>
> > > > If you have a concrete reason why it does help to continue to ignore
> > > bylaws
> > > > that are inconvenient for whatever is more convenient, then you are
> free
> > > to
> > > > make a case for that. California law probably would probably override
> > > that
> > > > idea, though.
> > >
> > > I tried to nicest way to let you see a different point of view, taking
> > > into account the previous failure to have any discussion with you.
> > >
> > > It seems you're not open in understanding what I mean.
> > >
> > > > This is not a complicated process, it is fairly clear and transparent
> > > > (especially when compared with the alternative). What is the problem
> with
> > > > using It?
> > >
> > > Yeah, just focus on whatever the bylaws might or not might take. Did
> you
> > > read my email? Did you make any effort to grasp what I'm trying to say?
> > >
> > > Your questions indicate you did not.
> > >
> >
> > The effort I made was to I ask what you were on about and that is still
> not
> > very clear.
>
> I'll try in a different way:
> - there's apparently a different criteria being applied
> - you seem to focus on what the bylaws state
>
> This IMO skips an important part of trying to figure out why a different
> criteria is being applied. For instance, you mention that according to
> the bylaws it is not allowed to make a distinction.


Yes. Most of the arguments for why this is not a big deal, are based around
the assumption that the argument for applying a different criteria is
strong - a no brainer, even. I imagine it would be hard to understand where
I am coming from unless you are able to concede that the evidence to
support the need to applying a different criteria is being applied, is
actually very questionable.


> Further, it is not allowed by some court. I don't think you're right in
> asserting that.


All organisations have to obey the law and bylaws are the laws which govern
the organisation and I am right in asserting that. Would it ever actually
go to court? Unlikely. Would we be able to defend our conduct in court?
Unlikely and that's the point. So I am guessing you mean "right" in the
ethical sense?

I have actually never come across a non-profit organisation as loosely
regulated as GNOME with so few rules and published policy, so personally I
have to admit I find it a bit of a culture shock to see that following the
relatively very few rules we have established is seen as such a great
challenge to a few members. The handful of bylaws which have been
established to ensure contributors are treated fairly and members have a
democratic influence, have relevance to the how GNOME is run and its
membership though. So, I think it's the right thing to do by the people who
are adversely affected by this policy to ensure we treat them fairly by
observing the membership and amendment bylaws and it's the right thing
thing for the community as a whole to ensure GNOME is representative of
it's contributing members by not making decisions like this, lightly. I
believe it is ethical for us to observe our duty to honour the rules which
regulate this organisation and part of that duty is proposing amendments to
the rules to seek consent to modify those which which we collectively do
not agree with. This process gives us an opportunity to ensure there is
compelling evidence to support our proposals so we are not just basing our
actions, which affect other people, on our own preconceived ideas about
what motivates those people.

I might totally agree with you that having the distinction is wrong, but
> regarding this point I don't see it the same way. Especially regarding
> assumptions on what a judge would rule and so on. There's more to it
> than just bylaws. IMO you have too much of a programmers view on this.
>

You could be right there, however I think it comes back to the point about
whether I/you/we are able to concede that the assumptions informing
applying a different criteria are weak, or not. I am able to concede that
they are weak which is why I have been keen we take this problem back to
first principles.

Could even be that standard practice trumps bylaws.
>

I'm not sure what you mean here, could you clarify?

IMO it is better to first focus on *why* a different criteria is applied
> and then figure out what to do, rather than ignoring the why and going
> for *if* they can do that.


This is something I believe could happen if an amendment were to be
proposed with compelling evidence to support it so we are able to take an
informed vote on it. At the moment the issue is that a decision which
overrides the bylaws has already been made in the establishment of this
policy, which means members are put in a position where we have to defend
the bylaws but that the policy decision somehow doesn't seem to have to be
defended with compelling evidence - which is the wrong way round.

IMO if there's a valid concern then it really
> doesn't matter to spend so much time on if they're allowed or not.
>

Therein lies the core difference in how we perceive this: I believe the
concern may be valid enough to investigate, but I do not believe the
"problem" has been quantified and therefore I do not believe the argument
for this policy is substantiated and hence I do not believe it is a waste
of time to spend so much time on if they're allowed to act on the
assumptions that have been made about it. Moreover, we have no idea whether
this approach is actually causing more harm than good. It could actually be
making more interns unwelcome and unappreciated and deterring them from
continuing to contribute to the project. We are generally acting on an
awful lot of assumptions by taking action to address a perceived problem
which we really haven't analysed concrete data for.

> Those following, might have noticed that this was done in the opening part
> > of the discussion and it seemed to be generally agreed that some interns
> do
> > make non-trivial contributions. At least, nobody seems to have disagreed
> > with that idea, anyway.
>
> Most interns seem to vanish quite quickly after their internship is
> over. Maybe not true at all anymore, there are a few exceptions, but
> that has been a topic of discussion for various years.
>

The question is not just about whether they most of them vanish, although I
agree that's clearly part of it. We need to be able to compare their
behaviour to other kinds of contributors statistically, accounting for all
our sources of error, before we can begin to make any assumptions
or predictions about this model. Let's see the raw data and analyse it
first.

Magdalen
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