Re: [Python-Dev] Deciding against the CLA

2013-04-15 Thread Guido van Rossum
Can we get this discussion  off python-dev? It's not going to change,
and this is not the forum to express your disagreement.

On Mon, Apr 15, 2013 at 12:15 AM, Ben Finney  wrote:
> Steven D'Aprano  writes:
>
>> On 13/04/13 20:30, Ben Finney wrote:
>> > "Stephen J. Turnbull"  writes:
>> >> A failure to sign the CLA is already a decision not to contribute
>> >> to the distribution
>> >
>> > As someone who cannot in good faith sign the CLA, that
>> > characterisation is far from accurate: I would very much like to
>> > contribute to the Python distribution, and so have not decided as
>> > you describe.
>>
>> Could you explain, briefly, why you cannot sign the CLA?
>
> Because software freedom in a work is undermined when any recipient is
> granted special legal privilege in the work.
>
> As it currently stands, the Contributor Agreement grants special legal
> privilege in the work (the power to unilaterally re-license the work) to
> the PSF.
>
> By “special privilege”, I mean that this power is granted specially to
> some but denied to all other recipients of the work. Hence to sign the
> Contributor Agreement as it currently stands is to undermine software
> freedom in the resulting work.
>
> --
>  \“Choose mnemonic identifiers. If you can't remember what |
>   `\mnemonic means, you've got a problem.” —Larry Wall |
> _o__)  |
> Ben Finney
>
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-- 
--Guido van Rossum (python.org/~guido)
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Re: [Python-Dev] Deciding against the CLA

2013-04-15 Thread Stephen J. Turnbull
Ben Finney writes:

 > As it currently stands, the Contributor Agreement grants special
 > legal privilege in the work (the power to unilaterally re-license
 > the work) to the PSF.

"I hate to disagree, Sir, but that turns out to be incorrect."[0]

First, it's not the Contributor Agreement, it's the approved Initial
Licenses that grant the power to sublicense (the technical term in US
law for the kind of "re-licensing" being discussed here).  The AFL
does so explicitly.  I'm not sure about the Apache license, but it does
so at least implicitly.  (That's the main feature of a "permissive
license".)  I agree the wording is a little vague, but in fact the
Contributor Agreement simply affirms that the Initial License has been
granted and that it provides for sublicensing.  It then *takes away*
power from the PSF, by requiring it to use an open source license,
which the Initial Licenses (AFL and Apache) do not.

Second, although in theory the PSF might change its license, at the
moment the current PSF license also (implicitly) permits some form of
"re-licensing" because it requires only preservation of copyright
notice (clause 2) and a list of changes (clause 3).  In particular it
implicitly grants the right to use a proprietary license for works
derived from the contribution, which is denied to the PSF under the
Contributor Agreement.[1]  I think that is very unlikely to change.

So the PSF Contributor Agreement grants no special privileges to the
PSF not available in practice to any Python user.


Footnotes: 
[0]  IANAL, but I'm on pretty firm ground on this one.

[1]  Technically speaking, that proprietary license may not apply to
the portion of code copied from Python.  In practice, to the extent
that proprietary original code is mixed with PSF Python, it can
effectively prevent copying any part of the derived work.  Cf. the
infamous "non-permission" statement on O'Reilly's _The X Window
System_ series.

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Re: [Python-Dev] Deciding against the CLA

2013-04-15 Thread Glenn Linderman

On 4/15/2013 12:15 AM, Ben Finney wrote:

Steven D'Aprano  writes:


On 13/04/13 20:30, Ben Finney wrote:

"Stephen J. Turnbull"  writes:

A failure to sign the CLA is already a decision not to contribute
to the distribution

As someone who cannot in good faith sign the CLA, that
characterisation is far from accurate: I would very much like to
contribute to the Python distribution, and so have not decided as
you describe.

Could you explain, briefly, why you cannot sign the CLA?

Because software freedom in a work is undermined when any recipient is
granted special legal privilege in the work.

As it currently stands, the Contributor Agreement grants special legal
privilege in the work (the power to unilaterally re-license the work) to
the PSF.

By “special privilege”, I mean that this power is granted specially to
some but denied to all other recipients of the work. Hence to sign the
Contributor Agreement as it currently stands is to undermine software
freedom in the resulting work.

Easily curable by granting that right to all recipients of the 
contributions you make to PSF, no? Of course, the contributor's 
agreement has no particular need to include such a clause, but you can 
include it in a separately published version of the contributions, to 
keep freedom free...
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Re: [Python-Dev] Deciding against the CLA

2013-04-15 Thread Ben Finney
Steven D'Aprano  writes:

> On 13/04/13 20:30, Ben Finney wrote:
> > "Stephen J. Turnbull"  writes:
> >> A failure to sign the CLA is already a decision not to contribute
> >> to the distribution
> >
> > As someone who cannot in good faith sign the CLA, that
> > characterisation is far from accurate: I would very much like to
> > contribute to the Python distribution, and so have not decided as
> > you describe.
>
> Could you explain, briefly, why you cannot sign the CLA?

Because software freedom in a work is undermined when any recipient is
granted special legal privilege in the work.

As it currently stands, the Contributor Agreement grants special legal
privilege in the work (the power to unilaterally re-license the work) to
the PSF.

