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Freedom or Power?

mpawlo writes: "As reported by Gnuheter, a new essay published by Bradley M. Kuhn and Richard M. Stallman carries the title "Freedom or Power?". The authors state something that we might have suspected from essays from Kuhn and Stallman before, but now is a little more clear, if still ambiguous: "However, one so-called freedom that we do not advocate is the "freedom to choose any license you want for software you write". We reject this because it is really a form of power, not a freedom." The essay is interesting in the light of an earlier essay published by Eric S Raymond. ... Tim O'Reilly started the debate with his weblog of July 28, 2001: My definition of freedom zero." Ed. note - FWIW, Stallman and Kuhn are right. Not necessarily in their advocacy of the GPL, but certainly in their description of whether licensing is freedom for the developer or power over others. All licensing stems from copyright law, a completely man-made creation whose sole purpose is to give the writer of creative works artificial power over what others do with those works. If you take the canonical description of freedom ("Your right to swing your fist ends where my nose begins") and apply it to software, it's pretty clear that true freedom would not let one person control what another does with software.

521 comments

  1. freedom or power by Niksie3 · · Score: 0, Redundant

    all the same, freedom == knowledge == power. Power == freedom.

    I have the Freedom/Power to license a piece of code, I have the **RIGHT** to license a piece of code. some people don't understnad that, I won't say names but you know who they are **COUGH** DMCA **COUGH**, SSCA **COUGH***

    --
    Sig you!
    1. Re:freedom or power by Anonymous Coward · · Score: 0

      could you expand on where these rights come from, and who gave them to you, and why you deserve them? without that, your explanation is weak and meaningless.

    2. Re:freedom or power by Ozx · · Score: 0

      Could you tell me if I have the right to kill you, and if not why I do not... If however I do, please give me your address so I can...

    3. Re:freedom or power by DavidJA · · Score: 1

      could you expand on where these rights come from, and who gave them to you, and why you deserve them? without that, your explanation is weak and meaningless

      So what you are saying is that if I spend thousands of hours writing an awsome peice of code that I should have no rights to that code?

      That people should just be able to copy if at their own will if they want, without my permission?

      Ok what if I'm building a house, should I have no rights to that as well? Should someone just be able to come up and take it?

    4. Re:freedom or power by plastercast · · Score: 2, Insightful

      No, I believe the point that the previous poster was making is that property rights are not absolute. Setting up a straw man like that does not logically make a good point. For example, if I was to own all of the realistate, does that mean you should have no where to live. Its all about finding what is overall optimal, and I don't think that would be in a system where property "rights" are weighed over people's basic needs.

    5. Re:freedom or power by Anonymous Coward · · Score: 0

      Exactly.

    6. Re:freedom or power by yomegaman · · Score: 1

      Are you claiming that software is a "basic need"? If so, please explain how people managed to survive before computers were invented.

      --
      ...wearing a skin-tight topless leather jumpsuit, with cutaway buttocks and transparent crotch panel.
    7. Re:freedom or power by nadie · · Score: 1
      quoted from the article at gnu.org....

      'Discussions of rights and rules for software have often concentrated on the interests of programmers alone. Few people in the world program regularly, and fewer still are owners of proprietary software businesses. But the entire developed world now needs and uses software, so software developers now control the way the world lives, does business, communicates and is entertained. The ethical and political issues are not addressed by the slogan of "freedom of choice (for developers only)".'

    8. Re:freedom or power by sstory · · Score: 1

      I'm happy to see the majority of posters rejecting Stallman's nonsensical idea that real freedom is when the producers of a good are forced to offer the good only according to some committee's dictates. RMS, just rename the FSF the Wannabe Central Committee and be done with it. You have no business telling me how I can sell what i make. You can buy it, or not, but you have no right to force me to give you ANYTHING. What's next? Are you going to demand that Coca-Cola release their 'source code' (the formula)? It's Orwellian, your separation of freedom from the power it necessarily conveys. Go back to complaining that you should get to name Linux Gnu/Linux.

    9. Re:freedom or power by Anonymous Coward · · Score: 0

      I'll be sure to use that argument on why my parents should buy me a new computer.
      "But mom! I'll die without it! Even ask the morons on Slashdot! Computer software is a NECESSITY!"

    10. Re:freedom or power by Organic_Info · · Score: 1

      Could you tell me if I have the right to kill you

      Technically you can do what ever the hell you want to, including murder. What must be remebered though is that there are consequences for your actions right or wrong.

      You can do what ever you want but if that happens to fall out of the boundaries of what is acceptable to the masses - you will be pulled back in line. Laws originally defined thoughs boundaries and still do (albeit that they have become somewhat twisted in alot of cases).
      .

      --
      "Things that you own end up owning you" - Tyler Durden (via Diogenes of Sinope).
    11. Re:freedom or power by Ozx · · Score: 0

      Fuck, I bet you think you're enlightened or somehow fucking elite, otherwise your stupid ass wouldn't reply with such a mindless sort of "duh" crap...

      Perhaps you should keep in mind that rights are man-made and thus the discussion has absolutely nothing to fucking do with being capable, but rather it being acceptable. I can piss down your throat, cut off your testicles, and incinerate the whole lot to keep your retarded ass from spawning any other genetically flawed beasts, but an army of whiney ass retards just like you will bitch and moan like a complex of welfare recipients hearing of the demise of the welfare system...

      You should learn how to fucking spell, too...
      "those"
      "a lot"
      etc

  2. The freedom to swing your fist by perdida · · Score: 5, Interesting

    ends where my face begins.

    The fundamental problem with anarchism lies in this statement. Open Source's GPL itself requires a heirarchy to maintain it, although it was designed to fight a heirarchy.

    You need a body of people who act similarly to the RIAA or whomever, investigating people's GPL licenses and behaviors with Open Source software and its derivatives.

    Of course, the "GPL police" would wind up chasing large corporations or developers who wish to appropriate GPL'd tech in closed source projects. This would make them rather ineffective, due to the financial disparities between the OSS movement and corporations.

    So, OSS is going to have to do what M$ does, and that is buy into the government through a lobbying system.

    1. Re:The freedom to swing your fist by Deskpoet · · Score: 5, Insightful

      So, OSS is going to have to do what M$ does, and that is buy into the government through a lobbying system.

      One reason some anarchists revile Noam Chomsky is because he advocates such activities to achieve the ultimate goal of a hierarchal-less society: in effect, working from within the system to change it, which is inherently contradictory to the very concept of autonomous free zones, etc. (I don't follow this line of thinking myself, but the idea is out there.)

      Your characterization of anarchism is unfounded; it is not about defining freedoms, it is about the expectation that human beings are not children to be sheparded through their lives by external conventions or traditional modes of living, thinking and feeling. Anarchism, as a mode of thought, simply expects people to be grown-ups. Most people who have anything to say about the subject--which is to say, most people who are not in any shape or form an anarchist--fail to notice this component of it in their mad rush to disavow any possibility that human beings can live this way.

      If you're really seeking to understand "anarchy" from a workable economic perspective, go to parecon.org for more information.

      --
      "The more corrupt the state, the more numerous the laws."--Tacitus, The Histories
    2. Re:The freedom to swing your fist by Petrol · · Score: 2, Insightful

      Freedom and private property go hand in hand. They are mutually inclusive concepts and cannot exist without each other. This is one reason communism cannot work.., there can be no true practical freedon if we do not have the right to claim things as our own and that includes, as others have already written, the right to express control over our creations.

      The choice to give it away, or destroy it is the decision of the creator of that work.

      --
      ...and that's the end of our show. Donk!
    3. Re:The freedom to swing your fist by CleanTroath · · Score: 2, Offtopic

      Open Source's GPL itself requires a hierarchy to maintain it, although it was designed to fight a hierarchy.

      In the immortal words of Eric Arthur Blair (better know as George Orwell):

      "Throughout recorded time, and probably since the end of the Neolithic Age, there have been three kinds of people in the world, the High, the Middle, and the Low. They have been subdivided in many ways, they have borne countless different names, and their relative numbers, as well as their attitude towards one another, have varied from age to age; but the essential structure of society has never altered. Even after enormous upheavals and seemingly irrevocable changes, the same pattern has always reasserted itself, just as a gyroscope will always return to equilibrium, however far it is pushed one way or the other."

      If you want to change the hierarchy, change the human being.

    4. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0
      Anarchism, as a mode of thought, simply expects people to be grown-ups.
      Why issue a rebuttal to anarchy when a picture will do.
    5. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      Effectively, only released proprietary software can violate the GPL. One would have no reason to raid a business or a home looking for GPL violations. I don't see how looking into released software would involve acting like the RIAA or the BSA.

      This would make them rather ineffective, due to the financial disparities between the OSS movement and corporations.

      So, why has no large corporation ever gotten away with violating the GPL?

    6. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      It's interesting that anarchists want to convince other people that they can be grownups by planting bombs in office buildings, or throwing rocks at people... or otherwise just plain inciting violence.

      It's so hypocritical it isn't funny.

      You expect the world to act like grownups? Then stock acting like fucking children.

    7. Re:The freedom to swing your fist by ninewands · · Score: 1

      Ahem ... yes ... interesting point.

      As I recall, one of the celebrated victories of the FSF was when they took on Steve Jobs for expropriating a major portion of the gcc code tree to build Objective C for the Next Cube.

      Ask Steve about the financial disparity between Stahlman and the corps.

    8. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      And if a capitalist plants a bomb or throws rocks is it capitalisms fault ?

      Read about anarchists before deriding them.

    9. Re:The freedom to swing your fist by Dr.+Awktagon · · Score: 1

      The fundamental problem with anarchism lies in this statement. Open Source's GPL itself requires a heirarchy to maintain it, although it was designed to fight a heirarchy.

      Keep in mind, if their was no copyright law for software, there probably wouldn't be a need for a GPL in the first place.

      And the GPL came before Open Source so you can't really say Open Source's GPL.

    10. Re:The freedom to swing your fist by fusiongyro · · Score: 1

      Let me also suggest flag.blackened.net for a more thorough introduction to the philosophy.

      Daniel

    11. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      a) What the fuck is "OSS"? We're talking about Fee Software.
      b) Free Software already has an organistion to look after chasing
      licensing violators, etc; it's called the FSF. c) Who the fuck is
      "we"? Do I detect trendy lefty bandwagon-jumping?

    12. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      Capitalism is a form of economics.

      Anarchism is a form of government.

      But even so I don't see Capitalists going around saying "Nobody should control anything, and everybody should act like grownups." So how can they be hypocritical?

      The more one reads about anarchists, the more one wants to puke.

    13. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      Capitalism's underlying philosophy is that everyone will act in their own enlightened self-interest. That's as stupid as anarchists philosophy that everyone will act like grown-ups.

      If men were angels...

      I don't really have a philosophy, but if I did I think it's underlying assumption would be that most people are apathetic, moronic, gullible sheep.

    14. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      So I read some ... of that balony ... you will produce a society of non-competents -- all others will leave if they can. Or do your " social justice police" stop them ... eh?

    15. Re:The freedom to swing your fist by janimal · · Score: 2, Insightful

      What you are describing is what communist militia did after it got power in Russia and any other states.

      Communism (what this essay is really about) is beautiful, but it cannot be legislated, because that DOES limit the freedom of the developer.
      Free Software is gaining momentum right now.. I think it will reach a nice balance some day - and I say, let the best man win. Microsoft is a monopoly, but they will not be one forever.. they would be the first such case if it did happen. They cannot protect their monopoly against Free Software, because it's the perfect weapon. Have patience. The Free Software lobby must only fight for its right to exist. Lobbying for the destruction of copyright law can only work to their detriment, and is not a good solution in the first place.

      janimal

    16. Re:The freedom to swing your fist by sydb · · Score: 2

      Anarchism, as a mode of thought, simply expects people to be grown-ups.

      I would contend that it also encourages people to be grown-ups.

      The problem is that grown-ups have a tendency to organise things - to create hierarchies. My fear is that anarchism would lead inevitably to government.

      Alternatively you could consider that we already live in an anarchy.

      --
      Yours Sincerely, Michael.
    17. Re:The freedom to swing your fist by sydb · · Score: 2

      Keep in mind, if their was no copyright law for software, there probably wouldn't be a need for a GPL in the first place.

      So they say. However, perhaps it would just make software companies hold onto their source code even more tightly, implement serious copy prevention mechanisms (firmware?), hike support costs, etc....

      What we need is a ban on the compiler...

      --
      Yours Sincerely, Michael.
    18. Re:The freedom to swing your fist by Sabriel · · Score: 2, Interesting
      Yep, you can "give it away, or destroy it", but it only gets interesting when you say "here it is, but you can't give it to anyone else".

      Once you've given it away once, the only way you can ultimately stop the recipient from likewise giving it away is to use your fists. Oops.

      Copyright is not the same thing as private property. If it was, I'd need your permission to build my own house on my own land with my own materials just because it was the same design as yours.

    19. Re:The freedom to swing your fist by blkros · · Score: 1

      Alternatively you could consider that we already live in an anarchy.
      That is so far from real life that one has to think that you're trolling. With the introduction of the Office of Homeland Security in Sept we took the next step in the opposite direction.
      Grown-ups create heirarchies because they were taught to as children--from preschool on up. Getting to anarchism is going to take a fundamental change in the way people think, because it has been so instilled into us that our rights come from the gov't, rather than the other way around, which is what the founding fathers of the USA had in mind when they wrote the bill of rights.
      The Constitution of the US is/was an experiment, and it is a nice try, but it never went far enough.
      I think a good book/essay to start with if you are interested in this is Lysander Spooner's "No Treason: The Constitution of no authority". This is a book by an individualist anarchist, most of the stuff that you see on the web today is by the collectivist anarchists and are only one side of the picture.
      For those who think that throwing rocks is a terrible thing, don't forget that the police are doing more than throwing rocks, and most anarchists really do oppose using violence. That includes bombing, because violence is using force against others, which is a fundamental no-no for anarchists (some of us will defend ourselves though).
      To get back on topic though, basically Stallman etal seem to want everyone to use the GPL (which I think is a great idea), but the problem is that they don't think that programmers should have a choice in whether or not they use the GPL, which means that they are trying to use power against other people, which they, supposedly, are against.
      Sounds hypocritical to me.

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    20. Re:The freedom to swing your fist by Rogerborg · · Score: 2
      • OSS is going to have to do what M$ does, and that is buy into the government through a lobbying system

      GNU has already started aping Microsoft and the governments' leads in a few areas. This essay reads like a spin doctor statement. It wields the word "freedom" like a weapon, until it's sucked all meaning from it.

      It follows the same reasoning Dubya has been using: Look, clearly the Taliban are the Bad Guys. We are opposed to them. That has to make us the Good Guys. There is no third option; remember your Saturday Serials. As the Good Guys, you don't get to question any of our actions or motives in any area or in any context.

      Kuhn and Stallman slip into that kind of rhetoric here. Microsoft are Bad. We're not Microsoft. So we must be Good, so don't question our assertion that the GPL is the only way to achieve freedom. Don't, whatever you do, ask us to define what we mean by freedom, and who we are applying it to, in one short sentence.

      I really respect Stallman's work, but I feel like he's losing the plot and becoming obsessed with pushing an unncessarily muddy meaded and nebulous philosophy. I'd far prefer him just to be honest and pragmatic about the GPL, and say it plain and clear: it's my way or the highway.

      --
      If you were blocking sigs, you wouldn't have to read this.
    21. Re:The freedom to swing your fist by Anonymous Coward · · Score: 1, Insightful

      Anarchy has hippocracy at its core. It wants total "freedom", and you must agree. It would seem as though any form of government fits as a subset of anarchy, how can you deny the freedom to create a system without being non-anarchistic (that isnt even a word is it)? Freedom to control is still a freedom.

    22. Re:The freedom to swing your fist by sydb · · Score: 2

      I'm not trolling, you just misunderstand me.

      I don't live in the US; I'm not talking about the US constitution and I'm not talking about the activities of your Office of Homeland Security.

      Grown-ups create hierarchies because they are an evolutionary response to threats to survival. Look at animals in the wild. Look at apes, look at ants. They all have hierarchies. We just take it to an extreme.

      You are right, getting to (stable) anarchism would take a fundamental change in the way people think. So fundamental I don't think it's possible.

      In an anarchy, are you going to somehow prevent people making their own hierarchies and agreements? Start small if you like, let's say a group of people in business make agreements not to sell on each others patch. They will do this because it makes sense. If someone contravenes this agreement there will have to be some kind of remedy.

      Think a little bigger and suddenly - Oh look, government.

      Which is my point. We already live in an anarchy, albeit a self-organised one. In the anarchy that you would like to see, everyone is nice and agrees not to 'use force against anyone else' (your so-called fundamental no-no for anarchists). This isn't going to happen unless you give everyone a frontal lobotomy (which contravenes your non-violence rule).

      To get back to the topic, Stallman et al want everyone to use the GPL because it circumvents an artificial protection provided by copyright. This is not 'using power against other people', it's more like a martial art, using your opponents force against them. To do that, your opponent has to make an attack. Therefore it's self-defence.

      --
      Yours Sincerely, Michael.
    23. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      What have `planting bombs in office buildings, or throwing rocks at people` got to do with Anarchism? It pays to know what you are talking about, unless you want to look like a fool.

    24. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      "true freedom would mean I can't be thrown in jail for murdering a bus full of kids. "

      Hmm, won't that be consider POWER! instead of freedom. You got power over those kids.

    25. Re:The freedom to swing your fist by blkros · · Score: 1

      "We live in an anarchy" sounds like 'Freedom is Slavery'. We don't live in an anarchy because anarchy means absence of government.
      Free people who make free contracts don't need a gov't to enforce that contract, that's what arbitrators, agreed upon by both parties are for.
      Hierarchies are not 'an evolutionary response to threats to survival' and humans are not apes or ants.
      I don't need a frontal lobotomy (or a bottle in fronta me) to stop me from initiating force against other people. I also don't need a gov't to take care of any fool who initiates force against me--I can take care of fools myself.
      I can't cover every point in depth (books have been written), but anarchy as a philosophy, and a way of life, is not as simple, or simplistic, as most people think it is.
      I do agree with you about copyright, but many people don't, and to force them to, basically, give up their right to something that they made is wrong, whether it's the RIAA, MPAA, or GPL. I'm not saying that Stallman etal are doing this, I'm just saying that it would be wrong if they did.

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    26. Re:The freedom to swing your fist by Robert+Hutchinson · · Score: 1
      The fundamental problem with anarchism lies in this statement. Open Source's GPL itself requires a heirarchy to maintain it, although it was designed to fight a heirarchy.
      Some would say the fundamental problem lies in the definition of anarchism being used ...

      Robert Hutchinson

      --
      Robert Hutchinson
      Smash it. Smash it good.
    27. Re:The freedom to swing your fist by sydb · · Score: 2

      Free people who make free contracts don't need a gov't to enforce that contract, that's what arbitrators, agreed upon by both parties are for.

      But listen to yourself; you are describing a primitive form of government!

      Hierarchies are not 'an evolutionary response to threats to survival' and humans are not apes or ants.

      If not an evolutionary response then what? Do you think hierarchies are something other than the result of evolution in other animals? Granted, humans are in a league of their own when it comes to technology and language, but to believe that social structures (leaders, group behaviour) which have existed since before recorded history are somehow creations of human free will is, quite frankly, naive.

      I don't need a frontal lobotomy (or a bottle in fronta me) to stop me from initiating force against other people. I also don't need a gov't to take care of any fool who initiates force against me--I can take care of fools myself.

      Maybe you don't need a lobotomy to fit into your utopian scheme but what about everybody else on the planet you doesn't want to go along with you?

      I can't cover every point in depth (books have been written), but anarchy as a philosophy, and a way of life, is not as simple, or simplistic, as most people think it is.

      Oh, sorry, some clever person who knows how to dress up nonsense in impenetrable swathes of dense text said it in book. Ah. Must be right then,

      Look, I desire freedom as much as the next man. I once broke down in tears when I was ten years old because I couldn't cope with some 'government' taking away my 'rights' with all their rules. But the fact is, government is simply people organising themselves, so they can do bigger projects more efficiently. Yes, it gets out of hand. Yes, it infringes upon individual liberty. But the answer is not 'no government' because it's always going to form spontaneously.

      If everyone was an automaton, they could all be programmed to behave nicely in your government-free setup. But they are not. Some are greedy. Some are just plain sick, or evil. Some are opportunists who like to take advantage. Mankind is not highly evolved enough to do without some form of central control.

      --
      Yours Sincerely, Michael.
    28. Re:The freedom to swing your fist by blkros · · Score: 1
      Free people who make free contracts don't need a gov't to enforce that contract, that's what arbitrators, agreed upon by both parties are for.
      But listen to yourself; you are describing a primitive form of government!

      No, I'm describing free contracts between free people, arbitrated by free people.
      Oh, sorry, some clever person who knows how to dress up nonsense in impenetrable swathes of dense text said it in book. Ah. Must be right then,
      I don't say that everything in every book is right, maybe you've heard of critical reading?
      I never said that anarchy is utopia, there is no such thing ( the word itself means no place), I'm saying that anarchy is better than gov't.

      Maybe you don't need a lobotomy to fit into your utopian scheme but what about everybody else on the planet you doesn't want to go along with you?
      If everyone was an automaton, they could all be programmed to behave nicely in your government-free setup. But they are not. Some are greedy. Some are just plain sick, or evil. Some are opportunists who like to take advantage. Mankind is not highly evolved enough to do without some form of central control.
      'An anarchist is someone who doesn't need a cop to tell him what's right.' Most people can fit into that category. You seem to think that the world is an awful, awful place, with everyone against everyone else. That's too bad, because most people could live their lives without hurting anyone else if left to their own devices, without gov't interference. People can and do cooperate every single day. Kropotkin believed that governments usurp people's power to cooperate, by making them think that the gov't is the pervayor of morals, instead of the people themselves, it lets people delegate personal responsibility to a "higher power". Anarchy is about taking responsibility for yourself. An automaton wouldn't do well in an anarchy, anarchy isn't about programming, it's about deprogramming. Anarchy is about freedom, government is about coercion. You don't seem to get that.
      Nothing that I say will get to you, I'm sure, because you don't understand what freedom really is. Freedom isn't about safety, freedom isn't about security, freedom isn't having everything you need or want. Freedom is being able live your own life on your own terms, without being coerced by anyone else.
      That includes anyone who would make the GPL mandatory. Which I think brings us to the start of this thread, and which is where I'll end this post.

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    29. Re:The freedom to swing your fist by sydb · · Score: 2

      Grow. Up.

      --
      Yours Sincerely, Michael.
    30. Re:The freedom to swing your fist by blkros · · Score: 1
      Grow. Up.
      Bite me.
      That piece of shit response got moderated to a fucking 2. Give me a break.

      I forgot myself and tried to talk reasonably to a sheep.

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    31. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      Well put, Deskpoet! The traditional view that Anarchy == Nihilism is an unfortunate product of a society bound by invisible chains.

      - subverting the dominant paradigm since 1974 -

    32. Re:The freedom to swing your fist by Anonymous Coward · · Score: 0

      Possibly you have been trolled. I can't believe that "sydb" was arguing seriously. If he is then he probably has had a pre-frontal.

    33. Re:The freedom to swing your fist by sydb · · Score: 2

      No, I have a karma of 50+ so I post at +2.

      You really should read and think before you reply. I assume you are a teenager.

      --
      Yours Sincerely, Michael.
    34. Re:The freedom to swing your fist by blkros · · Score: 1

      Assumptions make an ASS out of U and ME. I'm probably older than you. An I always think before I post. I don't care for people who take cheap shots, or who use their Karma to do so.

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    35. Re:The freedom to swing your fist by sydb · · Score: 2

      Really. So, how old are you? If you really are older then me, why is your mental age half my physical age?

      --
      Yours Sincerely, Michael.
    36. Re:The freedom to swing your fist by blkros · · Score: 1
      I wasn't the fucking asshole who degenerated this into a snit match--you were. If you can't debate without resorting to telling someone to grow up then maybe you ought to keep quiet. You obviously think that anyone who disagrees with you isn't as smart, or, as old as you. For the record: I'm 42, I graduated from university with a 3.8 grade average, and I have an IQ of 140. I'm also self employed, have three kids, and own my own house. Anything else you need to know?

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    37. Re:The freedom to swing your fist by sydb · · Score: 2

      OK, you really are older than me. I never graduated from university and I've never measured my IQ, but I can tell you I am 28 with no children and I work in IT, funnily enough. My girlfriend owns the apartment where I live.

      I don't think that anyone who disagrees with me is not smart. I tried to have a debate with you and I just got a verbose 'I disagree' as a response - I was hoping for reasoned discussion.

      Now we've ascertained your credentials as someone with the potential for adult debate, perhaps you'd like to respond to my original criticisms of anarchist thought:

      What do you do with those who don't want to play along?

      How do you prevent individual agreements becoming group agreements becoming government?

      What evidence is there that government is anything other than an evolutionary response to threats to survival?

      While I agree that many people, especially anarchists, are capable of adult behaviour, the evidence of my eyes shows that it is not the majority. I don't think that the world is an 'awful, awful place', I am just aware that there are many people who see greed as the principal moral imperative, and I would not like to share a world of mob rule with them.

      I take Kropotkin's point that governments usurp the people's power to co-operate. However, if people are fit for the responsiblity of moral judgement anarchists would propose, why are they incapable of seeing past government as the 'purveyor of morals'? I stand by my point: Mankind is not highly evolved enough to do without some form of central control.

      --
      Yours Sincerely, Michael.
    38. Re:The freedom to swing your fist by blkros · · Score: 1

      All very good questions, and, you know what, these are the very same questions that anarchists ask themselves and other anarchists. In The Dispossed by Ursula Leguin the anarchists moved to a different planet. Maybe to get to a really free, anarchistic society, we'll have to do something like that. I don't believe that though. You have to take as a starting point that human nature is not inherently evil, which goes against most religious and other teachings, and build from there.
      Education of the real meaning of freedom, which has been twisted by every power hungry fool since, probably, Mesopotamia, is essential. There is always going to be someone trying to take power, and make people do what they want, but in a truly free society the people will know that it is wrong, and that person will have few, if any followers.
      I agree with you that we may not be evolutionarily ready for anarchy, but if we can keep stumbling (and if you think we are doing more than stumbling, well...)in that direction, we'll get to it eventually.
      I've seen a lot of shit in my lifetime, and most of that was caused by power hungry assholes (gov'ts, etc.) trying to twist things their own way, and that's why I believe in anarchy. That's why I look at anyone who tries to force me to do something, tries to tell me that I can't do what I want with my labor, as an enemy.
      I think we both got a little hot under the collar here, passion will do that. I think that you're very passionate about free software, as is Richard Stallman, as am I. I think that we have different views on how to achieve the same goal, and I think sharing these views keeps us all honest. I embrace anarchy and you embrace free software, the world isn't quite ready yet for either one of these, yet, but if we keep educating people, and living the ideals that we embrace, we'll get there eventually.
      There are no pat answers to your questions, I can't sit here in the state of Maine in the US and say that if this happens then we'll do this. For one thing I'm sure that there won't be just one type of anarchist society, since even now there are so many different flavors of anarchy.
      For another I'm tired, and I'm sick, and I need a nap. (Getting old ya know.)
      As far as evolution and response to threats of survival, I don't know if there's evidence in either direction, but anthro isn't my forte, and I'd have to study it more to give you any kind of cogent answer.
      Take care of yourself and don't let the teens get you down.

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    39. Re:The freedom to swing your fist by sydb · · Score: 2

      Hmmm, yes I guess we don't disagree too much really :-)

      Sorry I got a bit unreasonable earlier; I was actually too drunk to respond properly when I wrote the Grow Up comment...
      Best wishes.

      --
      Yours Sincerely, Michael.
  3. By your silly definition, Mr. Editor, by mindstrm · · Score: 3, Interesting

    true freedom would mean I can't be thrown in jail for murdering a bus full of kids.

    Not able to license however I want? Get real.

    Look. I'll be the first to advocate the use of free/oss software. Stuff that the community can use and build upon. In fact, in more than just software, I'm in favor of nothing really stopping people from doing things for the common good.

    However. If I write software, with my time, and my effort, then nobody is going to tell ME under what terms I may let someone else use it. Period.

    I'm not a fan of over-broad IP law, but I'm also not an advocate of ditching it altogether.

    I'm not totally opposed to communism.. but that's basically what Stallman wants. Communist hippie software (literally). Great. Good for him. Communies can be fantastic in the right circumstances, with the right group of people.

    But the majority of the world is based upon power. Supply and demand, money, greed, etc.

    1. Re:By your silly definition, Mr. Editor, by ergo98 · · Score: 2, Insightful

      true freedom would mean I can't be thrown in jail for murdering a bus full of kids

      Kudos on a very insightful and reasonable post. The laws that stop people from committing crimes are totally artificial entities: I can't drive through stop lights because the law says I can't, regardless of the fact that I can slam the accelerator and technically I can drive through a stop light. I can't freely go into a tower and shoot at people not because it's hard to get a rifle into a tower, nor because the rifle magically stops working in said tower, but because the law doesn't look favourably on it, and society has mechanisms that prevent. Copyright laws are no less "real" than any of countless laws that allow society to function.

    2. Re:By your silly definition, Mr. Editor, by Anonymous Coward · · Score: 5, Funny

      I can't be thrown in jail for murdering a bus full of kids.

      It depends on how you murder the bus. If you put the bus inside a compactor then yes, the kids will die and you should go to jail. If you just climb on the bus, hit the floor with your fists a dozen times, and proclaim "the bus is dead now", you will hardly be thrown in jail for making the kids laugh.

    3. Re:By your silly definition, Mr. Editor, by Billly+Gates · · Score: 5, Insightful
      "However. If I write software, with my time, and my effort, then nobody is going to tell ME under what terms I may let someone else use it. Period.". Agreed. I view freedom = power. Not freedom vs power. I think what Stallman really means is who has the power? You as teh developer or the user. Most companies like Microsoft and IBM want to have power over the their software. But this comes at an expense to the user. For example I had to buy XP because of my job. I already activated it twice and I am afriad to install anything. If it screws up my system then I have to activate my pc for the last time before forking another 300 BUCKS! I know most of you are laughing at me right now but as a user this is not funny and it is, well kind of my computer so why can't I install more then 3 times?



      This is what RMS means by freedom. I never have to worry about this under linux. Of course many opensource programers also make proprietary software for work which pays the bills. I think there should be some limits as to whats exceptable in an EULA for example. However as a user I have to make a choice between how much power do I want. Gnu ( power for me) or MS-EULA ( all strict power for ms), or somewhere in between with most software products. I am a poor part time college student so I choose GNU.

    4. Re:By your silly definition, Mr. Editor, by blakestah · · Score: 5, Insightful

      However. If I write software, with my time, and my effort, then nobody is going to tell ME under what terms I may let someone else use it. Period.

      But copyright law already does that. If you let anyone use your software, they CAN make archival backups. They CAN transfer the copyright and all archival materials to someone else. They CAN implement ANY idea embodied by the work and use it as their own intellectual property. The only thing you have control over is the specific expression you use.

      Whereas I agree that posturing over whether one thing or another is freedom or power is semantic and will NOT lead to a logical conclusion to the argument, I am almost completely unconvinced that copyright law as it currently applies to software is appropriate. It can be redefined however the government sees fit - its purpose, after all, is to encourage people to create works for limited time protection, so that public domain eventually becomes quite rich in intellectual property.

      Currently many people are finding it less costly in the long run to create new operating systems instead of using those commercially available. That alone tells you we have had a near complete failure of the laws on software IP. It is long past due for a change.

    5. Re:By your silly definition, Mr. Editor, by Syberghost · · Score: 2, Insightful

      I think what Stallman really means is who has the power? You as teh developer or the user.

      In other words, the guy who did the work, or somebody else with whom he chose to share?

      Stallman's logic is that the world would be better if we didn't get paid for our work. Like all Communists, he thinks the economy is a zero sum game, in which the current level of wealth could be distributed equally to all and all would be comfortable.

      It doesn't occur to him that if it weren't for proprietary licenses, computing would still be in the "Altair box I built in my basement" level for the masses, I.E., the masses ain't got it.

      His kind of freedom is just another word for nothing left to lose; nothing of any value, anyway.

      The PC hardware which is his primary platform, and which allowed the growth of the low-cost market that is the primary user of his software, wouldn't even exist if it wasn't for Microsoft. They suck, and I don't chose to use their software, but nevertheless I wouldn't have this Linux laptop on which I type this if IBM hadn't had a market to sell it to in sufficent quantity to justify making it and charging a price I could afford, and THAT market chooses Windows every day.

      Fortunately the people of the US aren't nuts enough to elect legislators that would enact Stallman's ridiculous agenda. The intelligent stance in computing is to use the right tool for the job, whether that's a processor, a compiler, and OS, or a license.

      Communist raisin, I rebuke thee.

    6. Re:By your silly definition, Mr. Editor, by Anonymous Coward · · Score: 0

      There is no limit on the number of times you can install XP.
      There is no limit on the number of times an XP install can be re-activated.
      You will not ever need to pay for XP again.

      You should not believe what you read in Slashdot stories.

    7. Re:By your silly definition, Mr. Editor, by DavidJA · · Score: 1

      . For example I had to buy XP because of my job. I already activated it twice and I am afriad to install anything. If it screws up my system then I have to activate my pc for the last time before forking another 300 BUCKS

      Are you serious? from installing software will NOT affect your activation code.

      If you overhaul your computer by replacing a substantial number of hardware components, it may appear to be a different PC. You may have to reactivate Windows XP. If this should occur, you can call the telephone number displayed on the activation screen to reactivate the software.

    8. Re:By your silly definition, Mr. Editor, by TheRealSlimShady · · Score: 1
      But copyright law already does that. If you let anyone use your software, they CAN make archival backups. They CAN transfer the copyright and all archival materials to someone else. They CAN implement ANY idea embodied by the work and use it as their own intellectual property. The only thing you have control over is the specific expression you use.

