<div dir="ltr"><div>(For full background, see previous thread)<br></div><div><br></div><div>Before beginning, I strongly discourage anyone from using these ideas
with out talking to a lawyer; licenses are complex tools and the law is
not kind to those who violate it, particularly marginalized people. I
also think a far more diverse forum than this mailing list or Twitter
are the proper places to address these issues. And as always, I am not a
lawyer.</div><div><br></div><div>My second idea is called Dual
Licensing for Justice. I'll describe the idea first and follow with a
list of open questions I have about the idea. <br><div><br></div><div>Description:</div><div>The
idea for Dual Licensing for Justice comes from, you guessed it, dual
licensing and my own experience with the [license for the Houdini
Project](<a href="https://github.com/houdiniproject/houdini/blob/master/LICENSE" target="_blank">https://github.com/houdiniproject/houdini/blob/master/LICENSE</a>)
which I help lead. It's additionally inspired by the
GPLvX-or-later license notice. In this tactic, a strong copy-left
license could apply to the software. The community would draft a special
exception to that license which grants all users except a set of listed
entities the right to use the software under a more permissive license.
As an example, consider the following, utterly non-legally valid
special exception:</div><div>---</div><div>As a special exception to the
normal AGPLv3 license, all users except Amazon and their employees may
choose, to redistribute and/or modify this software under the LGPLv3
license.</div><div>---</div><div>This special exception makes clear who the
community considers a bad actor and initially imposes greater
obligations on them than anyone else. That said, I strongly believe it
is FSD compatible and also believe it is OSD compatible. All parties
receive a set of rights and obligations that comply with both
definitions.</div><div><br></div><div>As in the Persona non Grata
Preamble, this special exception serves as a clear statement on the
community's view on who is welcome in their community. Additionally, if
the bad actor wants to redistribute, they have to distribute the license
shaming them. Finally, if they redistribute under the more permissive
license (by receiving the the permissively licensed copy from a third
party), it's a grave sign that the bad actor has no interest in
community norms and would open them up to public ridicule. This might
have a similar community reaction as Chef reuploading the add-on deleted
by the user who opposed their collaboration with ICE.</div><div><br></div><div>Open questions:</div><div>1.
Is this FSD and OSD compatible? I tend to feel it is in spirit as every user
receives the software under terms that comply with both definitions. That said, the wording of annnoted OSD #5 as mentioned on the previous thread may imply otherwise.<br></div><div>2.
Can the special permission be removed under any conditions, including
when redistributed under the more permissive license? If so, can that be
addressed so it can't be removed?<br></div><div>3. Can this be
mechanism be expanded on in other dimensions and still be FOSS? If so
how much would it reduce its effectiveness? As an example, could you
list more general sets of bad actors like "defense contractors" or "oil
companies"? I don't see why not but it might be less effective since
there isn't a single or small number of actors to shame.</div><div>4.
What effect does this have on copyleft as a concept? To date, one use
case of strong copyleft is corporate dual licensing, primarily for
encouraging purchase of a copy under a proprietary license. As someone
who values very strong copyleft, it would be worrisome to see strong
copyleft further viewed as a punishment. On the other hand, I wouldn't
encourage communities to use this when they want their license to be a
strong copy left; if this tactic was vetted and "approved", then, given
the moral urgency of the moment, I'd encourage them to use this when
they want their license to be as permissive as the listed exception but
want to express righteous indignation at those who violate community
norms.<br></div><div>5. What is the risk to marginalized people and is
it worth that risk? Similar to the Persona non Grata Preamble,
publicizing the idea of listing bad actors means that its more likely
that it could be used to harass or harm marginalized people. Before
using this tactic, it should be well vetted by a globally diverse set of
people from marginalized communities. </div></div><br>-- <br><div dir="ltr" class="gmail_signature" data-smartmail="gmail_signature"><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div>Eric Schultz, Developer and FOSS Advocate<br></div><div><a href="http://wwahammy.com" target="_blank">wwahammy.com</a><br></div><div><a href="mailto:eric@wwahammy.com" target="_blank">eric@wwahammy.com</a><br></div><div>@wwahammy</div><div>Pronouns: He/his/him<br></div></div></div></div></div></div></div></div></div></div>