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On 25/06/18 15:37, Ulrich Mueller wrote: |
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>>>>>> On Mon, 25 Jun 2018, Greg KH wrote: |
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>> And I'm dragging this back to -core, as I'm not on -project, so my |
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>> responses are not even going there, and you started this on -core. |
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> Nope, I started the thread on -project on 2018-05-30: |
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> https://archives.gentoo.org/gentoo-project/message/b1d92fc4275c15a052cf27bb2a5d75dd |
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> I cross-posted to -core once (on 2018-06-04) for wider audience, |
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> because I had received only a handful of replies by then. |
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> |
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> Otherwise, there is no reason why this discussion should take place in |
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> private, so it is off-topic in -core. |
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> |
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>>> With the license currently listed at https://developercertificate.org/ |
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>>> ("changing is not allowed") nobody would even be allowed to commit |
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>>> the DCO to a repository under it's own terms. Catch-22. |
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>> And as the Debian developers said, "that's crazy-talk, don't worry |
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>> about it." Seriously, don't. |
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> If anyone worries about non-free files in their repositories, then |
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> it's Debian. Certainly much more than we do. |
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> |
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> Also, encouraging people to falsely certify things (and "don't worry |
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> about it") is exactly what we want to avoid. If there is a S-o-b line |
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> included with a commit, then there must not be any doubt that this |
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> commit conforms to the wording of the certificate. If we allow people |
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> to commit non-free files and certify them under the Linux DCO 1.1 then |
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> the whole exercise is useless. |
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> |
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>> And if you do have a lawyer who is worried about such a thing, |
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>> please let me talk to them and I'll be glad to put them in contact |
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>> with loads of other lawyers who will be glad to discuss it. |
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>> What company or legal entity has concern with the DCO as-written? |
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> Everybody who wants to commit a license file to the Gentoo repository, |
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> and with the DCO 1.1 would have to lie about its status? |
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> |
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>> That's not the only thing that you have changed here, as you state. |
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>> You changed the wording of the types of licenses (hint, "free |
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>> software" is not the same as "open source" and has consequences by |
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>> changing that wording.) |
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> It is generally acknowledged that "open source" licenses and "free |
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> software licenses" are mostly congruent. (There are very few OSI |
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> approved licenses like Artistic 1.0 which the FSF classifies as |
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> non-free. The other way around, I am not aware of any.) |
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> |
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> Nevertheless, I don't have a strong opinion here. Our Social Contract |
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> says "free software", so we changed it to that for consistency, but |
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> replacement of the term alone wouldn't be a sufficient reason to |
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> create a modified version. |
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> |
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>>> Do you think that anybody would have difficulties understanding |
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>>> this? Then please propose a better wording. |
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>> I am saying, over and over and over, that it's not up to me to |
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>> change the wording. I want _you_ to justify the change by getting a |
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>> solid legal opinion that what you are changing actually does what |
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>> you think it does, and is even needed in the first place. |
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>> Again, don't try to arm-chair legal issues. That ends up causing |
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>> many more problems than you can ever imagine. There's a good reason |
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>> that lawyers write licenses and legal texts as they understand |
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>> things that are not obvious to non-legally-trained people. |
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> (Sometimes I wonder how some people survive. Do they ask their lawyers |
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> before passing a green traffic light? Or before agreeing to a contract |
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> of sale in the grocery store? :-) |
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> |
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>> And again, you are ignoring the fact that we all are now going to |
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>> have to get the legal departments of our companies to evaluate this. |
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>> That will NOT take just 1 minute. If you use the DCO as-is, that |
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>> would only take 1 minute. |
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> How about the following change then: |
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> |
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> --- a/glep-0076.rst |
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> +++ b/glep-0076.rst |
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> @@ -133,12 +133,17 @@ with the project's license. |
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> For commits made using a VCS, the committer shall certify agreement |
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> to the Gentoo DCO by adding ``Signed-off-by: Name <e-mail>`` to the |
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> commit message as a separate line. Committers must use their real |
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> name, i.e., the name that would appear in an official document like |
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> a passport. |
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> |
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> +As an alternative to the above, commits may be certified with the |
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> +Linux Kernel DCO 1.1. Committers shall clearly indicate this by |
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> +adding ``(Linux DCO 1.1)`` at the end of the ``Signed-off-by`` line. |
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> +Using the Gentoo DCO is strongly preferred, though. |
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> + |
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> The following is the current Gentoo DCO:: |
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> |
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> Gentoo Developer's Certificate of Origin, revision 1 |
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> |
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> By making a contribution to this project, I certify that: |
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> |
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> |
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> It would allow anyone who has issues with our modified version to |
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> commit under the original Linux DCO instead. Of course, certain files |
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> they couldn't commit then. |
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> |
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> Ulrich |
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I make a simple observation based on the thread here. I would personally |
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probably be more comfortable under a DCO that has "large organisation" |
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backing eg. Linux kernel, as the effort required to make changes is |
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likely to be significant, and it is likely to have been vetted by |
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"qualified persons". By contrast, Gentoo is likely to have been cobbled |
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together by a consensus of unqualified persons, and is quite unlikely to |
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be defended in court, -should- it come to that (see recent legal case of |
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McHardy et al). |
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|
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Not that I have any issue with Gentoo having it's own, but it lacks |
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teeth and claws. |
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|
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----- |
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another 2c from the peanut gallery. Apologies. |