News for hackers. Stuff that matters.
Re:It's time to talk about post-RMS Free Software by deanclatworthy on Saturday September 14, 2019 @09:38AM (#20970677)
I grow more and more tired of these discussions. Talks of banishing people because they’re ignorant, rude, sexist. Conferences are getting shut down, people are having their world turned upside down for being ignorant. Every topic is a hot potato. I feel i can’t even have a reasonable conversation about diversity, ignorance, or whatever the controversy of the day is. It’s easier to just be quiet than express opinions.
Re:It's time to talk about post-RMS Free Software by pjc50 on Saturday September 14, 2019 @09:40AM (#20970685)
> Talks of banishing people because they’re ignorant, rude, sexist.

The problem is that not getting those people to stop doing that - or, if necessary, excluding them - causes them to exclude other people.

Re:It's time to talk about post-RMS Free Software by zzzcpan on Saturday September 14, 2019 @11:21AM (#20971335)
> The problem is that not getting those people to stop doing that - or, if necessary, excluding them - causes them to exclude other people.

And getting those people to stop excludes people who don't like for anyone to force them to stop and to cave to the mobs.

Re:It's time to talk about post-RMS Free Software by krapp on Saturday September 14, 2019 @12:33PM (#20971873)
Why are the people who object to Stallman's views "mobs" - a rabble mindlessly driven by rage and conformity - but "ignorant, rude and sexist" people who agree with him are not?

I have yet to see a mob mentality like that which forms to defend Richard Stallman at all costs.

Re:It's time to talk about post-RMS Free Software by prepend on Saturday September 14, 2019 @09:51AM (#20970732)
I don’t buy that. Or at least I don’t buy that more are being excluded by RMS remaining vs banishment.

I think it’s easier to be inclusive by people’s preference to join rather than to try to guess about unknown groups that may be be comfortable enough to participate but since we don’t know them we can’t query them.

I don’t think RMS is scaring off good developers. I also don’t understand what kind of developer would be put off by his statements so much they would not collaborate on a project.

Re:It's time to talk about post-RMS Free Software by mjg59 on Saturday September 14, 2019 @09:58AM (#20970782)
People have literally talked about how they left the field because of RMS's behaviour. This isn't a case where we're randomly guessing that he discourages participation, we know he does.
Re:It's time to talk about post-RMS Free Software by prepend on Saturday September 14, 2019 @10:23AM (#20970941)
“People” is not very specific. This is a tricky discussion topic because I don’t really care if people left the field without more info. Were they awesome programmers? We’re they mean people? Was it a net positive that they left the field? I have no way of knowing this.

I’ve worked on a lot of projects and software is weird and awesome because the impact of one person is so amazing. Lots of people can come and go without making a difference. So discouraging participation isn’t some absolute evil to be avoided. Sometimes it actually helps cut down on noise per the whole Brooks Law kind of thing.

Re:It's time to talk about post-RMS Free Software by interfixus on Saturday September 14, 2019 @09:48AM (#20970716)
Who are the people thus excluded by RMS?
Re:It's time to talk about post-RMS Free Software by mikeash on Saturday September 14, 2019 @09:51AM (#20970739)
People who aren’t comfortable associating with someone who defends child rape.
Re:It's time to talk about post-RMS Free Software by interfixus on Saturday September 14, 2019 @09:58AM (#20970785)
Which - to the best of my knowledge - Stallman has never defended.
Re:It's time to talk about post-RMS Free Software by Jonnax on Saturday September 14, 2019 @10:03AM (#20970821)
“ I am skeptical of the claim that voluntarily [sic] pedophilia harms children.”

https://stallman.org/archives/2006-mar-jun.html#05%20June%20...

Re:It's time to talk about post-RMS Free Software by AstralStorm on Saturday September 14, 2019 @12:02PM (#20971654)
It does, but how badly, it depends? What are the worst kinds, what are relatively harmless if any?

Does our current handling thereof help or harm?

If those questions are not answered, we're flying blind.

Also there are some stupid things done like putting 18 y.o. boy in jail for sleeping with his 16 y.o. girlfriend, consensually.

Someone should do actual not politically correct and not victim culture motivated research.

It would be hard work, reaching out to the victims and running longitudinal observation.

If there is such research, I'd like to read it.

Re:It's time to talk about post-RMS Free Software by DanBC on Saturday September 14, 2019 @02:20PM (#20972699)
Child sexual abuse is strongly linked to a range of mental illness later on in life.

https://www.thelancet.com/journals/lanpsy/article/PIIS2215-0...

