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    Business

    Free as in Freedom

    A bi-weekly discussion of legal, policy, and other issues in the open source and software freedom community (including occasional interviews) from Brooklyn, New York, USA. Presented by Karen Sandler and Bradley M. Kuhn.

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    Copyright: © 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2018, 2019, Free as in Freedom. Licensed under a Creative Commons Attribution-Share Alike 3.0 USA License.

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    Latest Episodes:
    Episode 0x13: Torts and 1023s Jul 05, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    Karen and Bradley discuss the USAmerican legal system in regard to torts, and the current delays from the USA IRS on 501(c)(3) non-profit applications (i.e., Form 1023s).

    Show Notes:

    Segment 0 (00:48)

    • Billy Crook wrote in to make a good joke about 0x12 being the last episode available in other RSS feeds. (Don't forget the right RSS feed is at faif.us.)
    • Karen calls tortes delicious pastries.
    • Bradley saw a documentary called Hot Coffee, which discussed the idea of tort deform. (03:35, 05:45)
    • Bradley mentioned that Karl Rove, George W. Bush's political operative, was involved in early tort “reform”. (06:54)
    • Brendan Scott is a lawyer in Australia, who has published about GPL enforcement and writes a blog about legal issues related to Open Source and Free Software (11:58)

    Segment 1 (12:50)

    • Bradley talked about 501(c)(3) status and Form 1023s in his interview on FLOSS weekly. (13:50)
    • Around 2010, applications for Free Software non-profits' 501(c)(3) status started to be delayed, according to independent evidence that Karen and Bradley have collected from the IRS and the community of non-profits. (16:20)
    • Form 1023s are the applications you file with the IRS (17:15)
    • As far as we know, no applications have been refused yet for a Free Software non-profit, but there seem to be extremely long delays. (18:40)
    • Bradley mentioned a blog post from the Executive Director of CASH Music, where he talked about their Form 1023 being delayed. (19:10)
    • Karen has confirmed with IRS agents that this process of applications does not impact existing non-profits currently. (21:00)
    • Bradley pointed out that COBOL jobs are still very prevalent. Bradley even found a website dedicated only to COBOL jobs. (36:18)
    • After we recorded, Simon Phipps posted a blog post quoting Bradley about the issue
    • .

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


    Episode 0x12: Karen's New Job; Supreme Court on Patents Jun 21, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    Karen announces her new job, and Bradley and Karen discuss the recent USA Supreme Court decisions on patents.

    Be sure to make sure you're subscribed to feeds available on faif.us if you haven't already!

    Show Notes:

    Segment 0 (00:37)

    • If you have not moved your RSS feed already away from softwarefreedom.org, and to faif.us, you should do that now! Here's links to the ogg RSS feed and mp3 RSS feed. New FaiF shows won't appear on softwarefreedom.org.
    • Karen is now the Executive Director of the GNOME Foundation. (04:30)
    • Bradley served on the GNOME Foundation Executive Director Hiring Committee, but resigned when Karen became a serious candidate. (05:13)
    • Karen will continue as General Counsel of Question Copyright, and pro-bono counsel to Software Freedom Conservancy, and will also continue pro bono on some matters for SFLC. (06:30)
    • Bradley has been working on GNU Bash. (07:34)
    • Berlin's Tegel airport is closing soon. (14:40)
    • Bradley mentioned that he incorrectly said in 0x11 that Red Hat doesn't provide sources publicly for RHEL. The RHEL SRPMS are actually on Red Hat's FTP site. (18:20)
    • There are various identica threads on the RHEL issue from 0x11.(18:47)
    • Bradley has previously explained the history of the term “punditocracy” in episode 0x0A. (27:46)

    Segment 1 (28:58)

    • Bradley and Karen discuss the USA Supreme Court decision in the Global-Tech Appliances, Inc. v. SEB S. A. case, on which SFLC submitted an amicus brief, which was previously discussed in FaiF Episode 0x05. (29:55)
    • Bradley and Karen discuss the USA Supreme Court decision in the Microsoft Corp. v. i4i Ltd. Partnership case, on which the EFF submitted an amicus brief. (40:11)

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


    Episode 0x11: Corporate Licensing Decisions That Impact the Project's Community Jun 07, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    Dan Lynch (filling in for Karen) and Bradley discuss a few examples where licensing decisions by companies impacts the health of the software development community.

