WEBVTT

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So, from circuit it is, and we are about to start a larger block about the cyber

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resilience act, and we will kick it off, Jimmy will kick it off with the talk on the CAA

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contribution applications and challenges.

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Cool, let's see, yes, this works, that's awesome, that's a great start.

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So my name is Emelberg, I work as director of open source policy at the Ericsson open

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source program office, for those of you that are wondering, yes, Ericsson are still around,

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we don't make mobile phones anymore, but we do make mobile networking infrastructure

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such as 5G network equipment that we sell to CSPs and making sure that you can stay

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online at all times.

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Dear phones, the views in this presentation, since I am a lawyer, full disclosure, are not

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necessarily those of my employer, so these are my own views.

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My job at Ericsson, I said I am director of open source policy, of course, that's a made-up

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title, right, doesn't mean anything.

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So what do I do?

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Well, I am partly a lawyer, I am partly a guardian for Ericsson, in terms of risk, IP, copyright

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and so forth.

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I am also a bit of a gardener in the sense that our work is to, oh, I should be here.

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Cool, I need to curb myself, yes, I am now glued to this quote.

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Okay, some bit of a gardener in the sense that we help grow open source both internally

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and a culture of that, but also externally, in the projects we are engaged in, a bit

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of a translator between engineering, legal and business management, trying to explain

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like this strange things of open source, why does it make sense?

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Why should we be doing that?

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Why should we be giving away stuff for free, right?

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And I am also a little bit of a cultural anthropologist, that is a very hard word, I will

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take a moment to explain that.

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A cultural anthropologist is, you know, those brave people that go out to the Amazon live

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there for 12 months, among the local population, instead of study how they act and work.

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I am not quite so adventurous, I will not travel down the Amazon river and live with the natives.

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Instead, the culture and tribe, I study are software developers and, like today, I am dressed

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as the warrior cast of software developers, the open source people.

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And I also sort of occasionally need to go back to the human village with the grown-ups

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at legal departments, that is way less fun.

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So open source at Ericsson, why is what I talk about relevant towards the scale we do?

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I think about mobile communications network, there is something quite closed, there is no open

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source in there.

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Well, there is a lot of open source in there and we do use a lot of open source at Ericsson.

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So this is the number of new components, top level components, not including dependencies,

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new components we introduce each and every year.

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That might be a new version, but no components or something completely new.

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So we have a lot of new open source components coming in each and every year that we need

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to manage.

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And that is of course high-per-relevant from a CRA perspective, one we need to deal with

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that.

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That is not exactly what I am going to talk about, but I have figured, I give you a reason

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to listen to me, right?

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So the CRA awareness curve, how does that look like?

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How does that look like for any person or organization?

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And those of you that heard me talk before, I usually use a version of this slide and I'm

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lazy, so I'm going to reuse it and just rename it, CRA.

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So at the first stage, you're at the denial stage, we're not going to be impacted by CRA,

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right?

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That's some weird legislation.

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Either we're not going to be impacted because we're not in Europe, or not European

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company, or what we sell doesn't have any problems, right?

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And I go, like, oh, this is a huge risk for us, we really need to deal with the CRA.

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And then, I'm going to bring the boring stage, like, if we please just not impacted by this,

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if there's someone at the Commission, we can talk to, could we not sell stuff in Europe,

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like how do we get out of this huge compliance and regulatory burden you have just created

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for us?

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A huge depression stage, we are screwed, there's no way around this, right?

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So hopefully, in the end, you will get, like, the acceptance stage, the final stage of

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grief.

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This is okay, we just need to be smart about it and develop strategies and most importantly,

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processes to manage the CRA and CRA implementation.

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So for those of you who don't know, I made a stupid assumption of thinking, I would

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not be first among the people talking about CRA.

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So everyone knows what CRA is.

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Lots of people know that CRA has, even people raising their hands, great.

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But for those of you who may be joining us on the stream, that doesn't know about CRA already,

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this is the very simplified version of what it is.

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If you don't know about CRA, the focus taking the 36 months of started, so we better start

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looking at this.

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And this is a legislation from the European Commission that concerns all product with digital

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elements.

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Essentially, it's a C-marking for software.

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Fundamentally, it's about not shipping software with known vulnerabilities and reporting

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of vulnerabilities you find.

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And if you have fixed stuff, you need to fix it upstream as well.

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And about shipping as bombs, or at least have them available to ship and provide to the

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national bodies.

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And potentially, it's very expensive if you don't comply.

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That's why you should care about it, at least if you're a company.

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So a little bit in detail about the CRA.

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So let's highlight what's important and what we're going to cover in more detail here.

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So where manufacturers have developed a software hardware modification to address the vulnerability

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in the component.

