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.
In this new episode of the Free as in Freedom audcast, Bradley and Karen discuss the plan for restarting Free as in Freedom and plans for episodes to come.
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posted August 16, 2016 by Bradley M. Kuhn
My Keynote at GUADEC 2016
Last Friday, I gave the first keynote at GUADEC 2016. I was delighted for the invitation from the GNOME Foundation to deliver this talk, which I entitled Confessions of a command line geek: why I don’t use GNOME but everyone else should.
The Chaos Computer Club assisted the GUADEC organizers in recording the talks, so you can see here a great recording of my talk here (and also, the slides). Whether the talk is great for you to watch and judge, of course. Your browser does not support the element. Perhaps you can or .
The focus of this talk is why the GNOME desktop is such a central component for the future of software freedom. Too often, we assume that the advent of tablets and other mobile computing platforms means the laptop and desktop will disappear. And, maybe the desktop will disappear, but the laptop is going nowhere. And we need a good interface that gives software freedom to the people who use those laptops. GNOME is undoubtedly the best system we have for that task.
There is competition. The competition is now, undeniably, Apple. Unlike Microsoft, who hitherto dominated desktops, Apple truly wants to make beautifully designed, and carefully crafted products that people will not just live with, but actually love. It's certainly possible to love something that harms you, and Apple is so carefully adept creating products that not only refuse to give you software freedom, but Apple goes a step further to regularly invent new ways to gain lock-down control and thwarting modification by their customers.
We have a great challenge before us, and my goal in the keynote was to express that the GNOME developers are best poised to fight that battle and that they should continue in earnest in their efforts, and to offer my help — in whatever way they need it — to make it happen. And, I offer this help even though I readily admit that I don't need GNOME for myself, but we as a community need it to advance software freedom.
I hope you all enjoy the talk, and also check out Werner Koch's keynote, We want more centralization, do we?, which was also about a very important issue. And, finally, I thank the GNOME Foundation for covering my travel expenses for this trip.
Posted by Bradley M. Kuhn on August 16, 2016. Please email any comments on this entry to email@example.com.
Hellwig Announces He Will Appeal VMware Ruling After Evidentiary Set Back in Lower Court
In a statement on his website, Christoph Hellwig announced today that he will appeal the ruling of the Hamburg District Court, which recently dismissed his case against VMware. As Christoph underscores in his statement, the ruling concerned German evidence law and the Court did not rule on the merits of the case. The ruling centered around German evidentary rules related to documenting Christoph's contributions that appear in VMware's product. Christoph also published (in German and English) the Court's ruling which explains why the materials submitted did not satisfy German evidence rules — despite publicly available information in Linux's Git repositories. In addition, the Court chose not to seek expert testimony.
Christoph stated on his website, I'm disappointed that the court didn't even consider the actual case of reusing the Linux code written by me, and I hope the Court of Appeal will investigate this central aspect of the lawsuit.
Conservancy publishes today its comparison analysis between Christoph's code and VMware's code. This particular analysis uses a two step process: (a) use Linux's public Git logs to find Christoph's contributions from Christoph, and (b) use a widely accepted and heavily academically cited tool, CCFinderX, to show that VMware copied Christoph's code into their product.
While these evidentiary points may be new to the German courts, they have been explored in US Federal Court. Conservancy previously successfully litigated as co-plaintiff with Erik Andersen over BusyBox. Many companies who settled, and the US Federal Court in their judgment against Westinghouse, ultimately accepted and agreed that Erik Andersen held copyrights in BusyBox.
The German civil legal system is not precedent-based. As such, this initial ruling creates no legally binding precedent. Our community continues our long journey to build definitive industry precedent regarding derivative and combined works under the GPL.
Reading the ruling, it's clear that VMware brought considerable resources to make every possible argument for dismissal, commented Karen Sandler, Conservancy's Executive Director. Christoph and Conservancy have a fraction of the resources for our enforcement efforts than VMware has at its disposal.
We ask everyone to become a Conservancy Supporter today to aid in our fight for software freedom through this appeal and other enforcement efforts worldwide.
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On Friday 12 August 2016 in Karlsruhe, Germany, Kuhn will deliver a keynote at the GNOME Users and Developers European Conference (GUADEC) 2016 entitled Confessions of a Command-Line Geek: Why I Don’t Use GNOME But Everyone Else Should. Kuhn will discuss the incredible importance of the GNOME desktop project to the future of software freedom, despite that so much of “Open Source” now focuses on infrastructure projects rather than applications and GUIs.
