPLv3 requires that all GPLv3 Code be =
accompanied by all necessary installation information, such as =
authorization keys, to ensure that the product continues to function =
with modified versions of the GPLv3 Code, unless it is physically =
impossible to install modified software on the device. Section 3 of the =
GPLv3 further purports to prohibit vendors of products that include =
GPLv3 Code from enforcing their rights under laws prohibiting =
circumvention of digital rights management technologies (e.g., the =
Digital Millennium Copyright Act) if the circumvention involves the =
GPLv3 Code.

Compatibility with the GPLv2 and Other Open Source Licenses. While the =
GPLv3 improves compatibility with several other open source software =
licenses (such as the Apache License, version 2.0, and the GNU Affero =
General Public License for works distributed as a Web service), it is =
incompatible with a number of other licenses. Most notably, the GPLv3 is =
not backwards-compatible with the GPLv2. Accordingly, in the event that =
GPLv3 Code is combined with GPLv2 Code, there is the possibility that =
the resulting combined code would be subject to conflicting obligations =
under the GPLv2 and the GPLv3. As a practical matter, a number of free =
software projects already license their code under the terms of the =
GPLv2 that expressly permit redistribution or modification under the =
terms of "any later version" of the GPL, in which case that code would =
be GPLv3-compatible. Consequently, those utilizing free software, =
including software licensed under the GPLv2, will need to carefully =
evaluate their ability to comply with the GPLv3.

ASP. The GPLv3 also clarifies a licensee's obligations in those cases in =
which a licensee provides access to GPLv3 Code solely as a hosted =
service, providing that "mere interaction with a user through a computer =
network, with no transfer of a copy, is not conveying." Accordingly, =
certain GPLv3 obligations-such as making source code available-do not =
apply in those cases. Section 13 of the GPLv3 permits GPLv3 Code to be =
linked with works licensed under the GNU Affero Public License as long =
as the resulting combination is licensed under the Affero license. Under =
the terms of that license, users interacting with the program via a =
network must be able to obtain the source code to the program from a =
network server free of charge. Therefore, businesses operating an ASP =
should pay particular attention to their use of software distributed =
under the Affero GPL.

Additional Provisions. The GPLv3 introduces a number of additional =
important changes, including:

*	Unlike the GPLv2, Section 8 of the GPLv3 now provides express cure =
periods for first-time violators of the license and a window in which =
the copyright holders must move to terminate the license to their GPLv3 =
Code for breach, or else the right to terminate the GPLv3 lapses.=20
*	Section 6 of the GPLv3 provides that a distributor of GPLv3 Code in =
object code form that is embodied in a physical product (including CDs) =
now is expressly permitted to meet its source code distribution =
obligations via a network server.=20
*	GPLv3 now expressly permits licensors to supplement the license from a =
list of additional terms set forth in Section 7 of the GPLv3 (including =
prohibiting misrepresentation of the origin of the licensed software, =
declining to grant rights for use of certain trademarks, and requiring =
indemnification of upstream authors and licensors by distributors for =
any liability arising out of contractual assumptions of liability =
assumed by the distributor).=20
*	Finally, the license includes a number of changes intended to improve =
its enforceability in foreign jurisdictions.=20

Conclusion

The release of the final text of the GPLv3 is an important milestone for =
the open source software community, and undoubtedly will affect many =
businesses relying on open source software. Please contact Sara =
Harrington =
<http://www.wsgr.com/WSGR/DBIndex.aspx?SectionName=3Dattorneys/BIOS/1688.=
htm> , Suzanne Bell =
<http://www.wsgr.com/WSGR/DBIndex.aspx?SectionName=3Dattorneys/BIOS/408.h=
tm> , Adit Khorana =
<http://www.wsgr.com/WSGR/DBIndex.aspx?SectionName=3Dattorneys/BIOS/1871.=
htm> , or another member of Wilson Sonsini Goodrich & Rosati's =
technology transactions practice to discuss any questions that you may =
have regarding compliance with, or use of, the GPLv3 or LGPLv3. Special =
thanks to Renat Lumpau for his significant contributions to this Client =
Alert.

Please click here =
<http://www.wsgr.com/WSGR/Display.aspx?SectionName=3Dpublications/PDFSear=
ch/clientalert_gnu.pdf>  for a printable version of this Client Alert.

Right-click here to download pictures. To help protect your privacy, =
Outlook prevented automatic download of this picture from the Internet.

WSGR

re:source

Information. Experience. Relationships.

WSGR re:source is the forum through which clients, at all stages of =
growth, gain access to the full spectrum of information, experience, and =
relationships that Wilson Sonsini Goodrich & Rosati provides. Our =
regular networking and education programs range from updates and =
analysis on principal legal matters to interactive seminars on complex =
issues and transactions. It is through these regular seminars and =
programs that our clients have an opportunity to learn new strategies =
for dealing with legal issues and to network with other companies, =
gaining both technical and practical expertise.

