Re: the backchannel politics of GPL enforcement

2014-04-25 Thread Bradley M. Kuhn
I wrote a little while ago:
> it's not me excursively doing it.

Sorry for the bad "spelling auto correct accept" there.
s/excursively/exclusively/.

I'm not sure how I could excursively enforce the GPL.  My prior email was, of
course, on the whole, excursive.  Maybe that's why the word choice seemed ok
when aspell suggested it from a typo. :)


> right or privileged

again, typo, no 'd' there.

   -- bkuhn



Re: the backchannel politics of GPL enforcement

2014-04-25 Thread Bradley M. Kuhn
[ This email is ridiculously long.  Much of it is just anecdotal info
  about my meta-experiences in the software industry over the years as
  they relate to GPL enforcement.  I doubt you'll want to read it unless
  you're really interested in the complicated politics of community GPL
  enforcement, given from a non-profit advocate's perspective.  And,
  much of this stuff below are things I've already said in my various
  public talks on the subject. ]

>> Robinson Tryon wrote on Thursday, 17 April:
>>> in the general case, I hope that employers would not be able to
>>> quash an employee's personal, non-work-time hobby of GPL
>>> enforcement.
> On Wed, Apr 23, 2014 at 6:18 AM, Bradley M. Kuhn  wrote:
>> I wish that were true as well, but it's merely a wish, sadly.

Robinson Tryon wrote at 16:51 (EDT) on Thursday:
> I don't recall hearing the head of BigWig Technologies, Inc. stand up
> and call you or Conservancy out on being akin to a patent troll.

Oh, no, executives at BigWig are *much* more politically savvy than
that.  They send proxies to fight GPL enforcement: if you see people who
have 'street cred' in the Free Software community criticizing my
enforcement efforts (as happens in the media from time to time, like
back in early 2012), you should "follow the money" and see where it
leads you.  (I really wish we had true investigative journalists in the
tech industry who would dig this stuff out independently.)

> If all of this is happening quietly in back alleys, then perhaps
> someone should help you shine some light back there, so we can let the
> rats scurry back to the subway tunnels and let you do your thing.

Indeed, they use plenty of private intimidation tactics, of both the
carrot and the stick variety.  Below are a few anecdotes.  Of course,
since it is "back alley", as you point out, you have to take my word
that these things below happened.  I'm sure that the people involved
would deny it and/or avoid the question if asked, which is the main
reason I don't name names.

For example, an executive at a well-known corporation that contributes
to Linux and other Free Software projects once tried to convince me that
his company would give huge amounts of money to Conservancy if
Conservancy stopped stop doing GPL enforcement entirely.  Other
mid-level managers followed up later with the same message.

Later, a different executive from a different company, which has
invested millions in Linux and Linux-related products, told me privately
that his company would "just stop its work in Linux, Samba and BusyBox
if you don't stop this GPL enforcement" (which would've been comical if
he hadn't seemed dead serious -- it seemed he really thought I was naïve
enough to believe that might be true).  I told him that I found that
impossible to believe, and that he flattered the few GPL enforcers in
the world if he was saying our behavior alone could change his company's
major business plans.  That executive ended the conversation by telling
me that if we were "doing any GPL enforcement against [his] competitors,
get in touch, because [he] could help".  (There is some hypocrisy in
these positions, as you can see.)  This executive also said during the
same conversation that that his "lawyers have researched the question
and found that you cannot ever enforce the GPL without 100% of the
copyright".  Of course, we'd already gotten multiple judicial decisions
in BusyBox cases that show he's just wrong about that. :) He was just
trying to see if he could scare me.

I've also been blackballed from attending some conferences and
participating in some industry groups occasionally, where the only
legitimate reason that can be found upon investigation is that some of
the event/group sponsors are against GPL enforcement.  (The publicly
stated reasons are usually Kafkaesque, that can clearly be shown as a
double-standard when comparing me to other invited participants.)

There have also been plenty of attacks on my character, both public and
private.  Political opponents of GPL enforcement make a lot of hay of
the fact that I'm not a tactful politician and I have no qualms about
frankly speaking truth to power.  I'm admittedly kinda the Michael Moore
of Free Software.  But, political opponents use this as a way to
discredit me and conflate me personally with the broader work of
non-profit GPL enforcement -- since I'm the most known for it -- yet
it's not me excursively doing it.

