Re: Agenda for board meeting on September 26th

2014-09-29 Thread Allan Day
Jeff Fortin nekoh...@gmail.com wrote:
...
 The board will be having its regular meeting this Friday at 16h UTC.
 Here is an overview of the agenda/topics for this meeting:
...
   * Bountysource account for the Foundation
...

While Bountysource is interesting, I also think that we need to be
rather careful about adopting it. Two issues immediately spring to
mind:

1. How will this affect our community culture? On the one hand, I feel
that it is good for people to be able to earn money working on GNOME.
On the other hand, we have a lot of volunteers who contribute out of
principle or commitment. We should be sensitive to the prospect of
established contributors feeling resentful at newbies working only for
money, or the money distracting from our principles and values.

2. How will this affect our relationship with users? Let's say someone
spends some money to have a bug fixed. The bug gets fixed and the
money is paid to the developer who did the work. However, later, we
decide that we didn't like the fix, or that it gets in the way of a
bigger change we want to make. Suddenly we are in a tricky situation -
whoever paid for the fix will be (understandably) not too happy to
find out that it has been thrown out.

I hope that we will look at all the possible angles before pursuing
this. It would certainly be good to debate it.

Allan
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Re: Call for OPW project ideas

2014-09-29 Thread Germán Poo-Caamaño
[only foundation-list]

On Sat, 2014-09-27 at 13:13 -0400, Marina Zhurakhinskaya wrote:
 - Original Message -
  From: Germán Poo-Caamaño g...@gnome.org
  On Sat, 2014-09-27 at 11:45 -0400, Marina Zhurakhinskaya wrote:
   - Original Message -
From: Germán Poo-Caamaño g...@gnome.org
To: Marina Zhurakhinskaya mari...@redhat.com
Cc: GNOME Foundation foundation-list@gnome.org, desktop-devel-list
desktop-devel-l...@gnome.org
Sent: Saturday, September 27, 2014 11:23:34 AM
Subject: Re: Call for OPW project ideas

On Fri, 2014-09-26 at 23:48 -0400, Marina Zhurakhinskaya wrote:
 Dear Foundation,
 
 The application process for the new round of Outreach Program for
 Women internships has recently started, and we are looking for people
 willing to mentor GNOME projects in this round. Because we only
 usually have a few participants in OPW, this round we would only like
 to offer projects that are most strategic for GNOME. These include,
 but are not limited to, projects in the area of privacy [1], developer
 experience, GTK+ [2], core experience, core applications [3], and web
 infrastructure. We would also like people to think ahead of time how
 they will be able to provide excellent mentorship to the interns
 before, during, and after the internship, and whether there is a
 larger project team the intern will be able to receive support from.
 Matthias Clasen, Allan Day, and Sriram Ramkrishna have kindly agreed
 to be a part of a cross-team triage committee for proposed project
 ideas. Please add ideas you are willing to mentor to the wiki page for
 the round [4] by early next week.

Hi Marina,

Will the mentors still be required to sign a document that makes them
legally liable?
   
   Hi Germán,
   
   Yes. The legal liability is only for gross negligence, recklessness or
   intentional wrongdoing. This is covered on
   https://wiki.gnome.org/OutreachProgramForWomen#Contracts
   
   This is not unique to OPW. GSoC has similar terms mentors have to
   agree to, which are much more broad -
   http://www.google-melange.com/gsoc/document/show/gsoc_program/google/gsoc2014/org_admin_agreement
   .
  
  The difference is that the GSoC agreement is between the organization
  and Google, no mentor becomes legally liable (though, IANAL).
 
 By having agreements directly with mentors, we recognize that free
 software organizations that participate might only have a limited
 control over the mentors who participate.

Is there other venues to address a possible issue? For example,
requiring the organization to look for an alternate mentor in case of
problem.

Making legally liable a volunteer who is giving time and work for free
is asymmetrical, where the volunteer has nothing to win, but a lot to
lose.

