The anti crunch hours license
github.com
github.com
Atleast in my life, shorter work hours tend to heavily inversely correlate with my work output.
I work 32h/wk (mon-thu), and I feel happy with my productivity, but also recognize that I spend tons of time in meetings, clarifying requirements, helping other devs, etc. These aren't all really my role, so I could theoretically optimize them away and hope the invisible tasks get picked up successfully by someone else, but I know we'd have worse outcomes if I wasn't involved and "just" did my explicitly assigned tasks.
Can someone with team lead/management responsibilities optimize for 'job done' this aggressively?
I will have an answer for you in a month because I am going to start trying this strategy out in my current job starting this week. :)
Did you have to interact with anyone?
I can imagine this can be challenging if another person you need to interact with follows the same principle with a 7am to 11am schedule.
Here, 12 hour shifts with 36 hour rest periods is also the norm for security guards, etc. (So that 4 can provide 24h security) That results in more than 45 hours every other week.
The license also doesn't specify how to remedy the situation in case it's ever violated, which feels very draconian and not very pragmatic.
Maybe you can try to file a pull request to suggest a change, remember to explain your situation and concerns inside the pull request so it won't be discarded.
Of course I understand ask some projects to suddenly change their license to support anti-996 is hard and unreal, but hey, the show of force and well there is already a win.
For me, the step they've taken to reach out for support (by ask others to change their code license etc) is already something positively progressive. Regardless whether or not they did successfully convinced anyone.
They got the message out, that's important.
I think a reduction of the 44h week is long due in Brazil and I don't understand why there isn't more pressure from workers. They probably don't have the time to protest.
I found the expectations around what you're supposed to do during work hours to be very different between Brazil and US.
Extreme conditions obviously exist, (e.g. telemarketers, which are usually _continuously_ taking calls) but from my observation a significant portion of those 44 hours is spent idling or socializing.
I think proposing any change in work hours under the current political and socioeconomic climate (12% unemployment) wouldn't be feasible, and without the needed shift in work culture our productivity would probably fall further behind.
Also, I don't know many people who work a strict 9 to 5 in office jobs, many take work home with them or are expected to always be available even on weekends should something come up. Not saying this is good, but I don't think strict 9-5 is the norm anymore.
Can you explain this notation?
https://en.m.wikipedia.org/wiki/Date_and_time_notation_in_Fr...
I think this was entirely the point of the license. The authors presumably believe that companies shouldn't make their workers work this long, and they don't want those companies to do to benefit from their work. Thus providing an (admittedly small) incentive for those companies to reduce their working hours.
The org on GitHub that developed this license is called 996ICU (https://996.icu/#/en_US). It is a (very large) group of Chinese developers that are upset with the common practice of working 9am to 9pm, 6 days a week.
Please be mindful of the fact that lots of developers around the world work under genuinely awful conditions, and that your (x times y) work week is a privilege earned by a long history of labour activism in the Western world.
(P.S. This is a protest, not a legally binding license)
Comment section is not "toxic" just because it expresses the notion that this license is useless, nonsensical, stupid or any other thing you disagree with. Even if commenters might have missed the point.
With most of "us" being some kind of a software engineer, I'm sincerely curious: was 80-hours workweek ever a mandatory thing for an engineer (teacher, doctor)?
Here are some things I've learned from https://en.wikipedia.org/wiki/Eight-hour_day#United_States and linked pages :
- In 1791, carpenters in Philadelphia went on strike against "the prevailing sun-to-sun system, and the 75 hour work week" and fought for a 10-hour day. http://www.red-coral.net/WorkCoops.html
- The International Typographical Union, which had relatively well-off members, went on strike around 1900-ish initially for a 48-hour work week and then for a 40-hour work week. https://en.wikipedia.org/wiki/International_Typographical_Un...
- In 1907, the US passed the "Hours of Service Act," which limited railroad telegraphers to a 9-hour day. In committee the act was almost going to be a limit to a 12-hour day (i.e., the normal day was longer than that!), until the telegraphers spammed their congresspeople using their telegraphs. https://en.wikipedia.org/wiki/Order_of_Railroad_Telegraphers...
