Supporting Conservancy Makes a Difference
by Bradley M. Kuhn on February 13, 2017
There are a lot of problems in our society, and particularly in the USA, right now, and plenty of charities who need our support. The reason I continue to focus my work on software freedom is simply because there are so few focused on the moral and ethical issues of computing. Open Source has reached its pinnacle as an industry fad, and with it, a watered-down message: “having some of the source code for some of your systems some of the time is so great, why would you need anything more?”. Universal software freedom is however further from reality than it was even a few years ago. At least a few of us, in my view, must focus on that cause.
I did not post many blog posts about this in 2016. There was a reason for that — more than any other year, work demands at Conservancy have been constant and unrelenting. I enjoy my work, so I don't mind, but blogging becomes low priority when there is a constant backlog of urgent work to support Conservancy's mission and our member projects. It's not just Conservancy's mission, of course, it's my personal one as well.
For our 2016 fundraiser, I wrote last year a blog post entitled “Do You Like What I Do For a Living?”. Last year, so many of you responded, that it not only made it possible for me to continue that work for one more year, but we were able to add our colleague Brett C. Smith to our staff, which brought Conservancy to four full-time staff for the first time. We added a few member projects (and are moving that queue to add more in 2017), and sure enough — the new work plus the backlog of work waiting for another staffer filled Brett's queue just like my, Karen's and Tony's was already filled.
The challenge now is sustaining this staffing level. Many of you came to our aid last year because we were on the brink of needing to reduce our efforts (and staffing) at Conservancy. Thanks to your overwhelming response, we not only endured, but we were able to add one additional person. As expected, though, needs of our projects increased throughout the year, and we again — all four of us full-time staff — must work to our limits to meet the needs of our projects.
Charitable donations are a voluntary activity, and as such they have a special place in our society and culture. I've talked a lot about how Conservancy's Supporters give us a mandate to carry out our work. Those of you that chose to renew your Supporter donations or become new Supporters enable us to focus our full-time efforts on the work of Conservancy.
On the signup and renewal page, you can read about some of our accomplishments in the last year (including my recent keynote at FOSDEM, an excerpt of which is included here). Our work does not follow fads, and it's not particularly glamorous, so only dedicated Supporters like you understand its value. We don't expect to get large grants to meet the unique needs of each of our member projects, and we certainly don't expect large companies to provide very much funding unless we cede control of the organization to their requests (as trade associations do). Even our most popular program, Outreachy, is attacked by a small group of people who don't want to see the status quo of privileged male domination of Open Source and Free Software disrupted.
Supporter contributions are what make Conservancy possible. A year ago, you helped us build Conservancy as a donor-funded organization and stabilize our funding base. I now must ask that you make an annual commitment to renewal — either by renewing your contribution now or becoming a monthly supporter, or, if you're just learning about my work at Conservancy from this blog post, reading up on us and becoming a new Supporter.
Years ago, when I was still only a part-time volunteer at Conservancy, someone who disliked our work told me that I had “invented a job of running Conservancy”. He meant it as an insult, but I take it as a compliment with pride. In fact, between me and my colleague (and our Executive Director) Karen Sandler, we've “invented” a total of four full-time jobs and one part-time one to advance software freedom. You helped us do that with your donations. If you donate again today, your donation will be matched to make the funds go further.
Many have told me this year that they are driven to give to other excellent charities that fight racism, work for civil and immigration rights, and other causes that seem particularly urgent right now. As long as there is racism, sexism, murder, starvation, and governmental oppression in the world, I cannot argue that software freedom should be made a priority above all of those issues. However, even if everyone in our society focused on a single, solitary cause that we agreed was the top priority, it's unlikely we could make quicker progress. Meanwhile, if we all single-mindedly ignore less urgent issues, they will, in time, become so urgent they'll be insurmountable by the time we focus on them.
