Re: [Ksummit-discuss] New CoC and Brendan Eich

[Laurent Pinchart <laurent.pinchart@ideasonboard.com>]

Hi Jon,

On Thursday, 4 October 2018 19:23:33 EEST jonsmirl@gmail.com wrote:
> I would highly recommend getting the new CoC reviewed and approved by
> some of the very smart lawyers that help out the Linux community.  I
> would also recommend discussing the Brendan Eich situation at Ksummit.
> A situation like this needs to be planned for since an improper
> response will make things much worse leading to legal challenges.
> 
> Some random articles to refresh everyone's memory...
> https://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/
> digital-media/10743456/Mozilla-chief-Brendan-Eich-steps-down-over-gay-marria
> ge-row.html
> https://www.theguardian.com/commentisfree/2014/apr/07/brendan-eich-has-the-> right-to-fight-gay-rights-but-not-to-be-mozillas-ceo
> https://www.bbc.com/news/technology-26868536
> https://www.telegraph.co.uk/technology/technology-topics/10745283/Brendan-Ei
> ch-is-a-homophobe-Im-a-lesbian-and-neither-of-us-deserves-to-lose-our-jobs.h
> tml

We're facing a textbook case that has a probability of generating heated 
discussions no lower than 100%. I remember having a pretty strong opinion on 
the topic when it came under public scrutiny (and while I generally don't mind 
discussing it, I won't disclose that opinion here as that's entirely 
irrelevant). The more interesting part was that waiting for the debate to cool 
down gave me time to think, and realize that what is often perceived as a 
black-and-white situation most often turns out to be more complex than 
initially perceived.

One point that I would like to explore is thus how we can take the time needed 
to solve such matters when the mob is waiting outside of the courtroom with 
tar and feathers. I don't want to discuss here what our response to such a 
case should be, but the process that we should follow to come up with a 
response. It is of paramount importance in my opinion for the body tasked with 
handling those issues to follow a process that ensures it will be able to keep 
a cool head and have enough time available to think the response carefully.

Another point that I believe is important is the issue of representation. The 
code of conduct mentions both "project" and "community". While neither are 
defined, the term project is quite straightforward, but the term community not 
really so. The code of conduct gives a mandate to the TAB to handle 
enforcement in the name of the project (I don't want to focus here on whether 
the TAB is the right instance to handle those issues, this will likely be 
discusses separately and possibly be changed, I will just use TAB here to 
refer to the code of conduct enforcement body for simplicity), and I would 
argue that the mandate extends to representing the community as a whole. When 
the TAB will have to decide on a case that will generate a wide diversity of 
opinions, what kind of process can we put in place to ensure that all 
community members will feel represented (and thus heard) ? To put it 
differently, how can we make sure that the community members who don't fully 
agree with the final decision will agree to disagree and still feel part of 
the community ?

-- 
Regards,

Laurent Pinchart