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Official statement regarding recent Greg' commit 6e90b675cf942e from Serge Semin

Hello Linux-kernel community,

I am sure you have already heard the news caused by the recent Greg' commit 6e90b675cf942e ("MAINTAINERS: Remove some entries due to various compliance requirements."). As you may have noticed the change concerned some of the Ru-related developers removal from the list of the official kernel maintainers, including me.

The community members rightly noted that the quite short commit log contained very vague terms with no explicit change justification. No matter how hard I tried to get more details about the reason, alas the senior maintainer I was discussing the matter with haven't given an explanation to what compliance requirements that was. I won't cite the exact emails text since it was a private messaging, but the key words are "sanctions", "sorry", "nothing I can do", "talk to your (company) lawyer"... I can't say for all the guys affected by the change, but my work for the community has been purely volunteer for more than a year now (and less than half of it had been payable before that). For that reason I have no any (company) lawyer to talk to, and honestly after the way the patch has been merged in I don't really want to now. Silently, behind everyone's back, bypassing the standard patch-review process, with no affected developers/subsystem notified - it's indeed the worse way to do what has been done. No gratitude, no credits to the developers for all these years of the devoted work for the community. No matter the reason of the situation but haven't we deserved more than that? Adding to the GREDITS file at least, no?..

I can't believe the kernel senior maintainers didn't consider that the patch wouldn't go unnoticed, and the situation might get out of control with unpredictable results for the community, if not straight away then in the middle or long term perspective. I am sure there have been plenty ways to solve the problem less harmfully, but they decided to take the easiest path. Alas what's done is done. A bifurcation point slightly initiated a year ago has just been fully implemented. The reason of the situation is obviously in the political ground which in this case surely shatters a basement the community has been built on in the first place. If so then God knows what might be next (who else might be sanctioned...), but the implemented move clearly sends a bad signal to the Linux community new comers, to the already working volunteers and hobbyists like me.

Thus even if it was still possible for me to send patches or perform some reviews, after what has been done my motivation to do that as a volunteer has simply vanished. (I might be doing a commercial upstreaming in future though). But before saying goodbye I'd like to express my gratitude to all the community members I have been lucky to work with during all these years.

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[–] [email protected] 174 points 2 months ago (2 children)

Later in that thread:

Please accept all of our apologies for the way this was handled. A summary of the legal advice the kernel is operating under is

If your company is on the U.S. OFAC SDN lists, subject to an OFAC sanctions program, or owned/controlled by a company on the list, our ability to collaborate with you will be subject to restrictions, and you cannot be in the MAINTAINERS file.

Anyone who wishes to can query the list here: https://sanctionssearch.ofac.treas.gov/

[–] [email protected] 130 points 2 months ago (3 children)

Which is exactly what anyone who wasn't wanting to just snort some concentrated outrage knew was the case.

And you can argue as to if OFAC list should apply to things like this or not, but the problem is that the enforcement options for OFAC violations include 'stomp you into the ground until you're powder', most people are just going to comply.

[–] [email protected] 8 points 2 months ago (4 children)

Also from that thread.

Again, we're really sorry it's come to this, but all of the Linux infrastructure and a lot of its maintainers are in the US and we can't ignore the requirements of US law. We are hoping that this action alone will be sufficient to satisfy the US Treasury department in charge of sanctions and we won't also have to remove any existing patches.

US law CAN'T apply on foreign ground, period. Nothing can. Just because they can bully their way around that, doesn't mean they are right.

And it should be only fair that Israeli maintainers be removed as well.

They should also rethink their infrastructure policy and whether they still want it on US soil.

This is all wishful thinking, I know, but this just goes to show you how they have absolutely no backbone whatsoever. As if anybody is gonna touch the Linux kernel and jeopardize the safety of millions of systems. We all know that is never going to happen, but they still bent over for the US... so typical... just goes to show you how little backbone everyone has, including Linus.

Oh, and don't get me started on the Russia/Finland history comment...

[–] [email protected] 26 points 2 months ago* (last edited 2 months ago) (9 children)

Does everyone here just not understand how international sanctions work?

As someone with a STEM degree in a STEM field, I'm consistently bummed out by how clearly silo'd my colleagues' educations were. It is so plainly obvious as soon as you try to have a conversation with them about anything outside of their area of expertise.