      Except they don't have the right to redistribute the software, something that the GPL strictly enforces. If you want to choose a license that allows viewing the source but not to redistribute source or binaries, you should be free to choose that. It is precisely the redistribution clauses that means you can't make money by selling GPL software, nothing else.

    9. Re:By your silly definition, Mr. Editor, by Anonymous Coward · · Score: 0

      Why "should" you be able to choose that?

      You are asking for the ability to choose what someone else is allowed to do. You want the "power" to tell someone else "You can see this, but you can't use what you see"

      You are asking for the ability to lay down terms for what someone else can do, and then to have the government enforce it.

      Sure you should be "free to choose" whatever you like. What is being questioned is whether the government should be enforcing your choices on others.

      -Steve

    10. Re:By your silly definition, Mr. Editor, by goatman.cx · · Score: 1

      I think one should make intelligent choices on their own behalf, like reading a software license before they BUY THE BLOODY PRODUCT!

      --


      ---------
      Fuck you, motherfucker. Fuck yous to: Rob "Taco-Snotter" Malda, Homos, Kowboi Kneel, and RMS.
    11. Re:By your silly definition, Mr. Editor, by Alien54 · · Score: 2
      "However. If I write software, with my time, and my effort, then nobody is going to tell ME under what terms I may let someone else use it. Period.". --- Agreed. I view freedom = power. Not freedom vs power.

      Unfortunately, there is the question of what happens when your work finally gets into the hands of someone else. This gets into things like "Artists' rights" where an artist has some rights protect their works even when sold to another (protecting things like statues, etc)

      --
      "It is a greater offense to steal men's labor, than their clothes"
    12. Re:By your silly definition, Mr. Editor, by Anonymous Coward · · Score: 0

      You, Sir, made me choke on my milky chocolate drink, and deserve a spanking!

    13. Re:By your silly definition, Mr. Editor, by Eccles · · Score: 2

      true freedom would mean I can't be thrown in jail for murdering a bus full of kids.

      BS, because that would mean you're restricting *my* freedom to throw you into jail. So it isn't true freedom.

      We live in a world of absolute freedom. What we've chosen to do with that freedom is to set up systems of laws, to jail people who do things we don't like, etc. You're "free" to murder the busload of kids, and I'm "free" to introduce you to Ol' Sparky for doing so. Perhaps you should consider a more meaningful definition of freedom?

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    14. Re:By your silly definition, Mr. Editor, by nathanh · · Score: 2
      true freedom would mean I can't be thrown in jail for murdering a bus full of kids.

      Perhaps you missed the bit in the essay where they say...

      Freedom is being able to make decisions that affect mainly you. Power is being able to make decisions that affect others more than you. If we confuse power with freedom, we will fail to uphold real freedom.

      It seems you have confused power with freedom.

    15. Re:By your silly definition, Mr. Editor, by Mr.+Slippery · · Score: 2
      However. If I write software, with my time, and my effort, then nobody is going to tell ME under what terms I may let someone else use it.

      You can choose whether or not to give someone a copy of the software, true - they can't use force to pry a copy out of your fingers. (That's why and how you can sell free software.) But you need government force (or some kind of force) if you want to control what they do with it once you give them a copy.

      You have a natural freedom not to give me a copy of a program, poem, song, or whatever you created. You do not have a natural right to control what I do with it afterwards.

      I'm not totally opposed to communism.. but that's basically what Stallman wants.

      No, it's not, and you would be well served to go read some Marx before you make such ignorant statements.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    16. Re:By your silly definition, Mr. Editor, by TheRealSlimShady · · Score: 2, Insightful
      Why "should" you be able to choose that?

      Because I want to see a return for my labour. Letting someone give away my product (that's what it is - I produce it) gains me nothing, when I need to see a return for my time. Sure, you can argue that software is overpriced, and marginal costs are low etc etc, but I still need to see a return. I simply can't do that if everyone is free to distribute my work. If you choose to distribute your work for free, that's fine, but I want to distribute mine for money.

      You are asking for the ability to choose what someone else is allowed to do. You want the "power" to tell someone else "You can see this, but you can't use what you see" Damn right I do. Our societies choose these things all the time. I can't smoke drugs legally in this country, that's a decision society has made, choosing what I'm allowed to do.

    17. Re:By your silly definition, Mr. Editor, by Anonymous Coward · · Score: 0

      The PC hardware which is his primary platform, and which allowed the growth of the low-cost market that is the primary user of his software, wouldn't even exist if it wasn't for Microsoft. They suck, and I don't chose to use their software, but nevertheless I wouldn't have this Linux laptop on which I type this if IBM hadn't had a market to sell it to in sufficent quantity to justify making it and charging a price I could afford, and THAT market chooses Windows every day.


      Good Lord!

      Fresh out of MS camp are we little boy?

    18. Re:By your silly definition, Mr. Editor, by yomegaman · · Score: 1

      Not everyone accepts Stallman's arbitrary redefinitions of common words.

      --
      ...wearing a skin-tight topless leather jumpsuit, with cutaway buttocks and transparent crotch panel.
    19. Re:By your silly definition, Mr. Editor, by Anonymous Coward · · Score: 0

      "Because I want to see a return for my labour."

      This is not the purpose of copyright law in the US, and it is not how it is treated by the courts. If you spent 10 years mapping the Rockies, someone can work from your map and make a new map, without going anywhere near the Rockies, and there's nothing you can do about it. So, you don't get rewarded for your labor.

    20. Re:By your silly definition, Mr. Editor, by Billly+Gates · · Score: 1

      "This gets into things like "Artists' rights" where an artist has some rights protect their works even when sold to another (protecting things like statues, etc)



      This is exactly why the GNU license was formed. You can give away some code which you do not plan to sell and yet not be plagiarized or be miscredited for your work. It was also to prevent code forking and standards being extended and changed. The UNIX world was a mess in the 80's before make files became standard. Gnu licensed software gives users power but at the same time gives the developer limited power like recognition for his or her work. I have the freedom to put any license I chose for my work. RMS does not like this but its my right. Its just that for some people like those in academia, the GNU license is perfect and fits there needs. DRM, compulsive EULA's is the other extreme which I am against but its in the artist or corporation's right.

    21. Re:By your silly definition, Mr. Editor, by ninewands · · Score: 1

      Well, if you're going to participate in the debate, you have to attack the points made under the definition given for those terms, or you have to attack the definitions themself.

      RMS's logic can be attacked within the framework of defined terms that he, himself, has espoused. Any experienced debater will tell you that this is absolutely THE most effective attack.

    22. Re:By your silly definition, Mr. Editor, by Score+Whore · · Score: 1
      You do not have a natural right to control what I do with it afterwards.


      Who says? You don't think following you around with a gun pointed at your head is a "natural right"? Is there a law of physics or nature that would prevent me from doing that?
    23. Re:By your silly definition, Mr. Editor, by Anonymous Coward · · Score: 0

      The guy is spot on. Good grief, I don't know what hole you just crawled out of, but supply & demand is the basic econimic principle of Capatlism. In the early days Lotus 1-2-3 created the demand, and IBM & Microsoft supplied. In the late 80's Microsoft were creating the demand among consumers and Microsoft & the clone makers were supplying. Thats a fact, and you can't change history.

      Yeesh, go sign up for Economics 101 or something.

    24. Re:By your silly definition, Mr. Editor, by Grab · · Score: 2

      I don't agree that you can dictate _all_ licensing terms. For example, "no resale" or "cannot be transferred to another machine" is just plain wrong.

      But how to release it, that's absolutely up to the creator. If I release compiled code and someone wants to go through the trouble of reverse-engineering it, then they're free to try. But there's no reason for me to be forced to give out source code as well. I am currently working on something for which I have had to sign an NDA, so I am legally compelled to keep the source closed. If RMS becomes World President and chooses to make NDAs illegal then I may reconsider; until then, this will stay closed.

      Don't you reckon it's all too obvious that RMS has never worked in a commercial environment? Sure, he's a fine programmer, but he's been in academia too long and got institutionalised. He's obviously lacking any experience of the outside world, I'm afraid.

      Grab.

    25. Re:By your silly definition, Mr. Editor, by Renegade+Lisp · · Score: 1
      However. If I write software, with my time, and my effort, then nobody is going to tell ME under what terms I may let someone else use it. Period.

      As long as you write software only for yourself, I think this is utterly clear. Nobody can tell you what you have to do with the bits you created on your hard drive.

      But, as soon as you decide to make your software public, I think it is the natural right of the public -- the society -- to stipulate certain conditions.

      If you decide to build a car -- with your time, your effort -- this is perfectly fine as long as you stay in your own backyard. As soon as you start driving on public roads, or sell "copies" of your homegrown car to your friends, you have to comply with the society's safety regulations.

      Without such regulations, a system of public roads, and individual traffic, wouldn't work.

    26. Re:By your silly definition, Mr. Editor, by JonnyCalcutta · · Score: 1
      However. If I write software, with my time, and my effort, then nobody is going to tell ME under what terms I may let someone else use it. Period.

      This is a pretty selfish attitude and actually opposite to the original values of copyright law. Copyright assumes that art (for want of a better term), once released to the public, becomes the property of society as a whole and not the creator. The creatior is awarded a very limited monopoly as a reward for adding to the collective culture.
      Its only corporate influence that has pushed it the other way

    27. Re:By your silly definition, Mr. Editor, by Anonymous Coward · · Score: 0
      If I write software, with my time, and my effort, then nobody is going to tell ME under what terms I may let someone else use it. Period.

      You are stuck in the rhetoric of the publishing and recording industries, I'm afraid.

      As other posters have pointed out, you do not have any natural right to your work after you have released it to the public. As long as you keep it to yourself, you have complete control. But once you let another person have a copy, all natural right to that work is gone. He has the freedom to do with it whatever he likes, you do not have the freedom to tell him what he can and cannot do.

      Our law, however, permits you to have limited time copyright to control its use (in practice, it is unlimited, but technically it is limited). The only reason copyright exists is to provide incentive for further creation.

      As Tom Bell of the Cato Institute so succinctly put it in a 1998 speech: Statutory protections of intellectual property do not protect natural rights; they encroach on them. Stallman's ideas are not associated with communism (the Cato Institute is about as right wing as you can get). It is about freedom of information, no matter who created that information. No communist regime that ever existed promoted such an ideal.

      The authors of copyright in the constitution, Thomas Jefferson and James Madison, would have shuddered at the term "intellectual property." They were very specific in saying that ideas and information cannot be property. You cannot claim a natural right to it. That includes books, research, computer code, music, movies, etc.

      In Jefferson's words: If nature has made one thing less susceptible than all other of exclusive property, it is the action of the thinking power called an idea.

    28. Re:By your silly definition, Mr. Editor, by j7953 · · Score: 2
      true freedom would mean I can't be thrown in jail for murdering a bus full of kids.

      To quote Thomas Jefferson: "Rightful liberty is unobstructed action, according to our will, within limits drawn around us by the equal rights of others." Where in your scenario do you not restrict the equal rights of the kids? You are confusing absolute liberty with rightful liberty.

      However. If I write software, with my time, and my effort, then nobody is going to tell ME under what terms I may let someone else use it.

      If you don't want someone else to use it, don't give it to someone else. When you publish something, you make it subject to the laws of the public. If these laws grant you certain powers, that's fine, make use of them if you want. If they don't, well, too bad.

      By your reasoning, can a car manufacturer license his car to you in a way that doesn't permit resale and restricts your usage to no more than 10.000 miles per year? You probably don't want to give such silly powers to car manufacturers, and, since most people don't want to, no laws granting them such powers are enacted. With software, things are a bit different -- such laws do exist. But this doesn't mean that they have to exist.

      You can argue in favor of copyright law, that's ok. You can also support laws that give car manufacturers the right to restrict the distance you may legally travel with your car. That's ok. But it has nothing to do with communism or killing a bus full of people.

      BTW, I am myself in favor of a copyright-like legislation. Take the example of cars -- usually, when you own a car, you are free to drive whereever you like. But for example when you're renting a car, you agree to certain restrictions, and the company that gives you the car in exchange doesn't demand the full purchase price of the car but only a relatively small fee. This is called a contract, and among other benefits being able to enter a contract gives you the ability to freely invent new business models (like letting people drive cars they don't own). I believe this is a good thing.

      But, coming back to copyright, I think that current copyright law is wrong and doesn't fit with the technological possibilities that we have. Where does, for example, the purchaser of a software package have the right to invent a new business model, like letting others use software for rent? I'll have to admit that I have no idea how a better copyright law might look like, but I certainly do not like the current one.

      --
      Sig (appended to the end of comments I post, 54 chars)
    29. Re:By your silly definition, Mr. Editor, by Mr.+Slippery · · Score: 1
      Who says? You don't think following you around with a gun pointed at your head is a "natural right"?

      A "natural right", as I understand the term, refers to one that exists without government action. (Some would claim that these exist because of some god or supernatural force, but I don't believe that's necessary to the concept.) Anything that's created by force or threat of force - government force or individual force - is not a natual right.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    30. Re:By your silly definition, Mr. Editor, by Score+Whore · · Score: 1

      So what you are saying is that a person does have the "natural right" to follow someone around and prevent them from, or force them to do, things.

  4. Strange distinction. by dinotrac · · Score: 5, Interesting

    I don't understand RMS's obsession with powerless freedom.

    Any freedom that means something is, in some way, an expression of power.

    The freedom to own my own home and house my family is meaningless unless I can exercise the power to keep others out.

    The freedom to speak out against the government is empty unless there is power to prevent government censorship.

    The GPL's guarantees of freedom to take, use, modify and distribute source code are meaningless without the power to enforce them.

    Freedom without power is no freedom at all.

    1. Re:Strange distinction. by Anonymous Coward · · Score: 0

      It must be pointed out that Stallman uses his idea of freedom as a form of power. Using the GNU libraries for your major application guarantees that Stallman will demand you call it GNU/application instead. Who gains recognition from this? Stallman himself. Of the small proportion of people on the planet who could name someone to do with the GNU project, an even smaller proportion would recognise a name other than that of Stallman. Insisting on the GNU is nothing more than self-aggrandizement.

      Stallman not only tries to restrict your freedom to license your own works as you choose, he also seeks to take your freedom to name your works as you choose, instead empowering himself by forcing himself into recognition.

      It is a good thing that Stallman lives in current times, where normal people are more likely to ignore his ramblings as the nonsense they are. If he had existed in previous generations, perhaps today we would talk of such works of art as GNU/Sunflowers by the respected artist GNU/Van Gogh. After all, he who mixes the paint is as important as the one who smears on the canvas.

    2. Re:Strange distinction. by Pathos78 · · Score: 4, Insightful
      Any freedom that means something is, in some way, an expression of power.


      This is an oversimplification of the slave (user) view of power. As a master (developer), with power over others, granting freedom is a dissolution of power. As far as I can tell, the Tao De Ching, RMS and The Holy Reverend Polyfather feel this is the only justifiable use of power: giving it to others.

      MS's use of power is the reverse: the concatenation of power, into larger pools controlled by smaller numbers of people. This reinforces the master/slave relationship, which ultimately devalues everyone involved.

      The GPL is a powerful tool for creating freedom. Not everthing falls into a simple top-down heirarchy.

      Plus your analogy to home defense is FUD. Is anyone brutally reverse engineering your code to rob you? If they are, is your EULA going to do a damn thing about it? How will you ever know for certain?
    3. Re:Strange distinction. by dinotrac · · Score: 3, Insightful

      Oversimplification? Hardly.
      Your notion of granting freedom to others as a dissolution of power is just plain wrong. It is a transfer of power. Those who receive the freedom obtain the power that goes with it, including the power to enforce the GPL against those who wrongfully derive from their own work. In fact, it is a power mulitiplier. The author has given some (but not all) power up to the licensees. However, each of those licensees have gained power that approaches that of the original author -- especially with regard to derived work. In a sense, the GPL is an empowering tool, not a destroyer of power.

      Your "criticism" of my home defense example is confused and confusing. Not surprising given that you don't seem to understand what FUD is.

      PS. I don't rely on EULAs. I use free software.

    4. Re:Strange distinction. by argoff · · Score: 2

      I don't understand RMS's obsession with powerless freedom.
      Any freedom that means something is, in some way, an expression of power.

      The GPL does not deny true powers and freedom. like if someone copys your code and says that they wrote it instead of you, you still have legal rights to defend against that type of fraud.
      The freedom to own my own home and house my family is meaningless unless I can exercise the power to keep others out.
      The freedom to own your own house derives from the fact that not everyone could use it at the same time without massively intefering with each other. Properties just didn't come about because such and such institution said so.
      The freedom to speak out against the government is empty unless there is power to prevent government censorship.
      Copyrights are a form of censorship. Rights are something that exist inspite of government, not because of it.
      The GPL's guarantees of freedom to take, use, modify and distribute source code are meaningless without the power to enforce them.
      And it has that power, I cant take GPL'd code and stick it into closed software, and that's legally enforceable.
      Freedom without power is no freedom at all.

    5. Re:Strange distinction. by Dwonis · · Score: 1

      s/concatenation/consolidation/

    6. Re:Strange distinction. by Hoo00 · · Score: 1

      This is troll. Nothing in the article talks about powerless freedom. It is about power to the users to use software vs. power to the programmers to choose the license. They call power to the users as freedom because the power is being distributed to the community, without reducing the power of the programmers enjoy the same freedom.

      Furthermore, your power as a programmer to choose license hasn't been taken away. Only in this case, Kuhn and RMS is "powerless" to enforce your "freedom" to do that. You can choose the license you like, just don't call it GNU or free software license.

    7. Re:Strange distinction. by Lunastorm · · Score: 1
      Copyrights are a form of censorship. Rights are something that exist inspite of government, not because of it.

      Why do people treat censorship as a bad thing. Maybe you might have a problem with censorship, but I'm sure glad that people actually have limits as to what they can say or do, especially around children, in churches, and other places

      And it has that power, I cant take GPL'd code and stick it into closed software, and that's legally enforceable.

      In a perfect anarchist society, one could easily break the GPL license you insist they use especially if they have enough power to keep you at bay since no government would protect you.

      --
      You die too easily.
    8. Re:Strange distinction. by dinotrac · · Score: 1

      Troll?
      Hardly.
      Let me connect the dots for you.

      If they object to a software author's choosing his own license because it is an exercise of power instead of freedom, that implies that other freedoms are not exercises of power.

      If they are exercises of power, then RMS's objection to license choice becomes a big "So what?". The only way to avoid that problem is to believe that you can exercise freedom without exercising power.

    9. Re:Strange distinction. by hearingaid · · Score: 3, Insightful

      RMS is using an unusual set of terms in this essay. He's using "power" and "freedom" in ways that they are not normally used.

      Fortunately, he has the good sense to define his terms.

      He defines freedom as:

      being able to make decisions that affect mainly you

      Conversely, he defines power as:

      being able to make decisions that affect others more than you

      Under this definition, the first freedom you mention is actually a freedom, not power. The ability to make decisions about who can enter the home where you live is an ability to make decisions that affect mainly you. Most people do not want to enter your home (even if you're Mr. Popular, there are billions of people on the earth :) and are not affected at all; even the ones who do want to visit you, most do not want to force themselves upon you, and the burglars and so on who might want to visit you despite your not welcoming them are not affected nearly as much by your refusal to grant them entry as you would be affected by their entry.

      I won't deal with the free-speech example, because it's empty. There is never power to prevent government censorship; the government is the agent of power - when it is powerless, it is not a government.

      And, lastly, RMS defends the GPL as being a necessary evil. In a more logical world, the GPL would not have to exist.

      I don't know if I agree with RMS, but it's clear you didn't understand him.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    10. Re:Strange distinction. by dinotrac · · Score: 2

      It's clear that I don't agree with him.
      It's also clear that your arguments are vacuous.

      Whether a million, a thousand, or even one person somewhere out there in the world wants my house (or my car or my television, etc) is immaterial. I am not free to enjoy them if I have no power to prevent others from taking them or from taking them over.

      As to your brushing off of free speech, I can only assume that you are not American or that you know nothing of your own history, partitioned government structure or laws.

    11. Re:Strange distinction. by hearingaid · · Score: 2

      I am not an American; however, I have a pretty good knowledge of my history, and my own country's partitioned government structure and laws (include our Charter right to free speech), as a close (even a blurry) examination of my past posts would show.

      That aside: The government is all of the government. It's the legislature, the executive, and the judicial branch.

      The rights in your Bill of Rights are empowering rights because they are recognized by at least one branch of the American government: the judiciary.

      Judicial action is government action. This is elementary.

      Re: your earlier statement on your house. You're continuing to fail to apply RMS' definitions, and criticizing his conclusions as a result. While you're free (as am I) to complain that he's not using the words in their ordinary meaning, that's not an argument against the logical structure of his argument, merely his form of presentation. If you change the word "freedom" into "foo" and "power" into "bar", then reread him as arguing for foo over bar, perhaps you will understand.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    12. Re:Strange distinction. by Anonymous Coward · · Score: 0

      Oh Stallman is not at all obsessed with powerless freedom. He definately feels the two words belong together.

      It's just that RMS get's both the power and the freedom. You get the privilege of living in his utopia.

      Why aren't you happy?

    13. Re:Strange distinction. by argoff · · Score: 1

      In a perfect anarchist society, one could easily break the GPL license you insist they use especially if they have enough power to keep you at bay since no government would protect you.


      Who said anything about anarchy? All I can think of is perhaps my statement that "rights exist inspite of government, not because of it" was taken to imply anarchy. That statement does not promote anarchy though, it is just saying that I have a right to the freedom of speech (and to copy) wether a government acknowledges it or not.

      Besides the main purpose of the GPL is to undo the dammage caused by copyrights. In anarchy, copyrights would be rather irrelavent anyhow.

    14. Re:Strange distinction. by Hoo00 · · Score: 1

      Precisely, RMS's objection is a big "So what" and we don't have to listen to him.

      I think we both agree that power and freedom are not exclusive. In fact, freedom is power. RMS didn't say he believes otherwise.

    15. Re:Strange distinction. by Rogerborg · · Score: 2
      • RMS defends the GPL as being a necessary evil

      Twaddle. He used to, but this essay reads like a piece of trivialised spin doctoring. Look, consider Microsoft. They are clearly Evil. And I am opposed to them. It stands to reason that I am Good. And so the GPL is not merely a necessity, it is empowering, it enhances freedom, it whitens teeth.

      RMS is a visionary, but I fear he's lost the plot, and he's now more interested in advocating the GPL as a political statement than as a practical tool.

      --
      If you were blocking sigs, you wouldn't have to read this.
    16. Re:Strange distinction. by abe+ferlman · · Score: 2

      Your notion of granting freedom to others as a dissolution of power is just plain wrong. It is a transfer of power

      It's not really a simple transfer, it's a decentralization of that power. Previously only one person had control of the software, once it's distributed many people share that control. More people have the power to enforce the license as they are all beneficiaries, and no one has the "power" to take away someone else's right to use the software.

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    17. Re:Strange distinction. by epepke · · Score: 1

      You are right. Power is power. Power over others is power over others. You can tell the difference by looking at the phrase "over others."

      Consider this from the article referred to:

      Freedom is being able to make decisions that affect mainly you. Power is being able to make decisions that affect others more than you.

      This statement reflects one of the following:

      1. A ressentiment view of power
      2. Gross illiteracy, perhaps of a deliberate and political kind

      If 1 be the case, then it would mean that open source and free software are effectively dead, or that Stallman and Kuhn no longer have any relevance. I suspect, rather, that 2 is the case. I think that they may have painted themselves into a corner by treating "freedom" as a mythological entity rather than a word, and now they have to resort to Humpty Dumpty tricks to keep a semblance of consistency. Honestly, though, they're starting to sound like a postmodernist Ayn Rand.

      Power and freedom are inextricably linked. Freedom without power is sterile (there is no rule to stop a paraplegic from signing up for the three-legged race). Power without freedom is futile (a slave can make productivity records in the cotton fields).

      The real problem is not power but powerlessness. People with power can and usually will attempt to use it to control others, but those others must first be powerless for it to work. Nobody would care about Microsoft's EULA if more people had the power to reject it.

      Even Martin Luther King read Nietzsche and understood him. Maybe the days of talking and posturing are over. Open Source got a shot in the arm not because of philosophical screeds, but because a bunch of people, under the direction of Linus Torvalds, actually finished their implementation of UN*X.

    18. Re:Strange distinction. by sydb · · Score: 2

      he's now more interested in advocating the GPL as a political statement than as a practical tool

      Any device which affects people's lives IS a political statement. Live with it.

      --
      Yours Sincerely, Michael.
  5. On the nature of power by John+Miles · · Score: 3, Redundant

    The authors state something that we might have suspected from essays from Kuhn and Stallman before, but now is a little more clear, if still ambiguous: "However, one so-called freedom that we do not advocate is the "freedom to choose any license you want for software you write". We reject this because it is really a form of power, not a freedom."

    And forcing me to choose a license that meets the FSF's approval is an attempt to assert what?

    Could it be...?

    Power?

    I'm impressed. That single-sentence excerpt, by itself, says more about its author than Mao's entire Little Red Book did.

    --
    Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    1. Re:On the nature of power by V.P. · · Score: 1
      While punishing people that do not uphold your license is an an attempt to assert what exactly?

      Could it be...

      Power?

      Just setting both views into their proper perspective. Don't fool yourselves, it will be an exercise in power, either way.

    2. Re:On the nature of power by Uruk · · Score: 2

      And forcing me to choose a license that meets the FSF's approval is an attempt to assert what?

      Could it be...?

      Power?


      Nope...if you read the article, you will find that power is when you affect other people more than yourself. When pushing for free software, they are clearly trying to affect themselves - their ability to run the software, modify it, and so on.

      They are trying to prevent people from doing one thing, and that is taking freedom away from others. But taking freedom away from others is no more a "right" or a "freedom" than taking people's property from them or their lives. Nobody complains that their inability to rob people is "the government taking their freedoms away from them".

      Similarly, the ONLY action GNU wants to take away from you is your ability to take freedom away from other people. I think that's perfectly spelled out in the GPL. People don't have the right to take freedom from other people.

      Say what you want about GNU, but they are the only voice in the free software or open source community that has the balls to stand up for what's right, rather than spending their time worrying which "open source" company is making their profit margins, whether or not we'll be taken seriously by Bill Gates (the answer is - who cares) and worrying about whether or not free software or open source is a "viable business model".

      They stand for freedom, they stand for high quality software, and they got GNU/Linux to where it is today. Or maybe you'd like to try running Linux without the GNU system. Good luck.

      People will attack them with glib wordplay like you've done in your post, but take them out of the equation, and you've got all the proprietary abuses you had with your Micros~1 software, just that it's a different cabal that would be running things.

      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    3. Re:On the nature of power by Anonymous Coward · · Score: 1

      Those views are absolutely not equal. If you are benefitting from the use of my software, it's only fair that you pay at least lip service to the license agreement under which you obtained it.

      On the other hand, Stallman & crew are offering no benefits with respect to software written by others, only shouting orders that fewer and fewer people are heeding over time. He has absolutely no moral imperative to dictate licensing terms to software authors who aren't working for him.

      See the difference? From the author of a useful piece of software comes genuine value. From the author of the ridiculous screed quoted in the original article comes nothing but childish demands.

    4. Re:On the nature of power by John+Miles · · Score: 3, Insightful

      Similarly, the ONLY action GNU wants to take away from you is your ability to take freedom away from other people. I think that's perfectly spelled out in the GPL. People don't have the right to take freedom from other people.

      It'll be interesting to hear your explanation of how I can "take freedom from other people" by writing my own software and offering it under license terms of my own choosing.

      If you honestly believe what you wrote, you're not talking about power, or even ideology. You're talking about religion.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    5. Re:On the nature of power by Uruk · · Score: 4, Insightful

      It'll be interesting to hear your explanation of how I can "take freedom from other people" by writing my own software and offering it under license terms of my own choosing

      Simple - people should have the freedom to use software. See the free software definition. When you license software under a non-free software license, you take away my freedoms as listed by the free software definition.

      Programs, like math formulas, like cooking recipies, like common sense, are generally useful technical information. They help advance society, and it's wrong for someone to deny that to people, just like it's wrong to deny people the ability to use common sense ideas and methods, (read: one click shopping) just like it's wrong to deny people to make use of information that can help them. (think of banning people from using calculus unless they paid a licensing fee)

      If you honestly believe what you wrote, you're not talking about power, or even ideology. You're talking about religion

      Huh? Where did you get this? My feeling is that you're just trying to brand an idea a religion, (read up on the definition, and I think you'll see the error in this) so that you can slag it. That's what we call a strawman argument.

      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    6. Re:On the nature of power by elmegil · · Score: 2

      Something I've written is something I should be able to exercise power over. If I am the kind of person who thinks that the ability of others to modify my software is desirable, great! If I am not, I should not have to make the choice between either allowing this to occur against my wishes or not writing the software (which is my interpretation of the position that all software should be GPL'd). I agree with Tim O'Reilly's definition of Freedom 0 as the freedom to choose the terms under which I will release the software I've written.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    7. Re:On the nature of power by Anonymous Coward · · Score: 0

      Near all software licenses allow the use of the software.

      OTOH, you (Free Software advocates) are claiming that modification and redistribution also constitutes 'use'. An argument can be made for modification, but redestribution? I don't think so. I can't even begin to comprehend how someone could be so arrogant as to demand a 'right' to redistribute my work.

    8. Re:On the nature of power by jquirke · · Score: 0

      Would you care to explain why it's wrong to deny that to people?

      That's just your opinion..

      Oh sorry - its not - it sounds like you are just quoting RMS/are RMS.

    9. Re:On the nature of power by Anonymous Coward · · Score: 0

      I'm really beginning to wonder if RMS isn't on some sort of power trip. Recently, he threw his hat in the ring to become a member of the GNOME board and he's applied to be a Debian developer.

    10. Re:On the nature of power by Greyjack · · Score: 1
      When you license software under a non-free software license, you take away my freedoms as listed by the free software definition.

      Huh?

      Which of these scenarios gives you *less* freedom?

      1.1) I write cool program.
      1.2) I let you run cool program, but don't release the source (ie, I license cool program under non-free license).

      2.1) I write cool program.
      2.2) I keep cool program to myself, and don't let *anyone* run it at all, other than me.

      Seems to me that releasing the source under a non-free license gives you more freedoms than not releasing the source at all. Or are you honestly suggesting that you should have the right to use every single piece of code I've ever written, ever, whether I've chosen to release it or not? Should you have the right to use my code the instant I type it? Where do you suggest we draw the line here?

    11. Re:On the nature of power by Uruk · · Score: 2

      Or are you honestly suggesting that you should have the right to use every single piece of code I've ever written, ever, whether I've chosen to release it or not?

      Absolutely not - part of free software is the freedom to privacy - one of the reasons why GNU has rejected some certified "open source" licenses as not being free software was because they don't respect people's privacy. They insisted that the person writing the code contribute the code back to a central repository. (I think the Apple APSL does this, but I'm not sure) You don't have to release software if you don't want to. But if you do, it should come with freedom.

      The problem with your two scenarios is that they make the assumption that you'd never release the software unless you could control the source code. That might be true for some people, but it's not for the majority of people. If you insist that the software should be free, chances are it will be released, because regardless of whether the software is free or not, the author gets more benefit out of it when released than when held privately.

      By the way, you might be interested in this which addresses your privacy concerns directly. In the GPL FAQ no less.

      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    12. Re:On the nature of power by bareminimum · · Score: 0

      And why was this modded as a troll? This is clearly a case of POWER abuse on this person's FREEDOM of expression.

    13. Re:On the nature of power by Anonymous Coward · · Score: 0

      It is incredible, but a sad revelation of the groupthink nature of slashdot that your post could be called a troll by any "moderator".

      It is perhaps more sad that the figurehead of "free" software should be such a power-hungry nutcase. Not only will he try to prevent people on the gnome mailing list even discussing software that is not licensed his way, he would like to prevent even the use of such licenses. Surely this attitude and the ever more frequent ridiculous pronouncements from RMS have to be working against the acceptance of "free" software? Indeed he is becoming more and more like Mao, and that is NOT a troll - of course he has a long way to go still.

      (The moderation system is well and truly fscked. Clicking "Post Anonymously" is a reflex action now.)

    14. Re:On the nature of power by Anonymous Coward · · Score: 0

      You're reasoning from a false beginning. You say that software I write affects others more than me. It doesn't - my license is completely voluntary and nobody has to accept it. Anybody is free to use any software they like, but if it happens to be a package written by me then accepting my license is mandatory. If it's unacceptable then the only person it affects is me.

      (Damn generous of me to go to the trouble of cleaning up the code and posting it publicly in the first place actually.)

      Beyond that your post is nothing but hyperbole so it was ignored.

    15. Re:On the nature of power by monksp · · Score: 1
      the ONLY action GNU wants to take away from you is your ability to take freedom away from other people

      And this is power. Power used by people who are acting in an 'I know what's best for you and for society' mindset, but power nevertheless. And really, it's power that developers need to have.

      I don't think that People don't have the right to take freedom from other people is spelled out anywhere in the GPL, because that's -exactly- what the GPL does. It grants some rights, and it takes some away. Wether this is a good or bad thing is an entirely separate debate, but it doesn't change the fact that people do have this right.

      Or maybe you'd like to try running Linux without the GNU system. Good luck

      This statement has confused me for a long time. I know that Linux dropped into the GNU system and magically became a fully functional system because of the two working in tandem, but everyone that subscribes to this sort of belief seems to think that it was the only way. The GNU system is a really great thing, but if it wasn't there, is it so much of a stretch to think that something else would have been written? Plenty of other OSen out there have their own subsystems keeping everything running.

      --
      -- My work here is done. If you need me again, just admit to yourself that you're screwed, and die.
    16. Re:On the nature of power by Dwonis · · Score: 2

      Something I've written is something I should be able to exercise power over

      Why?