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They shall share the relevant code or documentation with a person or entity manufacturing

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or maintaining the component.

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We're appropriate.

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They should do it in a machine readable format.

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So this is, in my view, a really, really big change in the way we need to think about open

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source and the economics incentives around this whole thing.

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Because it used to be that, you know, you could take stuff, you could consume them.

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It didn't necessarily need to contribute back.

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There's plenty of good reasons why you should.

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Don't get me wrong.

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But you didn't really have to.

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So if we run through this scenario that we have an open source component, we like this

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open source component.

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We're going to put it in a product, but after a while we discovered that this has a vulnerability

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to it.

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Okay?

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What happens then if we go back to this text, what should we be doing, right?

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We're going to run this exercise.

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So open source component into our product, we find a vulnerability.

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The first question that I would ask is, have you developed a fix for this?

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Yes or no?

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Well, if no, then you need to report the vulnerability to the owner.

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And I do, I use that's not the term in the CRA, but it's, it's fitted within this box,

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right?

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It was easier than manufacturer or open source keyword.

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So let's use the term owner for now.

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Zinn is reported to the owner.

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And, you know, that might get implemented and addressed in that component going forward.

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This could, at this point, be a proprietary component or it could be an open source

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component.

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We're going to assume that's an open source component, because that was a bit put up there.

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Okay?

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So, assume that this is an open source component, we found a vulnerability, we have actually

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developed a fix for this as well.

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So, the next question we need to ask is, is this a permissive license?

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There is it BST, this is MIT or something similar.

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Or is it a copi-left license, like, for, in that case, that leaves us with a number of options.

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In the case, where this is a permissive license, I mean, we can either contribute the fix-up

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stream under that license or a compatible license, upstream to the project and, you know,

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they can do what they want with it.

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But the CRA also leaves us due to language, the opportunity to contribute this on their proprietary

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license.

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There's no requirement to provide it under the same license.

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However, in the case of a copi-left license, then, of course, in both these cases, it's a derivative

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work, right?

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And we know that under copi-left derivative works needs to be licensed under the same terms

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of conditions.

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So, the same license needs to apply.

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So, for companies, this becomes really, really interesting, because normally, at the

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large corporation, your open source policy might be that, well, we're not going to contribute

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to the IPL projects, or we don't contribute at all, or we have a long and winding process

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to contribute into a project, even if it's a small bug fix, because we're really super scared

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about this open source thing.

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So, this really changes that, right?

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Because, like, under permissive license, these companies that are scared of it, they can still

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provide under proprietary license, or provide it in some way, shape, or form, or they

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can provide it under permissive license, which may be less scary.

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But, for copi-left, they really need to do it under the copi-left license.

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So, yeah, here I talk about a little bit of a significant substance, right?

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And it sort of, for me, the significance here is that it's truly shift, that's the voluntary

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nature of this.

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This is no longer something you can choose to do, especially in Northebut Steepel.

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You need to contribute this back up stream, like historically companies, like it or not,

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yes, there's everyone they do, what's good for them.

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They contribute, what benefits them, when it benefits them, I have 15 minutes left.

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So, for me, that poses the question, right?

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Building this with the CRA, will this impact what open source companies select?

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Will they be less likely to select non permissive licensees with this?

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Because all of a sudden, they don't have the option, if we go back, they don't have the

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option to go with a proprietary license and contribute the back in, they don't have the

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option to contribute under that, they need to contribute up stream under that.

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Will it impact companies' contribution policies?

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Will the requirements in the CRA necessitate that companies make it easier, quicker, faster

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to contribute these bug fixes and fixes?

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Will it impact the policy of fixing contributions?

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So, if I'm a company and I'm scared of this thing, or if I'm for some reason don't want

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to do this, will my policy be, I'm not going to fix this, I'm just going to report it,

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and let someone else do it up stream, we're not going to fix it until because we don't

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want to be contributing off stream to these projects.

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I think those are important questions to ask.

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I don't think they necessarily were asked during the CRA process, but I think it's something

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that should be asked now.

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Also, CRA for me, it's supposed to be a question.

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Is it likely how easy it will be for a company to fulfill its obligations under the CRA?

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How easy a project makes it for them to do that?

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Will that impact their choices?

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So, for example, if I have an old abandoned component, will I now be less likely to select

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that due to the fact that if I discover a vulnerability, there's definitely no one upstream

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that's going to react to my report, and I need to fix it myself, but then I also have the

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requirements contribute that back off stream, but there's no, if there's no one receiving

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it, like have I really fulfilled my obligation then?

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So will this mean that sort of abandoned where will be even less interesting to use?

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Maybe that's a good thing, and maybe not, right?