I would say that software engineers, SREs, etc. working IC jobs maintaining large codebases/services at the direction of their bosses in large companies are far closer to the professions that historically have made up the labor movement—carpenters and typesetters and electricians and actors and journalists and composers and telegraph operators and so forth—than they are to the doctor running their own private clinic as their own business.
Its not great for the doctors, but if you're a patient with an acute problem its much better to have the same few doctors working keeping watch over you than a brand new doctor every 8 hours coming on board that doesn't know anything about why you're there.
However, doctoring, as profession, is a conservative one, and is highly resistant to process improvements. It took decades of effort, and decades of trivial mistakes (wrong organs removed, surgical instruments left inside patients when they are sewn up) to get the profession to even consider that maybe, maybe, checklists are a good idea during surgeries.
If someone came up with a process improvement that made patient handoff better, many doctors would resist it out of principle, vanity, or plain-old "I was hazed with 90 hr/week residency, so should every new doctor."
But I, as a consumer of medicine, would like the profession to spend more time in reviewing its processes, their outcomes, and to not assume that doctors are infallible geniuses, who don't need any of that checklist nonsense. (Oh, hey, the patient just woke up, and told us that we removed the wrong lung...)
I would imagine that it would involve overlapping shifts so the handoff process can be extended over time.
The extreme case actually seems good; pair doctoring where shifts start four hours apart, so you spend the first half of your shift with one doctor, and the second half with another.
Maybe instead do 2 x three hours, and give doctors really reasonable work hours or time to keep up on current research.
I fear the conclusion to that would be managers saying "what are all these doctors doing, we need to lay 3/4ths of them off and make the rest work twice as much for 50% more pay!"
Which country is going to vote a LAW that writes: nobody works more than 45 hours/week?
The next day healthcare will collapse. Big corporations will lobby VERY hard against that.
You get license to use the software if you abide by the terms of the license agreement. A company that asks its employees to work 60 hour weeks breaks the license agreement, and therefore cannot use the software.
The only LAW that could be written about this would be "Contracts cannot include limits on the number of hours employers ask people to work".
So maybe, yes, the megacorps get that law passed. Until then this license is binding...
Now whether the any particular legal system cares to enforce the license terms is another matter
The limit is 48 hours, and it's calculated with some averaging over multiple days, but I hope that's close enough.
By using the software, you agree to the terms of the license, and can in principle suffer a civil (non-criminal) lawsuit against you for breaching them.
You have no proof of this. The (x times y) work week for manual labourers was earned by a long history of labour activism.
Good working conditions for highly-skilled in-demand work arise naturally through supply and demand.
But they don't necessarily arise if the demand from workers wanting to do that work is sufficient. For instance, game developers have relatively terrible work conditions by the standards of the software industry, because so many people want to work on games. You could reasonably argue that they get enough satisfaction from being able to work on games that they're willing to put up with worse conditions, but that doesn't change that their work conditions are relatively bad. The nice thing about somehow bringing about a reduction in developer working hours is that it wouldn't necessarily result in any loss in economic output or employer profit, as there's a wealth of research showing that working beyond a certain amount of hours daily is counterproductive, so it's a win-win, and could even increase productivity.
So collective bargaining is unnatural? Except when a corporation does it on behalf of its shareholders, of course.
We can all pretend that we have more economic power than our highly paid blue collar peers that worked in highly unionized work forces in the past, but the programmers that make the kind of money for that to be true are very rare. Nearly 30 years ago my father made 70k as a union welder. It is highly unlikely that I will be able to match that salary street inflation, and the world is more expensive: education and health care could eat us alive at any moment.
I don't know how much of our effort the capital owning class needs to strip from us before we take advantage of the massive productive capacities we have before we make it fair again, but I assure you, it will be organized, not natural.
edit: Hospitals as well since employees work odd shifts such as 2 weeks on and 2 weeks off for ER doctors, or 6 days in a row for lab technicians (with more days off every other week), etc.
Note that this is a license restriction addon, not a standalone license. To use, ammend to and reference by another license. Note that this removes "open-source" status from the original license if it is open-source, according to OSI's "No Discrimination Against Persons or Groups" definition.
