linux-kernel - Re: Code of Conduct: Let's revamp it.

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Message-ID: <CAMjeLr-a4cCrs0cF0aBRoeeXXLwiM835BXqhP9ZoeLB8=w=YKw@mail.gmail.com>
Date:   Mon, 24 Sep 2018 13:59:05 -0500
From:   "\\0xDynamite" <dreamingforward@...il.com>
To:     Bernd Petrovitsch <bernd@...rovitsch.priv.at>
Cc:     "jonsmirl@...il.com" <jonsmirl@...il.com>,
        Theodore Tso <tytso@....edu>, fche@...hat.com,
        riel@...riel.com, ec429@...tab.net,
        Olof Johansson <olof@...om.net>,
        Jonathan Corbet <corbet@....net>,
        lkml <linux-kernel@...r.kernel.org>
Subject: Re: Code of Conduct: Let's revamp it.

>> * Publishing others’ private information, such as a physical or
>> electronic
>> address, without explicit permission
>
> I need an (explicit) permission to "publish" an already published email
> address which is already world-wide known because it can be found by the
> simplest and worst search engine as the email address is in public
> mailing list archives and git repos?
>
> Sounds pretty absurd as the people themselves already published their
> email address.
>
> IMHO you cannot "publish" already published stuff.

The notion of being "published" means at least these two things:  1)
you INTEND it to be PUBLIC, 2) you made it available to the PUBLIC.

A semi-private email list is a boundary area of being public.  Just
like a memo distributed within a university department.  Participants
in the latter have some reasonable expectation that the material is
not being published in the larger public sphere beyond actions of the
trusted participants involved (which might share it in a limited
fashion as a personal note).

So, is code a *published* item?  Most of the public can't read it.
It is often not intended for the public, per se, only a specialized
COMMUNITY.  Because once published, it belongs to copyright and fair
use (THAT sticky little wicket).

Mark