    17. Re:On the nature of power by CleanTroath · · Score: 1

      Programs, like math formulas, like cooking recipies, like common sense, are generally useful technical information. They help advance society, and it's wrong for someone to deny that to people, just like it's wrong to deny people the ability to use common sense ideas and methods, (read: one click shopping) just like it's wrong to deny people to make use of information that can help them. (think of banning people from using calculus unless they paid a licensing fee)

      Wrong? Yes, I agree. But can we implement these ideals on software licensing, thus (in a hypothetical situation) eviscerating commercial software? Absolutely no.

      Even though I hate to admit it, we probably wouldn't have this huge computer culture if it wasn't for Microsoft and it's commercial software model. It was this model that initially provided many jobs for programmers and decent and easy to use software for the masses (I won't get into the much discussed fact that Microsoft blatantly used opposition and it's works, crushing them when they didn't need them anymore, preventing healthy competition in this way) and still provides. So you see, evolution also comes in other forms of licensing software, even though it is much more capitalistic and "wrong". Most open source coders rely entirely on non open source related jobs for survival, renegating open source as a fun hobbie and that's probably the way it will remain for an indefinite amount of time.

      Open Source has it's place, but so does Closed Source.

    18. Re:On the nature of power by Lunastorm · · Score: 1
      Nope...if you read the article, you will find that power is when you affect other people more than yourself. When pushing for free software, they are clearly trying to affect themselves - their ability to run the software, modify it, and so on.

      In other words, taking freedom from a minority (i.e. the developer) to give to an undeserving majority is a good thing? Slave owners would agree with you.


      Similarly, the ONLY action GNU wants to take away from you is your ability to take freedom away from other people.

      I thought owning software was a privilege, not a right. It's like driving. You might claim that everybody should have the freedom to drive since freedom is good, but I'm happy that the DMV can take licenses away from maniac drivers. Like with a license, you are given the right to own the software you use by the developer. If you don't like it, you could always create your own software.


      Say what you want about GNU, but they are the only voice in the free software or open source community that has the balls to stand up for what's right...

      What's right is subjective. Personally I don't feel forcing developers to give up the rights to their software they create a good thing.

      They stand for freedom...

      I'd believe this if RMS wasn't so intent on trying to take the credit for everything.


      ...they stand for high quality software...

      Some high quality software is actually licensed with licenses that aren't compatible with the GPL.

      --
      You die too easily.
    19. Re:On the nature of power by Anonymous Coward · · Score: 0
      Because it is MINE!!! If I write software, and want to charge each user $10 to get a copy of it, why shouldn't I be able to choose to do that? Millions of shareware titles do exactly that. And what you want to do is deny them the pittance they get as income.


      This whole ideaology that you should be able to take my software and give it to as many people as you want without my permission is known as theft. Additionally, the US Constitution specifically grants power to congress to protect the property rights of the authors of original works like this, which they have done.


      Its fine and dandy to say that free software is good, that open source software is good, but simply taking someone's software and widely distributing it when they are NOT interested in releasing it as free/open software is under the law and constitution of this country theft.

    20. Re:On the nature of power by elmegil · · Score: 1

      It is MY CREATION. Are you saying that the product of my effort is not mine to do with as I wish? If that's the case, go ahead, give me your paycheck.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    21. Re:On the nature of power by Anonymous Coward · · Score: 0

      You mean like punishing people for not abiding by the GPL?

      Yep, that's Power!

      Interesting how power is only acceptable when it's held by RMS. Allow other developers to exert power, and then it's evil.

    22. Re:On the nature of power by Anonymous Coward · · Score: 0

      Wrong. If someone doesn't want me to have "power" over them through the license I choose to put on software I write, then they can easily sidestep this issue by not using my software.

      The work I perform creating software should not put me in a lower class in regards to my return than my neighbor who works in a local machine shop producing widgets. We should both have a right to profit, or give away if we choose from what we create.

    23. Re:On the nature of power by EMIce · · Score: 1

      Huh? Where did you get this? My feeling is that you're just trying to brand an idea a religion, (read up on the definition, and I think you'll see the error in this) so that you can slag it. That's what we call a strawman argument.

      Isn't religion blind faith in some *definition* not proven by observation (i.e. empirical evidence via the scientific method)? And your telling us to read up on the definition of free software? Can you prove to us that the free software definition is the *right* way to license software? It sounds to me like that would require some more unprovable definitions.

      The problem I see here is you guys think it's absolutely correct to be ideologically utilitarian. What's best for society, kill one innocent man to prevent the death of a thousand or do nothing and let the thousand die? This is the paradox of utilitarianism, you will always have to step on some individual freedoms to ensure maximum benefit to society. When RMS is saying an individual doesn't have the right to use his/her own license, he is choosing to kill the one innocent man for the thousand. In doing this he is also assuming that free licenses are better for society. In non-capitalistic society - yes, but that's not what we live in. If he wants to try some form of utilitarian rule, maybe someone should point out to him that it doesn't really work, we don't live in a utopia and that's why communism failed. Being utilitarian has never been proven as the "right" way to go about doing something either, as the paradox shows.

    24. Re:On the nature of power by Anonymous Coward · · Score: 0

      > Are you saying that the product of my effort is
      > not mine to do with as I wish?

      I think he is saying, that once you give it away, it is no longer yours to do with as you wish.

    25. Re:On the nature of power by JonnyCalcutta · · Score: 1
      This is the paradox of utilitarianism, you will always have to step on some individual freedoms to ensure maximum benefit to society.

      And with this statement you make the assumption that individual freedom is a better choice than all the others - this is a product of US society not a universal constant. Democracy (much like communism) is about the power of many over the power of few.
      Absolute personal freedom is anarchy (personal responsibility) not democracy

    26. Re:On the nature of power by Dwonis · · Score: 2
      Because it is MINE!!!

      Until you sell it. Then, just like any other good, it becomes the property of the purchaser.

      This whole ideaology that you should be able to take my software and give it to as many people as you want without my permission is known as theft.

      No, it's known as copyright infringement. Theft is when I steal a CD from a store (causing them to have one less CD). It is not theft to increase the amount of total wealth in the world (which is what happens when you duplicate something that is valuable).

    27. Re:On the nature of power by John+Harrison · · Score: 2

      You still have yet to show how freedom is actually being taken away. I agree that less freedom is given than could have been, but I can't take something that wasn't given to begin with.

    28. Re:On the nature of power by elmegil · · Score: 1
      I think he is saying, that once you give it away, it is no longer yours to do with as you wish.

      So I'm not entitled to make a living by selling my binary, since I can only sell one copy and then have it given away from there?

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    29. Re:On the nature of power by hzhu · · Score: 1

      It'll be interesting to hear your explanation of how I can "take freedom from other people" by writing my own software and offering it under license terms of my own choosing.

      The interesting part of the explanation lies in understanding the difference between what you and RMS considered as a single action.

      You consider "writing my own software and offering it under my license terms" as an individual action. If that is the only thing you choose to do or not to do, with no other consequences, then RMS's claim would indeed seem bizarre.

      In contrast, RMS regards the license as less connected with the action of writing the software than connected with the action of enforcing the license upon people using the software. It is placing a restriction, backed by the power of law, on top of your expression of thought. In that sense it is an expression of power.

      A lame analogy would be the contrast between a friend saying "I don't like your doing that" and a police officer saying "If you do that I'll arrest you". The latter is not merely an expression of freedom of the officer, it is an expression of power.

      Why do so many people not see RMS's point? Because they recognize that the power of license originates from copyright laws. The license itself does not generate that power, only express a will to use it.

      But RMS is not talking about the origin of the power, only the fact that it is power and it is being used.

      In the above analogy, the police officer may indeed be expressing his thought at that time, but that thought is relevant mostly because it is backed by the power granted whichever way to him. In this situation the expression is less important than its effect. This is why people whose only actions are "talking" (giving orders) could be found guilty of crimes. A speech that has power (people will suffer if they do not obey it) becomes action due to its effects.

      Without copyright, your action (writing whatever in the license) and other people's action (using the software whichever way they want) can indeed exist freely independent of each other. But copyright laws bound them together, in the sense that your action (writing words on the license) has the primary effect of restricting actions other people can take.

      If you agree that most people writing license (esp proprietary licenses) intend to have them enforced by law (or at least conceived to be so), you would see that RMS's view is much closer to the real world than yours is. A license with a disclaimer "This is my wish only and I hereby waiver any rights under copyright law to enforce it" would be closer to your view.

      Considering that RMS does not see the power granted by copyright laws to holders of software copyright as just, we can see that he has been very consistent and logical on this issue, whether we agree with him or not.

    30. Re:On the nature of power by Dwonis · · Score: 2

      You are not entitled to a business model that hinges on restricting others.

    31. Re:On the nature of power by EMIce · · Score: 1

      And with this statement you make the assumption that individual freedom is a better choice than all the others - this is a product of US society not a universal constant. Democracy (much like communism) is about the power of many over the power of few.
      Absolute personal freedom is anarchy (personal responsibility) not democracy.


      I did? I said there is a paradox, this means there must be a balance between personal freedom and benefit to society. Like most, this is not a black and white issue. You can't have one without stepping some on the other. I am saying that RMS's idea is in one extreme corner, where benefit to society largely if not completely outweighs personal freedom when the two clash. The problem is both extremes require a utoptian society, so we need to strike a balance between personal freedom and societal benefit. You missed the point and put words in my mouth, I do not always support individual freedom over societal freedom, it depends on the particular case.

      Absolute personal freedom is anarchy (personal responsibility) not democracy

      Are you equating anarchy and personal responsability? Anarchy is absolute personal freedom but it doesn't work without personal responsbility; they are not the same thing, one makes the other work. Maybe in a utopia everyone would be personally responsible, but we live far from such a state. Find me some real solutions and spare me the senseless ideological bs.

    32. Re:On the nature of power by elmegil · · Score: 1

      It's a damn shame you probably make your money, directly or indirectly, off those business models. Or do you think that the computing industry would be ANYWHERE today as anything but the computer hobbyist association if every software seller in history behaved according to your ridiculous mandate?

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  6. I have this to ask. by Spamuel · · Score: 2, Interesting

    What is freedom if not power?

    1. Re:I have this to ask. by Uruk · · Score: 2

      Please, resist the temptation to turn a serious debate into a silly game of semantics.

      Given the definitions of both, it's clear that you could work out a plausible arugment semantically speaking that freedom implies power, or that power implies freedom, (since if you have power no one can stop you from doing certain things, etc).

      None of that has anything to do with GNU, Linux, software, the freedom to run software, or anything else. This is not a cute semantic game, this is a discussion about software, and what rights people should have to the software that controls many aspects of their lives, whether they like it or not.

      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    2. Re:I have this to ask. by Anonymous Coward · · Score: 0

      "Please, resist the temptation to turn a serious debate into a silly game of semantics. "

      Yes, playing semantic games is FSF's territory. Stay out! Just read what FSF publishes, if you don't agree/understand, keep on reading till your brain looks like a raisin and you see the light.

  7. Are they really talking freedom, though? by TecraMan · · Score: 1

    Hmmm... Seems to me that the scenario being described is more restrictive than the current situation. Right now, we all have the freedom to choose open source solutions or to stay with closed source solutions. I'm not sure I am happy with someone exercising their power over the software industry and removing that choice by dictating that all software needs to be free.

    1. Re:Are they really talking freedom, though? by CleanTroath · · Score: 1

      Right now, we all have the freedom to choose open source solutions or to stay with closed source solutions.

      And you still do; just don't use GPL. Use another license that fits your needs or create your own. That simple.

    2. Re:Are they really talking freedom, though? by CleanTroath · · Score: 1

      Right now, we all have the freedom to choose open source solutions or to stay with closed source solutions. I'm not sure I am happy with someone exercising their power over the software industry and removing that choice by dictating that all software needs to be free.

      And you still have that freedom; just don't use GPL. Use another license that fits your needs or create your own. That simple.

      (sorry for the double post, I hit submit by mistake)

    3. Re:Are they really talking freedom, though? by Anonymous Coward · · Score: 0

      Read Stallman again wingnut - Stall repudiates the right to use any license. He does not want other licenses to exist!

      The guy's a wacko!

  8. Make it end by Anonymous Coward · · Score: 0

    This whole thing has decayed into a huge circle-jerk. We agree to disagree. Pick up your football and go home.

  9. Freedom/Power by the+eric+conspiracy · · Score: 5, Flamebait

    Who appointed Stallman God? In his own way he is just as bad as Bill Gates, for they are both trying to dictate the terms under which we can distribute the software we write, or use the software we use that has been written by others.

    I reject both of them for trying to control what I do with the code I write. When I write something, _I_ should have control under the provisions it is licensed under.

    When I use software from others I have to make a choice about what license provisions I will agree to. These days I have a lot of choices. I like it that way.

    I am perfectly capable of making my own decisions in this regard - and I cannot stomach the idea of others trying to make them for me.

    1. Re:Freedom/Power by Anonymous Coward · · Score: 0

      Who the fuck are you?

    2. Re:Freedom/Power by Anonymous Coward · · Score: 0

      Who appointed you as the one who appoints god? What are your qualifications for the role? Were you voted for by inhabitants of Florida? Are you now, or have you in the past, associated with, or befriended, anyone who was, or is, a member of the communist party, or whom you suspect to have been, or to be, a member of the communist party?

    3. Re:Freedom/Power by Uruk · · Score: 5, Insightful

      Who appointed Stallman God?

      Nobody, of course you're free to ignore him.

      In his own way he is just as bad as Bill Gates, for they are both trying to dictate the terms under which we can distribute the software we write, or use the software we use that has been written by others

      The only thing he attempts to prevent people from doing is taking freedom away from other people.

      I reject both of them for trying to control what I do with the code I write. When I write something, _I_ should have control under the provisions it is licensed under.

      One of the underlying assumptions that GNU has, (which I happen to agree with) is that programs are generally useful technical information, just like mathematical formulas or cooking recipies. If you invented a new way of doing math, would you think that you have the right come hell or high water to keep people from using it if you wanted to? Most people don't think so because they realize that math is something too important and too useful to let one person have a chokehold over. Same goes with programs.

      So you reject someone dictating terms to you about how you distribute your program. I reject your bullshit laws that throw me in prison for helping a friend out by copying software, and your nonsense regulations telling me I can't use a common sense algorithm in my programs, that instead I am mandated by law to go around my elbow to get to my ass.

      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    4. Re:Freedom/Power by kz45 · · Score: 0

      One of the underlying assumptions that GNU has, (which I happen to agree with) is that programs are generally useful technical information, just like mathematical formulas or cooking recipies

      You could make that bullshit claim about anything. Why not books? or television shows? or movies? how about music?

      how does copying binaries of programs have anything to do with "free speech"? It doesn't. It's just a way to get out of paying for something, and a great excuse for the "freedom of the internet".

    5. Re:Freedom/Power by Uruk · · Score: 2

      You could make that bullshit claim about anything. Why not books? or television shows? or movies? how about music?

      Because society doesn't advance any slower or any faster based on how many fiction novels or movies come out. As for books, it depends on which ones you're talking about. Some books do contain generally useful technical information which is why there is such thing as the GNU Free Documentation License.

      Why is it that nobody has patented math? Why is it that that idea strikes us as absurd? Because it's generally useful technical information. When you think about it, programs are really just algorithms, or methods of doing things, and that is generally useful technical information. The same cannot be said of the latest Ken Follet novel, so no, you cannot make that claim about anything.

      how does copying binaries of programs have anything to do with "free speech"?

      Who said that it did? When we're talking about software freedom, we're not talking about free speech. (Which is important too, but unrelated to this discussion)

      It's just a way to get out of paying for something, and a great excuse for the "freedom of the internet".

      Oh come on, that's a cop out. Do you think that people saying mathematics should be free is just an elaborate scheme to cheat someone out of money? Free software doesn't mean cheap - the FSF sells collection CDs for something like 5 grand, and people pay it.

      If you're going to disagree with anything, disagree with the assertion that programs are generally useful technical information.

      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    6. Re:Freedom/Power by kin_korn_karn · · Score: 3, Insightful


      Most people don't think so because they realize that math is something too important and too useful to let one person have a chokehold over. Same goes with programs.

      Wrong, fundamentally.

      Programs are a product. They are a manufactured good that, when combined with a type of electronic hardware, performs a certain pattern of calculations, and interprets the results of those calculations to produce information. They are the application of pure logic and hardware and as such have inherent value as capital goods.

      Theorems [for brevity I'll lump all mathematical research into that of theorems] are scientific principles that have no inherent capital value. They are ideas that can be applied to capital goods, but theorems are not capital goods in and of themselves because there is no market for them. There is a prestige market for math research, but everyone's still gotta eat.

      Programs are created by programmers. Theorems are derived by mathematicians. Programmers get paid for their output, not their capabilities. Write X, get Y. Mathematicians get paid for being capable of figuring things out. Think about X, get Y.

      The point is that money is what makes the world work, and if something, such as mathematical research, isn't worth money by itself (thus being sellable), nobody's going to bother trying to own it. This means that math != software, period.

    7. Re:Freedom/Power by Anonymous Coward · · Score: 0

      I reject both of them for trying to control what I do with the code I write. When I write something, _I_ should have control under the provisions it is licensed under.



      Isn't this exactly what the RIAA says? It seems to me that we are all along a spectrum and Richard falls on one end strongly in favor of user's rights. The RIAA falls on the other, strongly in favor of content creator's rights. Most of the rest of us fall in the middle. But let's admit that we are different in degree, not kind. Most of us agree partially with both Hilary Rosen and Richard Stallman.

    8. Re:Freedom/Power by the+eric+conspiracy · · Score: 3, Insightful

      If you invented a new way of doing math, would you think that you have the right come hell or high water to keep people from using it if you wanted to?

      Damn straight I do.

      I completely reject the concept that I have to show anything I invent to ANYONE. Ultimately I always have the right and ability to destroy any writings, calculations or code that I author before I show it to anyone.

      Given the fundamental freedom to keep my thoughts to myself, it is up to you to come up with a way to encourage me to share my inventions with others. This is what intellectual property is all about - encouraging creators to share their work. If you don't like IP, well too bad, because I am not going to give you my work just for your pleasure or convenience.

      I reject your bullshit laws that throw me in prison for helping a friend out by copying software

      It's not for you to reject. Copyrights and Patents are explicit contracts between the government and the author. If you don't like it, it's up to you to come up with an alternative that authors like better.

      Otherwise many will just rm -rf the recipe.

    9. Re:Freedom/Power by wfrp01 · · Score: 2

      I completely reject the concept that I have to show anything I invent to ANYONE. Ultimately I always have the right and ability to destroy any writings, calculations or code that I author before I show it to anyone.

      Of course. But the question is, what rights should you have once the cat is out of the bag, so to speak.

      --

      --Lawrence Lessig for Congress!
    10. Re:Freedom/Power by chromatic · · Score: 2, Insightful
      I see the RIAA as more protecting the "rights" of content distributors than content creators.

      Maybe it's helpful to analyze the point of the GPL in those terms. Like it says, general copyright does not (and cannot) proscribe or prohibit most kinds of use. Modification and redistribution are protected by the GPL and restricted by copyright.

      As I read the story, RMS and Kuhn reject the idea of any license which allows anyone down the line to restrict the modification and redistribution rights provided by the GPL. Their moral imperative is to promote sharing, and they recognize that the cost of that is to restrict certain activities of developers down the line.

      It's a definite spectrum, but I don't think the FSF is so far on one end as the apparent prevailing opinion of story posters so far would have you believe.

    11. Re:Freedom/Power by kz45 · · Score: 0

      Free software doesn't mean cheap - the FSF sells collection CDs for something like 5 grand, and people pay it.

      but..in essence it does. a person who releases their software under the GNU license

      1) only gets money for the 1st copy sold IE. people can copy it all they want, and release it anywhere
      2) is not allowed to re-release their code under a more "restrictive" license.

      it has been said time and time again, why pay for something, when I can just DOWNLOAD it. I mean look at napster, as an example. (or 99.9% of the current linux distributions)

      assertion that programs are generally useful technical information.

      example: Microsoft Windows is useful technical information........for all their competitors.

    12. Re:Freedom/Power by wfrp01 · · Score: 5, Insightful

      When I write something, _I_ should have control under the provisions it is licensed under.

      The question isn't really so much whether you should control the terms of the license, as whether being able to 'license' software has any validity, period. The question is whether society should reserve the right for developers to control how members of that society use the software they write and distribute. And yes, this 'right' to which you lay claim is not a law of nature, but a social construct.

      It's very easy to understand why developers might prefer to retain control. What is not clear is whether and why society should prefer this arrangement. If society should give you this right, what does society gain in return?

      Or is social progress irrelevant? Is there some legal precept paramount to the greater social good?

      --

      --Lawrence Lessig for Congress!
    13. Re:Freedom/Power by the+eric+conspiracy · · Score: 2

      Of course. But the question is, what rights should you have once the cat is out of the bag, so to speak.

      Indeed, what rights are you going to offer me in exchange for letting the cat out of the bag? Patent rights? Copyrights?

      How about I just write a contract that gives you the right to run this program on a single computer with no writable removable media drives in exchange for a whopping monthly fee. As part of this contract you must post a big old bond that is forfeit if you don't keep the existance of this software secret except for those within your company that I approve, and you must keep this computer, and all copies of the software in a locked room inside which there is no network connectivity. Only two people, identified by you and approved by me are allowed inside this room. Any disassembly, reverse-engineering etc. forfeits the bond. We have the right to audit, inspect your premises etc. You are not allowed to use any of the software technology present in this program in your future products. (I saw this in an NDA contract once).

      Are you going to make contracts like this illegal? Good luck - that means a major overhaul of our system of government.

      If you don't come up with an offer of rights I consider fair, the cat stays in the bag, Sorry.

    14. Re:Freedom/Power by wfrp01 · · Score: 2

      theorems are not capital goods in and of themselves because there is no market for them

      There certainly are markets for theorems. Your point is that there are no capital markets. A tautology. But anyway..

      If the only reason there is a capital market for programs is that copyright and patent law allow for the creation of artificial shortages, then perhaps programs are not truly capital goods either. Devoid of government sponsorsip, we might consider programs capital goods of negligible value.

      So the question is, should government be in the business of creating capital markets for software?

      --

      --Lawrence Lessig for Congress!
    15. Re:Freedom/Power by wfrp01 · · Score: 2

      Good luck - that means a major overhaul of our system of government.

      Yep. Thanks for your support. ;)

      Actually, it mostly means reforming copyright and patent law. Which is what we're talking about.

      --

      --Lawrence Lessig for Congress!
    16. Re:Freedom/Power by Tri0de · · Score: 1

      "If society should give you this right, what does society gain in return?"

      It gets better software or other IP. That is the theory, the argument and the justification of IP law.

      --
      "Everyone is entitled to their own opinion, but not their own facts."
    17. Re:Freedom/Power by Anonymous Coward · · Score: 0

      To the best of my recollection I have never seen Bill Gates or Microsoft ever suggest that they should dictate the terms over which you should distribute software that you have written.

      They only dictate the terms over software that they themselves have written.

      RMS calls this power. I call trying to force your definition of "freedom" on people power.

    18. Re:Freedom/Power by bug1 · · Score: 1

      "Programs are a product. "

      Speak for yourself, my programs are art.
      They are an expression of my view on how a problem should be solved.

    19. Re:Freedom/Power by rkent · · Score: 2

      Most people don't think so because they realize that math is something too important and too useful to let one person have a chokehold over.

      I wish I agreed with you, but in reality I suspect their motivation is something else: the stakes of keeping a mathematical formula secret are so low that it doesn't matter. If you discover some remarkable property of 5-dimensional toroids, your doctoral thesis won't be worth the paper it's printed on in financial terms.

      BUT, you can still pass it around your peers for status and glory. Of course you can't acknowledge this outright, you have to "contribute it to the community" because it's so godawful important.

      Bottom line: mathematical formulas lie in academia, software lies in business. If mathematicians could make millions on their esoteric formulas, you can bet we'd be having this debate about that, too.

    20. Re:Freedom/Power by bug1 · · Score: 1

      "It's not for you to reject. Copyrights and Patents are explicit contracts between the government and the author. If you don't like it, it's up to you to come up with an alternative that authors like better."

      If he doesnt have the power to reject it then what good would it do him to come up with an alternative.

      What difference does it make if Authors like it better ?

      Whats to stop him coming up with an alternative the PEOPLE like better, or just the GOVERNMENT like better.

      You think authors need to approve laws that effect them ?

    21. Re:Freedom/Power by TheOnlyCoolTim · · Score: 1

      The RIAA is strongly in favor of the rights of the music industry executives, not the musicians.

      Tim

      --
      Omnia vestra castrorum habetur nobis.
    22. Re:Freedom/Power by kin_korn_karn · · Score: 1, Troll


      So the question is, should government be in the business of creating capital markets for software?

      I'm a programmer. I only code for money or, RARELY, as in once a year, for my own personal enjoyment. As such, I don't care how the market is created as long as it exists and I can be a part of it. Do an informal poll and I think you'll find most programmers (that are working, not that are in school and thus obsessed with idealistic shit like GNU and the FSF) feel similarly. At least, every programmer I've ever met did.

      I worked with a guy (nameless in public) who was once on a project with RMS. My former co-worker said RMS was lazy and couldn't code for shit (this was just his opinion, but this guy has a PhD in comp sci and has worked for Sun, Cray, and other big-ticket companies and is the most accomplished programmer that I know), except when he went home and worked on what he wanted to work on. Maybe RMS wants the world to make their software free so that he can get quick cash without worrying about being sloppy?

      I know if I could just download the answer to all my projects I'd spend about half the time on them, but I'd feel pretty dirty. But, lots of people wouldn't, look at the popularity of Java. I hear there used to be such a thing as professional integrity.

    23. Re:Freedom/Power by kin_korn_karn · · Score: 2, Insightful

      Does your boss know you feel this way? I'll take 'craft', but not 'art'. A work of art is a work of man created to induce or display emotion.

      The product of a craft is that of a highly skilled individual who may take a creative approach to solving or creating the product, but it does not express anything more than its utility.

      Let me put it this way: If you've ever cried looking at code, you need professional help, or you need to get out and see some REAL art.

    24. Re:Freedom/Power by Anonymous Coward · · Score: 0

      Who moderated this flamebait? Somebody needs to get a sense of humor.

    25. Re:Freedom/Power by bug1 · · Score: 1

      "A work of art is a work of man created to induce or display emotion."

      I challenge you to find a dictionary that states this (all) that art is.

      A definition of art from www.dictionary.com is
      1. A system of principles and methods employed in the performance of a set of activities: the art of building.
      2. A trade or craft that applies such a system of principles and methods: the art of the lexicographer.

      So if your saying code is a craft then you are agreeing with me that it is also art.

    26. Re:Freedom/Power by Anonymous Coward · · Score: 0

      "I'm a programmer. I only code for money or, RARELY, as in once a year, for my own personal enjoyment. As such, I don't care how the market is created as long as it exists and I can be a part of it. Do an informal poll and I think you'll find most programmers (that are working, not that are in school and thus obsessed with idealistic shit like GNU and the FSF) feel similarly."

      to rephrase

      I'm a selfish programmer, and i dont care about anyone/anything else except myself, anyone who is/thinks different to me is wrong.

    27. Re:Freedom/Power by Anonymous Coward · · Score: 0

      One of the underlying assumptions that GNU has, (which I happen to agree with) is that programs are generally useful technical information, just like mathematical formulas or cooking recipies. If you invented a new way of doing math, would you think that you have the right come hell or high water to keep people from using it if you wanted to?

      Why not, if you spend your time and effort formulating the recipe or formula why shouldn't you have the right/power/freedom to do what you like with the idea, including not devulging it. A lot of people, especially in Western Affluent Educated populations have just as much opportunity to make new formulas, but choose not to, out of laziness, stupidity, or comformity. Why should they get other peoples labour for free. In essence, this boils down to a free rider problem.

    28. Re:Freedom/Power by Captain+Bonzo · · Score: 1
      If you invented a new way of doing math, would you think that you have the right come hell or high water to keep people from using it if you wanted to? Most people don't think so because they realize that math is something too important and too useful to let one person have a chokehold over. Same goes with programs.

      There is a big difference between copyrighting and patenting. If I invented a new technique and patented it, then I would be preventing others from using it without giving me money. Software licensing doesn't do that.

      A software license might restrict users' ability to copy, distribute, or even use a specific piece of software, but would not prevent a user from using the underlying techniques, unless patents had been filed. I don't think you are really comparing like with like.

      FWIW I don't have a problem with developers being able to choose their license (particularly if users are aware of competitors using different licenses) but software patents stick in the craw as much as the patenting of mathematical formulae and naturally occurring chemicals/drugs.

    29. Re:Freedom/Power by bockman · · Score: 2
      I completely reject the concept that I have to show anything I invent to ANYONE. Ultimately I always have the right and ability to destroy any writings, calculations or code that I author before I show it to anyone.

      I guess so. But you should recognize that your ideas and inventions were not born out of blue sky. They were based on ideas that other people had _and_ published ( you _did_ go to school, and read books, and talked with others, didn't you ?).

      I _do_ grant to you the power to keep your inventions for yourself. But I also recognize that if anybody did that, our society would have zero progress.
      In the field of software, particularly, we are dangerously approaching this extreme limit. Therefore, I am grateful to any developer which gives up his power to give to me (and other users) more freedom.

      --
      Ciao

      ----

      FB

    30. Re:Freedom/Power by iBod · · Score: 1
      Because society doesn't advance any slower or any faster based on how many fiction novels or movies come out.

      Maybe I misunderstood your comment but are you asserting that the rate at which society advances is related only to the amount of 'useful technical information' available?

      I suppose it depends what you mean by 'advance' but I would hazard that art (including novels and movies), political and economic thinking etc. have done at least as much to advance human society as any technical information.

    31. Re:Freedom/Power by Anonymous Coward · · Score: 0

      Only the man who has never invented anything, and plans never to, hates the rights of others to control what they create. He exposes his stagnant imagination, and cowardly thinking. He wants anothers ideas as if his own.

    32. Re:Freedom/Power by EllisDees · · Score: 1

      Let me put it this way: If you've ever cried looking at code, you need professional help, or you need to get out and see some REAL art.


      And let me put it this way: If you've never been moved by a beautiful piece of code, you're no programmer.
      --
      -- Give me ambiguity or give me something else!
    33. Re:Freedom/Power by epepke · · Score: 1

      What is not clear is whether and why society should prefer this arrangement.
      If society should give you this right, what does society gain in return?


      That's obvious. What they gain is that I write good software that benefits them, even though it's harder than making money by abusively exploiting people.


      Such as, for instance, that time when I led a team to write a 250,000 line visualization package, wrote my own terms of use, and gave it away including source for free.


      If society wants developers to be cogs in machines, then society shouldn't be outraged when they operate like cogs in machines and keep turning out the same old crap.


      Look at copyright law. It's obviously a restriction on free speech. It's legally recognized as a restriction on free speech. It's there on the grounds that society benefits from having lots of writers writing lots of original stuff, and that wouldn't happen as much if they couldn't control their work. The same is true of software development.

    34. Re:Freedom/Power by Proud+Geek · · Score: 2

      Actually, your views aren't so bad to me as a programmer. I know exactly what I'd do under your utopia. I'd set myself up as a service provider, and charge a nice fee for anyone to use my service at my facilities.

      Life goes on. The Taliban weren't able to destroy every television, and neither will you be able to shut down my enterprising spirit.

      --

      Even Slashdot wants to hide some things

    35. Re:Freedom/Power by kin_korn_karn · · Score: 2

      You're using the noun-adverb form (can't remember the proper term for that) of 'art' there, which is basically the same thing as craft. Art as a concept (i.e. as a strict noun) is what I said it was.

      Take two painters. One paints pictures on canvas. One paints the walls of houses. Both engage in the art of painting. But which one is creating art, and which one performs a craft?

      For that matter, I could talk about being a master of the art of defecation, and be grammatically and etymologically correct, but nobody's going to call that a work of art :)

      English is a fsck'ed up language and that's why we can even argue about this - too many synonyms.

    36. Re:Freedom/Power by kin_korn_karn · · Score: 1

      Oh shit, I'm letting myself be trolled...

      Obviously, you don't live out in the real world, or you'd never argue against being selfish and caring about anyone except one's self. To do anything different outside of a dorm room or mom/dad's house is to be a moron. The world just doesn't work that way, because people are inherently bad and will take everything from you if you give them the slightest opening.

    37. Re:Freedom/Power by kin_korn_karn · · Score: 2

      And let me put it this way: If you've never been moved by a beautiful piece of code, you're no programmer.

      I guess I'm no programmer then :) To me beauty is a concept that doesn't extend to code. Code just IS - sometime's it's poorly done, sometime's it's well-done, but jesus christ, it's not the equivalent of the Sistine Chapel...

    38. Re:Freedom/Power by the+eric+conspiracy · · Score: 2

      It's very easy to understand why developers might prefer to retain control. What is not clear is whether and why society should prefer this arrangement. If society should give you this right, what does society gain in return?

      Society gains my software. If I don't retain adaquate rights to my work after release, it doesn't get released. I keep it a deep dark secret. Just like the trades and guilds did their technology before the advent of patent law in the 18th century.

    39. Re:Freedom/Power by the+eric+conspiracy · · Score: 2

      To me beauty is a concept that doesn't extend to code.

      What code? To me Minsky's implementation of a Universal Turing Machine is quite beautiful.

    40. Re:Freedom/Power by sydb · · Score: 2

      people are inherently bad and will take everything from you if you give them the slightest opening.

      Correction, SOME people are inherently bad... enough to make life pretty difficult but certainly not the majority.

      That's a very twisted world view you've got.

      --
      Yours Sincerely, Michael.
    41. Re:Freedom/Power by sydb · · Score: 2

      So.. you're the craftsman and bug1 is the artist.

