Governing Values-Centered Tech Non-Profits; or, The Route Not Taken by FSF

A few weeks ago, I interviewed my friend Katherine Maher on leading a non-profit under some of the biggest challenges an org can face: accusations of assault by leadership, and a growing gap between mission and reality on the ground.

We did the interview at the Free Software Foundation’s Libre Planet conference. We chose that forum because I was hopeful that the FSF’s staff, board, and membership might want to learn about how other orgs had risen to challenges like those faced by FSF after Richard Stallman’s departure in 2019. I, like many others in this space, have a soft spot for the FSF and want it to succeed. And the fact my talk was accepted gave me further hope.

Unfortunately, the next day it was announced at the same conference that Stallman would rejoin the FSF board. This made clear that the existing board tolerated Stallman’s terrible behavior towards others, and endorsed his failed leadership—a classic case of non-profit founder syndrome.

While the board’s action made the talk less timely, much of the talk is still, hopefully, relevant to any value-centered tech non-profit that is grappling with executive misbehavior and/or simply keeping up with a changing tech world. As a result, I’ve decided to present here some excerpts from our interview. They have been lightly edited, emphasized, and contextualized. The full transcript is here.

Sunlight Foundation: harassment, culture, and leadership

In the first part of our conversation, we spoke about Katherine’s tenure on the board of the Sunlight Foundation. Shortly after she joined, Huffington Post reported on bullying, harassment, and rape accusations against a key member of Sunlight’s leadership team.

[I had] worked for a long time with the Sunlight Foundation and very much valued what they’d given to the transparency and open data open government world. I … ended up on a board that was meant to help the organization reinvent what its future would be.

I think I was on the board for probably no more than three months, when an article landed in the Huffington Post that went back 10 years looking at … a culture of exclusion and harassment, but also … credible [accusations] of sexual assault.

And so as a board … we realized very quickly that there was no possible path forward without really looking at our past, where we had come from, what that had done in terms of the culture of the institution, but also the culture of the broader open government space.

Katherine

Practical impacts of harassment

Sunlight’s board saw immediately that an org cannot effectively grapple with a global, ethical technological future if the org’s leadership cannot grapple with its own culture of harassment. Some of the pragmatic reasons for this included:

The [Huffington Post] article detailed a culture of heavy drinking and harassment, intimidation.

What does that mean for an organization that is attempting to do work in sort of a progressive space of open government and transparency? How do you square those values from an institutional mission standpoint? That’s one [pragmatic] question.

Another question is, as an organization that’s trying to hire, what does this mean for your employer brand? How can you even be an organization that’s competitive [for hiring] if you’ve got this culture out there on the books?

And then the third pragmatic question is … [w]hat does this mean for like our funding, our funders, and the relationships that we have with other partner institutions who may want to use the tools?

Katherine

FSF suffers from similar pragmatic problems—problems that absolutely can’t be separated from the founder’s inability to treat all people as full human beings worthy of his respect. (Both of the tweets below lead to detailed threads from former FSF employees.)

Since the announcement of Stallman’s return, all top leadership of the organization have resigned, and former employees have detailed how the FSF staff has (for over a decade) had to deal with Richard’s unpleasant behavior, leading to morale problems, turnover, and even unionization explicitly to deal with RMS.

And as for funding, compare the 2018 sponsor list with the current, much shorter sponsor list.

So it seems undeniable: building a horrible culture has pragmatic impacts on an org’s ability to espouse its values.

Values and harassment

Of course, a values-centered organization should be willing to anger sponsors if it is important for their values. But at Sunlight, it was also clear that dealing with the culture of harassment was relevant to their values, and the new board had to ask hard questions about that:

The values questions, which … are just as important, were… what does this mean to be an organization that focuses on transparency in an environment in which we’ve not been transparent about our past?

What does it mean to be an institution that [has] progressive values in the sense of inclusion, a recognition that participation is critically important? … Is everyone able to participate? How can we square that with the institution that are meant to be?

And what do we do to think about justice and redress for (primarily the women) who are subjected to this culture[?]

