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New License Forbids Human Rights Violations?

KjetilK writes "A new license published by Hacktivismo, builds on Free Software licenses but adds clauses to "promote fundamental human rights of end-users". For those deeply involved in politics, this is a good idea, but Free Software Licenses have traditionally placed no restrictions on use." There's a news article about this as well.

33 of 400 comments (clear)

  1. Perfect by Anonymous Coward · · Score: 5, Funny

    Exactly what OSS needs, more licensing politics. I'm waiting for the GNU/Vegan license.

    1. Re:Perfect by helix400 · · Score: 5, Insightful
      You're right, politics are the last thing licenses should contain.

      Open source has always been about bringing people together, regardless of their political viewpoints, in order to give others open, free, and high quality software.

      The last thing open source needs is divisive political themes attached to products. "Use this only if you support homosexual marriages" ..."Only members of the NRA are allowed to contribute to this product"..."This product can only be used to promote the views expressed by Amnesty International."

      Some things should be political, open source is not one of them.

    2. Re:Perfect by Anonymous Coward · · Score: 5, Insightful

      "Are the mass graves dug, yet?"

      "Yes, sir, but we've encountered a problem. If we go through with this, it will invalidate our software licenses."

      "Oh, really. I guess we'll have to reconsider this course of action, then."

    3. Re:Perfect by commodoresloat · · Score: 5, Insightful

      Open Source is political, in the strict sense of the term. Your problem is not with politics per se, but the kind of politics it should be allowed to support. The problem with such clauses in licenses is not that they are political, but that they require political judgements that have nothing to do with software and technology issues.

    4. Re:Perfect by Telex4 · · Score: 5, Insightful

      Are you insane? Open Source not political? Have you ever read a license, or considered the implications of Free Software? Does it not strike you as political declaring that anybody may copy, modify and redistribute information free from restriction?

      Free Software is by its very nature political. Everything is political. Your choosing to use your particular operating system has a political dimension, as does your choice of workplace, the food you eat, the clothes you wear. The sooner people realise this, and stop thinking politics is all about corrupt white men in government, or single issues, the better.

      The more political hackers can become, the better IMO. If every hacker refused to get political we might as well just invite a few corporations to put great big padlocks on our doors and wipe our hard drives of anything that isn't certified by the Big Bill.

    5. Re:Perfect by EvanED · · Score: 5, Informative

      Yes, but as another poster pointed out, it's political message stays within the realm of computer programs. This license steps over into areas unreleted to technology.

    6. Re:Perfect by helix400 · · Score: 5, Insightful
      How can encouraging human rights [in open source] possibly be a bad thing?

      Because this would always occur:

      American: Alright sir, here's yo go, remember, you need to promote human rights to use this product.
      European: Right, we Europeans are very much in favor of human rights.
      American: No no, you have to use *our* definition of human rights...you know...the right definition.
      European: Wait, I thought we were using the European definition. Because, well, you Americans don't know the first thing about human rights...you still have executions. Our definition of human rights is correct.
      American: Hah, nice try, Mr.-Restricts-More-Forms-Of-Free-Speech...America is right.

      Poltical, partisan, and moral viewpoints are best left to news organizations, forums, and the like. Finding open source products to meet your needs should never involve you having to think, "Now, if I use this open source filter to block certain internet sites from my 20 year old son...is that violation of human rights or not?"

      P.S. I hope my addition to your quote was correct, I tried to appropriately clarify what was conveyed in the previous article.

  2. Like most other EULA's to end users.... by dfenstrate · · Score: 5, Insightful

    Meaningless. ...builds on Free Software licenses but adds clauses to "promote fundamental human rights of end-users".
    Cute, but utterly pointless. A Gold star for thought, but not for effort.
    If these folks want to make a difference, adding such a clause is merely a self-congradulatory measure that allows the Hactivismo folks to pretend like they're making a difference- when they're not.
    May I suggest the Peace Corps if you really want to do something?

