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(CC to gentoo-project as required by the GLEP itself). |
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|
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On Tue, Jul 12, 2022 at 05:28:36AM +0500, Anna Vyalkova wrote: |
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> This patch uses more friendly language towards potential transgender |
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> and plural contributors. |
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> |
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> No other projects require to use a legal name, e.g. Linux says to use |
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> your real name[0]. |
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> |
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> Government issued documents are really a bad example since in some |
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> countries it's really hard to get your name changed there. |
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Hi Anna, |
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|
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There was a very long discussion in #gentoo-council IRC about this |
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today, with many sides represented. |
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|
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I apologize I didn't follow who suggested some of the ideas first, so if |
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something was mis-credited, the fault lies with me. |
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|
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The need is for GLEP76's name requirement to balance copyright protection with |
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complexities of jurisdictional naming complexities [4][5]. |
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|
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The kernel DCO says: |
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"using your real name (sorry, no pseudonyms or anonymous contributions.)" |
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|
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Copyright law itself, at various levels (including US law and WIPO treaty |
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[CR001EN]) treaty does permit copyright held by pseudonyms in many cases. |
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But Copyright law also makes assumptions that some body, be it publisher or |
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government office, holds the "real" identity (which can be discovered by legal |
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or other actions), and the publisher holds some liability in this process. |
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|
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Thus Copyright law tries to impose the need to associate a person with a |
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a copyrightable work. |
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|
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Thus it raises two questions: |
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- Is the open source organization that receives a contribution a publisher in |
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this case? |
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- If the organization is a publisher, does this mean they are required to |
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implement some level of Know-Your-Customer (KYC) system? |
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|
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This is all so messy :-(. Maybe we can approach it from a different angle. |
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|
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The older version of the GLEP did use the term "real name", and it was |
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changed to "legal name" because the advice at the time is that "real |
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name" wasn't well-defined. |
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https://bugs.gentoo.org/653118 |
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https://gitweb.gentoo.org/data/glep.git/commit/glep-0076.rst?id=5713e7e0fbeb37a74743f11c80da2d8bdd87acf2 |
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|
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I previously proposed amending it further: |
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https://archives.gentoo.org/gentoo-project/message/26d68349541e4db54a93edf57d6e7404 |
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|
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But in further discussion, even my proposal didn't go far enough. |
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|
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Neither "real name" or "legal name" correctly convey the underlying intent |
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here, and both of them have additional unwanted baggage [1][2][3], and |
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disproportionately impact some population groups. |
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|
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Tying this back together: |
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The Foundation has *zero* desire to implement a KYC system, or to be the |
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holders of any non-public personal information. Esp. The Foundation does |
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not want to even have to look at ID documents. So it's not acceptable to |
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just have: "send your linkage between pseudonym and name-on-ID to |
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trustees". |
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|
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What's really needed? |
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GLEP76 must show that Gentoo (as a legal entity: the current Foundation, or |
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future umbrella), has undertaken due diligence in accepting the contribution. |
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|
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The discussion in #gentoo-council ended up producing a potential text that I'll |
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attached as a patch. |
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|
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I'd like to thank the following for their contributions to the text. |
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|
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kuzetsa CatSwarm <kuzetsa@×××××.us> ** significant wording |
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Richard Freeman <rich0@g.o> |
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John Helmert III <ajak@g.o> |
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Ulrich Müller <ulm@g.o> |
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Alec Warner <antarus@g.o> |
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|
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[1] https://en.wikipedia.org/wiki/Battle.net#Privacy_and_Real_ID |
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[2] https://en.wikipedia.org/wiki/Facebook_real-name_policy_controversy |
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[3] https://en.wikipedia.org/wiki/Nymwars |
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[4] Depending where you are, it can range from very easy to almost-impossible to change your name. |
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[5] In https://archives.gentoo.org/gentoo-project/message/26d68349541e4db54a93edf57d6e7404, I linked many other examples |
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[CR001EN] https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/cr/cr001en.html |
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|
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-- |
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Robin Hugh Johnson |
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Gentoo Linux: Dev, Infra Lead, Foundation Treasurer |
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E-Mail : robbat2@g.o |
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GnuPG FP : 11ACBA4F 4778E3F6 E4EDF38E B27B944E 34884E85 |
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GnuPG FP : 7D0B3CEB E9B85B1F 825BCECF EE05E6F6 A48F6136 |