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[Updated 2018-09-26 20:30:00 to show the CoC is already in effect. --martyb]
[Ed Note: Given Linus Torvalds' recent decision to step down as head of Linux development for a while, and news of an attempt to install a a new CoC (Code of Conduct) on Linux development, I believe it important to communicate this to our community. It does, however, offer an opportunity for more, ummm, fire, flame, and feelings than the usual stories posted here. Let's try and keep things civil and discuss the merits (or lack of same). To quote Sergeant Joe Friday "All we're interested in is the facts, ma'am."
If you are not interested in this, another story will be along before too long... just ignore this one.
As for the code of conduct itself, take a look at: code of conduct and the kernel commit.]
Eric S. Raymond speaks in regards to the Linux CoC:
From (Eric S. Raymond) Subject On holy wars, and a plea for peace Date Sun, 23 Sep 2018 16:50:52 -0400 (EDT) Most of you know that I have spent more than a quarter century analyzing the folkways of the hacker culture as a historian, ethnographer, and game theorist. That analysis has had large consequences, including a degree of business and mainstream acceptance of the open source way that was difficult to even imagine when I first presented "The Cathedral and the Bazaar" back in 1997.
I'm writing now, from all of that experience and with all that perspective, about the recent flap over the new CoC and the attempt to organize a mass withdrawal of creator permissions from the kernel.
I'm going to try to keep my personal feelings about this dispute off the table, not because I don't have any but because I think I serve us all better by speaking as neutrally as I can.
First, let me confirm that this threat has teeth. I researched the relevant law when I was founding the Open Source Initiative. In the U.S. there is case law confirming that reputational losses relating to conversion of the rights of a contributor to a GPLed project are judicable in law. I do not know the case law outside the U.S., but in countries observing the Berne Convention without the U.S.'s opt-out of the "moral rights" clause, that clause probably gives the objectors an even stronger case.
I urge that we all step back from the edge of this cliff, and I weant[sic] to suggest a basis of principle on which settlement can be negotiated.
Before I go further, let me say that I unequivocally support Linus's decision to step aside and work on cleaning up his part of the process. If for no other reason than that the man has earned a rest.
But this leaves us with a governance crisis on top of a conflict of principles. That is a difficult combination. Fortunately, there is lots of precedent about how to solve such problems in human history. We can look back on both tragic failures and epic successes and take lessons from them that apply here.
To explain those lessons, I'm going to invite everybody to think like a game theorist for a bit.
Every group of humans trying to sustain cooperation develops an ethos, set of norms. It may be written down. More usually it is a web of agreements that one has to learn by observing the behavior of others. The norms may not even be conscious; there's a famous result from experimental psychology that young children can play cooperative games without being able to articulate what their rules are...
Every group of cooperating humans has a telos, a mutually understood purpose towards which they are working (or playing). Again, this purpose may be unwritten and is not necessarily even conscious. But one thing is always true: the ethos derives from the telos, not the other way around. The goal precedes the instrument.
It is normal for the group ethos to evolve. It will get pulled in one direction or another as the goals of individuals and coalitions inside the group shift. In a well-functioning group the ethos tends to evolve to reward behaviors that achieve the telos more efficiently, and punish behaviors that retard progess towards it.
It is not normal for the group's telos - which holds the whole cooperation together and underpins the ethos - to change in a significant way. Attempts to change the telos tend to be profoundly disruptive to the group, often terminally so.
Now I want you to imagine that the group can adopt any of a set of ethoi ranked by normativeness - how much behavior they require and prohibit. If the normativeness slider is set low, the group as a whole will tolerate behavior that some people in it will consider negative and offensive. If the normativeness level is set high, many effects are less visible; contributors who chafe under restriction will defect (usually quietly) and potential contributors will be deterred from joining.
If the normativeness slider starts low and is pushed high, the consequences are much more visible; you can get internal revolt against the change from people who consider the ethos to no longer serve their interests. This is especially likely if, bundled with a change in rules of procedure, there seems to be an attempt to change the telos of the group.
