Gentoo Archives: gentoo-project

From: Rich Freeman <rich0@g.o>
To: gentoo-project@l.g.o
Subject: Re: [gentoo-project] Require OpenPGP signatures from existing devs on new developer applications?
Date: Wed, 04 Jan 2017 21:26:46
Message-Id: CAGfcS_mLDFi1zeW_EyFRYPmPULag7hqSffB2sEpUv+8n+J_oNg@mail.gmail.com
In Reply to: Re: [gentoo-project] Require OpenPGP signatures from existing devs on new developer applications? by Andrew Savchenko
1 On Wed, Jan 4, 2017 at 3:46 PM, Andrew Savchenko <bircoph@g.o> wrote:
2 >
3 > And what about anonymous developers? We do have them and in modern
4 > world people may have good reasons to stay anonymous.
5
6 While we have occasionally allowed individuals to not publish their
7 real name (which I'm not entirely convinced is a great idea), we do
8 require that all developers disclose their names for legal reasons.
9 Now, the reality is that we don't currently rigorously verify the
10 names that are supplied.
11
12 In at least some situations somebody who has a need to protect their
13 identity may be eligible to have their government issue an ID under
14 another name legally, which would be an ideal solution to this
15 problem. That also takes us out of the role of having to vet the
16 legitimacy of such requests.
17
18 > Just reminds
19 > me about US braindead law allowing company to own all code written
20 > by dev, while he/she is employed, even when that code was written
21 > using during off-duty hours or vacation days.
22 >
23
24 A citation would be welcome on that "law." :)
25
26 The actual laws say that copyright is owned by the author, unless it
27 is a work for hire, or unless it is transferred. Now, employment
28 contracts often make grandiose claims of ownership to anything
29 somebody does, but the extent to which these claims are enforceable in
30 court is a bit dubious. If the work is related to the area of
31 somebody's employment then there probably is a pretty strong claim to
32 the work under US law, and I think the claims are hard to enforce if
33 the employee is a low-level employee and the work has no relationship
34 to what somebody is paid for. And then there is every shade of grey
35 in-between. It is like non-compete clauses: lots of companies have
36 them, but courts tend to be more reasonable in enforcing them.
37
38 In any case, either way we don't do ourselves any favors by keeping
39 somebody anonymous. If somebody has a legal claim on something
40 contributed to Gentoo it is better that we identify that issue before
41 it becomes deeply embedded in our codebase where it becomes much
42 harder to remove. Hiding problems doesn't make them go away, and
43 willfully hiding them tends not to be looked at kindly in a court.
44
45 --
46 Rich