  _____ =20

To remove your name from our mailing list for similar information =
updates and memos, please email WSGR_Resource@wsgr.com =
<mailto:WSGR_Resource@wsgr.com&subject=3DRemove-GNU%20Client%20Alert>  =
with "remove" in the subject line.

This communication is provided for your information only and is not =
intended to constitute professional advice as to any particular =
situation.

=20

=20


This email and any attachments thereto may contain private, =
confidential, and privileged material for the Right-click here to =
download pictures. To help protect your privacy, Outlook prevented =
automatic download of this picture from the Internet.sole use of the =
intended recipient. Any review, copying, or distribution of this email =
(or any attachments thereto) by others is strictly prohibited. If you =
are not the intended recipient, please contact the sender immediately =
and permanently delete the original and any copies of this email and any =
attachments thereto.

=20


This email and any attachments thereto may contain private, =
confidential, and privileged material for the sole use of the intended =
recipient. Any review, copying, or distribution of this email (or any =
attachments thereto) by others is strictly prohibited. If you are not =
the intended recipient, please contact the sender immediately and =
permanently delete the original and any copies of this email and any =
attachments thereto.
=09


Microsoft Outlook Web Access:
http://ONSTOR-EXCH02/Exchange/andy.sharp/Inbox/Updated%3A%20WSGR%20Meetin=
g.EML?cmd=3Dopen


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<META HTTP-EQUIV=3D"Content-Type" CONTENT=3D"text/html; =
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<P><SPAN LANG=3D"zh-cn"><FONT SIZE=3D2 FACE=3D"Arial">When: Tuesday, =
August 07, 2007 3:30 PM-5:00 PM (GMT-08:00) Pacific Time (US &amp; =
Canada).</FONT></SPAN>

<BR><SPAN LANG=3D"zh-cn"><FONT SIZE=3D2 FACE=3D"Arial">Where: =
EBC</FONT></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><FONT SIZE=3D2 =
FACE=3D"Arial">*~*~*~*~*~*~*~*~*~*</FONT></SPAN>
</P>
<BR>
<BR>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#FFFFFF" SIZE=3D1 =
FACE=3D"Verdana">Client Alert</FONT></B> </SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">=A0</FONT></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#330066" SIZE=3D4 =
FACE=3D"Verdana">Free Software Foundation Releases GNU General Public =
License, Version 3</FONT></B></SPAN>
</P>

