Displaying posts by Bradley M. Kuhn
The VMware Hearing and the Long Road Ahead
byon February 29, 2016
On last Thursday, Christoph Hellwig and his legal counsel attended a hearing in Hellwig's VMware case that Conservancy currently funds. Harald Welte, world famous for his GPL enforcement work in the early 2000s, also attended as an observer and wrote an excellent summary. I'd like to highlight a few parts of his summary, in the context of Conservancy's past litigation experience regarding the GPL.
First of all, in great contrast to the cases here in the USA, the Court acknowledged fully the level of public interest and importance of the case. Judges who have presided over Conservancy's GPL enforcement cases USA federal court take all matters before them quite seriously. However, in our hearings, the federal judges preferred to ignore entirely the public policy implications regarding copyleft; they focused only on the copyright infringement and claims related to it. Usually, appeals courts in the USA are the first to broadly consider larger policy questions. There are definitely some advantages to the first Court showing interest in the public policy concerns.
However, beyond this initial point, I was struck that Harald's summary sounded so much like the many hearings I attended in the late 2000's and early 2010's regarding Conservancy's BusyBox cases. From his description, it sounds to me like judges around the world aren't all that different: they like to ask leading questions and speculate from the bench. It's their job to dig deep into an issue, separate away irrelevancies, and assure that the stark truth of the matter presents itself before the Court for consideration. In an adversarial process like this one, that means impartially asking both sides plenty of tough questions.
That process can be a rollercoaster for anyone who feels, as we do, that the Court will rule on the specific legal issues around which we have built our community. We should of course not fear the hard questions of judges; it's their job to ask us the hard questions, and it's our job to answer them as best we can. So often, here in the USA, we've listened to Supreme Court arguments (for which the audio is released publicly), and every pundit has speculated incorrectly about how the justices would rule based on their questions. Sometimes, a judge asks a clarification question regarding a matter they already understand to support a specific opinion and help their colleagues on the bench see the same issue. Other times, judges asks a questions for the usual reasons: because the judges themselves are truly confused and unsure. Sometimes, particularly in our past BusyBox cases, I've seen the judge ask the opposing counsel a question to expose some bit of bluster that counsel sought to pass off as settled law. You never know really why a judge asked a specific question until you see the ruling. At this point in the VMware case, nothing has been decided; this is just the next step forward in a long process. We enforced here in the USA for almost five years, we've been in litigation in Germany for about one year, and the earliest the Germany case can possibly resolve is this May.
Kierkegaard wrote that
it is perfectly true, as the philosophers say,
that life must be understood backwards. But they forget the other
proposition, that it must be lived forwards. Court cases are a prime
example of this phenomenon. We know it is gut-wrenching for our
Supporters to watch every twist and turn in the case. It has taken so
long for us to reach the point where the question of a combined work of
software under the GPL is before a Court; now that it is we all want this
part to finish quickly. We remain very grateful to all our Supporters
who stick with us, and the new ones who will join
funding makes it possible for Conservancy to pursue this and other
matters to ensure strong copyleft for our future, and handle every other
detail that our member projects need. The one certainty is that our best
chance of success is working hard for plenty of hours, and we appreciate
that all of you continue to donate so that the hard work can continue.
We also thank the Linux developers in Germany, like Harald, who are
supporting us locally and able to attend in person and report back.
Key Charities That Advance Software Freedom Are Worthy of Your Urgent Support
byon January 25, 2016
I've had the pleasure and the privilege, for the last 20 years, to be either a volunteer or employee of the two most important organizations for the advance of software freedom and users' rights to copy, share, modify and redistribute software. In 1996, I began volunteering for the Free Software Foundation (FSF) and worked as its Executive Director from 2001–2005. I continued as a volunteer for the FSF since then, and now serve as a volunteer on FSF's Board of Directors. I was also one of the first volunteers for Software Freedom Conservancy when we founded it in 2006, and I was the primary person doing the work of the organization as a volunteer from 2006–2010. I've enjoyed having a day job as a Conservancy employee since 2011.
These two organizations have been the center of my life's work. Between them, I typically spend 50–80 hours every single week doing a mix of paid and volunteer work. Both my hobby and my career are advancing software freedom.
I choose to give my time and work to these organizations because they provide the infrastructure that make my work possible. The Free Software community has shown that the work of many individuals, who care deeply about a cause but cooperate together toward a common goal, has an impact greater than any individuals can ever have working separately. The same is often true for cooperating organizations: charities, like Conservancy and the FSF, that work together with each other amplify their impact beyond the expected.