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But I think it's an interesting question to ask if this forces us to sort of be on more

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current versions or newer software or active maintainers.

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For example, if I put on my boring lawyer hat and ask the question, like, okay, so we

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have developed this fix, we have shifted, no one is answering us, do we know they have it?

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Have we fulfilled our obligation?

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Because I'm going to be a lot happier if that project responds, hey, thank you so much

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for your contribution, we have received it, your obligation under this theory is fulfilled.

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That's going to make my life a lot easier, because I can take the box like we did what

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we were supposed to, we can cover that a little bit again, and also with software as a service,

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it's normally, you would think that, okay, we offer this as a service, we don't distribute

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it, DPL doesn't really impact us in that way.

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What I find interesting is that the CRA also contains this language around remote data processing,

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meaning data processing at the distance for which the software is designed and developed

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by the manufacturer or under the responsibility of the manufacturer and the absence of which

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would prevent the product, which is the elements from performing one of its functions.

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I, if I sell you a product and I remove the data processing, does it do everything I told

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it would do when I sold it to you, and if we remove that, okay, but in that case, then it's

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covered under this scope of the CRA, and if this remote data processing then contains

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a vulnerability, we need to fix it, but if that's remote vulnerability, due to the couple

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left, effects will also impact my fix, mean that fix needs to be couple left, all of a sudden

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normal GPL is a lot closer to AGPL than what it used to be.

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So in that sense, the CRA shifts to AGPL to something that is a lot closer to AGPL, I think

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that's an interesting thing, it's not necessarily a good or a bad thing, but I think it's

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interesting.

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So software as a service, that's not necessarily a shield behind any more for these things,

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which I think should have implications for the compliance work on these things as well,

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and the homework the companies should do even if they're offering a software as a service.

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We can look at one more interesting detail here, because this is the text, and it also

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says, or documentation, about this GPL thing, and it's a couple of things, is it an

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off that we supply documentation, and documentation doesn't necessarily have to be a derivative

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work.

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The documentation could be, well, you know, don't run that function, or remove this, right?

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Have we satisfied our obligation then, is that sufficient, or are we still impacted by

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co-pileft in that case?

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Well, maybe maybe not, I guess we will see, right?

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I don't think that's the intention of this language necessarily.

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I think it's probably meant for when there is no, when this is not possible to fix,

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via software, it might be that this is a hardware issue, it might be something else, right?

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So, I'm not necessarily thinking that this is what they intended, but this might be the

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result of that.

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I don't know that that's necessarily something we should be happy with, I think it's

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probably better if people contribute, they actually fix, rather than do the work around

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the flag.

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Yeah, we have the fix, but now we're going to rewrite that fix into documentation, and

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you guys have to implement this.

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Okay.

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I think we've gone over most of this, so what I would like to do is talk like some potential

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issues, right?

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So, for example, and I will move into QINA.

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All of you guys look like you're really following, so I'm not sure there's going to be

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any questions, so there's going to be lots of them, we'll see.

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So, say for example, you're on the exclusivity agreement with one of your customers, and

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that's exclusivity agreement says that everything we develop under this contract for

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you, that belongs to you, that's your stuff, right?

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We have to develop it for you, that's very standard.

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Or you have joint ownership with them of what you develop in an R&D collaborations, like

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we own everything together, and we all need to agree with what we do with it.

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Or you have issues of patent ownership, like patent ownership is one thing that could come

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in.

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Or other questions that could be potentially issues.

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If anyone could come up with more of these, let's bring them up during Q&A.

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I don't know if these are good solutions or not, but I mean, to the issue of if you

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have exclusivity with your customer, the problem then is, of course, that I have promised

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you exclusivity with everything I developed, even the things that were derivative works

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of copyleth software.

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But now I'm forced to make that available, I'm in breach of my exclusivity towards you

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my customer, because this is the array says you need to contribute this, my contract with

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my customers says I'm not allowed to make it software publicly available, because it's

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his.

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But I have developed a fix, and I have it.

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I mean, at reasonable solution would be to talk to your customers, say, hey, where

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this serial obligation and this fix is really not that important, but that's, of course,

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the reasonable thing, and like if people were reasonable, I'm a lawyer, I would be out

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of a job.

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So maybe that doesn't work, maybe it's better that you take into writing, in these

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agreements, that well unless it's for CRA purposes, then I'm allowed to, to fulfill my

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legal obligation on the CRA top screen this, right?

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And of course, most contract has this, like, abiding by applicable law clauses, but is

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that sufficient?

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I don't know, maybe it will be, maybe it won't be, but it definitely can't hurt, at

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least in terms of your relationship with your customer, say, hey, this situation might

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come up.