<P ALIGN=3DCENTER><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" =
SIZE=3D2 FACE=3D"Verdana">July 31, 2007</FONT></B><BR>
<FONT COLOR=3D"#000000" FACE=3D"Arial">=A0</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Background</FONT></B></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">On June 29, 2007, the Free Software Foundation released =
the final text of the GNU General Public License, Version 3 =
(</FONT><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">GPLv3</FONT></B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">) and the GNU Lesser General Public License, Version 3 =
(</FONT><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">LGPLv3</FONT></B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">). The release of these licenses is of interest to both =
those considering the use of third-party software governed by the GPLv3 =
or LGPLv3, and those considering the adoption of the GPLv3 or LGPLv3 for =
an open source project.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Given the importance and prevalence of the GNU General =
Public License, Version 2 (</FONT><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">GPLv2</FONT></B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">), which governs such widely used software as the Linux =
kernel, our discussion below primarily addresses the GPLv3, the =
successor to the GPLv2. The GPLv3 retains many of the key features of =
the GPLv2, but also includes some noteworthy changes.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Application to GPLv2 Code</FONT></B></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">The release of the GPLv3 does not necessarily alter a =
licensee's current obligations with respect to software governed by the =
GPLv2 (</FONT><B><FONT COLOR=3D"#000000" SIZE=3D2 FACE=3D"Verdana">GPLv2 =
Code</FONT></B><FONT COLOR=3D"#000000" SIZE=3D2 FACE=3D"Verdana">), and =
users of GPLv2 Code should in most cases continue to abide by the terms =
of the GPLv2 with respect to such software. While some open source =
projects (e.g., Samba and GnuPG) have announced their adoption of the =
GPLv3 going forward, this does not affect the applicability of the GPLv2 =
to code distributed prior to the release of the GPLv3. Notably, a number =
of prominent Linux kernel developers, including Linus Torvalds, have =
voiced their reluctance to adopt the GPLv3, and it seems likely that, =
for now, the Linux kernel will remain subject to the =
GPLv2.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Similarities between GPLv3 and GPLv2</FONT></B></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Like the GPLv2, the GPLv3 is intended to promote the =
free availability and use of software, and continues to provide the same =
fundamental bargain: A GPLv3 licensee is allowed to freely use, =
redistribute, and improve software governed by the GPLv3 =
(</FONT><B><FONT COLOR=3D"#000000" SIZE=3D2 FACE=3D"Verdana">GPLv3 =
Code</FONT></B><FONT COLOR=3D"#000000" SIZE=3D2 FACE=3D"Verdana">), =
provided that the licensee complies with the terms of the GPLv3, =
including the obligation to make the source code for the original code =
and any modifications conveyed by the licensee available under the terms =
of the GPLv3.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Differences between GPLv3 and GPLv2</FONT></B></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Covered Works</FONT></B><FONT COLOR=3D"#000000" =
FACE=3D"Simsun">. One of the common issues facing those who utilize =
GPLv2 software is the uncertainty as to whether other code that is used =
or distributed in conjunction with GPLv2 Code would be subject to the =
terms of the GPLv2, including the obligation to make the source code =
available under the terms of the GPLv2. Prior to the GPLv3, the open =
source community commonly made a distinction between software that was =
dynamically linked and software that was statically linked to =
GPL-governed code, with many presuming that dynamically linked code was =
a separate program that would not be governed by the GPLv2. The GPLv3 =
sheds some new light as to the scope of software that is subject to the =
GPLv3, but does not provide complete clarity on this issue.</FONT> =
</SPAN></P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">The GPLv3 requires that a work that copies or adapts =
&quot;all or part of&quot; the GPLv3 Code and that would require =
&quot;copyright permission&quot; would be subject to the terms of the =
GPLv3. In describing the source code that must be made available under =
the GPLv3, Section 1 of the GPLv3 includes a requirement that &quot;the =
source code for shared libraries<I> and dynamically linked subprograms =
that the work is specifically designed to require</I>&quot; must also be =
made available in source code form under the terms of the GPLv3. =
Accordingly, under the GPLv3, one needs to conduct an analysis based on =
the facts and circumstances in determining which code that is used and =
conveyed with GPLv3 Code is subject to the terms of the GPLv3, and =
should not rely merely on the distinction between dynamically linking =
and statically linking in making this determination.</FONT> </SPAN></P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Express Patent Terms</FONT></B><FONT COLOR=3D"#000000" =
FACE=3D"Simsun">. Unlike the GPLv2, the GPLv3 expressly addresses the =
issue of patent licenses, including:</FONT> </SPAN>
</P>

<UL>
<LI><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Under Section 11 of the GPLv3, each contributor =
explicitly grants a non-exclusive, worldwide, royalty-free patent =
license to all licensees of the GPLv3 Code under all patent claims owned =
or licensable by the contributor that would be infringed by making, =
using, or selling the GPLv3 Code. Unlike some open source licenses that =
limit the scope of a patent grant, Sections 5 and 11 of the GPLv3 =
provide that the scope of the patent license granted by a contributor =
extends not just to the contributor's modifications to a work licensed =
under the GPLv3, but to the entire work licensed under the GPLv3. =
Although early drafts of the proposed GPLv3 stated that the patent =
license grant applied even in the case of mere redistribution with no =
additional changes to the GPLv3 Code, in the final version, the patent =
license grant provision applies only to contributors who have modified =
the GPLv3 Code.</FONT> </SPAN></LI>

<LI><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">The GPLv3 also includes language to address the =
situation in which a third party that licenses its patents to selected =
GPLv3 Code recipients (where the patent licensor is not itself a =
distributor of such GPLv3 Code) purports to extend such patent license =
to all users of such GPLv3 Code. In effect, this language is an attempt =
to prohibit arrangements such as the reported Microsoft-Novell agreement =
in which Microsoft licensed its patents to recipients of Novell's SUSE =
Linux, but not to others.</FONT> </SPAN></LI>