Both Conservancy and the FSF pursue specific and differing approaches and methods to the advancement of software freedom. The FSF is an advocacy organization that raises awareness about key issues that impact the future of users' freedoms and rights, and finds volunteers and pays staff to advocate about these issues. Conservancy is a fiscal sponsor, which means one of our key activities is operational work, meeting the logistical and organizational needs of volunteers so they can focus on the production of great Free Software and Free Documentation. Meanwhile, both Conservancy and FSF dedicated themselves to sponsoring software projects: the FSF through the GNU project, and Conservancy through its member projects. And, most importantly, both charities stand up for the rights of users by enforcing and defending copyleft licenses such as the GNU GPL.
Conservancy and the FSF show in concrete terms that two charities can work together to increase their impact. Last year, our organizations collaborated on many projects, such as the proposed FCC rule changes for wireless devices, jointly handled a GPL enforcement action against Canonical, Ltd., published the principles of community-oriented GPL enforcement, and continued our collaboration on copyleft.org. We're already discussing lots of ways that the two organizations can work together in 2016!
I'm proud to give so much of my time and energy to both these excellent organizations. But, I also give my money as well: I was the first person in history to become an Associate Member of the FSF (back in November 2002), and have gladly paid my monthly dues since then. Today, I also signed up as an annual Supporter of Conservancy, because I'm want to ensure that Conservancy's meets its current pledge match — the next 215 Supporters who sign up before January 31st will double their donation via the match.
For just US$20 each month, you make sure the excellent work of both these organizations can continue. This is quite a deal: if you are employed, University-educated professional living in the industrialized world, US$20 is probably the same amount you'd easily spend on a meals at restaurants or other luxuries. Isn't it even a better luxury to know that these two organizations can have employ a years' worth of effort of standing up for your software freedom in 2016? You can make the real difference by making your charitable contribution to these two organizations today:
Please don't wait: both fundraising deadlines are just six days away!
A Requiem for Ian Murdock
byon December 30, 2015
I first met Ian Murdock gathered around a table at some bar, somewhere, after some conference in the late 1990s. Progeny Linux Systems' founding was soon to be announced, and Ian had invited a group from the Debian BoF along to hear about “something interesting”; the post-BoF meetup was actually a briefing on his plans for Progeny.
Many of the details (such as which conference and where on the planet it was), I've forgotten, but I've never forgotten Ian gathering us around, bending my ear to hear in the loud bar, and getting one of my first insider scoops on something big that was about to happen in Free Software. Ian was truly famous in my world; I felt like I'd won the jackpot of meeting a rock star.
More recently, I gave a keynote at DebConf this year and talked about how long I've used Debian and how much it has meant to me. I've since then talked with many people about how the Debian community is rapidly becoming a unicorn among Free Software projects — one of the last true community-driven, non-commercial projects.
A culture like that needs a huge group to rise to fruition, and there are no specific actions that can ensure creation of a multi-generational project like Debian. But, there are lots of ways to make the wrong decisions early. As near as I can tell, Ian artfully avoided the project-ending mistakes; he made the early decisions right.
Ian cared about Free Software and wanted to make something useful for the community. He teamed up with (for a time in Debian's earliest history) the FSF to help Debian in its non-profit connections and roots. And, when the time came, he did what all great leaders do: he stepped aside and let a democratic structure form. He paved the way for the creation of Debian's strong Constitutional and democratic governance. Debian has had many great leaders in its long history, but Ian was (effectively) the first DPL, and he chose not to be a BDFL.
The Free Software community remains relatively young. Thus, loss of our community members jar us in the manner that uniquely unsettles the young. In other words, anyone we lose now, as we've lost Ian this week, has died too young. It's a cliché to say, but I say anyway that we should remind ourselves to engage with those around us every day, and to welcome new people gladly. When Ian invited me around that table, I was truly nobody: he'd never met me before — indeed no one in the Free Software community knew who I was then. Yet, the mere fact that I stayed late at a conference to attend the Debian BoF was enough for him — enough for him to even invite me to hear the secret plans of his new company. Ian's trust — his welcoming nature — remains for me unforgettable. I hope to watch that nature flourish in our community for the remainder of all our lives.
A Special Appeal for Support by Bradley M. Kuhn
byon December 29, 2015
In this video, Bradley M. Kuhn, Conservancy's Distinguished Technologist and President, asks you to support Conservancy. Bradley explains a few details of what Conservancy does for its member projects and the Free Software community and the benefits of becoming a Supporter.
Note that if you are in the USA, you should renew or join in the next few days to be eligible for a tax deduction on your 2015 taxes (to the extent permitted). Also, Conservancy currently has a match provided by Private Internet Access, which will double your supporter donation if you make it soon!
This video is also available on Youtube.