Update (September 24): new response from Richard M. Stallman, and Eric S. Raymond (ESR) says the license revocation “threat has teeth.”
Linux powers the internet, the Android in your pocket, and perhaps even some of your household appliances. A controversy over politics is now seeing some of its developers threatening to withdraw the license to all of their code, potentially destroying or making the whole Linux kernel unusable for a very long time.
If the threat is put into action, ramifications could include large parts of the internet being left vulnerable to exploits, and companies around the world might even inherit bundles of unwanted legal liabilities.
As promised, LULZ.com reached out to a variety of experts and some results are in. Richard M. Stallman said over email that he thinks the licence revocation plan is “misguided.”
Eric S. Raymond (often referred to simply as ESR) on the other hand told the Linux Kernel Mailing List that he thinks the plan is viable: “I’m writing now, from all of that experience and with all that perspective, about the recent flap over the new CoC and the attempt to organize a mass withdrawal of creator permissions from the kernel.”
He continues: “First, let me confirm that this threat has teeth. I researched the relevant law when I was founding the Open Source Initiative. In the U.S. there is case law confirming that reputational losses relating to conversion of the rights of a contributor to a GPLed project are judicable in law. I do not know the case law outside the U.S., but in countries observing the Berne Convention without the U.S.’s opt-out of the “moral rights” clause, that clause probably gives the objectors an even stronger case.”
CC’s Code of Conduct replaces Linux’ earlier Code of Conflict (not to be confused with current use of “CoC”), which asked for civility without having political implications. The change is widely condemned by developers, and opposition has generated thousands upon thousands of posts on 4chan’s technology board alone. Here is a summary of their arguments:
1. Insertion of the CoC into other projects has heralded witch hunts where good contributors are removed over trivial matters or even events that happened a long time ago–like Larry Garfield, a prominent Drupal contributor who was purged after it was discovered he had a sex fetish where women are submissive.
2. The lack of proper definitions for punishments, time frames, and even what constitutes abuse or harassment leaves the Code of Conduct wide open for abuse (see 1).
3. It gives the people charged with enforcement omnipotent and unaccountable power.
4. It could force acceptance of contributions that wouldn’t make the cut if made by cis white males.
5. CC’s Code of Conduct is purely about power.
6. “‘In all that time I never had to know or care whether my fellow contributors were white, black, male, female, straight, gay, or from the planet Mars, only whether their code was good’; namely, in a project that receives contributions from volunteers who are anonymous beyond a chosen handle, specious claims of exclusion and harassment crumble beneath the most haphazard scrutiny. Contributors reveal as much about their race, sex, and orientation as they want because no one cares about that tangential shit at the end of the day. If there really was some “straight white males only” mentality, the community would insist on determining whether a new contributor is “one of us” before accepting their code, but they don’t do that in the slightest. Thus, it’s patently clear there is no culture of exclusion, but rather a culture of total indifference to individual differences beyond coding ability. The rhetoric of diversity and inclusiveness is just a weapon being used to attack a community that is inherently opposed to identity politics, which is why they’re seen as such a threat to these SJW gestapo.”
On the other side of the aisle, arguments FOR CC’s Code of Conduct include:
1. Fostering an inclusive and safe space for women, LGBTQIA+, and People of Color, who in the absence of the CoC are excluded, harassed, and sometimes even raped by cis white males.
2. Lack of CC’s CoC sustains meritocracy, which “has consistently shown itself to mainly benefit those with privilege, to the exclusion of underrepresented people in technology“.
3. The vast majority of Linux contributors are cis white males. CC’s Code of Conduct would enable the building of a more diverse overall demographic as people who aren’t cis white males feel welcome to join and white male harassers are weeded out.
4. Being against the CoC means you want women, LGBTQIA+, and People of Color to be harassed.
Conclusion? Keep an eye on Linux.