<div dir="ltr"><div dir="ltr"><br></div><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Thu, Aug 8, 2019 at 9:50 PM Moritz Maxeiner <mm@ucw.sh> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><br>
I'm not sure if it can be considered a good policy argument, but my point of <br>
view is that it's - at the very least - ethically questionable to take source <br>
code that the author clearly intended to be libre, improve upon it, and then <br>
keep the improvements from the rest of the world; or the sinister variant of <br>
it: Make it worse and pretend you didn't. As an example of the latter consider <br>
the following (contrived, but imho not implausible scenario):<br></blockquote><div><br></div><div><br></div><div><br>Your first example is a question of method of payment, with source code for undistributed/communicated software being used as a substitute for copyright royalties. I still hear arguments from people saying that FLOSS is a form of dumping which lowers what royalty fees can be charged, and thus should be declared illegal. I don't see much of a difference between the arguments in favour of demanding source code for undistributed software and a suggestion that royalty-free software be declared anti-competitive.<br></div><div><br></div><div>Disallowing software authors the ability to control private activities has a public policy benefit to protecting the rights and interests of software users that goes far beyond the public value of the otherwise private software modifications. I suspect our evaluation of the ethics of the two scenarios are quite opposite, as I consider allowing software authors to control private activities including private modifications to be unethical.<br><br></div><div><br></div><div>Whether a company can or cannot monitor the activities of employees using company equipment is a matter of government regulation of employers, not something that belongs in a software license. Once we allow software licenses to attempt to preempt the public policy process, we are suggesting that software authors should be writing the laws rather than legislators ( ... <a href="http://codev2.cc/">http://codev2.cc/</a> ). Some of these authors may be ethical, and some unethical, and both extremes will have access to the same legal tools set by precedent.</div><div><br></div><div>As someone who has spent months as an observer and witness in parliamentary committees studying bills, and being the only representative of the FLOSS community attending, I'm always frustrated at how software developers get so excited about implementing public policy in software license agreements and yet don't bother participating in the actual legislative process. Attempting to take shortcuts will always have consequences.</div><div><br><br></div></div></div>