Re: Code of Conduct: Let's revamp it.
Date: Thu Sep 20 2018 - 05:27:11 EST
Regarding those who are ejected from the Linux Kernel Community after
Contributors can, at any time, rescind the license grant regarding their
property via written notice to those whom they are rescinding the grant
from (regarding their property (code)).
The GPL version 2 lacks a no-rescission clause (the GPL version 3 has
such a clause: to attempt furnish defendants with an estoppel defense,
the Linux Kernel is licensed under version 2, however, as are the past
When the defendants ignore the rescission and continue using the
plaintiff's code, the plaintiff can sue under the copyright statute.
Banned contributors _should_ do this (note: plaintiff is to register
their copyright prior to filing suit, the copyright does not have to be
registered at the time of the violation however)
Additionally when said banned contributors joined the Linux team, they
were under the impression that it was a meritocracy: in-fact this belief
was stated or ratified by those within the governing body regarding
Linux when the contributors began their work (whatever that body was at
that time, it could have been simply Linus, or Linus and a few
The remuneration for the work was implied to be, or perhaps stated, to
be fame as-well as a potential increase in the contributors stature, in
addition to membership in the Linux Kernel club or association, or
whatever it is that the Linux Kernel Community actually is (which a
court may determine... it is something, suffice to say).
Thusly for work, consideration was promised by (Linus? Others? There are
years of mailing list archives with which to determine).
And now that consideration has been clawed-back and the contributors
image has been tarnished.
Thus the worker did work, however the other side of the implied, or
perhaps written (email memorandums), understanding has been violated
(once the contributor has been banned under the new non-meritocratic
Damages could be recovered under: breach of contract, quazi-contract,
libel, false-light. (services rendered for the contractual claims,
future lost income for the libel claims)
In addition to copyright claims. (statutory damages, profits)
For greatest effect, all rescission should be done at once in a bloc.
(With other banned contributors).
Contributors: You were promised something, you laboured for that
promise, and now the promise has become a lie. You have remedies
available to you now, as-well as in the close future.
Additionally, regarding those who promoted the Code of Conduct to be
used against the linux kernel contributors, knowing full well the effect
it would have and desiring those effects; recovery for the ejected
contributors via a tortious interference claim may be possible.