What can we say about where to set the slider? In general, the most successful - most inclusive - cooperations have a minimal ethos. That is, they are just as normative as they must be to achieve the telos, *and no more so*. It's easy to see why this is. Pushing the slider too high risks internal factional strife over value conflicts. This is worse than having it set too low, where consensus is easier to maintain but you get too little control of conflict between *individuals*.
None of this is breaking news. We cooperate best when we live and let live, respecting that others may make different choices and invoking the group against bad behavior only when it disrupts cooperative success. Inclusiveness demands tolerance.
Strict ethoi are typically functional glue only for small groups at the margins of society; minority regious groups are the best-studied case. The larger and more varied your group is, the more penalty there is for trying to be too normative.
What we have now is a situation in which a subgroup within the Linux kernel's subculture threatens destructive revolt because not only do they think the slider been pushed too high in a normative direction, but because they think the CoC is an attempt to change the group's telos.
The first important thing to get is that this revolt is not really about any of the surface issues the CoC was written to address. It would be maximally unhelpful to accuse the anti-CoC people of being pro-sexism, or anti-minority, or whatever. Doing that can only inflame their sense that the group telos is being hijacked. They make it clear; they signed on to participate in a meritocracy with reputation rewards, and they think that is being taken way from them.
One way to process this complaint is to assert that the CoC's new concerns are so important that the anti-CoC faction can be and should be fought to the point where they withdraw or surrender. The trouble with this way of responding is that it *is* in fact a hijacking of the group's telos - an assertion that we ought to have new terminal values replacing old ones that the objectors think they're defending.
So a really major question here is: what is the telos of this subculture? Does the new CoC express it? Have the objectors expressed it?
The question *not* to get hung up on is what any individual's choice in this matter says about their attitude towards, say, historically underepresented minorities. It is perfectly consistent to be pro-tolerance and pro-inclusion while believing *this* subculture ought to be all about producing good code without regard to who is offended by the process. Not every kind of good work has to be done everywhere. Nobody demands that social-justice causes demonstrate their ability to write C.
That last paragraph may sound like I have strayed from neutrality into making a value claim, but not really. It's just another way of saying that different groups have different teloi, and different ethoi proceeding from them. Generally speaking (that is, unless it commits actual crimes) you can only judge a group by how it fulfills its own telos, not those of others.
So we come back to two questions:
- What is our telos?
- Given our telos, do we have the most inclusive (least normative) ethos possible to achieve it?
When you have an answer to that question, you will know what we need to do about the CoC and the "killswitch" revolt.
--
Eric S. RaymondThe spirit of resistance to government is so valuable on certain occasions, that I wish it always to be kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a little rebellion now and then. -- Thomas Jefferson, letter to Abigail Adams, 1787
LKML URL: http://lkml.org/lkml/2018/9/23/212
Possibly in reference to: http://lkml.org/lkml/2018/9/20/444
(Score: 4, Interesting) by wisnoskij on Wednesday September 26 2018, @02:49PM (13 children)
Lets talk about Withdrawing Copyright.
If that is how the GPLv2 works, are we just waiting for Linus or some other major early player to die, and his kids to sell his intellectual property to Microsoft, for this open source experient to crumble into dust?
(Score: 3, Insightful) by requerdanos on Wednesday September 26 2018, @03:36PM (7 children)
Let's not.
The GPL is a means for the copyright holder of a work to say "I grant the four freedoms of free software in a perpetual license to all and sundry."
Let's say the copyright holder decides to stop doing that. This means that the copyright holder stops giving out the code, but the rights of people who already have a license to run, distribute, modify, and share modifications of the code are unaffected. That would require time travel, which, should it become a factor, would likely be met with its own laws.
When esr says that he has researched it and it's totally possible to un-GPL code, that doesn't make him right. What's possible is to stir up trouble, which he's doing (he's not alone), and anyone can sue anyone else for anything, but that doesn't mean that you'll win if you're in the wrong.
This is a sideshow. I implore you do decline to participate, but respect your decision either way.
