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Danyl Strype (strypey@quitter.se)'s status on Sunday, 12-Nov-2017 04:46:13 UTC
Danyl Strype
@clacke ok, it looks like there is important recent history missing from my understanding of the context here. Like:
http://qttr.at/1zww-
Danyl Strype (strypey@quitter.se)'s status on Thursday, 09-Nov-2017 02:51:17 UTC
Danyl Strype
"Spontaneous compliance is how law really works" - Eben Moglen
http://qttr.at/1zsh -
Danyl Strype (strypey@quitter.se)'s status on Thursday, 09-Nov-2017 02:57:18 UTC
Danyl Strype
"... the amount of policing necessary to produce perfect compliance is an amount of policing we can neither afford nor tolerate ..." -
Danyl Strype (strypey@quitter.se)'s status on Thursday, 09-Nov-2017 21:26:25 UTC
Danyl Strype
@clacke @bob @slrock IANAL and Eben is. I found his argument very convincing. Is there a good talk presenting the counter-argument? -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 07:37:56 UTC
Danyl Strype
@clacke @bob @slrock IMHO the discussion of appropriate *legal* tactics is very much a legal discussion, so yes, Eben's credentials matter -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 07:49:44 UTC
Danyl Strype
@clacke @bob @slrock legal tactics also apply to whether suing is an effective way to get compliance, based on relevant legal precedents -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 07:50:31 UTC
Danyl Strype
@bob @clacke @slrock ... also Eben has been working on copyleft compliance as #FSF counsel for as long as Bradley, if not longer -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 07:53:50 UTC
Danyl Strype
@bob @clacke @slrock also I've seen #SFC talks by Bradley where he affirms that negotiation builds *overall* compliance better than courts -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 07:54:27 UTC
Danyl Strype
@bob @clacke @slrock but I'll definitely have a look at the talk you linked, and the LVN summary, and see if it shifts my view -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 08:39:17 UTC
Danyl Strype
@clacke @bob @slrock 1) in the absence of clear legislation, law works by establishing precedents. Failed court cases create bad precedents -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 08:40:13 UTC
Danyl Strype
@bob @clacke @slrock 2) even if suing succeeds in forcing compliance on the target, it makes copyleft scarier and risks reducing its use -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 08:41:04 UTC
Danyl Strype
@bob @clacke @slrock ... see the research funders statements in Eben's talk stipulating non-copyleft licenses -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 08:42:05 UTC
Danyl Strype
@bob @clacke @slrock 3) if fewer developers use coyleft licenses or copylefted software, this damages copyleft's ability to achieve anything -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 08:43:07 UTC
Danyl Strype
@bob @clacke @slrock for all these reasons, the "open source thinking" charge is a red herring. It misses the substance of Eben's position -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 08:58:03 UTC
Danyl Strype
@clacke @bob @slrock sure, but the same applies vice-versa -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 08:59:22 UTC
Danyl Strype
@bob @clacke @slrock the argument is that diplomacy is more likely to achieve both greater use of && greater compliance with copyright -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 09:01:09 UTC
Danyl Strype
@bob @clacke @slrock oops! I mean *copyleft* of course, although the same argument applies to all copyright enforcement ;-P -
Danyl Strype (strypey@quitter.se)'s status on Friday, 10-Nov-2017 09:03:48 UTC
Danyl Strype
@bob @clacke @slrock Eben's concern is the chilling effect of litigation on individual *developers* more than big companies ("open source") -
Danyl Strype (strypey@quitter.se)'s status on Saturday, 11-Nov-2017 00:13:18 UTC
Danyl Strype
@clacke no, Eben is saying that the law "is" community guidelines. If it relied on enforcement, rather than legitimacy, it wouldn't work. -
Danyl Strype (strypey@quitter.se)'s status on Saturday, 11-Nov-2017 00:16:13 UTC
Danyl Strype
@deejoe @clacke no, "really" is right. If most people were inclined to casually murder each other, laws against murder wouldn't work -
Danyl Strype (strypey@quitter.se)'s status on Saturday, 11-Nov-2017 02:08:09 UTC
Danyl Strype
@clacke @bob @slrock just watched the talk. My conclusion is that any given legal action needs to be considered on its own merits. -
Danyl Strype (strypey@quitter.se)'s status on Saturday, 11-Nov-2017 02:10:18 UTC
Danyl Strype
@bob @clacke @slrock I don't a rigid "always sue" or "never sue" position is helpful. As Bradley says, copyleft is a *strategy* -
Danyl Strype (strypey@quitter.se)'s status on Sunday, 12-Nov-2017 02:53:50 UTC
Danyl Strype
@clacke I think that's a strawman summation of a much more nuanced position, but perhaps we can agree to disagree about that? -
Danyl Strype (strypey@quitter.se)'s status on Sunday, 12-Nov-2017 04:51:48 UTC
Danyl Strype
@clacke now I'm starting to understand Bradley's comments about backroom politics in the video you linked ... -
Danyl Strype (strypey@quitter.se)'s status on Sunday, 12-Nov-2017 04:54:52 UTC
Danyl Strype
@clacke ... I agree with Bradley that transparency is as important in community politics as it is in software (free code etc), maybe more
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