<LI><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Section 10 of the GPLv3 also prohibits the licensee =
from initiating any patent infringement litigation (including =
cross-claims and counterclaims) related to the GPLv3 Code licensed to =
it.</FONT> </SPAN></LI>
<BR>
</UL>
<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Accordingly, those conveying GPLv3 Code or considering =
asserting a patent related to particular GPLv3 Code should carefully =
consider the impact of these patent provisions.</FONT> </SPAN></P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">User Products and Anti-Circumvention =
Law</FONT></B><FONT COLOR=3D"#000000" FACE=3D"Simsun">. In response to =
the recent proliferation of consumer products that utilize free software =
but then attempt to restrict a consumer's ability to access and modify =
the code, the GPLv3 requires vendors of these products to permit users =
to modify the GPLv3 Code. Section 6 of the GPLv3 requires that all GPLv3 =
Code be accompanied by all necessary installation information, such as =
authorization keys, to ensure that the product continues to function =
with modified versions of the GPLv3 Code, unless it is physically =
impossible to install modified software on the device. Section 3 of the =
GPLv3 further purports to prohibit vendors of products that include =
GPLv3 Code from enforcing their rights under laws prohibiting =
circumvention of digital rights management technologies (e.g., the =
Digital Millennium Copyright Act) if the circumvention involves the =
GPLv3 Code.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Compatibility with the GPLv2 and Other Open Source =
Licenses</FONT></B><FONT COLOR=3D"#000000" FACE=3D"Simsun">. While the =
GPLv3 improves compatibility with several other open source software =
licenses (such as the Apache License, version 2.0, and the GNU Affero =
General Public License for works distributed as a Web service), it is =
incompatible with a number of other licenses. Most notably, the GPLv3 is =
not backwards-compatible with the GPLv2. Accordingly, in the event that =
GPLv3 Code is combined with GPLv2 Code, there is the possibility that =
the resulting combined code would be subject to conflicting obligations =
under the GPLv2 and the GPLv3. As a practical matter, a number of free =
software projects already license their code under the terms of the =
GPLv2 that expressly permit redistribution or modification under the =
terms of &quot;any later version&quot; of the GPL, in which case that =
code would be GPLv3-compatible. Consequently, those utilizing free =
software, including software licensed under the GPLv2, will need to =
carefully evaluate their ability to comply with the =
GPLv3.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">ASP</FONT></B><FONT COLOR=3D"#000000" FACE=3D"Simsun">. =
The GPLv3 also clarifies a licensee's obligations in those cases in =
which a licensee provides access to GPLv3 Code solely as a hosted =
service, providing that &quot;mere interaction with a user through a =
computer network, with no transfer of a copy, is not conveying.&quot; =
Accordingly, certain GPLv3 obligations&#8212;such as making source code =
available&#8212;do not apply in those cases. Section 13 of the GPLv3 =
permits GPLv3 Code to be linked with works licensed under the GNU Affero =
Public License as long as the resulting combination is licensed under =
the Affero license. Under the terms of that license, users interacting =
with the program via a network must be able to obtain the source code to =
the program from a network server free of charge. Therefore, businesses =
operating an ASP should pay particular attention to their use of =
software distributed under the Affero GPL.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Additional Provisions</FONT></B><FONT COLOR=3D"#000000" =
FACE=3D"Simsun">. The GPLv3 introduces a number of additional important =
changes, including:</FONT></SPAN>
</P>

<UL>
<LI><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Unlike the GPLv2, Section 8 of the GPLv3 now provides =
express cure periods for first-time violators of the license and a =
window in which the copyright holders must move to terminate the license =
to their GPLv3 Code for breach, or else the right to terminate the GPLv3 =
lapses.</FONT> </SPAN></LI>

<LI><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Section 6 of the GPLv3 provides that a distributor of =
GPLv3 Code in object code form that is embodied in a physical product =
(including CDs) now is expressly permitted to meet its source code =
distribution obligations via a network server.</FONT> </SPAN></LI>

<LI><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">GPLv3 now expressly permits licensors to supplement the =
license from a list of additional terms set forth in Section 7 of the =
GPLv3 (including prohibiting misrepresentation of the origin of the =
licensed software, declining to grant rights for use of certain =
trademarks, and requiring indemnification of upstream authors and =
licensors by distributors for any liability arising out of contractual =
assumptions of liability assumed by the distributor).</FONT> =
</SPAN></LI>

