Bonum Certa Men Certa

Consent & Debian's illegitimate constitution

posted by Roy Schestowitz on Mar 28, 2024

[Article 2 years old]

Reprinted with permission from Daniel Pocock.

When an association is founded, whether it is incorporated or not, each member must give positive consent to be a member and to be bound by the organization's constitution. Being a member and being governed by the constitution are inseparable. The constitution is effectively a type of contract between the members. If a contract is not signed, it is not valid and if a member has not assented to create the association, they are not a member at all.

Between 1993 and 1998, the original authors of Debian worked together without a constitution. They achieved a lot.

When a constitution was proposed in 1998, 357 co-authors of Debian were asked to vote on the constitution. This is not really voting though: people who gave a positive vote were agreeing to be members. People who gave a negative vote or did not vote at all have not consented to the constitution and therefore there is no way we can think of them as members of anything.

The names of people who voted were published. Those people, just 86 developers, became members of an association by giving their positive assent to be governed by a constitution in their dealings with each other.

That means there are 357 - 86 = 271 people, or 76 percent, who were satisfied to work on Debian as joint authors without any notion of an association.

A few weeks after 86 people formed their association, Jonathan McDowell copied 489 keys into the Debian keyring repository. Some people have more than one key so it is not exactly 489 people. By combining the 86 confirmed members with all the people who did not choose to be a member, McDowell and others have made it hard for the rest of the world to distinguish who is a member and who is simply an author of Debian.

One interesting fact is that Debian's founder, Ian Murdock, is not in the list of voters and therefore he did not choose to be a member of this association. Nonetheless, his PGP keys were copied into the repository along with all the people who did and did not consent to the constitution. Look for 0xB21F8AD1961545A1 and 0xBFDB61BDE340CA99. The Debian people tracker shows Murdock was removed very quickly on 28 December 2015, the very day he committed suicide.

Ian Murdock, Debian, constitution

Reading the original constitution, we see that it was presented as a model for decision making but it also includes authorisations for another organization, Software in the Public Interest, Inc, (SPI) to hold some Debian assets. We can think of this asset transfer like a corporate takeover. The shareholders in the company that is being sold have to almost unanimously give positive consent to the deal. Likewise, all 357 co-authors of Debian had shares in the copyright and good will towards the Debian name. These are valuable assets and less than 25 percent gave positive consent for those assets to be kept at arm's length in SPI.

Why did so many people not consent to having a constitution? Maybe they had the foresight to see how future volunteers would become slaves to a political monstrosity.

A blog like this can't be complete without some contemporaneous evidence from debian-private to show how Debian's authors really felt about these matters:

Subject: Re: Debian Project Adopts a Constitution
Date: Tue, 15 Dec 1998 09:25:48 +0000
From: Austin Donnelly <and1000@debian.org>
To: debian-private@lists.debian.org

On Mon, 14 Dec 1998, Nils Lohner wrote:
> The constitution was proposed in September 1998, and after a > discussion period the vote took place in December 1998. It was > virtually unanimously in favor with 86 valid votes.
I find it worrying that this was passed with a mere 24% (86 out of 357) of the developers voting. What happened? Why such apathy?
Austin

and here is more background about the discussions taking place during the voting period █

Subject: OSI vs. the facts?
Date: Mon, 23 Nov 1998 12:36:16 -0600
From: John Goerzen <jgoerzen@complete.org>
To: debian-private@lists.debian.org
CC: esr@snark.thyrsus.com, bruce@pixar.com