      And I wouldn't call taking a shit 'craft'... in any circumstance

      --
      Yours Sincerely, Michael.
    42. Re:Freedom/Power by Anonymous Coward · · Score: 0

      As a matter of pure fact, there IS some legal precept paramount to the greater social good. The rights of the individual. I hope you're not leading into a "we are but cells in a greater organism" blurb, because I really think that's fucking stupid. And that's all I have to say about that.

    43. Re:Freedom/Power by Anonymous Coward · · Score: 0

      Society is comprised of individuals, you nitwit.

    44. Re:Freedom/Power by kin_korn_karn · · Score: 1

      You're obviously not out of college yet. Once you get in the real world, you will understand completely what I'm talking about.. until then, for your sake, I'd advise you to stop making a naive ass of yourself.

    45. Re:Freedom/Power by kin_korn_karn · · Score: 1

      No, we're both craftsmen. His ego and his blind hero worship of RMS and other programmers just won't let him admit it.

      Of course taking a shit isn't a 'craft'. That was an example of how english is a totally non-definite language where any word can be applied to anything and there's an argument for each and every application.

    46. Re:Freedom/Power by sootman · · Score: 1
      1 little thing...

      One of the underlying assumptions that GNU has, (which I happen to agree with) is that programs are generally useful technical information, just like mathematical formulas or cooking recipies.

      How about Col. Sanders' chicken or Mrs. Field's cookies? My feeling is that once you release a product into the public, you accept a certain risk that people will take it apart and see how it works, and if they successfully clone it, you're SOL. However, just because you're releasing a finished product to the world, that doesn't mean you have to release the blueprints. People should be allowed to profit from their innovations. (Whether they should be allowed to profit from illegally destroying their competition is another matter entirely.) There are scores of recipies out there for chicken and cookies, but if Col. Sanders and Mrs. Fields want to keep their particular recipies secret, they certainly have that right. If they wish to distribute their recipies to make the world a better place and/or let others improve them so they themselves can eat tastier food and/or achieve worldwide fame, hooray for them. However, they (along with most software manufacturers) sell consumer goods that are not required by everyone to sustain life. You can buy other cookies or chicken, or make your own, or do without them. Same with software. Don't like paying for Photoshop? Use PhotoPaint, or the GIMP, or write your own, or don't edit photos.

      Basically, you should be allowed to do with your creations as you wish. If you decide it's crap and throw it in the trash, fine. If you like it but want to keep it to yourself, fine. If you want to release a finished product based on your idea but not tell people how to make it, fine. If you want to make the information available to the world at large, fine. It is something you created. Do with it as you wish.

      Licensing is a whole other kettle of worms but I don't want to open that can of cats and let those fish out of the bag right now. Extolling the virtues of creation is tiring, not to mention the strain involved in mixing metaphors.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  10. Where is that GNU icon from? by moreati · · Score: 0, Offtopic

    What is the icon that slashdot uses for GNU meant to be? To me it looks like a goat with a security blanket sucking his/her/it's thumb.

    Really this isn't a piss take, i do want to know.

    (Yes, I'm that bored right now)

    Alex W

    1. Re:Where is that GNU icon from? by Ozx · · Score: 0

      It's a baby gnu you retarded fuck... Buy a frigging dictionary...

    2. Re:Where is that GNU icon from? by Anonymous Coward · · Score: 0

      Heehee - just got the "Linus" part from that description (GNU/Linux?). And is a Gnu some sort of mountain goat? That'd make some sense.

    3. Re:Where is that GNU icon from? by Anonymous Coward · · Score: 0

      Looks like a penis with red testicles to me.

  11. Michael, I don't get it by Anonymous Coward · · Score: 0
    , it's pretty clear that true freedom would not let one person control what another does with software.

    Doesn't this sound like the GPL??
    If I decide to take a GPL product, and release a modified, closed version, isn't that my freedom to do so? Isn't my freedom deprived by the GPL?

    Please enlighten me, Michael, you seem to be able to define freedom for all.

    1. Re:Michael, I don't get it by Anonymous Coward · · Score: 0

      A most important freedom is the freedom to shut down websites.

      http://www.spectacle.org/0201/sethf.html

  12. Copyrights have a specific purpose by mangu · · Score: 2

    In the US Constitution, Copyrights and Patents exist to "promote the Progress of Science and useful Arts". If, due to any circumstances, they do not do that, they have no reason to exist.

    It seems that some debate is needed to insure that those mechanisms still serve their original purpose. When a licence is used just to ensure a continuing flow of profits, without any new works being created, the Copyright or Patent is, technically, forfeit.

  13. Fags mods by Anonymous Coward · · Score: 0

    A joke about gays should be either (-1, offtopic) or (+1, funny). Only fags think fag jokes are flamebait.

    1. Re:Fags mods by Anonymous Coward · · Score: 0

      Liar. You can't post and mod. Believe you me, I've tried.

    2. Re:Fags mods by Anonymous Coward · · Score: 0

      moderation, good one dick head : see shit -1 above ALL of your posts. It means you are a cock head.

  14. Copyrights, Licenses and Patents by PeteMcBreen · · Score: 2, Insightful

    Rather than debate over the types of licences developers are allowed to choose for the software they write, we should instead look at whether it is OK to prevent developers from writing software.

    As currently set up I can apply for a license [read Patent] that prevents others from using an idea. This is a much more fundamental issue that the debate over what rights a developer is willing to grant users in a software license. After all, there is nothing to prevent other software developers from producing a competing product providing we solve the patent issue.

    At that point, if you do not like the fact that Eric releases some software with a proprietary license, anyone is free to create a competitive product and GPL it. Then the users can decide. Right now, with patents, creating a compatible clone can be impossible.

    --
    Author, "Software Craftsmanship The New Imperative" Addison-Wesley (C) 2002
  15. Offending the moderates by banky · · Score: 5, Interesting

    I think RMS and the FSF are going to start losing ground, because they're going to fall into the trap of many politicians who want to change the world: they're going to offend the moderates.

    I'm speaking as a USian, of course. As everyone knows, despite the media's obsession with polarized (right and left) politics, the US population is really a vast pool of people with relatively moderate views. Sure, some of them are sharply polarized about *issues* (abortion rights, the economy, whatever), but by and large, they're in the middle of the political spectrum. The first thing a candidate does is hit up his support of the issues while trying to not appear too far to one side, lest he offend the moderates.

    There are a lot of people who like the GPL, because it prevents proprietary lock-in and helps create a sense of empowerment and community. The problem, I feel, is that once you put the GPL in your code, you're putting it (and yourself) into the "camp" of the FSF. You're now essentially signing on to the RMS/FSF game plan, even if all you wanted was to see your code not get folded into a proprietary product, and let as many people as possible play with things.

    MS kept saying, once you start down the path of the GPL, there's no going back. I hate to say it, but maybe they're right. For all their talk about a software "ecosystem", contrasted against stuff like this, it makes me think they (MS) might have been right after all.

    --
    ZOMG I WOULD LOVE TO KNOW ABOUT YOUR FEELINGS ON MACINTOSH VERSUS WINDOWS, VI VERSUS EMACS, AND HOW YOU'RE NOT A DORK
    1. Re:Offending the moderates by mangu · · Score: 4, Informative
      MS kept saying, once you start down the path of the GPL, there's no going back.


      But, wait, doesn't the copyright owner have the power to put the work in the public domain? Or under another licence?

      Is there anything in the GPL that says I can't give my work to Peter under the GPL and to Paul under the BSD licence? (And to Bill under the MS-EULA, of course... :)

    2. Re:Offending the moderates by krogoth · · Score: 2

      You can of course make up your own license that covers this. As for you first question, that was recently done with Tux Racer - an Open Source project was moved to a closed source license. They can do that, but all the old code remains freely available and was used to start (or continue) an open version.

      It's like if Microsoft released the Windows XP code under the GPL (ha!). Free developers could take it and improve it, but in a couple of years there would be two or more improved versions of the same starting code base competing, because the GPL release would not have any effect on further development under a closed license.

      --

      They that quote Benjamin Franklin on liberty and safety deserve neither.
    3. Re:Offending the moderates by Uruk · · Score: 2

      I think RMS and the FSF are going to start losing ground, because they're going to fall into the trap of many politicians who want to change the world: they're going to offend the moderates

      You seem to be thinking of all of this as some primarily political abstract dance whose only consequence is who seems more popular in the public eye.

      This is about SOFTWARE. Not about popularity. Not about who has the most money. It's about whether or not people are going to have the ability to control the software that controls many aspects of their lives. It's not some political debate where the person who kisses the most babies wins, it's about freedom.

      Several years ago, fans of GNU and Linux were always talking about what a "revolution" it was, and how it was fundamentally different thinking, and how everything was going to change. Now, they seem to have abandoned that in favor of discussions about whether or not a particular "open source" company is going to make money or not, political arguments about whose the better speaker, (Tim O'Reilly or ESR, etc) and who can better represent "the community". (Implicit in all of that talk is the assumption that you or I know what is best for the community, how they are best represented, or what is easist)

      Well screw the politics. GNU is offering you freedom in your software. Nobody's forcing you to take it. If you'd rather have the shackles of proprietary software, go use the proprietary software, and you may just find out why everybody's been talking about GNU/Linux for so long.

      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    4. Re:Offending the moderates by AndrewHowe · · Score: 3, Funny

      Yeah, right. Remember when the whole ESR thing kicked off, and everyone was dead worried about forking?
      Well that's the problem with what you're saying. Sure I could buy a license for some source, but at that point I'm effectively forking that source.
      If you think writers of proprietary software don't want to release changes they make to (say) LGPL'd source... You're dead wrong.
      But who are you trying to kid? You think I'm gonna buy a non-GPL license to some source, and continue to get the benefit of other peoples' changes? Even if I contribute my own changes?
      You must think I was born yesterday!!!
      I read the article... And I think Stallman is really losing it. I remember, when I was at Uni some ten years ago, I was into emacs and all the rest. But he needs to chill out. Seriously.
      No power to choose a license? Umm unless your initials are RMS? Muahahaha!!!
      One license to bind them all!!!
      Fuck you, Mr. Stallman.

    5. Re:Offending the moderates by kz45 · · Score: 0

      Open Source project was moved to a closed source license. They can do that, but all the old code remains freely available and was used to start (or continue) an open version.

      From a commercial standpoint, this does pose a problem. Anyone and their brother can just GIVE your software away for free, and you can do NOTHING about it. (my rights as a programmer are given to the people using my software)

      What other reason is there to go closed source, than to make money?

      This is why it is a bad idea to ever release your code under the GPL, if you plan on closing the source.

      using the GPL sacrifices the rights of the programmer, for the rights of the user.

    6. Re:Offending the moderates by Anonymous Coward · · Score: 0

      Yes, screw the politics.
      I write proprietary software, and I don't want you to control me.
      Understand? You see how I made it very simple for you?

    7. Re:Offending the moderates by banky · · Score: 2

      Popularity may be the wrong phrase, but it is about hearts and minds. If you cannot convince the moderates that releasing under the GPL is the way to go, then where are you?

      Let me give an example. About a year ago, a developer I worked with upgraded his systems. He was left with a Frankenstein machine, which upon some inspection, was a perfect Linux candidate. "You should put Linux on it," and he did. After a bit of debate, he decided to work on his latest project, "porting" to Unix/Linux and Qt as he went. He would have NEVER done this, had he seen this article. He wanted to get his feet wet, and as a moderate, he would have honestly been scared by the GPL.

      That's heart and mind lost. I don't buy that, "If you don't get it, we don't want you" crap. We want everyone.

      --
      ZOMG I WOULD LOVE TO KNOW ABOUT YOUR FEELINGS ON MACINTOSH VERSUS WINDOWS, VI VERSUS EMACS, AND HOW YOU'RE NOT A DORK
    8. Re:Offending the moderates by Anonymous Coward · · Score: 0

      it makes me think they (MS) might have been right after all.

      So what are you going to do, license your code under a Microsoft-like EULA??

    9. Re:Offending the moderates by Dwonis · · Score: 2

      As for you first question, that was recently done with Tux Racer - an Open Source project was moved to a closed source license.

      What? When did this happen? URL?

    10. Re:Offending the moderates by Anonymous Coward · · Score: 0

      Hah, you are using the USian definitions for "right" and "left" wrt to where one stands politically. Remember, to the average European, the so-called "left" in the US is more right-wing than many right-wing parties in Europe. Which would, according to your article, make all the USanians right-wing nutters.

      (Which, I find, isn't that far from the truth, especially in light of recent events.)

    11. Re: Offending the moderates by argoff · · Score: 2

      Half the point is that this is not about a popularity contest. Niether were freedom of speech, the right to bear arms, or half the other rights we enjoy for that matter. These rights we take for granted every day offend most the moderates in the rest of the world. Even here, not so long ago, freeing slaves offended most of the moderates as a form of stealing.

      MS is wrong, going down the path of copyrights is where there is no turning back - they started out as short term incentives 200 years ago, now they are eternal corporate "properties", that trump most our first amendment rights. Just look at all the DMCA court cases, these are copyrights brought to their logical conclusion. Surely we couldn't expext to tell all these entities that they have glorious intellectual property rights without wanting them to secure these "rights"

    12. Re:Offending the moderates by Lunastorm · · Score: 1
      Well screw the politics. GNU is offering you freedom in your software. Nobody's forcing you to take it. If you'd rather have the shackles of proprietary software, go use the proprietary software, and you may just find out why everybody's been talking about GNU/Linux for so long.

      I love how you use shackles to describe closed-source software as if it's all bad and the GNU is divinely. Propaganda is such a great thing.


      As for those who find out what GNU/Linux is about and try it out and use it, they will be thankful and they may eventually just find out why everybody thinks RMS is a fucking psycho.

      --
      You die too easily.
    13. Re: Offending the moderates by Anonymous Coward · · Score: 0

      Or the right to own property. Why do you leave that one out?

      Maybe because you are an intellectually bankrupt little child who does not understand what freedom really means.

      Go live in Afghanistan for a year, and report back to us on software communism and how important it is to exert your freedom on others property.

    14. Re:Offending the moderates by Anonymous Coward · · Score: 0

      Well screw the politics. GNU is offering you freedom in your software. Nobody's forcing you to take it

      Yep. Too bad for me if 'the code' sucks, I make improvements, and am *forced* to make it available.

      Yea, real free. I mean, according to that communist hippie bullshit those GNU fuckups spew, I thought it was supposed to be *my* freedom they were concerned about.

      Makes me wonder what would happen if the GPL was tested in court and failed.

      "Why can't we all just get along" ... and the GNU people admit that the BSD license is more free, but that their personal preference is the GPL? Is it that hard? I'm a die-hard Yankees fan (19+ years), but I'll admit that the Chokebacks beat them.

      Look what happened to VirtualDub ... had it progressed any more, it would have gotten the courts and lawyers involved, and I think it's safe to say the less lawyers the better.

    15. Re: Offending the moderates by argoff · · Score: 1

      Or the right to own property. Why do you leave that one out?

      Maybe because you are an intellectually bankrupt little child who does not understand what freedom really means.

      Go live in Afghanistan for a year, and report back to us on software communism and how important it is to exert your freedom on others property.

      Or the "right" to own slaves? Why leave that one out?

      Maybe it's because not everyone understands that just because the government calls something a property right does not mean that it is.

      Thanks for your Afgan offer, but the good ole US of A is doing plenty to restrict peoples freedoms here (even though granted, we are better than most places in the world)

    16. Re: Offending the moderates by Lunastorm · · Score: 1
      Maybe it's because not everyone understands that just because the government calls something a property right does not mean that it is.

      Just like someone saying that everybody has a right to free software doesn't mean that they do.

      --
      You die too easily.
    17. Re: Offending the moderates by Anonymous Coward · · Score: 0

      "Or the "right" to own slaves? "

      Odd, that right is not listed in the Constitution, whereas intellectual property rights are.

      I still encourage you to go to Afghanistan so you can understand what freedom is. Then maybe when you come back you will stop trying to impose your power over my freedoms.

    18. Re:Offending the moderates by krogoth · · Score: 1

      It was on slashdot... You can read it here

      --

      They that quote Benjamin Franklin on liberty and safety deserve neither.
  16. Wait ... by SimplyCosmic · · Score: 1

    So the user's freedom (power) is more important that the freedom (power) of the person who works on the program?

    o_O

    1. Re:Wait ... by kz45 · · Score: 0

      So the user's freedom (power) is more important that the freedom (power) of the person who works on the program?

      that's what stallman would like you to believe. The minute you create a program, like information, it needs to be "free".

    2. Re:Wait ... by Mike+A. · · Score: 1

      Well, technically, it's not the minute you create the program, it's the minute you let anyone else use it.

      --

      --
      Do I look like I speak for my employer?
    3. Re:Wait ... by hearingaid · · Score: 2

      No.

      This is a fundamentally wrong perception, and is at the root of nearly all the current problems in the software industry.

      Everyone who uses a computer program works on it. Yes, even the ones who don't code.

      Everyone who works on a computer program uses it. I hope this part is obvious.

      Everybody who uses a program has something to contribute about it. Talk to a secretary about M$ Office sometime: you'll probably learn some things.

      This was the real revolution at Xerox Parc: the idea that ordinary users should be consulted, not just coders.

      This is why I'm involved in OSS: I think that we should eliminate the distinction entirely, and ordinary users should be given the power to code. It's also why I like Apple: they, more than anyone else, incorporate the insights of, well, normal people into their interfaces.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    4. Re:Wait ... by SimplyCosmic · · Score: 1
      This was the real revolution at Xerox Parc: the idea that ordinary users should be consulted, not just coders.

      Consulted? Sure. Obeyed? Not necessarily.

      People who use your program are a great source of information, but their use doesn't create any sort of contract on how you have to behave in regards to that program unless you've agreed to one.

      While the secretary, in your example, might be a good source of ideas to increase usability, she's not the driving source behind actual work on the project, the programmers are. And since they're the ones doing the actual creation, albeit with the help of the users, they deserve the right to determine what they want their program licensed under.

      The user still gets something out of this interaction, and that's a better program.
    5. Re:Wait ... by hearingaid · · Score: 2

      The demarcation is because we've erected an artificial barrier between programmers and non-programmers.

      Programming isn't hard. Nearly any reasonably bright person can learn some simple programming skills. Sure, the Elite Coder will still be a rare thing, but I don't think the current setup where we have a wall between coders and non-coders is a good idea.

      And, to some extent, user interface developments have been in agreement with me. The typical desktop is now much more customizable by the end-user than its equivalent of the mid-80s. Why did disk-loading operating systems take over? ROMs boot much, much faster; disk-loading systems are more customizable.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    6. Re:Wait ... by Anonymous Coward · · Score: 0

      Oh no, programs want to be free... If you don't let others use it, you are stifling the program's freedom!

  17. Untitled by goatman.cx · · Score: 2, Funny

    after having read this essay, the author strikes me as a person who would order a sandwich for lunch without lettuce, gets a sandwich with lettuce, would proceed to eat it, then demand not to be charged for the sandwich, as he did not order lettuce on it.

    --


    ---------
    Fuck you, motherfucker. Fuck yous to: Rob "Taco-Snotter" Malda, Homos, Kowboi Kneel, and RMS.
  18. Michael, you are truly a moron by Anonymous Coward · · Score: 0
    Almost everything in society is a completely man-made creation. All laws, government, morals, etc. are defined by humans to maintain basic society.

    Freedom itself is a man made entity too Michael, you jackass.

    Try not to sound to stupid next time.

  19. Nut philosophy by lukel · · Score: 2

    However, one so-called freedom that we do not advocate is the "freedom to choose any license you want for software you write". We reject this because it is really a form of power, not a freedom.

    This oft-overlooked distinction is crucial. Freedom is being able to make decisions that affect mainly you. Power is being able to make decisions that affect others more than you. If we confuse power with freedom, we will fail to uphold real freedom.


    This is just plain stupid. Everything anyone does affects others in some sense. Who it mainly affects is a matter of opinion.

    1. Re:Nut philosophy by Anonymous Coward · · Score: 0

      Don't put words in their mouths. They said:

      "Power is being able to make decisions that affect others more than you"

      your "rebuttal" to this: "Everything anyone does affects others in some sense".

      So what? You're not attacking his argument, you're attacking a straw man. You missed (didn't read?) the bit that says "that affect others more than you".

      This is a legimate definition of power. To take a grossly over-simplified example, if you have the power to burn down my house, your decision to burn down my house affects me more than you (I'll be homeless). Freedom to choose if you want to burn down my house or not is not freedom, it is power.

    2. Re:Nut philosophy by lukel · · Score: 1

      This is a legimate definition of power.

      Well if you don't mind power depending on opinion, I suppose its legitimate. The problem is that people's opinions differ.

    3. Re:Nut philosophy by hearingaid · · Score: 2

      Oh, how I love reductio ad absurdum... :)

      This is just plain stupid. Everything anyone does affects others in some sense. Who it mainly affects is a matter of opinion.

      Let's take this sentiment, and put it into a new context:

      This is just plain stupid. Every time somebody kills anyone, then it's deliberate in some sense. Whether it's deliberate or not is a matter of opinion.

      And yet, our courts seem to have little trouble with the concept of "murder" as being distinct from "manslaughter." Just because something's hard to figure out, doesn't mean it's not a useful test, in itself.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    4. Re:Nut philosophy by lukel · · Score: 1

      No. Whether something's deliberate or not is a matter of fact - i.e. it is deliberate if and only if the result was intended. On the other hand, whether something mainly affects A or B is not, it depends on the subjective weights you apply to different actions.

  20. Level Playing Field by chill · · Score: 2

    In essence, Stallman & Kuhn are saying "you do not have the right to tell others what to do with your software". However, by making that statement themselves, they are asserting that very right for themselves. Do as I say, not as I do.

    These statements are no better than Microsoft's leverage with the OEMs forcing them to not change the boot loaders; not included non-MS software and other non-competitive measures.

    All other things being equal, GPL software should win out over proprietary licenses on cost and ease of administration (license tracking, etc.) alone. We only need a level playing field -- not one tipped one way or the other by Microsoft OR the FSF.

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:Level Playing Field by Anonymous Coward · · Score: 0

      Is a government illegitimate because, while it declares it illegal to imprison others, it imprisons those that break its laws?

      I suppose a true anarchist would answer "yes", but for the vast majority of us who accept the idea of government, the answer is "no".

      This discussion is about what laws the government should promulgate regarding software licensing in order to best serve the interests of its citizens. You may disagree with RMS's suggested laws -- I certainly do -- but I don't think its reasonable to reject the idea of their being a law different from the status quo in the first place.

    2. Re:Level Playing Field by istartedi · · Score: 2

      What you have just said was said best by ESR:

      "Either open source is a net win for both producers and consumers on pure self-interest grounds or it is not. If it is, you cannot lose; if it is not you cannot (and should not) win."

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    3. Re:Level Playing Field by amorsen · · Score: 1
      "Either open source is a net win for both producers and consumers on pure self-interest grounds or it is not. If it is, you cannot lose; if it is not you cannot (and should not) win."
      Either abolishment of slavery is a net win for both slave owners and slaves on pure self-interest grounds or it is not. If it is, you cannot lose; if it is not you cannot (and should not) win.
      --
      Finally! A year of moderation! Ready for 2019?
    4. Re:Level Playing Field by chill · · Score: 1

      Depends on the government and why they imprison others. The Taleban or China are not on the same moral playing field as, for example, Canada when it comes to whom to imprison for what. This is one reason there are revolutions.

      --
      Learning HOW to think is more important than learning WHAT to think.
    5. Re:Level Playing Field by istartedi · · Score: 2

      Your retort only makes sense if you swallow the idea that "proprietary software"=="slavery".

      My definition of slavery is compulsion to work without wages. Where in the current IP scheme does slavery occur? Nobody is compelled to purchase Windows, much less work on it without pay. MSFT's employees earn handsome wages. The only thing that even comes close to slavery is graduate students being compelled to work on Free Software to complete a thesis, and not receiving minimum wage from corporations in return.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    6. Re:Level Playing Field by amorsen · · Score: 1
      Actually my argument does not hinge on whether proprietary software is similar to slavery. I have never claimed the similarity, and you clearly demonstrate that they are not the same. Try this:

      "Either X is a net win for both Y and Z on pure self-interest grounds or it is not. If it is, you cannot lose; if it is not you cannot (and should not) win."

      This assumes that X cannot be so great a benefit for Z that the loss to Y is insignificant in comparison. Clearly when you fill in X="abolishment of slavery", Y="slave owners", Z="slaves", you see that there is a case in which X can (and should) win. This is a counterexample, so therefore the original argument made by ESR is invalid.

      I am sure that it is possible to come up with counterexamples that have different values of X, Y, and Z. However, I could not quickly think of one, and one counterexample is enough for the invalidation.

      Saying that thesis work even comes close to slavery seems a bit extreme to me.

      --
      Finally! A year of moderation! Ready for 2019?
    7. Re:Level Playing Field by istartedi · · Score: 2

      A*A + B*B = C*C

      When you fill in A=1, B=100 and C=2 you see that this is a case where the equation does not hold. This is a counterexample, so therefore the original arguments made by Pythagoras are invalid. :)

      By simply substituting items into ESR's statement, you are ignoring the context within which the statement was made and the nature of the items to which ESR was referring.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  21. My daily prayer by mami · · Score: 1

    Dear God, give me the power to be free or give me the freedom to have power, whatever comes first.

    God: What do you want to do with your power?

    Me: I want to defend my freedom.

    God: What do you want to do with your freedom?

    Me: Hmm, I have an idea, but I better ask the /. Gods first, if they give me the freedom to tell you.

  22. A key paragraph by smittyoneeach · · Score: 1

    If code is law, as Professor Lawrence Lessig (of Stanford Law School) has stated, then the real question we face is: who should control the code you use--you, or an elite few? We believe you are entitled to control the software you use, and giving you that control is the goal of Free Software.

    Code is a means to describe information flow in a system. Currently binary in some sort of chip confection.
    To the extent both code and law describe systems, the analogy is not complete hogwash. Law seems to pertain to socio-economic interactions, whereas software is bounded by imagination, if not taste.
    Attempting to say ( code == law ) seems to be in questionable taste.

    10 year prediction:

    The Free Software movement results in a market spectrum with adequate, free stuff meeting modest requirements, and higher performance, proprietary stuff for those with pesos and performance requirements.
    We still enjoy the polar opposites of Stallman and Gates, but neither extreme can eradicate the other.
    Gates is still the poster child for Blatant Monopolists'R'Us.
    Stallman sounds more like Karl Marx.

    See you in 10.

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  23. GPL isn't the logical conclusion by mlinksva · · Score: 1
    However, one so-called freedom that we do not advocate is the "freedom to choose any license you want for software you write". We reject this because it is really a form of power, not a freedom.
    Choosing GPL is still choosing a license, a form of power. The logical conclusion of the above is that we'll only obtain freedom when licenses, and hence the choice of license, become unenforceable and irrelevant -- when copyright is overturned and all code is public domain, no matter what anyone says.
  24. Tolerance by Macrobat · · Score: 1
    It reminds me of the debate about "tolerance" when it comes to other people's viewpoints. People say they advocate tolerance until it comes to tolerating the intolerant (e.g., Nazis freely assembling in Skokie, or Leonard Jeffries speaking about the evil "ice people"). I remember some people, apparently with no sense of the irony involved, petitioning to halt a Klan march in Ann Arbor with signs that read, "No free speech for fascists!"



    To me, RMS resembles nothing so much as those deluded protesters.

    --
    "Hardly used" will not fetch you a better price for your brain.
  25. Editorial note... by seebs · · Score: 2

    The editorial note is fundamentally misguided. Some freedoms are also powers. By opposing other people's freedom to choose licenses, Stallman is also pushing for *his* power.

    You can't just draw a line and say "these freedoms are really freedoms, others aren't". Free speech is the power to hurt people's feelings; freedom of association is the power to form unions. If we allow people to choose terms for their software, they can, indeed, do so. This doesn't mean it's not a form of freedom; it just means that Stallman is dogmatic, rather than philosophical, about freedom. The freedoms he wants are the only ones he will recognize; this is no different from other people who recognize only those freedoms their dogma encourages.

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  26. Is the right to license any way you want freedom? by Fyndo · · Score: 2, Insightful
    Possibly. If you accept the existance of copyright as a natural right, rather than a right granted by governments for the common good. If the latter, then a right to license any way you want is not so clearly a "freedom" as you're using the force of copyright law to obtain your ends. In the US copyright is not held to be a "natural" right, and there are already limits on licensing (see also, fair use). The courts have been pretty good about saying that you can't just come up with a license that takes away fair use. Stallman's position is more in line with the courts (that there are licenses that are contrary to public interest, and hence verboten), than the idea "I can do anything I like with my license".

    Or should the RIAA and MPAA and all their friends be allowed to write licenses that are contrary to the public interest.

    I'm not sure I agree with Stallman about all which licenses are contrary to the public interest, but I agree they exist, and you should not have the "freedom" to use copyright law to enforce them....

  27. Absolute freedom by 3seas · · Score: 1

    There is that outside the scope of patents, what is not patentable and therefore cannot be restrained from freedom of use by anyone.

    The problem with software, abstraction manipulation mechanics, the natural laws of the physical phenomenon of how we create and use abstractions, is that it has not yet been honestly established, verified and publicly taught, made out as common knowledge and common sense.

    As such there is much that is currently protected by Intellectual Property Law in regards to Software which should not be.

    For genuine computer science to establish such things, genuine software engineering would also become much better established as well as the line between what is and is not IP protectable in software.

    Once these this identifications happen, I really don't think there will be any conflict between what people like RMS, ER, T o'R, and the many other IP interested parties would agree upon.

    It's like we are living in the age of witches and magicians with their magic spells, all of which eventually vanished away completely when chemical engineering established chemical mega-plants. Only with software we haven't gotten away from the crystal balls, majic wands, and boomsticks.

    .
    .

  28. Remember .... by taniwha · · Score: 2, Informative

    not everyone who reads or posts to /. is in the US ... so, in this context at least, the contents of our constitution are not an absolute

    1. Re:Remember .... by mangu · · Score: 2

      I don't live in the US, nor am I a Gringo. However, I think the US Constitution is admirable in its simplicity and objectivity. If, in any other country, copyrights and patents have any purpose other than those specified in the first article of the US Constitution, I would like to hear what they are.

      No matter what country you are in, laws don't exist in a vacuum, they always have some reason to exist. And the whole idea of "intellectual property" is debatable, if not meant to encourage further development of the Arts and Sciences. What harm could it cause someone to copy their works? Copying does not remove the original good from the owner's hands.

  29. BSD vs GNU vs proprietary licenses by Saahbs · · Score: 1

    I have no problem with neither of the above mentioned licences, but I reject anybody's claim that I should not have the right to choose license for software I write. RMS is doing a disservice to open source community which can more than stand on its own merits. After all, it was the VOLUNTARY will of developers to assign GNU licences to their software which made open source what it is right now. Instead of just stopping and seeing how far FSF got, and how influential GNU licensed software has become, RMS will once again allienate open source lurkers and old hats alike.

    Software is damn expensive to create and maintain, but as long as a given company doesn't employ software patents, DMCA and like, I don't have a problem with proprietary licenses. They have their right to exist just as does BSD license.

    --
    "its things like these that make me want to become a tree farmer" - Chad H.

  30. I wonder what Mr. Wall would have to say... by imrdkl · · Score: 2

    I've always considered Perl's Artistic license to be in the truest spirit of freedom.

  31. freedom IS power by pompomtom · · Score: 1

    End of story. Nothing to see here.

    --

    Buckets,

    pompomtom

    "There's an exception to every rule. Except for some rules"
  32. Propietary *game* software by goatman.cx · · Score: 1

    Does Mr. Stallman also feel that Nintendo, Sega, and Sony software for propietary game consoles should fall under a GPL-like license? If so, I would have to laugh at such a rediculous notion existing.

    --


    ---------
    Fuck you, motherfucker. Fuck yous to: Rob "Taco-Snotter" Malda, Homos, Kowboi Kneel, and RMS.
    1. Re:Propietary *game* software by hearingaid · · Score: 2

      I doubt any of those three companies would care if it did.

      They've got patented technology in their consoles, you know, hardware. :)

      M$ might have a problem with the XBox, though.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  33. Another way to look at this... by Uruk · · Score: 3, Insightful

    GNU wants to give you freedom.

    Nobody has the freedom to do things that are harmful to others. Nobody complains about not having the "freedom" to kill people, because that's not a freedom people have.

    Similarly, GNU grants you every freedom except one - you can't take freedom away from other people by relicensing the software with restrictive conditions that don't give the people the same freedom you had.

    To take freedom away from people, (i.e. not giving them the freedom that you had) is not a freedom - it's an issue of power. Just as taking someone's life or property away from them is not a freedom, taking someone's freedom away from them is also not a freedom with respect to software.

    So it's not that GNU is "denying" you the freedom to license as you see fit, they just want to deny you the ability to take freedom away from other people, which itself isn't a freedom.

    --
    -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    1. Re:Another way to look at this... by seebs · · Score: 2

      On the other hand, what freedom, exactly, am I ever denying anyone? They have access to all the public code I do; if I don't produce code, they can't use it, so I can never be "taking away" their freedom to use it; they have such freedom only if I choose to create it.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    2. Re:Another way to look at this... by kz45 · · Score: 0

      Similarly, GNU grants you every freedom except one - you can't take freedom away from other people by relicensing the software with restrictive conditions that don't give the people the same freedom you had.

      The GNU is equivalent to hiring a person in your company, but they would have the same rights to you (the boss).

    3. Re:Another way to look at this... by Anonymous Coward · · Score: 1, Insightful

      1. I code something.
      2. I have all rights to that something.
      3. I allow you to use my something.
      4. Stop sniggering at the back.

      Where have I denied you freedom?
      I have, in actual fact, given to you by allowing you to use the result of my effort. Demanding that I allow you to modify and redistribute my something makes no sense. I'll simply skip step three and you'll have nothing. Step four always applies.

      Free Software advocates are classic examples of social parasites - you give them an inch and they try to take a yard.

