From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: X-Spam-Checker-Version: SpamAssassin 3.4.0 (2014-02-07) on aws-us-west-2-korg-lkml-1.web.codeaurora.org X-Spam-Level: X-Spam-Status: No, score=-0.9 required=3.0 tests=DKIM_SIGNED,DKIM_VALID, DKIM_VALID_AU,HEADER_FROM_DIFFERENT_DOMAINS,MAILING_LIST_MULTI,SPF_PASS autolearn=ham autolearn_force=no version=3.4.0 Received: from mail.kernel.org (mail.kernel.org [198.145.29.99]) by smtp.lore.kernel.org (Postfix) with ESMTP id 66E66ECE563 for ; Mon, 17 Sep 2018 22:15:07 +0000 (UTC) Received: from vger.kernel.org (vger.kernel.org [209.132.180.67]) by mail.kernel.org (Postfix) with ESMTP id 200B520867 for ; Mon, 17 Sep 2018 22:15:07 +0000 (UTC) Authentication-Results: mail.kernel.org; dkim=pass (2048-bit key) header.d=redchan.it header.i=@redchan.it header.b="NTwPP7VH" DMARC-Filter: OpenDMARC Filter v1.3.2 mail.kernel.org 200B520867 Authentication-Results: mail.kernel.org; dmarc=none (p=none dis=none) header.from=redchan.it Authentication-Results: mail.kernel.org; spf=none smtp.mailfrom=linux-kernel-owner@vger.kernel.org Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1728590AbeIRDoV (ORCPT ); Mon, 17 Sep 2018 23:44:21 -0400 Received: from cock.li ([185.100.85.212]:52562 "EHLO cock.li" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1728415AbeIRDoV (ORCPT ); Mon, 17 Sep 2018 23:44:21 -0400 MIME-Version: 1.0 DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/simple; d=redchan.it; s=mail; t=1537222007; bh=nvO4Mh8YSenpdAsCY8//cKkhvujHthOVQlmxI+pozQQ=; h=Date:From:To:Subject:From; b=NTwPP7VHAkp+UN3NLJL2vqdNQCGU28kHN7H8WT+dOFPtX6osf11x6GXJnSwTIwBFu 3JtT4Ckdb7k3MQVM1LqIqyAJFm1ZSKKqym2ZHehpeEuhLV7/Vpp1SqxSWgX0+X8lbc Eh8AWeD54oU+I741almumyynF1WtxRkhOL0ouRqLppknnF0Eg5xGG9WSjRS210WoEg ILJPrDsH8d6bD2m9qAAhMYA/2QOJTJYMpfQB0P7hRySltRc4wG9AHFlkk6+G5ifFsT +914QrUZziF4ViFvoh2uQPpVM2G3MVe1lKjD6HCq7KH1dBlKKx8DstQAne524ApEH3 KGburbTg+RLWA== Content-Type: text/plain; charset=US-ASCII; format=flowed Content-Transfer-Encoding: 7bit Date: Mon, 17 Sep 2018 22:06:47 +0000 From: observerofaffairs@redchan.it To: linux-kernel@vger.kernel.org Subject: GPL version 2 is a bare license. Recind. (Regarding (future) Code of Conduct Bannings). Message-ID: X-Sender: observerofaffairs@redchan.it User-Agent: Roundcube Webmail/1.3.6 Sender: linux-kernel-owner@vger.kernel.org Precedence: bulk List-ID: X-Mailing-List: linux-kernel@vger.kernel.org Regarding those who are ejected from the Linux Kernel Community after this CoC: Contributors can, at any time, rescind the license grant regarding their property via written notice to those whom they are rescinding the grant from (regarding their property (code)). The GPL version 2 lacks a no-rescission clause (the GPL version 3 has such a clause: to attempt furnish defendants with an estoppel defense, the Linux Kernel is licensed under version 2, however, as are the past contributions). When the defendants ignore the rescission and continue using the plaintiff's code, the plaintiff can sue under the copyright statute. Banned contributors _should_ do this (note: plaintiff is to register their copyright prior to filing suit, the copyright doe not have to be registered at the time of the violation however) Additionally when said banned contributors joined the Linux team, they were under the impression that it was a meritocracy: in-fact this belief was stated or ratified by those within the governing body regarding Linux when the contributors began their work (whatever that body was at that time, it could have been simply Linus, or Linus and a few associates). The remuneration for the work was implied to be, or perhaps stated, to be fame as-well as a potential increase in the contributors stature, in addition to membership in the Linux Kernel club or association, or whatever it is that the Linux Kernel Community actually is (which a court may determine... it is something, suffice to say). Thusly for work, consideration was promised by (Linus? Others? There are years of mailing list archives with which to determine). And now that consideration has been clawed-back and the contributors image has been tarnished. Thus the worker did work, however the other side of the implied, or perhaps written (email memorandums), understanding has been violated (once the contributor has been banned under the new non-meritocratic "CoC"). Damages could be recovered under: breach of contract, quazi-contract, libel, false-light. (services rendered for the contractual claims, future lost income for the libel claims) In addition to copyright claims. (statutory damages, profits) For greatest effect, all rescission should be done at once in a bloc. (With other banned contributors). Contributors: You were promised something, you laboured for that promise, and now the promise has become a lie. You have remedies available to you now, as-well as in the close future. Additionally, regarding those who promoted the Code of Conduct to be used against the linux kernel contributors, knowing full well the effect it would have and desiring those effects; recovery for the ejected contributors via a tortious interference claim may be possible.