Industrialized nations have moved almost fully to computer automation for most every daily task. If you question this fact, try to do your job for a day without using any software at all, or anyone using software on your behalf, and you'll probably find it impossible. Then, try to do your job using only Free Software for a day, and you'll find, as I have, that tasks that should take only a few minutes take hours when you avoid proprietary software, and some are just impossible. There are very few organizations that are considering the long-term implications of this slowly growing problem and making plans to build the foundations of a society that doesn't have that problem. Conservancy is one of those few, so I hope you'll realize that long-term value of our lifelong work to defend and expand software freedom and donate.
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Conservancy is excited to announce that an anonymous donor has agreed to match 150 new or renewing Supporters. They’ve challenged us to meet the goal quickly: the match starts now along with FOSDEM in Brussels, and runs about a week to the end of Monday, February 13 (noon on Tuesday, February 14 UTC).
This is Conservancy’s most aggressive match program to date. After an impressive rally from the community to meet the end of the Private Internet Access match last month, we’re eager to see whether we can build off that momentum and the buzz of FOSDEM to sign up 150 Supporters in a week. So don’t hesitate: join or renew as a Conservancy Supporter today!
We’re especially looking to use this opportunity to encourage new Supporters to join. If you’re already a Supporter, please spread the word about this match to your friends and colleagues and encourage them to sign up. The bigger our Supporter base, the more projects we can help with fiscal sponsorship, outreach, and compliance work. The more we can do, the more the community benefits, so make sure your friends know about this limited-time chance!
Also covered on LWN at: https://lwn.net/SubscriberLink/706361/a9ca4ee12c04d5d7/
November 16, 2016 by Brett Smith
Recap: GPL Compliance BoF at Linux Plumbers’ Conference
At the Linux Plumbers Conference a couple of weeks ago, Karen and I ran a Birds of a Feather session about our GPL Compliance Project for Linux Developers. It was a success by every measure. Approximately seventy people attended, and about twenty of them participated in the discussion, covering a wide variety of issues around compliance. The interactive and inclusive format was ideal for us to provide additional information and get feedback from a lot of interested people. Many thanks to the Linux Plumbers Organizing Committee for scheduling a slot for us to run this session.
We opened the discussion with a basic overview of the program: its history and mission, the structure of how we coordinate with Linux developers on our coalition, the typical flow of how we respond to a violation and work to help the distributor comply. We published the project agreement templates beforehand to facilitate the discussion. In the past, we heard people express concern that these agreements were private. We were happy to tackle that issue head-on, and I was glad to see several attendees download the template and review it during the session.
We also talked about how our work differs from some inappropriately aggressive enforcement efforts going on today—including Patrick McHardy's unfortunate enforcement lawsuits. One person rightly pointed out that less savvy distributors will often assume all GPL compliance is handled the same way. We discussed how Conservancy could emphasize the distinctions up front. We agree that's important; it's why we published our Principles of Community-Oriented GPL Enforcement, and why we were the first organization to publicly criticize McHardy's actions. Still, a new Linux distributor might not know about our principles, or understand that they specifically call on lawsuits only as a last resort. Based on this feedback, we plan to mention the Principles in our first correspondence about GPL compliance problems.
Our transparency in our methods and goals distinguishes Conservancy's compliance work from others'. There were several suggestions that we could take this further by publishing different numbers about how many cases we're handling, and different ways they've been resolved. To this end, Karen echoed the same point Bradley made at ELC EU that we only have the resources to pursue a relatively small percentage of the violation reports we receive. Because of this, publishing these numbers could de-anonymize active cases, which would contravene our compliance principles. Nonetheless, we will reexamine this issue to see if we could publish some numbers safely.
That discussion led to suggestions that volunteers could help us with technical compliance work, confirming violations and the completeness of source code. We've discussed that idea internally for many years. Even more than publishing numbers, engaging volunteers risks leaking information about violators to the public. Furthermore, we would need to vet and train volunteers, which we lack the resources to do now. If we received funding for this work, we could use that to plan and provide volunteer training, but there has been limited interest in funding community-oriented compliance initiatives.
Finally, we discussed different ways to make compliance work less necessary. We'd love to see more of this: as more distributors proactively come into compliance, we have more time to spend supporting our member projects and other initiatives. That's a big reason we helped write the Copyleft Guide, which helps distributors better understand the conditions and requirements of the GPL. The pristine source example, in particular, is designed to show step-by-step the process of verifying a complete, corresponding source release. There's certainly lots of great ideas for more work like this, and I think naming them in the BoF helped make some good connections between them.
