Open-washing and unspoken assumptions of OSS

I apologize for being late to the party. I’ve just entered to understand the work that has been going on, and so I’ve read quite a few documents and now 350 posts to the forum.

I’m mainly coming to this from being concerned about the potential for open-washing. I’m also concerned about v.0.0.8’s “preferred form to make modifications” language, as I would like to have seen open data is part of it. Reading the comments, I have come to appreciate the counter-arguments, I think weighty arguments have been presented, though I am not entirely convinced. Principally, I fear that not requiring open data will lead to a lot of open-washing.

Nevertheless, I feel there’s something that is unspoken here, like it has always been in Open Source. I remember attending a talk by ESR around 2000 where he spoke about the taboos of open source. For example, how you could take somebody else’s code, repackage it under the same license and call it your own. But nobody does that, that would have been breaking a taboo, you’d be ostracized for it. Along a similar vein, to the discussion of whether testing data should be available we should note that you don’t need to distribute your tests with your code, but people do it anyway. Even though it could be a viable business model to have a private test suite to provide extra QA to paying customers, projects bundle their test suites. To do otherwise would be taboo.

Such things are all over open source and have always been. As stakes are higher, it may not serve us that well going forward.

I think everyone here agrees that open-washing is horribly damaging and it is important for OSAID to be clear enough to alleviate that concern. But here’s another big unspoken problem: Governance has never been part of the OSD, even though community management has always been extremely important. And community management spans from toxic BDFLs to highly efficient meritocracies.

There are so many ways to undermines people’s right to self-determination even with open source technology that it really comes down to good governance models, well beyond even the best meritocracies of today.

I think it would be a good idea to speak the unspoken, perhaps to say that the governance of open-source AI is out of scope for OSAID, and that one should not have an expectation that all or even most forms of open-washing will be addressed by the definition. What do you all think about that?

I have specifically started to talk more about “Digital Commons” recently. Within that framework, Open Source provides primarily goods that are non-exclusive and non-subtractive. Then, it marries the rich community management traditions with Elinor Ostrom’s economic theories, as the latter implies elaborate governance models.

When the EU AI Act mentioned Open Source, it should probably rather have talked about Digital Commons, because when some commentators talk about open source AI, they talk about Open Source as a completely ungoverned space, which is false for practical purposes, but since it isn’t formalized and supported by democratic institutions, an easy target.

I therefore feel that if we could make the scope clearer and make it clear that there is a division of labour here, where a Digital Commons conversation has to take place on the heels of this work, I would feel more comfortable.

Now, I really wouldn’t know where this would take us in the training data access debate, but it may readjust the expectations of the community.

3 Likes

Hi @kjetilk, thanks for your comment. Speaking of Digital Commons, I would like to point you to the concept of Digital Public Goods and the work from the DPG Alliance from the United Nations. In particular, I would like to share this presentation given by Lea Gimpel and Daniel Brumund at the AI_dev conference in Paris recently:

Thank you, @nick! Yes, I know the DPGA well, and I have contributed to standards development before.

I tend to think about DPGs as concrete Digital Commons that adheres to their standard, but that will be a small subset of possible Digital Commons and thus the concerns that must be addressed.

1 Like

Given that neither the OSD nor the free software definition talk about governance models being out of scope for the definitions of “open source software” or “free software”, I don’t really see the need to explicitly spell that out in the definition of “open source AI”.

1 Like

It wasn’t so much a content question as a process question. The OSAID does not necessarily need to spell out that governance is out of scope, we sort of know that since it has always been unspoken.

However, I think the unspokenness [sic!] of governance issues is the key problem that must be addressed by someone, otherwise, we will never get to the point where I think we all want to go: Have self-sovereignty over the technology that surrounds us. The major part of that problem isn’t OSAID in itself, or governance over OSAID, it is governance of technology development in general.

Therefore, I think it would be helpful, as a matter of process, that OSI declared governance out of scope, so that it could be picked up by others.

1 Like

Thank for this, @kjetilk - especially explicitly grounding us with Lin’s work. I often wonder what she would think of this today, as she was never shy during our Law & Econ programs.

I love your suggestion. In particular, because many of us are concerned that the OSI is intentionally racing to create a walled governance garden supported by statute as you allude. Openly disclaiming that there is no intention to own governance, whether “in” or out of the definition itself, would help reduce the concerns we have.

@mjbommar, I can assure you that the OSI has no intention of creating a walled governance garden supported by statute. This has never happened in our 26 years of history.

I hope that’s true, @nick , but I know that a number of prior and current directors have expressed regrets about the fact that “open source” was not a “controlled” idea in the past (with good reasons).

For example, if “open source” had been a protected trademark, the OSI could have used enforcement of the mark to police open-washing (which makes the current situation even more ironic).

To @kjetilk’s point, if that’s the case, Stefano et al. should have no issue making this an official statement that they do not intend to become a certifying/attesting body like NSF.

Thank you, @mjbommar ! I’m sure working with Lin must have been very inspiring. I think democracies need to establish new types of societal interdisciplinary institutions that develop technology with a democratic mandate rather than a commercial mandate, and where those institutions engage in polycentric governance (and indeed has to figure out what that actually implies) of Digital Commons, along with industry and civil society as well as interested individuals. That’s the path I’m trying to clear personally.

I didn’t mean to imply that OSI was about to create a walled governance garden. I think they have a legitimate authority over the OSD, and I’m certainly in favor of them bringing an OSAID to the table.

I’m just saying that saying clearly that governance is out of scope will be helpful to open up for others to work in that space, since it is needed for society to get where we all want to get.

1 Like

I believe there is already a consensus in the OSAID formulation process to consider governance out of scope. Additionally, up to version 0.0.7, the definition explicitly stated that “discussions about ethical, trustworthy, or responsible AI systems are out of scope.” Currently, those related statements have been moved to the FAQ section.

Alright, good point Sado-san! Perhaps an explicit statement in the FAQ on governance would be in order?

1 Like