Katherine

Unlike Sunlight, FSF is not about transparency, per se, but RMS at his best has always been very strong about how freedom had to be for everyone. FSF is an inherently political project! One can’t advocate for the rights of everyone if, simultaneously, one treats staff disposably and women as objects to be licked without their consent, and half the population (women) responds by actively avoiding the leadership of the “movement”.

So, in this situation, what is a board to do? In Sunlight’s case:

[Myself and fellow board member Zoe Reiter] decided that this was a no brainer, we had to do an external investigation.

The challenges of doing this… were pretty tough. [W]e reached out to everyone who’d been involved with the organization we also put not just as employees but also trying to find people who’ve been involved in transparency camps and other sorts of initiatives that Sunlight had had run.

We put out calls for participation on our blog; we hired a third party legal firm to do investigation and interviews with people who had been affected.

We were very open in the way that we thought about who should be included in that—not just employees, but anyone who had something that they wanted to raise. That produced a report that we then published to the general public, really trying to account for some of the things that have been found.

Katherine

The report Katherine mentions is available in two parts (results, recommendations) and is quite short (nine pages total).

While most of the report is quite specific to the Sunlight Foundation’s specific situation, the FSF board should particularly have read page 3 of the recommendations: “Instituting Board Governance Best Practices”. Among other recommendations relevant to many tech non-profits (not just FSF!), the report says Sunlight should “institute term limits” and “commit to a concerted effort to recruit new members to grow the Board and its capacity”.

Who can investigate a culture? When?

Katherine noted that self-scrutiny is not just something for large orgs:

[W]hen we published this report, part of what we were hoping for was that … we wanted other organizations to be able to approach this in similar challenges with a little bit of a blueprint for how one might do it. Particularly small orgs.

There were four of us on the board. Sunlight is a small organization—15 people. The idea that an even smaller organizations don’t have the resources to do it was something that we wanted to stand against and say, actually, this is something that every and all organizations should be able to take on regardless of the resources available to them.

Katherine

It’s also important to note that the need for critical self scrutiny is not something that “expires” if not undertaken immediately—communities are larger, and longer-lived, than the relevant staff or boards, so even if the moment seems to be in the relatively distant past, an investigation can still be valuable for rebuilding organizational trust and effectiveness.

[D]espite the fact that this was 10 years ago, and none of us were on the board at this particular time, there is an accounting that we owe to the people who are part of this community, to the people who are our stakeholders in this work, to the people who use our tools, to the people who advocated, who donated, who went on to have careers who were shaped by this experience.

And I don’t just mean, folks who were in the space still—I mean, folks who were driven out of the space because of the experiences they had. There was an accountability that we owed. And I think it is important that we grappled with that, even if it was sort of an imperfect outcome.

Katherine

Winding down Sunlight

As part of the conclusion of the report on culture and harassment, it was recommended that the Sunlight board “chart a new course forward” by developing a “comprehensive strategic plan”. As part of that effort, the board eventually decided to shut the organization down—not because of harassment, but because in many ways the organization had been so successful that it had outlived its purpose.

In Katherine’s words:

[T]he lesson isn’t that we shut down because there was a sexual assault allegation, and we investigated it. Absolutely not!

The lesson is that we shut down because as we went through this process of interrogating where we were, as an organization, and the culture that was part of the organization, there was a question of what would be required for us to shift the organization into a more inclusive space? And the answer is a lot of that work had already been done by the staff that were there…

But the other piece of it was, does it work? Does the world need a Sunlight right now? And the answer, I think, in in large part was not to do the same things that Sunlight had been doing. …

The organization spawned an entire community of practitioners that have gone on to do really great work in other spaces. And we felt as though that sort of national-level governmental transparency through tech wasn’t necessarily needed in the same way as it had been 15 years prior. And that’s okay, that’s a good thing.

Katherine

We were careful to say at Libre Planet that I don’t think FSF needs to shut down because of RMS’s terrible behavior. But the reaction of many, many people to “RMS is back on the FSF board” is “who cares, FSF has been irrelevant for decades”.

That should be of great concern to the board. As I sometimes put it—free licenses have taken over the world, and despite that the overwhelming consensus is that open won and (as RMS himself would say) free lost. This undeniable fact reflects very badly on the organization whose nominal job it is to promote freedom. So it’s absolutely the case that shutting down FSF, and finding homes for its most important projects in organizations that do not suffer from deep governance issues, should be an option the current board and membership consider.