Our thanks to everyone who attended and provided feedback. If you couldn't attend this BoF, don't worry. We'll be running similar sessions at other conferences over the next few months, and you can also provide feedback on our principles-discuss mailing list. We want to hear from as much of the community as possible, so if you have questions or comments about our Linux compliance work, we hope we'll hear from you soon.
Posted by Brett Smith on November 16, 2016. Please email any comments on this entry to firstname.lastname@example.org.
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Conservancy Promotes Transparency by Publishing Template Agreements for Linux Compliance Program
Discussion Invited at Second Feedback Session on GPL Enforcement
Today at the Linux Plumbers Conference, Software Freedom Conservancy hosts its second feedback session on the GPL Compliance Program for Linux Developers. These sessions, which Conservancy is hosting at relevant events over the next year and summarizing for public review, will seek input and ideas from the Linux community about GPL enforcement, answer questions, and plan strategies to deal with GPL enforcement actions that do not follow Conservancy's Principles of Community-Oriented GPL Enforcement.
The publication of the template agreements (, ) demonstrates Conservancy's commitment to transparency. The documents have a similar structure as Conservancy's agreements with its member projects, designed to work at the service of the coalition. They include an easy termination provision, requiring just thirty days' notice at any time. Because the aim of Conservancy's compliance work is to avoid litigation, no lawsuits may be initiated without further explicit agreement.
Two versions of the template agreement are provided. The anonymous agreement includes a clause binding Conservancy to not disclose the identity of the participant. This clause was directly requested by Linux contributors who fear repercussions from their employers or other community members who oppose GPL enforcement. Conservancy designed this version to respect the wishes of those who want to help ensure the future of copyleft, but are not prepared to face public attacks from those who oppose copyleft.
Karen Sandler, who will co-host today's session at the Plumbers Conference, noted the importance of designing agreements that adhere to the Principles of Community-Oriented GPL Enforcement. The agreements empower developers to direct and control Conservancy's enforcement actions. While the Principles allow for recovery of costs, the terms ensure that developers direct how such funds are spent. Karen noted, however, While the agreement sets out how money received through any compliance actions is divided, to date no amounts have been received under this initiative.
Conservancy is publishing these agreements today as background for the enforcement feedback session at 6:00 PM Mountain Time at the Linux Plumbers Conference 2016. Conservancy's Executive Director, Karen Sandler, and Director of Strategic Initiatives, Brett Smith, will host the session, and all conference attendees are welcome to join the discussion. Conservancy will also take feedback on the agreements over its mailing list for discussion of the GPL enforcement principles and at feedback sessions at other conferences over the coming months.
Conservancy, as always, recommends that anyone who is contemplating signing an agreement consult legal counsel about their own specific situation prior to doing so.
On Free as in Freedom 0x5E, Bradley and Karen discuss Conservancy's
ContractPatch Initiative that will help Free Software developers negotiate
their agreements with employers. Do you think that developers should have
the tools to ensure they can decide the licensing of their own work in the
Open Source and Free Software community? Take a listen and see what you think!
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October 27, 2016 by Bradley M. Kuhn
As I mentioned in an earlier blog post, I had the privilege of attending Embedded Linux Conference Europe (ELC EU) and the OpenWrt Summit in Berlin, Germany earlier this month. I gave a talk (for which the video is available below) at the OpenWrt Summit. I also had the opportunity to host the first of many conference sessions seeking feedback and input from the Linux developer community about Conservancy's GPL Compliance Project for Linux Developers.
ELC EU has no “BoF Board” where you can post informal sessions. So, we scheduled the session by word of mouth over a lunch hour. We nevertheless got an good turnout (given that our session's main competition was eating food :) of about 15 people.
Most notably and excitingly, Harald Welte, well-known Netfilter developer and leader of gpl-violations.org, was able to attend. Harald talked about his work with gpl-violations.org enforcing his own copyrights in Linux, and explained why this was important work for users of the violating devices. He also pointed out that some of the companies that were sued during his most active period of gpl-violations.org are now regular upstream contributors.