<LI><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Finally, the license includes a number of changes =
intended to improve its enforceability in foreign jurisdictions.</FONT> =
</SPAN></LI>
<BR>
</UL>
<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">Conclusion</FONT></B></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">The release of the final text of the GPLv3 is an =
important milestone for the open source software community, and =
undoubtedly will affect many businesses relying on open source software. =
Please contact </FONT></SPAN><A =
HREF=3D"http://www.wsgr.com/WSGR/DBIndex.aspx?SectionName=3Dattorneys/BIO=
S/1688.htm"><SPAN LANG=3D"zh-cn"><U><FONT COLOR=3D"#0000FF" SIZE=3D2 =
FACE=3D"Verdana">Sara Harrington</FONT></U></SPAN></A><SPAN =
LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 FACE=3D"Verdana">, =
</FONT></SPAN><A =
HREF=3D"http://www.wsgr.com/WSGR/DBIndex.aspx?SectionName=3Dattorneys/BIO=
S/408.htm"><SPAN LANG=3D"zh-cn"><U><FONT COLOR=3D"#0000FF" SIZE=3D2 =
FACE=3D"Verdana">Suzanne Bell</FONT></U></SPAN></A><SPAN =
LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 FACE=3D"Verdana">, =
</FONT></SPAN><A =
HREF=3D"http://www.wsgr.com/WSGR/DBIndex.aspx?SectionName=3Dattorneys/BIO=
S/1871.htm"><SPAN LANG=3D"zh-cn"><U><FONT COLOR=3D"#0000FF" SIZE=3D2 =
FACE=3D"Verdana">Adit Khorana</FONT></U></SPAN></A><SPAN =
LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 FACE=3D"Verdana">, or =
another member of Wilson Sonsini Goodrich &amp; Rosati's technology =
transactions practice to discuss any questions that you may have =
regarding compliance with, or use of, the GPLv3 or LGPLv3. Special =
thanks to Renat Lumpau for his significant contributions to this Client =
Alert.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D1 =
FACE=3D"Verdana">Please click </FONT></SPAN><A =
HREF=3D"http://www.wsgr.com/WSGR/Display.aspx?SectionName=3Dpublications/=
PDFSearch/clientalert_gnu.pdf"><SPAN LANG=3D"zh-cn"><U></U><U><B><FONT =
COLOR=3D"#0000FF" SIZE=3D1 =
FACE=3D"Verdana">here</FONT></B></U></SPAN></A><SPAN =
LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D1 FACE=3D"Verdana"> for a =
printable version of this Client Alert.</FONT></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><FONT FACE=3D"Simsun">Right-click here to =
download pictures. To help protect your privacy, Outlook prevented =
automatic download of this picture from the Internet.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">WSGR</FONT></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#330066" SIZE=3D5 =
FACE=3D"Times New Roman">re:source</FONT></B></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><B><FONT COLOR=3D"#000000" SIZE=3D1 =
FACE=3D"Arial">Information. Experience. Relationships.<BR>
<BR>
WSGR re:source is the forum through which clients, at all stages of =
growth, gain access to the full spectrum of information, experience, and =
relationships that Wilson Sonsini Goodrich &amp; Rosati provides. Our =
regular networking and education programs range from updates and =
analysis on principal legal matters to interactive seminars on complex =
issues and transactions. It is through these regular seminars and =
programs that our clients have an opportunity to learn new strategies =
for dealing with legal issues and to network with other companies, =
gaining both technical and practical expertise.</FONT></B></SPAN></P>

<P ALIGN=3DJUSTIFY><SPAN LANG=3D"zh-cn"><U><FONT FACE=3D"Simsun">=A0 =
_____ =A0<BR>
</FONT></U></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D1 =
FACE=3D"Verdana">To remove your name from our mailing list for similar =
information updates and memos, please email </FONT></SPAN><A =
HREF=3D"mailto:WSGR_Resource@wsgr.com&amp;subject=3DRemove-GNU%20Client%2=
0Alert"><SPAN LANG=3D"zh-cn"><U><FONT COLOR=3D"#0000FF" SIZE=3D1 =
FACE=3D"Verdana">WSGR_Resource@wsgr.com</FONT></U></SPAN></A><SPAN =
LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D1 FACE=3D"Verdana"> with =
&quot;remove&quot; in the subject line.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D1 =
FACE=3D"Verdana">This communication is provided for your information =
only and is not intended to constitute professional advice as to any =
particular situation.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">=A0</FONT></SPAN>
</P>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" SIZE=3D2 =
FACE=3D"Verdana">=A0</FONT></SPAN>
</P>
<BR>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" FACE=3D"Times New =
Roman">This email and any attachments thereto may contain private, =
confidential, and privileged material for the</FONT> <FONT =
FACE=3D"Simsun">Right-click here to download pictures. To help protect =
your privacy, Outlook prevented automatic download of this picture from =
the Internet.</FONT><FONT COLOR=3D"#000000" FACE=3D"Simsun">sole use of =
the intended recipient. Any review, copying, or distribution of this =
email (or any attachments thereto) by others is strictly prohibited. If =
you are not the intended recipient, please contact the sender =
immediately and permanently delete the original and any copies of this =
email and any attachments thereto.</FONT></SPAN></P>

<P><SPAN LANG=3D"zh-cn"><FONT FACE=3D"Times New Roman">=A0</FONT></SPAN>
</P>
<BR>