> Someone should do actual not politically correct and not victim culture motivated research.

Someone should take a few minutes to read the reams of research that has been written about this rather than parotting NAMBLA discussion points.

Re:It's time to talk about post-RMS Free Software by eesmith on Monday September 16, 2019 @02:49PM (#20987288)
I'll add that "harm" doesn't make a difference - lack of consent is what's at issue.

If someone has sex with a woman in a coma, there's no harm to the woman. There's no need for physical force. It's still sexual assault.

Unconscious people, children, and sex slaves are not able to give meaningful consent.

Stallman doesn't appear to understand the role of consent in these laws.

Re:It's time to talk about post-RMS Free Software by shagie on Saturday September 14, 2019 @10:05AM (#20970841)
Re:It's time to talk about post-RMS Free Software by interfixus on Saturday September 14, 2019 @10:15AM (#20970897)
For those who might prefer unredacted, here's what Stallman is reported to have said:

"The word “assaulting” presumes that he applied force or violence, in some unspecified way, but the article itself says no such thing.Only that they had sex. We can imagine many scenarios, but the most plausible scenario is that she presented herself to him as entirely willing. Assuming she was being coerced by Epstein, he would have had every reason to tell her to conceal that from most of his associates."

Re:It's time to talk about post-RMS Free Software by gowld on Tuesday September 17, 2019 @02:28AM (#20992240)
The issue in a nutshell, right here: Primary source evidence is downvoted in favor of complaints about fabricated statements made by chopping up sentences and adding different words to them.
Re:It's time to talk about post-RMS Free Software by mjg59 on Saturday September 14, 2019 @10:19AM (#20970922)
Of course, the definition of "sexual assault" presumes no such thing.
Re:It's time to talk about post-RMS Free Software by AstralStorm on Saturday September 14, 2019 @12:04PM (#20971671)
The law definition in the United States, you mean.

In Poland, it requires use of force or coercion on part of the person doing the sexual act. Without it, say drugging and then letting someone else do it, it's "just" assault. (The other person is committing sexual assault.)

What Epstein did is called pimping and also punishable by law. Potentially also abduction or assault. Forcing a minor to commence a sexual act is a separate category of pimping (pimping a minor) that's yet more harshly punished.

Sex with minor is also punishable by law separately. (With some exceptions and discretion by the judge.) Now there is a strong association with sexual assault, though circumstances can leave it as just sex with minor. Depends on prosecutor and judge.

So it is likely Epstein would be convicted of multiple crimes and potentially recidivism (repeat offense) and organized crime, while Minsky would be convicted for sex with minor, not any kind of assault.

Note that repeat offense means Epstein would not be offered bail nor allowed a reduced sentence.

Re:It's time to talk about post-RMS Free Software by DanBC on Saturday September 14, 2019 @02:22PM (#20972709)
> The law definition in the United States, you mean.

No, the everyday English word "assault" doesn't have to include "use of violence". RMS has wrongly said it does.

Re:It's time to talk about post-RMS Free Software by mikeash on Saturday September 14, 2019 @10:06AM (#20970852)
Maybe read the link about which we are all talking.
Re:It's time to talk about post-RMS Free Software by interfixus on Saturday September 14, 2019 @10:09AM (#20970872)
A less condescending tone would be appreciated. I read that article - and formed certain opinions about it - long before it was posted to HN.
Re:It's time to talk about post-RMS Free Software by mikeash on Saturday September 14, 2019 @10:17AM (#20970904)
The whole thing is about RMS defending child rape on the basis that legal age limits are stupid and that it’s not rape if the child is willing. If you managed to miss all that then maybe try again.
Re:It's time to talk about post-RMS Free Software by interfixus on Saturday September 14, 2019 @10:22AM (#20970938)
If you could kindly point me to the passage where Stallman talks about rape, I would be much obliged.
Re:It's time to talk about post-RMS Free Software by mikeash on Saturday September 14, 2019 @10:25AM (#20970961)
“...the most plausible scenario is that she presented herself to him as entirely willing.”

The context is an underage sex slave. Having sex with her is rape by definition in two different ways.

Re:It's time to talk about post-RMS Free Software by Jonnax on Saturday September 14, 2019 @09:50AM (#20970727)
Why can't you have a reasonable discussion?

Stallman emailed a big mailing list for a computer science department the following about a child sex trafficking victim:

"The reference reports the claim that Minsky had sex with one of Epstein’s harem…Let’s presume that was true (I see no reason to disbelieve it). ...

