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New License Forbids Human Rights Violations? 444

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.
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New License Forbids Human Rights Violations?

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  • OSS is freedom!
  • Perfect (Score:5, Funny)

    by Anonymous Coward on Sunday December 01, 2002 @03:48PM (#4788614)
    Exactly what OSS needs, more licensing politics. I'm waiting for the GNU/Vegan license.
    • Re:Perfect (Score:5, Insightful)

      by helix400 ( 558178 ) on Sunday December 01, 2002 @04:40PM (#4788862) Journal
      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.

      • mod parent up! (Score:4, Insightful)

        by small_dick ( 127697 ) on Sunday December 01, 2002 @04:51PM (#4788905)
        this person has it right...imagine every contributor to a project adding a restriction forbidding their particular peeve...something like mozilla or open office could end up with hundreds of lines of restrictions -- "thou shalt not eat tuna", "thou shalt not eat at mcdonalds", "thou shalt not buy products at walmart".

        A ridiculous precedent.
      • Re:Perfect (Score:3, Insightful)

        by Lemmy Caution ( 8378 )
        I don't think including a clause against the use of the software to violate someone else's human rights is the same thing as just enforcing a viewpoint. There's a non-trivial, not-slippery-sloped difference between using a cron job to run a torture device and using apache to publish racist propaganda.
      • Re:Perfect (Score:5, Insightful)

        by commodoresloat ( 172735 ) on Sunday December 01, 2002 @05:48PM (#4789230)
        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.
      • Re:Perfect (Score:5, Insightful)

        by Telex4 ( 265980 ) on Sunday December 01, 2002 @07:24PM (#4789728) Homepage
        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.
        • Re:Perfect (Score:3, Insightful)

          by Malcontent ( 40834 )
          How you spend your money is in many more ways more important then how you vote.
      • Re:Perfect (Score:3, Insightful)

        by kubrick ( 27291 )
        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."

        I'm going to give you the same answer I give to people who complain that the GPL is viral: "If you don't like the license, write your own damn code."

        If I, as a software author, want to release software that can only be used by one-legged people, that's my right. Cuts down my potential audience quite a bit, but hey. :) Remember, it's a gift, not something you have a right to possess -- and I, with my wacky amputee fetish, choose that all those two-legged types don't receive that gift.

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

        Would you try to argue that Free Software [gnu.org] is non-political?
    • Re:Perfect (Score:5, Insightful)

      by Anonymous Coward on Sunday December 01, 2002 @04:57PM (#4788933)
      "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."
    • by spun ( 1352 ) <loverevolutionary@@@yahoo...com> on Sunday December 01, 2002 @05:38PM (#4789185) Journal
      I don't eat anything that casts a shadow.

      My friend is a third level vegan. She won't eat anything with eyes, so potatoes are out.
    • Re: Licenseousness (Score:5, Insightful)

      by tz ( 130773 ) on Sunday December 01, 2002 @07:12PM (#4789669)
      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.
  • 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?
    • RIFP! (Score:5, Interesting)

      by metacosm ( 45796 ) on Sunday December 01, 2002 @04:01PM (#4788685)
      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 [theoretic.com] 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!
      • Re:RIFP! (Score:5, Insightful)

        by ConceptJunkie ( 24823 ) on Sunday December 01, 2002 @04:26PM (#4788811) Homepage Journal
        #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.

    • by Shalome ( 566988 ) on Sunday December 01, 2002 @04:13PM (#4788753) Homepage
      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.
      • by stevew ( 4845 ) on Sunday December 01, 2002 @04:34PM (#4788835) Journal

        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.

        • Right, so once I get this poor bugger I'm tracking, I'm going to torture him, cuts his balls off and blow him into a million teeny tiny pieces.

          Oh dear.

          I clicked on a funny button that said I shouldn't.

          Well, OK then, since that would be violating the EULA, I will just give him a wee smack on the wristie then.

          Americans just don't get it, do they. One would almost think they thought that anybody gave a shit about their laws. Or any law for that matter...

          So skip the EULA and do something real for a change. Something that involved money and how you spend it.