The point of open source is to not be political, but that is an inane statement. Choosing to 'not be political', is itself a choice for the status quo. Choosing to 'not discriminate against any particular group, either positively or negatively' in a world where there is implicit, mostly-unspoken discrimination, is an implicit choice to continue that forward.
So why should those values be something to aspire towards? The status quo is a world in which the majority of people are not being payed what they are worth, so the people doing the paying can further inflate their ridiculously large bank balances.
I am probably the last person to quote MLK in common conversation, because a lot of his quotes have been misused or mispurposed to argue for something that he personally did not support. But, right now this one feels incredible pertinent:
"" I have almost reached the regrettable conclusion that the Negro’s great stumbling block in his stride toward freedom is not the White Citizen’s Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to “order” than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: “I agree with you in the goal you seek, but I cannot agree with your methods of direct action”; ""
Open source is definitely political, but it's also a very specific political movement. There can be other political movements with other goals. The reasons that open source advocates dislike licenses with restrictions on use are not just "we don't want to be political" or "we don't want to rock the boat." Some have a moral/ethical opinion that you should not restrict use via copyright, usually that you should not be able to restrict use via copyright. Some have a pragmatic opinion that attempts to restrict use will lead to worse outcomes.
The 996.ICU folks seem like they would be better served with their own movement that doesn't go by the name of "open source." We don't need to add that label to them.
Part of open sourcing something is accepting that very thing. It's volunteer work and a gift to the commons. Open source software directly helps people who can't afford expensive licenses of proprietary software, either because they are poor in a rich country, or because they aren't rich in a poor country. So don't say that open source software doesn't do good in the world!
> Choosing to 'not be political', is itself a choice for the status quo.
With this argument, most activism could be seen as "choice" for the status quo because you can always spend more of your time and money with activism. Barely anyone is spending all their time and money with it, so per your argument that makes most of them support the status quo.
The mere act of open sourcing something can already be seen as political action about the question of proprietary vs libre software. But that political action has limits, and I think those boundaries should be accepted.
Being non-political is analogous to abstaining in an election. Abstaining is the same as supporting whoever is the stronger force in that election. So it's not supporting the status quo, but whomever is strongest currently. There's a difference between the two.
Also note that activism, especially in non-democracies, often has negative consequences, onto your career, life, health, and of your entire family. Activism in democracies is dangerous as well, due to political discrimination by non government entities (which seems to be allowed in the US) as well as lone haters who resort to violence. And it's always possible that the democracy becomes totalitarian and the people in power take revenge on their prior opponents. This has happened in nazi germany as well as in russia and in other places. People shouldn't be required to ignore their own personal safety or career opportunities to fight for a political cause. Yes, people who do should be admired, but we shouldn't shame people who don't.
Last but not least, a society where people are forced to be activists is a totalitarian one and one where I don't want to live in.
(Also, "people" use the word "copyright" when they mean "trademark", and post "No copyright intended" on their YouTube video when they mean "no copyright infringement intended" and absolutely unequivocally are infringing copyright. The fact that some people don't know the meanings of words doesn't change whether the words have meanings.)
Why is it the case that projects that embed SQLite cannot be open source in the OSI sense? (I don't think this is true.)
From what I can read, that's the plan. After all "open-source" or not is pointless when developers are on the bed inside of ICU :D
https://github.com/996icu/996.ICU
Even on HN: https://news.ycombinator.com/item?id=19507620
The link just shows you one particular file in the repo, but that should be obvious to anyone who ever used GitHub.
> The purpose of this license is to prevent 996-style companies from using the software or codes under the license, and force those companies to balance their work schedule.
Doesn't sound like protest to me, but like extortion. Either you do what we want, or you can't use our software.
> (P.S. This is a protest, not a legally binding license)
It is a legally binding license and not just mere protest. That's all I claimed.
So... just like any other license?
Not everything is sold for money.
The thing is, this kind of online protest is the safest for both initiators and participants. If by "other venues for labour activism" you mean go to the street, you're basically risk sending people to jail (And after the thing, nobody want to risk to get milled down by tanks).
Also, did you know that 996 is by law illegal in China? You can technically report your company if they force you to work 996. But: 1) After that, you will probably get fired for any number of excuses. 2) Your company is clever, they know many ways to get around the law.
