Tag Archives: foss

Proprietary (definition) – 02

I’ve had some good conversations about this attempt to define proprietary software. In many of these conversations, people focused on explicitly what I’m trying to not do (i.e. define “proprietary” by saying it’s not FOSS). Some people helped me clarify that I’m looking to do really, which is have a pithy way to explain proprietary to people who are never going to look at source code or pay someone to write new code for them. How do you explain to people who don’t care about technical matters nor have the language to discuss them? How do you talk about licenses to people who may not have the language for it? (In a past life I explained Creative Commons licenses to academics and educators.)

Talking about licensing seemed very important to people, as licenses are what define freedoms, restrictions, and restrictions that protect freedoms. With these points in mind, I present the following:

Proprietary software is software that comes with restrictions that retain control of how software can be used, shared, and changed through the use of copyright and licensing.

I worry that this is “too technical” and then I worry that I’m worrying too much about that. In this I added a truncated version of a common explanation of the Four Freedoms (typically use, study, modify, share). This is in part because I believe “study” is included in “modify.”

I included “copyright and licensing” in hopes that a reader would understand at least one of them. I also wanted to take into account that communities may have other policies (e.g. community guidelines) that might in some way restrict how software is used, shared, and changed. I don’t like “retain control” as a phrase, but it was suggested to me (thanks! If you want credit, just ping me). I think it’s pretty clear about the intention and consequence of proprietary licensing.

A potential criticism I see is that it’s not clear enough that you must be able to do all three (use, share, and change) in order for software to be FOSS and that restrictions on any of them renders software proprietary.

Proprietary (definition)

I recently had the occasion to try and find a definition of “proprietary” in terms of software that is not on Wikipedia. Most of the discussion on the issue I found was focused on what free and open source software is, and that anything that isn’t FOSS is proprietary. I don’t think the debate is as simple as this, especially if you want to get into conversations about nuance around things like Open Core.

The problem with defining proprietary software by what it isn’t, or at least that it isn’t FOSS, means that we cannot concisely communicate what makes something proprietary. Instead, we leave it up to the people we’re trying to communicate with to dig through a history of rhetoric, copyright law, and licensing in order to understand what it actually means for something to be FOSS, and what it means for something to be anything else. It is also just less satisfying, in my opinion, to define something by what it lacks rather than by what it is.

I’ll start by proposing the following definition:

Proprietary software is software that comes with restrictions on what users can do with the software and the source code that constitutes said software.

I think the most controversial part of this sentence is the wording “software that comes with restrictions.” In earlier attempts of this I wrote “software that restricts.” This sort of active wording, which I used for years in my capacity at work, is misleading. In the case of proprietary software, it is the licensing and laws around it that restrict what you can do. For software to restrict you, it must be that the way the software is being implemented or used restricts you.

To be clear, this is my first proposal. I look forward to discussing this further!

1028 Words on Free Software

The promise of free software is a near-future utopia, built on democratized technology. This future is just and it is beautiful, full of opportunity and fulfillment for everyone everywhere. We can create the things we dream about when we let our minds wander into the places they want to. We can be with the people we want and need to be, when we want and need to.

This is currently possible with the technology we have today, but it’s availability is limited by the reality of the world we live in – the injustice, the inequity, the inequality. Technology runs the world, but it does not serve the interests of most of us. In order to create a better world, our technology must be transparent, accountable, trustworthy. It must be just. It must be free.

The job of the free software movement is to demonstrate that this world is possible by living its values now: justice, equity, equality. We build them into our technology, and we build technology that make it possible for these values to exist in the world.

At the Free Software Foundation, we liked to say that we used all free software because it was important to show that we could. You can do anything with free software, so we did everything with it. We demonstrated the importance of unions for tech workers and non-profit workers by having one. We organized collectively and protected our rights for the sake of ourselves and one another. We had non-negotiable salaries, based on responsibility level and position. That didn’t mean we worked in an office free from the systemic problems that plague workplaces everywhere, but we were able to think about them differently.

Things were this way because of Richard Stallman – but I view his influence on these things as negative rather than positive. He was a cause that forced these outcomes, rather than being supportive of the desires and needs of others. Rather than indulge in gossip or stories, I would like to jump to the idea that he was supposed to have been deplatformed in October 2019. In resigning from his position as president of the FSF, he certainly lost some of his ability to reach audiences. However, Richard still gives talks. The FSF continues to use his image and rhetoric in their own messaging and materials. They gave him time to speak at their annual conference in 2020. He maintains leadership in the GNU project and otherwise within the FSF sphere. The people who empowered him for so many years are still in charge.

