this post was submitted on 15 Sep 2023
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That may be true, but there is (usually) also an upside. Any fixes and modifications must be shared back. Thank you copyleft licenses. Thank you GPL.
Man, I'm so glad that the Border Patrol is using my tech to violently abuse refugees! It's extra awesome that they sent back some modifications! I love it when I get help from *checks notes... fucking Nazis.
This is a joke, right? Cool beans that the people who decided to use the code for nefarious purposes helped make it cleaner. /s
Seriously, that's really pathetic for an "upside."
While we might not agree with immigration policy and power abuse, it's hard to put moral limitations on who gets to use our software. While the example you gave is far from trivial.
The second we say someone can't use our software for whatever reason, that's the second the software is no longer truly free. It's same with Open data.
If you set in writing that your software can be used by anyone, then you also take away the power of those in high places to interpret the licence in a discriminatory way.
Negativland helped create a Creative Commons license whose purpose was literally that. You didn't have to give attribution to the original artist, but you were disallowed from using the work for profit/in advertisements/et cetera. The issue is backwards copyright law that says the only way copyright should be distributed is through ownership and capital. We need a copyright law that respects the original creators intent, if they don't want it used commercially/in government. Not all of us are Tom Waits (who famously refused to license his work for commercial purposes) and happen to have the money to fight misuse of our creations in court.
Yes, I agree. And Creative Commons are a great example of peoples' control over their work. My argument is that it wont be 'the original artist' who gets to interpret the licensing terms.
If I may take your example of border patrol abusing immigrants with your software. And I'm sorry for the trivial example beforehand.
Let's say you put in licensing terms: "This software may not be used to endanger peoples lives and/or livelyhoods". And software is used by both Border Patrol and the immigrants to protect/cross the border.
Both parties come before a judge, accusing the other party of misusing your software. Border patrol says the immigrants are endangering american people with crime etc. ,and the immigrants accuse the border patrol of violent beatings.
In whose favor would a judge decide?
P.S.: thanks for the link. I'm a huge Tom Waits fan, and had no idea about the voice-theft.
I agree with this except the refugees categorically aren't using software if they're at our borders with empty hands. The only argument that would matter in the court was whether or not the CBP was breaking the software license. The refugees aren't in a position to use the technology, and as such, arguments about whether or not they're violent are immaterial to the legal question of whether the Border Patrol broke the license and illegally used the software.
While I agree that in the end, it's a decision by the courts, you're still detailing the answers to how it would be handled based on how copyright currently functions and I'd wager with a re-organized and re-written copyright law, you'd have a lot fewer instances of being able to argue that.
I mean, we have court cases that never make it anywhere all the time based simply on the idea "standing." Hell, our legal system doesn't even respect the idea of it even though they reject it half the time. Conservatives wholesale made up someone refusing to make web pages for a "gay couple" who turned out to be a straight guy who never wrote such an email and the Supreme Court swallowed it and said "fuck standing, we're giving him standing because we're corrupt fucking assholes."
So what I'm talking about includes legal system reform as well, which would preclude a lot of ability to waste developers time by illicitly using their work and then taking them to court over it.
HPE for example write on every IPMI and Firmware page that they are not allowing the use of the software in fields related to ABC weapon systems.