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authorJonathan Wiltshire <jmw@debian.org>2022-08-06 15:46:11 +0100
committerBoyuan Yang <byang@debian.org>2022-08-06 16:49:34 +0000
commitfb32c5e9dc367a5109c533d3a7c5eedbd9828fa2 (patch)
treeb4a6e095090c70542254ad8194068c73d36fbe1a /english/legal
parentcf133a942fe16b243d49022be33fa3407f9d4b79 (diff)
New page explaining the transfer of debian.community to the Project
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+#use wml::debian::template title="debian.community domain"
+#use wml::debian::faq
+
+<link href="$(HOME)/font-awesome.css" rel="stylesheet" type="text/css">
+
+<p style="display: block; border: solid; padding: 1em; background-color: #FFF29F;">
+ <i class="fa fa-unlink fa-3x"></i>
+ If you reached this page via a link to <a
+ href="https://debian.community">debian.community</a>, the page you requested
+ no longer exists. Read on to find out why.
+</p>
+
+<ul class="toc">
+ <li><a href="#background">Background</a></li>
+ <li><a href="#statements">Previous Statements</a></li>
+ <li><a href="#faq">Frequently Asked Questions</a></li>
+</ul>
+
+<h2><a id="background">Background</a></h2>
+
+<p>
+ In July 2022 the World Intellectual Property Organization determined that
+ the domain <a href="https://debian.community/">debian.community</a> had been
+ registered in bad faith and was being used to tarnish the trademarks of the
+ Debian Project. It ordered that the domain be handed to the Project.
+</p>
+
+<h2><a id="statements">Previous statements</a></h2>
+
+<h3><a id="statement-debian">
+ Debian Project: harassment from Daniel Pocock
+</a></h3>
+
+<p>
+ <i>First published: <a href="$(HOME)/News/2021/20211117">November
+17th, 2021</a></i>
+</p>
+
+<p>
+Debian is aware of a number of public posts made about Debian and its
+community members on a series of websites by a Mr Daniel Pocock, who
+purports to be a Debian Developer.
+</p>
+
+<p>
+Mr Pocock is not associated with Debian. He is neither a Debian Developer,
+nor a member of the Debian community. He was formerly a Debian Developer,
+but was expelled from the project some years ago for engaging in behaviour
+which was destructive to Debian's reputation and to the community itself.
+He has not been a member of the Debian Project since 2018. He is also
+banned from participating in the Debian community in any form, including
+through technical contributions, participating in online spaces, or
+attending conferences and/or events. He has no right or standing to
+represent Debian in any capacity, or to represent himself as a Debian
+Developer or member of the Debian community.
+</p>
+
+<p>
+In the time since he was expelled from the project, Mr Pocock has engaged
+in an ongoing and extensive campaign of retaliatory harassment by making a
+number of inflammatory and defamatory posts online, in particular on a
+website which purports to be a Debian website. The contents of these posts
+involve not only Debian, but also a number of its Developers and
+volunteers. He has also continued to misrepresent himself as being a member
+of the Debian Community in much of his communication and public
+presentations. Please see this article for a list of the official Debian
+communication channels. Legal action is being considered for, amongst other
+things, defamation, malicious falsehood and harassment.
+</p>
+
+<p>
+Debian stands together as a community, and against harassment. We have a
+code of conduct that guides our response to harmful behaviour in our
+community, and we will continue to act to protect our community and
+volunteers. Please do not hesitate to contact the Debian Community team if
+you have concerns or need support. In the meantime, all of Debian's and its
+volunteers' rights are reserved.
+</p>
+
+<h3><a id="statement-other">Statements from other projects</a></h3>
+
+<ul>
+ <li>
+ <a href="https://fsfe.org/about/legal/minutes/minutes-2019-10-12.en.pdf#page=17">
+ Free Software Foundation Europe e.V.</a> (first published October 12, 2019)
+ </li>
+ <li>
+ <a href="https://openlabs.cc/en/statement-we-have-been-a-target-of-disinformation-efforts-our-initial-reaction/">
+ Open Labs</a> (first published May 26, 2021)
+ </li>
+ <li>
+ <a href="https://communityblog.fedoraproject.org/statement-on-we-make-fedora/">
+ Fedora</a> (first published January 31, 2022)
+ </li>
+</ul>
+
+<h2><a id="faq">Frequently asked questions</a></h2>
+
+<question>
+ Why was the domain transferred to Debian?
+</question>
+
+<answer><p>
+ Debian pursued a complaint with WIPO that the domain was being used for bad
+ faith infringement of Debian's trademarks. In July 2022 the WIPO panel
+ agreed that the previous registrant had no rights or interest in the
+ trademarks and was using them in bad faith, and transferred the domain to
+ the Debian Project.
+</p></answer>
+
+<question>
+ What was Debian's objection to the content?
+</question>
+
+<answer><p>
+ The content of the <a href="https://debian.community/">debian.community</a>
+ site tarnished Debian's trademarks by associating them with unsubstantiated
+ claims and links to cults, insinuations of enslavement and abuse of
+ volunteers.
+</p></answer>
+
+<question>
+ Who was behind the previous site?
+</question>
+
+<answer><p>
+ The previous registrant of the domain was Free Software Contributors
+ Association, an unregistered association in Switzerland. In its complaint
+ to WIPO, Debian asserted that the association is an alter ego for
+ Daniel Pocock.
+</p></answer>
+
+<question>
+ Can I read the WIPO judgement in full?
+</question>
+
+<answer><p>
+ Yes, it is
+ <a href="https://www.wipo.int/amc/en/domains/decisions/pdf/2022/d2022-1524.pdf">
+ publicly archived</a>.
+</p></answer>
+
+<question>
+ Did the panel find that the articles were defamatory?
+</question>
+
+<answer><p>
+ The panel was not permitted to make a finding either way - it is beyond the
+ panel's jurisdiction. The panel was only in a position to find that the
+ registrant registered and used the domain in bad faith to tarnish Debian's
+ trademarks.
+</p></answer>
+
+<question>
+ Will Debian be taking any other action?
+</question>
+
+<answer><p>
+ This information cannot be publicly disclosed. The Debian Project continues
+ to monitor the situation and consult with its legal counsel.
+</p></answer>
+
+<h2><a id="further-info">Further information<a/></h2>
+
+<ul>
+ <li>
+ <a href="$(HOME)/intro/people">
+ Debian Project: People: Who we are and what we do</a>
+ </li>
+ <li>
+ <a href="$(HOME)/intro/philosophy">
+ Debian Project: Our Philosophy: Why we do it and how we do it</a>
+ </li>
+</ul>
+

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