    --
    Alcohol, Tobacco and Firearms should be the name of a store, not a government agency.
    1. Re:Like most other EULA's to end users.... by Shalome · · Score: 5, Insightful

      Right on, my friend! I gotta say (and from here on out is a rant, so read at your own risk/benefit), get out there and do some good works that benefit humanity, and then work your ass off to tell me that every piece of software that everone writes should be FREE! Get shot at in a third world country for doing something like building a school or digging a well, and THEN, from the safety of mommy's basement, tell me that someone else's hard work should automatically be free because you don't believe in paying for it!

      I considered writing this as an Anonymous Coward, but I'm too proud of the unpaid time I spent building a network for a local Housing Authority, and the time I spent volunteering building housing with Americorps and feeding people in soup kitchens to hide behind a philosophy of "everything should be free because I don't want to pay for it and rich guys made it and they have too much money!!!!"

      There are so many people out there who don't even know how to help themselves... please, Slashdot folk, give where you're willing and able. If it means writing a free piece of software where you're able to, or filling a plate at a soup kitchen, or donating a freakin' ThinkGeek sweatshirt you've outgrown to a shelter... man, come on... the world is a big, big place. Do your part other than complaining. "Human Rights" clauses in EULAs don't do jack shit for Joe Jobless who can't feed his family.

      And "Human Rights" clauses in EULAs don't do jack shit for the man standing in front of a tank for free speech (see Tienneman Square, which some of us are old enough to remember). Vote, and don't forget who and what you're voting for.

      Not that 98% will listen and understand, but hey, okay, I'm gonna step off the soapbox now.

      --
      Moderation totals that amuse me for one of my posts: Flamebait=1, Insightful=2, Funny=2, Overrated=1, Underrated=1
    2. Re:Like most other EULA's to end users.... by stevew · · Score: 5, Insightful

      I don't think this should have been rated "Funny" but rather Insightful!

      I have ALOT of problems with Hactivismo's license, not the least of which is it's impracticality. Good example - who defines whether you're violating someone's human rights? Human rights is a HUGE political football. The US claims the Iraqis violate human rights (gassing your own people for instance) and the Iraqis claim we're violating their human rights by insisting on inspections. That is just one example - I could go on for HOURS.

      The poster I'm replying to made a very significant statement, along the lines of contribute where you can how you can. That is a reasonable way to live your life - and contributes to observing the golden rule in my mind.

      As for how this should apply to Open/Free software, well if you are good enough to code somthing that others will use and donate it to the public good via an OSS or Free license. GREAT! At the same time we need to stay practical and get rid of the stary-eyed nonsense that the Hactivismo concept embodies.

      --
      Have you compiled your kernel today??
  3. Too vague? by fatwreckfan · · Score: 5, Interesting

    Who will decide whether a piece of software will "promote fundamental human rights of end-users"?

  4. Good intentions, but... by 3141 · · Score: 5, Insightful

    With all due respect, anyone commiting breaches of human rights has more to worry about legally than conditions in software licenses. Such breaches are illegal already, this license adds nothing new.

    1. Re:Good intentions, but... by jonr · · Score: 5, Insightful

      Are you joking? US is one of the top western countries on Amnesty International lists regarding Human rights...

    2. Re:Good intentions, but... by Guppy06 · · Score: 5, Insightful

      "US is one of the top western countries on Amnesty International lists regarding Human rights..."

      Ah, but is that statement still true if you remove the word "western?"

      For example, AI's main complaint about the US is that we still use capital punishment. We execute the most people out of all "western" countries (that's what, 12 or 13 countries?). Does that mean we execute the most people worldwide? Hell no. Countries with 5% of our population annually execute more than twice as many people as the US. Even AI has to grudgingly admit that standards in the US are vastly superior than most of the planet.

      If you want to harp on the US human rights record, go ahead. Just know that your US-centric world view turns a blind eye to the true atrocities.

    3. Re:Good intentions, but... by Wyatt+Earp · · Score: 5, Insightful

      And note that in the United States, those on Death Row aren't there for things like Blasphemy or Protesting against the state or having a peaceful assembly in a Square.

      To make it on Death Row you have to kill one or more people violently and without remorse or reason or do some serious raping and assulting.

      Yes the US still uses Captial Punishment, in a way it is more humane than leaving someone in prison for life or establishing labor camps, or harvesting prisoners for organs or establishing mental health camps for re-educating people.

