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Re: GnuTLS in Debian



On Mon, Dec 23, 2013 at 08:40:54AM +0200, Faidon Liambotis wrote:
> On 12/23/13 02:15, Steve Langasek wrote:
> I think a better way to put Marco's argument would be: "[h]acker
> legal education, with its roots in programming, is strong on formal
> precision and textual exegesis. But it is notably light on legal
> realism: coping with the open texture of the law and sorting
> persuasive from ineffective arguments".

> That's from a commentary[1] by James Grimmelmann[2], that started
> from a review of Biella's book and discusses the legal education of
> hackers and members of the Debian community in particular. It's
> worth a read.

Well, I find that your quote is taken quite out of context.  James seems in
fact quite positive about hacker's becoming well-versed in the law, while at
the same time taking a balanced view by pointing out the limits of our
amateur education (the part you quote).  Being a Debian developer does *not*
prepare one to practice law in a courtroom.  But it *does* prepare one to
understand the terms of a license, which is not something that requires a
professional.

Determining whether a particular course of action is in keeping with the
wishes of the copyright holder is not something that requires consulting a
lawyer, any more than determining whether a license meets our own DFSG
guidelines.  These are not questions that need to be *adjudicated*, they are
matters for us to decide by a careful reading of the licenses and the
application of our shared principles.

> I, too, believe that  we could use the reality check. We already did
> so with our patent policy and solved long-standing problems for our
> users.

Well, I'm not sure what problems that patent policy actually solved for our
users.  As far as I can see, our current patent policy was simply a
codification of existing practice.

But as for a reality check, remember that lawyers by and large only give you
the answers to the questions you ask.  It's very easy to ask the wrong
question where the GPL's system library exception is concerned.  I have seen
many people ask the wrong question before, precisely because they believed
they already knew the answer.

-- 
Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
Ubuntu Developer                                    http://www.debian.org/
slangasek@ubuntu.com                                     vorlon@debian.org

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