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:
> >
> > 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.
>
> 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?!
I'm afraid this already happen around the world. And I never saw anyone
blaming news or social networks for that. The cause of this consequence is
on the speech itself, not on the channels....


>
> >
> > 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
> >
> >
> >
>
>
> --
> Jon Smirl
> jonsmirl@gmail.com
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