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What about users providing a service to bad actors? #15

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y6nH opened this issue Oct 1, 2019 · 2 comments
Open

What about users providing a service to bad actors? #15

y6nH opened this issue Oct 1, 2019 · 2 comments

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@y6nH
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y6nH commented Oct 1, 2019

Alice creates some web forum software and releases it under the Hippocratic License.
Bob starts a forum using the software.
Cruella, Draco and Eve sign up on the forum and start using it to do evil things. Use your imagination.
Alice contacts Bob and says "You're using my software to let these people do bad stuff! Stop it!".
Bob replies "I'm just providing a discussion platform. That's not evil." And Alice doesn't have a leg to stand on.

So, in a situation like this, where the software is used to provide a service, you need to ensure that the extra condition goes into the terms of service, and that the licensee takes reasonable precautions to make sure that those terms are enforced (e.g. moderating the forum).

This would also mean that companies using the software would have to choose their clients carefully. If an accountant uses HL software, they'd have to refuse to do the accounts for Cruella's sweatshop business. (In case it's not clear, this is a good thing.)

@sffc
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sffc commented Oct 6, 2019

This is a really good question.

The burden on the service provider needs to be clear and limited in scope while still conforming to the spirit of Ethical Source Software. There could be several unobtrusive ways for the service provider to enforce ethical use, any of which could satisfy the requirement of the license:

  1. If the software has a Terms of Use or Terms of Service, that should include a clause that corresponds to the UDHR requirement of the Hippocratic License. This then passes the burden on to the user of the software.
  2. Basic policing or reporting mechanism: add a way for users to "flag" content that violates the terms of the UDHR.

The main thing is that if the burden is too high to use Ethical Source Software is too high, fast-moving app developers will simply look for an alternative that has a lower burden. Simple solutions that conform to the spirit of Ethical Source Software is what we need.

@y6nH
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y6nH commented Oct 7, 2019

You can't be specific about point 2, because you don't know what kind of software it is. Attempted legalese:

  • If the licensee uses the Software to provide a service to others, the licensee must, as a condition of use, require those others not to use the service in violation of the UDHR, and take reasonable measures to prevent such use.

y6nH added a commit to y6nH/hippocratic-license that referenced this issue Oct 9, 2019
This relates to issue EthicalSource#15, and attempts to require users to require *their* users to be good in turn. The additional clause certainly needs legal review, and may be deemed beyond the scope of this license by the authors. But it's a starting point for discussion.
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