        • Good point.. but it's not just "insisting on inspections" that Iraqi's say are violating human rights... try breaking the Geneva Convention by deliberatly destroying the civillian infrastructure for clean water, and by creating an embargo against imported food, medicine, and technology.

          If we want to emancipate and liberate, we need to support build basic infrastructure (including network architecture). We need to ensure freedom of information and human need supply lines to the people, not just the priviledged few...
    • AI doinations (Score:3, Interesting)

      by einhverfr ( 238914 )
      I really like the way VIM dealt with this issue-- basically saying "If you like this software, please donate to the following charity..."

      I think this is a better approach, and unless you are going to try to sue the Chinese (or N. Korean, Israeli, or Saudi) gov't, what is the point? And even if you do, you will probably lose.

      It would be far better to say "If you like this software, please consider donating to Amnesti International-- its initials are AI, and it is an organization working for the betterment of all."
  • Too vague? (Score:5, Interesting)

    by fatwreckfan ( 322865 ) on Sunday December 01, 2002 @03:49PM (#4788619)
    Who will decide whether a piece of software will "promote fundamental human rights of end-users"?
  • by Demona ( 7994 ) on Sunday December 01, 2002 @03:50PM (#4788623) Homepage
    Those who make the law will always declare themselves to be above it.
  • by 3141 ( 468289 ) on Sunday December 01, 2002 @03:50PM (#4788626) Homepage
    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.
    • It depends where, not every nation has a wonderful constitution like the US and not every nation follows the UNs thingy about human rights.
      • by jonr ( 1130 ) on Sunday December 01, 2002 @04:03PM (#4788698) Homepage Journal
        Are you joking? US is one of the top western countries on Amnesty International lists regarding Human rights...
        • Yeah buy Amnesty are not interested in improving human rights, only promoting their own political agenda.
          • Yeah buy Amnesty are not interested in improving human rights, only promoting their own political agenda.

            Oh boy, you are SO right...

            "Amnesty International's vision is of a world in which every person enjoys all of the human
            rights enshrined in the Universal Declaration of Human Rights and other international human
            rights standards. Our mission is to undertake research and action focused on preventing and
            ending grave abuses of the rights to physical and mental integrity, freedom of conscience and
            expression, and freedom from discrimination, within the context of our work to promote all
            human rights."

            Complete BASTARDS, aren't they?!

            ...and you just know those facists in HUMAN RIGHTS organistations world-wide, are
            going to use this SOFTWARE LICENSE, to exploit the third world.
            • Look, Amnesty International might or might not be genuinely interested in promoting human rights, or in promoting their own egos, or whatever. I happen to think they are -- usually -- the good guys. But in any event, you can't make the determination based solely on their mission statement. For Pete's sake, the constitution of the Soviet Union was one of the most expansive and forward-thinking documents of human history. The Soviet Union, on the other hand, was a repressive nasty government.


              It's good that they say all the right things, but it isn't enough.

        • by Guppy06 ( 410832 ) on Sunday December 01, 2002 @05:19PM (#4789052)
          "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.
      • It depends where, not every nation has a wonderful constitution like the US and not every nation follows the UNs thingy about human rights.

        Interesting example, since the US doesn't follow the UN thing about human rights...

        But in any event, if a nation doesn't follow the UN thing on human rights, then they can simply make 'usage licensing' on software illegal: IE anyone can use software if they pay for it. They can even remove software copyright entirely for the government. Either of those two things would make this clause useless.
    • Actually, not all human rights violations are illegal. Depending on the your jurisdiction, not all human rights are part of your local laws.
  • by Anonymous Coward on Sunday December 01, 2002 @03:50PM (#4788628)
    "This software specificall encourages communism, homosexualism, no-good tree hugging and ungodly worship?"

    Oh! The humanity!
  • Oh really? (Score:3, Insightful)

    by nmg ( 614483 ) on Sunday December 01, 2002 @03:51PM (#4788631)
    For those deeply involved in politics, this is a good idea

    Wait, what? I for one am deeply involved in politics, and this is obviously a horrible idea.
  • by dagg ( 153577 ) on Sunday December 01, 2002 @03:53PM (#4788637) Journal
    This seems like a good idea. But I don't think it can be enforced. I want the same people that enforce this to go and collect all of the "postcards" I'm due. I know for a fact that people are using my "postcard-ware" software... but they aren't sending me postcards.