    Show Notes:

    Segment 0 (00:00:36)

    • Dan interviewed the CentOS developers on FLOSS Weekly. (00:05:52)
    • Bradley has a blog post that describes RHEL licensing model. His previous blog post to that one, while mostly off-topic here, has a few points of interest. (00:10:36)
    • Dan Lynch mentioned The Smoking Man from the The X Files television series. (00:17:22)
    • Bradley mentioned that Lennart Poettering is a Red Hat employee working on systemd, which is now in Fedora, but not in RHEL yet (as far as we know). (00:18:53)
    • Bradley suggested that developers starting projects read Karsten Wade's The Open Source Way, and Karl Fogel's Producing Open Source Software: How to Run a Successful Free Software Project, and Bradley's blog post about developing in public. (00:22:16)
    • Dan and Bradley briefly discussed copyright abolition. Dan mentioned Stallman's writing on the Pirate Party's copyright positions.

    Segment 1 (00:32:30)

    • Bradley briefly discussed the history of StarOffice, and the creation of OpenOffice.org. (00:33:40)
    • Bradley explained issues related to the LibreOffice fork of OpenOffice.org. (00:37:30)
    • Bradley has talked about how proprietary relicensing is very dangerous (00:39:50)
    • Fedora, Ubuntu, and OpenSUSE all switched to LibreOffice as a default. Bradley didn't know at recording time that the OpenOffice package in wheezy is a transition package to switch to LibreOffice. (00:41:24)
    • Bradley and Dan mentioned a blog post by IBM's Rob Weir that misquotes the FSF to support IBM's positions on the OO.o relicensing issue. (00:58:26)
    • Bradley mentioned the idea that Apache-2.0 work can be relicensed under LGPLv3-or-later, as he discussed in his blog post about the OO.o relicensing (01:00:45)
    • Dan mentioned Jeremy Allison's comment on the aforementioned post on Rob Weir's blog. (01:02:08)

    Segment 2 (01:16:09)

    Bradley thanked Dan, on behalf of Karen, for all his work to make Free as in Freedom possible.

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


    Episode 0x10: Linux License Violations May 24, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    Dan Lynch (filling in for Karen) and Bradley play and discuss Matthew Garrett's talk GPL Violations: What Are We Doing? (aka Linux License Violations) from the Linux Collaboration Summit 2011.

    If you want to listen to only the off-topic parts of this oggcast, please download the FaiF 0x10 Off-Topic Remix.

    Show Notes:

    Segment 0 (00:34)

    • FaiF Producer Dan Lynch is filling in for Karen as co-host this week. (00:43)
    • Karen got married on the day Dan and Bradley recorded the oggcast. (01:03)
    • Dan is also known as the co-host of Linux Outlaws, host of Rat Hole Radio, and occasional co-host of FLOSS Weekly. (02:05)
    • Bradley mentioned Dick Van Dyke's admission (06:56)

    Segment 1 (08:05)

    • This segment is Matthew Garrett's talk GPL Violations: What Are We Doing? (aka Linux License Violations) from the Linux Collaboration Summit 2011.
    • Matthew Garrett released the slides from his talk which you can follow along with during the talk.

    Segment 2 (51:29)

    • Bradley mentioned that Matthew is particularly interested in the GPL violations on Android/Linux devices that he's found. (52:57)
    • Bradley mentioned Greg Kroah-Hartman's GPL enforcement against Microsoft, which Bradley also blogged about a few years ago. (55:51)
    • Dan asked Bradley about DMCA usage in GPL enforcement. Bradley explained that there is a process called DMCA takedown that Matthew was discussing. (57:30)
    • Dan and Bradley discussed the Linux Foundation Open Compliance Program. (1:05:05)
    • Bradley mentions that he is completely opposed to criminal penalties for copyright infringement, and mentioned his ACTA commenting blog post. (1:12:13)
    • Bradley and Dan discussed the Sony DVD rootkit. (1:15:17)
    • Karen's wedding invitation got some press since it was a working record player. (1:16:58)
    • Karen and Mike's wedding song is at the end of the oggcast, but you can also download the song from the wedding website. (1:21:08)

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


    Episode 0x0F: Why Samba Switched to GPLv3 May 10, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    This episode is a recording of Jeremy Allison's talk, Why Samba Switched to GPLv3 from the 2011 Linux Collaboration Summit, with some commentary from Bradley and Karen on the talk.

