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Explanation

Katt Gu edited this page Apr 1, 2019 · 18 revisions

需要先解释清楚地一些点:我看到很多人都说想要在许可证里面规定工作时间和加班赔偿,我个人意见这个方法不太可取。第一,司法机关可以随时判决说这个许可证无效,因为其中所要求的一些条件是在法律保护之外,但只有受法律保护的权利才会有保障,比如说通过公安机关,劳动保障部门这样的方式。第二,没有公司会以愿意接受这么严的一条规范。因为他们现在已经不遵守劳动法了,我们不可能要求他们接受劳动法之上的东西。所以,我觉得我们应该从最低要求做起,从质变到量变,一点一点推进大的改革。第三,我认为有些人在得到公平合理的加班赔偿的情况下是愿意加班的,因为我个人也比较工作狂,周六日也几乎不休息。我希望我们能尊重所有人的选择,愿意加班的,给他们相应的报酬,不愿意加班的,不强迫他们加班。

Something to explain beforehand: I saw many people want to specify the work hour and compensation, for me, I do believe it is not a good option. First, the court can rule that the license is void at any time, because it is asking something beyond existing law, and only things protected by the law can be enforced (through police department or so ). Second, no company would be willing to accept such a strict standard. They are already not complying with the labor law right now, how can we expect them to accept something beyond labor law? So I think we should start from the minimum requirement and push for radical change piece by piece. Third, I do believe some people are willing to work overtime if they get fair compensation because personally, I'm a workaholic that never take rest during weekends. We cannot just require this group of people not to work overtime because it's their own choices.

Copyright (c) <year> <copyright holders>

Anti 996 License Version 1.0 (Draft)1 & 2

Permission is hereby granted to any individual or legal entity obtaining a copy of this licensed work (including the source code, documentation and/or related items, hereinafter collectively referred to as the "licensed work"), free of charge, to deal with the licensed work for any purpose, including without limitation, the rights to use, molify, reproduce, prepare derivative works of, publish, distribute and sublicense the licensed work, subject to the following conditions:3

  1. The individual or the legal entity must conspicuously display, without modification, this License and notice on each redistributed or derivative copy of the Licensed Work.4
  2. The individual or the legal entity must strictly comply with all applicable laws, regulations, rules and standards of the jurisdiction relating to labor and employment5 where the individual is physically located or where the individual was born or naturalized6; or where the legal entity is registered or is operating (whichever is stricter).7 In case that the jurisdiction has no such laws, regulations, rules, and standards or its laws, regulations, rules and standards are unenforceable, the individual or the legal entity are required to comply with Core International Labor Standards.8
  3. The individual or the legal entity shall not induce or force its employee(s), whether full-time or part-time, or its independent contractor(s), in any methods, to agree in oral or written form, to directly or indirectly restrict, weaken or relinquish his or her rights or remedies under such laws, regulations, rules, and standards relating to labor and employment as mentioned above, no matter whether such written or oral agreement are enforceable under the laws of the said jurisdiction,9 nor shall such individual or the legal entity limit, in any methods, the rights of its employee(s) or independent contractor(s) from reporting or complaining to the copyright holder or relevant authorities monitoring the compliance of the license about its violation(s) of the said license.10

THE LICENSED WORK IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN ANY WAY CONNECTION WITH THE LICENSED WORK OR THE USE OR OTHER DEALINGS IN THE LICENSED WORK.11

1: Drafted by Katt Gu, J.D., University of Illinois, College of Law; Ph.D. student in Informatics, University of Illinois, Urbana-Champaign; advised by Suji Yan, CEO of Dimension. 由Katt Gu,伊利诺伊大学法学院,法学博士;伊利诺伊大学厄巴纳香槟分校,信息学博士在撰写;由Suji Yan,Dimension CEO提供指导。

2: The license is intended to be compatible with other commonly used licenses such as Apache, MIT, GPL or so. 该许可证旨在与其他常用的许可证(如Apache、MIT、GPL等)相兼容。

3: This part is adapted from the MIT license. 这部分改编自MIT许可证。

4: Derivate work shall include modified work, which means you will need to get the license if you use any part of the code that has been created by another person, or recognizably derived from something created by another person. 派生作品应包括修改过的作品,也就是说,如果您使用了由他人创建的代码的任何部分,或者使用了被认为是衍生自他人创建的代码的任何部分,则需要先取得许可。

5: I did not specify the work time limit here because I think this part is included in the labor and employment law of most countries. I think these law professionals who draft the law know more about how to prevent those companies from using the loopholes of law than us, so it is better just to say "comply with laws". Also, I use the term "relating to labor and employment" to expand the scope of protection, because other laws including the constitution may be related to labor and employment. 在这里我没有写明工作时间限制之类的限制,因为我觉得这部分内容已经包含在大多数国家的劳动法中。这些起草法律的法律专业人士比我们更了解如何防止这些公司利用法律漏洞来作恶,所以最好的说法就是“遵守法律”。此外,这里使用了“与劳动和就业有关”一词来扩大保护范围,因为有许多其他法律可能与劳动和就业有关,例如宪法。

6: Where the individual was born or naturalized basically means the person's nationality. This is to prevent situations like a US person who resides in China claiming that he should comply with Chinese law rather than US law. 个人出生地或归化地指的是一个人的国籍。这是为了防止比如说,一个居住在中国的美国人声称他应该遵守中国的法律而不是美国的法律。

7: Same as the reason above, this is to prevent multinational organizations or companies from moving their business to area with the least labor protection. As long as their headquarters are in, for example, US, they have to comply with US labor laws.与上述原因相同,这是为了防止跨国组织或公司将其业务转移到劳动保护最不严格的地区。如此一来,只要他们的总部在美国(即在美国经营),他们就必须遵守美国的劳动法。

8: For places with no labor protection, I believe it is better just require the companies to comply with the core international labor standards because it is the most widely accepted standards in labor protection globally.对于没有劳动保护法的地方,我认为最好的方式是要求公司遵守国际劳动标准的核心公约,因为这是在国际上最被广泛接受的劳动保护标准。

9: This is to prevent the company from forcing or inducing its employees to sign a contract with terms saying that they are willing to work overtime with no compensation or so. I'm not sure if such kind of contract is recognized as valid in China, but I'm pretty sure it is recognized as valid in some countries. 这是为了防止公司强迫或诱导员工签一些包含说,他们自愿无薪加班,任凭公司调遣的合同。我不确定这种合同在中国是否有效,但我觉得在一些国家这种合同是会被法院承认的。

10: People should have right to report violations. This is an enforcement mechanism that cannot be restricted. 我觉得员工应该有权举报违反许可证的规定的情况。这种保护机制也不应该收到公司的限制。

11: This part is adapted from the MIT license.这部分改编自MIT许可证。

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