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We need to deal with it and do that upfront rather than relying on those clauses, because

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even if you're allowed to do it, that relationship with the customer will certainly be

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more stower if they are not being reasonable.

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And another thing is like, well, this might impede you, but not your customer, if the fix

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is developed in the US, for example, by your company, but you have the same open source

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software that's also deployed in Europe, and you know the same vulnerability applies.

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Well, then your US customer, it's definitely going to say, well, abiding my applicable

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laws, I mean, the applicable law is here at US laws, so I really don't care about the

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strange CRA thing in the Europe, you're not making my software available source.

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So the question is, do we need more specific language on CRA?

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Maybe.

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And another question is, can you require an NDA to be signed, along by the code being provided

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up screen?

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I don't know that there's anything to say, preventing it, it might not be a good thing,

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but that might be a path to be built take, I'm not sure that's a good thing, but it's

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also might be so that to provide the fix, you would be provided, you would need to show

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some stuff that are either trade secrets or stuff that you're simply not willing to

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share, you shouldn't be sharing, like personal data or so, so maybe you need to

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require science NDA sometimes, that might be a solution.

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And then, back to the question, can you provide documentation?

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Maybe?

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Other ideas for how to solve these things?

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I think with that, we can move into, like, the Q&A part of this.

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Anyone with a question?

19:43.800 --> 19:46.800
Okay, let's start this.

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And it would be great if next guys, really, for from us, that guy had to run really far.

19:52.800 --> 19:59.960
So, thank you for your presentation, and hello from Sweden.

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One question is that we have issue with software where we discovered a security vulnerability

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in, and we did a report and also right how to reproduce it, and we're very lengthy, and

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it got to response, nah, it's not the security issue, but we could show them that it's

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a real issue, how did you do that?

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Well, I would say that that's the case where you have done what's up on you, and it would

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be upon that project.

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They have no responsibility to implement what you give them, right?

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Just because you have developed a fix, it doesn't mean it's a good fix.

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It might be something that's not relevant, or it might be something that's, you know,

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it's the garbage and trash, and we'll sort of, like, hey, all developed fix is that

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as soon as you hit the run on this, it just shuts down the program.

20:55.840 --> 21:00.600
Okay, well, it fixes the security vulnerability, but you introduce another of other bugs, right?

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So there's no requirement on the project actually take your fix, but they have to receive

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it.

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And in my view, that's kind of where that, that obligation ends, right?

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Then there's other things on the project that they might need to do, but in terms of the

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relationship between you, the project, that's where it ends.

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They have received it, now it's rest up to them.

21:25.520 --> 21:35.240
Hi, thanks by the talk, it was an interesting insight on, yeah, interesting questions.

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Like I thought about, I'm aware that many companies fear using a copy left software if they're,

21:42.680 --> 21:47.680
especially if they're based on, like, proprietary business models, but you mentioned several

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times that these companies might also fear contributing back to some, yeah, a copy left software,

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so in the first place, why should they contribute back, even if they don't use this software

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at all, the first place, and even if they would use copy left to software, what's the

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metric with contributing back?

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So there's no, I don't see the legal risk here for all the companies.

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Okay, so in the first place, I think there's very few people that use absolutely zero

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GPL code or copy left code.

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I think there are companies that may think they don't, they don't use it, but I think

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during the process of CRA, they will become aware.

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We've seen that time and time again, so it's like, yeah, you're telling me this, but

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I'm pretty sure that somewhere in your stack that sits a few DPL libraries, so they are

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using it, and reasons might be, right, that they simply don't understand it or they don't

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have, like, in large organizations, there's processes for most things, right?

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There's no process for this, like, we don't know how to conceptually deal with this,

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that might be one thing.

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Another thing might be that the GPL, at least GPL version, three contains patent provisions,

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that they might be seeing that as a problem, no, we don't want to contribute it out, because

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we would expose these patents towards that, because that functionality is not previously

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introduced into that project, and we have no intention of contributing that, that might

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be one such reason.

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Did that somewhat ask you your question?

23:26.420 --> 23:31.140
Hey, great talk, thank you.

23:31.140 --> 23:35.420
One question that I had was you, one of the things that you had on your list that you kind

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of glossed over was abandoned projects, and I was wondering if you could elaborate a little

23:44.340 --> 23:49.380
bit on that specifically, I'm thinking about server-side components that might be

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part of such types of abandoned projects or abandoned products.

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Okay, so I will try, and this might not be a good answer, but essentially my fear here

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from, like, again, boring corporate lawyer, printer-reduced risk is if we have one of these

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components, and it's an abandoned project, maybe even, like, we have the source code,

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but since the website has shut down, we have no way of contacting the former owner of

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this.

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It's pre-github.

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It was available on something else, or this is anonymous user on stack.