On Wednesday 17 August 2016 at 15:30 in Berlin, Germany, Kuhn will deliver a keynote entitled Politics of Cooption in Free and Open Communities at The International Symposium on Open Collaboration (OpenSym) 2016. Kuhn's keynote there will discuss how the advent of cooption of software freedom by for-profit companies and their trade associations has created a complex political system, and how other communities inspired by software freedom may soon face similar challenges.
Kuhn thanks the organizers of both conferences from graciously inviting him to join other excellent keynoters at both events, and for the opportunity to share an essential message of software freedom with both of this important communities. Conservancy enthusiasts and supporters are encouraged to attend these events; registration details are available on the respective conference's websites.
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August 4, 2016 by Bradley M. Kuhn
Why You Should Speak At & Attend LinuxConf Australia
Monday 1 February 2016 was the longest day of my life, but I don't mean that in the canonical, figurative, and usually negative sense of that phrase. I mean it literally and in a positive way. I woke up that morning Amsterdam in the Netherlands — having the previous night taken a evening train from Brussels, Belgium with my friend and colleague Tom Marble. Tom and I had just spent the weekend at FOSDEM 2016, where he and I co-organize the Legal and Policy Issues DevRoom (with our mutual friends and colleagues, Richard Fontana and Karen M. Sandler).
Tom and I headed over to AMS airport around 07:00 local time, found some breakfast and boarded our flights. Tom was homeward bound, but I was about to do the crazy thing that he'd done in the reverse a few years before: I was speaking at FOSDEM and LinuxConf Australia, back-to-back. In fact, because the airline fares were substantially cheaper this way, I didn't book a “round the world” flight, but instead two back-to-back round-trip tickets. I boarded the plane at AMS at 09:30 that morning (local time), and landed in my (new-ish) hometown of Portland, OR as afternoon there began. I went home, spent the afternoon with my wife, sister-in-law, and dogs, washed my laundry, and repacked my bag. My flight to LAX departed at 19:36 local time, a little after US/Pacific sunset.
I crossed the Pacific ocean, the international dateline, left a day on deposit to pickup on the way back, after 24 hours of almost literally chasing the sun, I arrived in Melbourne on the morning of Wednesday 3 February, road a shuttle bus, dumped my bags at my room, and arrived just in time for the Wednesday afternoon tea break at LinuxConf Australia 2016 in Geelong.
Nearly everyone who heard this story — or saw me while it was happening — asked me the same question: Why are you doing this?. The five to six people packed in with me in my coach section on the LAX→SYD leg are probably still asking this, because I had an allergic attack of some sort most of the flight and couldn't stop coughing, even with two full bags of Fisherman's Friends over those 15 hours.
But, nevertheless, I gave a simple answer to everyone who questioned my crazy BRU→AMS→PDX→LAX→SYD→MEL itinerary: FOSDEM and LinuxConf AU are two of the most important events on the Free Software annual calendar. There's just no question. I'll write more about FOSDEM sometime soon, but the rest of this post, I'll dedicate to LinuxConf Australia (LCA).
One of my biggest regrets in Free Software is that I was once — and you'll be surprised by this given my story above — a bit squeamish about the nearly 15 hour flight to get from the USA to Australia, and therefore I didn't attend LCA until 2015. LCA began way back in 1999. Keep in mind that, other than FOSDEM, no major, community-organized events have survived from that time. But LCA has the culture and mindset of the kinds of conferences that our community made in 1999.
LCA is community organized and operated. Groups of volunteers each year plan the event. In the tradition of science fiction conventions and other hobbyist activities, groups bid for the conference and offer their time and effort to make the conference a success. They have an annual hand-off meeting to be sure the organization lessons are passed from one committee to the next, and some volunteers even repeat their involvement year after year. For organizational structure, they rely on a non-profit organization, Linux Australia, to assist with handling the funds and providing infrastructure (just like Conservancy does for our member projects and their conferences!)
I believe fully that the success of software freedom and GNU/Linux in particularly has not primarily been because companies allow developers to spend some of their time coding on upstream. Sure, many Free Software projects couldn't survive without that component, but what really makes GNU/Linux, or any Free Software project, truly special is that there's a community of users and developers who use, improve, and learn about the software because it excites and interests them. LCA is one of the few events specifically designed to invite that sort of person to attend, and it has for almost an entire generation stood in stark contrast the highly corporate, for-profits events that slowly took over our community in the years that followed LCA's founding. (Remember all those years of LinuxWorld Expo? I wasn't even sad when IDG stopped running it!) Your browser does not support the element. Perhaps you can or .
