109 episodes

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.

Free as in Freedom Free as in Freedom

    • Government
    • 4.5 • 8 Ratings

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.

    0x6C: Even More DMCA Exemption Requests!

    0x6C: Even More DMCA Exemption Requests!

    Karen and Bradley discuss two other DMCA exemptions filed by Software
    Freedom Conservancy during the 2020/2021 Triennial Rulemaking Process at
    the copyright office: one for wireless router firmwares and one for
    privacy research.



    Show Notes:

    Segment 0 (00:39)


    Supporters of
    Conservancy can join this
    mailing list to hear and see live recordings of every show!



    Segment 1 (06:30)

    Conservancy filed a DMCA
    exemption request for wireless routers, and updated it with their long
    comment on the issue.

    NPR's
    Planet Money had a show that discussed how recycling plastic in
    the USA was somewhat of a large con game funded by the plastics industry.
    Both audio
    a transcript is
    available. (19:32, 20:44)

    Segment 2 (29:10)

    Bradley and Karen discuss the third exemption request that Conservancy
    filed, for
    research to find privacy flaws, and updated it with a long
    comment on the issue.

    Karen and Bradley noted that individuals
    can file reply comments before the deadline of Wednesday 10 March 2021 at
    23:59 US/Eastern. Note that the “neutral comment”
    requirement appears to no longer be listed; the 2021-03-10 (47:20)




    Send feedback and comments on the cast
    to .
    You can keep in touch with Free as in Freedom
    by following Conservancy on
    on Twitter and and FaiF on Twitter. We are working on setting up a group chat again, too!


    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.



    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).

    • 52 min
    0x6B: GPL Enforcement Investigation DMCA Exemption Request

    0x6B: GPL Enforcement Investigation DMCA Exemption Request

    Software Freedom Conservancy filed multiple exemptions in the USA
    Copyright Office Triennial Rulemaking Process under the Digital Millennium
    Copyright Act (DMCA). In this episode, Karen and Bradley explore the
    details of Conservancy's filing to request permission to circumvent
    technological restriction measures in order to investigate infringement of
    other people's copyright, which is a necessary part of investigations of
    alleged violations of the GPL and other copyleft licenses.



    Show Notes:

    Segment 0 (00:39)

    Bradley claims that you'll now love the audcast more than ever
    (02:51)
    Conservancy filed many exemptions as part of the currently ongoing
    triennial DMCA Process. (02:50)


    Segment 1 (04:22)


    Everyone in the Free Software community wishes the USA's Digital
    Millennium Copyright Act didn't exist. (05:24)
    Bradley is currently doing research going to the year 1790 that shows
    the foundations of the copyright act, but Karen points out that Bradley
    isn't a professional copyright historian (yet). He points out he
    is an amateur copyright historian (05:45)
    DMCA is the USA's implementation of the WIPO Copyright Treaty (WCT),
    but is more a restrictive copyright act than the WCT requires. (06:50)

    Bradley mentioned that the three videos from the Copyright Office,
    which
    are linked to from Conservancy's blog post on the subject that, while
    they are Copyright Office propaganda, that are helpful to explain the
    DMCA (10:57):

    A Legal Overview of § 1201 (PDF slides only).
    The Triennial Rulemaking Process for §1201 (PDF slides only).
    Streamlined Petitions for Renewed Exemptions (PDF slides only).

    Conservancy filed the most
    exemption requests in the 2020/2021 Rulemaking Process (21:25)



    Segment 2 (28:07)



    Conservancy filed an exemption request
    and a “Long
    Form” comment in support of it that was labeled
    “Class 16: Computer Programs &—; Copyright License Investigation”
    by the Copyright Office (29:00)

    Bradley
    mentioned that people can get arrested just for giving talks under the DMCA,
    referring to Dmitry Sklyarov. Adobe simply called the FBI and got him
    arrested under DMCA. (38:50)


    Segment 3 (34:36)

    If you are a Conservancy Supporter as well as being a FaiFCast listener,
    you can join this
    mailing list to receive announcements of live recordings and attend
    them through Conservancy's Big Blue Button (BBB) server.






    Send feedback and comments on the cast
    to .
    You can keep in touch with Free as in Freedom
    by following Conservancy on
    on Twitter and and FaiF on Twitter. We are working on setting up a group chat again, too!


    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.



    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).

