Re: [Ubuntu-bugcontrol] Please, consider reflecting on the Canonical Contributor Agreement

2014-12-29 Thread Dr. David Alan Gilbert
* Stephen M. Webb (stephen.w...@canonical.com) wrote:
 On 12/28/2014 09:50 PM, Alberto Salvia Novella wrote:
  
  But there's a problem with that, which is it overrides the social contract 
  with people to code to belong to the world
  not to a group of individuals; making the system abusive by design.
  
  It's like telling that an autocracy is better because its drivers have 
  extra flexibility to do whatever will be needed
  in future, which is also a proven method for sinking projects and 
  communities.
  
  So please address the root causes that let to this issue, so we have a 
  healthy environment for everyone.
 
 I think you will find that there is no conflict between any vaguely defined 
 social contract and the requirements for
 acceptable code submission to a software project.  If you could enumerate the 
 abuses engendered by asking for a grant of
 license I'd be happy to address them individually.
 
 In order to accept code contribution to a Canonical-led software project a 
 small number of conditions need to be
 satisfied.  Among these conditiona are a strict minimum level of demonstrable 
 code quality (we do no want buggy code),
 applicability (we do not want irrelevant code), and the same rights as the 
 author (an explicit rights grant, also known
 as the CLA).

That's very misleading.  I don't think any reading of Alberto's mail is 
objecting to code review.

 You will find upon a close reading of the various source code distribution 
 licenses that they do not harbour any
 requirements that arbitrary code contributions must be accepted upstream.  In 
 fact, you will not find any examples of
 Free or open source software projects anywhere that unconditionally accept 
 arbitrary code contributions.  It's just not
 a thing.

CLAs are indeed common practice; however ones that allow relicensing of
contributions under arbitrary commercial licenses are much rarer and those
are objectionable, and I think you realise that's what Alberto was objecting to.

 If you truly believe that the original works of an author or authors belong 
 not to them individually but to some larger
 collective, you would probably be more effective talking to legislators to 
 get the copyright and patent laws in your
 local jurisdiction struck down, and best of luck with that.  Mean time we 
 will continue asking the authors of
 contributions to agree to share the specific rights in their work if they 
 want it accepted into a Canonical-led project.
  That's the best way to guarantee fairness for everyone.

Of course we're all free to fork the canonical code to a project that
doesn't have the same CLA, so it's not a vast issue; but as is I can
not contribute to a subproject that requires contributions under the
current CLA.

Dave

 
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 Stephen M. Webb  stephen.w...@canonical.com
 
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Re: [Ubuntu-bugcontrol] Please, consider reflecting on the Canonical Contributor Agreement

2014-12-29 Thread Alberto Salvia Novella

Stephen M. Webb:
 I think you will find that there is no conflict between any vaguely
 defined social contract and the requirements for acceptable code
 submission to a software project.

That social contract is http://www.gnu.org/licenses/gpl.txt.


David Alan Gilbert:

I don't think any reading of Alberto's mail is objecting to code review.


Exactly.


Stephen M. Webb:
 If you truly believe that the original works of an author or authors
 belong not to them individually but to some larger collective, you
 would probably be more effective talking to legislators to get the
 copyright and patent laws in your local jurisdiction struck down, and
 best of luck with that.  Mean time we will continue asking the
 authors of contributions to agree to share the specific rights in
 their work if they want it accepted into a Canonical-led project.
 That's the best way to guarantee fairness for everyone.

Putting the agreement under the United Kingdom law wasn't my objection, 
but to take nearly unlimited power over the code.



Stephen M. Webb:
 If you could enumerate the abuses engendered by asking for a grant of
 license I'd be happy to address them individually.

As I said, this is like telling a autocracy is good because their 
drivers have never done something bad.


It's something that elicits distrust itself, and usually finishes with 
people working less and less for the project; even when they are paid 
for it.