Speaking particularly of earlier this year, LCA 2016 in Geelong, Australia was a particular profound event for me. LCA is one of the few events that accepts my rather political talks about what's happening in Open Source and Free Software, so I gave a talk on Friday 5 February 2016 entitled Copyleft For the Next Decade: A Comprehensive Plan, which was recorded, so you can watch it. I do warn everyone that the jokes did not go over well (mine never do), so after I finished, I was feeling a bit down that I hadn't made the talk entertaining enough. But then, something amazing happened: people started walking up to me and telling me how important my message was. One individual even came up and told me that he was excited enough that he'd like to match any donation that Software Freedom Conservancy received during LCA 2016. Since it was the last day of the event, I quickly went to one of the organizers, Kathy Reid, and asked if they would announce this match during the closing ceremonies; she agreed. In a matter of just an hour or two, I'd gone from believing my talk had fallen flat to realizing that — regardless of whether I'd presented well — the concepts I discussed had connected with people.
Then, I sat down in the closing session. I started to tear up slightly when the organizers announced the donation match. Within 90 seconds, though, that turned to full tears of joy when the incoming President of Linux Australia, Hugh Blemings, came on stage and said:
[I'll start with] a Software Freedom Conservancy thing, as it turns out. … I can tell that most of you weren't at Bradley's talk earlier on today, but if there is one talk I'd encourage you to watch on the playback later it would be that one. There's a very very important message in there and something to take away for all of us. On behalf of the Council I'd like to announce … that we're actually in the process of making a significant donation from Linux Australia to Software Freedom Conservancy as well. I urge all of you to consider contributing individual as well, and there is much left for us to be done as a community on that front.
I hope that this post helps organizers of events like LCA fully understand how much something like this means to us who run a small charities — and not just with regard to the financial contributions. Knowing that the organizers of community events feel so strongly positive about our work really keeps us going. We work hard and spend much time at Conservancy to serve the Open Source and Free Software community, and knowing the work is appreciated inspires us to keep working. Furthermore, we know that without these events, it's much tougher for us to reach others with our message of software freedom. So, for us, the feeling is mutual: I'm delighted that the Linux Australia and LCA folks feel so positively about Conservancy, and I now look forward to another 15 hour flight for the next LCA.
And, on that note, I chose a strategic time to post this story. On Friday 5 August 2016, the CFP for LCA 2017 closes. So, now is the time for all of you to submit a talk. If you regularly speak at Open Source and Free Software events, or have been considering it, this event really needs to be on your calendar. I look forward to seeing all of you Hobart this January.
Posted by Bradley M. Kuhn on August 4, 2016. Please email any comments on this entry to firstname.lastname@example.org.
August 4, 2016 by Fred Jennings
ContractPatch, step 1: Everything Is Negotiable.
About a year ago, I got talking with some friends in the tech industry about contracts. And it began to sound like something was very, very wrong.
Working informally through personal networks of engineers, project managers, freelance designers, and many more, I ended up with a small horde of employment contracts, offer letters, work agreements, and all manner of other documents that fall under that umbrella term, “contracts.”
And almost all of the contracts were bad.
Not badly written, though some were. Not legally unenforceable, though some were.
They were bad for the people who signed them.
They waived important legal rights, gave the employer ownership of ideas and projects it had no reason to take, or imposed serious limits on future work.
And people often didn’t realize how bad these were, the risks they’d agreed to, or what rights they’d given up.
Among the few who did, most didn’t realize they could negotiate these terms. Others did, but weren’t sure how to start. Several assumed their employer wouldn’t enforce the more onerous terms.
Nobody should bet their future on that assumption. Doing so is to build one’s career on a house of cards.
But that won’t change until enough people speak up and push back, and have the tools to do so.
That’s where this project began for me.
About a month ago, I sat down over lunch with friends from Software Freedom Conservancy, and learned they’d embarked on a similar project at around the same time. In fact, Karen Sandler recently spoke on the subject as OSCON 2016.
We’re calling it ContractPatch. The idea is to provide strategy and legal knowledge to workers, along with some sample language for better contract terms.
But let’s start with the first step:
Everything is negotiable. Keep repeating that until it sticks.
Merely knowing that is an edge. Companies know it, but often don’t want their employees or potential hires to realize it. Some employers even structure their hiring, renewal, and termination processes to discourage negotiation. This can halt inexperienced negotiators, especially those from historically underrepresented groups who face widespread employer prejudice that can undermine their perceived ability to negotiate. Everyone will enter a negotiation with different leverage, different goals, and unique needs and strengths.
