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Date:   Thu, 25 Oct 2018 17:41:23 -0400
From:   "Eric S. Raymond" <esr@thyrsus.com>
To:     "Theodore Y. Ts'o" <tytso@mit.edu>,
        Greg Kroah-Hartman <gregkh@linuxfoundation.org>,
        visionsofalice@redchan.it,
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        Laura Abbott <labbott@redhat.com>,
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        ksummit-discuss@lists.linuxfoundation.org,
        Thomas Gleixner <tglx@linutronix.de>,
        Olof Johansson <olof@lixom.net>, Chris Mason <clm@fb.com>,
        Mishi Choudhary <mishi@linux.com>,
        linux-kernel-owner@vger.kernel.org
Subject: Re: The linux devs can rescind their license grant.
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Theodore Y. Ts'o <tytso@mit.edu>:
> On Thu, Oct 25, 2018 at 03:39:01PM -0400, Eric S. Raymond wrote:
> > Under Jacobsen vs. Katzer (535 f 3d 1373 fed cir 2008) authors of
> > GPLed software have a specific right to relief (including injunctive
> > relief) against misappropriation of their software. That ruling (which
> > was the case of first impression on the binding status of the GPL)
> > reputational damage is *specifically* recognized as grounds for relief.
> 
> I've read the legal briefs, and I'm pretty sure they don't say what
> you are claiming they say.  Yes, I'm not a lawyer --- but that's OK
> --- neither are you.

How much are you willing to gamble on not being wrong?

> The *vast* majority of the "anti-CoC dissidents" who have been
> advancing this argument, have, as near as I can tell, little or no
> copyright ownership in the kernel.

I do not have any facts with which to dispute this specific claim.
However, I do notice that a significant number of long-time
contributors have put themselves in the anti-CoC camp. I note Al Viro
as a recent example.

Even supposing you are right about most of the anti-Coc people being
outsiders, a tiny minority of people with a genuine IP stake could do a
lot of damage.  I ask again: how much are you willing to gamble on not
being wrong?

I definitely do not want to see the kind of explosion we could witness.
I think you are making it more likely rather than less by appearing
high-handed and dismissive.   Because, whatever the merits of the
CoC itself, there has been a process failure here.  It doesn't look
good to be defending that failure.

A change like the CoC adoption was not a good thing to do without
proper public notice, discussion, and consensus-building *beforehand*.
This was an unforced error on the part of the leadership group;
please, *please* don't compound it by digging in around the error.  Do
you really think you're going to win hearts and minds among insider
dissidents - people with a genuine stake - by dismissing the
opposition as a troll job?

Instead of declaiming about "trolls", how about we fix the process
failure instead?
-- 
		<a href="http://www.catb.org/~esr/">Eric S. Raymond</a>

My work is funded by the Internet Civil Engineering Institute: https://icei.org
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