Which brings us to the second, more optimistic topic: how did Wikimedia react to a changing world? It wasn’t by shutting down! Instead, it was by building on what was already successful to make sure they were meeting their values—an option that is also still very much available to FSF.

Wikimedia: rethinking mission in a changing world

Wikimedia’s vision is simple: “A world in which every single human can freely share in the sum of all knowledge.” And yet, in Katherine’s telling, it was obvious that there was still a gap between the vision, the state of the world, and how the movement was executing.

We turned 15 in 2016 … and I was struck by the fact that when I joined the Wikimedia Foundation, in 2014, we had been building from a point of our founding, but we were not building toward something.

So we were building away from a established sort of identity … a free encyclopedia that anyone can edit; a grounding in what it means to be a part of open culture and free and libre software culture; an understanding that … But I didn’t know where we were going.

We had gotten really good at building an encyclopedia—imperfect! there’s much more to do!—but we knew that we were building an encyclopedia, and yet … to what end?

Because “a free world in which every single human being can share in the sum of all knowledge”—there’s a lot more than an encyclopedia there. And there’s all sorts of questions:

About what does “share” mean?

And what does the distribution of knowledge mean?

And what does “all knowledge” mean?

And who are all these people—“every single human being”? Because we’ve got like a billion and a half devices visiting our sites every month. But even if we’re generous, and say, that’s a billion people, that is not the entirety of the world’s population.

Katherine

As we discussed during parts of the talk not excerpted here, usage by a billion people is not failure! And yet, it is not “every single human being”, and so WMF’s leadership decided to think strategically about that gap.

FSF’s leadership could be doing something similar—celebrating that GPL is one of the most widely-used legal documents in human history, while grappling with the reality that the preamble to the GPL is widely unheeded; celebrating that essentially every human with an internet connection interacts with GPL-licensed software (Linux) every day, while wrestling deeply with the fact that they’re not free in the way the organization hopes.

Some of the blame for that does in fact lie with capitalism and particular capitalists, but the leadership of the FSF must also reflect on their role in those failures if the organization is to effectively advance their mission in the 2020s and beyond.

Self-awareness for a successful, but incomplete, movement

With these big questions in mind, WMF embarked on a large project to create a roadmap, called the 2030 Strategy. (We talked extensively about “why 2030”, which I thought was interesting, but won’t quote here.)

WMF could have talked only to existing Wikimedians about this, but instead (consistent with their values) went more broadly, working along four different tracks. Katherine talked about the tracks in this part of our conversation:

We ran one that was a research track that was looking at where babies are born—demographics I mentioned earlier [e.g., expected massive population growth in Africa—omitted from this blog post but talked about in the full transcript.]

[Another] was who are our most experienced contributors, and what did they have to say about our projects? What do they know? What’s the historic understanding of our intention, our values, the core of who we are, what is it that motivates people to join this project, what makes our culture essential and important in the world?

Then, who are the people who are our external stakeholders, who maybe are not contributors in the sense of contributors to the code or contributors to the projects of content, but are the folks in the broader open tech world? Who are folks in the broad open culture world? Who are people who are in the education space? You know, stakeholders like that? “What’s the future of free knowledge” is what we basically asked them.

And then we went to folks that we had never met before. And we said, “Why don’t you use Wikipedia? What do you think of it? Why would it be valuable to you? Oh, you’ve never even heard of it. That’s so interesting. Tell us more about what you think of when you think of knowledge.” And we spent a lot of time thinking about what these… new readers need out of a project like Wikipedia. If you have no sort of structural construct for an encyclopedia, maybe there’s something entirely different that you need out of a project for free knowledge that has nothing to do with a reference—an archaic reference—to bound books on a bookshelf.

Katherine

This approach, which focused not just on the existing community but on data, partners, and non-participants, has been extensively documented at 2030.wikimedia.org, and can serve as a model for any organization seeking to re-orient itself during a period of change—even if you don’t have the same resources as Wikimedia does.