    This is simply impossible to enforce. What I do like about it, though, is that it'll probably get noticed by the media (well... I guess it already has :-)).

    --
  • Ok, but this really does nothing besides exclude the governments of China and those big, multinational cooperatations. But China doesn't care and will use it if they damn well please. And those cooperations can fight in court as to whether or not they are 'promoting' human rights of end users. SO I guess it doesn't do anything, really.
  • Umm (Score:5, Insightful)

    by enos ( 627034 ) on Sunday December 01, 2002 @03:54PM (#4788651)
    Who's idea of human rights do we use?
  • Great and all... (Score:5, Interesting)

    by ActiveSX ( 301342 ) on Sunday December 01, 2002 @03:56PM (#4788661) Homepage
    But I don't think this is compatible with the Debian Free Software Guidelines [debian.org] (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.
    • by suwain_2 ( 260792 ) on Sunday December 01, 2002 @04:08PM (#4788727) Journal
      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.
      • by entrylevel ( 559061 ) <jaundoh@yahoo.com> on Sunday December 01, 2002 @04:22PM (#4788790)
        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."
  • Silliness (Score:3, Insightful)

    by blystovski ( 525004 ) on Sunday December 01, 2002 @03:58PM (#4788671) Homepage
    "promote fundamental human rights of end-users"

    This is just silliness. One situation that comes to mind - inmates on death row using this software. Then the software company would be fighting the state on behalf of the human rights of the end user for his fundamental human right to life?

    Just seems like this is a step down for the free/open source software world, and reminds me of the silly things you find is the M$ EULAs. You want to fight for human rights - WONDERFUL! But be realistic, how many people are going to be helped by the addition of those goals in your software license? Silliness...just silliness...
  • by Babbster ( 107076 ) <aaronbabb@NoSPaM.gmail.com> on Sunday December 01, 2002 @03:59PM (#4788679) Homepage
    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."

  • seriously .. (Score:2, Interesting)

    by dk.r*nger ( 460754 )
    Imagine someone setting up a web board, licensed as described. And this one circumventet girl from Somalia surfs by and signs up the week before she is forced to enter a marriage with a man her fater chose.

    Poor girl - But, hey! License violation!
    • Re:seriously .. (Score:3, Interesting)

      by Zapdos ( 70654 )
      Actually these kinds of marriages are a part of their culture, and they are not trapped as you imply, these marriages actually work. I have several friends (6 couples) who's marriage was set up for them by their families, They all (Husband and Wife) are very happy, and are glad that they didn't have to waste time with dating. This is not human rights violation, it is simply a cultural difference.

      • Re:seriously .. (Score:5, Insightful)

        by guybarr ( 447727 ) on Sunday December 01, 2002 @05:19PM (#4789049)
        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.

  • Anti-Spam Clause (Score:3, Interesting)

    by ProtoStar ( 575347 ) on Sunday December 01, 2002 @04:03PM (#4788694)
    They should put a anti-spam clause in the license.

    This software can not be used to create and/or send unsolicited email.
  • by WEFUNK ( 471506 ) on Sunday December 01, 2002 @04:07PM (#4788718) Homepage
    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.
  • by weave ( 48069 ) on Sunday December 01, 2002 @04:07PM (#4788719) Journal
    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.

    • by gaudior ( 113467 ) <marktjohns.gmail@com> on Sunday December 01, 2002 @04:34PM (#4788836) Homepage
      THis is precisely why Amnesty International, and the UN in general are completely irrelevant. The individual states in the US which have the death penalty also have cumbersome rules which limit the application of the death penalty, and the US Constitution provides for appeals which largely prevent the execution of innocent persons. The fact that Illinois, where I live has placed a moratorium on executions, until reviews can be made regarding process speaks to the ultimate justice of the US system.

