WEBVTT

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I'm not a lawyer, I'm not your lawyer, I'm definitely not my lawyer, I'm no one's lawyer,

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and I'm not certified as a lawyer in any jurisdiction, including America, which is where

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I'm originally from.

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Why do I mention America because all of open-source law is now predicated upon the American

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legal system?

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This is kind of confusing and it's kind of weird, but it's because America has been a global

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superpower for a long time, and as you all know, it's increasingly less of a superpower

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and more of a superpower, like what's going on.

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So what I was curious about is what's going to happen with that?

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So I currently live in New Zealand, where, yeah, it's really nice, fellow Shannon, where

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I joined the Wikimedia group, and it turns out that every single discussion about what

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you can upload to Wikimedia in New Zealand is what happens on their American law for this

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asset, which doesn't make any sense, because A, it's across an entire ocean, but B, New

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Zealand shouldn't be worrying about American law, but they do because Wikimedia is based

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in America, and also American law just has a really long arm, you can think of it like

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Sauron, just reaching way beyond the border of Mordor.

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This is increasingly less of a thing that we need to worry about in a post-American world.

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The majority of the legal and interesting policies that we can talk about is really about

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the CRA, and about the EU, which makes sense, we're in Brussels.

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But I guarantee you, if there was an open-source conference in China, there would be more

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about Chinese law, unless about American law than it used to be.

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And so my question is, what's going to happen there?

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I can't ask anyone here about that.

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I can't ask Karen, because Karen is an American lawyer.

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I can't ask Richard, because Richard is an American lawyer, and maybe they're lawyers

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in other places, but they may not be lawyers in New Zealand.

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And I just don't know what this means for the OSI, because the OSI is also a 501c3 in the

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US.

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And so what happens there?

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And if you look at the open-source principles, which they use, on their website, some

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of them are really interesting.

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For instance, you can't discriminate against anyone using your license.

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Your license can't be discriminatory.

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But if your license is in English, it's discriminatory against someone in another jurisdiction.

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It's not discriminatory if you're entirely based upon American law.

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What happens if it's in Ghana?

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What happens if it's in another language?

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Well, they speak English in Ghana, but I don't know.

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Let me just say, I'm not a lawyer, I'm not even smart.

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Well, I'm really wondering if my passport is less valuable than it used to be.

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And if I can get sued in a different jurisdiction or something, like, what's going to happen

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there?

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That's really not cogent, but it is for 30.

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I think I'm just going to actually stop.

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I have notes, oh yeah, the other question.

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So when I looked up the open-source principles on the open-source.org website for the OSI,

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there's also the open-source AI definition, which was pushed through really, really quickly

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by the OSI.

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And it was pushed through with the approval of things like Facebook, because they want

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to make sure that open-source applies to AI's.

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That's also less important than it used to be.

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And the OSI is compromised for that reason alone, as well as being an American site.

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So when you combine those two things together, it just makes me feel really do me and gloomy.

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And so I would be interested in talking to anyone here about that.

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This is a lightning talk.

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It's not a complete product, and at this point I will stop.

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Thank you.

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I wish I could respond, but that is not on the agenda.

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The next part, we'll go with Jen.

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Let me see.

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Here we go.

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Well, I wanted to follow Richard for a number of reasons, but he posed this question of, what

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does it mean if so many different projects, foundations, et cetera, are based in different

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national jurisdictions?

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And at the same time, we have increased regulation with extraterritoral effects.

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And it is a question that I have been looking into, and at the end of my PhD, which focuses

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on global governance of open-source software at the University of Cambridge.

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When I wrap up this year, I might not have the perfect answers, but I hopefully will have

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a answer to this conundrum.

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So if you think that I've noticed over the past couple of years of doing this research

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and before that, I worked for a decade in practice as an international lawyer, so I looked

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at things like global governance of the regimes around climate change or oceans or internet

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governance.