Unfortunately, this is almost exactly the opposite of the approach FSF has taken. FSF has become almost infamously insulated from the broader tech community, in large part because of RMS’s terrible behavior towards others. (The list of conference organizers who regret allowing him to attend their events is very long.) Nevertheless, given its important role in the overall movement’s history, I suspect that good faith efforts to do this sort of multi-faceted outreach and research could work—if done after RMS is genuinely at arms-length.

Updating values, while staying true to the original mission

The Wikimedia strategy process led to a vision that extended and updated, rather than radically changed, Wikimedia’s strategic direction:

By 2030, Wikimedia will become the essential infrastructure of the ecosystem of free knowledge, and anyone who shares our vision will be able to join us.

Wikipedia

In particular, the focus was around two pillars, which were explicitly additive to the traditional “encyclopedic” activities:

Knowledge equity, which is really around thinking about who’s been excluded and how we bring them in, and what are the structural barriers that enable that exclusion or created that exclusion, rather than just saying “we’re open and everyone can join us”. And how do we break down those barriers?

And knowledge as a service, which is without thinking about, yes, the technical components of what a service oriented architecture is, but how do we make knowledge useful beyond just being a website?

Katherine

I specifically asked Katherine about how Wikimedia was adding to the original vision and mission because I think it’s important to understand that a healthy community can build on its past successes without obliterating or ignoring what has come before. Many in the GNU and FSF communities seem to worry that moving past RMS somehow means abandoning software freedom, which should not be the case. If anything, this should be an opportunity to re-commit to software freedom—in a way that is relevant and actionable given the state of the software industry in 2021.

A healthy community should be able to handle that discussion! And if the GNU and FSF communities cannot, it’s important for the FSF board to investigate why that is the case.

Checklists for values-centered tech boards

Finally, at two points in the conversation, we went into what questions an organization might ask itself that I think are deeply pertinent for not just the FSF but virtually any non-profit, tech or otherwise. I loved this part of the discussion because one could almost split it out into a checklist that any board member could use.

The first set of questions came in response to a question I asked about Wikidata, which did not exist 10 years ago but is now central to the strategic vision of knowledge infrastructure. I asked if Wikidata had been almost been “forced on” the movement by changes in the outside world, to which Katherine said:

Wikipedia … is a constant work in progress. And so our mission should be a constant work in progress too.

How do we align against a north star of our values—of what change we’re trying to effect in the world—while adapting our tactics, our structures, our governance, to the changing realities of the world?

And also continuously auditing ourselves to say, when we started, who, you know, was this serving a certain cohort? Does the model of serving that cohort still help us advance our vision today?

Do we need to structurally change ourselves in order to think about what comes next for our future? That’s an incredibly important thing, and also saying, maybe that thing that we started out doing, maybe there’s innovation out there in the world, maybe there are new opportunities that we can embrace, that will enable us to expand the impact that we have on the world, while also being able to stay true to our mission and ourselves.

Katherine

And to close the conversation, I asked how one aligns the pragmatic and organizational values as a non-profit. Katherine responded that governance was central, with again a great set of questions all board members should ask themselves:

[Y]ou have to ask yourself, like, where does power sit on your board? Do you have a regenerative board that turns over so that you don’t have the same people there for decades?

Do you ensure that funders don’t have outsize weight on your board? I really dislike the practice of having funders on the board, I think it can be incredibly harmful, because it tends to perpetuate funder incentives, rather than, you know, mission incentives.

Do you think thoughtfully about the balance of power within those boards? And are there … clear bylaws and practices that enable healthy transitions, both in terms of sustaining institutional knowledge—so you want people who are around for a certain period of time, balanced against fresh perspective.

[W]hat are the structural safeguards you put in place to ensure that your board is both representative of your core community, but also the communities you seek to serve?

And then how do you interrogate on I think, a three year cycle? … So every three years we … are meant to go through a process of saying “what have we done in the past three, does this align?” and then on an annual basis, saying “how did we do against that three year plan?” So if I know in 15 years, we’re meant to be the essential infrastructure free knowledge, well what do we need to clean up in our house today to make sure we can actually get there?

And some of that stuff can be really basic. Like, do you have a functioning HR system? Do you have employee handbooks that protect your people? … Do you have a way of auditing your performance with your core audience or core stakeholders so that you know that the work of your institution is actually serving the mission?

