Bonum Certa Men Certa

A Closer Look at Richard Stallman's Ousters From Inside the Free Software Foundation (Board)

SFC IRS
Context: Big Money Can Do Big Damage to Membership-Dependent Organisations (Which Should Remain Accountable to Members, Not Big Sponsors)



Summary: A devoted reader of Techrights has studied documents submitted by an organisation that claims to speak on behalf of Free software (while its main sponsor is Google and whilst also selling keynote speeches to Microsoft)

FOLLOWING our screenshots from yesterday we received an interesting piece of feedback from a reader. She sought to highlight something to us. As a decades-long DMCA expert, she decided to look into DMCA exemptions submissions from the Software Freedom Conservancy (SFC). This post outlines her findings.



"I was looking over the 17 classes of DMCA exemptions and this one... submitted by the SFC... has a typo.

"I was already noticing the difference between the language from EFF on a different class and the SFC.

"Honestly, the SFC proposals seem broad and self-serving. Also, note no other organizations join the SFC in their proposed exemptions. The proposals are separate from SFC."

"As an DMCA expert, she decided to look into DMCA exemptions submissions from the Software Freedom Conservancy (SFC).""Just thought I'd mention, wow, not only is the language questionable, the proposed exemption seems self-serving to this org, and there's a typo!!! This is a very interesting proposal as opposing this may seem to not be in line with community. However, giving orgs like SFC an exemption to police software is rather chilling."

To quote: "A proposed new exemption for circumvention of technological protetion [sic] measures on computer programs for the purpose of: (a) investigating potential copyright infringement of the computer programs; and (b) making lawful use of computer programs (e.g. copying, modifying, redistributing, and updating free and open source software (FOSS))."

"While we would like to keep our free or open software free and open," our source explained, "in the past few decades, any legal action related to a violation of the GPL or other license has really not been positive. Are we expecting the Copyright Office to approve an exemption to allow a wild wild west-style policing of programs without due process or judicial record keeping?

"Take for example the VMware "battle". In fact, the SFC or Karen [Sandler of SFC] discussed how she was informed of the potential infringement. According to Karen herself, a letter was sent to VMware. She told a group of us, the VMware lawyer laughingly stated something like, "What are you going to do about it!"

"I guess he was right.

"It's important to understand that the SFC of 2020 is not the same SFC we saw in 2010.""We would hope others would respect our license(s), as we really should respect their choices also. Do you know of an org with the teeth to honestly pursue an actual infringement?

"That being said, this proposed exemption does not respect those who choose to copyright. While I am not a proponent of copyrighted works, we still need to respect the choices of others.

"Also, I recall in past copyright cases, judges have opened a portion of code relevant to the proceedings with regard to accusations of infringement - as part of the process, but did not open the entire codebase of a copyrighted work. The portion open was publicly noted during the case and there was record-keeping."

As a reminder, there's no doubt VMWare violated the GPL because insiders say so. Not only that; it was all along deliberate and done partly by people from Microsoft (there was a Microsoft influx at VMware, including the top roles).

"As a developer," said our source, "I understand if someone were to take open code and close this (a violation of our terms/license), that is not in line with our intentions. However, bypassing technological measures protecting code for simple discovery could very well open a Pandora's box of issues including viewing copyrighted code not in violation of a license. This seems like policing.

"There is an issue, that could be addressed or proposed in a more specific and determined manner, but not this broadly drafted exemption proposal by an organization sponsored by Microsoft... and the submission has a typo..."

It's important to undersand that the SFC of 2020 is not the same SFC we saw in 2010. Things change over time; a decade is a very long time.

Recent Techrights' Posts

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
 
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026