We can imagine many scenarios, but the most plausible scenario is that she presented herself to him as entirely willing."

Is this acceptable to you?

Re:It's time to talk about post-RMS Free Software by codr7 on Saturday September 14, 2019 @09:58AM (#20970791)
To imagine a scenario, sure. I can imagine plenty of scenarios.

Epstein liked to film his visitors and use the material to blackmail them. Knowing that, it's not unreasonable to assume that he ordered his slaves to behave nice and inviting.

You should be very careful about drawing lines between what you can and can't think. Once you do that, it doesn't really matter if you call it Religion or Science; you're still hosed.

Re:It's time to talk about post-RMS Free Software by mikeash on Saturday September 14, 2019 @10:14AM (#20970889)
He’s not just imagining a scenario. He’s saying that this is the most likely scenario, and that the fact that she presented as willing makes everything totally cool.
Re:It's time to talk about post-RMS Free Software by gowld on Tuesday September 17, 2019 @02:30AM (#20992251)
Your repeated false statements in this comments page might be doing your cause more harm than good, since others have posted links and full actual quotations that contradict your statements.
Re:It's time to talk about post-RMS Free Software by prepend on Saturday September 14, 2019 @10:25AM (#20970965)
> totally cool

I didnt read that in the email thread. Human trafficked sex slaves appearing willing to Minsky does not mean everything is totally cool.

Re:It's time to talk about post-RMS Free Software by mikeash on Saturday September 14, 2019 @10:26AM (#20970972)
He keeps saying it shouldn’t qualify as sexual assault or rape. If it’s not that then what is it?
Re:It's time to talk about post-RMS Free Software by prepend on Saturday September 14, 2019 @11:29AM (#20971394)
For Minsksy it’s at least statutory rape, not cool at all. For Epstein it’s the whole gamut of messed up stuff, also not cool.

It seems to me that Stallman is saying that qualifying language is valuable as statutory rape in USVI (and most other jurisdictions) has a much smaller penalty than other forms of sexual assault. So using the same word for Epstein and Minsky is not fair, I think, to their victims.

But saying “use more accurate language” is not the same as saying what Minsky is accused of is totally cool.

Re:It's time to talk about post-RMS Free Software by mikeash on Saturday September 14, 2019 @11:38AM (#20971478)
He also spends a lot of time arguing that statutory rape shouldn’t count. So if he thinks that’s all Minsky did, it seems entirely fair to summarize that as “totally cool.”

Not to mention that if Minsky did in fact have sex with a slave who was forced to do it, that’s real actual rape, and the best thing you could say there is that Minsky was somehow tricked into committing rape.

Re:It's time to talk about post-RMS Free Software by prepend on Saturday September 14, 2019 @12:40PM (#20971922)
Lots of people think statutory rape shouldn’t count. In the British Virgin Islands the age of consent is 16, so the crime Minsky is accused of isn’t a crime a little while away. I don’t think it’s fair, or accurate, to characterize the entire population of the British VI as being “totally cool” with other forms of sexual assault and human trafficking.

I think the risk I run is in characterizing acts incorrectly. I’m not aware of anyone being charged with “actual rape” for having sex with human trafficked prostitutes in USVI. So it depends a lot on the facts of the case, etc etc.

We will have a tough time knowing what Minsky knew and didn’t know. I think it’s reasonable to know if a sex partner is legs age, but it’s much harder to know whether someone was exploiting someone against their will. But legally I’m not sure he would be charged with being “unwilling rape” or whatever crime you think he committed.

What I’m trying to point out is that someone can be against statutory rape, even against rape tricking, and not think it is “totally cool.”

Logically, it is not appropriate to make such leaps unless we have more info.

Re:It's time to talk about post-RMS Free Software by DanBC on Saturday September 14, 2019 @02:32PM (#20972778)
The US, and England, and probably other countries, have enacted laws that mean some sexual offences against children committed outside those jurisdictions can be tried inside the jurisdiction. Precisely to stop this kind of sex tourism.