And when you do that on an annual basis, you’re checking in with yourself on a three year basis, you’re saying this is like the next set of priorities. And it’s always in relation to that that higher vision. So I think every nonprofit can do that. Every size. Every scale.

Katherine

The hard path ahead

The values that the FSF espouses are important and world-changing. And with the success of the GPL in the late 1990s, the FSF had a window of opportunity to become an ACLU of the internet, defending human rights in all their forms. Instead, under Stallman’s leadership, the organization has become estranged and isolated from the rest of the (flourishing!) digital liberties movement, and even from the rest of the software movement it was critical in creating.

This is not the way it had to be, nor the way it must be in the future. I hope our talk, and the resources I link to here, can help FSF and other value-centered tech non-profits grow and succeed in a world that badly needs them.

Copyleft and data: databases as poor subject

tl;dr: Open licensing works when you strike a healthy balance between obligations and reuse. Data, and how it is used, is different from software in ways that change that balance, making reasonable compromises in software (like attribution) suddenly become insanely difficult barriers.
Continue reading “Copyleft and data: databases as poor subject”

Copyleft and data: database law as (poor) platform

tl;dr: Databases are a very poor fit for any licensing scheme, like copyleft, that (1) is intended to encourage use by the entire world but also (2) wants to place requirements on that use. This is because of broken legal systems and the way data is used. Projects considering copyleft, or even mere attribution, for data, should consider other approaches instead.

Continue reading “Copyleft and data: database law as (poor) platform”

Reinventing FOSS user experiences: a bibliography

There is a small genre of posts around re-inventing the interfaces of popular open source software; I thought I’d collect some of them for future reference:

Recent:

Older:

The first two (Drupal, WordPress) are particularly strong examples of the genre because they directly grapple with the difficulty of change for open source projects. I’m sure that early Firefox and VE discussions also did that, but I can’t find them easily – pointers welcome.

Other suggestions welcome in comments.

Software that liberates people: feels about FSF@30 and OSFeels@1

tl;dr: I want to liberate people; software is a (critical) tool to that end. There is a conference this weekend that understands that, but I worry it isn’t FSF’s.

Feelings are facts, by wrote, CC BY 2.0

This morning, social network chatter reminded me of FSF‘s 30th birthday celebration. These travel messages were from friends who I have a great deal of love and respect for, and represent a movement to which I essentially owe my adult life.

Despite that, I had lots of mixed feels about the event. I had a hard time capturing why, though.

While I was still processing these feelings, late tonight, Twitter reminded me of a new conference also going on this weekend, appropriately called Open Source and Feelings. (I badly wanted to submit a talk for it, but a prior commitment kept me from both it and FSF@30.)

I saw the OSFeels agenda for the first time tonight. It includes:

  • Design and empathy (learning to build open software that empowers all users, not just the technically sophisticated)
  • Inclusive development (multiple talks about this, including non-English, family, and people of color) (so that the whole planet can access, and participate in developing, open software)
  • Documentation (so that users understand open software)
  • Communications skills (so that people feel welcome and engaged to help develop open software)

This is an agenda focused on liberating human beings by developing software that serves their needs, and engaging them in the creation of that software. That is incredibly exciting. I’ve long thought (following Sen and Nussbaum’s capability approach) that it is not sufficient to free people; they must be empowered to actually enjoy the benefits of that freedom. This is a conference that seems to get that, and I can’t wait to go (and hopefully speak!) next year.

The Free Software Foundation event’s agenda:

  • licenses
  • crypto
  • boot firmware
  • federation

These are important topics. But there is clearly a difference in focus here — technology first, not people. No mention of community, or of design.

This difference in focus is where this morning’s conflicted feels came from. On the one hand, I support FSF, because they’ve done an incredible amount to make the world a better place. (OSFeels can take open development for granted precisely because FSF fought so many battles about source code.) But precisely because I support FSF, I’d challenge it, in the next 15 years, to become more clearly and forcefully dedicated to liberating people. In this world, FSF would talk about design, accessibility, and inclusion as much as licensing, and talk about community-building protocols as much as communication protocols. This is not impossible: LibrePlanet had at least some people-focused talks (e.g.), and inclusion and accessibility are a genuine concern of staff, even if they didn’t rise to today’s agenda. But it would still be a big change, because at the deepest level, it would require FSF to see source code as just one of many requirements for freedom, rather than “the point of free software“.