Finally, at previous employers, I've actually been told by my managers
that they were under serious pressure from their funders to stop my GPL
enforcement work.  I have fewer details on this part because I was only
told that second-hand and thus my repeating it is double-hearsay, but it
was clear to me that the managers in the situation believed it to be
true and they made substantial policy changes based on the information.

Now, I want to be abundantly clear on something I said before: this is
*not* a conspiracy.  All the actors involved have 

Re: the backchannel politics of GPL enforcement

2014-04-25 Thread Robinson Tryon
On Wed, Apr 23, 2014 at 6:18 AM, Bradley M. Kuhn  wrote:
> Robinson Tryon wrote on Thursday, 17 April:
>> in the general case, I hope that employers would not be able to quash
>> an employee's personal, non-work-time hobby of GPL enforcement.
>
> I wish that were true as well, but it's merely a wish, sadly.

Is it legal for the employer to interfere in that way?  (not to
suggest that the interactions between employe(-es and -rs) always
follows the law)

> So, instead, I take the political heat and attacks from the industry
> bigwigs who claim I'm the same as a patent troll because I don't release
> the names of all the copyright holders.  That's good politics on their
> part: scare people so they don't want their names known, and then attack
> the person who helps those scared people stand up for their rights.

Maybe I'm just out of the loop here, but I don't recall hearing the
head of BigWig Technologies, Inc. stand up and call you or Conservancy
out on being akin to a patent troll. If I did hear such a thing, I
feel like I'd be inclined to respond, and perhaps not recommend said
company's hardware/services in the future to those I advise on tech
matters.

If all of this is happening quietly in back alleys, then perhaps
someone should help you shine some light back there, so we can let the
rats scurry back to the subway tunnels and let you do your thing.

> This is the industry we all work in.  I wish others would realize how
> politically dangerous it is to enforce the GPL.  I've basically made it
> so my only job prospects forever are in non-profit organizations or
> outside of computing entirely.  It's what I wanted anyway, so it's not
> that bad for me, but I'm pretty clearly blacklisted from every working
> at any Linux-related company because of my GPL enforcement work.

I've had many people express concern over my potential for future
employment were I to take a position at an organization such as the
FSF or work publicly with someone on GPL-enforcement work. Even some
of the talks I've given might be poison to me gaining employment at
one of the larger tech companies in the US today -- that is, if HR at
the larger tech companies even had the content on their radar.

At some level, I think you envision these companies with more
substance and internal consistency than the flat, 2-D behemoths they
have become; set up as for-profit companies, your current activities
as a GPL-wielding, copyleft enforcer are of lesser importance to them
than your ability to perform a role they need to fill so that they, in
turn, can fill their coffers. If they believe that you can perform
your duties and keep your mouth shut about the (totally legal) stuff
you've done in the past, then I assume they'd probably hire you. You
just strike me as more of an individual, and less of a
cog-in-the-machine :-)

> Actually, I think most of the major Linux companies prefer to pretend
> Linux is LGPL'd.  They're fine with upstreaming core subsystem stuff,
> but they believe anything that isn't a core subsystem should be
> proprietary if they want it to be.

Any idea why the general consensus is to draw the line there? Just
convenient to their business model, ala open-core?

> It's that, but not only that.  It's also that these companies believe if
> the GPL is ever known to exist, it will "hurt adoption of Linux".
> That's why industry trade associations and the like also oppose GPL
> enforcement: adoption is more important than software freedom.

Yes, I've heard bits-and-pieces of that...

>> Do the companies not understand the GPL, or are they willfully
>> violating it because they don't think anyone will bother to enforce
>> it?
>
> Some companies against enforcement actually are generally pretty
> compliant.  They just have this irrational fear that they'll lose
> customers if the GPL is enforced.  If that were true, of course, they'd
> have lost customers already since Harald and I have been enforcing the
> GPL for decades now.

Given that you're actively working on compliance, are these companies
just hoping that you'll be too busy to get to them, or what?

Re: losing customers, GPL compliance seems pretty simple to me, but I
can see how it's a scary place for newcomers. Perhaps if we can
provide more information about how to get into compliance and stay in
compliance (including some kind of stupidly-simple guide for companies
to pass-on to their downstream distributors), we might calm their
irrational fears.

> Others companies are known violators who play at the edges of the
> fundamental "what makes something a combined and/or derivative work"?
> They know they are right on the line, and they are working hard to make
> it difficult for me to challenge them on this.  And, it's quite
> expensive for an individual or a non-profit to challenge a wealthy
> company that's hell-bent on infringing your copyrights.  That issue is
> currently the fundamental center of my GPL enforcement work now.