See for example this from England:

https://www.legislation.gov.uk/ukpga/2003/42/section/48

https://www.legislation.gov.uk/ukpga/2003/42/section/53A

Re:It's time to talk about post-RMS Free Software by mikeash on Saturday September 14, 2019 @03:59PM (#20973335)
I don’t get it. If it wasn’t rape (statutory or otherwise) then what is RMS saying isn’t “totally cool” about it?
Re:It's time to talk about post-RMS Free Software by gowld on Tuesday September 17, 2019 @02:32AM (#20992268)
The gist of what RMS said is that Epstein trafficking a 17 year old is bad, but if Minsky had sex with a 17 year old who gave the appearance of consenting, Minsky didn't do something wrong.
Re:It's time to talk about post-RMS Free Software by tzs on Saturday September 14, 2019 @05:31PM (#20973953)
> For Minsksy it’s at least statutory rape

That's probably not the case. At the time, 2001, the age of consent in the US Virgin Islands was 16. Around the middle of that year the legislature said they wanted to raise it to 18, but I don't think they actually accomplished that until the passage of the Child Protection Act of 2002.

(For comparison, it varies from 16 to 18 for US states. 16 in 31 states and DC, 17 in 8 states, and 18 in 11 states).

Re:It's time to talk about post-RMS Free Software by prepend on Sunday September 15, 2019 @04:54AM (#20976261)
Oh thanks. I just looked up the current age of consent in USVI and didn’t think to look it up at the time of the event in question.
Re:It's time to talk about post-RMS Free Software by tzs on Saturday September 14, 2019 @05:02PM (#20973770)
A couple things to note.

1. The sex they are talking about was in 2001, which was before there were any criminal cases or charges or civil cases against Epstein. Is there any reason for Minsky to have suspected that the girl he met at Epstein's place then was being coerced?

2. Stallman and Minsky were good friends.

Re:It's time to talk about post-RMS Free Software by deanclatworthy on Saturday September 14, 2019 @10:10AM (#20970873)
So it's a binary decision is it? It's either acceptable or not? Does every argument have to be reduced to for or against?
Re:It's time to talk about post-RMS Free Software by kweinber on Saturday September 14, 2019 @10:23AM (#20970947)
If a person has sex with a minor without knowing they are a minor it is a crime. But should they lose their livelihood and reputation if they didn’t know the parts that make it a crime or didn’t commit the coercion themselves?

If I buy a car cheaply at auction that was seized as part of a drug-dealing crime and then get busted for having drugs still stashed in the doors, I am now a drug offender. I did not knowingly do it nor did I mean to hurt people with drug trafficking so should I lose my livelihood and reputation?

If buy a unknowingly stolen Gucci handbag on the street for a cheap price (thinking it could be a knockoff).... you get the picture.

I’m not defending drug traffickers, child rapists, or appropriating stolen goods, I am wondering if knowingly participating in the moral violation that defines the crime should make the reputational difference... or should you be persona non grata regardless? Is that Stallman’s question?

Re:It's time to talk about post-RMS Free Software by mindslight on Sunday September 15, 2019 @01:31AM (#20975733)
Let's say you knowingly stash the drugs in your car doors and are then arrested, convicted, serve your sentence, and are released. Should you then have the rest of your life extrajudiciously ruined by a group of people who have dedicated their lives to harassing drug dealers because their own kids died of drug overdoses?

Because applying metered justice and preventing ongoing escalating feuds is the entire point of the justice system. We're in this clusterfuck because people don't feel it is working, and they are not wrong. Specifically here, we all expect Epstein's close associates to reliably quash deeper investigation - investigation into their guilt went cold with Epstein's body.

And I'm generally for grassroots direct action, but this frenzy doesn't seem directed towards making up for the failings of the system, but rather scoring points against easy targets for the thrill of it. RMS himself was nowhere near this island, rather he simply had the audacity to question the lynch mob's narrative! With a reaction like this, how can it be said that these pitchforks are in the service of justice?

Re:It's time to talk about post-RMS Free Software by cannonedhamster on Saturday September 14, 2019 @10:41AM (#20971074)
In every case you suggested, yes you would be charged as described, except the theft unless there was evidence you were not involved. In the first two you would go to court to prove your lack of guilt. We're talking about grown adults going to the house of a convicted sex offender finding young women who are held against their will in a harem and then having sex with them because they were told to make you happy. If you cannot understand why your defense wouldn't hold up in this case then you'll never be convinced. Stallman, a man I've met and had a very nice conversation with, holds views that literal children have the intellectual and emotional capacity to engage in sexual relationships with adults on equal footing. This is just plainly untrue. A child cannot fully understand the consequences, they aren't even fully developed yet. This is not the middle ages, this isn't the neolithic. We know the proper development is required for children to become proper adults. Stallman has repeatedly made statements and actions that are inappropriate, blatantly sexist, and has himself abused his position within the community for personal gain and satisfaction. As much as he has given to the FOSS community, it's time for him to step back as being the face, if he's not willing to do so then it's up to the community to police itself lest we all be considered supporting his positions.
Re:It's time to talk about post-RMS Free Software by DanBC on Saturday September 14, 2019 @02:34PM (#20972788)
At some point recklessness takes over from lack of mens rei. If someone is so reckless as to have sex with a 17 year old without making very sure that she consents and isn't coerced then they're so reckless that it doesn't matter if they know or not.
Re:It's time to talk about post-RMS Free Software by tom_mellior on Saturday September 14, 2019 @09:49AM (#20970720)
> Every topic is a hot potato.