And don't bother trying to correct or teach them anything, because in their minds, they're smarter than you, and you have nothing worthwhile to teach them.

This thread is full of software engineers with just no concept of how society functions, or even a basic understanding of the geopolitical context of any of this.

[–] [email protected] 9 points 2 months ago (2 children)

I mean, if you're in a STEM field you really should understand how sanctions work because they matter to your work and, thus, to you.

[–] [email protected] 8 points 2 months ago

Yeah, well... Look around

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[–] [email protected] 14 points 2 months ago* (last edited 2 months ago) (18 children)

If the company is in the USA they can restrict who you colloborate with. They also can control what you export as a oftware product under ITAR/EAR rules. It is why when some encryotion work had to be done the devs crossed the border into Canada to work on development, because under USA law encryption code is a controlled export product even if opensource

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[–] [email protected] 20 points 2 months ago (5 children)

But folks who work for US companies building weapons for Israel are totes okay?

It's honestly fucking wild that an internationally developed open source project has to play by the US government's rules when the US government is out here helping commit genocide right the fuck now.

Like, look in the fucking mirror on this why don't you.

Maybe the better rule is that if you work for a company that produces weaponry for war you shouldn't be allowed to contribute, period.

[–] [email protected] 52 points 2 months ago (1 children)

Wow, I didn't know that being a Linux/open source contributor meant you don't have to follow your country's laws.

It's developed internationally but devs still reside somewhere and have to abide by the rules at that place. Linux in this case being represented by an US entity means they have to follow the gov's sanctions. If you want more or less of those, that's where (the government) you act.

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[–] [email protected] 28 points 2 months ago (8 children)

You may be amazed to learn that there aren't many international sanctions against the USA at this time, but I imagine you could probably get into legal trouble for collaborating with Americans if you're in, I don't know, North Korea maybe.

[–] [email protected] 20 points 2 months ago (2 children)

You may be amazed to learn that the reason there aren’t many international sanctions against the USA at this time is not because the USA is a beacon of peace, freedom, democracy, and national sovereignty. Because the US is very much not that.

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[–] [email protected] 16 points 2 months ago (1 children)

It's crazy how the US Treasury isn't sanctioning companies for working on US government approved contracts. /s

[–] [email protected] 20 points 2 months ago (6 children)
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[–] [email protected] 10 points 2 months ago* (last edited 2 months ago)

Maybe the better rule is that if you work for a company that produces weaponry for war you shouldn't be allowed to contribute, period.

This is something I can actually get behind on.

But, you see, there is just one teeency weeency tiny problem with that. They spend trucks of cash on whatever they deem will give them what they want, including funding organizations that they profit from.

[–] [email protected] 8 points 2 months ago (5 children)

But folks who work for US companies building weapons for Israel are totes okay?

Who here said this?

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[–] [email protected] 62 points 2 months ago (3 children)

It sucks if well meaning people are caught up in this, but it also sucks if you're living in the aggressor state of an ongoing war.

[–] [email protected] 31 points 2 months ago (11 children)

So shouldn't this also include the US and the many countries (most of Western Europe, plus others) involved in coalitions bombing the middle east and elsewhere?

[–] [email protected] 21 points 2 months ago (1 children)

Yes, if the issue was a moral one. This issue, however, is a legal one.

[–] [email protected] 13 points 2 months ago (2 children)

Then it isn't about living in an aggressor state, is it?

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[–] [email protected] 26 points 2 months ago (2 children)

Yeah must suck to live in Israel.

[–] [email protected] 9 points 2 months ago

Not as much as living in Palestine or Ukraine.

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[–] [email protected] 10 points 2 months ago (2 children)

These people allegedly work for companies that work for the Russian war machine. They will regain privileges if they don't work for them. So if they find a moral job, they'll be treated morally.

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[–] Matty_r 52 points 2 months ago (2 children)

Honestly must be incredibly stressful managing a project like the Linux kernel. Governments constantly wanting changes made for their own purposes, companies leeching off the work of volunteers, neck beards losing their minds over some change they don't like.

I don't envy them at all. This sort of change was inevitability going to piss people off - it could have been handled better but I think it was going to be lose/lose no matter which way it was done.