At the same time, OSFeels is clearly filled with people who see the world through a broad, thoughtful ethical lens. It is a sad sign, both for FSF and how it is perceived, that such a group uses the deliberately apolitical language of openness rather than the language of a (hopefully) aligned ethical movement — free software. I’ll look forward to the day (maybe FSF’s 45th (or 31st!) birthday) that both groups can speak and work together about their real shared concern: software that liberates people. I’d certainly have no conflicted feelings about signing up for a conference on that :)

Come work with me – developer edition!

It has been a long time since I was able to say to developer friends “come work with me” in anything but the most abstract “come work under the same roof” kind of sense. But today I can say to developers “come work with me” and really mean it. Which is fun :)

By Supercarwaar, CC BY-SA 3.0
Details: Wikimedia’s new community tech team is hiring for a community tech developer and a team lead. This will be extremely community-intensive work, so if you enjoy and get energy from working with a community and helping them achieve their goals, this could be a great role for you. This team will work intensely with my department to ensure that we’re correctly identifying and prioritizing the needs of our most active editors. If that sounds like fun, get in touch :)

[And I realize that I’ve been bad and not posted here, so here’s my new job announce: “my department” is the Foundation’s new Community Engagement department, where we work to support healthy contributor communities and help WMF-community collaboration. It is a detour from law, but I’ve always said law was just a way to help people do their thing — so in that sense is the same thing I’ve always been doing. It has been an intense roller coaster of a first two months, and I look forward to much more of the same.]

Free-riding and copyleft in cultural commons like Flickr

Flickr recently started selling prints of Creative Commons Attribution-Share Alike photos without sharing any of the revenue with the original photographers. When people were surprised, Flickr said “if you don’t want commercial use, switch the photo to CC non-commercial”.

This seems to have mostly caused two reactions:

  1. This is horrible! Creative Commons is horrible!”
  2. “Commercial reuse is explicitly part of the license; I don’t understand the anger.”

I think it makes sense to examine some of the assumptions those users (and many license authors) may have had, and what that tells us about license choice and design going forward.

Free ride!!, by Dhinakaran Gajavarathan, under CC BY 2.0

Free riding is why we share-alike…

As I’ve explained before here, a major reason why people choose copyleft/share-alike licenses is to prevent free rider problems: they are OK with you using their thing, but they want the license to nudge (or push) you in the direction of sharing back/collaborating with them in the future. To quote Elinor Ostrom, who won a Nobel for her research on how commons are managed in the wild, “[i]n all recorded, long surviving, self-organized resource governance regimes, participants invest resources in monitoring the actions of each other so as to reduce the probability of free riding.” (emphasis added)

… but share-alike is not always enough

Copyleft is one of our mechanisms for this in our commons, but it isn’t enough. I think experience in free/open/libre software shows that free rider problems are best prevented when three conditions are present:

  • The work being created is genuinely collaborative — i.e., many authors who contribute similarly to the work. This reduces the cost of free riding to any one author. It also makes it more understandable/tolerable when a re-user fails to compensate specific authors, since there is so much practical difficulty for even a good-faith reuser to evaluate who should get paid and contact them.
  • There is a long-term cost to not contributing back to the parent project. In the case of Linux and many large software projects, this long-term cost is about maintenance and security: if you’re not working with upstream, you’re not going to get the benefit of new fixes, and will pay a cost in backporting security fixes.
  • The license triggers share-alike obligations for common use cases. The copyleft doesn’t need to perfectly capture all use cases. But if at least some high-profile use cases require sharing back, that helps discipline other users by making them think more carefully about their obligations (both legal and social/organizational).

Alternately, you may be able to avoid damage from free rider problems by taking the Apache/BSD approach: genuinely, deeply educating contributors, before they contribute, that they should only contribute if they are OK with a high level of free riding. It is hard to see how this can work in a situation like Flickr’s, because contributors don’t have extensive community contact.1

The most important takeaway from this list is that if you want to prevent free riding in a community-production project, the license can’t do all the work itself — other frictions that somewhat slow reuse should be present. (In fact, my first draft of this list didn’t mention the license at all — just the first two points.)