Richard, and the continued respect and space he is given, is not the only problem. It represents a bigger problem. Sexism and racism (among others) run rampant in the community. This happens because of bad actors and, more significantly, by the complacency of organizations, projects, and individuals afraid of losing contributors, respect, or funding. In a sector that has so much money and so many resources, women are still being paid less than men; we deny people opportunities to learn and grow in the name of immediate results; people who aren’t men, who aren’t white, are abused and harassed; people are mentally and emotionally taken advantage of, and we are coerced into burn out and giving up our lives for these companies and projects and we are paid for tolerating all of this by being told we’re doing a good job or making a difference.

But we’re not making a difference. We’re perpetuating the worst of the status quo that we should be fighting against. We must not continue. We cannot. We need to live our ideals as they are, and take the natural next steps in their evolution. We cannot have a world of just technology when we live in a world of exclusion; we cannot have free software if we continue to allow, tolerate, and laud the worst of us. I’ve been in and around free software for seventeen years. Nearly every part of it I’ve participated in has members and leadership that benefit from allowing and encouraging the continuation of maleficence and systemic oppression.

We must purge ourselves of these things – of sexism, racism, injustice, and the people who continue and enable it. There is no space to argue over whether a comment was transphobic – if it hurt a trans person then it is transphobic and it is unacceptable. Racism is a global problem and we must be anti-racist or we are complicit. Sexism is present and all men benefit from it, even if they don’t want to. These are free software issues. These are things that plague software, and these are things software reinforces within our societies.

If a technology is exclusionary, it does not work. If a community is exclusionary, it must be fixed or thrown away. There is no middle ground here. There is no compromise. Without doing this, without taking the hard, painful steps to actually live the promise of user freedom and everything it requires and entails, our work is pointless and free software will fail.

I don’t think it’s too late for there to be a radical change – the radical change – that allows us to create the utopia we want to see in the world. We must do that by acknowledging that just technology leads to a just society, and that a just society allows us to make just technology. We must do that by living within the principles that guide this future now.

I don’t know what will happen if things don’t change soon. I recently saw someone comment that change doesn’t happens unless one person is willing to sacrifice everything to make that change, to lead and inspire others to play small parts. This is unreasonable to ask of or expect from someone. I’ve been burning myself out to meet other people’s expectations for seventeen years, and I can’t keep doing it. Of course I am not alone, and I am not the only one working on and occupied by these problems. More people must step up, not just for my sake, but for the sake of all of us, the work free software needs to do, and the future I dream about.

Free Software Activities – September 2020

I haven’t done one of these in a while, so let’s see how it goes.

Debian

The Community Team has been busy. We’re planning a sprint to work on a bigger writing project and have some tough discussions that need to happen.
I personally have only worked on one incident, but we’ve had a few others come in.
I’m attempting to step down from the Outreach team, which is more work than I thought it would be. I had a very complicated relationship with the Outreach team. When no one else was there to take on making sure we did GSoC and Outreachy, I stepped up. It wasn’t really what I wanted to be doing, but it’s important. I’m glad to have more time to focus on other things that feel more aligned with what I’m trying to work on right now.

GNOME

In addition to, you know, work, I joined the Code of Conduct Committee. Always a good time! Rosanna and I presented at GNOME Onboard Africa Virtual about the GNOME CoC. It was super fun!

Digital Autonomy

Karen and I did an interview on FLOSS Weekly with Doc Searls and Dan Lynch. Super fun! I’ve been doing some more writing, which I still hope to publish soon, and a lot of organization on it. I’m also in the process of investigating some funding, as there are a few things we’d like to do that come with price tags. Separately, I started working on a video to explain the Principles. I’m excited!

Misc

I started a call that meets every other week where we talk about Code of Conduct stuff. Good peeps. Into it.

busy busy

I’ve been working with Karen Sandler over the past few months on the first draft of the Declaration of Digital Autonomy. Feedback welcome, please be constructive. It’s a pretty big deal for me, and feels like the culmination of a lifetime of experiences and the start of something new.

We talked about it at GUADEC and HOPE. We don’t have any other talks scheduled yet, but are available for events, meetups, dinner parties, and b’nai mitzvahs.

Fire

The world is on fire.