Two people who work in the for-profit license compliance industry attended as well. Some of the discussion focused on usual debates that charities involved in compliance commonly have with the for-profit compliance industry. Specifically, one of them asked how much compliance is enough, by percentage? I responded to his question on two axes. First, I addressed the axis of how many enforcement matters does the GPL Compliance Program for Linux Developers do, by percentage of products violating the GPL? There are, at any given time, hundreds of documented GPL violating products, and our coalition works on only a tiny percentage of those per year. It's a sad fact that only that tiny percentage of the products that violate Linux are actually pursued to compliance.
On the other axis, I discussed the percentage on a per-product basis. From that point of view, the question is really: Is there a ‘close enough to compliance’ that we can as a community accept and forget about the remainder? From my point of view, we frequently compromise anyway, since the GPL doesn't require someone to prepare code properly for upstream contribution. Thus, we all often accept compliance once someone completes the bare minimum of obligations literally written in the GPL, but give us a source release that cannot easily be converted to an upstream contribution. So, from that point of view, we're often accepting a less-than-optimal outcome. The GPL by itself does not inspire upstreaming; the other collaboration techniques that are enabled in our community because of the GPL work to finish that job, and adherence to the Principles assures that process can work. Having many people who work with companies in different ways assures that as a larger community, we try all the different strategies to encourage participation, and inspire today's violators to become tomorrow upstream contributors — as Harald mention has already often happened.
That same axis does include on rare but important compliance problem: when a violator is particularly savvy, and refuses to release very specific parts of their Linux code (as VMware did), even though the license requires it. In those cases, we certainly cannot and should not accept anything less than required compliance — lest companies begin holding back all the most interesting parts of the code that GPL requires them to produce. If that happened, the GPL would cease to function correctly for Linux.
After that part of the discussion, we turned to considerations of corporate contributors, and how they responded to enforcement. Wolfram Sang, one of the developers in Conservancy's coalition, spoke up on this point. He expressed that the focus on for-profit company contributions, and the achievements of those companies, seemed unduly prioritized by some in the community. As an independent contractor and individual developer, Wolfram believes that contributions from people like him are essential to a diverse developer base, that their opinions should be taken into account, and their achievements respected.
I found Wolfram's points particularly salient. My view is that Free Software development, including for Linux, succeeds because both powerful and wealthy entities and individuals contribute and collaborate together on equal footing. While companies have typically only enforce the GPL on their own copyrights for business reasons (e.g., there is at least one example of a major Linux-contributing company using GPL enforcement merely as a counter-punch in a patent lawsuit), individual developers who join Conservancy's coalition follow community principles and enforce to defend the rights of their users.
At the end of the session, I asked two developers who hadn't spoken during the session, and who aren't members of Conservancy's coalition their opinion on how enforcement was historically carried out by gpl-violations.org, and how it is currently carried out by Conservancy's GPL Compliance Program for Linux Developers. Both responded with a simple response (paraphrased): it seems like a good thing to do; keep doing it!
I finished up the session by inviting everyone to the join the principles-discuss list, where public discussion about GPL enforcement under the Principles has already begun. I also invited everyone to attend my talk, that took place an hour later at the OpenWrt Summit, which was co-located with ELC EU. Your browser does not support the element. Perhaps you can or .
In that talk, I spoke about a specific example of community success in GPL enforcement. As explained on the OpenWrt history page, OpenWrt was initially made possible thanks to GPL enforcement done by BusyBox and Linux contributors in a coalition together. (Those who want to hear more about the connection between GPL enforcement and OpenWrt can view my talk at https://sfconservancy.org/videos/2016-10-13_Kuhn_GPL-Enforcement-OpenWrt.mp4 )
Since there weren't opportunities to promote impromptu sessions on-site, this event was a low-key (but still quite nice) start to Conservancy's planned year-long effort seeking feedback about GPL compliance and enforcement. Our next session is an official BoF session at Linux Plumbers Conference, scheduled for next Thursday 3 November at 18:00. It will be led by my colleagues Karen Sandler and Brett Smith.