      Capital punishment is reserved for those who's crimes offend the human rights of the innocent, or of the security of society at large. The ultimate human right is life, and those who would shed human blood on purpose, or as the result of committing some other crime must be dealt with. Discussions of the sociaological causes of crime, or the statistics of prison populations are irrelevant when discussing capital punishment. Each case MUST be taken on it's own; aggregate statistics are irrelevant.

      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.

      Once a person has committed a capital crime, they forfeit their own. It's that simple. I am in favor of capital punishment. I am also pro-life, in the debate over abortion and euthanasia/assisted suicide. This is not an inconsistent position, although it is at odds with the Catholic Church. The difference is that the unborn child is as innocent as can be, has done nothing deserving death, except to exist. It is ironic that some many people who oppose the death penalty for criminals support the right of a Mother to kill her own children.

      • by weave ( 48069 ) on Sunday December 01, 2002 @04:57PM (#4788935) Journal
        I respect your beliefs, but I am against capital punishment. A hard position to believe in, especially with the arrest of the two snipers. I *do* believe they deserve to die.

        I just don't believe any government should have the right to execute its own people. It's not that I don't believe some people deserve to die, it's because I don't trust the government to decide who deserves to die.

        Luckily, currently in the U.S., there are a lot of safeguards and conditions, but who is to say that will continue? Sprinkle in some national paranoia over terrorism, then all of a sudden you see rules changing, people held without a trial indefintely, for example, because they are labeled enemy combatants. If the current climate and paranoia in the U.S. isn't checked, how long before someone like me who dares speak out against the policies of my government is labeled a traitor and traitor is a capital-capable offense?

        Bottom line, I don't trust the government to do the right thing, and don't believe I, as a citizen, should support the right for that government to decide what crimes deserves capital punishment. If executions are not allowed, then all grey areas are removed. Throw the bastards away for life. It's not being "soft on crime."

        With all that is happening lately in the U.S. politically, can you honestly say you trust that the crimes that warrant capital punishment won't be expanded to include other "crimes" against the country? During colonial times, the colonists fled countries where stealing a loaf of bread was considered a crime against the King, a treasonable offense, and hence worthy of capital punishment.

        Do you honestly trust your government to do the right thing? Or more accurately, can you trust the people who keep them all in office to not fall in step like sheep and not throw them out of office for suggesting we need to waive some rights to fight terrorism?

        I don't.

      • by pubjames ( 468013 ) on Sunday December 01, 2002 @05:06PM (#4788971)
        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.
    • Re: (Score:3, Interesting)

      Comment removed based on user account deletion
  • Well there goes the Free Software Forces of Evil Organization (FSFEO). It was fun while it lasted...
  • Err, guys, if you want to promote ideologies by including them in your software licenses, you'd better have some useful software to start with.

    The only thing which "Hacktivismo" has produced is Camera/Shy... which is an absolutely laughable implementation of an absolutely laughable method of steganogaphy. Anyone who uses Camera/Shy is practically waving a red flag while jumping up and down screaming "I'm trying to hide something!"
  • I think what we have here, both in the licensing issue writen-of in the main post, but also in the subsequent discussion, is the age old dilemma of too much or too little. People will be consistently unhappy, terms of an agreement are either too loose, or too restrictive. Words tend to be an imperfect means of defining anything. More often than not, interpretation always occurs and therefore misunderstanding will often occur. Nothing has changed. Contracts have been disputed since humans were capable of making them, whether by handshake or signature (and sometimes blood.) Get used to it, it's humanity, and it's only going away when we destroy ourselves. (Not that we need to head in that direction by anymeans.)
  • by ts0003 ( 240556 ) on Sunday December 01, 2002 @04:12PM (#4788747)
    "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.
  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Sunday December 01, 2002 @04:13PM (#4788751)
    Comment removed based on user account deletion
    • Soylent Green is in line with the current GNU license, and the OpenBSD people support this fine processed meat.
    • Putting aside the BSD license for a second, perhaps it would be more in keeping with Freedom 0 to deny development licences for immoral purpose. In other words, if you want to use an program managed by such a license, as is, to support torture, or manage a censorship program, go ahead. But should you wish to modify such code to support such nefarious activities, you had better start coding yourself. Or you can snag a existing project from OpenBSD or FSF....