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And there are all these formalized regimes for governing those comments, but there hasn't

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really been that discussion around open-source.

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And until now, we haven't really had the political circumstances of pressure to have those

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discussions partly because it was freely available, it was open, and there were less restrictions

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that were potentially being imposed and more of a cooperative global environment.

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However, the reality, as Mark Carney, so eloquently said at Davos, is that we are no longer

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living in that world.

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We are also watching witnessing a particular geopolitical moment as states talk about digital

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sovereignty and how they can leverage the power and potential of open-source to get ahead

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and through Jewish dependencies on foreign tech.

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So open-source is, in many ways, having a key moment, and that's tying into some very

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helpful discussions with states wanting to invest and support in open-source as well.

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And I was one of the co-authors of the proposal for a European sovereign tech fund within

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this context.

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However, as states look also to invest and support open-source, they may also be looking

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to regulate and engage in other ways that could potentially further fragmentation.

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So another cool part of my research is how can we bring relevance stakeholders together

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and have discussions about regulatory cohesion and having a simplified cohesive framework

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across borders that supports and facilitates open-source as a digital commons rather than

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having that fragmentation.

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And with that, I'm very happy to leave things there.

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But if you would like to talk to me further, I'm always welcome conversations, suggestions,

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people that I should be speaking to and things that I should be reading.

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Thank you.

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I think at this rate, we may have some time at the end for some rebuttals, which I think

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there may already be of interest in doing.

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So we'll see how that goes.

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Whoops.

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So who's next?

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Thank you.

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All right.

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So hello.

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My name is Niles Hucos.

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So before Christmas, I started looking into digital wallets and in or way, they have

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this Sandbox.

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It's a program you can apply and join to develop various services or even wallets, technology,

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digital wallet technology.

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So I said to them, hey guys, I don't want to buy an accrate wallet for iOS or Android.

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I'm thinking about creating a wholly different mobile phone, something small, it would

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be totally different.

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And this was this started, sparked a very interesting process of me talking to this

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governmental body because they were like, first resort or first reply was, that's kind

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of cool, but it's too bad we couldn't make it this time and so on.

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And then I, since I'm in the past life, I was a consultant.

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I wrote this wrongly word a letter saying, if you are going to decline me, then you

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will have to thoroughly explain why and with pointing to your project mandate and pointing

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to the digital market sector where by end explain why you are prohibiting an alternative

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platform besides iOS or Android, which this could theoretically be.

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And then sometime past and then they wrote me an email saying, maybe we can have a meeting.

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And then so that meeting is next Friday.

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And I think they are still very on the back first, they don't really know what to do with

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something that is not iOS or Android.

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I know that they had, like Job offers out requesting people who are experts in Android

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or iOS and suddenly there's something else that is not Android or iOS, but we have already

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hired people for Android and iOS, what about these other things.

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So this is going to be interesting.

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So yeah, and I was, that's, so I'm trying to hold the digital market act as a tool and

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use it right now, but I don't know how well it will be.

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And there's another aspect to this that's also, I wanted to ask that it's released to banking

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apps, which is in Norway and in Scandinavia, there's an app called Bank either.

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And it's very monopolistic and you use it not only to access your bank, but also to do

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all sorts of governmental services and so on.

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And it's extremely, prohibitive, it hinders a lot of different platforms because if you

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create a fully de-gugled Android operating system, then the users of those systems, they

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will not be able to download Bankida at all.

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And also, if I would create something small that could readily be worked as a bankida,

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then why should this proprietary service owned by a lot of banks even care about me at

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all?

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So then I wish some of them were here because then I would ask if the bankida company is

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actually being a true gatekeeper and should be have all these obligations that we put

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on Apple and Google and so on.

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So yeah, lots of thoughts.

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If this interests you or you've been working a bit with this, come talk to me.

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Thank you.

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Hi there everybody.

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What's good for us them?

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So first things first, thank you to the organizers here in the legal and policy devroom.