I know many of you are either my parents friends or here for the free software thoughts, but rather than listen to me, I want you to listed to Black voices in these fields.

If you’re not Black, it’s your job to educate yourself on issues that affect Black people all over the world and the way systems are designed to benefit White Supremacy. It is our job to acknowledge that racism is a problem — whether it appears as White Supremacy, Colonialism, or something as seemingly banal as pay gaps.

We must make space for Black voices. We must make space for Black Women. We must make space for Black trans lives. We must do this in technology. We must build equity. We must listen.

I know I have a platform. It’s one I value highly because I’ve worked so hard for the past twelve years to build it against sexist attitudes in my field (and the world). However, it is time for me to use that platform for the voices of others.

Please pay attention to Black voices in tech and FOSS. Do not just expect them to explain diversity and inclusion, but go to them for their expertise. Pay them respectful salaries. Mentor Black youth and Black people who want to be involved. Volunteer or donate to groups like Black Girls Code, The Last Mile, and Resilient Coders.

If you’re looking for mentorship, especially around things like writing, speaking, community organizing, or getting your career going in open source, don’t hesitate to reach out to me. Mentorship can be a lasting relationship, or a brief exchange around a specific issue of event. If I can’t help you, I’ll try to connect you to someone who can.

We cannot build the techno-utopia unless everyone is involved.

Racism is a Free Software Issue

Racism is a free software issue. I gave a talk that touched on this at CopyLeft Conf 2019. I also talked a little bit about it at All Things Open 2019 and FOSDEM 2020 in my talk The Ethics Behind Your IoT. I know statistics, theory, and free software. I don’t know about race and racism nearly as well. I might make mistakes – I have made some and I will make more. Please, when I do, help me do better.

I want to look at a few particular technologies and think about how they reinforce systemic racism. Worded another way: how is technology racist? How does technology hurt Black Indigenous People of Color (BIPOC)? How does technology keep us racist? How does technology make it easier to be racist?

Breathalyzers

In the United States, Latinx folks are less likely to drink than white people and, overall, less likely to be arrested for DUIs3,4. However, they are more likely to be stopped by police while driving5,6.

Who is being stopped by police is up to the police and they pull over a disproportionate number of Latinx drivers. After someone is pulled over for suspected drunk driving, they are given a breathalyzer test. Breathalyzers are so easy to (un)intentionally mis-calibrate that they have been banned as valid evidence in multiple states. The biases of the police are not canceled out by the technology that should, in theory, let us know whether someone is actually drunk.

Facial Recognition

I could talk about for quite some time and, in fact, have. So have others. Google’s image recognition software recognized black people as gorillas – and to fix the issue it removed gorillas from it’s image-labeling technology.

Facial recognition software does a bad job at recognizing black people. In fact, it’s also terrible at identifying indigenous people and other people of color. (Incidentally, it’s also not great at recognizing women, but let’s not talk about that right now.)

As we use facial recognition technology for more things, from automated store checkouts (even more relevant in the socially distanced age of Covid-19), airport ticketing, phone unlocking, police identification, and a number of other things, it becomes a bigger problem that this software cannot tell the difference between two Asian people.

Targeted Advertising

Black kids see 70% more online ads for food than white kids, and twice as many ads for junk food. In general BIPOC youth are more likely to see junk food advertisements online. This is intentional, and happens after they are identified as BIPOC youth.

Technology Reinforces Racism; Racism Builds Technology

The technology we have developed reinforces racism on a society wide scale because it makes it harder for BIPOC people to interact with this world that is run by computers and software. It’s harder to not be racist when the technology around us is being used to perpetuate racist paradigms. For example, if a store implements facial recognition software for checkout, black women are less likely to be identified. They are then more likely to be targeted as trying to steal from the store. We are more likely to take this to mean that black women are more likely to steal. This is how technology builds racism,

People are being excluded largely because they are not building these technologies, because they are not welcome in our spaces. There simply are not enough Black and Hispanic technologists and that is a problem. We need to care about this because when software doesn’t work for everyone, it doesn’t work. We cannot build on the promise of free and open source software when we are excluding the majority of people.

Endorsing Megan Byrd-Sanicki and Justin Colannino for the OSI Board

I am endorsing Megan Byrd-Sanicki and Justin Colannino for the Board of Directors of the Open Source Initiative. As an individual member of the OSI, I intend to vote for Megan. I intend to advise Affiliate Members to vote for Justin Colannino.

