Gentoo Archives: gentoo-project

From: Rich Freeman <rich0@g.o>
To: gentoo-project@l.g.o
Subject: Re: [gentoo-project] Groups under the Council or Foundation: the structure & processes thereof
Date: Mon, 14 Nov 2016 00:10:56
Message-Id: CAGfcS_=wuBMTRuHhBzSeG5XwswhtTYtYnfhAyKZO0wYUPmkkOw@mail.gmail.com
In Reply to: Re: [gentoo-project] Groups under the Council or Foundation: the structure & processes thereof by "William L. Thomson Jr."
1 On Sun, Nov 13, 2016 at 2:37 PM, William L. Thomson Jr.
2 <wlt-ml@××××××.com> wrote:
3 > On Sunday, November 13, 2016 11:26:29 AM EST Alec Warner wrote:
4 >>
5 >> What I think is actually true is that there are some risks the current
6 >> board sees, and they (we?, I am on the board after all) see one way to
7 >> reduce the risk is by this joining. I think we should also be open to
8 >> evaluating the risks and seeking other avenues to mitigate them.
9 >>
10 >> I think, speaking in general terms, one risk is the following.
11 >>
12 >> 1) When a community member feels harmed by the community, they can file a
13 >> suit. They can sue individuals, or they can sue the Foundation. They cannot
14 >> sue "Comrel" for example, because Comrel is not an entity. They can sue the
15 >> individuals that compose comrel, or they can sue the Foundation.
16 >>
17 >> 2) If they sue the Foundation, we are worried that a 100% hands-off
18 >> solution is going to be an effective defense. In the current scheme, the
19 >> Foundation has no real control over the operation of Comrel. I think there
20 >> is a lack of confidence that this defense is sufficient to dismiss a suit
21 >> though.
22
23 First, I agree with Alec and do think that it is important that our
24 processes be legally defensible. I don't think the Trustees can be
25 left completely in the dark about what is going on. There are a lot
26 of ways that can be accomplished, but I don't support 100% hands-off.
27
28 >
29 > A defamation suit is not out of the question if someone feels actions taken
30 > against them have caused great harm to their reputation.
31 >
32 > For example;
33 > In my case being painted as an outcast could have implications in obtaining
34 > jobs, etc. It would be interesting to see how a court would rule on someones
35 > volunteer actions, perceived conduct by others, having effect on their ability
36 > to make a living, Based on how others have made them out to be, an outcast,
37 > etc, tarnishing their reputation publicly.
38 >
39 > Something many seem to ignore or overlook. Comrel or any action taken against
40 > someone could have serious impacts on that individuals career. Their ability
41 > to make a living, obtain jobs, contracts, etc.
42
43 And this is part of why I don't think Comrel actions should be
44 announced publicly, or when people do have a need to know the amount
45 of information given is minimal. Somebody has left Gentoo is probably
46 all they truly need to know, and if the person who has left wants to
47 divulge more they can do so, but Gentoo should be off the hook in that
48 case.
49
50 So, in the hypothetical case of somebody who announces to the world on
51 a public list that they're an outcast, and the distro doesn't speak
52 specifically to that persons case but only discusses general policy,
53 then there really isn't much to complain about. If the person was
54 concerned about their reputation, then they shouldn't have announced
55 to the world that they're an outcast.
56
57 If Gentoo is broadcasting stuff like that to the world then sure there
58 is potentially risk, depending on the accuracy of what is being said,
59 and a bunch of other things as well most likely. Better to just stay
60 clear of that.
61
62 Certainly at my workplace when people are dismissed the company
63 doesn't comment on why. People are simply told that somebody is
64 leaving. If somebody calls for a reference, the company policy is
65 that the only thing that gets divulged is their employment dates,
66 and/or salary, and only if the former employee requests either.
67
68 --
69 Rich