California (open source) law...

[fu11m00n]

Today... I had to put a disclaimer on my Sourceforge page project.

Disclaimer... this project is prohibted in all jurisdictions that seek to regulate open source
operating systems instead of browsers... sites or hardware platforms (eg... phones/pc's).

American states like California... Texas... Colorado... New York and others
(eg... countries like Brazil) are trying to regulate open source projects.

I got the idea of indemnification from Midnight BSD which addressed the draconian regulation issue with a disclaimer.

IMHO... only browsers... sites and/or hardware platforms should be regulated and/or sanctioned.

[vinnie]

I totally agree and probably this is the best way to deal with this things

[fu11m00n]

@ vinnie... thanks.

IMHO... I truly believe Midnight BSD got it spot on.
Putting responsibility exactly where is belongs... the "user".

I do not personally believe the job of a project maintainer is policing the end users decisions.
Open source is not a product therefore there is no warranty or obligations (only ethos).

On my project page it's what it says right on the tin... "you break it you bought it".
Or as Spiderman's uncle would say... "with great power comes great responsibility".

As a maintainer I take the StarTrek mindset of... "the many are prioritzed over the few".
Also I subscribe to this principle... "do not let the perfect be the enemy of the good".

Literally... anything in life can be a asset or liability in one way or another (that's known as "use case").

These draconian laws (which Meta weaponized when they hired lobbyists for their shareholders)
throw the baby out with the bath water in a way that would make King Solomon proud.

I just don't see the point in putting parental training wheels or Meta's (NSA) backdoors on open source.
That's why I'm a big fan of Libreboot/Coreboot (which does away with the OEM chipmakers ME/PSP... Minix backdoor).

In closing... if I make baseball bats I do not want to be held liable for a disgruntled batter using one on the umpire.

[vinnie]

Unfortunately, midnightbsd has already backtrack and implemented this thing.
However, more and more distros are opposing this, so we’ll clearly have a list of software that doesn’t want to spy on you (including slackware! the last good major distro).

And I agree that developers should shift the responsibility to end users.
It's funny that when they created the cookie law, they asked every website in the world to comply, but didn't require those three or four browsers to create a standardized system for managing cookie consent.
Now, however, as luck would have it, they're targeting developers, maybe because they're afraid of causing a huge uproar reaching out to many people.

[fu11m00n]

I created a new license (I use it for my scripts) to address the conflict..

Code: Select all

# "Emeritus" Attribution: Anonymous
#
# Emeritus License
# Version 2.62
# 
# 1. Grant of License
# Permission is hereby granted, free of charge, to any person
# obtaining a copy of this software and associated documentation files
# (the "Software"), to deal in the Software without restriction,
# including without limitation the rights to use, copy, modify, merge,
# publish, distribute, sublicense, and/or sell copies of the
# Software, and to permit persons to whom the Software is
# furnished to do so, subject to the following conditions:
#
# 2. Mandatory Anonymous Modification
# Any person or entity who modifies the Software ("the Modifier")
# is strictly required to do so anonymously. No identifying
# information, including but not limited to names, handles, digital
# signatures, or contact information, shall be attached to the
# modified code or the commit history. The Modifier may
# choose to keep their modifications closed-source or distribute them
# publicly; however, in both instances, the requirement for complete
# anonymity of the author of said modifications remains mandatory.
#
# 3. Attribution and Enterprise Consolidation
# (i) Open-Source: Non-Enterprise modifiers are permitted to
# distribute derivatives under any name, provided the 
# Original Author remains the exclusive attribution.
# (ii) Enterprise: Enterprise Entities are strictly prohibited
# from using, deploying, or distributing the Software under 
# any name other than the Original Name. All Enterprise 
# attribution remains the Original Author exclusively.
#
# 4. License Inclusion
# This License must be included in its entirety in all copies or 
# substantial portions of the Software
#
# 5. Jurisdictional Liability ("Lex Loci Delecti")
# Use of this software is not granted in open source regulated 
# juridictions. The User assumes all responsibility and liability for 
# compliance with local laws. Any legal consequences arising from the 
# use of the Software are the sole responsibility of the User.
#
# 6. No-Fault Attribution ("Chain Of Custody")
# The Author assumes no duty to monitor, gatekeep, or restrict 
# access. Use of this Software by a minor, whether authorized by 
# a guardian or obtained through the guardian’s lack of oversight,  
# shall not constitute fault on the part of the Author. Total and 
# absolute fault for any such use is attributed to the User/Guardian 
# as a failure of custodial supervision.
#
# 7. Disclaimer of Warranty
# THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF
# ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
# TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
# PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS
# OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES
# OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
# TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
# CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
# DEALINGS IN THE SOFTWARE.
#
# Note: This license is designed to ensure the Software
# remains a "living" entity that evolves through the contributions
# of the anonymous many, while compensating the original creator(s)
# and maintaining a singular, unchangeable identity for Enterprise.
#
# ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