      IIRC, the CoDC has published code that opens and exploits back doors in Windows (back orifice) and hactivismo's latest project is a stenography application. Both such products can easily be used for illicit purposes. Perhaps some people believe that some illicit practices (running a peaceful, underground political movement in an authoritarian state), are better than others (running a child prostitution ring, bombing civilian targets, etc.)
    • 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.

      H'mmm...

      In my first startup, when I was much younger and greener, we had a clause in the license of the software we were selling (which was some quite cute AI stuff) saying that it couldn't be used in the manufacture, testing, etc of weapons or munitions. More to the point, we actually refused to sell it to the military, although they were willing customers and our liquidity was going pear shaped. I'm still kind of proud, in an obscure way, about that. I don't want stuff I do to be used to kill people, and I think the world would be a better place if more people took the same attitude.

      But I doubt whether this sort of thing has much effect in practice. If the bad guys want to use your code, I can't see that a license is going to stop them - they're bad guys, after all.

  • by vinsci ( 537958 ) on Sunday December 01, 2002 @04:17PM (#4788771) Journal
    There's also the GGPL, see http://ggpl.org/ [ggpl.org], which has been around for quite some time.

    A google search says that we're running out of G's :-) There are more GGPL:s.

  • by OpenGLFan ( 56206 ) on Sunday December 01, 2002 @04:20PM (#4788784) Homepage
    After all, we're slowly eroding our own due process laws.
    Separate court for suspected terrorists [washingtonpost.com]

  • Since this could never be enforced, how about something useful that could. Perhaps a clause that the software cannot be used for 10 years following a finding of fact of monopoly behavior.
  • Somehow, I don't think that dictators and warlords, who certainly haven't stopped at any other ethical boundary, are going to consider themselves beholden to a software license.

    This reminds me of some licenses I've seen prohibiting military applications. While I certainly wouldn't want to see my code used to kill people, I have no illusions about the effectiveness of such a license. When a state -- including ours -- decides something, no matter how repugnant, is necessary in the name of "national security" the rule of law isn't worth a crap unless there's a bigger, meaner state around to enforce it.

    While I don't share the "I built housing for the homeless so screw you" arrogance of some of the other posters today, I have to agree that if you want to do some actual good in the world instead of just talking about it, this license is a waste of time.
  • Can we *please*... (Score:3, Insightful)

    by Dillon2112 ( 197474 ) on Sunday December 01, 2002 @04:41PM (#4788869) Homepage
    ...seperate political issues from software? Its one of the huge reasons I liked Linux in the first place. It was free, no strings attached, just make sure aything you release using the code is equally free. Call me insensitive but I always avoided using Vim because its a free license that encourages me to give money to hungry children in Uganda. I *do* support the cause, but I don't want it to be tied to what editor I use...I just find it annoying.
    • Call me insensitive but I always avoided using Vim because its a free license that encourages me to give money to hungry children in Uganda.
      On the contrary, I'll call you sensitive. So sensitive that you can't bear to use a piece of software because it has a small appeal to donate money hidden away somewhere in it. You must be able to feel a pea through your 14 mattresses princess!
  • good idea (Score:2, Interesting)

    by Anonymous Coward
    Unlike the majority here I see a point in this. Proving that something doesn't in any way violates human rights is hard to do, but the software as an example used by China to censor access to the net by citizens is in obvious violation of it and couldn't be released or based on code under the proposed license. Anyone trying to argue that promoting human rights is actually a bad thing?

    -t
  • It's a manifesto.

    I read the thing, and it takes over half the document just to get to the terms. The first half is discussions of things like the UN Declaration of Human Rights and Magic Candle.

    At what point are we going to decide that new and more amusing license agreements aren't going to solve any problems? If you want to publish a political viewpoint, that's great, but using a software license agreement to do it is just silly.

  • builds on? (Score:5, Informative)

    by Xtifr ( 1323 ) on Sunday December 01, 2002 @05:25PM (#4789096) Homepage
    This may be derived from free software licenses, but it's NOT a free software license (any more that a license that forbids commercial use is a free software license), so to say that it "builds on" free software licenses is a misnomer. This license fails the FSF's tests [gnu.org] (test 0), the Debian Free Software Guidelines [debian.org] (section 6), and that lame rip-off of Debian, the Open Source Definition [opensource.org] (again section 6, by an amazing coincidence). At best, it might be a variant of semi-free [gnu.org] software.