      One who is on Death Row in the US has had thier case through at least one trial and 2 or more appeals and usually get the case to the State or Federal Supreme Courts.

      The US doesn't place military units in Hawaii or an Indian Reservation to keep the place under control like France and the UK have done in the past in Northern Ireland or Corsica. The US doesn't cut the hands off of thieves like Saudi Arabia or the Sudan does. The US doesn't run armored units and crack infantry units through demonstrations and kill thousands of people like China has.

      As for Captial Punishment, in the US, the people think it is needed. That view may change in the future, but unlike the rest of the world where Capital Punishment is either imposed or banned by the Government without debate, the US has banned it, debated it and brought it back.

    4. Re:Good intentions, but... by spun · · Score: 5, Informative
      So someone doesn't want to think about US human rights abuses. That's okay, I can live with that. But evidently they don't want anyone else to think about it either and modded my last comment down as flamebait.

      So here are some more links to document the sordid history of the US abroad.

      The Long and Hidden History of the US in Somalia

      Us Approves Invasion of East Timor

      A brief history of CIA involvement in the drug trade

      The Philippine War and Anti-Imperialism

      Hawaii's annexation a story of betrayal

      Keep modding me down and I will keep posting new links. My karma is capped right now so we could be here all night. How is it flamebait to talk about human rights abuses in the US in a story about a software license that forbids such abuses?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  5. What's next? by Anonymous Coward · · Score: 5, Funny

    "This software specificall encourages communism, homosexualism, no-good tree hugging and ungodly worship?"

    Oh! The humanity!

  6. Umm by enos · · Score: 5, Insightful

    Who's idea of human rights do we use?

    --
    boldly going forward, 'cause we can't find reverse
    1. Re:Umm by Trusty+Penfold · · Score: 5, Funny

      The software authors'.

      They believe that they can subvert the democratic processes of their own and others' countries by writing a steganography program with a bizarre license.

  7. Great and all... by ActiveSX · · Score: 5, Interesting

    But I don't think this is compatible with the Debian Free Software Guidelines (specifically the "No Discrimination Against Fields of Endeavor" clause). Software needs to be compatible with the DFSG to be included in Debian, so this "HESSLA" may not be useful unless the software is dual-licensed under something like the GPL, but that defeats the purpose of using the "HESSLA" in the first place.

    1. Re:Great and all... by suwain_2 · · Score: 5, Insightful

      An interesting counter-argument would be that those who use it to commit 'civil right' violations are probably discriminating against 'Fields of Endeavor' -- so you're discriminating against discriminators, if that makes sense.

      --
      ________________________________________________
      suwain_2 :: quality slashdot p
    2. Re:Great and all... by entrylevel · · Score: 5, Insightful

      No, it really doesn't make sense. If you discriminate against someone simply because they discriminated against you, it doesn't matter who did it first, you are both discriminating. If you choose to love all people without discriminating, you cannot exclude people just because they don't love you back.

      I think this license is a nice idea but completely unenforceable. Even if it were, don't you think it would be kind of a secondary (er, tertiary) concern? I mean c'mon: "Hey! Stop raping 4 year-old girls! Stop using slave labour! Oh, and by the way, we are revoking your license to play Ogg files."

      --
      Karma: Incomprehensible (Mostly affected by posting at +5, reading at -1, and metamoderating everything unfair.)
  8. MORE Offtopic Clauses in License Agreements? by Babbster · · Score: 5, Insightful
    Considering how often license agreements come under fire for unnecessary and abusive garbage, I would hope that the open source community ignores this as self-congratulatory and ultimately useless garbage. More extraneous clauses in licenses is a BAD thing. It would be like a lawyer sticking a clause into every contract they draft making clear both parties' love for puppies.

    License agreements are complicated enough - too complicated much of the time. I recommend taking a stand against "license bloat."

  9. RIFP! by metacosm · · Score: 5, Interesting

    I agree that it is meaningless -- so I have an alternative idea...

    Ransom It For Peace!

    #1. Develop a good piece of software.
    #2. Put a ransom on it.
    #3. Once enough money has been donated to set your software free -- you open-source it!
    #4. You give all the money from the ransom to the peace corps.

    The nice thing about this system is I could pay for a piece of software I like, while donating to a cause I feel strongly about, and still get the source! It is a win, win, win setup!

