[cfarm-users] code as speech (was: cfarm110 and cfarm111 decommissioning on February 27)

[Jacob Bachmeyer]

On 2/15/26 05:11, Peter Gutmann via cfarm-users wrote:
> Jeffrey Walton via cfarm-users <cfarm-users at lists.tetaneutral.net> writes:
>
>> Third, would the project set up the necessary corporate structures to handle
>> money like contributions and payments to the project and developers?
> And, once you start accepting payment for your work, like an amateur athlete
> it becomes a lot harder to convince others about your noncommercial/amateur
> status.

At least here in the USA, there is another potential issue: writing code 
and taking payment for writing code are legally distinct.  The former is 
Constitutionally protected speech; the latter is not.

Most of the time this does not matter, but when it *does* matter it can 
be a big deal.  For example, consider the GNU Ethical Repository 
Criteria (item (C2)):  "Does not discriminate against classes of users, 
or against any country."  Sourceforge infamously fails on this point by 
refusing service (including downloads) to network endpoints apparently 
in countries sanctioned by the US government.

The legality of upholding that ideal of non-discrimination therefore 
reasonably hinges on freedoms of speech and press. There is no similar 
protection for accepting money.


-- Jacob