There are no magic words, but anyone can learn the techniques and strategies to approach contract negotiations. Like any other skill, it may not be easy at first. Also like any other skill, it can be broken down into steps, practiced, and will become easier over time.
And we’re here to teach.
In the coming months, we’ll write about legal and strategic points in contract negotiation strategies, pre-negotiation prep and practice, methods for negotiating, and we’ll provide information on your legal rights around contracts.
Down the road, we’ll look at specific contract provisions — especially those that impact tech workers the most, such as non-compete agreements and intellectual property assignment clauses. This will go hand-in-hand with a Github repository with forkable sample language for key contract provisions, such as payment terms, benefits, non-competition and non-solicitation agreements, and intellectual property assignment clauses.
But let’s walk before we run. The first step is knowing you can negotiate. Next, we’ll discuss the balance of power in hiring agreement negotiations, and how to self-evaluate your position before a negotiation begins. After that, we’ll cover timing and strategies around contract renewals, raises, and other opportune moments to renegotiate.
Whether it’s an employment offer, a mid-project contract renewal, or a termination agreement, its terms can be pushed on. Often, they can be changed. And getting there gracefully is an art, more dance than declaration.
And we want you to know as much as you can before your next dance starts.
Posted by Fred Jennings on August 4, 2016. Please email any comments on this entry to email@example.com.
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posted July 19, 2016 by Bradley M. Kuhn and Karen M. Sandler
The GNU General Public License (GPL) was designed to grant clear permissions for sharing software and to defend that freedom for users. GPL'd code now appears in so many devices that it is fundamental to modern technology. While we believe that following the GPL's requirements is neither burdensome nor unreasonable, many fail to do so. GPL enforcement — the process to encourage those who fail to correct problems and join our open software development community — is difficult diplomacy.
Our community learned together over the last 20 years how to do this work well. Last year, Conservancy published the concise but comprehensive Principles of Communited-Oriented GPL Enforcement. The Principles were immediately endorsed by Conservancy, FSF and gpl-violations.org — the three historic community-oriented GPL enforcement organizations, as well as other non-enforcing organizations such as OSI. Recently, these principles were also endorsed by the Netfilter team, a core and essential group of Linux developers. However, despite our best efforts, we have been unable to convince all enforcers to endorse these Principles. Here, we express our concern and desire to ameliorate that situation as best we can. Furthermore, we also bring some transparency and context where enforcers seem unlikely to ever endorse the Principles.
One impetus in drafting the Principles was our discovery of ongoing enforcement efforts that did not fit with the GPL enforcement community traditions and norms established for the last two decades. Publishing the previously unwritten guidelines has quickly separated the wheat from the chaff. Specifically, we remain aware of multiple non-community-oriented GPL enforcement efforts, where none of those engaged in these efforts have endorsed our principles nor pledged to abide by them. These “GPL monetizers”, who trace their roots to nefarious business models that seek to catch users in minor violations in order to sell an alternative proprietary license, stand in stark contrast to the work that Conservancy, FSF and gpl-violations.org have done for years.
Most notably, a Linux developer named Patrick McHardy continues ongoing GPL enforcement actions but has not endorsed the community Principles. When Patrick began his efforts, Conservancy immediately reached out to him. After a promising initial discussion (even contemplating partnership and Patrick joining our coalition) in mid-2014, Patrick ceased answering our emails and text messages, and never cooperated with us. Conservancy has had no contact with Patrick nor his attorney since, other than a somewhat cryptic and off-topic response we received over a year ago. In the last two years, we've heard repeated rumors about Patrick's enforcement activity, as well as some reliable claims by GPL violators that Patrick failed to follow the Principles.
In one of the many attempts we made to contact Patrick, we urged him to join us in co-drafting the Principles, and then invited him to endorse them after their publication. Neither communication received a response. We informed him that we felt the need to make this public statement, and gave him almost three months to respond. He still has not responded.
Patrick's enforcement occurs primarily in Germany. We know well the difficulties of working transparently in that particular legal system, but both gpl-violations.org and Conservancy have done transparent enforcement in that jurisdiction and others. Yet, Patrick's actions are not transparent.
In private and semi-private communications, many have criticized Patrick for his enforcement actions. Patrick McHardy has also been suspended from work on the Netfilter core team. While the Netfilter team itself publicly endorsed Conservancy's principles of enforcement, Patrick has not. Conservancy agrees that Patrick's apparent refusal to endorse the Principles leaves suspicion and concern, since the Principles have been endorsed by so many other Linux copyright holders, including Conservancy.
