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alcinnz

@csddumi I'd like to comment that my advocacy in response to seeing this exploitation of our labor is to advise being more mindful in regards to the projects we tackle.

Centralized services, JavaScript frameworks, big data analysis, etc are always the first things to be exploited. So try going more decentralized... Try making a GTK or Qt app...

This approach can go far, but sure. Not all the way.

@alcinnz

> to limit or define what constitutes “proper”,“sustainable” or “reliable” free software is to limit these freedoms by limiting how they are exercised “properly”, “sustainably” or “reliably”.
/1

@alcinnz
I say that because of just such considerations: Free Software shouldn't change the problems that it works on just in order to avoid exploitation. Instead we need to challenge the exploiters and demand equal and fair treatment. Whether this means that big tech should open source the projects they developed based on #FOSS or that they have to financially support #FOSS developers depends on the developers themselves

@csddumi I can appreciate such a viewpoint, but I do question the utility of these most-exploited domains.

Centralized services require, even more than anything else, require additional governance to deliver the benefits of free software. Not to mention p2p tech is advancing...

JavaScript (or rather the DOM) I don't view as sustainable, once Google for whatever reason looses interest the ecosystem will crumble.

And the only valid use for big data I see is science...

@alcinnz those are fine arguments and discussions to have.

But I do not think we should build these considerations into the system for sustaining free software.

Sustaining Free Software should not change free software's subjects - the freedoms of the developers.

@csddumi @alcinnz @mathew @Hyolobrika @humanetech @TMakarios I don't think I disagree that people should be able to protect themselves from perceived exploitation. I think forming an organization to do that makes perfect sense, if a group of people who maintain software wish to do that. Where the concept of unionization seems to fall down for me is the idea that any one group could ever be representative of all hobbyists or professionals. I have been denied a job (in trades) due to not being a member of a union before too so the term comes pre-loaded with some negative connotations for me I'm sure.

I still say that proper license selection should be all that is required. If there is no suitable license for your needs, I am sure there are avenues to create a new license model more inline with your particular concept of free software. One thing I don't know if you have considered is that many of the people hired by these big companies are the same hobbyists who in their free time also develop software off the clock. If they felt like their labor was being exploited by the company they could always coordinate a protest or walkout to make some noise. I've never heard of anything like this happening except for the political noise you sometimes hear out of facebook or twitter (also opensource powered companies who have "given back" to some degree).

Keep in mind I do not like these companies. I feel a little icky defending their use of community developed software as non-exploitative. There are plenty of other ways we are all being exploited by them. I just think our licenses should say what we mean, and if they don't that would be a better area to focus some attention than trying to get everyone to wave the same flag.

@thatguyoverthere @mathew @humanetech @alcinnz @TMakarios @Hyolobrika

Waving the same flag. I can certainly see why my proposal would could lead to this - as long as we persume that:
a) these groups would be closed gardens with strong gate keepers
b) that there was only a monopoly or duopoly of them
c) that only a monopoly or duopoly could act effectively.

I don't think any of these assumptions need to be true. There can be multiple of these groups - only coordinating when the need arises.

@csddumi @thatguyoverthere @mathew @humanetech@mastodon.social @TMakarios@theres.life @Hyolobrika@mstdn.io An existing one worth pointing out: The Software Freedom Conservancy!

@thatguyoverthere @mathew @humanetech @alcinnz @TMakarios @Hyolobrika

A great example of exploitative pratices regarding #FOSS is probably #TruthSocial - which also highlights a problem with the argument, that you just need to tweak the license and everything will be fine.

Because as long as copyright infringements (and thus license term violations) have to be declared by the copyright holder - giving them the sole responsibility to enforce these license terms in a court of law.

@thatguyoverthere @mathew @humanetech @alcinnz @TMakarios @Hyolobrika

I'm personally unable to prosecute anyone violating license terms on my copyright - at least at the moment.

@csddumi @mathew @humanetech @alcinnz @TMakarios @Hyolobrika I'm not really sure what they've done wrong from a #FOSS perspective. From an organizational and cultural position sure, I think they were stupid not to go ahead and just start an open federated instance, but as far as I am aware they broke no rules. If people are mad because Trump is benefiting from their labor of love, that's a political issue and I don't really have much interest in being part of all that. The way it looks they aren't doing so hot anyway. It would say a lot for any politician to setup and maintain a freely accessible #fediverse instance in my opinion, so I am still hoping they'll undo whatever dumb shit they did to avoid federating and just become another instance in the many instead of trying to be the next twitter.
@csddumi @mathew @alcinnz @humanetech @TMakarios @Hyolobrika yeah I remember the dust up, but no one had actually broken any rules when the community found they were using mastodon. Their terms of service, which may or may not have been a final draft suggested they owned some portion of the code, and maybe they were planning to avoid attribution and release of their source, but the site wasn't actually in use yet. it was a huge ordeal to a lot of people on purely political grounds and so a big stink was made. As I recall they have released their code at this point and acknowledged they are using mastodon and I think soapbox. At the end of the day it looked like they might have been considering trying to play coy and act like they wrote the whole platform, but a simple letter pointing out that would be a license violation seems all that was required to nip that in the bud. It's possible that wasn't even their intent, and I'm even willing to suggest the people put in charge of that project are literally retarded and didn't know any better. We'll never know because before they went live they complied with licensing requirements.

