I have since seen more discussion of the above from the NPO where it is discussed.
Let me bring another thing to the table. The Linux Kernel, GIMP, GNOME and others. NONE of these require copyright assignment, which is what this little fracas is really about.
Do they need copyright assignment? Nope. Linux itself, for example, has trademarks - Linus Torvalds himself holds the trademark to Linux[1] and that is enforced by the Linux Foundation or whatever it's called. SMF's trademarks would be equally enforceable through the NPO. This is not under dispute.
What benefit does copyright assignment give to SMF? It gives them the legal right and ability to change the licence in future should they need to.
Here's where it gets messy. We've all seen the fuck-ups that occurred in the past and we want to avoid those. Having an NPO doesn't magically fix that, there are bad NPOs just as there are good LLCs.
When copyright is reassigned to SMF, we implicitly lose control over what SMF does with that code, and there's the rub. If SMF decided tomorrow that it wanted to move to a proprietary licence, all the code that was granted under a CLA means SMF can do that without even asking because we assigned them copyright to do so.
A DCO on the other hand doesn't assign SMF that right. It merely asserts that SMF is free to use the code as it sees fit - provided the licence is adhered to.
This is the rub that us developers have an issue with: there is absolutely no need for SMF itself to take copyright over our work. As I said, it doesn't appear to have stopped Linux in its tracks anywhere I can see. A DCO doesn't allow them to do so, but it means our work can be used in conjunction with the terms of the BSD licence.
See, we all saw what happened with Amacythe. What's to stop the NPO going the same way? And please don't insult my intelligence by claiming that it can't happen, because it absolutely can. It just hasn't thus far. And we don't want to give up our rights in case it does again.
Note that I'm well aware that even a CLA allows us to reuse our own work, but that's not the point. Us having a CLA doesn't stop SMF going closed source if it wanted. Us having signed a DCO DOES.
Now, the next argument is that without copyright assignment, how can the licence be enforced? It has been, successfully, several times amongst several projects that all do this. Including the Linux kernel.
So, I would like someone to explain to me what benefit it would bring SMF to absorb our copyrights under one umbrella one. Until that happens, this is just going to go around in circles.
Let me bring another thing to the table. The Linux Kernel, GIMP, GNOME and others. NONE of these require copyright assignment, which is what this little fracas is really about.
Do they need copyright assignment? Nope. Linux itself, for example, has trademarks - Linus Torvalds himself holds the trademark to Linux[1] and that is enforced by the Linux Foundation or whatever it's called. SMF's trademarks would be equally enforceable through the NPO. This is not under dispute.
What benefit does copyright assignment give to SMF? It gives them the legal right and ability to change the licence in future should they need to.
Here's where it gets messy. We've all seen the fuck-ups that occurred in the past and we want to avoid those. Having an NPO doesn't magically fix that, there are bad NPOs just as there are good LLCs.
When copyright is reassigned to SMF, we implicitly lose control over what SMF does with that code, and there's the rub. If SMF decided tomorrow that it wanted to move to a proprietary licence, all the code that was granted under a CLA means SMF can do that without even asking because we assigned them copyright to do so.
A DCO on the other hand doesn't assign SMF that right. It merely asserts that SMF is free to use the code as it sees fit - provided the licence is adhered to.
This is the rub that us developers have an issue with: there is absolutely no need for SMF itself to take copyright over our work. As I said, it doesn't appear to have stopped Linux in its tracks anywhere I can see. A DCO doesn't allow them to do so, but it means our work can be used in conjunction with the terms of the BSD licence.
See, we all saw what happened with Amacythe. What's to stop the NPO going the same way? And please don't insult my intelligence by claiming that it can't happen, because it absolutely can. It just hasn't thus far. And we don't want to give up our rights in case it does again.
Note that I'm well aware that even a CLA allows us to reuse our own work, but that's not the point. Us having a CLA doesn't stop SMF going closed source if it wanted. Us having signed a DCO DOES.
Now, the next argument is that without copyright assignment, how can the licence be enforced? It has been, successfully, several times amongst several projects that all do this. Including the Linux kernel.
So, I would like someone to explain to me what benefit it would bring SMF to absorb our copyrights under one umbrella one. Until that happens, this is just going to go around in circles.
1. | Though, not until after a legal battle. |