On Tue, Feb 25, 2020 at 7:13 AM Eric Schultz <e...@wwahammy.com> wrote:

> From any understanding I've had of FOSS, I don't see how a preamble saying 
> the community's opinion is that an organization is unwelcome violates any 
> principle behind FOSS. The condemned organization is legally able to exercise 
> all the rights that one expects of FOSS-compliant software.
[...]
> While I didn't explain it well in my initial email, listing the name with the 
> reason they are excluded is the most aggressive of a set of different ideas. 
> Other options could be:
>
> * List the names of organizations who are unwelcome but don't explain why.

> On Fri, Feb 21, 2020 at 3:04 PM Richard Fontana <rfont...@redhat.com> wrote:
> > A license that has a preamble that singles out a particular
> > individual, or organization, or even a specifically-described group,
> > might have the effect of discouraging exercise of the
> > nominally-granted license permissions by the singled-out
> > person/entity/group. I mean, I think that is actually one of your
> > goals, right?
> I mean, that is the goal in this scenario. That said, I don't think that 
> means the license is in and of itself non-OSD compliant. Discouraging 
> use-cases that the copyright holder doesn't want is a pretty common reason 
> why copyleft licenses are chosen. That doesn't make the license or the 
> software non-OSD compliant; if the rights are protected, I don't see see why 
> discouraging those use-case more explicitly is out of line.

So, suppose a PNG preamble says "Members of $marginalized_group are
not welcome in our community" (I think from your initial message you
recognize that your approach could be used in such a way). If I could
demonstrate that an effect of that language was that members of
$marginalized_group avoided the software altogether, isn't that almost
as bad as an outright prohibition on use by those members?

Richard







>
> On Fri, Feb 21, 2020 at 3:04 PM Richard Fontana <rfont...@redhat.com> wrote:
> > They could, but would such licenses be OSI-approvable? I'd assume and
> > hope not. I guess you're assuming that they would be, since there's no
> > obvious objective principle to explain why (for lack of a better
> > label) "progressive" persona-non-grata-preamble licenses are
> > acceptable from an OSD-conformance perspective, but anti-progressive
> > ones aren't -- similar to a concern I have about some of the ethical
> > source licenses.
>
> I think in these cases, OSI would have to approve the template not the 
> specific license or have a standard on which ones can be submitted for 
> approval (used by enough software, meets some standard of quality, doesn't 
> explicilty violate the OSI code of conduct, etc.).  Otherwise, you would have 
> nothing to do BUT review licenses. :)
>
> On Fri, Feb 21, 2020 at 1:26 PM Brian Behlendorf <br...@behlendorf.com> wrote:
> > One more practical and probably negative impact: it will always be easier
> > to add new names than to remove old ones, because adding new names is a
> > simple sublicense that can be done by anyone, but removing a name will
> > require a relicense with the consent of every contributor who contributed
> > under that license. So, in my facial-recognition example, I would likely
> > as for assignment of the right to relicense from any contributor, so that
> > I might be able to remove a name once they've cleaned up their act.
> > Otherwise a list that can only grow becomes an embarrassment and
> > ineffective at actually changing behavior, it just becomes a howl in the
> > night. But centralizing IP (rather than a mere right to redistribute a la
> > DCO / CLA) is something I think we've done well to avoid.
>
> A few people mentioned this topic too. I had considered this but forgot to 
> mention it. One solution would be to have a versioning process controlled by 
> whoever the author designates. That would seem to imply that the license 
> would have to be modified though. That said, I don't think whether the list 
> of condemned entities is well maintained over time is relevant to 
> OSD-compliance. It does seem to be more of an issue of whether it's a wise 
> idea to use the license or whether someone should draft it.
>
> On Sat, Feb 22, 2020 at 3:50 PM John Cowan <co...@ccil.org> wrote:
> > That is true, but not yet applicable.  So far we have only seen a request 
> > to discuss the idea, and we have discussed it.  No request to draft a 
> > license has been forthcoming.
>
> As John said, I'm not drafting a license, this is more of a thought 
> experiment. I was encouraged by folks in the community, some of whom are on 
> this list, to bring this idea here for discussion.
>
>
> Thanks to all who provided constructive contributions,
>
> Eric
>
> On Fri, Feb 21, 2020 at 3:28 PM Seth David Schoen <sch...@loyalty.org> wrote:
>>
>> John Cowan writes:
>>
>> > In order for the attachment to propagate with the work, the license has to
>> > specify that it can't be removed, though.   So, for example, you can't
>> > attach it effectively to the GPL, because the GPL only says the GPL must be
>> > preserved, and any additional terms that restrict the user's powers (in
>> > this case the power to remove the attachment) can be deleted by anyone.
>>
>> It's more like the "front-cover texts" and "back-cover texts" in the
>> GFDL, I guess.
>>
>> "... with the Front-Cover Texts being 'yay Republicans boo Democrats' ..."
>> /
>> "... with the Front-Cover Texts being 'yay Democrats boo Republicans' ..."
>>
>> Or maybe like the charityware notes in, say, vim, except with a
>> discouragement to work with a particular group rather than an
>> encouragement?
>>
>> In the old days I think I remember how much people appreciated that FOSS
>> was collaboratively developed by people who had enormous disagreements
>> with each other in other ways.  Sometimes it seemed like a point of
>> pride or fascination -- "sir, I detest what you say (or do), but I run
>> your code and you run my code", to misquote a misquotation of Voltaire.
>>
>> --
>> Seth David Schoen <sch...@loyalty.org>      |  Qué empresa fácil no pensar
>>      http://www.loyalty.org/~schoen/        |  en un tigre, reflexioné.
>>   8F08B027A5DB06ECF993B4660FD4F0CD2B11D2F9  |        -- Borges, "El Zahir"
>>
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>
>
>
> --
> Eric Schultz, Developer and FOSS Advocate
> wwahammy.com
> e...@wwahammy.com
> @wwahammy
> Pronouns: He/his/him
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-- 
Richard Fontana
He / Him / His
Senior Commercial Counsel
Red Hat, Inc.


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