I very much disagree. I think the outcry was warranted, and right now I see GitLab doing the right thing (and, obviously, the outcry was a huge reason for that).
Changing plans in the harsh light of public condemnation isn't easy, and for that I very much commend GitLab. As someone who was very much against the previously announced change, though ( https://news.ycombinator.com/item?id=21350146 ), I'm glad the community feedback was so strong.
I'm also glad the feedback was so strong, as the ad-tech industry has spent the past 15 years numbing the general populace to unwarranted (and often unnecessary) telemetrics.
It's understandable that GitLab had no ill-intentions. But how can one know whether third-parties share such sentiments?
The outcry may stop but the trust is now gone and will take years to rebuild. Next time I'm considering/recommending on-premise git hosting I won't be recommending gitlab.
I'm also considering moving my personal repos that I pay for. Generally I only interact through the CLI and don't think about the web interface much, but apparently when I go there I'm sharing info with whatever the hell gravatar is.
I highly doubt the CFO has changed his viewpoint, and he's still in power over there. They only backtracked after the "insane" reaction. They anticipated some amount of pushback, but obviously hoped it would be smaller and they could move forward.
The root-cause screw-up here is delegating product decisions to F&A. A good CFO adds huge value to a company, but should not have final decision authority over product decisions. That is not the role of a CFO. Any company that makes it so is organizationally dysfunctional from the C-suite down.
I don't know why you think that's ethically ok to hold user data hostage until they agree to give up more rights. It's borderline ransom.
It's strictly illegal under GDPR, the agreement is void as it contradicts the law (you cannot have terms and conditions superseding the law). The policy - "agree to tracking" must be explained and justified, consent must be given (affirmative action by customer/user).
Failing to do that and holding user's data as hostage would be compliance breach. GDPR fines are no joke and set forward to prevent abuse. (up to 20m euro or 4% global revenue) GitLab is no small business any more and a fine would outweight the 'tracking profits'
Not sure I follow your logic there.
First of all, he's not right. As stated by the compliance officer in that thread, his plan would have violated the GDPR. It also would have violated existing contracts with enterprise customers.
Secondly, it's a scummy thing to do. just because you have the right to do something doesn't make it the right thing to do.
The world doesn't owe you a free Git issue tracker.
Honestly, who here is arguing that they can't implement some form of this? No one. Exactly no one. We don't like what it, and we're the consumer! It's not entitlement to pushback when a vendor changes their terms in a way you don't like.
I have no idea what point you're trying to make here.
> Their CFO showed that he has little regard for the privacy of their users.
Their users are companies, who can put on their big boy pants and decide what they think of Gitlab earnestly gathering usage information, not deep personal secrets, that it uses to help it improve its own product so that it can better serve the customer.
Throwing this all under the same category of "privacy" that one might use for private content -- the content of emails, the content of messages, copyrighted material, trade secrets, and the like -- as if this is a great moral issue, is just not a clear-minded way of operating.
When I first saw they had their compliance policy repos set to public so anyone could view internal discussions around changes the lawyer in me just about fell off my chair. That is an almost unbelievable level of transparency. It's difficult for me to assume anything but the best intentions when GitLab has gone out of their way to let people see how the sausage is made.
EDIT: https://gitlab.com/gitlab-org/gitlab/merge_requests/14182#no...
Note - it is worth saying, CFOs are, generally speaking consider extremely important positions for many companies, even more-so than the CEO. But this isn't because they make policy decisions or conduct external communications, but rather because they control the lifeblood of any company - the money.
As you say, whoever controls the money flow, ultimately controls the people, and can shut down any activity they desire...
Sure it's not "legitimate veto power", but ultimately it is the same thing.
I never said this...
that the board failed to stop this (or was bypassed) is telling, but this doesn't seem like a failure of the corporate governance model or anything. money is basically essential to a corporation; engineering staff shouldn't be on the level of C suite, despite what many here would have you believe
It doesn't take a genius to realize the mistake here.
How could a company like this ever think that opt-out is appropriate? It seems like all their engineers knew this was a bad idea and everyone else seemed to think it was okay!
The problem for me was how a company like this couldn't see that this would happen and went along with it, I held Gitlab to a high standard and honestly I've lost a lot of trust with them.
I'm thankful for the outrage, and whilst I will never condemn personal attacks, I feel discussing the matter on places like HN was appropriate.
No, it hasn't unless a civil discussion in an area where people have strong opinions is somehow your definition of "insane."
>"People seem to disagree, which, okay, but the outrage here is everything wrong with the internet."
There is no "outrage" here just lots of concern if not some well-placed bewilderment at a particular brusque comment made by their CFO on the issue[1]
The great irony is that you have dismissed and self-proclaimed that an entire civilized and adult discussion as "outrage culture" and "everything wrong with the internet."
[1] https://gitlab.com/gitlab-org/gitlab/merge_requests/14182#no...
What's great with GitLab compared to other companies is that they are doing things in the open, while another company would just violate my rights without me knowing it.
If you go through the comments, multiple (toxic) people in GitLab doesn't care about user rights, just want to push the change as soon as possible (just like in any other company that I have been working in).
It's also clear that you get VP/Director/Staff engineer by just pushing through other people (sadly I have seen the same thing happening other times as well).
The advice I have bookmarked (which I'll admit is not a legal opinion or the source legislation) says:
‘specific website content’ means that you should not make ‘general access’ subject to conditions requiring users to accept non-essential cookies – you can only limit certain content if the user does not consent;
and
the term ‘legitimate purpose’ refers to facilitating the provision of an information society service – ie, a service the user explicitly requests. This does not include third parties such as analytics services or online advertising.
As I read/understand things, unless the service you're providing is "being tracked by advertisers or analytics", you cannot block ac cess to users based on then not consenting to being tracked for advertising/analytics.
Pretty sure "They'd be supposed to drop EU users, under some interpretation of the law." is correct there, and that if Gitlab wants to have tracking consent as a mandatory requirement for using their source control service, they'd need to stop selling it in EU completely.
Good luck trying your luck with international law.
,,You may be wondering how the European Union will enforce a law in territory it does not control. The fact is, foreign governments help other countries enforce their laws through mutual assistance treaties and other mechanisms all the time. GDPR Article 50 addresses this question directly. So far, the EU’s reach has not been tested, but no doubt data protection authorities are exploring their options on a case-by-case basis.''
It won't even go to US court, but to EU one.
You cannot conduct business in the EU unless you have a VAT number issued by any of the member (still 28) states. You cannot sell anything in the EU w/o VAT, it'd be illegal. The company =must= pay the collected VAT to the respective member state(s).
So they have to register in the EU to conduct business (and issue VAT receipts). This requires some assets and people to be responsible.
The only way to conduct business outside is a small shipments (less than 22e) that would be free of VAT and customs clearance.
It's impossible for people in the EU to track all the time how different services use their data, so what you are suggesting is not practical.
As an example if you go with 200km/h on the German highway the responsibility of the road not ending is not yours. When I was going with a car in Albania and this happened to me, I (and my car) was quite shocked, but there are differences between countries.
They fucked up, users gave feedback, they listened.
This isn't some corporate conspiracy, some grand ethical dilemma with an evil company on one side and some white knight hackers on the other.
Let's imagine for a second that they are people trying to do the right thing, with years of history doing the best they can.
They wanted to measure usage to make their product better. People seem to disagree, which, okay, but the outrage here is everything wrong with the internet.