    4. Re:Another way to look at this... by WildBeast · · Score: 1

      You're free to kill people, I don't see anyone stopping you.

    5. Re:Another way to look at this... by drj11 · · Score: 1

      Let's say A is giving away source code.
      B takes the source code and compiles it. B gives the compiled version to C, without giving B the source code.

      Has C been deprived of any freedom that B had? No, because C could get the source code from A, just as B did. Freedom has not been decreased by the act of B.

    6. Re:Another way to look at this... by sverdlichenko · · Score: 1

      You have freedom to use your car and you mustn't take this freedom away from me, right?

    7. Re:Another way to look at this... by bockman · · Score: 2
      Nobody has the freedom to do things that are harmful to others.

      Not so, IMO. Exactly the contrary. Every freedom granted to individuals implies the possibility to harm other peoples.

      Take the property right, and the way everybody (including you and me) are using it to prevent other people from living decent lives ( and not only in third world country, but in our own civilised cities ).

      In some case, we have laws to explicitily forbid 'bad uses' of freedom. In many others, we don't (And we shouldn't).

      I see power and freedom as two sides of the same coin. You can convert power in freedom and vice versa. I can give you freedom by giving up some of my power. This, in turn, empowers you: giving you freedom, I transferred power from me to you.
      This is actually what free software developers do, and it is a Good Thing. But it has to be a free choice. Cannot be enforced, either by law nor by cultural ostracism.

      --
      Ciao

      ----

      FB

    8. Re:Another way to look at this... by kcbrown · · Score: 1
      1. I code something.
      2. I have all rights to that something.
      3. I allow you to use my something.
      4. Stop sniggering at the back.

      Where have I denied you freedom? I have, in actual fact, given to you by allowing you to use the result of my effort.

      This is true only if you require nothing in return.

      But in the commercial sector, you allow me to use your something only under a very specific condition, namely that I pay for it.

      But if I'm going to pay for it, then once I have a copy of it in my possession that copy is mine, not yours, and I should be able to do any damned thing I please with it, because I paid for it. In essence, I exchanged some amount of my labor for some amount of yours.

      Now, it's reasonable for me as the buyer to come to some agreement with you as the seller as to what things I can do with the software in exchange for a lower price. But it is not reasonable for you to expect to get anything you want and to restrict me in any way you want simply because you are the originator of the software in question.

      The purpose of copyright is to encourage people to publish their work with the understanding that it will fall into the public domain after some limited period of time. IT IS NOT A PROPERTY RIGHT. It is an understanding between publishers and the public, an agreement that a limited monopoly is a reasonable payment (by the public) for the work if it falls into the public domain after a limited period of time.

      Now, because copyright is such an understanding, it follows that the public has certain rights with respect to copyrighted items during the monopoly period: it may make personal backups, take excerpts, etc., and in general may do whatever it pleases with the work in private, as long as it is not copied in whole and distributed to others. These exceptions to your absolute monopoly are reasonable.

      As the author of the work, you have a choice: you can exercise complete control over the work until it falls into the hands of someone else (perhaps even after, via contract), or you can exercise limited control over it and accept the protections and privileges afforded you by copyright law. YOU CANNOT DO BOTH. Nor is it, in my opinion, reasonable for you to expect to.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  34. RMS is correct by plastercast · · Score: 4, Insightful

    Almost everyone of the "RMS should mind his own business" posts here ignores the key argument that he makes. That freedom cannot be limited only to the producer, but also must be extended to the consumer (the code user here). This cannot simply be a bad choice one vs bad choice two, but needs to extend to some of the realities of the world. While it may be simple to say, "well, I have the freedom to make my own software" (which for obvious reasons isn't true for the vast majority of people) is false becase of the power pattents grant.
    They are arbitrary, not some divine (or as Rand would say, nature) given right. Say we live in a world where the software producer has total "freedom" to do what he or she would like. O'Riley and ERS would say that no one should have the "power" to take their right to this property away from them. What if the software or hardware pioneers had placed a pattent on a logic gate, or the word proccessor, or the browser, or any number of other broad areas like this. Think of how it would impact the rest of society, this untaped knowledge and technology that is now held from the public behind the iron bars of pattent and property. Sure, in theory I have the ability to say, I don't want to use product ABC with license requirements XYZ, but in pratice no such ability exists, as I must also sustain myself physically (food shelter, etc come to mind).
    The reality is that our actions inharently effect others, and the (IMHO) simple way of looking at property, code in this case, as comming with a absolute freedom/power to decide how others use it not only makes little sense philosophically, but also pratically.

    (sorry for the typos by the way)

    1. Re:RMS is correct by Anonymous Coward · · Score: 0
      What if the software or hardware pioneers had placed a pattent on a logic gate, or the word proccessor, or the browser

      This example does not validate RMS' argument. In your example, the choice is between a GPL-based system and a patent-based system, which are pretty much the two extremes. You ignore the in-between systems, such as people who develop closed-source, unpatented software. (which by default would not even be applicable to hardware)

      Your argument could be restated this way: "What would have happened if the software pioneers had written a closed-source word processor, or a closed-source browser?" And the answer would be "very little." The initial authors would have hopefully made some money (if that was the goal). If they made enough, competition would likely have swooped in and a healthy marketplace would have developed. With enough determination, free time, and ability, open source alternatives would begin to appear. Which is exactly the situation we have today.

      RMS does not allow this possibility, so to defend his point, you should discredit it.

      eric hackborn

  35. Not Doing Something vs. Doing Its Opposite by Anonymous Coward · · Score: 0

    I'd like to point out a distinction that many people may have missed - the FSF's position is that they will NOT advocate for the use of proprietary licenses in software. Is this the same thing as advocating AGAINST proprietary licenses? Maybe not.

    The FSF, like anyone else, isn't obligated by law or conscience to stand for anything, or stand against anything, unless they elect to do so. Nor have they come out and said (to my knowledge) "we will try to enact anti-proprietary-license legislation". All they are saying, at least as far as this article goes, is "we will not stand up in support of this thing".

    If RMS and company want to exercise their freedom of speech (in America, anyway) and not support something, why is anyone complaining?

    1. Re:Not Doing Something vs. Doing Its Opposite by Dr.+Awktagon · · Score: 2

      If RMS and company want to exercise their freedom of speech (in America, anyway) and not support something, why is anyone complaining?

      In a way, RMS is the grandfather of Open Source and Linux and all the stuff that the /. crowd uses everyday, and I think they get pissed at how hard line he is, and how political he is. They wish he would help the community more directly rather than ranting and raving about insignificant things all the time.

      I think he's doing just fine.. I'm smart enough to read what he writes and pick out what's important and what makes sense, and what's just politics or minutia.

      RMS isn't god, or president, he's just presenting his opinion.

  36. My freedom of choice is most important. by jon_eaves · · Score: 1, Insightful
    If I don't have the freedom of choice, then I can't choose to sell software to eat, which enables me to write software for the benefits of others. I can't contribute to the freedom of others unless I have the freedom to choose to feed myself.

    I have special skills (as do many here), I can transform code into working, useful applications, libraries, patches, whatever. It's what I do to sustain myself in an employment capacity.

    So, if I write some code at home, for myself, I can't even decide to keep it a secret. I have to release it and it has to be released under the GNU license because otherwise I'll be infringing on the freedoms of others in my power hungry quest for world domination. Yeah, right.

    Where's my freedom now ? It's strange that I might want to sell some of my software and give others away, and even write some just for my own pleasure. That's freedom, the freedom of choice, and quite frankly, RMS's infringing my rights to choose far more than Bill Gates has ever tried to do.

    So RMS, what do I do to live ? Sweep streets during the day, and write code all night so I preserve the freedom of others.

    You've lost the plot buddy. Give the game away.

    1. Re:My freedom of choice is most important. by AmbushBug · · Score: 1

      You seem to have missed the point of Free Software and the GPL entirely.

      There's nothing in the GPL or GNU or the Free Software movement that says you can 't sell code.

      90% of all software is custom made software for which the GPL doesn't apply. The GPL only applies to *publicly* distributed software. Most programmers will never write a single piece of publically distributed software during their whole career. So you can stop worrying about not making any money :-)

      If you write some code at home and want to keep it secret - go ahead. No one from the Free Software movement will bother you one bit. But if you decide to make that software available to the public (at some cost or no cost) then the Free Software movement wants to make sure that users (including other developers) will have the freedoms defined in the GPL.

    2. Re:My freedom of choice is most important. by jon_eaves · · Score: 1
      You seem to have missed the point of Free Software and the GPL entirely.

      No I haven't. I know exactly what the GPL and free software is all about. I have produced more publicly available software that 90% of people who post to slashdot have.

      Also, re-read the article that was posted. The essential statement is that any license that isn't the GNU approved licence reduces the freedoms for others. In case you didn't read my response, I wasn't particularly disagreeing with that, but pointing out what a mind-boggingly stupid assertion that is was, and that holding true to that philosophy would be of detriment to those who really care about producing code for others to use.

      All of my code is not released under the GPL because it restricts the freedoms of people to use my code to earn a living.

      There's nothing in the GPL or GNU or the Free Software movement that says you can 't sell code

      Stop trumpeting the party line. Sheesh. At least read a bit about me before you go and blather about stuff. It's like talking to a 14yo about sex. They've got plenty of repeated opinions, but none of them have done anything about it.

  37. Interesting read, but you're forgetting one thing. by uwmurray · · Score: 5, Insightful

    RMS,

    Please review Locke. People have property rights. If I put my efforts into thing X I have property rights to thing X and thus it is morally permissible for me, not you to decide how to distribute X, if at all.

    I, and many others here in the /. community agree with you, people/corporations ought to open up certain projects, as open source is good for the customer - but the notion that somehow software developers are somehow morally obligated to GPL their work is completely nuts.

    The ideals behind socialisms, either those of government or those of software, do not work. Without the ability to distribute property (of which software is a type) as one sees fit, one loses much economic incentive to develop in the first place.

    Please RMS, check your ego just a little bit and town down the sensationalism, its starting to get rather tired.

    Besides, some of my code is far to ugly to ever be open-sourced :)

    Cordially,
    Andrew Murray University of Washington

  38. GPL is not quite free enough for me. by Antti+R · · Score: 1

    GPL prevents me from helping my neighbor in some cases.
    For example, let's assume that I live in the middle of nowhere where there are no communication networks available. I have a GPL program which I have modified (fixed bugs, added small features), but I have lost the sources and have only a binary. My neighbor wants to have that program too, but I can't legally give my binaries to him because of GPL.

    1. Re:GPL is not quite free enough for me. by chromatic · · Score: 1
      I'll bite. Why can't you? If your neighbor never takes you up on the offer to make modified source available, nothing in the GPL prevents you from doing this. You probably ought to explain the situation to your neighbor and point at the upstream provider.

      Let's make a more ridiculous analogy. Let's say you're a fruitfly and you're a graduate assistant at MIT, and you're trying to write a Scheme interpreter in genetically modified mosquito DNA. How would the GPL prevent you from buying groceries for the poor family down the street?

  39. Which do you prefer? by Anonymous Coward · · Score: 0

    Zima, or XEMU?

  40. Consistency by YoJ · · Score: 5, Insightful
    I don't think most people who have posted have grasped the fundamental idea of what RMS is talking about. Here is a little test. Please answer the following questions truthfully:
    1. Do you think it is right for someone to hack a Tivo and add an extra harddrive?
    2. Do you think it should be legal to sell any copy of Windows that you no longer use to someone else?
    3. Do you think quoting a paragraph from a book in a written paper should be an illegal copyright infringement?

    If you think at all like me, then your answers are yes, yes, no. I think that if you buy a toy, then you should be able to take it apart and see what else you can make it do. If you buy Windows, you should be able to sell it to someone else after you are done using it. Quoting a paragraph from a book should be fair use.


    And yet the Tivo usage agreement says something about no reverse engineering or disassembling. Microsoft does not let you sell copies of Windows, even if you no longer use it. The third example is a right of consumers that is respected by volumes of law. How are they all similar? In every case the author releases their work under a restrictive license. In all three cases I think the restriction should not be legally binding. This means that I think that creators should not be allowed to release their work under any license they choose. I think there are restrictions that should not be enforced, and license "agreements" that I believe do not mean anything. This is what RMS is saying.

    1. Re:Consistency by Osty · · Score: 1

      1. Do you think it is right for someone to hack a Tivo and add an extra harddrive?

      "Right" or "wrong" depends on whether or not you care about your service package or not. When you buy a tivo, you own that tivo. You can hack it all you want. But you may no longer be able to use your service agreement, meaning you'll lose a lot of functionality of your tivo. Trade-offs must be made.


      2. Do you think it should be legal to sell any copy of Windows that you no longer use to someone else?

      Most people will make the analogy that if you buy a toaster, you can sell it off when you're done. However, with a toaster, you can't keep a copy of it yourself and sell off the original. That's what the licensing clause is aimed at. If you're no longer using your copy of Windows, give it to somebody else. But if you still have it installed, then it's illegal to do so.


      3. Do you think quoting a paragraph from a book in a written paper should be an illegal copyright infringement?

      If you properly cite your source, you'll have no problems. This has always been legal, as long as you're just quoting and you cite where/who you quoted it from. Now, if you're looking to get published, you may need to get permission from the copyright holder, but only if you use a significant portion of their work in your own (quoting a few lines, or a paragraph or two is just fine, traditionally).


      This means that I think that creators should not be allowed to release their work under any license they choose. I think there are restrictions that should not be enforced, and license "agreements" that I believe do not mean anything. This is what RMS is saying.

      This is bullshit. The creators are the ones expending time, money, and effort to bring you a product (piece of hardware, software, a book, whatever). Therefore, they should be allowed to distribute that product however they please. If they wanted, they could have a license that requires you to send them a nude pic of yourself (if you're female) or your girlfriend/wife/sister (if you're not female) in exchange for their product. Few people would use what they're providing, but that's not the point. The point is that the ones behind the creative effort have that right. The only right you have as a user is the choice of using that person's product (and thus, following the license on penalty of potential legal action), or not. What RMS is saying is that the users should have more rights than that, but RMS is somewhat of an idealist and doesn't undestand how the world works.

    2. Re:Consistency by bnenning · · Score: 2

      In each of your three cases, there was no contract between the user and the producer. Microsoft claims that their EULA prevents you from reverse engineering or reselling Windows; but in my opinion that the EULA is a meaningless document with no legal force, exactly as valid as me writing "by reading this post you agree to pay me $500". However, if Microsoft had required me to sign an actual contract before purchasing their software, and that contract stipulated that I was not allowed to reverse engineer or resell it, I see no reason why that should not be enforceable. If I don't like the terms of the contract, I don't have to sign it.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    3. Re:Consistency by Anonymous Coward · · Score: 1, Interesting

      Contract:

      Sorry but you don't have to sign a piece of paper to have a contract. At least in my country.

      I've had very few basics Law courses, but one thing i remember is that you have an unspoken/unwriten contract whenever you buy something with cash.

      Maybe someone who has studied Law more extensively can explain better..

    4. Re:Consistency by bareminimum · · Score: 1, Interesting

      A contract does not need to be written. Unless there are special rules or regulations requiring a written contract for a specific kind of transactions, a binding agreement is spontaneous (some states REQUIRE written agreements for residential leases..). For example if I buy a case of Bud at the 7/11, a contract got executed in the form of a purchase. A case of beer was exchanged against money. This is a MUTUAL agreement, because the store agreed to sell me something at the same time I agreed to pay for it.

      Now, what happens in a situation like an EULA? It can be viewed as an imposed agreement on the user. However the user ALWAYS has the option to turn the EULA down and bring the software back to the store. It is perfectly legal, as long as you have a way to READ the implied contract BEFORE you get to the point of no return (i.e. you opening the package).

      This is not the worse case of an imposed agreement. Read all the warning signs on the walls when you are in public places, or read the back of a concert ticket. All of these represent conditions that you accept to respect and assume by purchasing an event ticket for example. This is OK as long as you were the one who bought the ticket. But what happens if you invite a friend to a ballgame and he gets severly injured on the final homerun? He didn't purchase the ticket, but by using it to enter the stadium he implicitly agreed to the terms and conditions imposed by the event organizers. And that's how it works.

      I hope that with this in mind you can see that an EULA really is not on the border of legality. It is perfectly sustainable and defendable. There's no way around it.

    5. Re:Consistency by Anonymous Coward · · Score: 0

      Sadly you are misinformed. That's not at all what RMS is saying.

    6. Re:Consistency by YoJ · · Score: 2

      You say my argument is bullshit, and that creators should be allowed to distribute their creations under any license agreements. But for decades the modern world has disagreed with you. Copyright law was originally created to satisfy book publishers and artists so that other publishers could not reprint books without compensation to the author and original publisher. But fair use has always been an accepted exception. Book copyright notices say things like "no part of this book may be reproduced except with written permission". Do you honestly think that this means it is illegal and immoral to photocopy a diagram on a single page for your own use? Of course not, it is fair use. Yet according to your views on absolute creator licensing rights, even quoting a single line of text from any book under copyright would be illegal. "Fair use" is society agreeing to restrictions on what book licences can be.

      If you have ever bought a book, you have "agreed" to the license that "no part of this book may be reproduced without written permission from the author". But that license has restrictions and exceptions called fair use. When you "agree" to the Windows license agreement, what are the exceptions? We need to debate what is fair use for software. The laws that we have don't address the issue.

      Maybe you misunderstood my views. I think that creators should be allowed to make up any license they want when releasing their work. But not everything in every license should be binding. For example, I think it should be legal to sell copies of Windows that you no longer use, no matter what the license says.

    7. Re:Consistency by cduffy · · Score: 2

      That's not the problem -- you can have implied contract, for instance, without signing anything, or situations where you accept a written contract without signature (by taking advantage of an offer to do something you couldn't do otherwise).

      HOWEVER...

      a EULA gives you no rights you didn't already have (since you were able to run the software on your computer ever since you purchased it). One of the requirements for a valid contract is that it provide some means of consideration -- that both parties get something out of it. Since you gain nothing you didn't already have a right to by accepting the EULA, it has no legal force.

    8. Re:Consistency by packetgeek · · Score: 1

      I believe that I should be able to Hack a Tivo and I should be able to sell a copy of Windows after I'm done using it and I should be able to quote a book(as long as the quote is not so excessive that I'm actually just taking a significant sum of their work). However, Just because I believe it should be so does not make it so. For example I don't think you should have to stay for the duration of a red light at 3:00 in the morning when there are no vehicles or pedestrians around to wait for. But by obtaining my drivers' license I agree to be bound by the traffic laws, ALL of them, not just the ones I like. So when the cop pulls me over at 3:00 in the morning, my excuse about not liking the law is immaterial. Now, tell me something. What do you think of an entity(person or company) that freely agrees to some terms of use and then blatantly disregards them at their convenience? When I grew up I was taught that you played by the rules of the game or you didn't play that game, it was your choice.

      --

      Please be patient, I'm a work in progress! --Alan Jackson
  41. O'Reilly's ``Freedom zero'' is a vacuous. by Kaz+Kylheku · · Score: 2

    We could equally say that freedom zero is the choice whether to rob or not to rob that convenience store across the street, and that criminals and non-criminals alike are exercising that freedom in different ways.

    The underlying substrate for all human behavior is the freedom to do anything, from donating one's time to worthwy humanitarian causes to commanding troops into heinous acts of genocide. Is that range of choices part of freedom zero?

    Or maybe the real freedom zero substrate is simply the laws of physics.

    Stallman's definition is superior because it doesn't regress into absurd starting points; freedom is defined as a very high level intelligent behavior rooted in certain ethical principles, and that's that. That freedom is supported by lower level freedoms which allow the intelligent substrate to make choices, but these freedoms are not interesting, because these lower freedoms support all human activity alike.

    1. Re:O'Reilly's ``Freedom zero'' is a vacuous. by Niac · · Score: 1

      Please don't equivicate. IF you are going to use freedom to mean different things, then use different terms, and define them.

      *runs away*

      --
      http://gabrielcain.com/
    2. Re:O'Reilly's ``Freedom zero'' is a vacuous. by ZxCv · · Score: 2

      This is the worst rambling I've seen in quite some time. You'd think with all the typing you did, you would have been able to say something. Apparently not.

      Stallman's definition is completely absurd, because it is saying that something which I put effort and resources into creating can be used by anyone else in anyway they see fit.

      Bullshit.

      If this "freedom" existed for users, developers would have very little, if any, incentive at all to create software. I would be willing to bet that the majority of free software out there wouldn't have ever been released had the developers not had the ability to license it as they see fit.

      The real freedom that must be granted to users is the freedom of choice. Arguably, this freedom does and does not exist, but that is another debate altogether. Microsoft has the ability to get Windows pre-loaded on that new box I buy from Dell, but I still have the freedom to install any software I like on my new box--provided I am willing to abide by the terms of the creator of said software. Those truly concerned with having absolute freedom over their software are absolutely free to either find another application or OS to solve the problem or write their own.

      Bottom-line, free software is definitely good for the betterment of society. But at the same time, when you get people like Stallman pushing this absolutely absurd notion that I don't have the freedom to license my software how I see fit, it does much more harm than good to the free software movement.

      --

      Perl - $Just @when->$you ${thought} s/yn/tax/ &couldn\'t %get $worse;
    3. Re:O'Reilly's ``Freedom zero'' is a vacuous. by Kaz+Kylheku · · Score: 1
      This is the worst rambling I've seen in quite some time. You'd think with all the typing you did, you would have been able to say something. Apparently not.

      Yet it takes you even more typing to demonstrate that you have no reading comprehension. Sigh.

  42. ESR 1 STALLMAN 0 by Xandis · · Score: 1, Troll

    Stallman comes across as a lunatic with the "my way or you are evil" type mentality.

    Stallman is a tried and true Marxist who puts value only on physical labor and does not believe that intellectual capital should be permitted to have any value. His rationalization about "power" is laughable but does make me feel _better_ about using Microsoft software. My reply to Stallbaby would be: JUST BECAUSE __YOU DECIDE__ TO USE MY SOFTWARE DOESN'T MEAN __I HAVE TO__ MOVE MY BIG FAT WHITE BUTT TO GIVE YOU THE SOURCE. YOU KNOW AHEAD OF TIME WHETHER YOU GET THE SOURCE OR NOT; IF YOU DON'T LIKE IT TOUGH.

    Free software (if you want to make money then become a slave, err, consultant running down projects)! Free music (if you want to make money, go on a tour)! Free video (one paid showing and that's it -- actors - no more residuals for you)! Join the revolution now to FREE the masses!!! What a hoot!

    The guys at Microsoft are probably laughing their asses off with that article.

  43. Re:Interesting read, but you're forgetting one thi by plastercast · · Score: 1

    You seem to forget that there are incentives outside the economic realm. For example, people of great wealth becoming Philanthropists. Once people's own well-being is asured, they _often_ become part of what is known as a gift culture (as ESR notes in Cathedral), where the more one gives away, in their labor, property, or whatever, the more value one gets. That is the basis of a truly socialist government.

  44. Too far by Lemuel · · Score: 1
    I started using free software before it was called Open Source, and before there was Linux, so I've always had a warm spot in my heart for RMS. I have always wondered about his full goals, though, and now that I know what they are I'm quite disappointed. In the end 2 people should be allowed to work out any terms of exchange they wish. A programmer has the right to sell RMS a program without the source, and he has the right not to buy it.


    Ending software intellectual property protection won't help the cause. If free software fails when it has to compete with closed-source programs, it will only bring mediocrity if closed-source software is done away with. I know that RMS stands on principle and doesn't care, but it is not worth doing away with property rights for the convenience of the small number of programmers interested in seeing the source.

  45. Oh the Irony... by Anonymous Coward · · Score: 0
    Copyright © 2001 Bradley M. Kuhn and Richard M. Stallman Verbatim copying and distribution of this entire article is permitted without royalty in any medium, provided this notice is preserved.
    RMS, where is freedom to do what I like with this essay? Are you asserting your Power through copyright?
    1. Re:Oh the Irony... by goatman.cx · · Score: 1

      DUDE! That totally looks like the BSD license!

      --


      ---------
      Fuck you, motherfucker. Fuck yous to: Rob "Taco-Snotter" Malda, Homos, Kowboi Kneel, and RMS.
  46. "who should control the code you use ...?" by sidster · · Score: 1
    I am one who usually agrees with views of RMS. I'm more pro-GPL than any other "OSS Approved" licenses.

    One thing i don't understand from reading the writing in question is who is being forced to obay "proprietary" software restrictions?

    The way i see it is if you do not like the fact that you have no control over the software you use, where control == (browse the soruce | modify the source | redistribute the source), then don't use that software. Either look for an alternative or come up with an alternative yourself (Note that writing software yourself is an alternative).

    I use GPL software cause i choose to do so. I do not feel that Micro$oft or any other "proprietary software company" is imposing their will on me.

    My parents on the other hand use proprietary software because they choose to do so. They are not satisfied with any alternatives available out there and are comfortable acepting the restrictions imposed on them by the software they choose to use. (Though I'm working on them... ;-)

    The only single problem with GPL in my opinion is the "freedom" it gives the recepient of the software to redistribute it. This "freedom" renders GPL license useless for use by a software programmer who depends on income generated by his work.

    People say that GPL doesn't mean it has to be for free. True, it doesn't. But say an developer writes code and sells the software for $10,000 w/GPL licensing. The first person that pays for the software and receives all the rights granted to him (or her) by GPL is allowed to redistribute this software for free, and to anyone he (or she) pleases.

    You see that this reduces the incentive for another person purchasing the software at the price the developer set for the software he hopes to sell and keep his family fed.

    I think the problem is that the cost to reproduce software is next to nothing while cost to reproduce any other commodities essential for life is not!

    So a software programmer's work could be reporduced in large quantities in a very short time at low cost once the hard work of the programmer is done. However, the work of a farmer raising cattle or harvesting crops would take just as much effort and money to reproduce as the first time.

    --
    --sidster
    Play lotto? Try http://www.alottofun.com/
  47. Free Software Compared to Democracy by mckelveyf · · Score: 3, Interesting

    What I think I see in the article is an arguement for greater social accountability. Although I'm not as radicalized to the point of out right bans I think there is a value social message in this essay. Through freedom of involvement one promotes the development of a community to properly debate and develop the implications of an idea. Software is an example of this as you cannot debate its merits without access to its code. Without this right one does not have a strong community and does not promote civil involvement.

    I see this especially clear in representive democracies as there closed nature leads to little political participation. Where in the Free Software/Open Source community, with an open forum one has a very strong level of debate. This is fundamental for a proper democracy.

    Now what I see in this article is that Kuhn and Stallman is an argument that one has to ensure that there is a proper forum for civil debate. By defining the licenses of software you are defining their role in the public forum. They are against non-free licenses because they hinder social growth, which is an argument you could say about many governments and countries. They do not provide the tools or encourage proper debate.

    Anyways that my two cents. I hope it makes sense.

  48. that's not a bad analogy.... by Malor · · Score: 3, Insightful

    This argument by RMS is essentially about power -- HIS power. Bill Gates wants to force you to give him money in exchange for software. RMS wants to force you to give him the source code with any software you write.

    Both arguments are essentially about the person doing the arguing, not the person on the other end of the transaction.

    The right to choose the license under which you will release the work you do is probably the most fundamental freedom of all. Being forced to give away source code, whether you like it or not, is essentially forced bondage.

    The GPL as written is an amazing document, one that does an excellent job of balancing freedoms for all parties involved in software distribution. But it doesn't suit all purposes or all situations. Trying to force it into all transactions is an abrogation of freedoms, not an extension.

    1. Re:that's not a bad analogy.... by Osty · · Score: 1

      This argument by RMS is essentially about power -- HIS power. Bill Gates wants to force you to give him money in exchange for software. RMS wants to force you to give him the source code with any software you write.

      The difference being, of course, that BillG only cares about the software he bankrolls, while RMS wants everybody to give up their right to choose their own license. RMS is much worse in this case. BillG is about business. RMS is about religion.


      The right to choose the license under which you will release the work you do is probably the most fundamental freedom of all. Being forced to give away source code, whether you like it or not, is essentially forced bondage.

      Exactly!

    2. Re:that's not a bad analogy.... by the+eric+conspiracy · · Score: 2

      The difference being, of course, that BillG only cares about the software he bankrolls,

      Actually Bill Gates' minions have been complaining about the GPL as being 'un-American'. He definitely wants to influence the license terms that software other than his own is ditributed under.

  49. ESR 2 STALLMAN 0 by PiGuy · · Score: 1

    By licensing his code with the GPL, RMS is excercising power to force other people to use the GPL. And to force everybody else to not use power-invoking licenses, he would have to exercise even more power.
    It just hit me the other day that there's more GNU stuff on a Linux box than there is Microsoft stuff on a Windows box. Sometimes I even long to return to the anarchy of MS-DOS, with each piece of software from a different person. Sounds to me like RMS is becoming the Bill Gates of the Open Source world...

  50. Is a RMS-free lincense free? by coyote-san · · Score: 4, Insightful
    If I face a choice between keeping my software private (avoiding the whole issue of freedom vs. power since nobody will ever see the code), or releasing it under the RMS-free license:

    This software may be used by any person other than RMS, and for any reason. RMS may not view this code; hell, he can't even be told it exists. The only restriction on derived works is that it must retain all RMS-free provisions.

    Would this be a free license? Besides the obvious point that the license would become completely free at some point in the future, there's the practical matter that it will not affect RMS's ability to use my code in any way - the alternative to the RMS-free license is that I don't let anyone see the code (or not without explicit compensation in terms of salary or licensing fees). The only people affected are the 6,127,317,984 people who are neither RMS nor I.

    What's the alternative? Is anyone seriously suggesting that I must publish all code I write? If so, why are programmers different from, oh, lawyers? (They must represent anyone who demands their services, without compensation.) Or doctors and dentists? Or taxi drivers. Or anyone else in the service sector?

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    1. Re:Is a RMS-free lincense free? by honkycat · · Score: 1
      What's the alternative? Is anyone seriously suggesting that I must publish all code I write? If so, why are programmers different from, oh, lawyers? (They must represent anyone who demands their services, without compensation.) Or doctors and dentists? Or taxi drivers. Or anyone else in the service sector?


      You're totally off on this point -- GNU says you must give source to those to whom you give your program and give them the redistribution rights. If you've written the program for hire, then you've BEEN paid. The RMS position, right or wrong, is that it is unjust for you to then hold back on the source code as a means of forcing your customer to come back to you when he wants something modified. This really has no bearing whatsoever on whether you can be paid for performing your trade, it's a question of whether your payment can justly be founded on an artificially induced scarcity of copies of your output.

    2. Re:Is a RMS-free lincense free? by AmbushBug · · Score: 1

      No one is telling you that you must publish anything. However, if you do decide to publish it, the end users should be guaranteed certain freedoms. Please read the GPL at www.gnu.org before you comment on it.

    3. Re:Is a RMS-free lincense free? by Osty · · Score: 1

      Awesome license! I think I might start using that, or at least applying such a clause to any code I write. You made my day.


      What's the alternative? Is anyone seriously suggesting that I must publish all code I write? If so, why are programmers different from, oh, lawyers? (They must represent anyone who demands their services, without compensation.) Or doctors and dentists? Or taxi drivers. Or anyone else in the service sector?

      Actually, RMS is demanding you do just that. For "the good of humanity", or some such bullshit. As for the rest, programmers are no different than lawyers (or any of your other examples). Lawyers may take cases pro bono, and some may do that more often than others. But to expect and assume that any lawyer you speak with will take your case pro bono is to be absurdly naive. It's no different with programmers. Some may choose to write software for free, and give it away (with or without source). Many choose to get paid for their work. Some even do both. But to dictate that programmers should only give away their work (paid or not) is just as naive as expecting a lawyer to take your case pro bono. It's stupid and absurd.

    4. Re:Is a RMS-free lincense free? by Dr.+Awktagon · · Score: 2

      This software may be used by any person other than RMS, and for any reason. RMS may not view this code; hell, he can't even be told it exists. The only restriction on derived works is that it must retain all RMS-free provisions.

      Well, at least the FSF says they don't discriminate against users of the software. They COULD discriminate against, say, businesses, but they don't, even though people want to pretend they do.

      If so, why are programmers different from, oh, lawyers? (They must represent anyone who demands their services, without compensation.) Or doctors and dentists? Or taxi drivers. Or anyone else in the service sector?

      Yes, why are programmers different? Why do they get to put the result of their services on a disc and sell it over and over again, and put you in jail for violating their arbitrary terms?

      When I go to the doctor, he doesn't insist that I pay him once a year for the results of his surgery. He doesn't sue me if I tell others how to avoid getting sick. I pay my doctor for his time.

      If I take my car in to get fixed, I'm allowed to reverse-engineer what the mechanic did and even do it again to my car by myself. I could even put it on the internet and I wouldn't get sued.

      The taxi driver doesn't charge me based on the type of destination (oh, you're going to work? That's Business Level service. Going home from work? That's Personal Level, 5 cents cheaper!) Again he is paid for his time (or distance really).

      My accountant, I can get him to do my tax return once and then use it as reference each year after. No terms to violate. Even if their were terms, how would he know?

    5. Re:Is a RMS-free lincense free? by Anonymous Coward · · Score: 0

      What's the alternative? Is anyone seriously suggesting that I must publish all code I write?

      Actually, RMS is demanding you do just that.

      Nonsense. RMS has stated several times that he supports the right to NOT publish your software.
      (In fact, he opposed one of Apple's Open-Source license because it required you to publish any derivative work that you "deployed".) He's also said very specifically that you don't have to give or sell it to anyone you don't want to.

      What he does object to is restricting the rights of the people you do give it to.

    6. Re:Is a RMS-free lincense free? by sverdlichenko · · Score: 1

      Guaranteed? Look, if you don't like my rules, go to other shop or write your own code.

    7. Re:Is a RMS-free lincense free? by Anonymous Coward · · Score: 0
      When I go to the doctor, he doesn't insist that I pay him once a year for the results of his surgery. He doesn't sue me if I tell others how to avoid getting sick. I pay my doctor for his time.

