<div dir="ltr"><div dir="ltr">On Thu, Mar 19, 2020 at 2:18 PM Jim <span class="" id=":3n0.1" tabindex="-1" style="">Jagielski</span> <<span class="" id=":3n0.2" tabindex="-1" style="">jim</span>@<span class="" id=":3n0.3" tabindex="-1" style="">jimjag</span>.com> wrote:<br></div><div class="gmail_quote"><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
> On Mar 18, 2020, at 12:46 PM, Brian Behlendorf <<a href="mailto:brian@behlendorf.com" target="_blank">brian@behlendorf.com</a>> wrote:<br>
> Any long term community or institution unwilling to occasionally reconsider any of its core principles is one doomed to eventual irrelevance. The U.S. Constitution has been successfully amended 27 times, with the first ten of them (the Bill of Rights) happening only 2 years after, the most recent one ratified in 1992 (203 years after first being proposed! now that must have been an epic thread.)<br>
> <br>
First of all, I don't think anyone is saying that the OSD is written in stone, sacrosanct, and immune from reconsideration.</blockquote><div><br></div><div>Frankly, I've seen quite a bit of <span class="" id=":3n0.4" tabindex="-1" style="">pushback</span>, but I agree that the community is opening up to the idea. There's no process for doing that yet, however. It would be great for the OSI to create one.</div><div> </div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">And yes, the U.S. Constitution has been amended over the years, but most of those are procedural changes and modifications, or clarifications of confusion. A relatively small number of those fundamentally change core principles, and one, which was made almost specifically due to "moral" reasons, was soon overturned (prohibition). So the 2 comparisons are not quite exact.<br></blockquote><div><br></div><div>Sure, a number of <span class="" id=":3n0.5" tabindex="-1" style="">amendments</span> were procedural changes and clarifications, but let's not forget that there were also amendments which abolished slavery, and gave women and people of color the right to vote. I don't think we can quite underline that enough, especially given an international audience that's not necessarily well versed in American history.</div><div><br></div><div>The failure of prohibition actually tells us two things:</div><div><br></div><div>(1) that there are a variety of policies that fall under moral or ethical labels, some of which are anchored in belief systems that are often specific to a community, and others that are grounded in much more universal ethical frameworks and stand the test of time, and</div><div>(2) that such policies when ineffective or counterproductive can be rescinded, even at the national level.</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">
For me, the biggest issue with ethical open source is that the very fact that such licenses leave certain key questions (and answers) open to interpretation are their basic failings.</blockquote><div><br></div><div>I agree a 100%.</div><div><br></div><div>For software released under such licenses to be usable and gain traction in the community (and in particular among businesses), there can't be room for interpretation. And that is true regardless of whether or not such licenses would get certified by the OSI.</div><div><br></div><div>I think we're all well aware that addressing this requires legal acumen that few of us have (I certainly don't) and that it is very possible that it's not addressable at all.</div><div><br></div><div><div>But I've also seen on multiple occasions that attorneys are just as creative and solution-minded as engineers, if not more, so I wouldn't be surprised if there were ways to pull this off.</div><div><br></div><div>My belief is the OSI should take a leadership position here, in part because assisting attorneys to craft open source licenses is one of its purpose (as stated in its bylaws) but also because there's a clear and strong demand from the community.</div><div><br></div><div>And if after a good faith effort to make this happen there's consensus that there are no compelling solutions to these legal concerns, it will be a lot easier to put the matter to rest, and focus on driving ethical concerns through different avenues.</div></div><div><br></div><div>--tobie</div></div></div>