[–] [email protected] 28 points 2 months ago (10 children)

I personally think this is a cop out. Obviously people would have been outraged either way, but personally my only issue is about how it was done. The whole point of the FOSS community is openness and transparency. The senior maintainers of arguably the most important FOSS project trying to operate secretively on something like this has shattered my trust in them, as well as many others.

[–] [email protected] 12 points 2 months ago (4 children)

The senior maintainers of arguably the most important FOSS project trying to operate secretively on something like this has shattered my trust in them, as well as many others.

Basically, my stand on this.

And that it was dismissed like it was "no big deal" by Linus and some of the other senior maintainers.

But seriously, Linus's comment regarding this was... just... I have no words... he basically put every Russian in the same basket, called them trolls and added a racist comment on top of that, I mean... yeah, I lost all respect for him. At least his previous fits were about code and only if someone fucked up something, this is completely different.

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[–] [email protected] 45 points 2 months ago (6 children)

Are they legally bound to follow any sanction list in their dealings? If so Linux foundation should consider move out of the US jurisdiction, because the santion load is just going to increase and more countries will be included.

If they are just doing this because of a political fad and partaking "the current thing" then they are just voluntarily digging their own and the linux foundation's grave.

[–] [email protected] 13 points 2 months ago* (last edited 2 months ago) (5 children)

because the santion load is just going to increase and more countries will be included.

Not to mention more stupid shit, like not being able to visit the US if your wife is Russian, cuz.. you know, you might be a spy.

If they are just doing this because of a political fad and partaking "the current thing" then they are just voluntarily digging their own and the linux foundation's grave.

My 2 cents. Nobody is asking them to do anything... yet... and they probably never will, but... they're scared shitless and they would rather comply, even for things no one is asking of them yet and is dubious whether or not they're even covered by the sanctions, than show some backbone.

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[–] [email protected] 10 points 2 months ago

Linus chose to move to the US as well to become a US citizen.

To be fair he never claimed to be an idealist.

Also he is anti Russian himself as he made clear in his first comment in the thread. So being forced to remove them is probably a bonus for him.

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[–] [email protected] 18 points 2 months ago (3 children)

Wait linux community is removing maintainters because of their nationality???!!

[–] [email protected] 43 points 2 months ago (3 children)

It's not about nationality. Here are the facts:

  1. LF is USA based (headquarters in California), as such they're subject to USA law
  2. USA imposed sanctions on companies that are directly involved in supplying Russia with weapons.
  3. To have business, including receiving help, from those companies would open LF to legal repercussions in the country where they're based.
  4. Baikal Electronic JSC is on the sanctioned list.
  5. Serge Sermin public GitHub profile listed Baikal as their employer

Therefore to not remove Serge from the maintainers would open LF to legal repercussions.

You might not agree with what was done, I certainly don't, but I understand it.

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[–] [email protected] 41 points 2 months ago (12 children)

Not nationality but alleged involvement with sanctioned organizations. There are plenty of Russian names on maintainers list remaining.

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[–] LeFantome 20 points 2 months ago

Let’s just say this properly ok so that 70 percent of the commenters here might better understand.

Association with some of the people previously on the kernel maintainers list was putting the Linux kernel at risk. The risk was that European, American, and other users may be prohibited from using it. The risk was that entities such as the Linux Foundation could be held in contempt of sanctions and sanctioned themselves. That could mean financial damage or even a full stop to operations.

If the kernel were sanctioned, every entity, individual or company, could be put at risk.

Association with sanctioned individuals put every other maintainer at risk. Being listed together in the maintainers file put many innocent people in extreme jeopardy.

So, let’s say this properly ok…

Some of the maintainers were removed to defend the Linux kernel and the many, many entities ( individual and corporate ) that use it. They were removed to protect the other maintainers and the people and companies that they associate with.

The Linux Foundation, being American, may have been particularly at risk. But “moving” the kernel does nothing. The contributors and maintainers are still wherever they are. Linux users are equally economically dependent on the US and Europe regardless. The issue are the international sanctions. My country has issued them too ( neither American or European ). And blaming the counties that issued the sanctions, instead of blaming Russia, is a very interesting morale position to take ( not getting into that here ).

My first reaction was to have a problem with how this was done. However, once you acknowledge the association, any interaction, collaboration, or communication becomes even more problematic as you KNOW that you are working with sanctioned individuals. So, doing it simply and succinctly was probably best.

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