<div dir="ltr"><div dir="ltr"><br></div><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Mon, Mar 9, 2020 at 4:44 PM Christopher Lemmer Webber <<a href="mailto:cwebber@dustycloud.org">cwebber@dustycloud.org</a>> 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">Here is my answer: the role of FOSS licenses is to undo the damage that<br>
copyright, patents, and related intellectual-restriction laws have done<br>
when applied to software. That is what should be in the scope of our<br>
*licenses*.</blockquote><div><br></div><div>I've articulated similar elsewhere, so can say I'm in agreement. Software is unlike most other literary works, except possibly other forms of policy (government legislation, legal precedent, etc). While I didn't know to articulate it that way in the early 1990's when I joined, I have since taken inspiration from Lawrence Lessig's "Code and other laws of cyberspace".</div><div><br>Movements which seek to empower software copyright/patent holders through licensing are IMO counterproductive as they perpetuate/promote/exemplify/etc the very problem we should be all trying to work against.</div><div> <br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"> There are other problems we need to solve too if we truly<br>
care about user freedom and human rights, but for those we will need to<br>
take a multi-layered approach.<br></blockquote><div><br></div><div><br></div><div>I spent a significant percentage of my life involved in the policy debate about legal protection for technological measures in Canada starting from the summer of 2001 when the first consultation happened until a bill was finally passed in 2012 (goverment changed a few times, and multiple related bills were tabled). I had a headstart as I had been following the DMCA debates in the USA (the TPM component) starting from the 1995 tabling of Bruce Lehman's Copyright and the NII report.<br><br>When I was doing that policy work I was pretty much alone from the FLOSS community, and was often asked by policy makers and politicians "where was my group". The general lack of political engagement by this community has continuously been disheartening. The community is large, and FLOSS advocates in my home town even hosted the "Ottawa Linux Symposium". My BOF at OLS had more attendents than were actually pushing to be witnesses at the committee of parliamentarians trying to study this. (An archive of much of what I wrote during that period, including my review of each committee meeting -- I attended every one in person -- is at <a href="http://www.digital-copyright.ca/">http://www.digital-copyright.ca/</a> ).<br></div><div><br></div><div>That was a time when I was trying to represent the FLOSS community in a human rights protecting manner, and was given the title of Policy Coordinator for CLUE (Canadian Linux Users Exchange -- <a href="http://linux.ca">linux.ca</a> at the time), but was otherwise given very little community support.</div><div><br>I also co-founded GOSLING (Getting Open Source Logic INto Government) <a href="http://www.goslingcommunity.org">http://www.goslingcommunity.org</a> , but was also one of the few that was concerned with how the government regulated software and software authors/owners. Most of the other participants were concerned with procurement issues, which I consider to be a less critical concern.<br><br><br></div><div>When I am working on environmental issues, Laïcité/secularism (a prerequisite for many other policy areas including reproductive choice and LGBTQ+), I do not do so as a software author as my being a software author was irrelevant to the discussion. Creating a separate Green Software Developers or Software Secularism group would have been counterproductive.<br><br>The same is true of my ongoing work on parliamentary/electoral reform. While I make use of my software knowledge in explaining that we have many choices for how to determanistally count ranked ballots in multi-member districts, I am not involved in this reform strictly as a software author and wouldn't consider creating a Software Authors for PR-STV group (I support PR-STV. I'm opposed to party representation, and granting parties unearned seats). <br><br>I would never consider creating a software license that was opposed to single member districts or party lists, even though I strongly believe these policies deliberately restrict the effectiveness of UN UDHR article 21 rights.<br><br></div><div><br><br>Essentially, while I have always been an extremely strong advocate for software authors becomming politically involved, I believe that software license agreements are exactly the wrong place to become political.<br><br>While I'm happy to see more people realising the special role that software authors play in society, I'm very saddened to see that empowering software copyright/patent holders is being seen by some as having a positive impact on society. We should be encouraging authors to waive this control, and trying to minimise the control enforcable under the law to hold the entire software sector more transparent and accountable.<br><br><br></div><div>Back in the 1980's in my highschool law class I wrote a short review on whether I thought software should be covered by copyright law, something that had not yet been clarified under Canadian law at the time. I don't have a copy handy, but I seem to remember being skeptical then as I felt software was different. The question of software patentability couldn't have come up as software was clearly not patentable at that time. Time has moved on and I'm no longer skeptical -- I strongly believe that software should be held to a level of accountability and transparency not expected of traditional literary works, and should not have the same type of copyright. And I am a strong opponent to software patents.<br><br></div><div><br></div></div>-- <br><div dir="ltr" class="gmail_signature"><div dir="ltr"><div>Russell McOrmond, Internet Consultant: <<a href="http://www.flora.ca/" target="_blank">http://www.flora.ca/</a>><br><br>"The government, lobbied by legacy copyright holders and hardware manufacturers, can pry my camcorder, computer, home theatre, or portable media player from my cold dead hands!" <a href="http://c11.ca/own" target="_blank">http://c11.ca/own</a></div></div></div></div>