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Comment Re:Context? (Score 1) 131

Absolutely. Even companies that try to switch licenses to "protect" their code, like MinIO did, run the risk of people quickly switching to or creating alternatives. Like RustFS was created specifically to deal with the frustration of MinIO's change.

AGPL is a plague. GPL, I tolerate, though I have a strong preference towards v2. But AGPL has no redeeming qualities. The hypothetical world where someone creates a closed-source fork of a web service, convinces everyone to use it, and then holds their data hostage just isn't particularly plausible.

Meanwhile, AGPL precludes any interesting integrations, custom in-house authentication systems, using custom database backends, and all sorts of other stuff that potentially is useful to keep company-proprietary, but that has no impact whatsoever on the hypothetical freedoms that the AGPL is intended to protect.

It's a license that is so toxic that even companies that are strong proponents of open source with large open source offerings have outright bans on letting AGPLed code anywhere on the premises.

As far as I can tell, the main benefit of AGPL is for companies that create code and want to release it to the public as "free software", because by requiring contributor agreements, they can keep their own branch proprietary while forcing everyone else in the world to comply with the AGPL, thus ensuring that the only company that can create their own proprietary features is them.

Comment Re: Context? (Score 1) 131

It's definitely an interesting case, but it doesn't fit the original description. The GPL didn't prevent Linksys from strangling the free version of anything. No free WiFi routers ever existed, and Linksys did not destroy demand for the Linux kernel or the GNU C library.

Also, nothing in that case forced Linksys to open anything. They could have switched to a BSD kernel and C library, and they would have been in compliance. They chose to open it because they figured it was an easy way to make the case go away, and it could produce good will in the community. And it ended up being a minor windfall for Linksys.

Comment Re:Can I pay him not to post? (Score 1) 196

isn't even clearly defined

The definition is literally in the clause - the president gets a salary for being a president and nothing else.

Crystal clear.

I wish it were that simple.

First, note that there isn't one emoluments clause, there are two. And they're quite different.

The Foreign Emoluments clause prohibits any officer of the government, which would include the president, though that's not specifically stated, from accepting a "present" from any foreign government. The problem with this is that it's not clear how it's supposed to be enforced with respect to the president. Traditionally, presidents have treated gifts as gifts to the country, and when they wanted to make an exception they asked Congress to authorize it. Mostly. George Washington famously kept a painting the French gave him. Trump, er, took a different approach, simply ignoring the Foreign Emoluments clause, which the Constitution says isn't allowed... but then what? Congress never passed any law defining how exactly the clause was supposed to apply to the president (there are laws about not accepting gifts for pretty much everyone else in the executive branch)... so, how it might work is undefined.

During Trump's first term, a bunch of Congressional Democrats sued Trump for violating the Foreign Emoluments clause, and their suit was dismissed for lack of standing. Courts ruled that individual legislators (much less individual Americans) lack standing to sue over it, only Congress as a body has standing, and Congress as a body hasn't been interested in acting. There were also some suits by DC hospitality businesses claiming economic injury because foreign visitors chose Trump's properties to curry favor. The district court said they didn't have standing but that was reversed on appeal.. but never decided because it was mooted when he left office. The DC and Maryland governments sued and courts went back and forth on their standing, but that was never decided either, then mooted when he left.

So... at present there is no enforcement mechanism unless Congress creates one, or unless the courts decide that someone (and it's not clear who that might be) has standing. And we also have no idea what the remedies might be.

The Domestic Emoluments clause is more precise, but very narrow. It says Congress can't change the president's salary during their term, and that the president can't be paid by the federal government (other than his salary) nor any state government. That says nothing about Wall Street bros buying insider info, people paying for pardons, hodlers buying crypto to get a sit-down... none of that.

Comment Re:Well it was inevitable (Score 4, Informative) 102

"the US president beefs with wind." The alleged U.S. president is nothing but wind.

His latest bright idea is to tariff Canada for the smoke from their wild fires while conveniently not mentioning the ones in Wisconsin and Minnesota.

I hope someone suggests to him he have a wall built to keep out the "Canadian" smoke. That would be sheer enjoyment for me.