Hello,
I am DEEPLY disturbed by what I find at http://www.opensource.org/osi-launch.html. I first want to say that I am not going to infer personal things about the people behind it in this message as others in the Free Software community have; indeed, I am very appreciative of Mr. Raymond's efforts in fetchmail, emacs, Jargon File, term{cap,info}, etc.
However, as somebody that has been working on free software for years, and with Debian for some time as well, I cannot simply let these statements go without comment.
First, there is no "new era" for the hacker culture. It's the same as it always was. The term "Open Source" has not effected the hacker culture. Of all people, ESR should be able to see this.
Secondly, it is wholly unethical and incorrect of you to claim sole credit for conversions on the part of Netscape, Corel, and IBM. Your own writings, Eric, indicate that Netscape chose that development strategy because of its inherent advantages, not because it had a catchy name. Further, you ignore the efforts of pioneers and those that have fought the battle while it still looked like a losing one. When you start taking credit when Stallman's ideas start catching on, this is a serious travesty.
Next, you claim to resolve the GNOME/KDE flamewar. First, this was not due solely to you. If anything, it was due to the pressure put on Troll Tech. by a post-Perens Debian. Furthermore, nothing has been resolved. Stallman still confirms everyone's fears that QPL is incompatible with GPL, and so there are still issues about using people's GPL code with QPL code without getting permission to do so.
Read the SPI bylaws. SPI is not just about Debian or Linux. Even if it were, Debian is not just about Linux (Debian GNU/Hurd exists, you know.) That is a piece of *blatantly* false material. Had you cared to check, you would have seen that Linux is not mentioned at all in the bylaws, and that Debian is mentioned only in relation to the technical makeup of SPI, not its goals and reasons for existance.
This brings us to Bruce's involvement. He previously sent this list a rather rude message to the Debian developers, "eat s*** and die" (although he spelled it out.) Bruce further indicated (lied, apparently) that he would never again be involved in open source / free software. I am gravely concerned about the stability of the company with somebody like that on it. I'm sorry, but the people on debian-private have done far more for the advancement of free software than Bruce ever did, and if he would say that to us, how do we know that he's going to present a good image of the community on a whole?
Finally, and perhaps this is just because I am writing an analysis of the free software methods from a utilitarian perspective for a Philosophy class, and this may be a bit off-topic, but it really bothers me that OpenSource.Org can still advocate the use of non-free software in some situations. Even if it makes money in the short run, it is just plain *WRONG* as RMS has said eloquently on numerous occasions. Does nobody care about ethics anymore? About doint the right thing?
Now, having said all this, I'm not against using "Open Source" itself if it helps spread the word of the community. I do object to changing traditional aspects of the community to fit that mold, lying about accomplishments and belittling the contributions and accomplishments of others.
Finally, I don't know if you people are actively TRYING to get SPI sued, or Debian hurt or something, but the thing at http://www.opensource.org/halloween-nightmare.html is EXACTLY the Microsoft-like tactics that you complain about, but worse, subjects us to the possibility of lawsuit. While I don't see anything terribly incorrect or wrong with the picture myself, it does NOT deserve to be at OpenSource.org. Neither does http://www.opensource.org/halloween-rant.html. Free software is not about killing a company; it's about writing better software; the competition is irrelevant. Never lose sight of that.
-- John Goerzen Linux, Unix consulting & programming jgoerzen@complete.org | Developer, Debian GNU/Linux (Free powerful OS upgrade) www.debian.org | ----------------------------------------------------------------------------+ Visit the Air Capital Linux Users Group on the web at http://www.aclug.org

Other Recent Techrights' Posts

Today The Register MS Published "SPONSORED POST" Paid for by the Communist Party of China, It Mentions "AI" 19 Times
The Register MS is a marketing company
 
Techrights Search One Year Later
This year, as we turn 20 in just over 2 weeks, we'll have more surprises and enhancements
EPO Strikes Will Carry on Until End of This Year (as We Predicted), Will Likely Continue Next Year/s
Do we still have media in Europe?
'Cocaine King' Campinos Doesn't Have Sufficient Votes to Carry On Unchallenged, But He Has 2 More Months to Bribe Voters With 'Cooperation Money'
In any democratic, functioning institution they would not even ask if he can continue another term; he would be summarily sacked and investigated over the corruption, the cocaine, the racism and so on
Media 'Blackout' About Microsoft-Danfoss Connection After Almost 1,000 Supermarkets in France Get Cracked, Huge Amount of Food Destroyed
someone deployed malware to fridges
In Late October 2025 Spouse of Matthew Garrett Said He Had Them Raped and Broke Legs of Puppies, This Week Says He "Doesn’t Know How to Use Computers or Power Tools" (He Studied Genetics, Not Computers)
Harvey Weinstein did the same
Microsoft is Paying Many Workers to Leave the Company This Year, Just Don't Call it "Layoffs"
in some cases Microsoft pays people to leave while calling it "voluntary"
Gemini Links 19/10/2026: Orchids, Reducing GAFAM Reliance, and Deploying on OpenBSD
Links for the day
Links 19/10/2026: Intense Protests in France and "Zelenskyy Says Russia Seeking Blackout In Ukraine"
Links for the day
Intercontinental Brigading - Part VIII - How We Convinced British Police That the Americans Were Just Manipulating and Tricking Them at the Expense of British Taxpayers
Their job is to protect communities, not the feelings of Americans who threaten violence
IBM CEO Boasts to the Media About "AI" Momentum While Sacking His Workers Who Worked On It
Recently, IBM took a bailout and got rid of many workers
Corrupt Media Benefits Corrupt Officials (the Case of IBM)
IBM’s Pre-Earnings Publicity Blitz
Links 19/10/2026: "Investors Disturbed by Anthropic's Financial Data" and "The "Dead Internet" Is Here" (Slop and Bots Running on Huge Debt)
Links for the day
Gemini Links 19/10/2026: ICEYE/SAR, Smol Servers, and Starting an Open Access Journal
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 18, 2026
IRC logs for Sunday, October 18, 2026
Gemini Links 18/10/2026: Hobbies, RAM Prices, and Avoiding GAFAM
Links for the day
Intercontinental Brigading - Part VII - Weekend Abuse Reported to British Police (Rogue Actors Take No Breaks)
Some time in the next few days I'll share an elaborate report
Gemini Links 18/10/2026: Hospitals, Literature, Fixed IP Addresses, and Sunday Types
Links for the day
Links 18/10/2026: Brazil Reduces Deforestation, Some 4-5 Gray's Inn Square Scandals in Insolvency Petition of Reform UK
Links for the day
UbuntuBuzz is LLM Slop
Tragic
"Assisted by NSA" and "It's Just a Tool" (So Fine!)
Free software is meant to be produced by people who value and pursue Software Freedom
Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare