Essentially it boils down to outlawing vague arrays of behaviour that can apply to essentially anyone and thus must be selectively enforced. I used examples from history surrounding vague laws and the implications that came from that (usually it’s the precursor to huge atrocities or totalitarian regimes. Although I’m certainly not saying they always are).
The wording for the freebsd code of conduct was the most troubling, if you take it at its letter then you basically shouldn’t (or can’t) have non-work discussions because any comment on appearance, lifestyle, diet or even sending “hug” without prior consent is verboten.
It’s also a list of things that are not allowed. Not a way of actually presenting yourself.
Some of the hacker news guidelines are a good example of the inverse: “assume good faith”
The thing is. It comes from a very US-centric political source (geekfeminism) and was barely given any time to be disseminated or discussed, so people were a bit sour- and the handling of criticism only made people more sour
Anyway. This thread doesn’t need us to digress into this topic, and we already have.
I shouldn’t have included that snippet in my comment. I know it’s controversial.
Maybe I come from a different culture (British) but it’s fairly common for people to find something they like about someone else and then comment on it. That can be appearance or other things.
For instance I was at google next last year and I told someone that they had a really nice t-shirt and enquired about where it was purchased. Did I make them uncomfortable?
If I didn’t, is it forbidden?
Does it matter at all to the progress of a project?
And when passes for illegal behavior become the norm for everyday functioning, whoever has the ability to give out passes becomes all-powerful.
Wheaton's law seems to suffice and produce more positive communities. If you find yourself needing to rules-lawyer your contributors -- maybe take a step back and solve some underlying issues instead?
Honestly? That sounds like the system is working as intended. I'm not from the US, never been there, and I wouldn't want the author of such a post on my team either.
In theory I have nothing against codes of conduct. In practice they are too often vague and written by the perennially-offended.
> Harassment includes but is not limited to: Comments that reinforce systemic oppression related to gender, gender identity and expression, sexual orientation, disability, [...].
-- FreeBSD CoC
Why even bring in the "systemic oppression" part? I can only assume that they'll be more lenient on disparaging comments that don't reinforce "systemic oppression", i.e. they'll apply "positive discrimination", otherwise it makes no sense to include such an expression in the CoC.
I refuse to participate in any project that discriminates people based on their personal traits, that includes "positive discrimination".
Because systematic oppression is more of a systemic problem. Individual problems are easier to solve than systemic problems, i.e, you don’t need a code of conduct to solve a problem with one or two people in your association. If you make one disparaging comment to someone, we can hope that they take that one comment in stride and move on. If you make a disparaging comment that reinforces systemic oppression, it’s no longer a single comment, but it’s part of a larger problem. The way these comments harm the group is that e.g. in response to low-level misogynistic comments, women silently leave the group. You might not even notice this happening until it is too late.
One of the core freedoms which is protected by the first amendment is the freedom of association, and a key part of that is the freedom not to associate with people you don’t like. If you don’t make an explicit choice about who you want in your association, the choice will be made for you by the most toxic members. So you are basically given a choice between an open code of conduct which people can discuss or comment on, or a secret/hidden network of people who make the decisions without any clear way to understand why they make these decisions or how to appeal them.
That’s just my take on it.
You absolutely need a code of conduct (laws) to solve a dispute between two people. That's the whole point of rules.
>If you make one disparaging comment to someone, we can hope that they take that one comment in stride and move on.
This isn't behavior that needs to be tolerated, especially not when the goal of the community is to write software.
This is so counter to my experiences that I have difficulty responding. Have you really never resolved a conflict without appeal to rules? I find this hard to understand.
Rules exist only because systemic problems motivated their creation. You see a sign that says “no dogs” not because dogs aren’t allowed, but because of some systemic problem with dogs in the past. We shouldn’t invent additional rules to solve problems that may or may not exist. That way lies ridiculous bureaucracy.
For example, some organizations (non-profits, HOAs, etc) adopt parliamentary procedure for their meetings. Some don’t. The fact that an organization adopts parliamentary procedures tells you that the specific organization has had problems with people disrupting meetings in the past, or that people in the organization had that problem in other orgs.
'There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted, and you create a nation of law-breakers - and then you cash in on guilt. Now that's the system, that's the game, and once you understand it, you'll be much easier to deal with.'
> Harassment includes but is not limited to: Comments that reinforce systemic oppression related to gender, gender identity and expression, sexual orientation, disability, [...].
I translate this as: > words, words, words, message worded in such a way as to make it easy to accept and/or normalize, words, words, words
Systemic oppression in used in place of a lack of meaningful, quantified, real oppression. When oppression is your cause and you can't find it you image the structures of society itself are composed of it. Never mind that people are literally dying to come to your country to get some of that good systemic, institutional, oppression. When ideology becomes your religion nothing else matters.
If you don't want to be banned, you're welcome to email hn@ycombinator.com and give us reason to believe that you'll follow the rules in the future.