> On Jul 16, 2021, at 08:19 , JORDI PALET MARTINEZ via Community-Discuss 
> <[email protected]> wrote:
> 
> Hi,
> 
> I've sent already a couple of emails to comms about my concerns on the CoC. I 
> can only find right now the last one, but I've the feeling that my previous 
> inputs haven't been considered.
> 
> I think it will be nice, when some inputs are not considered, to explain why, 
> so to avoid misunderstandings, etc. Also, not getting inputs, doesn't help 
> those that contribute to keep contributing (if you don't get feedback, if 
> your inputs aren't considered, why you want to keep contributing?).
> 
> So, some of my repeated inputs:
> 
> 1) The use of emails captured from mailing lists, whois, etc., to send spam, 
> such as voting suggestions, should be explicitly cited as forbidden by the 
> CoC.

I agree with this.

> 2) Distribution of malware in any of the mailing lists.

While I am not a fan of item 13 (which I will outline later), so long as it 
persists, I think it is safe to say that everyone will generally agree that 
sending malware to the mailing lists is not acting in the best interests of the 
community.

> 3) Posting private emails without the express consent of the sender.

I agree with this.

> 4) Posting commercial/advertising content (unless done in the scope of a 
> sponsorship, for example in-person events).

And this.

> 5) Plagiarism.

This would need to be addressed more specifically. Quotation of content vs. 
plagiarism is a very fine line and very subjective. Indeed, in copyright law in 
the US, courts still struggle with it since 1934. Absent clear guidance on 
where this line is drawn in this context, I think such a rule could be quite 
open to abuse.

I don’t see any problem with the PDWG co-chairs enforcing the CoC WRT the RPD 
list as they are charged with managing the PDP and given broad latitude in that 
mandate.

My problem with item 13 is not the spirit or intent as it is written, but in 
the ambiguity that exists about what is “in the best interests of the AFRINIC 
community” and how this statement could be abused in an effort to subjugate 
unpopular ideas or silence the voice of a minority opinion in the community.

Indeed, it seems quite clear to me in AFRINIC’s recent filings with the Supreme 
court that they intended to claim that my participation in the case on behalf 
of Cloud Innovation was contrary to the best interests of the community. While 
I will agree that my participation was not necessarily in the best interests of 
AFRINIC staff, I will absolutely insist that the best interests of the 
community were foremost in my mind as I took on this issue. The need to hold 
AFRINIC board and staff accountable to the rules as written is absolutely in 
the best interests of the community, no matter how inconvenient that fact may 
be for those seeking to act otherwise, even if they are executives or board 
members of the organization.

As such, while I support the idea behind clause 13 and have at all times 
complied with the spirit thereof (it is also present in the existing CoC). I 
think it is important that this rule come with safeguards to prevent it from 
becoming a tool of oppression.

Owen



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