    1. Re:RIFP! by ConceptJunkie · · Score: 5, Insightful

      #5. ?????
      #6 Profit!!!

      Just kidding. Seriously, you have a great idea, metacosm.

      This license is a joke. First off, how can you include such a vague term as "violations of human rights" in a legal agreement in the first place without including pages and pages that define it... you can find someone somewhere that will argue anything is a violation of human rights (capitalism for one, and it's not hard to find people who will argue that).

      Like the parent poster's, this is just more handwaving by people in an attempt to look like they care, but without any real action to back it up, it just looks like hypocrisy. It's kind of like all the useless legislation that gets passed not to fix a problem, but so that to the less-informed, the politicians LOOK like they are doing something.

      Just more babble in a world that has too much babble and not enough deeds. Something as simple as helping out at the local food bank can make a difference. This is something I do that's easy and fun and you actually get to see the people you are helping (something that almost never happens in my career).

      "Think globally, act locally." is a good philosophy in my mind, because that's the only way most of us can make a difference. This is much better than some stupid, if well-meant, misplaced manifesto in a software license.

      I'd like to hear about more "hypercites". People who do lots of good, but don't go around making a big deal about it.

      --
      You are in a maze of twisty little passages, all alike.
  10. Why this may be a bad thing... by WEFUNK · · Score: 5, Insightful

    Although I'm all for the freedom to create and choose licenses, this will create problems if this type of thing becomes common.

    Obviously it will be much harder to enforce the provisions of such an end-use restricted agreement. Ineffective licenses based on this approach could further dilute the mostly untested effectiveness of the other, non-corporately defended licenses. If these new licenses become routinely ignored, so will the GPL, possibly to the point of all open source licenses losing legal strength as well as practical credibility.

    Even if such licenses were somehow successfully enforced and they gain popularity (and build legal precendents) I worry that "evil" licenses will also become legally binding and increasingly common; only allowing corporate use, forbidding any political use, certain speech restrictions, etc. Even if most of these were thrown out in court it could make things pretty sticky for challengers.

    This may be well-intentioned, but I don't think it will or should be adopted for the above reasons. Ironically, I imagine the ACLU and similar groups would agree, even though the authors are trying to defend freedom of speech and expression.

    --
    My next sig will be ready soon, but friends can beat the rush!
  11. I guess this rules out the U.S. then... by weave · · Score: 5, Insightful
    The U.S. is listed by Amnesty International as not meeting many requirements regarding human rights, such as banning capital punishment and lack of adequate health care for all her citizens.

    Oh well...

    p.s. Hacktivismo can release their software under any terms they want. If you don't like it, don't use it.

    1. Re:I guess this rules out the U.S. then... by pubjames · · Score: 5, Interesting

      This is why AI and the UN are irrelevant. You cannot compare an enlightened, liberal (in the true sense of the word) and open system like the US to any totalitarian regime in the rest of the world.

      The United states is amongst only six countries that impose the death penalty on juveniles. The others: Iran, Nigeria, Pakisan, Saudi Arabia and Yemen.

      The United States is the only country besides Somalia that has not signed the United Nations Convention on the Rights of the Child, because it contains a provision prohibiting the execution of children.

      So, you can compare the US to many totalitarian regiemes in the world.

      And if you think that you cannot compare them because the USA justice system is so infallible, you may like to refer to the study of error rates in death penalty cases "A Broken System: Error rates in Capital Cases, 1973-1995" by James S Leibman, Jeffery Fagan and Valerie West (2000). Search Google for a copy.

      The USA is currently holding 600 people indefinately captive in inhuman conditions without any due process and without any legal rights or representation. Your claim that the USA is so "enlightened, liberal and open" that AI and the UN are irrelevant is laughable.

  12. BSD license was political by ts0003 · · Score: 5, Informative

    "For those deeply involved in politics, this is a good idea, but Free Software Licenses have traditionally placed no restrictions on use."

    This is not strictly true. The BSD license used to disallow use of software issued under it from being used by the "Police of South Africa", to make a point against apartheid.