<P><SPAN LANG=3D"zh-cn"><FONT COLOR=3D"#000000" FACE=3D"Simsun">This =
email and any attachments thereto may contain private, confidential, and =
privileged material for the sole use of the intended recipient. Any =
review, copying, or distribution of this email (or any attachments =
thereto) by others is strictly prohibited. If you are not the intended =
recipient, please contact the sender immediately and permanently delete =
the original and any copies of this email and any attachments =
thereto.<BR>
</FONT>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </SPAN>
</P>
<P>Microsoft Outlook Web Access: <A =
HREF=3D"http://ONSTOR-EXCH02/Exchange/andy.sharp/Inbox/Updated%3A%20WSGR%=
20Meeting.EML?cmd=3Dopen">http://ONSTOR-EXCH02/Exchange/andy.sharp/Inbox/=
Updated%3A%20WSGR%20Meeting.EML?cmd=3Dopen</A></P>
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DTSTAMP:20070802T165316Z
DTSTART;TZID="(GMT-08.00) Pacific Time (US & Canada)/Tijuana":20070807T1530
 00
SUMMARY:Updated: WSGR Meeting
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 010000000AD10AA5F77AAFA49BE8ADD55CA680F3F
ATTENDEE;ROLE=REQ-PARTICIPANT;PARTSTAT=NEEDS-ACTION;RSVP=TRUE;CN="Frank Lau
 rencio":MAILTO:frank.laurencio@onstor.com
ATTENDEE;ROLE=REQ-PARTICIPANT;PARTSTAT=NEEDS-ACTION;X-REPLYTIME=20070801T00
 5000Z;RSVP=TRUE;CN="Jonathan Goldick":MAILTO:jonathan.goldick@onstor.com
ATTENDEE;ROLE=REQ-PARTICIPANT;PARTSTAT=NEEDS-ACTION;X-REPLYTIME=20070709T19
 5800Z;RSVP=TRUE;CN="Tim Gardner":MAILTO:tim.gardner@onstor.com
ATTENDEE;ROLE=REQ-PARTICIPANT;PARTSTAT=NEEDS-ACTION;RSVP=TRUE;CN="Brian DeF
 orest":MAILTO:brian.deforest@onstor.com
ATTENDEE;ROLE=REQ-PARTICIPANT;PARTSTAT=NEEDS-ACTION;RSVP=TRUE;CN="Andy Shar
 p":MAILTO:andy.sharp@onstor.com
ORGANIZER;CN="Cynthia Wang":MAILTO:cynthia.wang@onstor.com
LOCATION:EBC
DTEND;TZID="(GMT-08.00) Pacific Time (US & Canada)/Tijuana":20070807T170000
DESCRIPTION:\N\NClient Alert \N\N \N\NFree Software Foundation Releases GNU
  General Public License\, Version 3\N\NJuly 31\, 2007\N \N\NBackground\N\N
 On June 29\, 2007\, the Free Software Foundation released the final text o
 f the GNU General Public License\, Version 3 (GPLv3) and the GNU Lesser Ge
 neral Public License\, Version 3 (LGPLv3). The release of these licenses i
 s of interest to both those considering the use of third-party software go
 verned by the GPLv3 or LGPLv3\, and those considering the adoption of the 
 GPLv3 or LGPLv3 for an open source project.\N\NGiven the importance and pr
 evalence of the GNU General Public License\, Version 2 (GPLv2)\, which gov
 erns such widely used software as the Linux kernel\, our discussion below 
 primarily addresses the GPLv3\, the successor to the GPLv2. The GPLv3 reta
 ins many of the key features of the GPLv2\, but also includes some notewor
 thy changes.\N\NApplication to GPLv2 Code\N\NThe release of the GPLv3 does
  not necessarily alter a licensee's current obligations with respect to so
 ftware governed by the GPLv2 (GPLv2 Code)\, and users of GPLv2 Code should
  in most cases continue to abide by the terms of the GPLv2 with respect to
  such software. While some open source projects (e.g.\, Samba and GnuPG) h
 ave announced their adoption of the GPLv3 going forward\, this does not af
 fect the applicability of the GPLv2 to code distributed prior to the relea
 se of the GPLv3. Notably\, a number of prominent Linux kernel developers\,
  including Linus Torvalds\, have voiced their reluctance to adopt the GPLv
 3\, and it seems likely that\, for now\, the Linux kernel will remain subj
 ect to the GPLv2.\N\NSimilarities between GPLv3 and GPLv2\N\NLike the GPLv
 2\, the GPLv3 is intended to promote the free availability and use of soft
 ware\, and continues to provide the same fundamental bargain: A GPLv3 lice
 nsee is allowed to freely use\, redistribute\, and improve software govern
 ed by the GPLv3 (GPLv3 Code)\, provided that the licensee complies with th
 e terms of the GPLv3\, including the obligation to make the source code fo
 r the original code and any modifications conveyed by the licensee availab
 le under the terms of the GPLv3.\N\NDifferences between GPLv3 and GPLv2\N\
 NCovered Works. One of the common issues facing those who utilize GPLv2 so
 ftware is the uncertainty as to whether other code that is used or distrib
 uted in conjunction with GPLv2 Code would be subject to the terms of the G
 PLv2\, including the obligation to make the source code available under th
 e terms of the GPLv2. Prior to the GPLv3\, the open source community commo
 nly made a distinction between software that was dynamically linked and so
 ftware that was statically linked to GPL-governed code\, with many presumi
 ng that dynamically linked code was a separate program that would not be g
 overned by the GPLv2. The GPLv3 sheds some new light as to the scope of so
 ftware that is subject to the GPLv3\, but does not provide complete clarit
 y on this issue. \N\NThe GPLv3 requires that a work that copies or adapts 
 "all or part of" the GPLv3 Code and that would require "copyright permissi