Now, after all that dilemma, how could you protected yourself and help other developers just like you? The license idea come out naturally.
Why will the government avoid to use repressive measures against this? Otherwise they don't do their job of totalitarian government well enough. In a totalitarian state, I'd certainly be afraid to support this.
> Also, did you know that 996 is by law illegal in China? You can technically report your company if they force you to work 996. But: 1) After that, you will probably get fired for any number of excuses. 2) Your company is clever, they know many ways to get around the law.
Yeah, I've read the website. So technically, the license isn't needed.
> how to you protected yourself and help other developers just like you? The license idea come out naturally.
If you can't get the law enforced, how will you be able to enforce the license? I've heard that chinese courts generally don't meet western standards.
This is how the labor law been structured in China. In many cases you need to file the case by yourself in order to get it investigated.
> So technically, the license isn't needed.
> If you can't get the law enforced, how will you be able to enforce the license
I don't think you've understood the situation. In China, we play it safe.
You can get administration involved, but you will likely need to file the case by yourself, which may cause you to get fired. Now, if a third-party can help you by putting some pressure on your company, then both of you will be safe.
The license adds another reason to convince your boss to not implement 996.
This argument would work just as well for all of these other venues. That there's something else you could be doing is not a valid argument against doing the thing that you are doing.
"Why strike when you could change software licenses?"
And you don't need to put double quotes around employees. They are employees and deserve to work in a good environment like everyone else
However, yes, I do believe that multiple 12+ hour days in a row is ultimately counterproductive. Also, I wonder if overlapping shifts would reduce the chance of errors.
https://www.theguardian.com/society/2009/nov/05/nhs-confiden...
> The report suggests the shorter working week is responsible for a lack of continuity in out-of-hours care
> shortening rota hours had led to more shift changes between medical teams and greater chances for mistakes to occur
> the early effects of the 48-hour European working time limit on surgeons and found that these new rotas had almost entirely removed adequate time for handover of sick patients
Also think about this - those doctors who don't do handovers, such as a dermatologist doing out-patient clinics, don't work long hours. Hospitals only do it where clinically required.
It's an insane culture.
My guess is that it is easy to spot error in handovers (X didn't say/write this, Y didn't hear/read that). But errors due that you have worked 11:30 hours are more difficult to isolate.
They don't do it for people who aren't doing handovers, like general practitioners who can work half-days just a couple of times a week if they want, or administrations. So we know it isn't inherent for doctors or for the staffing of the hospital. Only for those doing handovers...
Because the culture of US medical training was initiated by a coke addict, and it's extremely conservative and slow-moving.
https://en.wikipedia.org/wiki/Medical_resident_work_hours#EU...
https://www.theguardian.com/society/2009/nov/05/nhs-confiden...
In the UK they always worked long shifts because it’s safer. They’re trying to stop them, and it’s less safe.
Why do you think the reason the UK has always worked long hours is due to a drug addiction in the US rather than experience in safety?
It looks like they are not hiring enough senior staff, not handover problems.
We can choose to think that they independently arrived at an ideal state, but that's not reasonable.
_This_ license? Probably not.
Making your own license is hard. The best advice is probably don't try unless you're a licensing expert or have unlimited access to one.
You're within your rights to use this restriction, but it's equally as ridiculous as a restriction forcing employees not to eat toast on Tuesdays, Wednesdays, or Thursdays.
I hope this doesn't catch on.
Edit: If the main target here is China, how much do you really believe Chinese companies care about Western copyright laws?
The GPL works because it's pretty unambiguous about what exactly your obligations are, it's pretty unambiguous when there's a violation of those obligations, and because there are entities that do care deeply about copyright (like, oh, Microsoft and Oracle and IBM) that you'd like to affect.
Any license of the form "You must not use this code to wage war." is not going to get respected. The military doesn't care if you sue them.
Any license of the form "You must obey laws" (like this one, "The above license is only granted to entities that act in concordance with local labor laws") is not going to get respected. Either the entity was going to obey laws, in which case it's redundant, or they weren't, in which case what do they care about copyright.
