Re: Fwd: Improving the FSF in support to the GPL, RMS and staff

[Jean Louis]

* Julian Daich <julian.daich@freecomputerlabs.org> [2021-04-03 21:35]:
> ---------- Forwarded message ---------
> De: Julian Daich <julian.daich@freecomputerlabs.org>
> Date: sáb, 3 abr 2021 a las 17:42
> Subject: Improving the FSF in support to the GPL, RMS and staff
> To: Free Software Foundation <info@fsf.org>
> 
> 
> Hi,
> 
> The GPL is a recursive set of rules that empower people through the
> knowledge encoded in software and this empowerment is largely possible
> because knowledge is independent from rhetoric.
> 
> The GPL is the main pillar of the FSF and RMS is who conceived it. The
> FSF and hence the GPL are under attack by a rhetoric that links
> freedom with an expected conduct when at the FSF there is not a Code
> of Conduct other than its by laws.

I understand your good intentions, thank you.

I don't think that corporate By-laws of the FSF regulate anybody's
conduct. That is legal document related to how organization does its
voting, meetings and similar. 

Maybe you do not know, RMS has expressed that Code of Conduct is not
needed in GNU. FSF could have it, but in GNU not. It is good to think
about it. Instead RMS have devised GNU Kind Communication Guidelines.

Some specific GNU projects or FSF could have. It is good to think why
is it not necessary, especially in this case of attacks on RMS. One
can see that attacks come from organizations that also have their own
Code of Conduct, but their leaders, statement makers, decision makers
who publicly defame RMS do not uphold to the word of their own Code of
Conduct.

Code of Conduct establishes some rules on what and how to sanction
those who misbehave. Even though people may not break the law, they
may be sanctioned, and shamed publicly, maybe it may be
misunderstanding, there are varieties. We can see now that those
organizations with Code of Conduct feel free to break it themselves
and not to sanction themselves. They feel proper to harass publicly on
their own websites. 

Please see the Announcement of GNU Kind Communication Guidelines and
RMS's reasoning:
https://lists.gnu.org/archive/html/info-gnu/2018-10/msg00001.html

Quote as from RMS:
==================

The difference between kind communication guidelines and a code of
conduct is a matter of the basic overall approach.

A code of conduct states rules, with punishments for anyone that
violates them.  It is the heavy-handed way of teaching people to
behave differently, and since it only comes into action when people do
something against the rules, it doesn't try to teach people to do
better than what the rules require.  To be sure, the appointed
maintainer(s) of a GNU package can, if necessary, tell a contributor
to go away; but we do not want to need to have recourse to that.

The idea of the GNU Kind Communication Guidelines is to start guiding
people towards kinder communication at a point well before one would
even think of saying, "You are breaking the rules."  The way we do
this, rather than ordering people to be kind or else, is try to help
people learn to make their communication more kind.

> As a member I would like to see, in fact request, a Code of Conduct
> that will define and differentiate the expected behaviour of members,
> staff and Board Members with emphasis which personal acts can be
> performed on behalf of the FSF or not( for example asking personal
> favors while traveling or using FSF infrastructure as.her or his own).

As for the above stated reasons, as given by RMS, and my own
conclusion on that, and after research of ethical issues elsewhere, I
do not find that a Code of Conduct should be considered some rule or
principle within the FSF as organizational structure.

We all know by feeling what is good and bad behavior. I am sure that
within FSF people are friendly and in case of problems would speak to
each other and self-correct internally.

Any issues related to problems with voting or board members, may be
resolved by using By-Laws, corporate charters and laws, as in the
meetings people may choose or propose to expell some of members. There
is no need to put some rules in writing as those rules will become or
could become subject of abuse.

> Also as a member consider that the Code of Conduct have to include
> gender and anti harassment policies and, as a male, that those
> policies will include not to be harassed by linking social status with
> male sexuality.

FSF has a purpose to promote free exchange of of software. 

It does not have a purpose to promote gender and anti-harassment
politics. People in FSF should not publish, IMHO, political opinions
other but for free software. It is natural to respect gender issues,
anti-harassment, but it is not proper and adequate to promote those
issues within an organization that has clearly defined different
purpose. There absolutely no need to mention "male sexuality" in
corporate documents or resolutions of the FSF as a non-profit
corporation, which has the purpose for free software. I am sure that
each of people in FSF understands your point. I am on your side
personally, but not professionally. Having incorporated hundreds and
hundreds of corporations for my clients, that is where my experience
come from.

Jean

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