    This is not news -- non-free-software has been around for years! These people have simply found another way to antagonize the free software community AND the proprietary software community simultaneously. Yay.

    I can't help but think that this would be 10x as effective if they followed vim's [vim.org] lead, and made their software into "charityware", asking for voluntary donations to the human rights organization(s) of their choice. But whatever.
  • by autopr0n ( 534291 ) on Sunday December 01, 2002 @05:27PM (#4789107) Homepage Journal
    Omar: "Osama, Hacktavismo changed their software to prevent human rights violators from using stenography software we've been working with!! Now what will we do? Peace be upon Mohammad!" Osama: "Praise Allah. What's a human right?" Omar: "You know, like we've been complaining about the US keeping from Iraqis!" Osama: "Oh, this is indeed bad news. Without stenography, we can't communicate with sleeper cells around the world" Omar: "I know, even though Copyright is not a part of Sharia, we should not violate this license." Osama: "Indeed. Killing people is one thing, but violating a software license? That's just wrong?"
  • by autopr0n ( 534291 ) on Sunday December 01, 2002 @05:31PM (#4789136) Homepage Journal
    Omar: "Osama, Hacktavismo changed their software to prevent human rights violators from using stenography software we've been working with!! Now what will we do? Peace be upon Mohammad!" Osama: "Praise Allah. What's a human right?" Omar: "You know, like we've been complaining about the US keeping from Iraqis!" Osama: "Oh, this is indeed bad news. Without stenography, we can't communicate with sleeper cells around the world" Omar: "I know, even though Copyright is not a part of Sharia, we should not violate this license." Osama: "Indeed. Killing people is one thing, but violating a software license? That's just wrong!" Omar: "I guess this is an end to our world wide terror network" Osama: "Ah well, it was bound to happen sometime. Lets go get drunk."
  • who decides? (Score:3, Insightful)

    by RestiffBard ( 110729 ) on Sunday December 01, 2002 @05:32PM (#4789142) Homepage
    how do you decide if you're violating human rights? To us, obviously China violates human rights. Bhutan, violates human rights. Does France? Does Canada? Do the U.S.? everyone has a different opinion.
  • Clever, but Sad (Score:3, Insightful)

    by serutan ( 259622 ) <snoopdoug@geekaz ... minus physicist> on Sunday December 01, 2002 @06:24PM (#4789393) Homepage
    It's kind of a brainy idea, but the mere idea of using legal nitpicks as a tool to get people to treat each other like human beings highlights the pitiful state our world is in. I would hate, for example, to think that the DMCA was all that stood between me and getting lynched.
  • by SLi ( 132609 ) on Sunday December 01, 2002 @07:01PM (#4789613)
    In addition to the rather obvious non-free nature of this license (because the field of endeavour issue, because it mandates strong cryptography and forbids "filtering", even because of horrible vaguety, etc) this license has more problematic clauses, some of which are (in no particular order):

    1. The license claims that dual licensing under the GPL and HESSLA has the advantage "that it will enable developers to produce hybrid software packages (combining the functionality available through, say, Hacktivismo's Six-Four APIs, with some of the functionality of one or more popular GPL-licensed communications programs) and to release the hybrid packages under the HESSLA, without causing those developers to run afoul of the GPL, the HESSLA or both."

    Am I just reading the text wrong, or have they just claimed you're allowed to take non-dual-licensed GPL code from a communications program, bundle it with some GPL&HESSLA code and some HESSLA-only code and release it under HESSLA? That's just plain wrong and absurd, since HESSLA is obviously nyt GPL compatible.

    2. In several places, the license text claims you essentially must have accepted the license agreement even before having obtained the software (and therefore the accompanying license _agreement_). This is not how agreements work, especially if it's possible to obtain the software in a way which doesn't otherwise infringe the exclusive rights of the copyright owner (e.g. by buying).