It is possible they were planning to rip people off, and if they had done so the license would have provided a legal pathway to resolution.

@thatguyoverthere @mathew @alcinnz @humanetech @TMakarios @Hyolobrika

You are of the opinion that all that will be necessary to institute any fair relationship between #FOSS and their dependents is the choice of license.

Once a license is chosen, they can only be changed with a lot of effort.

I mean, look at Linux. Today updating the license to GPLv3 or any other license will almost be impossible, because there are too many contributors.

/1

@csddumi @mathew @alcinnz @humanetech @TMakarios @Hyolobrika yes, changing the license should be difficult. If we are building software for the free software community we can't get upset when people we don't like participate in what has historically been an open community. This is similar in my view to the way protection of speech rights should be handled. I would even go so far as to argue free software is an extension of free speech. I believe people have the right to speak their minds, but I don't try and silence people I disagree with.

@thatguyoverthere @mathew @alcinnz @humanetech @TMakarios @Hyolobrika

So, why do you think that unforeseen situations may undermine the spirit of the license but not it's wording?

@csddumi @mathew @alcinnz @humanetech @TMakarios @Hyolobrika I'm not sure I know what you mean? What spirit of the license was undermined? I think that if their ToS remained as it was before they released their source when they went live without disclosing they would have broken with the license agreement. It's possible too that they were ignorant of this fact before the letter from Mastodon. Their ignorance would not have protected them from a license infringement, but at the end of the day they fulfilled their obligations prior to opening the platform up for registrations.

@thatguyoverthere @mathew @alcinnz @humanetech @TMakarios @Hyolobrika

And had Mastodon gGmbH (and only them) not sent a complaint they would have continued to be violated.

That's my problem with licenses: They can only be enforced by the holder of the copyright that they relate to. Which for anyone without access to lawyers or legal experience is a high threshold.

@csddumi @mathew @alcinnz @humanetech @TMakarios @Hyolobrika Maybe a good place to put attention then is on how to make the courts more accessible to the average citizen. I think this is something that extends beyond simply software development and speaks to a much larger systemic issue. I do think the license holder should be the one who has the right [and responsibility] to call out infringement since they are the only one who has any claim to damages, but I also think that you make a good point about how difficult the law can be to navigate.

@thatguyoverthere @mathew @csddumi @humanetech@mastodon.social @TMakarios@theres.life @Hyolobrika@mstdn.io At which point its worth noting The Software Freedom Conservancy does litigation (mostly just threats) for the projects under their umbrella. Also they're advocating for courts to allow impacted users to be able to bring these cases, which I've seen a little controversy over since that doesn't have any basis in copyright law.

@alcinnz @mathew @csddumi @humanetech @TMakarios @Hyolobrika

Very cool. Pertinent to the discussion, here is actually the Vizio case where end users rather than the license holder are being represented in court based on the user [consumer] rights protected by GPL.

https://sfconservancy.org/copyleft-compliance/vizio.html

The GPL is a copyleft license that ensures end users the freedom to run, study, share, and modify the software. Copyleft is a kind of software licensing that leverages the restrictions of copyright, but with the intent to promote sharing (using copyright licensing to freely use and repair software).

Software Freedom Conservancy, a nonprofit organization focused on ethical technology, is filing the lawsuit as the purchaser of a product which has copylefted code. This approach makes it the first legal case that focuses on the rights of individual consumers as third-party beneficiaries of the GPL.

“That’s what makes this litigation unique and historic in terms of defending consumer rights,” says Karen M. Sandler, the organization’s executive director.

According to the lawsuit, a consumer of a product such as this has the right to access the source code so that it can be modified, studied, and redistributed (under the appropriate license conditions).

“We are asking the court to require Vizio to make good on its obligations under copyleft compliance requirements,” says Sandler. She explains that in past litigation, the plaintiffs have always been copyright holders of the specific GPL code. In this case, Software Freedom Conservancy hopes to demonstrate that it’s not just the copyright holders, but also the receivers of the licensed code who are entitled to rights.

sfconservancy.orgCopyleft Compliance Projects - Software Freedom ConservancyThe Software Freedom Conservancy provides a non-profit home and services to Free, Libre and Open Source Software (FLOSS) projects.

@csddumi It looks like as far back as 2015 Debian has been working with the Conservancy to delegate authority to take action on copyright claims.

https://sfconservancy.org/news/2015/aug/17/debian/

Conservancy can now accept assignment agreements or enforcement agreements for any Debian contributors who choose to join the Aggregation Project. Currently, Debian developers interested in this program can contact debian-services@sfconservancy.org. The DPL and Conservancy are working together to create a self-service system for filing the paperwork.

@alcinnz @Hyolobrika @TMakarios @humanetech @mathew

Software Freedom ConservancyConservancy and Debian announce Copyright Aggregation ProjectThis past weekend, in his keynote at DebConf (the Debian Project's annual conference in Heidelberg, Germany), Software Freedom Conservancy's Distinguished Technologist and President, Bradley M. Kuhn, announced Conservancy's Debian Copyright Aggregation Project. This new project, formed at the request of Debian developers, gives Debian contributors various new options to ensure the defense of software freedom. Specifically, Debian contributors may chose to either assign their copyrights to Conservancy for permanent stewardship, or sign Conservancy's license enforcement agreement, which delegates to Conservancy authority to enforce Free Software licenses (such as the GNU General Public License). Several Debian contributors have already signed both forms of agreement.