(Score: 2) by FatPhil on Wednesday September 26 2018, @04:15PM (1 child)
Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
(Score: 0) by Anonymous Coward on Wednesday September 26 2018, @11:39PM
What's your problem with his argument? Too articulate, not enough rape jokes, general misogyny and overt racism? He's making some good points, pompous as he might be as a person... but that's not at issue here.
(Score: 0) by Anonymous Coward on Wednesday September 26 2018, @05:06PM
It's a gratuitous license, it can be withdrawn.
It is not a copyright assignment: no one was "given" anything, they were only "allowed permission".
It might not be good for opensource, but that is the US law on the issue.
Certainly any future versions of the kernel would have to omit the rescinded code. Consumers (users) might have some consumer-protections that allow them to keep using (but not modifying) their current version.
(Score: 3, Insightful) by wisnoskij on Wednesday September 26 2018, @06:32PM (3 children)
Why? If disney, Starwars, Star Trek can license their products, and then latter take those licences away, what is special about the GPL that makes it irrevocable?
And how would that work? Everyone that has downloaded Linux before a certain date could change, distribute, use, etc. And everyone else would be out of luck? Or are you implying that every single person with a copy of a GPLed code prior to the copyright withdrawal would be able to distribute the complete rights to the software to anyone else they chose as well?
(Score: 2) by fido_dogstoyevsky on Wednesday September 26 2018, @11:50PM
Some people see that very nice feature of the GPL as a bug, but it is a feature. And they need to distrubute the source code to stay within GPL2.
It's NOT a conspiracy... it's a plot.
(Score: 2) by toddestan on Thursday September 27 2018, @03:51AM (1 child)
What makes it irrevocable is the terms of the license - the GPL explicitly states it's irrevocable. The difference with your examples is that Disney, being Disney, writes their licenses differently so that they have the option revoking them.
It's the latter, if someone has obtained the code under the GPL they can continue to redistribute it under the terms of the GPL indefinitely, and anyone who receives the code can likewise redistribute it under the terms of the GPL. The only thing that might be kind of dicey could be a hypothetical situation where you only have the the unmodified binaries to redistribute and the original source code is no longer available.
(Score: 1, Insightful) by Anonymous Coward on Thursday September 27 2018, @08:03AM
"the GPL explicitly states it's irrevocable. "
Incorrect. The GPL version 3 explicitly states it's irrevocable.
The GPL version 2 lacks such a clause.
The linux kernel is licensed under the GPL version 2.
Additionally, it (the linux kernel license) also lacks the "any later version" rider.
(Score: 2) by rigrig on Wednesday September 26 2018, @04:05PM
The idea is not that people can simply withdraw their work on a whim, but they could if they were kicked out of the kernel community.
IANAL, but it goes something like this:
Which is where real lawyers get involved, which nobody really wants to happen...
No one remembers the singer.
(Score: 0) by Anonymous Coward on Wednesday September 26 2018, @04:10PM (3 children)
The only way to withdraw copyright is by law. What law did you think of?
(Score: 1, Interesting) by Anonymous Coward on Wednesday September 26 2018, @05:12PM (2 children)
The copyright statute informs the reader that copyright is alienable in the same way property is.
From this you have licenses, transfers, contract licenses, contract sales, etc.
Bare licenses: those not supported by consideration (licensor didn't pay anything to licensee) under property law are revocable at any time by the will of the grantor.
A defense is promissory estopple... but in the text of the GPL version 2 no such promise was made regarding the copyright holder vs the licensee (such a clause was added in version 3). Even then, such would not apply to prospective-licensees (anyone without a current license).
Yes, the copyright holder can withdraw their permission to use their property.
Even in the case of the GPLv3 (linux uses version 2).
The license text does not defeat the underlying law.
(Score: 0) by Anonymous Coward on Wednesday September 26 2018, @11:27PM (1 child)
LOL, "The Law". What jurisdiction are you even referring to? US of A ain't the whole world you know, and Linux is an international endeavour...
(Score: 0) by Anonymous Coward on Thursday September 27 2018, @08:06AM
The USA obviously.
Sure, it might survive outside of the USA, by people who don't care about US Law.
Isn't that the best option... given that it is the USA that is subverting the free-software development process...