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  1. Bradley M. Kuhn Bradley M. Kuhn Free Software Foundation , Simon Phipps

    @webmink, you're misrepresenting !FSF's position. FSF has published various suggestions for for-profit ©AAs to make them similar to FSF's.

    about a year ago from web
    • chromatic chromatic

      @bkuhn, anyone who thinks there's consensus on anything in FLOSS... well, the phrase "born yesterday" comes to mind.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn chromatic

      @chromatic, I admit my fear is that developers don't spend enough time considering complex licensing issues & fear #Harmony preys on that.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn chromatic

      @chromatic, weirdly,getting consensus on stuff like this is much easier, b/c devs often defer to lawyers w/out wondering about their motives

      about a year ago
    • chromatic chromatic

      @bkuhn if #harmony can produce good documents for licensing, not assignment, I see it as positive.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn chromatic , Richard Fontana

      @chromatic, as @fontana has pointed out, a broad #CLA is legally close to assignment anyway, so it's a bit of a hoodwink on that front.

      about a year ago
    • Simon Phipps Simon Phipps chromatic

      @chromatic The key will be in the classification scheme & geek FAQ rather than the actual licenses. Today both a poor.

      about a year ago
    • Simon Phipps Simon Phipps chromatic

      @chromatic Additionally, I remain concerned that all Harmony variants allow one community member to have unequal rights.

      about a year ago
      Richard Fontana likes this.
    • Bradley M. Kuhn Bradley M. Kuhn Simon Phipps

      @webmink, I think that may be true as well. Seems there is no way to bind everyone to copyleft, but it needs much study to know for sure.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn The only sure solution is distributed copyright. FSF needs to stop accumulating it & set a good example.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Free Software Foundation , Simon Phipps

      @webmink, I support non-mandatory ©AA for !FSF, but FSF ©AA & charter already has promises to uphold devs' & users' rights; Canonical won't.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn Everyone thinks they have a great excuse for doing it. I have repeatedly heard FSF's use of it used to justify other use though.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn Until FSF condemns copyright assignment as outdated and unwarranted, it will never go away.

      about a year ago
      Mike Linksvayer likes this.
    • Bradley M. Kuhn Bradley M. Kuhn Free Software Foundation , Simon Phipps

      @webmink, yes, many people are good at misrepresenting !FSF to their own ends. It's how #Shuttleworth's #Harmony campaign started, in fact.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Software Freedom Conservancy , busybox , Simon Phipps

      @webmink,but ©AAs aren't completely unwarranted;E.g., !Conservancy has some for !BusyBox devs who want someone they trust enforcing for them

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn They are an exceptional mechanism that should ~ never be used and FSF should be telling people that.

      about a year ago
      Mike Linksvayer likes this.
    • Simon Phipps Simon Phipps

      @bkuhn Instead the FSF keeps justifying copyright assignments as sauce for the goose that must on no account be used on the gander.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Simon Phipps

      @webmink, if you'd ever tried to enforce !GPL, you'd understand why ©AAs are somewhat needed, although I agree universal mandatory ©AA isn't

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn I am not misrepresenting; I understand their argument and agree in context. But it sets a dreadful example.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn Do you claim it impossible for the GPL to be enforced on distributed copyright?

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Free Software Foundation , Simon Phipps

      @webmink, only b/c ppl like #Shuttleworth prey on conflating things. Simply: !FSF ©AAs make binding community promises;for-profit ones don't

      about a year ago
      alek likes this.
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Simon Phipps

      @webmink, quite the contrary! But, *someone* who will enforce !GPL needs to have a large amount of ©. Do you realize how rare that occurs?

      about a year ago
      Mike Linksvayer likes this.
    • Simon Phipps Simon Phipps

      @bkuhn There is a greater risk of unenforceability, but mitigating that risk comes at the cost of community equality.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn I do. So fix it through education, not by justifying a community toxin.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Free Software Foundation , Simon Phipps

      @webmink, !FSF ©AA goes to great pains to bind FSF from doing anything anti-community. Also, NPOs have to serve the public good at all times

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Simon Phipps

      @webmink, you're speaking in complete hyperbole. It's not worth debating you when you make such overblown statements that are unjustified.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn I seriously think it's time for the FSF to step forward here and stop diluting the argument with special pleading.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn As I recall, that's what Canonical say to you...