Flickr is practically designed for free riding

Flickr fails on all the points I’ve listed above — it has no frictions that might discourage free riding.

  • The community doesn’t collaborate on the works. This makes the selling a deeply personal, “expensive” thing for any author who sees their photo for sale. It is very easy for each of them to find their specific materials being reused, and see a specific price being charged by Yahoo that they’d like to see a slice of.
  • There is no cost to re-users who don’t contribute back to the author—the photo will never develop security problems, or get less useful with time.
  • The share-alike doesn’t kick in for virtually any reuses, encouraging Yahoo to look at the relationship as a purely legal one, and encouraging them to forget about the other relationships they have with Flickr users.
  • There is no community education about the expectations for commercial use, so many people don’t fully understand the licenses they’re using.

So what does this mean?

This has already gone on too long, but a quick thought: what this suggests is that if you have a community dedicated to creating a cultural commons, it needs some features that discourage free riding — and critically, mere copyleft licensing might not be good enough, because of the nature of most production of commons of cultural works. In Flickr’s case, maybe this should simply have included not doing this, or making some sort of financial arrangement despite what was legally permissible; for other communities and other circumstances other solutions to the free-rider problem may make sense too.

And I think this argues for consideration of non-commercial licenses in some circumstances as well. This doesn’t make non-commercial licenses more palatable, but since commercial free riding is typically people’s biggest concern, and other tools may not be available, it is entirely possible it should be considered more seriously than free and open source software dogma might have you believe.

  1. It is open to discussion, I think, whether this works in Wikimedia Commons, and how it can be scaled as Commons grows. []

My Wikimania 2014 talks

Primarily what I did during Wikimania was chew on pens.

Discussing Fluid Lobbying at Wikimania 2014, by Sebastiaan ter Burg, under CC BY 2.0

However, I also gave some talks.

The first one was on Creative Commons 4.0, with Kat Walsh. While targeted at Wikimedians, this may be of interest to others who want to learn about CC 4.0 as well.

Second one was on Open Source Hygiene, with Stephen LaPorte. This one is again Wikimedia-specific (and I’m afraid less useful without the speaker notes) but may be of interest to open source developers more generally.

The final one was on sharing; video is below (and I’ll share the slides once I figure out how best to embed the notes, which are pretty key to understanding the slides):

Wikimania 2014 Notes – very miscellaneous

A collection of semi-random notes from Wikimania London, published very late:

Gruppenfoto Wikimania 2014 London, by Ralf Roletschek, under CC BY-SA 3.0 Austria

The conference generally

  • Tone: Overall tone of the conference was very positive. It is possibly just small sample size—any one person can only talk to a small number of the few thousand at the conference—but seemed more upbeat/positive than last year.
  • Tone, 2: The one recurring negative theme was concern about community tone, from many angles, including Jimmy. I’m very curious to see how that plays out. I agree, of course, and will do my part, both at WMF and when I’m editing. But that sort of social/cultural change is very hard.
  • Speaker diversity: Heard a few complaints about gender balance and other diversity issues in the speaker lineup, and saw a lot of the same (wonderful!) faces as last year. I’m wondering if there are procedural changes (like maybe blind submissions, or other things from this list) might bring some new blood and improve diversity.
  • “Outsiders”: The conference seemed to have better representation than last year from “outside” our core community. In particular, it was great for me to see huge swathes of the open content/open access movements represented, as well as other free software projects like Mozilla. We should be a movement that works well with others, and Wikimania can/should be a key part of that, so this was a big plus for me.
  • Types of talks: It would be interesting to see what the balance was of talks (and submissions) between “us learning about the world” (e.g., me talking about CC), “us learning about ourselves” (e.g., the self-research tracks), and “the world learning about us” (e.g., aimed at outsiders). Not sure there is any particular balance we should have between the three of them, but it might be revealing to see what the current balance is.
  • Less speaking, more conversing: Next year I will probably propose mostly (only?) panels and workshops, and I wonder if I can convince others to do the same. I can do a talk+slides and stream it at any time; what I can only do in person is have deeper, higher-bandwidth conversations.
  • Physical space and production values: The hackathon space was amazingly fun for me, though I got the sense not everyone agreed. The production values (and the rest of the space) for the conference were very good. I’m torn on whether or not the high production values are a plus for us, honestly. They raise the bar for participation (bad); make the whole event feel somewhat… un-community-ish(?); but they also make us much more accessible to people who aren’t yet ready for the full-on, super-intense Wikimedian Experience.