    • 51 min
    0x6A: Live Show from SeaGL 2019

    0x6A: Live Show from SeaGL 2019

    The first live podcast of Free as in Freedom, hosted at SeaGL
    2019 in November 2019. Hear questions from the studio audience and
    answers from Bradley and Karen.




    Show Notes:

    Segment 0 (00:38)

    Producer Dan speaks on mic to introduce that this is a live show.



    Segment 1 (01:17)


    This is a live show from SeaGL 2019, a
    community-organized FaiP
    (02:15)
    Carol Smith from Microsoft asked about being a charity in the USA
    under recent tax changes regarding tax deduction and, and asked about Conservancy's
    annual fundraiser which had completed by the time this show
    was released. (04:53)

    Deb took a photo during the show (07:30)

    A questioner asked about the so-called “ethical but-non-FOSS
    licenses”. Bradley gave an answer that is supplemented well by
    this blog post (10:15) and Karen mentioned at CopyleftConf
    2020 there was a discussion about this. (15:15) The follow up question
    was also related to these topics (15:44).

    Eric Hopper asked about how Conservancy decides when a project joins,
    and what factors Conservancy considers in projects joining (18:14)

    A written questioner asked how to handle schools requiring proprietary
    software as part of their coursework. (22:00)

    Michael Dexter asked about Karen's teaching at Columbia Law
    School. (27:25)

    A written questioner asked about copyleft-next's
    sunset clause. (29:22) Karen mentioned “Copyleft, All wrongs
    reversed” as it appeared on n June 1976 on Tiny BASIC, which
    inspired the term copyleft to mean what it does today. (30:45)

    Karen spoke about the issues of copyright and trademark regarding
    Disney, that is supplemented by
    this blog post. (32:52)

    Carol Smith asked what Karen and Bradley thought were Conservancy's
    and/or FOSS' biggest achievements in the last decade. (35:20) Karen
    mentioned Outreachy was a major
    success. (37:08)

    A questioner asked about using the CASE Act to help in GPL
    enforcement. Bradley discussed how it might ultimately introduce problems
    similar to arbitration
    clauses. (41:42) Since the podcast was recorded, the CASE Act has
    also passed the Senate, but does not seem to have been signed by the
    President. (47:30)

    Bradley noted that Mako Hill has pointed out that FOSS
    has not been involved in lobbying enough. (48:10)

    A questioner in the audience asked about the Mozilla Corporation
    structure would allow Mozilla to do lobbying for FOSS. (50:57) Karen
    explained the Mozilla corporate legal structure (51:35).

    A questioner in the audience asked about Mako
    Hill's keynote and how individuals can help further the cause of software
    freedom. (54:53)

    Michael Dexter asked if software patents are still as much of a threat as
    they once were. (1:01:30)

    Carol asked about the supreme court hearing the Oracle v. Google case
    (1:09:04)







    Send feedback and comments on the cast
    to .
    You can keep in touch with Free as in Freedom
    by following Conservancy on
    on Twitter and and FaiF on Twitter. We are working on setting up a group chat again, too!


    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.



    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).

    • 1 hr 21 min
    0x69: Microsoft's E-Book Platform and Other DRM Disasters

    0x69: Microsoft's E-Book Platform and Other DRM Disasters

    Karen and Bradley discuss the end to Microsoft's e-book platform and
    generally the dangers and disasters that Digital Restrictions Management
    (DRM) cause for software users and developers.




    Show Notes:

    Karen and Bradley discuss the end to Microsoft's e-book platform and
    generally the dangers and disasters that Digital Restrictions Management
    (DRM) cause for software users and developers.


    Segment 0 (00:35)



    Bradley mentioned that Microsoft ended
    their e-book platform. He said this was “last month” but
    we ended up releasing this show late, so it was in August 2019
    (01:31).

    Bradley mentioned the analog hole. (09:50)

    Karen discussed the exception
    process under DMCA, which Conservancy
    participated in regarding “Smart” TVs. (12:30)

    Bradley mentioned this historical
    burning of the Library of Alexandria as a Roman weapon, comparing it
    to DRM. (15:07)

    Bradley talked about how Netflix
    and Microsoft used Silverlight initially as the method of DRM, and
    that Microsoft was a leader in the entertainment industry in providing DRM
    (20:00)



    Segment 1 (26:31)


    Bradley and Karen discuss how DRM and other lock-down of devices,
    including medical devices, are creating problems in society generally.