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Simon Phipps

      @webmink,there's no reason to abandon a useful tool b/c others are trying to manipulate it. By that argument, we should give up copyleft too

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn There is no alternative to copyleft that I'm aware of.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Canonical Ltd. , Simon Phipps

      @webmink, Actually, !Canonical hasn't. Other people have re: some arguments I've made. & I admitted term "Open Core" I used confused issue.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn BTW, hyperbole is the perfect rhetorical style for 140 character messages :-)

      about a year ago
      Richard Fontana likes this.
    • Bradley M. Kuhn Bradley M. Kuhn Simon Phipps

      @webmink, & there's no alternative to ©AA when a © holder wants an NPO to enforce on holder's behalf & not have to be involved in any way.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Simon Phipps

      @webmink, I primarily object to use of term "toxic" to refer to ©AA. The analogy is way out of proportion to force me to have to disagree.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn You say that as if it is the norm. I assert that's a corner case. Letting it control the stage is an error.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Simon Phipps

      @webmink, I agree ©AAs are #problematic, but not toxic. If there were an easier way for an NPO to take over !GPL enforcement, I'd use it.

      about a year ago
      Jason Riedy likes this.
    • Simon Phipps Simon Phipps

      @bkuhn Copyright assignment poisons community by giving one participant rights unavailable to all others. I believe "toxin" is appropriate.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Free Software Foundation , Simon Phipps

      @webmink, !FSF's rights in this regard are quite limited due to the various promises & Form 1023 obligations. "Poison" is again hyperbole.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Simon Phipps

      @webmink, fact that !GPL enforcement is a rare is a major community problem; #copyleft teeters on edge of meaninglessness b/c of this.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Simon Phipps

      @webmink, if we increased amount of ©AAs for various !GPL projects to increase community-oriented enforcement, that'd be opposite of toxic.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn Copyleft has changed the world & will continue to do so unless we let it be gamed by avoiders. Enforcement is secondary.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn Not that I expect you to agree with that :-)

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn speaking of which... couldn't GPLv4 grant recipients enforcement power?

      about a year ago
    • Simon Phipps Simon Phipps Simon Phipps

      @webmink It is deeply ironic that for the sake of promoting enforcement we allow avoidance to be less condemned...

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Simon Phipps

      @webmink,unenforced !GPL is just a funny way of saying #Apache 2.0-licensed. GPL violators *are* a subset of the gaming avoiders you mention

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Alexandre Oliva

      @lxoliva, there's no way to give enforcement power to anyone but copyright holder if !GPL remains a copyright license.

      about a year ago
    • Philip Newborough Philip Newborough Simon Phipps

      @webmink, are you talking to yourself? http://muppy.org/1e - I hope so, because it'll make me feel more sane! :D

      about a year ago
    • Simon Phipps Simon Phipps Philip Newborough

      @corenominal Yes, eventually it gets too much for me. The next step is sure to involve alcohol.

      about a year ago
    • Philip Newborough Philip Newborough Simon Phipps

      @webmink, that's the spirit, enjoy! :)

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn I worry far more about those subverting and suffocating software freedom through excessive control.

      about a year ago
    • Simon Phipps Simon Phipps Philip Newborough

      @corenominal You're right - it's time to leave conversing with @bkuhn & instead hit the Hendricks.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Simon Phipps

      @webmink, taking software freedom away from actual users is still the most subverting thing; it's what we fight against.

      about a year ago
    • Simon Phipps Simon Phipps

      @bkuhn Protecting software freedom takes more than guaranteeing source availability these days.

      about a year ago
      Richard Fontana likes this.
    • Mike Linksvayer Mike Linksvayer Simon Phipps