    3. You may not use the software for "10.1.5 censorship or "filtering" of any published information or expression."

    This seems to forbid even things like parents installing filters for their children, and even more obviously ethical uses (how about setting up a filter just for yourself, to protect yourself?).

    And the worst:

    4. "15. Subsequent Versions of HESSLA. Hacktivismo may publish revised and/or new versions of the Hacktivismo Enhanced-Source Software License Agreement from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. Any Program released by Hacktivismo under a version of this License Agreement prior to Version 1.0, shall be considered released under Version 1.0 of the Hacktivismo Enhanced-Source Software License Agreement, once Version 1.0 is formally released."

    In other words, "we believe there's a binding contract between us, and by this clause we are allowed to change the terms of our contract whenever we so wish". This is plainly unacceptable (and probably even unenforceable), whether the license be an open source license or a horribly non-free one. Note that this is very different from the way GPL is usually applied; with GPL, the _licensee_ can decide which version to use (e.g. "version 2 of the License, or (at your option) any later version").

    Especially because of the last point, I believe that nobody should touch software released under this license. I would of course recommend staying away from it even after license version 1.0 is released, but especially before that
  • by tlambert ( 566799 ) on Sunday December 01, 2002 @07:59PM (#4789899)
    The cool thing about human rights violations is that they are something your political opponents engage in, never something you do.

    -- Terry
  • Point of order... (Score:4, Insightful)

    by ttfkam ( 37064 ) on Sunday December 01, 2002 @09:25PM (#4790279) Homepage Journal
    If you're willing to hang someone upside-down from their toenails, would you really care about the license terms of some software?

    Their hearts are the right place, but c'mon! Let's say Amnesty International comes forward saying that Regime X violates human rights. Then you find out that Regime X is using your software. Do you believe that Regime X, torturer of thousands, gives a rats ass about some programmer's licence terms?

    Do you think that your government is going to say, "Well sure, they sodomize children in the factories, but let's try economic sanctions because of their software license violations."

    -----

    On a side note, the U.S. is routinely criticized for the continued use of the death penalty, the living conditions of prisoners, domestic spying, imprisonment without due process, and other sundry items. Since the U.S. is a democratic republic, does that mean that everyone in the U.S. is forbidden the use of this software due to their complicity in human rights violations?
  • Real Bad Idea (Score:3, Interesting)

    by rlp ( 11898 ) on Sunday December 01, 2002 @10:16PM (#4790459)
    This summer during my extended period of unemployment I developed a couple of applications . One was a Java-based Web server [sourceforge.net] and one was a Java-based Web spider [sourceforge.net].

    I gave some thought to the whole licensing issue - what if the apps were misused, or used for purposes that I might not agree with? What if they were used by terrorists, or hate groups, or criminals, or the RIAA? In the end I put them out under the GPL. Here's the rationale for my decision:

    1) I'm not Robert Oppenheimer ("Physicists have known sin, and this is a knowledge which they cannot lose.") and the apps are not WMD's.

    2) The type of people that might misuse the apps are unlikely to honor my license anyway.

    3) Enforcement of the licence is at best, likely to be very difficult.

    4) Restrictions on who is allowed to use an application could easily get out of hand. I do not look forward to the day, when I want to use an OSS app - only to discover it's only licensed to left-handed female Otaku freemasons.

    Personally, I think if an OSS application has legitimate non-destructive uses, it should be licensed in a manner that does not restrict who can use it. The type of restrictions proposed will only lead to political correctness that will undermine the whole OSS movement.
  • why not just... (Score:3, Insightful)

    by Ender Ryan ( 79406 ) <MONET minus painter> on Sunday December 01, 2002 @11:58PM (#4790849) Journal
    Why not just state in the license that no politicians are allowed to use the product?

    I'm sort of joking... sort of serious.

    On the serious side, you cannot honestly argue that ANY government on this planet has not committed human rights abuses. People keep blathering on and on about what country did what, but that's folly, and simply reaks of agenda pushing.

    And on that note, this whole discussion is ridiculous as this is so obviously an extremely stupid idea; every government has their own definition of "human rights", and this "license" will not be worth a damn.

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