
Over the summer, there was a bit of a tussle at the highest level of
Ubuntu governance over whether or not
Canonical Ltd., the company
that funds the majority of work done directly in Ubuntu, should name its
file syncing and backup service
Ubuntu One.
Canonical's service involved a freely licensed client included in the
Ubuntu distribution but, as a network service running on Canonical
servers, it was not clearly a part of Ubuntu (the GNU/Linux
distribution) or Ubuntu (the community) in the way the term was usually
used within the community. Although the network service itself was not
Franklin Street Statement free, this was not the most important
issue for everyone who objected to the name. The major issue for many
seemed to boil down to the fact that, free or not, Ubuntu One is a
service run entirely by Canonical outside the reaches of the Ubuntu
governance structures.
Decisions were made and not everybody -- and maybe not anybody -- was
absolutely happy with the outcome. My goal is not try to revive old
arguments here. As far as I'm concerned, the issues are settled and the
service is called
Ubuntu One. That said, the questions raised during
the episode are fundamental to Ubuntu and to other firm-sponsored FLOSS
projects. Now that the dust has settled, they are worth reflecting on.
From a legal perspective, there never was any ambiguity. Canonical "owns"
the Ubuntu trademark. In this important sense, "Ubuntu" means whatever
Canonical says it means. This is hardly new. As just one example, the
Official Ubuntu Book (of which I am an author) was written by
community members but became official because Canonical blessed it. But
despite the fact that they don't need to, Canonical has often consulted
with the community and its governance structures about trademark
licensing policy.
This was also not a case of Canonical not listening to the community.
Canonical employees approached the
Ubuntu Community Council
(Ubuntu's highest governance board of which I am a member), listened
carefully to concerns, and responded thoughtfully.
The question was not even about a clash between what Canonical and the
CC thought about the issue. An unambiguous majority of the board,
including all the Canonical employees and several of the community
members, supported the idea of Canonical using the trademark.
The question
was one about who gets to make the decisions about the
Ubuntu name and about what role the community and Canonical would each
play. Despite the fact that a majority of the Ubuntu community council
was likely to support the proposed name, the CC was told by Canonical
CEO Mark Shuttleworth that a vote was irrelevant. Canonical made it
clear that decisions about the Ubuntu trademark were simply not in the
CC's purview. The decision on how the name was to be used was something
that Canonical was not willing to delegate to an "outside" (the firm)
governance body. Few businesses would. And although I don't agree with
the decision as a community representative, I might have even made the
same call from Canonical's shoes.
In traditional firms, it's usually pretty clear where the organization's
boundary lies. In FLOSS projects -- and especially in FLOSS project
like Ubuntu who are sponsored in very large part by a single for-profit
company -- boundaries are fuzzier. The conversation about "Ubuntu One"
can be seen as a fight over what "Ubuntu" refers to, and, more
importantly, who gets to answer that question. In deciding whether to
call a service "Ubuntu", a decision is made on what Ubuntu is. Names are
powerful.
Is Ubuntu just a Canonical project? Are Ubuntu's contributors really
just Canonical contributors by proxy? I think the answer to both
questions is "no" but the boundary issues involved are complicated and
under constant negotiation. Every time Canonical uses the Ubuntu name
itself or grants others the ability to do so, these boundary issues
are negotiated, one way or another.
This boundary setting work reveals an important tension that firms
releasing FLOSS must all struggle with. To what extent and in what ways
do communities get to decide
what a FLOSS project is and to what
extent do sponsoring firms get to do so? How should projects and firms
do this most effectively? What should we even be optimizing for?
I think that any resulting balance has a huge effect on whether a FLOSS
project is, on one hand, released under a free license but run like any
old corporate project or, on the other, a true "bazaar" style project
where no single firm dominates -- or where they fall on that spectrum.
Names and trademarks are one way that projects define their own
identities and act as an important frontier in this balancing act. As
every firm/project negotiates their own answers to questions of names
and boundaries, there are important implications for the project's
ability to attract volunteers, solicit contributions from other firms,
and more. The confusion around conversations about Ubuntu One shows that
we still have a lot to learn.