      @webmink I doubt you're "speaking in complete hyperbole" but would love to see explained how education can fix problem @bkuhn describes.

      about a year ago
    • Simon Phipps Simon Phipps Mike Linksvayer

      @mlinksva Explaining how to voluntarily assign sufficient copyright to activate @bkuhn seems no harder than encouraging mass assignment

      about a year ago
    • Wayne Borean Wayne Borean Simon Phipps

      @webmink @bkuhn As I advocated in the Canadian Copyright Consultation, #copyright should be non-transferable, except by inheritance.

      about a year ago
    • Simon Phipps Simon Phipps Wayne Borean

      @themadhatter That ("moral rights only") addresses nothing as it can still be broadly or exclusively licensed. Seen it in Germany.

      about a year ago
    • Mike Linksvayer Mike Linksvayer Simon Phipps

      @webmink how to "assign sufficient copyright to activate @bkuhn" while not "encouraging mass assignment" given identi.ca/notice/71206659 ?

      about a year ago
    • Wayne Borean Wayne Borean Simon Phipps

      @webmink Not moral rights - all rights.

      about a year ago
    • Wayne Borean Wayne Borean Simon Phipps

      @webmink For all creators of copyrighted works. Anyone wanting to use them would have to lease the works for time limited periods

      about a year ago
    • Wayne Borean Wayne Borean Simon Phipps

      @webmink automatic renewals not allowed. This would give the creator total control. If the creator chose to license using #GPL or #CC...

      about a year ago
    • Wayne Borean Wayne Borean Simon Phipps

      @webmink That would be up to the creator. This would force the corporate sector to play fair. This was aimed at the CRIA actually.

      about a year ago
    • Wayne Borean Wayne Borean Simon Phipps

      @webmink Needless to say, the CRIA loves me.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Richard Stallman Political Notes , Richard Fontana

      @fontana, email @rms & convince him. He's not opposed, just doesn't see considering it as a priority yet. He does answer his email. :)

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Software Freedom Law Center , Richard Fontana

      @fontana,I don't know why !SFLC was involved in #Harmony;I was forbidden by management from being involved in it when I was an SFLC employee

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Software Freedom Law Center , Richard Fontana

      @fontana, Don't know for sure why !SFLC management forbid my involvement;I assume usual reason they banned me from stuff:knowing I disagreed

      about a year ago
    • drew Roberts drew Roberts

      @bkuhn grant them the right to make you enforce if they foot the bill? for consideration? I think the law gets it wrong with copyleft anyhow

      about a year ago
    • drew Roberts drew Roberts drew Roberts

      @zotz @bkuhn because users do have an interest and so should have standing in my view.

      about a year ago
    • drew Roberts drew Roberts

      @bkuhn could ©AAs be worded to give a joint and undivided interest over the code assigned to the party assigning and being assigned to?

      about a year ago
    • Simon Phipps Simon Phipps Richard Fontana

      @fontana Fairer, actually. That was as far as I could push it.

      about a year ago
    • drew Roberts drew Roberts Richard Fontana

      @fontana how is this greater than the proprietization available to any non-copyleft #Free codebase?

      about a year ago
    • drew Roberts drew Roberts Richard Fontana

      @fontana power inequalities, perhaps. (rich still have more power perhaps) danger of having a party make non-#Free version equal? or less?

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn why? GPL grants various permissions, why not permission for downstream to sue upstream over deviations from license?

      about a year ago
    • Rui Seabra Rui Seabra The GNU General Public License , Alexandre Oliva

      @lxoliva what's a deviation? For some !Gpl 3 is a deviation (eg, those who don't care for drm or those who want it)

      about a year ago
    • Rui Seabra Rui Seabra Alexandre Oliva

      @lxoliva seems to me that it would create a very real slippery slope.