The conference for projects I work on

  • LCA: Legal/Community Affairs was pretty awesome on many fronts—our talks, our work behind the scenes, our dealing with both the expected and unexpected, etc. Deeply proud to be part of this dedicated, creative team. Also very appreciative for everyone who thanked us—it means a lot when we hear from people we’ve helped.
  • Maps: Great seeing so much interest in Open Street Map. Had a really enjoyable time at their 10th birthday meetup; was too bad I had to leave early. Now have a better understanding of some of the technical issues after a chat with Kolossos and Katie. Also had just plain fun geeking out about “hard choices” like map boundaries—I find how communities make decisions about problems like that fascinating.
  • Software licensing: My licensing talk with Stephen went well, but probably should have been structured as part of the hackathon rather than for more general audiences. Ultimately this will only work out if engineering (WMF and volunteer) is on board, and will work best if engineering leads. (The question asked by Mako afterwards has already led to patches, which is cool.)
  • Creative Commons: My CC talk with Kat went well, and got some good questions. Ultimately the rubber will meet the road when the translations are out and we start the discussion with the full community. Also great meeting User:Multichill; looking forward to working on license templates with him and May from design.
  • Metadata: The multimedia metadata+licensing work is going to be really challenging, but very interesting and ultimately very empowering for everyone who wants to work with the material on commons. Look forward to working with a large/growing number of people on this project.
  • Advocacy: Advocacy panel was challenging, in a good way. A variety of good, useful suggestions; but more than anything else, I took away that we should probably talk about how we talk when subjects are hard, and consensus may be difficult to reach. Examples would include when there is a short timeline for a letter, or when topics are deeply controversial for good, honest reasons.

The conference for me

  • Lesson (1): Learned a lesson: never schedule a meeting for the day after Wikimania. Odds of being productive are basically zero, though we did get at least some things done.
  • Lesson (2): I badly overbooked myself; it hurt my ability to enjoy the conference and meet everyone I wanted to meet. Next year I’ll try to be more focused in my commitments so I can benefit more from spontaneity, and get to see some slightly less day-job-related (but enjoyable or inspirational) talks/presentations.
  • Research: Love that there is so much good/interesting research going on, and do deeply think that it is important to understand it so that I can apply it to my work. Did not get to see very much of it, though :/
  • Arguing with love: As tweeted about by Phoebe, one of the highlights was a vigorous discussion (violent agreement :) with Mako over dinner about the four freedoms and how they relate to just/empowering software more broadly. Also started a good, vigorous discussion with SJ about communication and product quality, but we sadly never got to finish that.
  • Recharging: Just like GUADEC in my previous life, I find these exhausting but also ultimately exhilarating and recharging. Can’t wait to get to Mexico City!

Misc.

  • London: I really enjoy London—the mix of history and modernity is amazing. Bonus: I think the beer scene has really improved since the last time I was there.
  • Movies: I hardly ever watch movies anymore, even though I love them. Knocked out 10 movies in the 22 hours in flight. On the way to London:
    • Grand Hotel Budapest (the same movie as every other one of his movies, which is enjoyable)
    • Jodorowsky’s Dune (awesome if you’re into scifi)
    • Anchorman (finally)
    • Stranger than Fiction (enjoyed it, but Adaptation was better)
    • Captain America, Winter Soldier (not bad?)
  • On the way back:
    • All About Eve (finally – completely compelling)
    • Appleseed:Alpha (weird; the awful dialogue and wooden “faces” of computer animated actors clashed particularly badly with the clasically great dialogue and acting of All About Eve)
    • Mary Poppins (having just seen London; may explain my love of magico-realism?)
    • The Philadelphia Story (great cast, didn’t engage me otherwise)
    • Her (very good)