IIRC you were going after the 

Re: the backchannel politics of GPL enforcement

2014-04-24 Thread Bradley M. Kuhn
I wrote:
> > I think most people on this list would be surprised to learn and will
> > probably doubt me when I say there is a not-really-coordinated, but
> > nearly universal, effort by many "Linux"-related companies, working very
> > hard to squelch anyone who attempts to enforce the GPL, and doubly so
> > against anyone who coordinates many people together to enforce GPL (like
> > I do).

Ralph Corderoy wrote:
>
> I'm not surprised.  One UK manufacturer I chased obtained Linux from a
> well-known supplier of embedded Linux.  When I pointed out to the,
> genuinely surprised, manufacturer their obligations they went upstream
...
> Finally, the manufacturer shipped the wrong source on an expensive CD.
> Then altered the bootloader on newer shipped units to Tivoise it.
...
> The embedded Linux supplier did a poor job IMO;

I agree and see directly stories like you described happen all the time; but,
it wasn't what I was talking about.  I'm talking about *clueful* companies,
many of whom happily comply themselves, who also work hard to squelch
activity of GPL enforcement because they want it to go away.

   -- bkuhn



Re: the backchannel politics of GPL enforcement

2014-04-23 Thread Bradley M. Kuhn
Robinson Tryon wrote on Thursday, 17 April:
> in the general case, I hope that employers would not be able to quash
> an employee's personal, non-work-time hobby of GPL enforcement.

I wish that were true as well, but it's merely a wish, sadly.

> Is there anything specific that could be done to reduce the
> possibility of reprisal from an employer?

It's relatively simple: we need more Linux developers to publicly say
they want to see the GPL enforced, and to even do some enforcement.

> I assume that in the process of bringing suit against a company, the
> names of all copyright holders would be made public, so masking
> identity to avoid harassment wouldn't work.

Indeed.  Of course, we can keep names confidential until such time as a
suit needs to be filed -- and most of the more than a dozen copyright
holders who are involved in the GPL Compliance program for Linux
developers are anonymous.

So, instead, I take the political heat and attacks from the industry
bigwigs who claim I'm the same as a patent troll because I don't release
the names of all the copyright holders.  That's good politics on their
part: scare people so they don't want their names known, and then attack
the person who helps those scared people stand up for their rights.

This is the industry we all work in.  I wish others would realize how
politically dangerous it is to enforce the GPL.  I've basically made it
so my only job prospects forever are in non-profit organizations or
outside of computing entirely.  It's what I wanted anyway, so it's not
that bad for me, but I'm pretty clearly blacklisted from every working
at any Linux-related company because of my GPL enforcement work.
 

> I can certainly imagine that many such "Linux"-related companies would
> be annoyed with the work you do regarding GPL enforcement, as they'd
> much rather pretend that the kernel Linux and other pieces of software
> may be used willy-nilly.

Actually, I think most of the major Linux companies prefer to pretend
Linux is LGPL'd.  They're fine with upstreaming core subsystem stuff,
but they believe anything that isn't a core subsystem should be
proprietary if they want it to be.

> They see you and your colleagues as an impediment to their desire to
> ship a proprietary product, and the GPL as a mechanism that might
> allow others to reuse their work.

It's that, but not only that.  It's also that these companies believe if
the GPL is ever known to exist, it will "hurt adoption of Linux".
That's why industry trade associations and the like also oppose GPL
enforcement: adoption is more important than software freedom.

Ironically, that's the classic non-copyleft/copyleft tradeoff we've
talked about in the Free Software community since the early 1990s.  And,
many Linux developers including Linus himself have said they don't think
Linux would have succeeded if it weren't copylefted.

But, good politicians rewrite history to suit them.  Now that Linux is
successful and GPL violations on it are rampant, those industry folks
want to pretend that copyleft doesn't matter (or, at least, strong
copyleft doesn't).

> I am a bit surprised to hear that companies are working so hard to
> squelch your work.

I figured people on this list would be surprised by this; that's one
reason why I decided to share this on the list.

> Do the companies not understand the GPL, or are they willfully
> violating it because they don't think anyone will bother to enforce
> it?

