Yes, clearly quoting is not plagiarism.

As said, using text from others, without citing it, it is an IP violation in 
many countries, but this is the same with many aspects of the CoC, in many 
countries, those are criminal/illegal actions. The CoC is just remembering that 
and reinforcing it just in case it happens in this scope, so there is no doubt 
or anyone that say "in my country this is not illegal".

Agree with your final comments. I don't know all the details of the Cloud 
Innovation case and I *personally* disagree that using the resources outside 
the region and/or leasing is acceptable, at least not with the current rules 
(we can change that via the PDP if the community agree). However, on top of 
that, it is clear to me that *following* existing rules (PDP, CPM, bylaws, RSA, 
etc.) is not only in the best interest of the community (and this includes 
Board and staff) and that includes proposing changes when something seems to be 
wrong, that's why we have the PDP and community consultancy on topics such as 
the CoC, AC composition, etc.

Nobody can be "prosecuted" for trying to improve things, or defend his/her 
bussiness or customers, even if they look "negative" to some. It is part of the 
rights of the community and, in general, freedom of speech and freedom of 
bussiness. And this can't be pre-judged as if it is on the "best interest" or 
not, because the community is diverse.

Regards,
Jordi
@jordipalet
 
 

El 17/7/21 4:19, "Owen DeLong" <[email protected]> escribió:



    > 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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