    Karen noted that the role of for-profit companies is not to
    safeguard the public interest. (41:10)

    Bradley mentioned you can turn
    off DRM on the Google Play store for your book (as the
    publisher). (43:04)






    Send feedback and comments on the cast
    to .
    You can keep in touch with Free as in Freedom
    by following Conservancy on
    on Twitter and and FaiF on Twitter. We are working on setting up a group chat again, too!


    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.



    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).

    • 46 min
    0x68: Molly De Blanc at CopyleftConf 2019

    0x68: Molly De Blanc at CopyleftConf 2019

    Bradley and Karen enjoy and discuss Molly De Blanc's keynote at the
    first annual CopyleftConf, entitled The Margins of Software Freedom, followed by an exclusive interview with Molly!




    Show Notes:

    Segment 0 (00:37)


    Bradley mentioned (without the title) the film, When
    a Stranger Calls, which is indeed a real movie, not a TV movie,
    and was from the late 1970s —
    although Bradley saw it on TV sometime in the 1980s. (02:15)

    Segment 1 (04:11)

    A recording of Molly De
    Blanc's keynote at the first annual (2019) CopyleftConf, entitled entitled
    The Margins of Software Freedom. Slides
    for Molly's talk are available on her gitlab account.


    Segment 2 (20:11)

    Bradley and Karen talk about the keynote and set up the interview.


    Segment 3 (23:56)

    Extended interview with Molly from on site at CopyleftConf 2019!


    Segment 4 (34:06)



    Bradley and Karen discuss what ideas Molly's interview got them
    thinking about.

    Bradley wrote a blog post about Delta's
    anti-union marketing. (40:50)

    Molly De Blanc is now an employee at
    the GNOME Foundation and President
    of the Open Source Initiative (52:53)





    Send feedback and comments on the cast
    to .
    You can keep in touch with Free as in Freedom
    by following Conservancy on
    on Twitter and and FaiF on Twitter. We are working on setting up a group chat again, too!


    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.



    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).

    • 58 min
    0x67: Analysis of Two Backports of GPLv3 Termination Provisions to GPLv2

    0x67: Analysis of Two Backports of GPLv3 Termination Provisions to GPLv2

    Bradley and Karen discuss two additional permissions that can be used
    to “backport” the GPLv3
    Termination provisions to GPLv2
    — the Kernel Enforcement Statement Additional Permission, and the
    Red Hat Cooperation Commitment. A blog post on Conservancy's site summarizes the discussion on this show.




    Show Notes:

    Segment 0 (00:35)



    Bradley mentioned irregardless
    is not actually a word, but it does appear to be slang, which dates
    back to 1795! (03:23)

    The
    additional permission system was codified as a formal part of
    GPLv3, but are generally more informal under GPLv2. (05:24)

    Karen explained what the Principles
    of Community-Oriented GPL Enforcement. (07:49)

    Karen mentioned that Daleks terminate!
    (08:51)



    Segment 1 (13:04)


    Bradley mentioned the inbound=outbound FOSS licensing
    contributor assent system (18:15)


    Segment 2 (26:10)



    Karen and Bradley discuss the term “non-defensive” and what
    it means.

    Bradley mentioned the Twin
    Peaks lawsuit as a non-hypothetical case where the RHCC would not
    apply where GPL enforcement was used by Red Hat itself as a retaliation
    tactic. (29:23)

    The Kernel
    Enforcement Statement and the RHCC
    are available online.


    Segment 3 (38:40)
    The next episode of will be an interview with Molly De Blanc and
    recording of her keynote at CopyleftConf 2019





    Send feedback and comments on the cast
    to .
    You can keep in touch with Free as in Freedom
    by following Conservancy on
    on Twitter and and FaiF on Twitter. We are working on setting up a group chat again, too!


    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.



    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).

    • 41 min

Customer Reviews

4.5 out of 5
8 Ratings

8 Ratings

eahiv ,

Smart and listenable

A great podcast. Glad it's back in 2018/2019!

j-leist ,

Awesome show

Anyone with an interest in Free/Libre and Open Source Software should listen regularly (hopefully the episodes continue). The presenters have done incredible things to advance the movement through both the FSF and Software Freedom Conservancy, and they have some great insights into the current state of software freedom.

NampaFlier ,

Not Horrible People

Glad the show is back!

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