Some companies against enforcement actually are generally pretty
compliant.  They just have this irrational fear that they'll lose
customers if the GPL is enforced.  If that were true, of course, they'd
have lost customers already since Harald and I have been enforcing the
GPL for decades now.

Others companies are known violators who play at the edges of the
fundamental "what makes something a combined and/or derivative work"?
They know they are right on the line, and they are working hard to make
it difficult for me to challenge them on this.  And, it's quite
expensive for an individual or a non-profit to challenge a wealthy
company that's hell-bent on infringing your copyrights.  That issue is
currently the fundamental center of my GPL enforcement work now.

> To what extent would further education at the developer/engineer level
> help?

Telling Linux developers that we need their support -- in a friendly,
non-confrontational way -- is what's needed most.  Angry posts like some
on this list make to LKML or other places aren't helping.  What helps is
to tell Linux developers that even if they only have a few hundred lines
of code upstream, they should get in touch with me at the GPL Compliance
program for Linux developers.

Second, and probably more importantly: encourage Linux developers you
know to insist that their employers let them keep their own copyright.
There are a fewer and fewer Linux developers who actually have their own
copyrights.  This is by design of these companies: they know that
without 

Re: the backchannel politics of GPL enforcement

2014-04-18 Thread Ralph Corderoy
Hi Bradley,

> I think most people on this list would be surprised to learn and will
> probably doubt me when I say there is a not-really-coordinated, but
> nearly universal, effort by many "Linux"-related companies, working
> very hard to squelch anyone who attempts to enforce the GPL, and
> doubly so against anyone who coordinates many people together to
> enforce GPL (like I do).

I'm not surprised.  One UK manufacturer I chased obtained Linux from a
well-known supplier of embedded Linux.  When I pointed out to the,
genuinely surprised, manufacturer their obligations they went upstream
and I had a very long phone call with the source of their Linux who
tried to persuade me that the vanilla public upstream release was
sufficient and the manufacturer need not supply their tailored one,
despite all the new device-support work they'd done.

Finally, the manufacturer shipped the wrong source on an expensive CD.
Then altered the bootloader on newer shipped units to Tivoise it.

The embedded Linux supplier did a poor job IMO;  Linux wasn't suitable
for the manufacturer's unusual case where the hardware was sold well
below cost because of expectations of per-unit post-sales revenue that
could easily be avoided with new firmware.

Cheers, Ralph.



Re: the backchannel politics of GPL enforcement (was Re: GPL violation by Renault (R-Link system))

2014-04-18 Thread Robinson Tryon
On Wed, Apr 16, 2014 at 5:35 PM, Bradley M. Kuhn  wrote:
>
> That said, there is definitely a chilling effect: developers are afraid of
> losing their jobs or facing trouble at work if they even state their opinions
> in support of GPL enforcement, let alone doing enforcement.

I'm sure there are situations in which a developer's non-work
activities enforcing the GPL could interfere with their work
obligations (e.g. if the developer works at a law firm engaged in
defending against the same kind of Linux/GPL cases that they bring in
their spare time as a former kernel dev), but in the general case, I
hope that employers would not be able to quash an employee's personal,
non-work-time hobby of GPL enforcement.

Is there anything specific that could be done to reduce the
possibility of reprisal from an employer? I assume that in the process
of bringing suit against a company, the names of all copyright holders
would be made public, so masking identity to avoid harassment wouldn't
work.

> I think most people on this list would be surprised to learn and will
> probably doubt me when I say there is a not-really-coordinated, but nearly
> universal, effort by many "Linux"-related companies, working very hard to
> squelch anyone who attempts to enforce the GPL, and doubly so against anyone
> who coordinates many people together to enforce GPL (like I do).

I can certainly imagine that many such "Linux"-related companies would
be annoyed with the work you do regarding GPL enforcement, as they'd
much rather pretend that the kernel Linux and other pieces of software
may be used willy-nilly. They see you and your colleagues as an
impediment to their desire to ship a proprietary product, and the GPL
as a mechanism that might allow others to reuse their work.

But though some may wish to peel the GPL badge off the kernel and
replace it with an "Apache" or "BSD" one, I am a bit surprised to hear
that companies are working so hard to squelch your work. I'd expect
them to be frustrated, perhaps, but not to redouble their efforts when
you/your non-profit steps up to coordinate enforcement of copyleft.

Do the companies not understand the GPL, or are they willfully
violating it because they don't think anyone will bother to enforce
it? To what extent would further education at the developer/engineer
level help?

Cheers,
--R