Yeah, you can't even condone raping children anymore. What has the world come to?

More seriously, the point is that this topic is not enough of a hot potato if RMS is comfortable talking about it in public.

Re:It's time to talk about post-RMS Free Software by pault on Saturday September 14, 2019 @12:51PM (#20972026)
I don't disagree with you, but I think a lot of commenters here are talking past each other. We all agree that having sex with a 17 year old girl who is being abused and manipulated by a billionaire pedophile is inexcusable. I personally don't like the use of the phrase "child rape" to describe it because it's the same phrase you would use to describe the violent rape of a toddler. If the terminology we use to debate this subject equates those two acts, how can we ever have a reasoned discussion? One of those things makes you a sleezeball, and certainly deserving of all the social and professional consequences of your actions. The other makes you a vile monster, and deserving of removal from the earth. Both are crimes that warrant prosection. Failing to acknowledge the difference between the two is a dangerous path to go down.
Re:It's time to talk about post-RMS Free Software by tom_mellior on Saturday September 14, 2019 @06:17PM (#20974200)
Fair enough. My comment above used obvious overstated sarcasm, but I agree that these things are different. Substitute "statutory rape of a minor" or something like that above. I don't think this means that we should judge RMS any differently.

> having sex with a 17 year old girl who is being abused and manipulated by a billionaire pedophile [...] makes you a sleezeball

Not the greatest way to put this, I think.

Re:It's time to talk about post-RMS Free Software by gowld on Tuesday September 17, 2019 @02:34AM (#20992278)
The "overstated sarcasm" and faked quotations is literally what pushed RMS out of his job. Congratulations.
Re:It's time to talk about post-RMS Free Software by yeahthat on Saturday September 14, 2019 @09:42AM (#20970691)
It turns out that if the opinion in question is “maybe pedophilia is ok” I am OK with the speaker being shut down and/or banished.
Re:It's time to talk about post-RMS Free Software by prepend on Saturday September 14, 2019 @09:53AM (#20970756)
It depends a lot on the context. I wouldn’t want to work on a project with a pedophile. But if someone was having a conversation about early Islam and trying to understand the cultures of that time, etc then that’s an example where your statement wouldn’t be ban worthy. I just don’t think there’s a clear set of bad things that can’t be said.

Programmers I know are frequently doing thought exercises so even something like “what if murder were legal” would need to be taken in the context of the conversation to even understand what the author was advocating.

Re:It's time to talk about post-RMS Free Software by dymk on Saturday September 14, 2019 @11:56AM (#20971608)
> It depends a lot on the context

The context is Epstein and RMS claiming that this woman trafficked by him was willing. We don't need to pontificate about all these hypothetical scenarios; this concrete thing that he's defending is pretty disgusting.

Re:It's time to talk about post-RMS Free Software by gowld on Tuesday September 17, 2019 @02:37AM (#20992295)
Your factual claims are not true, probably because you only read the lies published on Medium and salacious reposted, and did not read the source material.

RMS surmised that the woman "presented herself as willing" to Minsky. His point is that Minsky likely (in his estimation) was not aware of the coercion. He did not defend the coercion.

Re:It's time to talk about post-RMS Free Software by jrnichols on Saturday September 14, 2019 @02:30PM (#20972766)
> It’s easier to just be quiet than express opinions.

It's no wonder that instead of staying quiet, many wind up at echo chambers like Voat and Gab.

[dead]
Re:It's time to talk about post-RMS Free Software by pjc50 on Saturday September 14, 2019 @10:34AM (#20971016)
"I don't care about his stance on politics but I think he should be shot in the head" is one hell of a take.
Re:It's time to talk about post-RMS Free Software by ndidi on Saturday September 14, 2019 @12:53PM (#20972056)
In this context that's implying that rms has done things such as looking for child pornography online, which is something we don't know and can't prove. Defending the right to do something != doing something