Any license that's five lines long and tells a US court they have to decide whether a Chinese entity is complaint with Chinese labor law is just ... not going to work the way you want it to.
Any license that restricts use and not distribution has the practical problem of being difficult to enforce. If your code runs inside Palantir's systems or on a Patriot missile or as part of the PRISM backend, how will you ever know? The AGPL skirts this line by retaining the "distribution" concept and just defining networked use as distribution (and I think even that is questionable) but anything where you're not actually seeing the infringement is not going to be feasible to enforce.
What about companies that see respecting laws as a tradeoff between having less profits and getting fined? If breaking the law implies an additional fine due to this license, it may tip the balance the other way.
I have quite a few mainland Chinese friends in tech (I used to work there), and most work extremely long hours not because they like it, but because management and company culture enforces it and they're powerless to change it. They can't even conduct collective action, as that's essentially illegal. Chinese courts have however recognised the GPL, so it's conceivable that a license like this could have a real effect.
I'm also led to believe that many people in the western game industry don't like crunch time (sometimes 100hour+ weeks), but have no choice in the matter. Hence their frequent calls for unionisation, such as https://www.reddit.com/r/gamedev/comments/86hac3/its_time_fo.... If such a license became widely used and could be legally enforced, it could potentially contribute to better working conditions in the game industry.
Moreover, note the words "request or schedule". Seems like it wouldn't apply to companies whose employees willingly work extra hours without this being implicitly requested or scheduled by the company.
>but it's equally as ridiculous as a restriction forcing employees not to eat toast on Tuesdays, Wednesdays, or Thursdays.
The difference is that it's not forcing anyone to do anything; nobody has to use software with this license, but if they choose to use the software they must accept the terms.
>Edit: If the main target here is China, how much do you really believe Chinese companies care about Western copyright laws?
Chinese courts have in fact shown willingness to enforce the GPL in some cases: https://heathermeeker.com/2018/04/30/first-gpl-case-in-china...
There are reasons a reasonable employer might adopt this. Maybe they never require employees to work more than 40 hour weeks, so they can advertise they follow this strict license to give them an advantage in hiring employees who want some guarantee they won't have to work overtime. Maybe they want to "open source" something to have the community contribute to their product for free, but don't want their competitors to be able to use it. Maybe a lone open source developer builds something with this license, then starts a business.
I think the idea is that if it catches on, eventually somebody will write e.g. a really important library using the license, then companies would have to consider using it.
And even if there is one employer that is willing to make that guarantee, what library is important enough that it must be used and cannot be reimplemented, even given the combined resources of every employer not willing to make that guarantee?
If a lone developer wants to write software, great, but again it's not an open source license and they should have no expectation of others contributing to it, the way they would for open source. There's been lots of freeware / shareware in the world. It's mostly been out-competed by actual open source.
I've seen enough Europeans commenting on this site to say that yes, this is the case as it's illegal for companies in some countries to require employees to work more than that. Even the amount of paid overtime is strictly limited.
>Even if at 5:58 PM the elevator breaks and you can't leave until 6:01 PM?
I don't think any court (contracts are interpreted by courts) would reasonably consider this as the company requiring anybody to work to 6:01 PM, unless the company sabotaged the elevator.
What's a use case at a software company for requiring someone to work over 40 hours that can't be solved by having an extra employee with overlapping shifts?
>And even if there is one employer that is willing to make that guarantee, what library is important enough that it must be used and cannot be reimplemented, even given the combined resources of every employer not willing to make that guarantee?
Maybe one library is not enough, but if an ecosystem grows, it's possible. Companies don't exactly love the GPL, but adopted software using it where there was no other option.
>If a lone developer wants to write software, great, but again it's not an open source license and they should have no expectation of others contributing to it, the way they would for open source. There's been lots of freeware / shareware in the world. It's mostly been out-competed by actual open source.
Personally I agree that this license has a low chance of having any effect, but that doesn't mean it's not worth trying.
Except labour laws treat overlapping shifts not as a shift work, but as a scheduled work. This means different overtime provisions etc.
Well, stopping them from being able to, will also help the other 90% that don't want to do so, doesn't get any monetary advantage, but still is pressured to. Small sacrifice to make.