Posted by Bradley M. Kuhn on October 27, 2016.
September 26, 2016 by Karen Sandler
ContractPatch, Step 2: Understanding the power balance
Employment agreements are one of the things that I'm asked the most regularly about in the free and open source software world, almost rivaling questions about licenses. My responses have always been the usual lawyerly responses of This Is Not Legal Advice and while I Am A Lawyer, I Am Not Your Lawyer (I'm generally not acting as a lawyer on behalf of Conservancy as its Executive Director either). But even from my early days of being involved with free software, I have seen that there's a lack of understanding about employment agreements and the ability of employees to get their agreements modified. Last month, Fred announced a new initiative that we are working on together, called ContractPatch. With ContractPatch, our goal is to help provide knowledge to employees, along with sample language for better contract terms. The first step in this process is understanding the dynamics at work in employment arrangements. Step 1 is knowing that everything is negotiable and step 2 is knowing where you stand in the negotiation. Quite simply, you likely will never have as much power as you do the moment just before you sign your employment agreement.
At the point you are presented with a job offer, your prospective employer really wants to hire you. Chances are, they've screened and interviewed a number of candidates and put a lot of work into the process. Your manager has thought deeply about who they want in the position and has probably imagined how it will all work out with you in the role. Both you and the hiring decision-maker(s) are probably very optimistic about what you'll accomplish in the role and how well you'll get along working together. At this point, no one wants to go back to the drawing board and start the process over again. You will be excited to start the new job but it's worth taking a step back to appreciate the unusual position you are in with your new employer.
As part of the hiring process, you'll be expected to negotiate your salary (this can be complicated) and finalize all of the terms of your employment. Terms of employment can also be looked at through the lens of compensation, and asking for more favorable terms in your employment contract can be another kind of perk an employer can give you if they have a tight budget. A classic contract negotiation tactic (I even learned this in law school) is to make an agreement stronger in the first draft than you really need it to be, just so that you can give something away when pushed. This is certainly true of many company's standard agreement templates. The only way to find out is to ask.
Once you take the job, it's harder to change your terms of employment (though it's possible, as we'll cover later). Think hard about the long term impact of signing the agreement and whether things could happen down the road that would make you feel less comfortable with working under those terms. We'll be giving you some examples of situations you want to be prepared for when we talk about specific contract provisions.
Asking for more favorable terms doesn't have to be an adversarial process. You can ask for an agreement to be amended in a friendly way. Employers often respect workers more when they advocate for themselves.
So, we'll help you think about how to engage with your employer while anticipating things that could go wrong down the road and how to ask for more favorable terms. You can sign up for our mailing list to be part of the conversation. While it may be easier to avoid negotiating your agreement, don't trade short term comfort for your long term benefit.
Posted by Karen Sandler on September 26, 2016. Please email any comments on this entry to email@example.com.
September 21, 2016 by Bradley M. Kuhn
Help Send Conservancy to Embedded Linux Conference Europe
Last month, Conservancy made a public commitment to attend Linux-related events to get feedback from developers about our work generally, and Conservancy's GPL Compliance Program for Linux Developers specifically. As always, even before that, we were regularly submitting talks to nearly any event with Linux in its name. As a small charity, we always request travel funding from the organizers, who are often quite gracious. As I mentioned in my blog posts about LCA 2016 and GUADEC 2016, the organizers covered my travel funding there, and recently both Karen and I both received travel funding to speak at LCA 2017 and DebConf 2016, as well as many other events this year.
Recently, I submitted talks for the CFPs of Linux Foundation's Embedded Linux Conference Europe (ELC EU) and the Prpl Foundation's OpenWRT Summit. The latter was accepted, and the folks at the Prpl Foundation graciously offered to fund my flight costs to speak at the OpenWRT Summit! I've never spoken at an OpenWRT event before and I'm looking forward to the opportunity getting to know the OpenWRT and LEDE communities better by speaking at that event, and am excited to discuss Conservancy's work with them.