I’ve been on the Open Source Initiative board of directors for four years and have seen a lot going on in the organization during that time, as a board member, as an officer of the board, and as an activist focused on ethics in technology.

I pick these two candidates out of sincere enthusiasm for both of them, but I also pick them out of concern for the future of the OSI and open source.

These candidates as people

I will start off by disclosing that I actually just really like Megan and Justin. I think they’re both great humans who do wonderful things and are genuinely nice. They have traits I admire – they are generous, work hard for what they believe in, and keep their egos in check.

Megan and Justin are presenting themselves as people in their running from the OSI board. They work for two of the major tech companies (Google and Microsoft, respectively), however they don’t present themselves in context of their employers. They instead focus on their work for the open source community as members of the open source community.

They have lots of experience with non-profit organizations – having worked for important non-profits in the open source ecosystem, and continuing to volunteer within the community outside of their paid work.

These candidates as potential board members

Megan has an incredibly impressive non-profit background and an amazing ability to get things done. She knows how organizations work, what they need to work, and how to make that happen. The OSI needs to expand its organizational capacity through hiring and recruiting non-board volunteers. Megan understands this and knows how to make it happen. In spite of its age, the OSI lacks a lot of the infrastructure necessary for a growing non-profit, and I believe she’ll help rectify that.

For the past several months Megan has served as an advisory resource to the OSI – connecting us with consultants and experts to help with these organizational issues. She has demonstrated a desire to see the OSI succeed by actually helping it take the steps forward it needs to.

When we were making the decision to appoint board members, Megan was nominated by multiple people. I reached out to the nominees I could find contact information for. I had a great conversation with her, during which time she expressed a concrete vision for how she could participate and what she would bring. She had actual plans and detailed knowledge on how to execute them. I was impressed then and I was ecstatic to see that her interest in the OSI continued such that she stepped up to run for the board.

I’ve known and worked with Justin in several different FOSS contexts. He’s worked with friends of mine in a wide range of legal contexts – covering just about everything lawyers do in open source. I respect his expertise and opinions not just because he has shown himself to be knowledgeable and trustworthy, but because others I respect hold him in equally high regard.

Justin is familiar with the needs of non-profits from all of his work with them over the years – as an employee, as counsel, and as a volunteer. He understands what non-profits need to succeed from his years of experience. He is dedicated to the success of FOSS organizations and projects in ways I have seen few others demonstrate. I would especially like to highlights Justin’s work in helping to set up the legal foundations that enable Outreachy to be so successful and help so many people.

Justin is, of course, an expert in licensing and would be a boon for the organization. He goes a step further than just knowing about licensing and the Open Source Definition through theoretical and practical experience. Justin really believes in the ethics behind the OSD.

My major concerns

When defining myself in the context of open source, I am above all else a true believer and user freedom activist. This is what drives all the work I’ve done and do in my professional and volunteer life, from starting my involvement as a organizer at Penguicon in 2007; my volunteering with Debian, the OSI, the Software Freedom Conservancy, and Software Heritage; my work at the Berkman (Klein) Center for Internet and Society at Harvard Law School, One Laptop Per Child, MIT, the Free Software Foundation, and the GNOME Foundation; and my many additional projects relating to FOSS communities, some of which you can find published in the Journal of Peer Production.

My fear for the future of open source is that it becomes overly controlled by corporate interests. I think it is currently on this path and will only become worse if things continue the way they’re going. The OSI carries responsibility for this, as well as other individuals and organizations. It is imperative moving forward the the OSI is led by people who focus on the rights recognized and protected by the process of open source licensing. The board members need to understand the way open source fits into the narrative of our undeniable human rights.

Megan and Justin both work for some of the largest, most monolithic, and, at times, most egregious tech companies out there. However, these companies have also done a lot of good under their guidance. Most importantly, however, is that Megan is not running as an employee of Google and Justin is not running as an employee of Microsoft. They are running as people who care about the future of open source.

Free software activities (November 2019)

November brings two things very demanding of my time: Thanksgiving and the start of fundraising season.

Free software activities (personal)

  • The Open Source Initiative had it’s twice-a-year face to face board meeting! Good times all around.
  • Debian is having a GR. I’ve been following the development of proposals and conversation, which is basically a part time job in and of itself.
  • Participated in Debian Community Team meetings.
  • I started drafting Bits from the Debian Community Team.
  • Wrote some blog posts! I liked them this month.
  • Wearing multiple hats I attended SustainNYC, talking about sustainability in free and open source software.
  • I submitted to some CFPs — SCaLE, FOSSASIA, and OSCON.
  • I am serving on the papers committee for CopyLeftConf, and for this I reviewed proposals.