By “special privilege”, I mean that this power is granted specially to
some but denied to all other recipients of the work. Hence to sign the
Contributor Agreement as it currently stands is to undermine software
freedom in the resulting work.

-- 
 \“Choose mnemonic identifiers. If you can't remember what |
  `\mnemonic means, you've got a problem.” —Larry Wall |
_o__)  |
Ben Finney

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[Python-Dev] Deciding against the CLA

2013-04-14 Thread Stephen J. Turnbull
Ben Finney writes:
 > "Stephen J. Turnbull"  writes:
 > 
 > > Mark Lawrence writes:
 > >
 > >  > People already use the bug tracker as an excuse not to
 > >  > contribute, wouldn't this requirement make the situation
 > >  > worse?
 > >
 > > A failure to sign the CLA is already a decision not to contribute
 > > to the distribution
 > 
 > As someone who cannot in good faith sign the CLA, that
 > characterisation is far from accurate: I would very much like to
 > contribute to the Python distribution, and so have not decided as
 > you describe.
 > 
 > Rather, I leave the matter of contribution undecided,

Whatever.  In fact, the consequence of your failure to sign the CLA is
that your code doesn't get distributed with any of the current Python
releases, is that correct?

Back in context, I don't see how placing a reminder to sign the CLA on
the page makes your decision at that instant harder.  I suppose it
might deter you from submitting code that by policy shouldn't be
included in the distribution, but might be useful to third parties.
Whether such deterrence is a good thing or a bad thing would depend on
how likely it was to be independently invented by some who is willing
to contribute code, and whether you would try to enforce your
copyright in the event that it resembled your code (in which case
there would be an obvious case for infringement, with the burden of
proof on the individual who is willing to sign the CLA).

(By the way, what is your problem of conscience with the PSF CLA?  Are
you afraid that the PSF's obligation to use an "open source license"
is not enforceable?  You don't like the choice of Initial Licenses?
Something else?)

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Re: [Python-Dev] Deciding against the CLA

2013-04-14 Thread Steven D'Aprano

On 13/04/13 20:30, Ben Finney wrote:

"Stephen J. Turnbull"  writes:


Mark Lawrence writes:

  > People already use the bug tracker as an excuse not to contribute,
  > wouldn't this requirement make the situation worse?

A failure to sign the CLA is already a decision not to contribute to
the distribution


As someone who cannot in good faith sign the CLA, that characterisation
is far from accurate: I would very much like to contribute to the Python
distribution, and so have not decided as you describe.


Could you explain, briefly, why you cannot sign the CLA?


--
Steven

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Re: [Python-Dev] Deciding against the CLA (was: Introducing Electronic Contributor Agreements)

2013-04-13 Thread Brett Cannon
On Sat, Apr 13, 2013 at 6:30 AM, Ben Finney  wrote:
> "Stephen J. Turnbull"  writes:
>
>> Mark Lawrence writes:
>>
>>  > People already use the bug tracker as an excuse not to contribute,
>>  > wouldn't this requirement make the situation worse?
>>
>> A failure to sign the CLA is already a decision not to contribute to
>> the distribution
>
> As someone who cannot in good faith sign the CLA, that characterisation
> is far from accurate: I would very much like to contribute to the Python
> distribution, and so have not decided as you describe.
>
> Rather, I leave the matter of contribution undecided, while advocating
> (when opportunity arises) against the CLA.
>
> The decision that the current terms are unacceptable does not entail a
> decision not to contribute.

Stephen said that it's a choice not to contribute and not that one
wouldn't _like_ to contribute if the CLA wasn't there. Those are both
distinctive choices to make. A desire to help is independent of
whether you are willing to take the necessary step of signing the CLA
in order to change that desire into an actual act of contributing
(which is obviously fine; if you have moral issues with the CLA no one
will hold it against you, we just can't legally risk accepting code
without it).

-Brett

>
> (aside: good sigmonster, have a treat.)
>
> --
>  \ Lucifer: “Just sign the Contract, sir, and the Piano is yours.” |
>   `\ Ray: “Sheesh! This is long! Mind if I sign it now and read it |
> _o__)later?” —http://www.achewood.com/ |
> Ben Finney
>
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[Python-Dev] Deciding against the CLA (was: Introducing Electronic Contributor Agreements)

2013-04-13 Thread Ben Finney
"Stephen J. Turnbull"  writes:

> Mark Lawrence writes:
>
>  > People already use the bug tracker as an excuse not to contribute, 
>  > wouldn't this requirement make the situation worse?
>
> A failure to sign the CLA is already a decision not to contribute to
> the distribution

As someone who cannot in good faith sign the CLA, that characterisation
is far from accurate: I would very much like to contribute to the Python
distribution, and so have not decided as you describe.

Rather, I leave the matter of contribution undecided, while advocating
(when opportunity arises) against the CLA.

The decision that the current terms are unacceptable does not entail a
decision not to contribute.

(aside: good sigmonster, have a treat.)

-- 
 \ Lucifer: “Just sign the Contract, sir, and the Piano is yours.” |
  `\ Ray: “Sheesh! This is long! Mind if I sign it now and read it |
_o__)later?” —http://www.achewood.com/ |
Ben Finney

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