      If I take my car in to get fixed, I'm allowed to reverse-engineer what the mechanic did and even do it again to my car by myself. I could even put it on the internet and I wouldn't get sued.

      My accountant, I can get him to do my tax return once and then use it as reference each year after. No terms to violate. Even if their were terms, how would he know?


      What do these arguments have to do with releasing the source code?

      If I sell you my application in binary format, then you are welcome to tell your friends what it does.

      If I sell you my application in binary format, then you can by all means try and reverse-engineer what I have done.

      If I sell you my application in binary format, then you can by all means use it for a year then create the product yourself and use that each year after.

      By not releasing the source code, don't I have the same Freedoms and Powers that people in other professions have?
  51. oh gawd.. Did he really say that? by Twisted+Logic · · Score: 0

    If people shouldn't have the freedom to choose whatever license they want, does that mean RMS will have to choose for us? How do I know what license to use if I can't just choose any one? Why does it matter which license you choose - if someone doesn't like what license you've chosen, they can always choose not to use your software. I believe that is one of the basic principals of freedom, is it not?

    1. Re:oh gawd.. Did he really say that? by chromatic · · Score: 2, Insightful
      Which part of
      we do not advocate ... the "freedom to choose any license you want for software you write".
      did you misunderstand? (emphasis mine)

      What the authors are saying is that power is asserting your will on other people, that copyright law makes software authors enforce that power, and that that situation removes freedoms from users and other developers.

      As you can guess, they're against it. So they recommend the GPL as a means of guaranteeing those freedoms. They do not say that the GPL is the only way of doing so, and they do not say that other licenses should be prohibited by legal or social means.

      They only say that certain freedoms are important, that the GPL protects them, and that they do not advocate licenses that restrict those freedoms. Perhaps implicit in this is the idea that licenses proscribing usage guidelines are either pragmatically or legally unenforcable. So the "use" card is useless.

      I'm beginning to think that several people intentionally read too much into this for a convenient excuse to complain. (This last comment is not directed at Twisted Logic, who correctly points out that choosing not to use a piece of software is a basic freedom.)

  52. Freedom 0 by lightware · · Score: 2, Interesting
    I appears many readers are failing to read the links. That, or do not understand the values being espoused in the various articles.

    Freedom as being described in these articles, isn't the same freedom many of us are accustomed to. Rather, it is being declared in a very atypical self-censored form.

    This freedom is more clearly labeled Freedom 0, as O'Reilly does in his original article. A limited freedom in the sense that it is a freedom of choice to be exercised; a freedom of choosing and not a freedom of acting.

    Most governments have established freedom for their citizens insofar as that freedom does not interfere with that same freedom in others. But as a whole, we have really failed to analyze the types of freedom this empowers us with, and the freedoms we are limited to.

    It would appear RMS is reembracing this application of freedom, in only the strictest sense.

    "The freedom to swing your fist ends where my face begins" as another reader so eloquently put it. It would appear Freedom 0 is only an attempt to analyze where exactly our faces begin; where exactly do we limit the freedoms we have previously, commonly accepted. And perhaps moreso, a new obersavation asserting that our faces are far closer to the swinging fists than we previously accepted. And so, as a new standard to be raised in the light of the digital age, where new freedoms are discovered, but still under the threshold of out-dated control, in a realm that continuously promises new freedoms.

    It is impossible to make that same examination-the assertion of only Freedom 0-in a Democratic Capitalistic society, such as the US, because of the many contradictions it would bring to light. Capitalism cannot suceed without the unipmeded effort to exploit the resources of the masses for personal gain.

    The very freedom RMS espouses is contraindicative of a capitalist society. And in my opinion, only in the borderless benevolent anarchy of the internet can such a freedom be exhorted, as it now is.

    It cannot apply to our physical world, at least not in the way commonly accepted by the various World Powers. But in the indefinite information space that is shared by all does this concept deserve its greatest relevance.

    Freedom 0 can not work without common acceptance. It would be hypocritical of this limited freedom to be forced upon ourselves, without all parties first declaring a willingness to be limited by it.

    So in the sense that this new formula for freedom is an expression of power itself, it is my personal opinion, that under willing acceptance it is not so.

    As has been previously recounted, freedom is only an idea, an abstraction that has no basis for our real world interactions, but rather only on our choosing of them.

    It is only under common acceptance of freedom, that we can govern in its name.

    So too, is this also with Freedom 0.

    One must withold their right to freely define freedom, to afford the benefits its acceptance can provide.

    So the very concept of freedom itself is quite paradoxical, or at least contradicting, there is no question of that. It is only in its acceptance by many, does freedom really materialize in an expressable shape.

    And I, for one, am all for Freedom 0

    1. Re:Freedom 0 by ninewands · · Score: 2, Insightful

      I disagree with your interpretation of Tim's "0"

      When I first read his piece a couple of weeks back, it was my understanding that Freedom 0 (in the software context) was the base freedom upon which everything else would be built.

      This interpretation stems from the following chain of logic:

      I right a piece of code that becomes (in my mind) the next "killer app" ... I OWN that code lock, stock and main() ... nobody else has a copy of it or even any idea about the functionality I've created ... it is ALL mine ... now I have a decision to make ...

      I can keep it to myself ... in which case, it will never realize it's potential as a "killer app", I can sell it, or I can give it away (in truth there exist more than just that one shade of gray (sell it) in between the black (keep it to myself) and the white (give it away), but for the argument, we're simplifying)

      Now, who has the right to decide what I do?

      O'Reilly and ESR say the decision is mine (I tend to agree) ... Stahlman says it's HIS right to tell me what to do ... not only is it morally wrong for me to sell this product of my imagination, it is morally wrong for me to keep it to myself!

      This debate over a developer's right to choose is a rather recent development ... IIRC, it only began with the rise of the OSI and ESR's ascendancy (and challenge to RMS's primacy) as an OSS/FS spokesman. For my money (as both a user and a developer), I'd rather have Eric guarding my freedom than Richard. The way the debate has developed, Eric would allow me, as a user, to choose between the alternatives, Stahlman acts as if there IS no alternative. As a developer, Eric would let me license my software any way I wished. Richard says I use GPL or I act immorally. From one who falls on both sides of the equation, I find that MY freedom is maximized by ESR's point of view, and, ignoring my puny development efforts, as a consumer of software, I find that my own freedom is again maximized under the Raymond/O'Reilly plan.

      Give it up Richard. Your grab for power over developers will never work. I am a Free/Open Source Software advocate, but your rhetoric is no longer convincing, even to me. The question is not "Whose freedom do we maximize?" it is "How is freedom maximized?" The answer is obvious.

  53. freedom to contract by MoNsTeR · · Score: 5, Funny

    A software license is simply a contract. If the contract says, "in exchange for the use of this software, I agree not to give copies of it away" or whatever, that's not fundamentally different from a contract that says, "in exchange for the use of this software and source code, I agree to publish any changes I make to it".

    In no case are you coerced into agreeing to a software license (and if you were, then the crime against freedom would be the coercion, not the license). If RMS says he's opposed to the freedom to choose a "restrictive" license (as if the GPL weren't restrictive...), then what he means to say is that he's opposed to unlimited freedom of contract.

    I won't even expound on my personal feelings on the matter, I just think RMS should say what he means.

    1. Re:freedom to contract by Anonymous Coward · · Score: 0

      you're exactly right and the idiots here, especially Michael, will *never* get it.

    2. Re:freedom to contract by bnenning · · Score: 2

      I agree, with the exception that I fail to see how click-wrap EULAs can be considered valid contracts. It's done after the sale is completed, it's purely one-sided (the user gets no rights he does not have under standard copyright law), and clicking "OK" in a dialog box is not sufficient to show intent. If software publishers want to enforce additional restrictions beyond those of copyright law, they should require users to sign a real contract before purchasing the software. Of course, they wouldn't like that at all, since it would make it obvious to the users that they're being taken advantage of.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    3. Re:freedom to contract by Dr.+Awktagon · · Score: 2

      A software license is simply a contract. If the contract says, "in exchange for the use of this software, I agree not to give copies of it away" or whatever, that's not fundamentally different from a contract that says, "in exchange for the use of this software and source code, I agree to publish any changes I make to it".

      Yes and that's exactly the problem with software and copyrights. Simply by opening the box, you basically agree to an arbitrary contract. Many times the contract is INSIDE the box. That what RMS is talking about. You didn't get to negotiate this contract, many times you didn't get to read it, and many times if you did you wouldn't agree to it.

      It shouldn't be possible for me to get you to agree to a contract just by clicking a button or opening a box. Think about this, how many times a week do you click a button when surfing the web or opening a box to eat breakfast? Should it really be possible for those actions to put you in a legally binding contract??? I don't think so.

      I'd like to see software licenses require a signature on pen and paper. Then I bet you'd see a lot less of this bullshit like "You can't use this software to disparage Microsoft". Companies might even compete on the basis of license.

      Of course I hear you say, I can learn about the license and choose whether or not to wiggle my little finger or whatever I need to do to agree to it, and thus freedom is preserved. But it's a matter of degrees, and just having a copy should not be enough to bind you to arbitrary terms. Or just surfing a web site or similar actions.

      In my opinion, RMS is right, the licenses grant arbitrary power to the copyright holder in exchange for distributing copies. The solution is to either 1) do away with software copyright, or 2) create a default set of limitations on distribution and allow a copyright holder only to remove restrictions from this set, not add any.

    4. Re:freedom to contract by Anonymous Coward · · Score: 0

      If RMS says he's opposed to the freedom to choose a "restrictive" license (as if the GPL weren't restrictive...), then what he means to say is that he's opposed to unlimited freedom of contract.

      But we don't have unlimited freedom of contract anyway, even for contracts that only affect the signer. Several states, for example, have legally-required warranties on consumer goods that the consumer cannot lose, even if he signs a contract waiving those rights. I'd like to see some software rights that fall into the same category.

  54. trailers and teasers by mangu · · Score: 2

    It could be a marketing scheme: release some sort of crippleware under the GPL or some other open-source license, then sell the truly powerful version. The tuxracer guys are trying to do this, and, for a more "professional" example, check www.diffpack.com

  55. Power, Freedom, License by Leimy · · Score: 1

    So you don't advocate the freedom of choosing a license which is really power. This means that a freedom advocate has the power to choose the license for us?

    Quite hypocritical.

  56. Re:This is complete B.S. by Anonymous Coward · · Score: 0
    It is a classic cult.

    Promotes an us vs. them attitude.

    Seeks control while claiming otherwise.

    Uses (incomprehensible to outsiders) terminology to encourage bonding and reliance between members.

    Repetition of mantras, designed to prevent critical thinking.

    Close-minded refusal to consider other viewpoints.

    Creates an enemy, portrayed as evil as often as possible.

  57. Re:By your silly definition, Mr. Editor, - OT by Osty · · Score: 2, Insightful

    For example I had to buy XP because of my job. I already activated it twice and I am afriad to install anything. If it screws up my system then I have to activate my pc for the last time before forking another 300 BUCKS! I know most of you are laughing at me right now but as a user this is not funny and it is, well kind of my computer so why can't I install more then 3 times?

    No wonder you're paranoid. You don't understand anything about XP activation. First off, installing software will not affect your activation status. Only installing/replacing hardware can do that (and you have to replace something like six different pieces before you need to reactivate). Also, you can reinstall as many times as you like. You can reactivate up to 10 times, at which point you'll need to call Microsoft on the 11th reactivation. You do not need to buy a new license, nor do anything but tell them you're reactivating, and it's done. Finally, if you bought XP for business use, why didn't your business by a license pack? Buying XP licenses in bulk (5+ licenses, I believe) allows you to not have to bother with activating the system. Perhaps you should research these things a bit more before you start in with the paranoia, eh?

  58. Absolutely right by jquirke · · Score: 0

    Let's face it - the average person who reads Slashdot is pretty smart - ie that's any of you guys reading this right now.. hence "News for nerds."

    So the Slashdot readers have long seen that what Stallman has to say, is, to put it colloquially, a load of shit.

    Bill Gates would never receive this kind of attention, so why should Stallman? They are pretty much both the same, except Stallman hides behind a wall of protection - that is something most of us here respect and have many have put a lot of time and effort into - free software, which, he claims to have created, although it hardly would have taken a huge amount of brainstorming to come up with the idea of sharing around code. It's just he set about "properly" documenting a license.

    Now he abuses the respect he earned by coming up with outrageous opinions on free software, and has somehow turned the whole thing into a large political debate - exactly what we didn't want.

    To be honest, I think he is really enjoying the Slashdot and IT media attention he's been getting so much of, so every few months he'll make another controversial statement/essay to try and boost the attention to free software (specifically GNU).

    Why doesn't he use the time (and it would be a lot of time) wasted on these essays doing what he started out to do - *gasp* write free code...

    This latest errr "piece" he has written is just another example of his hypocrisy - isn't it just a statement of his power?

    No this is not a troll, I am in fact I greatly admire the efforts of the thousands of open-source contributors, but I just think Stallman has got too carried away. But I'm sure most of you can see that... Just my A$0.04

  59. My code is my child (maybe) by selan · · Score: 5, Insightful
    [The following is an idea that I'm just thinking about now. Could be interesting, could be stupid--let's see...]

    It seems to me that the big argument here is about ownership and property rights, which everyone has strong opinions about, pro and con. However, maybe there is another approach that will make some sense to everyone. Maybe we should think of developers as guardians of their code instead of owners.

    The analogy is that of a parent to a child. I don't own my child; she is free to live her own life. But I do have power over her. I gave birth to her and I have the responsibility to raise her until she is old enough to live on her own. As long as I am her guardian, I have the right, in fact the obligation, to make choices that affect her life. I decide what kind of education to give her, what morals to teach her, etc. And it's my right and obligation to protect her in her interactions with others. I set these limits because I want her to become a good, productive,giving member of society.

    My code can be like my child (how many developers think of their code as their "baby"?) I created it and I put effort into improving it. I want it to become useful to others. Might I then also have the right to be its guardian and maintain custody of it when I release it into the world? Do I have the freedom to choose how I want others to use it? What do you think?

    1. Re:My code is my child (maybe) by coupland · · Score: 1, Troll

      You are a fruitcake. You sound like an English teacher or a marketing troll, not a techie... Re-read your post and feel very ashamed...

    2. Re:My code is my child (maybe) by nathanm · · Score: 2

      I like that idea. It definitely needs a lot more discussion, but it's a good start.

      The whole concept of intellectual "property" is flawed. As soon as something is called "property," there are certain rights involved under the 5th Amendment to the US Constitution.

      Then on one side, we have corporations owning something as trivial as Mickey Mouse effectively forever and GPL religious zealots on the other side. That's an argument that can't be won.

      (I can't believe the other poster that replied to this has a +1 bonus!)

    3. Re:My code is my child (maybe) by Dr.+Awktagon · · Score: 2

      It does tie in to the idea that copyright should only exist for a limited amount of time, much like parents only need to control their children for a limited amount of time.

    4. Re:My code is my child (maybe) by A_Non_Moose · · Score: 1

      Actually, this is very good.

      Consider the phrase (MS or Apple?) use when MS wanted apple to "kill" Quicktime.

      The phrase was "knife the baby".

      So, yes, in a funny way children are like code:
      raising one is like debugging (think about it).
      Early stages, code, like babyies will "shit themselves".
      They behave in erattic ways (compare visiting friends to giving a demo...some know how well that goes).
      Both consume resources.
      both provide amusement.
      both provide frustration.
      both have varied levels of 'stability'

      The list goes on.

      But think about it this way as it pertains to windows: Instead of the DOJ the DSS will arrest BG for "failure to thrive" (XP) and SB for "Lewd and indecent conduct" (monkey boy and Developers!^9...shudder).

      hummmm...

      --
      Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
    5. Re:My code is my child (maybe) by Anonymous Coward · · Score: 0
      Can I get some of what you're smoking?

      Children are sentient. Code is not.

      Children will develop into separate, adult humans (absent tragedy, of course) with or without the biological parents. Code will remain the same unless refined and upgraded.

      It's hard to think of a worse analogy. You don't really have kids, do you?

  60. Yeah, everyone must do it their way by QuickFox · · Score: 1

    So we have no rights to decide over the fruits of our own labor? What are we, slaves?

    One thing that horrifies me about both anarchists and communists is their penchant for power, for totalitarianism, dictatorship. They want to decide centrally what's best for everyone. No variety allowed. Everything must be uniform. Everyone must comply with their restrictive notions.

    Socialism has a few great ideas and ideals. Why are they always perverted?

    Give a man a fish, and you have fed him for a single day. Teach him how to fish, and he'll eat for a lifetime, all the while calling you a miser for not giving him your fish.

    --
    Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    1. Re:Yeah, everyone must do it their way by hearingaid · · Score: 3, Insightful
      So we have no rights to decide over the fruits of our own labor? What are we, slaves?

      Fascinating. I was unaware of any society where people were granted total freedom to decide how the fruits of their labour are used.

      For an example, I suggest the razor blade. Many people (mostly men) use this device to remove facial hair, and many other people (mostly women) use it to remove leg hair. Some other people use it to remove hair in ... other places.

      Do you see the razor companies trying to tell you where to put your razor?

      Huh.

      And that's not even getting into the fact that the razors are actually being made by people (well, ok, by machines controlled by people); these people, somehow, do not seem to mind the idea that porn stars might use the fruits of their labour in an unusual way.

      This is capitalism, folks. You just don't get to decide what other people do with the things you make, once you've sold those things to them.

      It's the copyright control freaks who want to setup a non-capitalist state, IMO; if you look back in time, to a time when there were large organizations which held state-sponsored monopolies over certain industries, we called that system of economics feudalism.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    2. Re:Yeah, everyone must do it their way by QuickFox · · Score: 1

      I was unaware of any society where people were granted total freedom to decide how the fruits of their labour are used.

      I don't want total control. I want limited control. For example I want to agree with my employer that he'll pay me for my work. In exchange my employer expects me to make my software available to him. I want to be able to make such agreements.

      If I spend a month employed as a carpenter, making chairs, this does not give my employer the right to just take my chairs from me without payment. I have the right to make agreements with those who take my chairs that they pay me for my work. If instead of carpenting I decide to spend that month programming, you expect that this gives you the right to just take away everything I make.

      Work is work. Work is worth compensation. A worker has the right to a salary, to decent working conditions, etc. These are rights and compensations in return for work. Employers do not have the right to just take away without any compensation the chairs or razor blades or programs or whatever their employees produce.

      Neither do you.

      Give a man a fish, and you have fed him for a single day. Teach him how to fish, and he'll eat for a lifetime, all the while calling you a miser for not giving him your fish.

      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    3. Re:Yeah, everyone must do it their way by Anonymous Coward · · Score: 0

      The key difference between razors and software is that software can be copied and distributed for free. If you were to freely copy and distribute any software you have purchased, there would be no business in making software (I'm not saying this would necessarily be a bad thing).

      So, some kind of copyright law is needed to protect people who creates software for money.

    4. Re:Yeah, everyone must do it their way by Anonymous Coward · · Score: 0

      So we have no rights to decide over the fruits of our own labor? What are we, slaves?

      He's not forcing anyone to use his license: he's just trying to make the not-so-simple concept of "free software" clear and giving some hints regarding the way someone willing to write free software should license it. You're totally free to write proprietary software, but then you shouldn't call it "free".

    5. Re:Yeah, everyone must do it their way by hearingaid · · Score: 2

      Why does it have to be copyright?

      See my argument here.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  61. Hail the BSD licence, baby by sn00ker · · Score: 1
    it's pretty clear that true freedom would not let one person control what another does with software.
    So you're saying that the BSD licence is the only true bastion of coding freedom, then?
    "Take it, do with it as you please, feel free to not release your modifications to the world." - Sounds like total freedom to me.
    Don't get me wrong, I think that the GPL is a great idea, but when it comes to giving power to the coder you just can't beat the BSD licence. Do any of the other licences out there offer the same flexibility of use?

    --
    "God, root, what is difference?" - Pitr, userfriendly
    1. Re:Hail the BSD licence, baby by Anonymous Coward · · Score: 0

      Only Public Domain...

      But then that's not really a license, is it?

      But it's weird. The first open source software was public domain. People back then were only interested that others used their work. They didn't care what happened with it after they released it.

  62. Copyright is bad... by Leimy · · Score: 1

    but they have a copyright on the document you read to find that out. :)

    So I as a software developer MUST give everything I do away because to not do so would be an "anti-free" action. What about the document I just read about freedom? It seems that this document is copywritten?

    How can one be serious in writing a document that states the evils of intellectual property and then claim that document as intellectual propert by slapping a Copyright on it?

    1. Re:Copyright is bad... by Xandis · · Score: 1

      Actually, I don't think this has everything to do with Copyrights. If it were only copyrights then Stallman would have no problem with closed-source programs that were freely distributed.

      Instead, he demands access to the source code. In other words, you have to PHYSICALLY go through the process of making source code available regardless of whether you want to or not. Essentially, he is saying that producing software OBLIGATES you to release source code. Making someone physically do something they don't want to do used to be considered bad.

      So, it isn't entirely a copyright issue - it is all about Stallman's archaic view that the masses are being exploited by the producers and the only way to destroy large corporations is to take away their intellectual property.

      My guess is that he is hoping that, now after a generation has passed, there will be a lot of young people who think that his "cause" is something new - when it is just a re-run of the rhetoric spewed out by the Soviet Union, Castro and Mao.

    2. Re:Copyright is bad... by Anonymous Coward · · Score: 0

      Actually it is rather interesting how RMS doesn't apply the GPL to his written works.

      Shouldn't I be able to take this paper, modify it and redistribute it? If not, why not?

  63. But its OK to 'add' this 'freedom' to more free co by Anonymous Coward · · Score: 0

    And what do you think when BSDLed code has a GPL slapped on it in the name of 'freedom'?

    That situation is exactly what your rail against....someone adding more restrictions.

  64. Richard Ivory Tower Stallman, what are you really? by Anonymous Coward · · Score: 0

    My friend is a carpenter. He can feed his children, and look after his sick mother.

    I am a software developer. Under the GNU/Government (or is that GNUverment?), I am no longer able to feed my children, or look after my sick mother.

    Or are all software developers paid by the state? Will the same apply to musicians, since it's just more IP?

    So, the only private industry is now industry involved in producing tangibles?

    Ok, so now we're back to the 18th century, when intellectual pursuits were the privilege of the upper/ruling class (only the GNUverment can employ IP creators), while private industry meant these same people owning factories full of cheap labour.

    Or is RMS missing the essential second part of his master plan, which is to apply the same rules to tangibles? In which case we have a very strong element of communism. This isn't Marxism on its own, of course, because he's not talking of redistribution, need and ability, just of Forced Free software.

    Which is a bold statement to make when you're living in the USA, especially in these times; but seriously.. if he believes it, he should just *say* it. Perhaps he's a Marxist but knows it would be a PR nightmare to admit it.. perhaps he's just a strong socialist that believes central control of the means of production should encompass "all software", not that I've ever met a socialist who thinks Quake 3 Arena should be government-controlled... I don't know...

  65. GPL is far from "free" by keath_milligan · · Score: 1

    The GPL is so laden with restrictions to call it "free" is simply ridiculous.

  66. I gave the same answers but I beg to disagree by LittleStone · · Score: 1

    I gave the same (yes, yes, no) as you did, yet I couldn't agree even a tiny bit on your logic.

    The flaw is, at the time I "buy" the product, if I know for sure this product I can't have the commonly "fair use" principles applied, yet I decide to "buy" it, essentially I agree the conditions set forth in the contract. I might not like it, but I still am better off from this deal. I can also not taking the product at all.

    If I do not know the product is not under the commonly applicable "fair use" principles at the time I buy it, that's another issue. But it does not relate to the freedom.

    If a seller and user could not choose what kind of contract to carry out business, that's the lost of outmost freedom.

    --
    A sig is redundant.
    1. Re:I gave the same answers but I beg to disagree by Random+Walk · · Score: 1
      If a seller and user could not choose what kind of contract to carry out business, that's the lost of outmost freedom.

      If seller and user are on equal level, yes. If the seller in in a position of power, allowing him to dictate the contract because the user has no viable alternative, no.

      You forget that very often, as a consumer vs some company, you have zero choice concerning the 'kind of contract'. Accept the terms forced upon you, or live without that lovely toy you wanted to buy.

  67. Software fascist by ToasterTester · · Score: 1

    What is freedom without choice?

    Stallman is a software facist. His views make the GPL a virus. Next thing he will decree a jihad on developers and users of non-GPL software. Bin Laden and Stallman aren't that different when you think about it.

    1. Re:Software fascist by Anonymous Coward · · Score: 0

      curiously, RMS copyrights his editorial and further, he adds restrictions to its re-use.
      And also, I notice, HE decides which license the rest of us should use...why shouldn't YOU decide?
      perhaps I should decide for all of us...yeah, that's the ticket...

  68. Freedom & Power not mutually exclusive by Guppy06 · · Score: 2

    I don't particularly care for the wording used here. IMO, what they call "freedom" is actually power given to the end-user of the software, and "power" is power given to the producer of said software. From the looks of it, these two would rather have all power rest with the consumer and none with the producer.

    "Freedom" is a bit of an amorphous concept, pretty hard for most people to define. In this case "freedom" should be defined as "free from the abuses of other peoples' power." The consumer should have some freedom to do with the software as they see fit, and the producer should also have similar freedoms. The trick is balancing the two against each other and making sure they both have equal representation in deciding how the software is used.

    (Sounds an awful lot like political theory, don't it?)

    The whole freedom vs. power debate is entirely relative to the position of the observer. To the folks at, say, Microsoft, an OEM license is viewed as Microsoft's "freedom" to distribute their software as they (and perhaps the market) see fit. Being human, they can't help but see the consumer as someone who should give selflessly of themselves to continue to support the producer. Take that last sentence, flip-flop "producer" and "consumer," and you have GNU's viewpoint.

    It's the 21st century. We know that concentrating power entirely with the wealthy resource owners is just as bad as concentrating power entirely with the consumers. We've had over two centuries of wars and tens (if not hundreds) of millions of deaths over this. We should know by now that the best solution is a compromise. The only question that SHOULD remain is where the best compromise lies (something that nation-states are still debating).

    At any rate, this whole "power vs. freedom" line in my opinion ranks right up there with "freedom to innovate." It's called "propoganda." Treat it as such.

  69. Re:Interesting read, but you're forgetting one thi by kin_korn_karn · · Score: 2

    it's a vicious cycle because if one is not making any economic gains as a lower-rung member of the socialist society, then one never becomes part of the gift culture. Thus, you have the same old aristocracy.

    Socialism would work if people were inherently good. Sadly, we're self-absorbed bastards (me included).

  70. Re:Interesting read, but you're forgetting one thi by AmbushBug · · Score: 2, Informative

    If I understand correctly, you actually don't have property rights with regards to software. That's the whole point of copyrights and patents - you don't own ideas, the public does, but you are granted a limited monopoly for a short period of time as an incentive. Remember, software is not really a physical thing like a car or a piece of beef jerky - its a bunch of information.

  71. We are screwed by Anonymous Coward · · Score: 0

    Until we learn that Communist Hippies are smelly and therefore a turn off, our fate in the battle vs. Microsoft is sealed.

  72. Incremental improvements and commercialism by PhotoGuy · · Score: 1

    Maybe I'm just a capitalist pig, and maybe I haven't read the finee print of all the licenses, but here's my take.

    I'm against the GPL. It *restricts* the ways upon which a great public domain code base can be built. And imposing restrictions is not what code should be about, IMO. I like the BSD and X-Window licenses, because they do not impose the same restrictions (as I understand them).

    If I base some *commercial* code upon BSD or X-Windows licenses, and add some incremental value, I can charge for it, without giving away the farm. (Software development, in general, *is* a business, by which people make a living, not a public foundation or a research project. It's this assumption of GPL that makes me worry it won't crawl far beyond the Universities and foundations, and into the real business world, where it must, to gain any measure of acceptance.)

    Now, if everyone thinks what I did to extend the given software was so wonderful, but *should* be free, they're free to clone my *ideas* and *designs* of the extensions, to extend the free code base. Just a SMOP. (Small matter of programming; design is the hard part.) Everyone benefits. Honestly, the alternative is that I just won't bother to build upon that code base to start with. There are *many* GPL'd projects I would have otherwised taken further, but for the forceful, and yes, virus, license. Some of these would have had useful and powerful *concepts* that could have been cloned for free. (And I would undoubtedly have given back *some* portions of code, and all of the conepts, to the public domain). But not under the GPL, where I lose *all* of my competitive advantage for my creations.

    Under a BSD-like or X-Window like license, I can commercial extend a good thing, bolstering Unix, Linux, X-Windows, BSD, and the power of applications on those platforms. I think that's more conducive to the success of non-Microsoft platforms in the world.

    -me

    --
    Love many, trust a few, do harm to none.
    1. Re:Incremental improvements and commercialism by Anonymous Coward · · Score: 0

      "If I base some *commercial* code upon BSD or X-Windows licenses, and add some incremental value...

      That, to me, is what it's all about. You couldn't have "added your value" in the first place if the code wasn't already available (probably others have previously "added value"). If you've based it on the GPL - which the original developer chose - then is it not fair that your freedoms/rights should not encroach on the freedoms/rights of that original developer?

      Ok, maybe you can't realistically charge for it, but odds are you didn't pay for it either! You wan't to earn some money programming? Write all the code yourself (or find a BSD'd equivilant to leech), and stop whinging wbout not being able to freeload of the works of others who want their work to remain free.

      To illustrate:

      If you take software as art, imagine somebody taking a readily available painting (copy of the Mona Lisa?), then changing the background, or a adding a flower, and trying to sell it as their own.,and then wanting to get upset when someone does it to "their" version.

      It just sounds a bit silly to me.

  73. Funny how you "wield" your freedom by coupland · · Score: 2

    Funny thing is that the "free" software that Stallman so advocates is so inextricably intertwined with the IP laws he seems to hate. For example, the GPL could not exist without strict intellectual property laws. For example, with no IP you would have no power to insist all derivatives of your work must be bundled with source code. Without IP laws IBM, Microsoft, etc could use your source code with no credit or disclosure. The only thing that gives you the power to control how your source is used or disclosed is your ownership of that source. If your own source code was not legally considered property then the GPL could not exist.

  74. Hey michael! by Anonymous Coward · · Score: 0

    You Americentric prick. Many countries subsribe to the belief that creators have a moral right, droit morale, to their work that is beyond even copyright. The US doesn't, but many cultures, the French first, I believe, believe that when someone creates something they have a moral claim to it.

  75. ESR's question by mindless_futurist · · Score: 1

    Eric Raymond's essay asks an interesting question:

    "if you two could get a law passed making proprietary licenses illegal, would you do it?"

    He considers the answers "no" and "yes" in turn, and in either case does not draw a favorable conclusion about the FSF's position. Many posts here appear to agree with him, that the FSF wants to impose power of its own over other people.

    But there is another way of considering the question which leads to a different conclusion. I am not attempting to speak for the FSF, though by and large I agree with them, and with michael's editorial comment above.

    In the case of the "no" answer, ESR's riposte is '...that will mean they [the FSF] do recognize a right for developers to choose licenses as they will without being killed, jailed, or threatened for choosing the "wrong" one.' Yet the choice which ESR and apparently many slashdot posters support is only meaningful in a certain kind of context.

    This is the context where, should the developer choose a proprietary license, the power of the State is available against transgressors of the license. The context where people are well aware that they might, as ESR puts it, be "killed, jailed, or threatened" for failing to abide by restrictions of their use of information.

    This is of course the state of affairs we are in today; where for example every person viewing a DVD (in the USA) is routinely threatened with the FBI for copyright violation; where Dmitry Skylarov is apparently being made an example of to make sure that everyone understands the consequences of "bucking the system".

    When you look at it this way, the question becomes rather strange. It would be peculiar to ban proprietary licenses but leave intact the machinery of coercion on which they depend. If the machinery were not available, proprietary licenses would most likely wither, since everyone would know that such licenses could be ignored with impunity. (The same applies to the GPL, since it depends on enforcement of copyright law.) One can therefore answer "no" to ESR's question without supporting any restrictions on the use of information.

    Is there any way to support the freedom of choosing proprietary licenses without supporting the means by which people can be "killed, jailed, or threatened" for breaking them?

    --
    Nick
  76. Freedom vs. Power - Not their decision to make by Toodles · · Score: 4, Interesting

    However, one so-called freedom that we do not advocate is the "freedom to choose any license you want for software you write". We reject this because it is really a form of power, not a freedom.

    This just doesn't sit well with me at all. I don't demand that the people who create software I use release under the GPL over whatever license it is currently using. I *will* look for alternatives, with my priorities being cost and opensource, in that order. Remember, this is a 'free software' group speaking, not the 'open source' group; big difference. A manifest destiny declaring all software should be GPL'ed should be met with serious opposition.

    My code, that I work on, is mine. I owe to no one the work that was involved. (Code produced for an employer is different. For now, I mean code I do on my spare time.) *If*, and this is a big If, if I distribute my code in any form to anyone, it is entirely at my descretion. I own my work, and I'll do with it what I please. I am very happy to abide by the GPL in gpl'ed code. The reason is it's *their* code I'm using. These are *their* conditions they want the code used for, and I will keep my end of the bargain in return for their generosity in providing for everyone. If I don't like it, I don't *have* to use their code.

    No one, not even RMS, is going to tell John Carmack that Doom 3 *has* to be released under the GPL. However, if RMS wants to spout that His Immenence Carmack is taking advantage of power, he would cause more harm than good. John Carmack knows the value of the GPL, and has shown this many many times over, with the release of Wolf3d and Doom source code, followed by the GPL of the Doom and Quake source. This has done tremendous things for the home brew gaming community, and while he can't measure in dollars the good he has done, I hope he has even a close approximation of the help he has provided in the releasing GPL. I will follow to the letter every section of the GPL in any work I do based on John's released software; not out of fear for lawyers, but out of respect for John's contribution. His gift.