      about a year ago
    • Alexandre Oliva Alexandre Oliva Rui Seabra

      @ruiseabra I meant deviation from license = copyright infringement

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Alexandre Oliva

      @lxoliva, that can only be done if !GPL is a contract. The only one w/ power to enforce © is the ©holder or their formally designated agents

      about a year ago
    • Alexandre Oliva Alexandre Oliva Richard Fontana

      @bkuhn @fontana you sure? AFAIK some jurisdictions permit e.g. exclusive licensees to enforce without contract. maybe we can innovate

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn copyright , Richard Fontana

      @fontana, The idea seems reasonably ok to me, but we aren't going to change !copyright law anytime soon for any reason other than Disney's.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Alexandre Oliva

      @lxoliva, I know ∃ some attempt to use fraud law for !GPL enforcement by users in Australia; I'm unsure of outcome of that (maybe ongoing).

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Alexandre Oliva

      @lxoliva,if you know jurisdictions where this sort of innovative !GPL enforcement by users is possible,I urge you to coordinate such. Cc me!

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn I know CC.br lawyers defend the theory that this is possible

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn they defend the theory that, per .br law, GPL is a unilateral contract with a 3rd-party beneficiary that can demand the benefits

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn that sounds nonsensical to me, for it 3rd party could sue licensee, then it wouldn't be a unilateral contract, but...

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn ... they're lawyers and I'm not, and law doesn't have to make sense to non-lawyers, right? :-) never tried in court AFAIK

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn IIRC there was a case in France that got worldwide attention, that downstream recipient managed to demand compliance from mitm

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn it was this French case that got me thinking that the theory might hold water in Roman (as opposed to Common Law) jurisdictions

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Alexandre Oliva

      @lxoliva, sounds weird to me too. However, we should try it! Can you (a) find a !GPL violation in .br & (b) ask these folks to help enforce?

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn but what I'm suggesting is an explicit grant of permission in GPL to demand compliance from upstream. why can't it be unilateral?

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Free Software Foundation , Alexandre Oliva

      @lxoliva, yes, that's #VNC enforcement !FSF.fr helped w/. But IIRC it relied on formal contract btw 2 parties re: disclosure of sw licenses.

      about a year ago
    • Alexandre Oliva Alexandre Oliva Pedro Paranaguá

      @bkuhn @pedroparanagua, would you guys like to help us try this theory, described in the FGV report on the GPL prepared for ITI?

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Alexandre Oliva , Richard Fontana

      @lxoliva,I understand idea. It doesn't work under USA © b/c it's not a right that © holder can grant to others via © license. (cc: @fontana)

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Alexandre Oliva , Pedro Paranaguá

      @pedroparanagua & @lxoliva, I'd love to work on this novel idea for .br !GPL enforcement. Send me email if you're interested & we'll discuss

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn are patent licenses rights that a © holder can grant to others via © license?

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Alexandre Oliva

      @lxoliva, #swpats licenses in !GPL are expressed as conditional requirements one must fulfill to gain © permissions. That's why they work.

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Alexandre Oliva

      @lxoliva, !GPL *could* say:"If you get notice from a user that you're out of compliance,you lose distribution right",but that's #problematic

      about a year ago
    • Ted Smith Ted Smith

      @bkuhn I've heard of copyright trolls with "enforcement rights" to movies; could I give large numbers of people said rights to my software?

      about a year ago
    • Bradley M. Kuhn Bradley M. Kuhn Software Freedom Conservancy , copyright , busybox , The GNU General Public License , Ted Smith

      @tedks, only way it works is if you form an org to be a !copyright enforcement agent. e.g., !Conservancy does this for !BusyBox re: !GPLv2.

      about a year ago
    • Alexandre Oliva Alexandre Oliva

      @bkuhn err, that's not how I understand GPLv3 section 11. initial © holder fits “contributor” definition, thus grants patent license

      about a year ago
      Ricardo Dias Marques likes this.
    • Bradley M. Kuhn Bradley M. Kuhn The GNU General Public License , Alexandre Oliva

      @lxoliva, well, indeed, the © holder is granting something along w/ the license, but only enforcement hook if they fail is usual !GPL ones.

      about a year ago

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