 on" would be subject to the terms of the GPLv3. In describing the source c
 ode that must be made available under the GPLv3\, Section 1 of the GPLv3 i
 ncludes a requirement that "the source code for shared libraries and dynam
 ically linked subprograms that the work is specifically designed to requir
 e" must also be made available in source code form under the terms of the 
 GPLv3. Accordingly\, under the GPLv3\, one needs to conduct an analysis ba
 sed on the facts and circumstances in determining which code that is used 
 and conveyed with GPLv3 Code is subject to the terms of the GPLv3\, and sh
 ould not rely merely on the distinction between dynamically linking and st
 atically linking in making this determination. \N\NExpress Patent Terms. U
 nlike the GPLv2\, the GPLv3 expressly addresses the issue of patent licens
 es\, including: \N\N*	Under Section 11 of the GPLv3\, each contributor exp
 licitly grants a non-exclusive\, worldwide\, royalty-free patent license t
 o all licensees of the GPLv3 Code under all patent claims owned or licensa
 ble by the contributor that would be infringed by making\, using\, or sell
 ing the GPLv3 Code. Unlike some open source licenses that limit the scope 
 of a patent grant\, Sections 5 and 11 of the GPLv3 provide that the scope 
 of the patent license granted by a contributor extends not just to the con
 tributor's modifications to a work licensed under the GPLv3\, but to the e
 ntire work licensed under the GPLv3. Although early drafts of the proposed
  GPLv3 stated that the patent license grant applied even in the case of me
 re redistribution with no additional changes to the GPLv3 Code\, in the fi
 nal version\, the patent license grant provision applies only to contribut
 ors who have modified the GPLv3 Code. \N*	The GPLv3 also includes language
  to address the situation in which a third party that licenses its patents
  to selected GPLv3 Code recipients (where the patent licensor is not itsel
 f a distributor of such GPLv3 Code) purports to extend such patent license
  to all users of such GPLv3 Code. In effect\, this language is an attempt 
 to prohibit arrangements such as the reported Microsoft-Novell agreement i
 n which Microsoft licensed its patents to recipients of Novell's SUSE Linu
 x\, but not to others. \N*	Section 10 of the GPLv3 also prohibits the lice
 nsee from initiating any patent infringement litigation (including cross-c
 laims and counterclaims) related to the GPLv3 Code licensed to it. \N\NAcc
 ordingly\, those conveying GPLv3 Code or considering asserting a patent re
 lated to particular GPLv3 Code should carefully consider the impact of the
 se patent provisions. \N\NUser Products and Anti-Circumvention Law. In res
 ponse to the recent proliferation of consumer products that utilize free s
 oftware but then attempt to restrict a consumer's ability to access and mo
 dify the code\, the GPLv3 requires vendors of these products to permit use
 rs to modify the GPLv3 Code. Section 6 of the GPLv3 requires that all GPLv
 3 Code be accompanied by all necessary installation information\, such as 
 authorization keys\, to ensure that the product continues to function with
  modified versions of the GPLv3 Code\, unless it is physically impossible 
 to install modified software on the device. Section 3 of the GPLv3 further
  purports to prohibit vendors of products that include GPLv3 Code from enf
 orcing their rights under laws prohibiting circumvention of digital rights
  management technologies (e.g.\, the Digital Millennium Copyright Act) if 
 the circumvention involves the GPLv3 Code.\N\NCompatibility with the GPLv2
  and Other Open Source Licenses. While the GPLv3 improves compatibility wi
 th several other open source software licenses (such as the Apache License
 \, version 2.0\, and the GNU Affero General Public License for works distr
 ibuted as a Web service)\, it is incompatible with a number of other licen
 ses. Most notably\, the GPLv3 is not backwards-compatible with the GPLv2. 
 Accordingly\, in the event that GPLv3 Code is combined with GPLv2 Code\, t
 here is the possibility that the resulting combined code would be subject 
 to conflicting obligations under the GPLv2 and the GPLv3. As a practical m
 atter\, a number of free software projects already license their code unde
 r the terms of the GPLv2 that expressly permit redistribution or modificat
 ion under the terms of "any later version" of the GPL\, in which case that
  code would be GPLv3-compatible. Consequently\, those utilizing free softw
 are\, including software licensed under the GPLv2\, will need to carefully
  evaluate their ability to comply with the GPLv3.\N\NASP. The GPLv3 also c
 larifies a licensee's obligations in those cases in which a licensee provi
 des access to GPLv3 Code solely as a hosted service\, providing that "mere
  interaction with a user through a computer network\, with no transfer of 
 a copy\, is not conveying." Accordingly\, certain GPLv3 obligations—such
  as making source code available—do not apply in those cases. Section 13