    No one has the right to say what we can or cannot do with our 'art', code in this case. RMS can spout anything he likes, but the moment he decides that my release of SuperWhizBangTurbo MUST be GPL'd is the exact moment his freedom to swing ends at my nose.

    RMS, we appreciate what you've done, and what you fail to realize is the sheer enormity of code released daily under the GPL. However, what your proposing is not 'increasing the freedoms of computer users everywhere', you are 'taking away the rights of programmers everywhere'. We do, have been, and will continue to release under the GPL at every opportunity. However, we will find something else in protest if any effort is made to force us to do so. Even if its for the greater good, we are stubborn individuals, and will resist any effort to force us into submission.

    Toodles

    --
    Toodles D. Clown
    1. Re:Freedom vs. Power - Not their decision to make by Thalaric · · Score: 1

      You cannot rightfully claim it is a freedom to restrict someone's use of a product that they own.

  77. Freedom good. Power bad. by ukryule · · Score: 1

    This seems to be the underlying (black & white) assumption to this little rant. What about the power to help people? Or the freedom to hurt people?

    Writing software gives you power (if it's good s/w ...) - which is the reason that companies employ software developers. This power can be abused, but that doesn't make it bad ...

    1. Re:Freedom good. Power bad. by kawlyn · · Score: 1
      If you expand on that, giving other people power, is not necesarily a good idea. I personally know several people that I would not want to give more power to.

      Having said that, this does not detract from the message. In fact I rather enjoy these ongoing discussions of what freedom actually means. Everyone has their own interpretation of this, and well they should. If you can get by the flames and the trolls (please adjust your thresholds accordingly) there are a lot of good ideas to be had, here and elsewhere.

      With a little luck you will find other people who's idea of freedom is close to your own. I really believe that this is the best that we're going to get. That however doesn't mean that we should stand still. People write software mainly 'cause it's a cool way to kill time, or pay rent and buy cool things like DVD's and Spawn action figures.

      The license that they are going to release the software under has to do with where their personal understanding of freedom lies.

      Can you really tell someone that their own understanding of freedom is wrong. I could not, but I might be interested in speaking (typing) with them to try and glean some understanding of their position. Later I would relate my position if they were interested in hearing it.

      This latest piece on the nature of power raises some interesting questions. As one who writes code your work preceeds you, and may or may not impinge on the freedoms of those who would use it.

      Anyhoo, it's interesting to read, in the meantime I'm gonna break out another six pack and watch the LOTR trailer again.

      --

      When someone yells "Stop" or goes limp, or taps out, the fight is over.
  78. Let Anarchy Ring by gensemer · · Score: 1

    We Don't Want Your Software Industry, We Just Want the World

    (Let Anarchy Ring)

    Hooray for S & K! As usual, the standard /.'ers response is to ardently
    defend the "right" to copyright. Anybody have the guts around here to
    seriously question the "right" to private property in the first place?
    At base that is what S & K do here. Once land was viewed as something
    many people could do many things with, and which animals had a right to
    inhabit; today it is generally viewed as something the owner can do what
    they please with, and nobody else even has a right to walk through. As a
    result we are all more impoverished. Now not only our land, our natural
    resources, our air, mountains, oceans, rivers. etc. are owned and
    controlled by a small elite, but creative ideas.

    The basic model on which GPL is based is academia; people are entirely
    free to quote, cite, reference and use each others' writing and ideas.
    I'm in atomic physics and all of the work I've done and my colleagues have
    done is entirely free and open; yet somehow, we keep working, moving
    forward and being productive. As a community we learn, develop and share
    our ideas, and we prosper incredibly from this exchange. And we are
    decades ahead of industry in every technological frontier. On top of
    that, we do it all on pennies compared to what industry routinely spends
    to do vastly simpler stuff. Most of our money actually comes out of odd
    corners of education funding.

    One can easily make the claim that industry would lose its raison d'etre
    if patents disappeared, but I'm sorry, this is bullshit. If a company is
    big enough, they make whatever they want regardless of who owns the patent
    and bulldoze whoever tries to sue them. /.'ers who follow the MS gossip
    know what I am talking about. The only real advantage is gained through
    industrial secrets, which don't usually last very long, and have nothing
    to do with patent law. Patent law does not defend the weakling inventor
    in his garage from the big company. It is a slegehammer that big
    companies use to demolish their competition. Patents have nothing to do
    with freedom, no more than copyrights or landownership.

    Instead of meekly defending the coroporations that are ruining our music
    with copyright law, and plastering all the rest of our culture with
    advertisements, let's stand up and take credit for the incredible success
    that free software has been, and travel on to spread freedom to other
    parts of our society. Why not bring the kind of freedom OS programmers
    enjoy to medicine, agriculture, publishing, music, land use? The robbery
    of our minds, culture and resources has enslaved us and is enslaving more
    of the world, more deeply, every year. In the words of someone, we don't
    want your software industry, we just want the world.

    Let's be honest, too, about what we're asking; Stallman took a few months
    off, lived off his savings and started a non-profit organization, he
    wasn't Jesus on the Cross or anything. We're not all going to starve if
    we throw our lot in with free, open projects. Compared to most of the
    world, Linux programmers who live in their parents' basements and collect
    Star Trek DVD's have it easy.

    --
    PEACE LOVE FREEDOM ANARCHY
    1. Re:Let Anarchy Ring by praxim · · Score: 1

      Yes, we can preach the great idea of sharing all day, but the bubble bursts when someone asks you to share your girlfriend...

    2. Re:Let Anarchy Ring by HKTiger · · Score: 1

      Except that your girlfriend isn't *yours*, she's hers. And she can do what she likes with herself.

    3. Re:Let Anarchy Ring by HKTiger · · Score: 1
      Anarchists of the world unite! I must applaud this sentiment, for personal and professional reasons.

      Anarchism is such an attractive political system because it involves organisation from below, which assumes that even those at the lowest level (however you choose to define *that*) are sensible, responsible human beings. The antithesis is organisation imposed from above, which assumes that everyone except the PHB at the top of the heap is a know-nothing-Bozo.

      Which assumption makes *you* feel better? Which assumption makes you snarl and write vituperative posts to Your Online Forum Of Choice? Which assumption underlies the actions of, say, various governments who enact odd legislation regarding electronic transactions, whether p0rn, music copyright, SW licensing, or whatever? Or *do* they, like Daddy, really know best after all?

      I would suggest that your freedom to do what you like with your code stops once you give it to me: if I agree to a license of whatever form, then I can be legally bound by that, but if not, then it's now mineminemineminemine, and I can do what *I* like with it. If you don't want me to paint it pink and call it Horace, then stipulate that in a legal agreement (ie license), but don't try to tell me that the end of punitive copyright laws will spell the end of Software As We Know It.

  79. there is a price for freedom by Anonymous Coward · · Score: 0

    The people in the village were real poor, so none of the children had any toys. But this one little boy had gotten an old enema bag and filled it with rocks, and he would go around and whap the other children across the face with it. Man, I think my heart almost broke. Later the boy came up and offered to give me the toy. This was too much! I reached out my hand, but then he ran away. I chased him down and took the enema bag. He cried a little, but that's the way of these people.

  80. Rank Communism by Sandor+at+the+Zoo · · Score: 2, Insightful
    Stallman and Kahn make the argument that society is better off if the fruits of everyone's labor is given out for free to everyone else. This is rank communism.

    The freedom to do what I want with my creations is just that -- a freedom.

    If I want to write software that I then shred, that's my right. Stallman would force me to give it away.

    Screw Stallman.

  81. It's Freedom vs Power when it's Developer vs User by Andrew+Scott · · Score: 1

    Taking this argument from the perspective of a developer of a new project, freedom and power are a bit blurred. My freedom to choose a licence is due to the power provided by copyright laws, etc.

    However, from the perspective of a user, this is much clearer cut. If I've just received the source code of a project distributed under a "free" licence, then I must abide by the conditions of that licence when I make further copies or product derivative works.

    In this case, my freedom to do what I want with the code is restricted.. I don't have the right to decide on which licence I distribute the work under. The developer has used their power over me to restrict my freedom to choose a licence.

    But imagine what would happen if I did have the freedom to choose a licence.. I could take software under a "free" licence and distribute it under a "closed" licence. Obviously, this is not what the original developer wanted when they released their code. The developer has consciously used their power, provided by the copyright laws, to restrict my freedom.

    Andrew Scott

  82. Standardization of component licenses by Animats · · Score: 2
    At least for components that are likely to be used in something else, standardization is a big win. Otherwise, you run into a licensing mess when using open-source components from different sources.

    If it's something you need a compiler to use, it probably should be licensed under the LGPL. Otherwise, unless it's really unique, it's likely to become abandonware.

  83. The power to be free by Anonymous Coward · · Score: 0

    Do you have the power to be free?

    Let's see a few basic "Freedoms":

    1/ The right to have guns
    That's a basic freedom for most Americans, and in particular for ESR. Now I ask you: Does your gun gives you more power or more freedom ?
    Native Americans where more free before the wasp came into ...power....to impose their "freedoms" with their guns.

    2/ Free speech
    Again, a freedom americans believe in a lot. And so the freedom of the medias. But again see we refer to the media as a Power.

    Basically what should we do with powers ?

    Choice 1: Nobody should have it. So everybody is free. Right. That's call anarchism. That's great but I don't think anrachism will allow society to develop new technologies.

    So it doesn't work, in our societies we need some kind of power to manage the stuff. Thats choice 2. But There again we have choices:

    2a: The power is given to the "collective", not to individuals. Thats comunism. And we know he doesnt work. I guess the main reason is that in the end the collective is managed by a bunch of individuals.

    So here come the last solution:2b: give the power to individuals.

    The only problem is that to seize a bit of power you need one thing: KNOWLEDGE. You need to be educated.

    If you know how to make guns, you have power. If you know how to make money you have power. If you know who to make software you have power.

    So it comes to this:

    Knowledge gives you power gives you freedom.

    The only other way is "nobody knows so everybody is free" (You have to read Rousseau to understand that)
    But then you are free to do what animals do, and not much more because you don't know the rest.

    bottom line: "SOCIETY IS BASED ON POWER"

    But hopefully thats doesn't preclude Justice or Freedom if the peoples who have the Power are nice.

  84. Knackering my Mod points... by sparkz · · Score: 2, Informative

    But I've got to reply here - I can't mod everybody down !!!

    What is this attitude? I didn't totally get RMS' argument, sure, but ESR's really made the case final.

    I can only recommend that you read the article by ESR before you start agreeing with him !!!

    --
    Author, Shell Scripting : Expert Re
  85. Another way to look at this is like Bullshit. by Anonymous Coward · · Score: 0

    That's right, bullshit.

  86. Why do you use the GPL? by Anonymous Coward · · Score: 1, Insightful

    You are all crying that RMS is taking away your choice as to what license to chose. You want to chose the license for your code, whatever it may be.
    I do understand that.

    But why are you all advocating the GPL? The GPL forces you to use itself if you alter the program and redistribute it, even if you nearly changed the whole thing. It provides exactly the lock-in that RMS advocates in his article.
    If all programs were GPL'ed and we Linux had 95% market share, I would be forced to use the GPL if I wanted to release a program because I sure as hell would link to some library.

    Anybody who is against these views by the FSF should use a BSD style license and definitely not the GPL.

    1. Re:Why do you use the GPL? by Anonymous Coward · · Score: 0

      Advocating the GPL and seeking to deny choice are not the same thing.

      Choosing to use, encouraging people to use, advocating the use of the GPL retains the most important factor: the choice of the originator of the software. The license does, as you say, enforce a lock-in, but only after a choice is made. Then, any further users also have the choice - use/modify/distribute the software under the terms of the GPL or don't have any rights with the code beyond basic usage.

      Stallman desires no choice here, which naturally many find apalling.

      If all programs were GPL'ed and we Linux had 95% market share, I would be forced to use the GPL if I wanted to release a program because I sure as hell would link to some library.
      This is a similiar argument to that which is made against Microsoft. I believe it to be an unreasonable argument in both cases. No-one forces you to use MS software or GNU libraries. It may be harder or more work to take the alternative route, but it is and will always be possible. In your example, using GPL'd libraries may be easiest and quickest, but the alternative option of writing it all yourself will always still exist. You still must make the choice of using the GPL. Even in this extreme example with practicality against you, there is still choice.

  87. Re:Is a RMS-free license free? by coyote-san · · Score: 2

    There are times when I may not want to give someone the right to redistribute my code, or modify it, or even to view it in its entirety. I may not like this myself, but in the real world it sometimes happens. (E.g., maybe my application requires a commercially produced third-party CD for its operation. Think of a game, or a data-intensive application. I don't have the right to redistribute that disc, nor can I confer it to others.)

    Right now I can weigh the overall benefits and decide that partial disclosure is better than none. E.g., maybe I can publish a p-code interpreter even if I can't publish the p-code or its source.

    But under an absolutist approach, I can't publish anything. The p-code is no real loss, since I couldn't distribute it anyway, but now nobody gets to see the interpreter either.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  88. Why don't we just amend the US Constitution... by iskander · · Score: 1

    ...so as to guarantee that libiberty and justice for all I heard so much about in my high school Government class? It didn't make much sense to me then, but this latest essay by Stallman sure makes it sound like a great idea.

  89. The Rights of the Developer by Mad+Marlin · · Score: 1
    Say what you want about GNU, but they are the only voice in the free software or open source community that has the balls to stand up for what's right, rather than spending their time worrying which "open source" company is making their profit margins, whether or not we'll be taken seriously by Bill Gates ¥the answer is - who cares and worrying about whether or not free software or open source is a "viable business model"©

    I must disagree with you© The GNU/Linux world is the main segment of the free/open software movement that cares at all about Bill Gates, profit margins, and viable business models© The Linux community has a very deeply ingrained hatred of anything Microsoft, beyond that of anybody else ¥excepting a few Macintosh zealots© Take the website as a prime example© Rarely does a day go by without Slashdot posting some article about how Microsoft is going to implant microchips in your hand ¥or, optionally, your forehead, whichever is a more convienient location for you to be followed up with the sacrificing by fire of all of your firstborn sons© Even the icon for Microsoft stories on Slashdot is absurdly telling of the general sentiment, a ``Borg Bill Gates'', instead of the Windows logo, or something else more officially Microsoft©

    They stand for freedom, they stand for high quality software, and they got GNU/Linux to where it is today© Or maybe you'd like to try running Linux without the GNU system© Good luck©

    The quality of Linux is, in my opinion, not really all that impressive, except when it is put in comparison to the quality of Windows© While it might be challenging to run Linux without GNU ¥especially since the Linux kernel itself is under the GPL, if I remember correctly, It is not at all chllenging to run Unix without a single piece of GNU software©

    They are trying to prevent people from doing one thing, and that is taking freedom away from others© But taking freedom away from others is no more a "right" or a "freedom" than taking people's property from them or their lives© Nobody complains that their inability to rob people is "the government taking their freedoms away from them"©

    I seriously dislike the GNU GPL specifically because it takes away freedom from others© Under the GNU GPL, you don't have the freedom to mix closed-source software in ¥at least not very easily, and you most definitely don't have the freedom to mix it into closed-source software© But the main reason that I dislike the GNU GPL is because it breeds a lack of respect for the developers© Too many people feel entitled to the software, and ignore one vital point about the software: The developer does have the right to dictate how you use the software, and if you don't like the terms, you don't have to use the software© It is the developer's labor which created the software, and just as I am not entitled to free use of the labors of anybody else, they are not entitled to my labors© That is why I prefer the BSD-style licencing© It emphasises the fact that I am providing the software as a gift, and the only reason you are getting to use it is because I am a nice guy© You have no entitlement whatsoever to my work© Also, since the software can be packaged by anybody into a closed system, with no other constraint than giving me credit, any misguided plans to get rich from the gift ¥leading to all of the failed Linux companies don't get in the way of developing a better work©

    1. Re:The Rights of the Developer by rmgrotkierii · · Score: 0

      Even the icon for Microsoft stories on Slashdot is absurdly telling of the general sentiment, a ``Borg Bill Gates'', instead of the Windows logo, or something else more officially Microsoft©

      Actually that is the official Corporate symbol (the "Borg Bill Gates") of Microsoft, if ya went inside the Redmond campus, you would see that symbol EVERYWHERE! That symbol was leaked to the public a few years back. :)

      --
      Reality is for those who can't face Science Fiction.
  90. ... by MagPulse · · Score: 1

    Doesn't the FSF want the power to keep me from using GPL'd code in my truly free public domain software?

  91. Re:Interesting read, but you're forgetting one thi by Anonymous Coward · · Score: 0

    Property:

    When you "distribute" property doesn't that means you transfert property rights?

    How does property apply to software?

    When you copy and sell your software, does the buyer has property rights on the new copy?

    If you had a "replicator" and you were able to clone Pentium IV as easily as you clone software, how would the property right apply?

  92. stallman == idiot by Anonymous Coward · · Score: 0

    I'm not really sure what this guy's agenda is, reading through this manifesto BS I get one thing out of it.

    freedom for users.

    starving developers.

    another small detail, the GPL has never been tested in court, so say you do talk a bunch of developers into basically eating their shoes so they can write 'free' software. Then some asshole comes along and swipes it, neat, you think stallman would pony up the cash to fight it? fuck no, he'd just say how 'wrong' it is, and continue to advocate his hippy bullshit.

    I will write free software when I get a free house and free sex and free hamburgers.

    till then, mr stallman, suck my commerical developin dick.

  93. Fists and noses by Macrobat · · Score: 1
    If you take the canonical description of freedom ("Your right to swing your fist ends where my nose begins") and apply it to software, it's pretty clear that true freedom would not let one person control what another does with software.
    My question is, is software I write "my fist" or "your nose?" Seriously, I don't really see how this metaphor justifies anything.

    --
    "Hardly used" will not fetch you a better price for your brain.
  94. And rms vanished in a puff of logic ... by gaj · · Score: 1
    Jesus H. Christ on a popsicle stick. I've always known that rms was a bit left of center, but wow. No really, I mean wow .

    IMO, any exchange that doesn't represent a value for value transaction is inherently harmfull to both parties. If I choose to give code I wrote to another, gratis, that's great. As long as I can honestly say that I'm getting a fair trade, that is. My "payment" may be in the ego stroke of seeing someone else getting value from my work, the gratitude of that other person, or even just the relief of seeing that I didn't waste my time creating the software.

    Now, if I find that I'm giving my software away, but getting no return, there's a problem. It doesn't matter why I'm making the "sacrifice"; it only matters that it is harmfull. Regardless whether I do it because I'm pathetic enough to give in to "peer pressure", or if I'm forced to by Stallman's brown shirts someday in the future when we all get the great pleasure of living in rms's "utopia", it's causing me harm. And, when the other person gets "something for nothing", it fundamentally causes them harm; by not requiring them to return value for value, they are weakend. They become a little less autonomous, a little less independant, and, frankly, a little less free.

    I've got nothing against the idea of free software ; in fact I do my best to use nothing else. However, I always do my best to make it a value for value proposition. Sometimes I pay for the free software, sometimes I offer bug fixes, sometimes I only offer bug reports (though I try to make them usefull) and sometimes I only return the value through praise and promotion; regardless, I do my best to hold up my end of the transaction.

    Stallman and Co. are trying to rob me of my freedom by making me dependant upon others. By them preventing me of placing value on my creations, the would rob me of the ability to enter honestly into transactions with other. From each according to their ability, to each according to their need is bullshit. From each according to their will, to each according to their ability to match value for value. That works in the real world, and is healthy for all involved. Bottom line: enlightened self interest is good.

    Bah. This whole argument tires me. Stallman can think and do what he wants, and I certainly appreciate his "gifts". However, I reject his moral superiority, and I reject (and will defend myself against) his attempts at stealing from me the fundamental right to trade value for value with others.

  95. In Other news... by aquisgrana · · Score: 1
    ...It has been decided that the freedom of the users of food requires that all producers of food must give it away for free.

    Sorry RMS, life is just not so simple. You can't make a programmer use the license you would like, since you can't actually make someone write a program. (Barring coercion...do you propose that all programmers should be slaves?)

    So for instance, you can't actually make me do anything with the code I have just been labouring over. Not that it would actually be useful to anyone else anyway but just supposing someone did want it...I can make any sort of contract I like with them. We would both then be bound by the terms of the contract. Or I can keep it to myself.

    This plan is not actually communist, since at least Marx did propose "from each according to his ability, to each according to his needs" (OK, it didn't work out that way in practice) But this plan seems to expect the programmer to work for nothing.

    Don't get me wrong, I think it is a fine thing to write open soure software and give it away. But whoever has put the effort into writing it surely must have the right to decide what to do with it. Including the right to accept money for the work ifthe opportunity offers.

  96. Or maybe... by hearingaid · · Score: 1
    People will attack them with glib wordplay like you've done in your post

    I just can't resist posting this.

    I misread the above at first. What I read was:

    People will attack them with glibc wordplay like you've done in your post

    :)

    --

    my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  97. Freedom? Really? They need to think a bit... by Anonymous Coward · · Score: 0
    I find the contradictions in this Kuhn-Stallman piece quite ironic, almost amusing. They claim However, one so-called freedom that we do not advocate is the "freedom to choose any license you want for software you write". We reject this because it is really a form of power, not a freedom.. The amusing portion is that freedom means effectively the unobstructed process of making a decision and acting upon it. If you create something, you (or those that have commissioned you to create the work) have the right, and actually the obligation, to define for the rest of the community/society the specific rules by which this work may or may not be replicated, distributed, etc. That is freedom in its truest sense. You have the right to make an unobstructed decision. You have the right to excersize that decision.

    So here these two gentlemen are arguing that it is immoral for you to excersize this right. And here is the contradiction. At the very end of their own piece they do in fact excersize the very right they wish to deny. To wit Copyright © 2001 ....

    If this weren't so sad it would be amusing. If these two really truly believed that copyrights are bad, they would not have imposed their will by using this legal method which they rail against.

    You, dear reader, are allowed to copy and distribute their entire article.... AS LONG AS (some conditions). That is, they are excersizing their freedom to choose the manner of distribution and dissemination. By doing things in this manner, they have imposed a particular condition upon you, that is your responsibility to fulfill.

    So explain to me how this is freedom?

    If I chose (which I have not, this is a purely hypothetical gedanken experiment) to reproduce their work in its entirety, and give a different attribution, ignoring the plagaristic side of it for the moment, they would be perfectly within their rights to sue me for damages. That is, THEY and only THEY as original creators of the work have the right to decide upon the mode/method/etc of dissemination/distribution/diffusion. They had the option of writing something like the following "We grant unlimited, perpetual license to freely disseminate this work. No conditions apply to the use of this work."

    That dear reader, is freedom. When ever you want to see what a person or group really stand for, watch what they do, not what they say. Kuhn and Stallman hide behind the copyright law here, the very one that they criticize as giving power to the creators of a work (be it code, or text, or whatnot else). They excersize this power in the last 2 lines of their note. They are perfectly in their rights to do so. They have a right and a responsibility to defend their rights.

    What they ought to stop doing is criticizing others for doing exactly what they are doing. If they truly believed in freedom, they would excersize this freedom. They chose to excercize their "power" instead. And that is within their rights to do so. As it should be with everyone. Maybe it is time for them to stop complaining.

  98. The sad alternative to a strong community by iskander · · Score: 1
    Without this right one does not have a strong community and does not promote civil involvement.

    Ganz genau: without access to the source code, the best you can hope for is a free forall -- really nothing to write home about.

    [BTW, mckelveyf, I am not trivializing your point with this pun. The serious take on it is seriously meant, too. But it's 4AM, I've been doing battle with GDB for many hours now, and it's getting hard for me to keep a straight face while reading all the dogma (elsewhere) in this discussion.]

  99. Bloody mods by hearingaid · · Score: 2

    Read RMS' article. He defines the two terms, and while I'm not sure he's got his definitions right, they're the ones that are relevant for discussing his arguments.

    --

    my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  100. Elitism by glasser · · Score: 1

    If code is law, as Professor Lawrence Lessig (of Stanford Law School) has stated, then the real question we face is: who should control the code you use--you, or an elite few?

    If they really felt so strongly about elitism, why do they feel the need to mention that Lessig is from Stanford Law School?

    1. Re:Elitism by hearingaid · · Score: 2

      So that people will know it's that Lessig.

      The guy's famous. It's like saying Richard M. Stallman, of the Free Software Foundation.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  101. Re:Just wait... by Anonymous Coward · · Score: 0

    More please!

  102. FSF not about politics? Ho Ho Ho! by Chuck+Chunder · · Score: 2
    Well screw the politics. GNU is offering you freedom in your software. Nobody's forcing you to take it.
    They're not in a position to. But I'm sure they'd like to be. If you read the article it clearly states that they do not advocate the freedom to choose non-Free licences. They don't think this is a freedom at all, but the opposite. If they were in a position to require Free licences they surely would be doing it.

    RMS even wants the GNOME project to not mention proprietary software as a matter of policy. If that isn't an attempt at censorship for political reasons I don't know what is.... It's actions such as these that "moderates" may find offensive.
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  103. Who fronts the bill? by JohnG · · Score: 2

    So, if we don't have the choice of how we release our software, if a "free" license is required (which as many have pointed out, can therefor not be "free") who is going to front the millions of dollars that get sunk into developing a modern commercial game? What about all of the money that goes into the research for scientific programs, etc.? The bottom line is the cost of duplication isn't the only cost involved. It costs very little to copy Titanic, but it cost something like $200 million to MAKE Titanic. The same goes for software, and to a lesser extent music.

    1. Re:Who fronts the bill? by WildBeast · · Score: 1

      Last time I checked, even doctors don't work for free. Oh, I guess software development is more important than saving people's lives

    2. Re:Who fronts the bill? by hearingaid · · Score: 2

      Most of the research for scientific programs is government-funded, and most of those aforementioned programs are released under OSS licenses anyway.

      Movies and music are not what RMS is talking about. He's interested in computer programs.

      Modern commercial games are an interesting problem. Many of them can be dismissed, as they contain significant copyrightable non-program elements: for example, artwork.

      However, there are games like Quake and Unreal where realy the engine is the game; there's nothing else important.

      My argument is that games like Quake should be able to get patent protection, and rely on patents for all of their intellectual property protection.

      Yes, I actually think that the binary code of computer programs should not be considered subject matter of copyright, and this is where I diverge pretty radically from RMS. He's against patents; I see room for them. They're only 20 years and they require public documentation of the algorithms used.

      Sure, the Patent Office screws up pretty often, but that's a separate issue. With copyrights, you're stuck with the things practically forever, and there's no disclosure.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    3. Re:Who fronts the bill? by JohnG · · Score: 2
      Movies and music are not what RMS is talking about. He's interested in computer programs.

      Well, that sounds like a double standard. IP is OK as long as it isn't IP that affects HIM? The analogy works, the fact that RMS chooses to ignore that is irrelevant.
      The reason I like copyrights is that I don't think that someone should be able to release a game called DOOM, that involves a marine going to hell and beating up the bad guy, or a cartoon mouse named Mickey Mouse. These things deserve protection for the life of the company, becuase after someone has associated DOOM with Id or Mickey Mouse with Disney, any use of such entities reflects back upon the company.
      For example if someone were to make a cartoon porn movie called Minnie Mouse does Dallas. That would make Disney look bad and there's no reason why it couldn't be a mouse named Betty that looks surprisingly similar to Minnie. A rather perverted example, I know, but it has to be perverted to best illustrate potential damage to Disney.

    4. Re:Who fronts the bill? by hearingaid · · Score: 2

      Let's face it here: RMS is a computer programmer. He's not a musician or a moviemaker.

      He's interested in computer programs. He's never spoken out about the effects of IP on other industries. I suspect he doesn't care.

      Wow. You believe in eternal copyright protection. Sonny Bono would love you.

      You also believe in protecting private corporations against anything that makes them look bad.

      Wow. Ever hear of free speech? :)

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    5. Re:Who fronts the bill? by JohnG · · Score: 2

      Where in the blue hell, did I say I believe in protecting private corporations from anything that makes them look bad? What I said is I believe in protecting private corporatins from using THIER own products to look bad.
      I'll slander Microsoft till till the cows come home. Windows is one of the shittiest products I've ever used. But I'm not going to release my own Operating System called Windows. Nor should I have the right to. It would confuse consumers as well. They would buy my Windows thinking it was from Microsoft and therefore "good". If I made a game called DOOM 4, they might think it is a sequel to DOOM 3 from ID and therefore buy it, only to find out it is a 2d puzzle game. If I made the aforementioned Minnie Mouse does Dallas they might think it is a show about shopping or something, Boy would they be in for a surprise!
      There is a HUGE difference between what you are talking about and free speech.

    6. Re:Who fronts the bill? by arkanes · · Score: 1

      You're confusing trademark issues with copyright issues. Trademakrs are symbols of the company. Copyrights are artistic works. Trademarks can be (and often are) copyrighted.

  104. I got news for you Mr Stallman by WildBeast · · Score: 2, Interesting

    At the start of his essay he states : "The love of liberty is the love of others; the love of power is the love of ourselves." -- William Hazlitt

    We're 6 billion people on the planet, if I cared about others more than I care about myself, I'll probably be dead by now. The only people I care about is me, my family and my friends. That's it.

  105. OT Ramble by Enahs · · Score: 2

    Nice use of a Red Dwarf quote (I love the macho Rimmer ;-) but did you post that from, say, Win2K using IE? If so, WTF is up with the copyright symbols? Did MS finally change from CR/LF to something else? Is that Unicode for "Enter"? What is going on, Ye Gods Above?

    --
    Stating on Slashdot that I like cheese since 1997.
  106. The ends do not justify the means. by rahl · · Score: 1

    Or is social progress irrelevant? Is there some legal precept paramount to the greater social good?

    The ends do not justify the means. If we sacrifice all our individual freedom - because that's the logical endpoint of what you suggest - to the 'greater social good', then where will we be? We'll have a wonderful 'society', a wonderful, flourishing, ABSTRACT CONCEPT.

    People are what matter in this world. If RMS had a chance to inflict his ideas fully upon the world, we would face oblivion of the indivudal.

    -rahl

    --
    Reality is indistinguishable from any sufficiently advanced fantasy.
    1. Re:The ends do not justify the means. by Hobbex · · Score: 2


      How can giving people the ability to tell others what information they can and cannot communicate, and what programs they can and cannot run, possibly be an individual freedom? Even (sane) proponents of copyright law will admit that it, not the absence of it, is clearly a deviation from individual freedom - one enacted for utilitarian reasons of promoting creativity (read the American constitution for example).

      Being given the legal mandate to tell people what they cannot do with information, just because you happen to have written it, can never be construed as a freedom and can thus only be justified in the context of social benefit, as the poster you responded to wrote. It is little different from my and my peers practice of forming a government that taxes you - taxing you is not "our individual freedom" it is a power we grant ourselves and justify in a social context.
      Ask yourself who has been more threatening to your individual freedom of late. RMS and others who advocate free communication, or the MPAA & RIAA and their laws like the DMCA and SSSCA? (Which are both justified and _necessary_ laws if we are to put the protection of copyright above it's social cost.)

  107. Who didn't realize this after reading the GPL? by evilviper · · Score: 2
    Call me crazy, but it's quite obvious that Stallman wants to control everything you make just by reading the GPL.

    you have the option of following the terms and conditions either of that version or of any later version


    In other words, he can make any changes he wants, and your software automatically assumes that license. I.E. He starts working for 'PC Corp' and he changes the license so that 'PC Corp' may legally use the source for any GPL'd project without releaseing the modifications.

    That's just one example... There are more just like it.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    1. Re:Who didn't realize this after reading the GPL? by ZxCv · · Score: 2

      Yes, yes, I know this is flamebait, but I had to bite anyway.

      you have the option of following the terms and conditions either of that version or of any later version

      Gee, to me that sounds like I have the option of following the terms and conditions of the current version and completely ignoring any future changes.

      --

      Perl - $Just @when->$you ${thought} s/yn/tax/ &couldn\'t %get $worse;
    2. Re:Who didn't realize this after reading the GPL? by evilviper · · Score: 2

      Yes, as an end user you have that option... As a developer you don't have any choice over which the end users choose.

      If Stallman changes the GPL into a BSD-like license, your GPL'd software now becomes pratically public domain.

      As I said, Stallman can change it to benefit himself, and any of the GPLed software is now available under than license because of that single clause.

      He also says you may not modify the license, so you couldn't remove that clause and use the rest of the GPL without it... It's all or nothing.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:Who didn't realize this after reading the GPL? by Samrobb · · Score: 2
      He also says you may not modify the license, so you couldn't remove that clause and use the rest of the GPL without it... It's all or nothing.

      Interesting. Never really thought about it, but what you're pointing out here is that the GPL itself is not GPL'd... which, by RMS's own definition of freedom and power, demonstrates that it is the means by which the FSF maintains it's power at the expense of your freedom.

      --
      "Great men are not always wise: neither do the aged understand judgement." Job 32:9
    4. Re:Who didn't realize this after reading the GPL? by ZxCv · · Score: 2

      I see what you're saying now. For some reason, I can't see licensing my code under a license which allows someone else to dictate the terms in the future. Either way, this is yet another reason why I would never ever release something under the GPL.

      As well, I'm sure a good number of free software licenses started from the GPL, or at least some of the ideals of the GPL. Tons of alternatives to the GPL have sprung up, I'm guessing in reaction to many of the GPL's suffocating restrictions. While maybe not word-for-word, essentially these licenses took the GPL, removed the clauses they didn't like, changed some verbage and voila! So while you may not be able to label your software as licensed under the GPL, you can still license it under terms which are very similar, but less restrictive.

      --

      Perl - $Just @when->$you ${thought} s/yn/tax/ &couldn\'t %get $worse;
    5. Re:Who didn't realize this after reading the GPL? by evilviper · · Score: 2

      I just hope everyone sees the irony in the fact that you called my original post 'flamebait'. :-)

      As far as other license similar to the GPL, most are simply intended to allow the developing corp. to use the code for any purpose, while placing the restrictions on everyone else.