OpenWRT Summit, while co-located, is a wholly separate event from LF's ELC EU. Unfortunately, I was not so lucky in my talk submissions there: my talk proposal has been waitlisted since July. I was hopeful after a talk cancellation in mid-August. (I know because the speaker who canceled suggested that I request his slot for my waitlisted talk.) Unfortunately, the LF staff informed me that they understandably filled his open slot with a sponsored session that came in.
The good news is that my OpenWRT Summit flight is booked, and my friend (and Conservancy Board Member Emeritus) Loïc Dachary (who lives in Berlin) has agreed to let me crash with him for that week. So, I'll be in town for the entirety of ELC EU with almost no direct travel costs to Conservancy! The bad news is that it seems my ELC EU talk remains waitlisted. Therefore, I don't have a confirmed registration for the rest of ELC EU (beyond OpenWRT Summit).
While it seems like a perfect and cost-effective opportunity to be able to attend both events, that seems harder than I thought! Once I confirmed my OpenWRT Summit travel arrangements, I asked for the hobbyist discount to register for ELC EU, but LF staff informed me yesterday that the hobbyist (as well as the other discounts) are sold out. The moral of the story is that logistics are just plain tough and time-consuming when you work for a charity with an extremely limited travel budget. ☻
Yet, it seems a shame to waste the opportunity of being in town with so many Linux developers and not being able to see or talk to them, so Conservancy is asking for some help from you to fund the $680 of my registration costs for ELC EU. That's just about six new Conservancy supporter signups, so I hope we can get six new Supporters before Linux Foundation's ELC EU conference begins on October 10th. Either way, I look forward to seeing those developers who attend the co-located OpenWRT Summit! And, if the logistics work out — perhaps I'll see you at ELC EU as well!
Posted by Bradley M. Kuhn on September 21, 2016. Please email any comments on this entry to firstname.lastname@example.org.
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Conservancy's Executive Director, Karen Sandler, will deliver a keynote today at Stanford's Medicine X conference about software freedom in medical devices: http://medicinex.stanford.edu/conf/conference/event/563
You can watch a livestream of her talk via the livestream URL:
at 11:02 AM US/Pacific (18:02 UTC, 2:02PM US/Eastern) today, 16 September 2016.
Bradley and Karen give a basic introduction of copyright licensing of Open Source and Free Software.
This show was released on Friday 2 September 2016; its running time is 01:02:03.
Linus Torvalds of the Linux Foundation says: if you wrote code in Linux, you deserve the choice to enforce the GPL.
Brett Smith Joins Conservancy as Director of Strategic Initiatives
Free software advocate brings longtime community focus with expertise in licensing and software development
Software Freedom Conservancy is pleased to announce the addition of Brett Smith as its Director of Strategic Initiatives. Brett will be Conservancy's fourth full-time staffer, and will contribute to the organization's charitable mission on several wide-ranging fronts — from software development, to systems administration, to organizational operations, to logistics. Brett will contribute to FLOSS projects that support Conservancy's infrastructure, including leading Conservancy's NPO Accounting Project. Brett will also provide Conservancy's member projects with additional support and mentorship, and will strengthen the public voice of the organization.
We had an overwhelming response to our job posting, with a lot of exceptional applicants said Karen Sandler, Conservancy's Executive Director.After a careful hiring process, we're thrilled to hire Brett. He's demonstrated an impressive commitment to software freedom and has the talent to fill so many of the roles that Conservancy needs.
I'm excited to join Conservancy, commented Brett. The organization's work has already brought tremendous benefits to the entire FLOSS community. I'm eager to work full time on initiatives like the NPO Accounting project to address needs that free software hasn't met yet.
Brett brings to Conservancy fourteen years of experience as a free software advocate and software developer. Prior to joining Conservancy, Brett worked as a software engineer and FLOSS project maintainer for Curoverse, and as a systems engineer for the World Wide Web Consortium. Brett also further adds to Conservancy's expertise with free software license compliance: as the Free Software Foundation's License Compliance Engineer, he gained experience in managing copyleft license compliance matters, and has written and given talks on the subject. Brett's full bio is available.