Conservancy built a coalition of many copyright holders for Linux enforcement so that we as copyright holders in Linux could share with each other our analysis, strategy, plans and diplomacy. Much like Linux development itself, enforcement functions best when copyright holders collaborate as equals to achieve the desired result. In coding, Linux copyright holders seek to create together the best operating system kernel in history, and in an enforcement coalition like ours, we seek to achieve proper compliance in the best possible way for the community. (More collaboration is always better for various reasons, and we always urge copyright holders in Linux, Debian, Samba, and BusyBox to join our coalitions.)
Nevertheless, Conservancy does not object to individual copyright holders who wish to enforce alone; this is their legal prerogative, and with such limited resources for (and political opposition against) GPL enforcement on Linux, everyone who wants to help is welcome. However, Conservancy must denounce anyone who refuses to either endorse the Principles, or (at least) publicly explain why the Principles are not consistent with their efforts to advance software freedom.
There are few public facts on Patrick's enforcement actions, though there are many rumors. That his enforcement work exists is indisputable, but its true nature, intent, and practice remains somewhat veiled. The most common criticism that we hear from those who have been approached by Patrick is an accusation that he violates one specific Principle: prioritizing financial gain over compliance. Meanwhile, some who criticize Conservancy's enforcement efforts ironically believe we are “too nice” — because we don't seek to maximize financial gain, and therefore we ultimately fund some license compliance work with donations from the general public. Despite that criticism, and the simple fact that Conservancy's settlement funds from GPL enforcement usually fail to cover even the staffing costs associated with our enforcement efforts, we continue to abide by the Principle that compliance is paramount over monetary damages. While we sympathize with those who wish GPL enforcement would fund itself, we also see clear problems if an enforcer prioritizes financial gain over compliance — even if the overarching goal is more comprehensive enforcement in other areas.
Conservancy does all our enforcement specifically through a USA 501(c)(3) charity, precisely because that makes us transparently financially accountable. The IRS requires that our work benefit the general public and never bestow private inurement to anyone. Success in enforcement should never personally benefit one individual financially, and a charity structure for GPL enforcement ensures that never happens. Furthermore, the annual Form 990 filings of charities allows for public scrutiny of both enforcement revenue and expenditure1.
Conservancy, as a charity in the center of GPL enforcement, seeks to make enforcement transparent. We devised the Principles in part to clarify long-standing, community-accepted enforcement procedures in a formalized way, so that violators and GPL-compliant adopters alike can discern whether enforcement behavior is acceptable under community norms. We welcome public debate about any enforcement action's compliance with the Principles (i.e., its meta-compliance with the Principles). We encourage all those who enforce GPL to come forward to either endorse the Principles, or publicly propose updates or modifications to the Principles. (We've created the mailing list, principles-discuss, as a public place for that discussion.) We urge developers to state that they support enforcement undertaken in a principled manner, including litigating only as a necessary last resort and to never prioritize financial gain.
We chose the phrase “meta-compliance with the Principles” carefully. Applying the Principles themselves to compliance with those Principles seems apt to us. For example, we publicized the concerns about Patrick's enforcement only after two years of good-faith attempts to discuss the problems with him, and we waited for more than a year before publicizing the problem, and only after both ample warning to Patrick, and discussion and coordination with the Netfilter team. Just as we would with a GPL violator, we exhausted every path we could find before making this statement publicly.
Thus, we now call on Patrick to endorse the Principles or publicly engage in good faith with the community to discuss proper methods of enforcement. We further welcome anyone who does not currently abide by these Principles to join us anew in our coordinated community-oriented GPL enforcement work.
In conclusion, to contrast GPL enforcement with the much more common proprietary software litigation, violators should always have a simple and solid method to quickly resolve the rare legal action around the GPL: compliance. GPL enforcers should always seek compliance as the primary and paramount resolution to any enforcement matter. In this manner, where community-oriented enforcement exists and thrives, the risk for danger from lawsuits diminishes. Today's violators can then become tomorrow's contributors.
1 Looking at Conservancy's Form 990s, you can see by examining Page 2 (Part III) (in FY 2011, see Page 25, Schedule O, for continuation) each year how much revenue Conservancy received from enforcement settlements, and how much Conservancy spends on license compliance activity. Most notably, Conservancy has not received a single dollar in GPL enforcement revenue since FY 2012.
Posted by Bradley M. Kuhn and Karen M. Sandler on July 19, 2016. Please email any comments on this entry to firstname.lastname@example.org.