  of the GPLv3 permits GPLv3 Code to be linked with works licensed under th
 e GNU Affero Public License as long as the resulting combination is licens
 ed under the Affero license. Under the terms of that license\, users inter
 acting with the program via a network must be able to obtain the source co
 de to the program from a network server free of charge. Therefore\, busine
 sses operating an ASP should pay particular attention to their use of soft
 ware distributed under the Affero GPL.\N\NAdditional Provisions. The GPLv3
  introduces a number of additional important changes\, including:\N\N*	Unl
 ike the GPLv2\, Section 8 of the GPLv3 now provides express cure periods f
 or first-time violators of the license and a window in which the copyright
  holders must move to terminate the license to their GPLv3 Code for breach
 \, or else the right to terminate the GPLv3 lapses. \N*	Section 6 of the G
 PLv3 provides that a distributor of GPLv3 Code in object code form that is
  embodied in a physical product (including CDs) now is expressly permitted
  to meet its source code distribution obligations via a network server. \N
 *	GPLv3 now expressly permits licensors to supplement the license from a l
 ist of additional terms set forth in Section 7 of the GPLv3 (including pro
 hibiting misrepresentation of the origin of the licensed software\, declin
 ing to grant rights for use of certain trademarks\, and requiring indemnif
 ication of upstream authors and licensors by distributors for any liabilit
 y arising out of contractual assumptions of liability assumed by the distr
 ibutor). \N*	Finally\, the license includes a number of changes intended t
 o improve its enforceability in foreign jurisdictions. \N\NConclusion\N\NT
 he release of the final text of the GPLv3 is an important milestone for th
 e open source software community\, and undoubtedly will affect many busine
 sses relying on open source software. Please contact Sara Harrington <http
 ://www.wsgr.com/WSGR/DBIndex.aspx?SectionName=attorneys/BIOS/1688.htm> \, 
 Suzanne Bell <http://www.wsgr.com/WSGR/DBIndex.aspx?SectionName=attorneys/
 BIOS/408.htm> \, Adit Khorana <http://www.wsgr.com/WSGR/DBIndex.aspx?Secti
 onName=attorneys/BIOS/1871.htm> \, or another member of Wilson Sonsini Goo
 drich & Rosati's technology transactions practice to discuss any questions
  that you may have regarding compliance with\, or use of\, the GPLv3 or LG
 PLv3. Special thanks to Renat Lumpau for his significant contributions to 
 this Client Alert.\N\NPlease click here <http://www.wsgr.com/WSGR/Display.
 aspx?SectionName=publications/PDFSearch/clientalert_gnu.pdf>  for a printa
 ble version of this Client Alert.\N\NRight-click here to download pictures
 . To help protect your privacy\, Outlook prevented automatic download of t
 his picture from the Internet.\N\NWSGR\N\Nre:source\N\NInformation. Experi
 ence. Relationships.\N\NWSGR re:source is the forum through which clients\
 , at all stages of growth\, gain access to the full spectrum of informatio
 n\, experience\, and relationships that Wilson Sonsini Goodrich & Rosati p
 rovides. Our regular networking and education programs range from updates 
 and analysis on principal legal matters to interactive seminars on complex
  issues and transactions. It is through these regular seminars and program
 s that our clients have an opportunity to learn new strategies for dealing
  with legal issues and to network with other companies\, gaining both tech
 nical and practical expertise.\N\N  _____  \N\NTo remove your name from ou
 r mailing list for similar information updates and memos\, please email WS
 GR_Resource@wsgr.com <mailto:WSGR_Resource@wsgr.com&subject=Remove-GNU%20C
 lient%20Alert>  with "remove" in the subject line.\N\NThis communication i
 s provided for your information only and is not intended to constitute pro
 fessional advice as to any particular situation.\N\N \N\N \N\N\NThis email
  and any attachments thereto may contain private\, confidential\, and priv
 ileged material for the Right-click here to download pictures. To help pro
 tect your privacy\, Outlook prevented automatic download of this picture f
 rom the Internet.sole use of the intended recipient. Any review\, copying\
 , or distribution of this email (or any attachments thereto) by others is 
 strictly prohibited. If you are not the intended recipient\, please contac
 t the sender immediately and permanently delete the original and any copie
 s of this email and any attachments thereto.\N\N \N\N\NThis email and any 
 attachments thereto may contain private\, confidential\, and privileged ma
 terial for the sole use of the intended recipient. Any review\, copying\, 
 or distribution of this email (or any attachments thereto) by others is st
 rictly prohibited. If you are not the intended recipient\, please contact 
 the sender immediately and permanently delete the original and any copies 
 of this email and any attachments thereto.\N	\N\N
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