  13. ...this goes against what Free licenses are about. by Hobart · · Score: 5, Interesting
    Ahem. I quote. The GNU folks:...and the OpenBSD folks: ;)
    In the BSD world, we believe in making available trap-less software
    which anyone can use for any purpose. Even if they wanted to put our
    operating system into baby mulching machines or cruise missiles. We
    expose no ethic except our own of transitive freedom in sharing. We
    make no demands except credit.
    Theo DeRaadt, OpenBSD
    --
    o/~ Join us now and share the software ...
  14. Re:Oh really? by PastorOfMuppets · · Score: 5, Funny
    " I for one am deeply involved in politics, and this is obviously a horrible idea."

    I agree, you should definitely get out of politics. :)

    --
    If you don't have anything nice to say, shut up you stupid prick.
  15. Re:seriously .. by guybarr · · Score: 5, Insightful

    Actually these kinds of marriages are a part of their culture,

    So is murdering women who do not comply with their idea of "family honor".

    and they are not trapped as you imply,

    reread above reply.

    these marriages actually work

    did you, by any chance, consider that if all marriages work in a specific culture this is an indicator for lack of freedom ?

    They all (Husband and Wife) are very happy,

    well, this reminds me of this old story I once heard:

    A man defects from the then-comunist eastern europe to the west.
    His friends in the west ask him one day:

    Q: How was the food there in the east ?
    A: Can't complain.

    Q: How did the police treat you ?
    A: Can't complain.

    Q: and what about the economy there ?
    A: Can't complain.

    Q: why the hell, then, did you defect ?
    A: Well, here I can complain ...

    This is not human rights violation, it is simply a cultural difference

    This is what every bully outside of the west always say. "but we do it our way !".
    Consider that pre-arranged marriage many times are accompanied with forced, non-consentual (sometimes violent) sex. Yes, that's what we in the west usually call rape . And woo to her if she doesn't smile afterwards.
    But that's OK, Arab women aren't beaten, violated, or mutilated (circumcized) , they're just culturaly different.

    but it's OK for them, ask them.
    They can't complain.

    --
    Working for necessity's mother.
  16. Re: Licenseousness by tz · · Score: 5, Insightful

    Back in the '80s there was this Canadian who went by the handle "Rodey" (we were both on BIX, Byte [magazine] information exchange) or something similar that came up with some backup software - I think it basically enhanced and replaced the original DOS backup/restore.

    It was free except for "Military" use. He didn't really define Military (apparently he let soldiers use it on their personal computer). Back then I raised the same objections discussed here. But there is nothing new under the sun.

    Technically the definitions given back then would mean it would have been perfectly fine for Al Queda or Hamas or any other Terrorist group to use the software because they weren't "military".

    (Not that our government and people are any better - we stretch things so that we can label some "Prisoners of war" and others "Enemy Combatant" depending on which is the most useful, and most people seem to agree).

    The originator of this new site appears to be some kind of anarchist, which is fine. At least it seems his heart is in the right place.

    Even his declaration allows governments to forbid publishing "State Secrets" and "Child Pornography". But that doesn't define "child", or take on the issue of virtual child porn, or state secrets like "we've committed genocide", or who has been arrested under what charge. Who decides who qualifies as a critic, intellectual, artist, or religious figure?

    There are fora for vigorous debate on such issues and methods where even the laws can be changed. Software licenses are not such.

    In a different venue, but along the same lines, I asked someone about what they actually DID that wasn't merely symbolic to promote their views. I contribute regularly to politicians and organizations that fight for my freedom. It is harder to send a percentage of your income than it is to write a whiny rant and attach it as a license.

    If you go to Richard Stallman's webpage, you will find many very strong political views. Many of those are in diametric opposition to my views, others I agree with.

    For all his strong views on these positions, he didn't contaminate the GPL with them, and I have followed by not encumbering my licenses.

    This follows from the Golden rule. The corollary in question is "Never give or allow a power that you wouldn't also give to your worst enemy and your most disagreeable political opponent".

    Keeping the licenses simple and directed at their proper issues is the best thing to do. Otherwise we will need a liberal.sourceforge.net, conservative.sourceforge.net, marxist.sourceforge.net, libertarian.sourceforge.net, and others simply to support forks of projects with different political limitations.

    It will be a dark day if this ever happens.