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Re: [Ubuntu-bugcontrol] Please, consider reflecting on the Canonical Contributor Agreement

2014-12-29 Thread Stephen M. Webb
I have removed most of the CC: on this discussion because I don't believe such 
spam is appropriate (and it fills my
mailbox with list rejections).

On 12/29/2014 09:54 AM, Alberto Salvia Novella wrote:
 Stephen M. Webb:
 I think you will find that there is no conflict between any vaguely
 defined social contract and the requirements for acceptable code
 submission to a software project.
 
 That social contract is http://www.gnu.org/licenses/gpl.txt.

The GPL is not a social contract, it is a legal agreement defining the terms of 
use and distribution of a work of
software.  It deals exclusively with downstream distribution of software and 
expressly does not mention how upstream
projects are to be run.

If you wish to reference a social contract from the Free Software Foundation, 
you would be better off using the GNU
Manifesto [1] which explicitly enumerates a set of rights and entitlements the 
Free Software Foundation believes are a
part of the social contract between individuals.  Please read it closely:  I 
believe you will not find among those
enumerated rights any kind of entitlement that your changes must be accepted 
upstream.  If you can find such a right
enumerated, please let me know; I have some tasteless easter eggs I want to 
add to some widely-used programs
distributed by the FSF.

As I said previously, all upstream project have a set of conditions, express or 
implied, they require any contribution
to fulfil before acceptance.  Your arguments that having any such set of 
restrictions contravenes the social contract
or is invalid under the GNU General Public License still remains to be made.

 Stephen M. Webb:
 If you truly believe that the original works of an author or authors
 belong not to them individually but to some larger collective, you
 would probably be more effective talking to legislators to get the
 copyright and patent laws in your local jurisdiction struck down, and
 best of luck with that.  Mean time we will continue asking the
 authors of contributions to agree to share the specific rights in
 their work if they want it accepted into a Canonical-led project.
 That's the best way to guarantee fairness for everyone.
 
 Putting the agreement under the United Kingdom law wasn't my objection, but 
 to take nearly unlimited power over the code.

Yes, the rhetorical techniques of vagueness (power over the code) and pathos 
[2] (unlimited power!!!1!) can be
powerful tools, but as an engineer I prefer facts.  Here are some of the facts 
involved when I decide to accept or
reject a contribution in any of the several Canonical-led projects for which I 
am responsible.

In almost all jurisdictions copyright law grants the original author of a work 
a set of rights over the use of that
work, including the right to license or restrict the use of that work, either 
for free or for a fee, to another legal
person (which could be an individual or a business entity).  Other users of the 
copyright work do not have such rights,
even if they have been granted permission by the author to use the work.

Because the power over use of copyrighted works is balanced in favour of the 
original author (as it should be), it puts
any business that makes use of the copyrighted work at the mercy of that 
author.  For example, an organization that
provides a software program used to operate a general-purpose computer might 
accept a small contribution to improve the
performance of the program on a particular device.  The contribution is then 
included in the software program and
distributed widely.  Subsequently, the author of the contribution revokes or 
changes the license terms, forcing the
organization to remove the contribution at its expense and disrupting its 
business, possibly even terminating it.  This
is certainly not the intended consequence of copyright or patent law, but 
certainly a very real possibility, and one
which has been used in practice on several high-profile occasions.

The effective alternatives to preventing this very real threat to a business 
attempting to use Free or open source
software are: (1) accept absolutely no outside contributions ever or (2) 
require a non-revokable symmetric grant of
copyright powers from the original author of outside contributions (such as the 
CLA).  A third alternative is that the
business investigate the individual contributor with background checks and 
judge them individually as worthy
contributors, but nobody wants that and ain't nobody got time for that.

Remember, at no time does the CLA remove or restrict any enumerated rights of 
the original author nor does it accrue
more rights to the licensee than the original author already has. The CLA 
simply grants similar rights as the original
author to the licensee.  It does restrict the malicious use of the original 
author's enumerated rights with respect to
the licensee, and that's the point.  I can see how some selfish people would 
object to that restriction, but I am not
convinced by