-- 
Germán Poo-Caamaño
http://calcifer.org/

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OPW mentor agreement (was Re: Call for OPW project ideas)

2014-09-29 Thread Bradley M. Kuhn
Germán Poo-Caamaño asked:
 Will the mentors still be required to sign a document that makes them
 legally liable?

 On Sat, 2014-09-27 at 11:45 -0400, Marina Zhurakhinskaya replied:
  Yes. The legal liability is only for gross negligence, recklessness or
  intentional wrongdoing. This is covered on
  https://wiki.gnome.org/OutreachProgramForWomen#Contracts

  This is not unique to OPW. GSoC has similar terms mentors have to agree
  to, which are much more broad -
  http://www.google-melange.com/gsoc/document/show/gsoc_program/google/gsoc2014/org_admin_agreement

Germán further noted:
 The difference is that the GSoC agreement is between the organization and
 Google, no mentor becomes legally liable

That might not protect you as much as you think.  For example, I agreed to
Conservancy's GSoC agreement on behalf of Conservancy mentors.  Now, I'm an
officer of Conservancy, and as such, if Conservancy is deemed liable,
officers/directors can be on the hook.  Conservancy of course has DO
insurance, but IIRC Conservancy's policy doesn't protect me *anyway* if I
engage in gross negligence, fraud, etc.

So, ultimately, a promise of Conservancy not to engage in gross
negligence is a promise for me not to do so anyway.  It'll come right
back to me in a lawsuit if I've actually engaged in gross negligence.
Conservancy won't help me out of the situation (remember, in this
hypothetical scenario, I'm guilty, so why would Conservancy help?).  The
DO insurance policy that Conservancy has will be useless to me, too.
Thus, what difference does it make if I agree not to commit gross
negligence?  I'm not going to do it anyway! [0]

Germán further added:
 For 100% volunteers, it is just taking a risk for free.

As opposed to all the times you take that risk and *pay* the entity you
take that risk for?  I suppose most people don't realize this in our
just click agree culture, but many of those ToS/TaC one agrees to on a
regular basis -- be it for renting a car or hotel room, using Facebook,
or a hundred other things -- cause you to agree you're liable for your
own gross negligence and reckless behavior.

Not only that, but most gross negligence and reckless behavior that
results in real harm is likely criminally prosecutable anyway, and/or
would be actionable in civil court by the intern against the mentor
directly.  So, *not* signing doesn't protect you from much, anyway.

BTW, if a mentor didn't sign this, all it would mean is that *both* GF
and the mentor could be sued for the mentor's bad actions, and the GF
has no easy defense to get off the hook.  But, is it really better for
mentor (regardless of whether the accusations are false) to have GF
stuck as a litigant with you?  (It's not like they'd be required to pay
for *your* defense in that case.)  I played out some of those scenarios
in my head just now, and I don't see how any outcome is better.  In
fact, I can think of scenarios where one is falsely accused and it's
much better *for the accused* that GF isn't named in the suit.

IANAL and TINLA, of course.

[0] And, no, failing to answer your intern's email in a timely fashion
(yes, we've all done it) is *not* gross negligence.  If, somehow,
you end up standing with your intern right on the edge of a giant
cliff, and you encourage your intern to get closer than is allowed
by the park service because the view is totally better, and your
intern falls, you're probably in trouble.  But, I don't think visits
to the Grand Canyon are part of OPW, though, nor do I think we'll
encourage our interns to jump the guard rail if we do plan such a
trip.
-- 
   -- bkuhn
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Re: Call for OPW project ideas

2014-09-29 Thread Karen Sandler

On 2014-09-29 13:13, Germán Poo-Caamaño wrote:

[only foundation-list]