    Show Notes:

    Ironically (or perhaps appropriately), Bradley was at Samba XP with Jeremy the day this show was released. So, there he wasn't able to get show notes together in detail for this show.

    However, Jeremy's slides from the talk are available (in PDF), and also ODP format. So, you can follow along with it in the talk.

    Also, you may be interested to read Bradley live-dent'd Jeremy's talk, so the discussion there might be useful to read as well.

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


    Episode 0x0E: Open Source Projects and Corporate Entanglement Apr 26, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    This episode is a recording of Richard Fontana's talk, Open Source Projects and Corporate Entanglement from the 2011 Linux Collaboration Summit, with some commentary from Bradley and Karen on the talk.

    Show Notes:

    Segment 0 (00:34)

    • Bradley is still recovering from a rhinovirus which he didn't take care of and also made him sicker, which explains the problems with his voice. In fact, the coughing in the background during Fontana's talk is all Bradley. He apologizes. (00:50)
    • This show is Richard Fontana's Linux Collaboration Summit 2011 talk, Open Source Projects and Corporate Entanglement. (03:24)

    Segment 1 (03:48)

    • Richard Fontana's slides for his talk, Open Source Projects and Corporate Entanglement are available on his website. (04:29)
    • Bradley was live-denting Fontana's LCS talk. (04:31)
    • Richard Fontana is the purveyor of the disturbing group on identi.ca. (04:30)
    • Fontana makes reference to a Bradley's blog post on switching back to Debian from Ubuntu. (05:55)
    • Fontana pointed out that the GNU Manifesto deals a lot with how Free Software is completely compatible with many business models. (12:30)
    • Fontana pointed out that many of the relationships between companies in Free software have great variability in level of transparency. (16:00)
    • In the background, you hear Bradley saying something. He's giving Josh Berkus credit for the phrase throw code over the wall, a phrase which both Fontana and Bradley now use regularly. (32:28)

    Segment 2 (48:25)

    • Fontana made an interesting analogy to commissioned art and its similarity to FLOSS. (50:33)
    • Fontana noted later on identica that he does support non-profit as solution to entanglement problem. (54:48)
    • Bradley mentioned the 60 Minutes story about Mortenson's Central Asia Institute (CAI). (55:30)
    • Fontana now talking about GE/NBC relationship, but Bradley was surprised that Fontana didn't mention Ben Bagdikian's book, The Media Monopoly. (18:26, 56:30)
    • Bradley was glad that Fontana called proprietary relicensing illegitimate. Bradley points out that sometimes community members, including himself, have too easily forgiven business models on the edges of software freedom. (25:13, 30:50 58:30)

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


    Episode 0x0D: NDAs Apr 12, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    This episode is a recording of Karen's talk, Sign on the Dotted Line: NDAs and Free and Open Source Software from the 2011 Linux Collaboration Summit.

    Show Notes:

    Segment 1 (01:33)

    You can download a copy of Karen's slides from the talk if you'd like to follow along.

    Here's a listener donated transcription of one of the questions:

    [23:14]
    [indistinct] Signed up [indistinct] At Google you can opt out. Some of the people are You cannot actually [indistinct]

    [29:53] On some NDAs you can have sections that say you are not allowed to use open source software and not allowed to write open source software, but the company is hiring you to do exactly this.

    [30:12] In NDAs. I'm a consultant, and so I get a lot of NDAs on my desk. I know at least 5 large semiconductor companies who have this paragraph inside that forbid you to look at open source software and its clear that open source software is a clause for the death penalty when they're hiring you as a consultant to write drivers in the Linux kernel.

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


    Episode 0x0C: Disturbing Debates Mar 29, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    Bradley and Karen discuss two debates going on in the free and open source software community. One recent and seemingly inflated, and one long and confusing.