Free software activities (professional)

  • We launched a fundraiser! (About a patent infringement case)
  • Funding a legal case is an expensive proposition, so I am also meeting with companies and potential large donors interested in helping out with the case.
  • We launched another fundraiser! (About general Foundation activities)
  • I participated in the hiring process to fill two roles at the GNOME Foundation.

Health care

One of the most important issues for free software within the US is one we rarely talk about: healthcare. That is why I am going to write about it.

These days, sustainability in FOSS is a hot topic. In my experience, for many years this conversation focused nearly exclusively on making FOSS -profitable- for companies, in order to create jobs. Now, the conversation is shifting to ask: what conditions do we need to create so that everyone who wants to work in FOSS can do so?

The answer is not the same for everyone, nor is it the same in every country. Someone supporting a family of two, three, four, or however many has greater income needs than I do, as my biggest financial responsibilities are debt and a cat. However, I also have a condition with a mortality rate estimated at 15%. Access to affordable, comprehensive health care is not just a nice perk, but crucial for my continued survival.

Access to health insurance has been the primary factor in all of my professional decisions: staying places where I was miserable, doing work I hated, even choosing where to apply. Access to health insurance was a major factor in my moving to Massachusetts, which offers health insurance to all residents.

While my free software career has been amazing — I am extremely lucky that I was able to cultivate a skill set and social network that enabled me to work in the greater sphere of FOSS (and previously open ed) — I would have made different decisions had I not been reliant on employers to provide me with health insurance.

In the United States (and many, many other places), access to affordable, comprehensive healthcare (from here on: healthcare) is a major factor holding people back from FOSS contribution. When your access to health care is tied to your employer, your time — and literally your life — is dependent on your employer. This seriously impacts your ability to even have free time, let alone using that time to build FOSS.

Since the creation of software largely relies on people’s professional skill sets, we’re asking people to do in their free time what they do in their paid time — design, develop software, plan architecture, organize events, maintain systems and infrastructure, be a lawyer, manage finances, and everything else that strengthens FOSS and FOSS communities. In asking someone to take on a leadership role in a FOSS project or community, you’re asking them to take on another job — one that comes with neither pay nor benefits.

When people face constant threats to their existence due to fearing for their lives (i.e. their health), it can be hard, if not impossible to spend their time contributing to FOSS, or indeed to any activist project.

People who live in societies that rise to meet the basic material needs of all citizens are able to spend time contributing to the greater good. Those of us struggling to survive, however, must forgo opportunities to become participating members of communities that are trying to change the world. Instead, we look to our employers (usually with commercial interests) to meet our needs.

When you work in tech, meeting our basic material needs through employer-sponsored insurance comes at a steep price: non-compete agreements, signing away patent and intellectual property rights, fights to ensure your work is available under a free and/or open source license, and giving up more than 8 hours a day/40 hours a week. When we try to create good FOSS in addition to that, we burn out, we become miserable, and we’re trapped.

People are incapable of creating FOSS when they’re sick, burnt out, worried about their health, struggling with an ongoing condition or disability, or dead. It’s that simple. [powerful]

People fighting for access to healthcare should care about free software for many reasons, but we as a free software community also need to care about access to health care. This is for the sake of ourselves and the sake of our communities. We cannot build the tools and resources the world needs when we are struggling simply to live.

If you accept the notion that lack of access to comprehensive healthcare impacts our ability to have the resources necessary to create something like free software, then we can acknowledge that, by providing health care to everyone, everyone will then be in a better, more equitable position from which they can contribute to FOSS and lead safer, happier lives.

According to the KHN, 8.5% of U.S. Americans didn’t have health insurance in 2018. Un-insurance rates are even higher among non-white populations according to HHS. As a community, we’ve accepted that the lack of diversity and the over-representation of cis white folks is a problem. We need to create more equitable conditions — so that people come to FOSS from similar places of privilege, rather than having a huge disparity in privilege and oppression. Providing health care to everyone will help alleviate this, and will enable more people to do the things they are passionate about — or things they will become passionate about once they have the chance to do so.

If we are to create a world where FOSS is successful, access to health care is paramount and we need to take it seriously.