Re: Code of Conduct, more attacks on Ted Ts'o

Re: Code of Conduct, more attacks on Ted Ts'o

[missingterms]

Three avenues to rescind GPLv2 property. RAP strategy added.


Here's a case in NY where a Software distributor agreement violated New 
York's Rule Against Perpetuities
McAllister Software Systems, Inc. v. Henry Schein, Inc., No. 06-0093, 
2008 WL 922328 (E.D. Mo. April 2, 2008)

So we see that atleast one court in an important* jurisdiction is 
applying the RAP with regards to intellectual property.

So:
Attack 1: license rescission under property law (non-exclusive gratuity 
for which no consideration was given, and no utterances to 
irrevokability by grantor vis-a-vis licensee uttered, thus can be 
rescinded at will).
Attack 2: license rescission citing no term-of-years, thus at-will 
licensing (until the parties no-longer agree). (This one works in the 
UK)

Jurisdictional attack: if defendant claims license is perpetual [Or you 
could simply use it as an alternative argument from the get-go]
Attack 2b: license is a nullity (void from it's inception) due to RAP.

*(Wallstreet is in NY. I wonder if they use and/or modify linux kernel 
for anything?)

Re: Code of Conduct, more attacks on Ted Ts'o

[Christoph Conrads]

> But I'd like to bring to your attention
> the following Twitter items, which I haven't seen mentioned in the
> messages.

> [Context
> 
> https://mobile.twitter.com/_sagesharp_/status/1042959402712657921
> Sage Sharp @_sagesharp_ · Sep 20
> My statement was "I don't want Ted Tso reviewing Code of Conduct cases
> involving sexual assault or sexism." I did not make a statement asking
> for him to be removed from the board.
> ]

Sage Sharp was formerly known as "Sarah Sharp". She is used to be the
maintainer of USB 3.0 and had an argument with Linus Torvalds
about his conduct beginning in 2013. [1]

> [Valerie Aurora "co-founder of the Ada Initiative", outright states
> Ted Ts'o should be fired and more.]

Since 2012 she states that Ted Ts'o should be fired [2] based on
e-mails from him [3]. Matthew Garret archived the whole thread in
question [4]. Currently, Valerie Aurora is looking for former Linux
Foundation employees [5]:

> Torvalds also fostered a cult of personality whose central tenet is
> that Linux will fail if Torvalds is not its leader. In this system,
> Torvalds has little incentive to stop doing anything he enjoys,
> including verbally abusing other Linux developers.
>
> [snip]
>
> Here’s what I suggest: Linux Foundation sponsors should demand that
> the Linux Foundation release all former employees from their
> non-disparagement agreements, then interview them one-on-one, without
> anyone currently working at the foundation present. At a minimum, the
> sponsors should insist on seeing a complete list of ex-employee NDAs
> and all funds paid to them during and after their tenure. If current
> Linux Foundation management balks at doing even that, well, won’t that
> be interesting? 

She later tweeted [6]:

> So where are all the disgruntled ex-Linux Foundation employees?
> Working with the walking PR disaster that is Linus Torvalds should
> have people lining up to complain to reporters, and at least 4 senior
> people left in 2016

This text was retweeted by Matthew Garrett. He also called Ted Ts'o
a rape apologist [7].

The Ada Initiative was able to raise more than 80,000$ of donations in
2011 [8] and in 2012 [9] allowing the members to work full time for the
Ada Initiative. The list of donors includes Adobe, Google, Red Hat, and
Microsoft, all of them members of the Linux Initiative [10]. (Microsoft
is a LF platinum member.)


For at least six years, these people have had an axe to grind with Linux.


Sincerely
Christoph Conrads

[1]
https://www.infoworld.com/article/2989588/linux/linux-is-sarah-sharp-a-social-justice-warrior.html
[2]
https://adainitiative.org/2012/10/25/open-source-software-open-to-all
[3] http://geekfeminism.wikia.com/wiki/Rape_apology_on_LCA_mailing_list
[4] http://www.codon.org.uk/~mjg59/ted_mail/ [5]
https://web.archive.org/web/20180921164106/https://blog.valerieaurora.org/2018/09/20/something-is-rotten-in-the-linux-foundation/
[6]  
https://web.archive.org/web/20180927103830/https:/twitter.com/vaurorapub/status/1042597545313153024
[7] https://mjg59.dreamwidth.org/18505.html [8]
https://lwn.net/Articles/449315/ [9]
https://adainitiative.org/2012/10/29/10000-matching-donation-challenge-from-sumana-harihareswara-and-leonard-richardson/
[10] https://www.linuxfoundation.org/membership/members/