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This is my favorite devroom, I'm completely horribly biased, but I love this place, really

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appreciate you all, round of applause for the organizers and volunteers.

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My name is Remi De Causemaker.

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I am not here officially affiliated with anyone.

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I'm here as a private citizen of the global free and open source offer community.

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During my day job, you can look up what I do.

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I'm not even going to mention it today.

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The thing I want to share with you all here in the policy devroom is that there have been

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some changes across the way in the place that I come from, but one of them is this thing

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called the Share IT Act, it's the source code, harmonization, and reuse of information

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technology act.

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It is a new piece of legislation that was passed at the end of 2024.

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And it says that any custom developed source code that's produced under a contract, whether

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it's by feds or by contractors as part of their official duties, and the components

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of it such as the architecture and the metadata, it has to be one owned by the agency, two stored

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in no less than one public or private repository, three, it has to be accessible under

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certain procedures, and contracts need to secure government-wide reuse sharing use and

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modification rights for it.

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And on top of that, there are four very specific exemptions for it, national security,

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national intelligence, public, or sorry, personally identifiable and personal health information,

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and the last one is escaping me because I'm standing on a stage looking at the bright

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lights right now, but there are four reasons if you're exempt against FOIA.

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So back in the day, in 2016, there was a memo called M1621, which was the federal source

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code policy it was passed, and it said that, hey, this is an executive order that says

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that everybody should default to open.

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In fact, there was a pilot in it that said that 20 percent of all source code developed

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by federal agencies needs to be published under open licenses.

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That had a sunset provision that lapsed here recently, but some of the best bits and

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pieces of that executive order were codified in the share IT Act, and it passed.

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So there are laws on the books right now that say that source code that is custom developed

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needs to be public unless it falls under one of those exemptions, and we can take

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that same metadata model, the code.json, metadata file, and extend it to include these new

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requirements.

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It is very exciting, there are a lot of people doing interesting work in this space.

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Take shout out to the software heritage project, the UNESCO project that's categorizing

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all of Earth's software.

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They use code meta as they are standard.

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There's public code.jamel, which I have heard about in this dev room in the past, and the

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code.json federal standard borrows from and extends in some cases pieces of those international

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standards and brings them together.

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So if you're a nerd for metadata and inventories of software, and I know there are government

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hospitals that we're here speaking today, I'm a big nerd about this stuff, I would love

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to talk about it more as well.

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The United Nations Open Source Week is coming up this summer, there's a lot of talk around

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this type of stuff.

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I think there's a lot of overlap between the conversations that are happening here and the

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conversations that happen there.

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So I would encourage anybody who's interested in that to check that out and to look up

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the Share IT Act, and if you're interested in inventories of open source code that can create

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a grand unified directory of all free and open source software on planet Earth that's paid

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for by public money.

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So we can have public code.

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I'd love to talk more with you about that.

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And thank you, Legal Dev, Foss, down.

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All right, we have one more, you're up.

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Hi, I'm getting by, saying sorry, I wanted to be very short, but I'm afraid I might not

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be.

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So my name is Girard Olishboa, and if the name is not the giveaway, I'm from Portugal.

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I'm here because it was just announced the continuity of what was known as NGI-0, and that

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means that the money will continue to be bought into open source projects and helping communities

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and development.

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But at the same time, there's a special fund for marketing, and I want to create a sort

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of a network of community managers, local community managers, all around Europe, that

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reach out to their communities, and bring them to know the funds, help them apply to the

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funds, and somewhat manage the community into forums where they can try to find other partners

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doing similar code, so that we don't have to projects doing the same thing in different

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code.

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And why is this project important?

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And my call is for local community managers, or wannabes, please contact me, or the NGI,

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or anyone in your open source communities.

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Why is this important?

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Because we need to create a new generation of community leaders.

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They are extremely important.

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They are the ones that will keep the fire running, and managing a community, not letting

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it die out, is one of the most important things that we have been forgetting.

