On Sun, Jan 30, 2022 at 8:35 PM Russ Allbery <r...@debian.org> wrote: > > I do think that the amount of effort that the project puts into this > pre-screening is of sufficiently high magnitude that it would be worth > paying a lawyer for a legal opinion about whether or not we need to do > it. The savings to the project if we found out that we didn't, or that we > could do something simpler and more easily automated, would be more than > the cost of the legal opinion.
+1 Looking at the last financial numbers I found [1], we have at least ~750k USD we could use for this purpose. I don't really know how expensive lawyers are, but I doubt that this would cost more than 10k. Heck, we could even hire two lawyers without any significant financial impact (maybe in the US and EU as I think these are probably the most prominent areas for potential copyright lawsuits), even if it costs 50k. IMHO that would be totally worth it. And instead of investing scarce man-hours into pre-screening, we could create a money pool for financial support in case there is a copyright lawsuit. The pre-screening in NEW doesn't prevent someone from claiming copyright infringement anyway, there is just a smaller chance that the lawsuit is justified. But sadly even winning a lawsuit can still cost a significant amount of money. If I compare how other mediums handle copyright violations, most services have a "file a claim infringed copyright here" button on their site (e.g. YouTube). For example, we could write a DMCA policy like e.g. Github [2], hyperlink in the footer of all our official websites, make a small "debian-dmca" tool that is always available in our builds to file claims and provide infrastructure to process such claims. I highly doubt that anyone will ever directly start a lawsuit instead of sending a cease-and-desist letter first, I'm not even sure if it is legal to start a lawsuit without doing this first. IANAL of course, but that's why we should actually pay one. If we just keep discussing and amending "IANAL" to our messages we won't fix any of our problems. And of course in addition to paying a lawyer, we should ask what other distros do (especially Ubuntu, SUSE and RedHat as they are from large companies with a legal department). Regards, Stephan [1] https://lists.debian.org/debian-devel-announce/2021/08/msg00005.html [2] https://docs.github.com/en/github/site-policy/dmca-takedown-policy
