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Re: Amendment to GR on GFDL, and the changes to the Social Contract



[Detaching this discussion from -devel because it is not terribly on
topic there.]

On Thu, 19 Jan 2006, Christopher Martin wrote:
> On Thursday 19 January 2006 20:39, Don Armstrong wrote:
> > On Thu, 19 Jan 2006, Christopher Martin wrote:
> > > No, because as I wrote the whole point of the amendment is to make
> > > officially acceptable the interpretation of the license which views
> > > the license as flawed, but still DFSG-free. This amendment is in no
> > > way arguing for any sort of exception or modification or suspension
> > > of the DFSG.
> >
> > The issue here devolves into a question of interpretation; if we
> > can decide to interpret the Foundation Documents in any way we
> > want simply by a majority vote, the requirement to have changes to
> > them meet a 3:1 majority becomes rather pointless.
> 
> The important question here is one of legitimacy. Who exactly has
> the authority to determine these matters of interpretation?

The Secretary has the authority to adjudicate constitutional disputes
of interpretation under §7.1.2.[1] Since modifying the Foundation
Documents requires a modification to the constitution, it seems
reasonable that the secretary would adjudicate whether a particular GR
would require such a modification to remain consistent.

> Given the length of the GFDL debates, the acrimony, and the number
> of developers who remain on both sides, this seems far, far too
> strong a stance for a Project officer to adopt (even if Manoj holds
> that view personally). Hence my complaint.

A stance has to be made one way or the other; either way involves a
personal weighing of whether the acceptance of a particular license as
acceptable in main violates the DFSG itself; either decision will
cause some to be unhappy. Indeed, the very fact that we've had 2
previous GRs on this very issue which required a modification of the
DFSG to do so seems to indicate that the project has decided on
multiple occasions that 3:1 majorities were required to deal with the
current version of the GFDL.


Don Armstrong

1: Odly enough, it's not clear that the developers can override a
decision that the Secretary has made,[2] although I'd be surprised if
a Secretary would fail to heed a clear overriding vote.

2: Well, by some other manner than electing a DPL who will fail to
reappoint the secretary and then revisiting the decision...
-- 
You could say she lived on the edge... Well, maybe not exactly on the edge,
just close enough to watch other people fall off.
  -- hugh macleod http://www.gapingvoid.com/batch8.htm

http://www.donarmstrong.com              http://rzlab.ucr.edu

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