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Re: Do we need to hide packages in NEW queue



On 2022-01-31 at 12:32, Russ Allbery wrote:

> Marc Haber <mh+debian-devel@zugschlus.de> writes:
> 
>> Even if a lawyer says A, it doesn't buy us anything if J Robert DD
>> gets sued and the judge says B, or "not A".
> 
> Yes, a legal opinion cannot fully resolve the question,
> unfortunately, since it's a risk judgment.  Copyright law is murky
> enough that it's unlikely that any lawyer will be willing to
> guarantee that we won't lose a lawsuit, and of course no one can
> guarantee that we won't be sued.
> 
> What a lawyer can do is give us a better risk analysis.  How *likely*
> is it that we would be sued over such a thing, and if we were, what
> would happen then?  How much would it cost us to dispose of the
> resulting lawsuit?
> 
> I think it's useful to view this as a price.  We're paying a quite 
> substantial price right now to implement pre-screening.  If we
> increase the risk that we may temporarily distribute something that
> we shouldn't until we discover that and fix it, that comes with some
> corresponding increased risk of a legal cost.  But in the meantime
> we'd be saving a substantial pre-screening cost.

My understanding has been that the issue is partly that once something
makes it through NEW and into the repository, it is (in principle) there
forever; it'll continue to be available through various archive
locations, ultimately TTBOMK cascading back to snapshot.debian.org,
indefinitely.

I am not on the inside of these things, certainly, but I have kept my
eyes open from the outside, and I am not aware of there being any
mechanism for removing something root-and-branch - across all affected
versions, however far back those may stretch - from these repositories
and archive locations once it's made it in. In order to avoid continuing
to distribute something which we once accepted but which has since been
deemed legally undistributable (and thus exposing ourselves to
copyright-infringement lawsuits), we would need to have such a
mechanism. (If we already do, I'd be interested to learn what it is, in
terms of how it's invoked and - to the extent that this isn't
unimportant implementation details - how it functions.)

Even leaving aside the practicalities of that, I am on a certain
conceptual and/or philosophical level uncomfortable with such a removal;
having something which was once on a level of distribution to make it
into snapshot.debian.org (and might be installed on my machine, or on
one of my machines) be removed from that location, and thus no longer
available, feels somehow wrong to me. (IOW, I appear to approve of the
principle that these things remain there forever.)

That could easily not be (and, in fact, probably is not) enough to
outweigh the price we're facing now with the pre-screening of NEW, but
it's at the very least enough that if not, that would be yet one more
weight on the pile of the the reasons why copyright law is Why We Can't
Have Nice Things.


(I concur with your assessment and arguments overall, I just didn't see
this one angle being addressed anywhere, and I feel that it's important
enough - assuming it applies at all - to make sure it doesn't get
overlooked.)

-- 
   The Wanderer

The reasonable man adapts himself to the world; the unreasonable one
persists in trying to adapt the world to himself. Therefore all
progress depends on the unreasonable man.         -- George Bernard Shaw

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