Comment Re:New normals (Score 2) 196

It didn't fucking matter because that case had nothing to do with the presidency.

Gingrich and crew make a political calculation. They overreached and went after impeachment and removal over something that could have been handled with disbarment.

They made a political calculation to ask under oath about an affair that was nobody's business, hoping to catch him in a lie. I believe the word here is "entrapment". So the GP is right about when it started; he/she just incorrectly understood which party started it.

It was always the Republicans.

Nixon tried to start it back in the 1970s. He just found out the hard way that there were still too many Republicans with morals and ethics remaining in the party. So they spent the next four decades driving them out. What remains is the shell of the former Republican Party, surrounding a core of rot and disease. And that is why "President" Trump is still in office.

Comment Re:Madness (Score 1) 196

And half the country gives out a collective yawn.

Not exactly a yawn. More like a shake of the head at more evidence that all politicians are on the take, perhaps with a wry grin that "their guy" is smarter and better at it and so makes a lot more money.

I mostly don't talk politics with my family because they're Trump supporters and it creates friction, and accomplishes nothing. This morning, though, when I saw this news, I started typing a post on the family chat to ask if they're really okay with it. By the time I got to the end, I realized I knew exactly what their response would be "Nancy Pelosi does it, too, Trump just does it better", so I deleted my post, unsent.

That reply is wrong in degree, of course, but, sadly, it's not wrong in kind. We've long tolerated insider trading by Congress, and a revolving door between regulators and the companies they regulate. The Supreme Court has allowed its justices to take veiled bribes, and even ruled that government officials can accept bribes as long as the payoff comes after the action. Prior to Trump, presidents and their staffs stayed out of this mud, but if others can do it, why not the president?

The root of the problem is voter acceptance of corruption. Too many Americans just assume that all politicians are corrupt and there's nothing you can do. They're wrong on both points -- and in fact the US previously did have massive public corruption and then mostly shut it off, but Americans don't know their own history -- but until voters care enough to get Congress to act, this is the new normal.

Comment Re:Can I pay him not to post? (Score 1) 196

It is completely illegal. Here's how:

The Domestic Emoluments Clause (a.k.a. the Presidential Emoluments Clause) (art. II, 1, cl. 7): “The President shall, at stated Times, receive for his Services, a Compensation which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.”

That's written in the basic US law, which TRUMPs any other laws.

It should be, but the Emoluments Clause has never been enforced and "Emoluments" isn't even clearly defined, legally speaking. It's pretty much a dead letter.

The only practical backstop here is impeachment and conviction, but the Republicans in Congress aren't going to allow that, not until and unless their voters begin to care.

The AC who replied is technically wrong: The immunity ruling only applies to official acts, and Trump's participation in TMG is not official. However, Trump would probably claim that he had nothing to do with this decision and the immunity ruling also effectively prevents investigation of any personal crimes that were committed because it blocks investigation of anything that touches on official acts. So as long as Trump made the call ordering it from the from the Oval Office, it's unlikely that any evidence could be obtained. If someone in the know at TMG testified against him, that would work, but it's very unlikely anyone with a conscience has direct knowledge.

Comment Re:Can I pay him not to post? (Score 1) 196

Well, yes. For many years, presidential candidates, both Democratic and Republican, referred to the United States as "the indispensible nation". And my reaction was always, "Doesn't that mean the US is a single point of failure for civilization?"

We are currently performing an experiment which addresses this question: can the US enjoy the benefits of soft power without the cost? That's the whole point of obeying *norms*. No individual force is going to punish you if you are treacherous, mercurial, foul-mouthed, disrespectful and generally unpredictable. Everyone will punish you.

I think an inevitable cost of this experiment will be that the world will decide that the US can't be a single point of failure for global democracy any longer. In many ways, that's something that will be good for us. But it's also going to cost us in painful ways. When the world decides to move away from the dollar as the international reserve currency, you will see both inflation and higher interest rates on everything from credit cards to mortgages, to business loans that will offset the export advantages. We will need *more* business investment to shift the economy to producing low value goods again, so the transition will be rocky.

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