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

[Geert Uytterhoeven <geert@linux-m68k.org>]

Hi Rodrigo,

On Thu, Oct 4, 2018 at 9:22 PM Rodrigo Vivi <rodrigo.vivi@gmail.com> wrote:
> On Thu, Oct 4, 2018 at 12:06 PM jonsmirl@gmail.com <jonsmirl@gmail.com> wrote:
>> On Thu, Oct 4, 2018 at 2:32 PM Laurent Pinchart
>> <laurent.pinchart@ideasonboard.com> wrote:
>> > 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.
>>
>> What is going to happen when someone gets fired after being accused of
>> violating the CoC and they lose $20M in options? INAL but it appears
>> to me that the CoC has created lawsuit exposure for all of the
>> maintainers. This CoC really needs to be vetted by the kernel legal
>> team.
>
> you mean If someone gets fired for violating respect to the other human being in public?!

If you formulate it that way, it is an easy answer.
Unfortunately reality won't be that black-and-white.

Gr{oetje,eeting}s,

                        Geert

-- 
Geert Uytterhoeven -- There's lots of Linux beyond ia32 -- geert@linux-m68k.org

In personal conversations with technical people, I call myself a hacker. But
when I'm talking to journalists I just say "programmer" or something like that.
                                -- Linus Torvalds