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The open source awards, yes today, yes today?

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Well, the day before, well, they chose Greg Hartman, which I think I had heard of him,

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but he's the one doing the thankless job of keeping the kernel community alive and in order.

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And that's what we need to do in every part of Europe and the rest of the world.

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And these people, not only need to exist, need to be refreshed, but they also have to be paid.

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And that's what I'm trying to create this project for, so that we have something that also pays

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a little bit of the work they are doing, so they are not doing thanklessly and with their time and destroying their health and family and friends and so on.

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And with this, I want to finish with something, because managing people is important because,

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and I'll repeat this several times with all people I am connecting here, technology is people.

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There is no technology without people.

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I never you see politicians and I've spoken with my government several times and it's always infrastructure that a lot of other people that other people and say,

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no, you have to put people on top, it doesn't matter if the health services puts well infrastructure and new equipment on top and then people on top.

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It's people on top, it's always people on top, what's important, what's important in open sources, people open sources, people.

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Code is people, they are a reflection of the mind, it's a fraction of intellect and knowledge and so that's why we need community leaders,

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that's why we need people that are talking with people and bring more people in.

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And on the last note, I had the pleasure of collaborating with a small group that made the latest version of the contributor covenant,

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look that so it's a blueprint template, something that you can hold on to manage your community.

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If you have already a code of conduct, maybe you can look at it and see there's something we couldn't prove that you couldn't prove.

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If you have nothing you can look at and use something, but it's a tool, again, to help people, help people, helping open source and at the end helping the world.

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Thank you.

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Thanks everybody, we have four of our minutes left.

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You were to add it, right, you just want to, well, I'd like to give two minutes to anybody who wants to rebut any of the things that were said.

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I knew someone wanted to, you have to come up quick.

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Did you want to answer one of the ones that was already, we only have three minutes, so you want to rebut.

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You want to rebut something.

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There's a camera, there it is.

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So, hello, I'm Simon Fipps.

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I'm on the staff at the open source initiative.

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I am not very excited about the open source AI definition, so it's surprising that I have to say something about it here.

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But in the first talk, there were two things that were untrue said.

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One of them was that Meta supported the open source AI definition.

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It did not matter hate so I say, because we denounce Larmor as a fake open-washed VM.

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Secondly, it implied that we are a rigidly American organization.

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We are not.

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We have three European staff, two Americans and one Brazilian on our stuff.

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And I have incorporated a subsidiary in Europe.

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I say Europe, stitching or foundation, so that all of our work in the European Parliament, which is the majority of what we do.

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We don't even have an AI program at the moment, is conducted as a European activity.

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I think Richard missed the real core of, I think Richard missed the real core of the problem.

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Which is that we were able to be so successful over licensing because of the burn convention, so that it's the same law everywhere.

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And we do not have the same advantage with all the other things we're trying to do.

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There we go.

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All right, one minute.

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Thank you, I'm Jerome.

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We are all committed to support open source, so we have an important homework to do now.

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Today, because the European Commission has opened a call for evidence and they are waiting for feedback about the European Open Digital ecosystem strategy.

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I decided to focus my answer, but we are free to answer whatever you want.

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About the first and tight sales of proprietary operating system on PCs is the only example of fourth and tight sales in Europe.

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You can buy a car without an insurance policy, but you can't buy a PC without paying the Microsoft tax.

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That's just crazy and against any European law protecting consumers.

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It's the second point that I answered.

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It's the European Patent Office Mark Pack ties.

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They grant thousands of software patents, calling them software, innovation implemented by software.

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Because in the European Convention on Patents, software must be protected by copyright and not patent.

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So, if you want this clear code with the direct link to the form to answer the commissions on the table over there.

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And I think that it's ten second well used to support open source.

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Thanks very much everybody. Let's give a round of applause to all of our speakers.

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How wonderful, super fun use of this time and we learned a lot, so that was pretty great.

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Thank you very much.