    Show Notes:

    Segment 1 (03:12)

    • Bradley wrote a blog post about the Bionic issues that were raised. (03:44)
    • On the old oggcast, Karen and Bradley discussed the Android/Linux system and Bionic specifically. (04:09)
    • Karen mentioned an old oggcast where permissive vs. copyleft licensing was discussed. (06:19)
    • Jake Edge wrote an LWN article that discussed Bionic (07:58)
    • Bradley mentioned Raymond Nimmer's blog that started the debate (10:52)
    • Bradley also mentioned Edward Naughton's blog post and paper on Bionic. (11:38)
    • Raymond Nimmer is not David Nimmer, who is known for writings on copyright (18:10)
    • There is now an disturbing group on identica, which is more disturbing than a tag about disturbing. (19:15)
    • Joe Brockmeier did some research on Edward Naughton's ties to Microsoft. (20:05)
    • Karen mentioned a paper on deep legal analysis of header files and on originality requirements in copyright (24:40)

    Segment 2 (26:07)

    • Karen wanted to clear up some confusion about the discussion last episode about the “Open Source” and “Free Software” terminology.

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


    Episode 0x0B: Free Software Project Non-Profit Existence Mar 15, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    Bradley and Karen have an introductory discussion on how non-profit governance interacts with Free Software projects and what issues are important for developers who want their project to have a non-profit existence.

    Show Notes:

    Segment 0 (00:37)

    • Bradley and Karen began the discussion by commenting on this blog post by Andy Updegrove about non-profit governance. (01:50)
    • Bradley and Karen tend to agree that non-profit settings are better places to foster and help Free Software development. (03:40)
    • Bradley mentioned that Roland McGrath wrote GNU C Library (and other GNU programs) while working as an employee at the FSF, and many of those programs are now often maintained by Red Hat (or other company's) developers, under the auspices of the GNU project, as overseen by the FSF. (04:50)
    • Corporate form and organization questions should be secondary to project leadership ones. (09:50)
    • One of the most important things is to have an organization in a place where people are willing to do the work to keep the organization going. (20:10)
    • Enthusiasm to keep the organization running is the most important resource for running the organization. (22:26)

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


    Episode: 0x0A: Windows Mobile Windows Phone 7 Series Application Store Mar 01, 2011
    Show notes

    [Direct download of cast in Ogg/Vorbis
                                          format] [Direct download of cast in MP3 format]

    Bradley and Karen discussed the Windows Phone 7 Application Store terms and conditions which prohibit GPL'd and other copylefted software in the application store.

    Show Notes:

    Segment 0 (00:35)

    • Karen and Bradley discussed the Microsoft Phone Marketplace agreement, which was heavily covered in news and blogs. (02:50)
    • Karen quoted directly from the § 1(l) from the Windows Phone Marketplace Application Provider Agreement (03:20)
    • Bradley credited Jello Biafra with coining the term “punditocracy”, but it seems to have been first used by Charles Reynell in The Economist in 1989 and popularized by Eric Alterman in his 1992 book, Sound & Fury: The Making of the Punditocracy.
    • Bradley mentioned the brouhaha about the order of succession after Regan was shot in 1981. (Bradley incorrectly said 1980 on the show.) (09:47)
    • Karen and Bradley previously discussed the Apple Online Store agreement on FaiF Episode 0x03.
    • Bradley mentioned that the arm port of Windows 7 isn't even done (21:30)
    • According to a Canalys study quoted on Wikipedia's Smartphone entry, RIM is only 14% of the market now, when it was previously much larger. Symbian is still the largest, surprisingly. (25:21)
    • K-9 Mail is a fork of the last Free Software version of Google's Android Mail application. (30:21)
    • Bradley compared what's happening with Android to the history of X Windows (31:40)
    • Bradley joked about the naming length controversy for the Windows Phone 7. (33:00)
    • Steve Ballmer strangely kept saying: The operating system is called Windows while talking to market analysis back in July 2010. (36:04)

    After the show was recorded, there was an announcement that Microsoft would allow employees to build their own companies writing Windows 7 Series Windows Mobile applications.

    Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on identi.ca and and Twitter.

    Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

    Creative Commons License The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).


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