# 5. Jurisdictional Liability
# The User assumes all responsibility and liability for compliance
# with local laws. Any legal consequences arising from the use of
# the Software are the sole responsibility of the User.

The solution is provision 5. This puts the onus back on the user.
Every store has this unwritten rule... "You broke it... you bought it".
It should be the same with open source.

[fu11m00n]

Things have gotten worse.

A new Bill (H.R. 8250) has been introduced in the US Congress which sseks to regulate open source projects.

[fu11m00n]

I have created a license for my website...

Code: Select all

# The Bodega "Crumbsnatcher" License... 
# (aka. "you broke it...you bought it").
#
# 1. Jurisdictional Liability ("Lex Loci Delecti")
# Use of this software is not inherently granted, only its 
# possession and acquisition. Its use is explictly prohibited in 
# open source regulated jurisdictions. The User (and/or by "proxy") 
# assumes all responsibility and liability for compliance with 
# local laws. Any legal consequences arising from the use of this 
# Software is the sole responsibility of the User.
#
# 2. No-Fault Attribution ("Implied Chain Of Custody")
# By the use of this software by "proxy" the "Guardian" agrees... 
# the "Author" assumes no duty to monitor, gatekeep, or restrict 
# access. Use of this software by a minor, whether authorized 
# by a "Guardian" or obtained by "proxy" through the "Guardian’s" 
# lack of oversight, shall not constitute liability on the part 
# of the "Author". Total and absolute fault for any such use is 
# attributed to the "Guardian" as a failure of custodial 
# supervision.
#
# 3. Indemnification ("Impiled Accountability")
# By use of the Software the User (and/or by "proxy") agrees... to 
# indemnify, defend, and hold harmless the original authors and 
# any contributors from and against any and all claims, liabilities, 
# damages, losses, or expenses (including reasonable attorney's fees)
# arising out of or in any way connected with the use, modification, 
# or distribution of the Software.
#
# 4. Status as a Passive Repository ("Lex Locti Rei Sitae")
# The Author maintains the "Download" host as a passive repository 
# of "protected speech". This is not an active service, storefront, 
# or distribution hub. The Author does not "export" software; 
# rather, the User (or their "proxy") initiates a "pull" request to 
# acquire data from a offshore archive. The act of "pulling" data 
# constitutes an Act of Importation by the User (and/or their 
# "proxy") at their own legal peril. Any acquisition by a minor is 
# deemed a Proxy Action of the "Guardian".
#
# 5. Disclaimer of Warranty
# THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF
# ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
# TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
# PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS
# OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES
# OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
# TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
# CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
# DEALINGS IN THE SOFTWARE.

[fu11m00n]

In the process of offshoring my repo. Currently my cloud is in Switzerland. And my landing page is in Canada.
I'm trying to set up a mirror in Taiwan. I haven't decided yet on a ftp.

[fu11m00n]

To host my repo I use a service called Infomaniak. Their servers are located in Switzerland.
I used to use Protonmail (a Swiss company) but their servers were located in the U.S.