On Sat, 2014-09-27 at 13:13 -0400, Marina Zhurakhinskaya wrote:
- Original Message -
 From: Germán Poo-Caamaño g...@gnome.org
 On Sat, 2014-09-27 at 11:45 -0400, Marina Zhurakhinskaya wrote:
  - Original Message -
   From: Germán Poo-Caamaño g...@gnome.org
   To: Marina Zhurakhinskaya mari...@redhat.com
   Cc: GNOME Foundation foundation-list@gnome.org, desktop-devel-list
   desktop-devel-l...@gnome.org
   Sent: Saturday, September 27, 2014 11:23:34 AM
   Subject: Re: Call for OPW project ideas
  
   On Fri, 2014-09-26 at 23:48 -0400, Marina Zhurakhinskaya wrote:
Dear Foundation,
   
The application process for the new round of Outreach Program for
Women internships has recently started, and we are looking for people
willing to mentor GNOME projects in this round. Because we only
usually have a few participants in OPW, this round we would only like
to offer projects that are most strategic for GNOME. These include,
but are not limited to, projects in the area of privacy [1], developer
experience, GTK+ [2], core experience, core applications [3], and web
infrastructure. We would also like people to think ahead of time how
they will be able to provide excellent mentorship to the interns
before, during, and after the internship, and whether there is a
larger project team the intern will be able to receive support from.
Matthias Clasen, Allan Day, and Sriram Ramkrishna have kindly agreed
to be a part of a cross-team triage committee for proposed project
ideas. Please add ideas you are willing to mentor to the wiki page for
the round [4] by early next week.
  
   Hi Marina,
  
   Will the mentors still be required to sign a document that makes them
   legally liable?
 
  Hi Germán,
 
  Yes. The legal liability is only for gross negligence, recklessness or
  intentional wrongdoing. This is covered on
  https://wiki.gnome.org/OutreachProgramForWomen#Contracts
 
  This is not unique to OPW. GSoC has similar terms mentors have to
  agree to, which are much more broad -
  
http://www.google-melange.com/gsoc/document/show/gsoc_program/google/gsoc2014/org_admin_agreement
  .

 The difference is that the GSoC agreement is between the organization
 and Google, no mentor becomes legally liable (though, IANAL).

By having agreements directly with mentors, we recognize that free
software organizations that participate might only have a limited
control over the mentors who participate.

Is there other venues to address a possible issue? For example,
requiring the organization to look for an alternate mentor in case of
problem.


That is a mechanism we certainly would use, but it doesn't protect the 
Foundation in the extreme cases that the agreement is written for.



Making legally liable a volunteer who is giving time and work for free
is asymmetrical, where the volunteer has nothing to win, but a lot to
lose.


On the other hand, mentors have a tremendous amount of control over the 
internship. What situations are you worried about? When I read  gross 
negligence, recklessness or intentional wrongdoing I think of 
situations like:


* a mentor stalks and harasses an intern
* an intern tells a mentor that she feels like she is in danger of 
imminent harm due to behavior by other contributors and the mentor 
doesn't tell anyone or do anything.

* a mentor physically attacks an intern at a conference

Also I should note that we originally thought to put the legal 
infrastructure in place because a donor asked for it as part of their 
diligence related to reviewing the program.


karen
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Re: Agenda for board meeting on September 26th

2014-09-29 Thread Richard Stallman
[[[ To any NSA and FBI agents reading my email: please consider]]]
[[[ whether defending the US Constitution against all enemies, ]]]
[[[ foreign or domestic, requires you to follow Snowden's example. ]]]

If the GNOME Foundation is considering inviting members of the
community to use Bountysource to communicate with the Foundation, that
raises two ethical issues:

* Privacy.  This would result in giving Bountysource people's personal data,
which it shouldn't have any right to know.

* Free software.  Many web sites require visitors to run nonfree
software to use some or even all of the functionality.  See
http://gnu.org/philosophy/javascript-trap.html.  Does Bountysource
work without nonfree JS?  I don't know, but one can't presume that.

-- 
Dr Richard Stallman
President, Free Software Foundation
51 Franklin St
Boston MA 02110
USA
www.fsf.org  www.gnu.org
Skype: No way! That's nonfree (freedom-denying) software.
  Use Ekiga or an ordinary phone call.

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