      Most people are still using the GPL, blindly ignoring it's holes. So all of us BSD'ers will be laughing our collective asses off when the next version of the GPL says code can be used in closed applications as long as $10,000 is deposited in Stallman's swiss bank account.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  108. So toss the IP laws out . . . there's still Equity by Danneskjold · · Score: 1


    So, say we had no IP laws. I think companies would resort to unfair competition laws to prevent their competitors from doing many things that today fall under the ambit of copyright, trademark, and patent law. The IP laws may be an outgrowth of the received wisdom of the founding fathers, but they reflect the notion that one has a right to prevent others from engaging in a dishonest rivalry in trade or commerce with oneself.

    At least to me, it's clear that modifying the software of another and redistributing it, without their permission, is an attempt to pass off the goods or business of one person as that of another. If a person grants you the right to redistribute it, then unfair competition is obviously not an issue. But asserting that freedom requires creators to surrender their right to compete fairly in the marketplace is misplaced hyperbole.

  109. You just made the opposite point. by rahl · · Score: 1

    Well screw the politics. GNU is offering you freedom in your software. Nobody's forcing you to take it. If you'd rather have the shackles of proprietary software, go use the proprietary software, and you may just find out why everybody's been talking about GNU/Linux for so long.

    I find it rather funny that, looking past your rhetoric, your last paragraph - intended to be an ultimatum of sorts - is actually the right solution. Freedom to choose. People should be able to choose free software OR proprietary for their own computers - isn't that something that affects 'them' most? What could RMS's defense be if he took this freedom away from them in the name of a different freedom, that to modify their own software? The only conclusion is that he's choosing for them again. No matter how you look at this, RMS is taking away individual freedoms for his warped ideas of same.

    You had it right, at the end. Nobody should force anyone to take 'freedom in [their] software'. Don't forget - to be 'free', or not to be 'free', is also a choice that free people get to make.

    -rahl

    --
    Reality is indistinguishable from any sufficiently advanced fantasy.
  110. freedom to take away freedom by abe+ferlman · · Score: 5, Insightful

    Your simple post is attractive for its conciseness, but you conflate the power to take away freedoms and the power to protect freedom. They are different.

    The distinction is actually rather obvious. You have the freedom to do anything you like except take away freedoms. You are being too simplistic with your notion of "power"- It's not that all power is bad, but rather that power when used to take away important freedoms is bad.

    The GPL takes away no more freedom than is necessary to preserve freedom, and in a world where no one is able to take away your freedom to use information (i.e., a world without copyright), the GPL becomes unenforcable, you're right- but also unnecessary. I can only guess that those shouting loudest about how the GPL takes away freedoms must be paid by microsoft, because the only freedom it takes away is your right to keep someone else from having the same freedoms you have, and the only beneficiaries of such a system would be those who want to take the work of the community and make it exclusively their own.

    Your "right to defend my home" example presumes you have an exclusive right to the object you are protecting. Intellectual property doesn't work this way though- the government grants you a temporary monopoly, it is not yours by right but rather because the framers of the constitution thought it would be a good bargain that would maximize social benefit. Unfortunately, they were wrong.

    Your "censorship" example raises a good point. Everyone has the right to say that certain things ought not be said, but no one has the right to *keep people from saying those things*. Where is the freedom to censor? It is incompatible with free speech, and free speech is a fundamental right, so it trumps the "freedom to censor". Similarly, the freedom to take away other people's right to use software is incompatible with the freedom to use and modify software for any purpose.

    No wishing for more wishes. -the djinni

    --
    microsoftword.mp3 - it doesn't care that they're not words...
    1. Re:freedom to take away freedom by Rogerborg · · Score: 2
      • the only beneficiaries of such a system [truly open licenses] would be those who want to take the work of the community and make it exclusively their own

      Yes, I remember clearly the day when Microsoft stole the BSD code, and it vanished from the hard drives of the BSD developers in the world. Oh, how they wept, cursing themselves for not realising that an open license meant that their work could be taken from them so easily, and the fruits of their labour denied to them.

      But fortunately we have learned from that, and are now wiser and more cynical. Now there are no truly open or acknowledgement-ware licenses to be found.

      Tell me, is this the world you live in?

      GPL is one answer. It's far from being the only one.

      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:freedom to take away freedom by dinotrac · · Score: 2

      I think you're the one being too simplistic here.

      Part of the problem is that you want to define freedoms as it suits you.

      Going back to my nice simple freedom to occupy my house. Some others might view that as counter to their freedom to take shelter as needed. I cannot exercise my freedom without the ability to take away theirs. Can't be done.
      Some posters have tried to pretend that this isn't so because nobody wants my house but me. Truth is, if I have to rely on that, I don't have freedom at all. I just take advantage of a happy coincidence that can be taken from me at the whim of someone who decides they want a corner lot.

      My point on freedom of speech has nothing to do with a freedom to censor, though I think that's an interesting twist and will have to chew on it a while.

      You accept freedom of speech as a fundamental right and so do I. That freedom, however is nothing without the power to guarantee it. There are places in this world where such freedom doesn't exist. This is brought home by the recent rescue of 8 foreign aid workers who were accused of preaching Christianity in Afghanistan. They had a fundamental right to free speech, but in Taliban-controlled Afghanistan, they didn't have the power to protect that right. They were thrown in jail. If they hadn't been rescued, they might have been executed.

    3. Re:freedom to take away freedom by kanelephant · · Score: 1

      The GPL is still necessary even with no copyright. In the absence of copyright I could take your source code modify and distribute the binary without the source.

      I cannot charge for the binary (at least anyone else can distribute it for free).

      This is very different from the GPL.

      K

    4. Re:freedom to take away freedom by Anonymous Coward · · Score: 0

      If you say that law protecting ideas has harmed society, I would like to hear of a good example. Protecting creativity is vitally important in society. The "right" to get whatever is made by anyone, in whatever way you want, is foolish. Intectual property has made so many things possible that would never have been able to gain the resourcs otherwise. Im sick of this "physical world only" ownership thinking that I see (though it may not apply in your case) mostly in uncreative people. Consumers who only consume and want nothing to interrupt. Create!

  111. Stallman is a jerk by Anonymous Coward · · Score: 0

    From now on anyone calling Stallman an asshole on Slashdot will no longer be modded as a "Troll" but as "Insightful". Does this guy have a GOD complex or what? He stuff HIS open source movement when his brain is -- below the waistline. Thank God for the BSD license, now that is real freedom.

  112. And so it begins... by Anonymous Coward · · Score: 0

    Not content with convincing others to use the GPL, Richard Stallman begins to get impatient and wants to start forcing people to use the GPL.

    In another year he'll be advocating revolution against our government.

    His priorities are so fucking out of whack if he keeps trying to equate software with freedom. I vote we send Stallman to Afghanistan to live for a year and report back to us on what freedom means.

  113. Re:How linux is still an inferior desktop OS by Anonymous Coward · · Score: 0

    What you are describing is Mac OS X. Apple in one year has surpassed Linux as the #1 Unix Desktop. Linux will never be to the desktop what Mac OS X is. You are absolutely right, Linux is built for the server not the desktop.

  114. The deal is this... by mattbee · · Score: 2

    From this essay we can see that RMS holds a more fundemental view that everyone is skirting around but not really attacking directly. It is a particular view on what Freedom is, this is implicit in his being so it's hardly worth moaning on about sneaky redefinition on his part, actually no he wants to be our bearded master etc. etc. He is stating that the FSF reject the notion that software authors should be allowed to choose their own license for software. He makes no apologies that the FSF is a radical group, and the GPL is the most vocal expression, under current copyright law, of their ideals, and a bridge for authors to place their software into that world of quite specific ideals. But the ideals that the GPL represents are not best served by copyright law, and this essay reaches beyond copyright to an even more overtly political stance: that computer software is too important to be protected by copyright, which makes it "too" easy for authors to restrict what people do with their code. This is based on Lessig's maxim that "code is law"; as I understand it, he means that computer software regulates the pace and rules of modern living to such a degree that it thoroughly regulates our lives in many of the same ways that the government and police force would. Lessig concludes his book with a suggestion that the Y2K fears might have been allayed if software was treated as fundamentally as law, and at least deposited with a government agency in case of crisis; I think this is the direction that Stallman is leaning in. That is to say the very act of creating a piece of software that anybody, anywhere might use carries a public responsibility for its effects, and part of this responsibility must involve people who use it not being helpless to change it if the circumstances require: whether this be fixing a bug or removing an unneeded piece of functionality.

    I've certainly formed some new conclusions as a result of this essay; but in general I agree that he's making his position more extreme by explicitly rejecting the current structure of (C) law with regard to software.

    --
    Matthew @ Bytemark Hosting
  115. Believe in only Real Things by extrasolar · · Score: 2

    Power and freedom are very hardy words that stand in much abuse yet stand again for the next debate. You can argue all you want about Freedom and Power and yet find you are arguing about nothing at all. If you can have wars against drugs and wars against terrorism, you can have the Freedom to have Power and the Power of Freedom. You can argue endless rhetoric on how the Power to not give other people the Freedom to have Power over other people's Freedom and then find the next reply to that is another twist on words that seems equally correct.

    So to avoid this in a talk about software licenses, I ask you to believe only in real things. The words Power and Freedom don't decide arguments. We're talking about the words "software" and "can do" which are real. What can you do with your software and why can or can't you? And are the reasons just?

    Yes...I suppose "just" is another trap in unreality. But its an opinion that I can't say how you answer. I guess Stallman has been asking you to ask yourself a question for a long time now. Is it okay to be fined for pirating software. Or should I say sharing software. Uh! the English language is such a mess. Don't trust your language to win arguments. You must depend on the reasoning of the reader to know what it is you are really talking about and not simply respond to rhetoric on vague words. The readers who do this are most probably not the same people who win arguments or who become President.

    George Orwell warned us about this as well. He said "Political language [...] is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind." This is about political language but it applies equally here.

    My opinion is this. I think RMS has a problem with tripping over the rhetoric. The token "Free Software" is definitely an abuse of the word. But I am certain there is something real here. You all can imagine how bad it can be where software is owned. What power can an owner not have when he can write in the beginning of the software "You will be fined if you don't follow my rules". And this is software we can't do without.

    But however you believe, believe only in real things. Honesty is greater than wit.

    1. Re:Believe in only Real Things by Anonymous Coward · · Score: 0

      He asks you to believe in only what is real. Reality is nothing more than perception. If it effects me, it is real. If I have voices in my head, they effect how and what I do; therefore, for me, they are a reality. Reality is nothing more than mere perception.

  116. Crediting the wrong movement with the wrong motive by Anonymous Coward · · Score: 1, Insightful
    Open Source's GPL

    is wholly incorrect. The Open Source movement began years after the Free Software movement began. The goals of both movements are dramatically different. One must understand the underlying ethics of a movement to understand a movement; the ethics that make the Free Software movement what it is are purposefully not present in the Open Source movement. You are expressing a lack of respect and incorrect authorship to credit the GNU GPL as a work of the Open Source movement. For more on this topic please see the Usenet thread starting with this article where precisely this problem was recently discussed at some length. Another valuable source of information are RMS' speeches. He explains clearly why the Open Source movement is not his movement. Please take the time to understand the ethics and history of the Free Software movement so you will not make this crediting mistake again.

    [The GNU] GPL itself requires a heirarchy[sic] to maintain it, although it was designed to fight a heirarchy[sic].

    No. The Free Software movement and the GNU GPL were made to give people certain freedoms in software. Fighting hierarchies (whatever that means) conveys a profound misunderstanding of what the Free Software movement, the concept of copyleft (key to understanding the GNU GPL) or the GNU GPL are all about.

  117. RMS is too wacky for words... by raytracer · · Score: 2, Interesting
    RMS just keeps getting wackier and wackier.

    I've long considered that his notion of what "free" means is a little beyond the mainstream, but this clearly spells out that what he has in mind is something insidious. He's clearly trying to redefine what freedom means in an attempt to promote a radical, downright socialist agenda.

    The claim that individual software authors don't have the freedom to choose what software license they release under is absurd. Trying to claim that to excercise the right to decide how one's labor is exploited as "power" is absurd. That's called freedom. Users don't have the right to decide how the fruits of a programmers labor are to be used. They do have the right to choose not to use the software in question.

    I've long questioned the idea that the GPL promotes some kind of freedom. It clearly is an attempt to plant some kind of social virus which compels the actions of others. But as radical as that is, RMS clearly wishes he could go further and restrict the rights of others to sell the fruits of their labors in a fair and equal market system. I question whether those really interested in creating meaningful software really which to put that yoke on their shoulders and tow the plow of Stallman's vision.

  118. Force is not encouragement by Anonymous Coward · · Score: 0
    And forcing me to choose a license that meets the FSF's approval is an attempt to assert what?

    A lame strawman counter argument. Nobody is forcing you to choose a license that meets the FSF's approval. The FSF lays out their arguments on why you should want to use the GNU GPL (or possibly the GNU LGPL, but only as a part of a strategy) and in so doing tries to encourage you to understand and agree with the ethics of the Free Software movement. As RMS says in his speeches, it is up to you to decide what licensing you choose for your own code.

    Just to squelch another lame counterargument: If you make the decision to derive your code from GPL'd code you should be compelled to abide by the terms of the GPL. You could have chosen to write the code from scratch for yourself, but you did not.

  119. Freedom to be under Stallman's Power by ByTor-2112 · · Score: 2, Interesting

    This is probably posted too late to get much notice, but I think the point made by Stallman is not quite right. Choosing a license may be exercising power, but by advocating that no one choose any license but his own, he is putting you under his power (the optional "any later version" clause in the GPL that is the source of such conflict).

    I think it sounds a bit ridiculous for him to say "I believe in the freedom to do anything you want with your software, except choose any license but my own".

    Depending on how you define power, every design decision you make - from language to compilers to licenses - is exercising some form of power. You can explicitly exclude some users (using nonstandard GNU compiler extensions) or write code that can be used anywhere.

    Stallman is NOT the god he believes himself to be. He seems to be more like a homeless man that knows how to code. Far too many people listen to his rantings.

  120. Philosophy Exercise: by rkent · · Score: 2

    We reject this because it is really a form of power, not a freedom.

    Philosphy exercise: define the difference between "freedom" and "the power of self-determination."

    Stallman et al are playing linguistic hockey here, drawing distinctions that don't exist. They'd have you have you give up this freedom because it's a power and therefore bad, but you can't annihilate power - you'd only be giving it up to them.

    So, no thanks, I'll retain the power over my code. And retain the freedom to decide what happens to it. It's the same thing.

  121. Illogical. by Anonymous Coward · · Score: 0

    "By your silly definition, Mr. Editor, true freedom would mean I can't be thrown in jail for murdering a bus full of kids."

    How can it be "True Freedom" if, by doing so, you take away the right and freedom of others to live peacefully???

  122. Re:Freedom & Power not mutually exclusive-Art by Anonymous Coward · · Score: 0

    You hit the issue on the head. Problems always start when people start arguing about "freedom" and "rights". An "egoless" position is impossible to argue though. Much like the question "what is art?" We all recognize it when we see ourselves in it. But don't when others are.

  123. part of the reason I hate Microsoft... by Anthony+Boyd · · Score: 2

    ...is because they force my hand too much, too often. I feel disempowered when I use MS products. I never thought I'd say this, but the GPL is starting to feel that way too. But I like the concept of the license itself -- that if someone takes my code, I can require them to publish their changes. I just don't like these people foisting the GPL on "code owners" (yes, I believe in ownership). I don't mean this as a troll, but as a real question in light of the circumstances: are there licenses similar to the GPL that are not in any way associated with these people?

  124. Old old old news.... by Oswald · · Score: 1

    This 'new' essay is a lightly edited version of a response to O'Reilly's original blog entry (linked to at the bottom of said blog entry, BTW), which is dated 8/15/01. What's more, it's already been discussed on Slashdot before, because that's what pointed me to this whole morass three months ago.

    But while we're back at it again, let me one more time remind people that copyright is no more insidious or evil than than any other legal instrument that permits people to enter into contracts with each other. In the case of using a copyrighted good, that contract is spelled out in the copyright notice, and must be accepted by the consumer prior to using the good (reading the book, playing the cd, installing the software, whatever). While it does indeed serve to raise the price of copyrightable goods, a basic understanding of the laws of economics tells us that this rise in price serves to increase the supply of available copyrighted works.

    In the specific case of software freedom, the issue we're trying to get at is probably not copyright at all, since all GNU software is copyrighted, and (almost) no one denies that it is 'free' software. What we're concerned with is whether software is open source or not, and whether we have the legal right to change that source code. Releasing software under a Closed Source type of license imposes costs on the user above and beyond the monitary costs; these additional costs (which are so well enumerated by Kuhn and Stallman--see essay) are important reasons that Open Source software exists and will continue to thrive. But they do not justify attempts to deny developers the right to release software they have created under the license of their choice, any more than the simple act of requiring payment for the use of the software would justify such legal action.

  125. Freedom or control? by erc · · Score: 1
    If I write it, I have the authority to decide what to do with the software. The asinine notion that someone else controls what I own has been put forth to control everything from what I watch on TV to what I do with computer equipment I buy - I'm sure not going to accept it from RMS. Stallman must be on crack.

    --
    -- Ed Carp, N7EKG erc@pobox.com PGP KeyID: 0x0BD32C9B What I'm up to: http://intuitives.mine.nu
  126. Re:How linux is still an inferior desktop OS by Anonymous Coward · · Score: 0

    So, as an experienced MCSE, you must know lots about Linux? Damn, I haven't heard that before...

    1) Agree completely.
    2) Hell no, just put it in a menu like cmd.exe is. Some old-skool hackers like the CLI.
    3) Are you taking the piss? Just leave the source on a server, and let users get it if they wish. Most won't. Shipping 3 CDs of useless bollox just confuses the average punter.
    4) Linux ain't a product. People will use what they like. Many distros are semi-standardised on a particular GUI. X is really the standard here.
    5) GUI based RPM (or apt) Both easy, and can do kernel upgrades if properly handled.
    6) Mozilla is great despite not being numbered high enough for you. Galeon, however is damn fine, and don't forget Opera 5.x.
    7) Sun Star Office 6. Good luck importing MSWorks 3 files into MSOffice - MSO compatibility is a long way from perfect.
    8) Backwards compatable with what? Itself?

    Previously, I've recommended Win2K to business folks, but since the WinXP licensing issues, and improvements in Linux usablity, I now recommend Linux. No big problems as yet (certainly no more than Windows). A current standard Mainstream Linux install will suit most users down to the ground.

    You can keep kissing M$ butt, but sooner or later, you know they're gonna have to take a dump.

  127. RMS saying the GPL is =not= free? by SoupIsGood+Food · · Score: 2

    "However, one so-called freedom that we do not advocate is the "freedom to choose any license you want for software you write". We reject this because it is really a form of power, not a freedom."

    Following this train of logic, the GPL should be studiously avoided, as it attempts to use the power of copyright law to dictate what other people can and cannot do with the code.

    In short, RMS is openly advocating the use of BSD, Artistic and Public Domain licensing... as they don't try to strongarm the users into only using the code in a certain way.

    Gun. Foot. Trigger. Pull.

    SoupIsGood Food

  128. What freedom? Who cares? by magi · · Score: 3, Interesting

    What's this software freedom about?

    I've found it very difficult to explain it to those who don't care about it. It's just like trying to explain the importance of western freedom to a stalinist, a chinese, or a religious fanatic. They simply say, "What do I need that freedom for?" Why would a monogamist need freedom for free sex or a muslism for free beer?

    I guess the main problem is that we who appreciate this freedom live in such a different world. We appreciate it because we have experienced it and we don't want to give it away, ever again.

    10 years ago, I had a computer. All of my software was pirated, because I nor my family wasn't exactly filthy rich, so I never could have afforded to buy all the software I needed. I loved programming, but the costs of even cheapest development tools would have been prohibitive.

    But even with enough money, there would still have been inpenetrable barriers of the proprietary software which I could never change or use in any way, except the restricted ways the producers allow me. I was living, from morning to the evening, in a totaliarian world with high walls everywhere.

    5 years ago, I became a Linux user. All the barriers crumbled down, and I could at last breathe freely and freely look at everything in the world in which I live. My world had changed.

    Well, my world has its problems. If I want to buy a computer, Linux may or may not have drivers for its hardware. Not all web pages work any more, because Internet Explorer has become a standard. "The other world" is a threat to my dream world, to my freedom. Then someone thinks I'm a fanatic just because I want to protect my free world from Microsoft, which is a totalitarian regime par taleban or the chinese gov. To them, my free world is The Enemy, because if I live in my world, I don't make them profit, and *gasp* might even seduce other paying customers to my world. They want to take my freedom away.

    But this is me, a programmer, who really *needs* the freedom. Why would anybody else care about this free world?

    Free software isn't just Liber Software, but also gratis beer software. It changes the entire idea that you have to pay for the air you breathe. It decriminalizes all the kids who have a computer and want to explore the world of computing (like playing games).

    But no, I don't believe I could ever explain the splendidness of my world of Free Software or other freedoms to a taleban or a chinese communist or a religious fundamentalist or any other authoritarian person. Such as a Microsoft shareholder.

    Even with my background, it took me a long time to understand the freedom RMS is talking about. He is talking about software freedom, where you can change and distribute any software without being jailed as a thief, not your freedom to take the freedom of others away with (proprietary) licenses.

    Of course RMS is a libertarian in other many senses too. It might be that he sometimes unnecessarily mixes different concepts of liberties, I don't know. But he's perhaps the most influential person for creating the world I live in today, so I'll gladly give him my respect for that.

    1. Re:What freedom? Who cares? by Anonymous Coward · · Score: 0

      Actually, to the Chinese, the entire idea of intellectual property is a foreign concept. ("How can one own an idea?" and all that.)

  129. Re:Is the right to license any way you want freedo by Anonymous Coward · · Score: 0

    If this is true than the GPL does not exist.

  130. My take on the subject by aardvarkjoe · · Score: 2
    When I first saw the summary, I just saw the "Freedom or Power?" line and Stallman's name ... am I the only one who immediately interpreted it as being an article about whether Stallman wants freedom or power?


    Not a new idea, of course -- I'm sure I've seen it on /. before -- but it seems to me that you can ask the same question about the GPL ... is it freedom, or is it power? (Each time I hear about the nutzo godlike programmer, I lean more and more towards believing the latter. Maybe the GPL is about freedom for most people, but I'm not so sure about RMS.)

    --

    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  131. Re:Interesting read, but you're forgetting one thi by Anonymous Coward · · Score: 0

    Why do you make the mistake of using a car as an analogy?

    It weakens your point.

  132. property v. possessions by Anonymous Coward · · Score: 0
    there are very few if any anarchists taht will tell you that you can not own something taht you make. what they say you should not own is the means of production and use that to exploit others. for example if you make a pair of shoes they are your shoes, but you can not own the factory that the shoes are made in. oner eason being is that no one person made the factory, it was made by many people (and even if in theory one were to build a whole factory by them selves, they did not build the hammers and other tools used to creat the factory) and so since the factory was made by many people (society) it should be used by everyone.

    for more info see http://www.infoshop.org/faq/secB3.html

    Anarchists define "private property" (or just "property," for short) as state-protected monopolies of certain objects or privileges which are used to exploit others. "Possession," on the other hand, is ownership of things that are not used to exploit others (e.g. a car, a refrigerator, a toothbrush, etc.). Thus many things can be considered as either property or possessions depending on how they are used. For example, a house that one lives in is a possession, whereas if one rents it to someone else at a profit it becomes property. Similarly, if one uses a saw to make a living as a self-employed carpenter, the saw is a possession; whereas if one employs others at wages to use the saw for one's own profit, it is property.

    1. Re:property v. possessions by Petrol · · Score: 1

      The problem that immedatley comes to mind though, is: if the factory is the property of the society/community, then who tends it? In much the same way that Communism tends to lead to low productivity and property falling into disrepair, it seems ot me that such a system will lead to a considerable decline in quality of life for all.

      Thank you, but all things considered I prefer the system we have. Hardly perfect but we avoid the Public Park problem, in which everyone uses and enjoys a space, but noone cares for it, which leads to its destruction.

      --
      ...and that's the end of our show. Donk!
  133. Convoluted. by bwt · · Score: 3, Insightful

    I think Kuhn and RMS have a very convoluted view of the nature of individual power.

    First of all, picking a copyright licence, GPL or not is precisly "to make decisions that affect others more than you". Under the GPL, the author grants some, but not all of the "exclusive rights" given to him by the Copyright Act. If Kuhn and RMS believe that retaining exclusive rights is an "exercise of power" per their definition of this term, then they should advocate placing software into the public domain. Instead they retain some of the power to exclude and use it to achieve their particular agenda. That agenda is not a bad one, but the idea that it is the only one that is acceptable is ludicrous.

    In no sense is the exclusion of others from using your software for their own proprietary interests "being able to make decisions that affect mainly you". Who are they talking to when they say "you"? They drift back and forth between the interests of the users, authors, and other developers so it's hard to tell. Their definition of power focuses on "you" being the decision maker, ie the author, so deciding conditions for the exercise of your exclusive rights your code definitely "affects mainly others", since it will be the basis for the exercise of governmental force against them if they violate it.

    The essay really moves to the far far left fringe. I think MS was wrong when they called the GPL "un-American", but with essays like this, they aren't far of the mark. The idea that exercising a "right to exclude" is a "power" (presumed bad) and not a "freedom", is simply contrary to mainstream American values. Isn't property by definition an exclusive right? In fact, all rights involve defining a space of action and giving exclusive moral sanction in that space to somebody and denying it to either the government or others or both.

    Current copyright law places us in the position of power over users of our code, whether we like it or not. The ethical response to this situation is to proclaim freedom for each user, just as the Bill of Rights was supposed to exercise government power by guaranteeing each citizen's freedoms.

    The first sentence is profoundly wrong. If you don't want to be in a "position of power", simply proclaim the software public domain. Of course, the GPL doesn't do this, which compounds the error with hypocracy.

    Next follows the most troubling part of the whole essay: that last quoted sentence is a whopper. The implication that it is unethical to exercise your rights if those involve excluding others is the essence of the communist belief system. The Bill of Rights restricts government from violating individual rights, and most prominent among these is the right to property, which includes proprietary interests in intellectual property as a subset of statutory and contractual assets generally.

    In summary, the essay is a convoluted parade of offsetting errors: the GPL violates the very principle the authors imply is "unethical" (retaining exclusive rights = "power") , but the idea that it is unethical to exclude others from your property is a far worse concept.

    1. Re:Convoluted. by KjetilK · · Score: 2

      then they should advocate placing software into the public domain.

      Actually, they do. On the looong term. Haven't you been singing the Free Software Song?

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
  134. Yes by Anonymous Coward · · Score: 0

    Too bad you didn't realize this until now.

  135. the middle path by master2b · · Score: 1

    I tend to agree with you.

    Its all about a continuum with bill gates representing one polarity and stallman the other. Somewhere there's a middle path to be walked here . . . focusing only on one polarity or the other fails to take into account the whole. Either extreme will not serve our evolution because the polarities must be in a balanced cycle of expansion to progress forward.

    Didn't that buddha guy say something about the middle path.

    Sometimes its worth the effort to go beyond simple binary/polar thinking :-).

    PS MICHAEL your editors note fails to really weigh in as more significant than a comment. Would you consider placing your thoughts in a comment next time?

    --

    Listen to Reality!
  136. rms sucks by Anonymous Coward · · Score: 0

    I think RMS needs to stop getting blowjobs from 12 year old boys and come back to the real world. The entire article was riddled with contradictions in every paragraph.

    This guy needs a reality check, followed by a visit to a mock McCarthy Senate Hearing committee on unAmericanism. That'll teach him.

    BLACKLIST!

  137. Father or not ... by SuperDuG · · Score: 2
    I am entirely sick of RMS. He has made me aggrivated before, but I have come to the comclusion that he will never bring anything better to the opensource world.

    OSS is more of a political party than a way of doing things as it once was. God forbid we don't write GNU on everything that is opensourced ... maybe we don't want it to be GNU ... and even if my code is GPL'd, opensource, or buried in a bunker it will always remain my code and my code alone.

    Eric Raymond this, Stallman that, Torvalds there ... Great men in the world of open source, but what some people fail to realize is even without them open source will live on forever. It's not a power to choose ... it's a choice to choose.

    I'll tell you why I personallu endorse open source ... I want the ability to maybe help someone out with my code in the future to be able to help them with their personal code, because I would have never learned the languages I know now had it not been for the viewing of working source code.

    I don't need to feel better about my Linux OS by knowing the code is there ... personally I've never looked at the kernel source code and I have no real intention to do so in the future, if I could upgrade a kernel via binary I probably would ... there's no benefit to me for it being open source.

    HOWEVER with the source there I can look at it to get a feel for how an operating system functions at the basic level of source code, and because I don't want to go poke around at the code doesn't mean that thousands of others around the world don't every single day.

    I'm not anti-open-source, I'm just pissed that Stallman seems to think it doesn't exist without him ...

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
  138. Re:Interesting read, but you're forgetting one thi by goatman.cx · · Score: 1

    I could argue with you that matter itself is a bunch of higher-ordered physically represented information, but I will not.

    --


    ---------
    Fuck you, motherfucker. Fuck yous to: Rob "Taco-Snotter" Malda, Homos, Kowboi Kneel, and RMS.
  139. Me, Myself, and I by underpaidISPtech · · Score: 1

    I wrote it.
    I can release it. Or not.
    I can burn it, delete it, print it out and use it as Kleenex©
    It's mine.
    If I want to give it away, that's MY decision.
    It's mine.

    I choose the license. And if at a later time I choose to re-release it under a new license, I will dammit.

    And I don't like your license you transparent control-freak. Don't you dare try to define my freedoms for me, under the guise of a freedom-fighter, for that is the true mark of a fascist.

    1. Re:Me, Myself, and I by nagora · · Score: 2
      But this is based on the idea that a program is something more than a list of instructions. Such a list can not be "licensed" if it is a set of directions from my house to work or if it's how to bake a battenburg cake, so why should it be if its a list of instructions for drawing a box?

      I have no problem with "secret recipies" and I have several programs which I have not released in order to protect the company I am joint owner of. BUT: if a program is released I don't see why anyone should have any right to prevent, or control how, other people using it.

      Why should you? And if you should why can't you publish a list of ways to get from London to York and then charge everyone that goes by those routes?

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    2. Re:Me, Myself, and I by underpaidISPtech · · Score: 1

      If I release the source, chances are no matter what I do, someone will violate whatever license I have spelled out. So be it.

      If I release a binary, I would expect that the license is adhered to.

      The "recipe" is my own. I own that particular smattering of lines, and it is a unique solution to a problem. If you look at my source or reverse my binary and dream up a new soltution that is "unique" I have no problem with that. I feele that my ownership lies in the implementation of an idea, not the idea itself.

    3. Re:Me, Myself, and I by nagora · · Score: 2
      I agree; that is simply copyright, just as a map of a route is copyrighted. I seem to have misunderstood your stance; what is it you are complaining about in RMS's argument (other than the fact that he insists on presenting it in the style of an arse-hole)?

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    4. Re:Me, Myself, and I by underpaidISPtech · · Score: 1

      I guess I am upset at the fact that his stance appears to suggest that to exercise any license other than the GPL is "bad", and that I have no right to choose my license. That just does not sit right with me at all. I know that I can use any license I darn well please; but to suggest that any other license is "evil" is ridiculous.

      He comes across as if I should turn ownership of my creations over to the GPL on the grounds that if I don't, I am a power monger. Talk like that just makes him appear to be the power monger, trying to control the software of the world. Hmm. now where have we seen that before...?

  140. Re:How linux is still an inferior desktop OS by Anonymous Coward · · Score: 0

    Fair call from a user perspective. I suspect reality is that your video card manufacturer doesn't support Linux.

  141. Freedom is free of the need to be free by Anonymous Coward · · Score: 0

    'Freedom is free of the need to be free /
    free your mind and your ass will follow'


    -- Funkadelic

  142. What should be and what law should force by Balaitous · · Score: 1

    The case made by RMS and Bradley Kuhn would be more convincing if they distinguish between:
    - what is the desirable state of things
    - what can be obtained by law to achieve it
    Let's assume one agrees (I do) that the desirable state of rights of users of software is the freedoms as defined for free software. How to go there from where we presently stand? There is a minimum requirement: to make sure that law and practice does not restrict the freedom to license under the "make free, keep free and give and give alike" approach of the GPL. Reactions after attacks on the GPL have shown that this has strong support, well beyond the free software arena. But now, should one restrict the possibility of others to license under non-free licenses? The answer is in my opinion two-fold:
    - Law should forbid taking away from users some very basic freedoms. It should also abstain from making proprietary licensing and its various protections usable to make it impossible in practice to develop and disseminate an overall infrastructure of free software.
    - If - AND ONLY IF- this is obtained, why forbid those who want to jail themselves in the prisons of proprietary licenses to do so? Let competition between services to freedom and ownership of power occur, and count on democratical debate and user choices to sort out which is best.
    There is of course a caveat: if the very basic freedoms of users of software that should be protected by law are identical to the free software freedoms my reasoning is flawed.

  143. White Christmas by syylk · · Score: 1

    Ok, so basically RMS/Kuhn say that developers (or "power holders") should grant utmost freedom to the users of their products. Agree, disagree, it's your call.

    There's a way to make him happy. Put every product I, you, FSF, RedHat, M$ write into public domain. "It was mine, now it's yours - do what you want with it". Freedom? Here's freedom.

    I can take "White Christmas", play it in public, in private, modify it, release the modifications, keep the modifications, translate in ancient greek, rap it, reggae it, s/Christmas/Cowabunga/ it, and everyone else will be still free to do the same with his/her copy of White Christmas.

    PD the world? That's the utmost freedom.

    Is this what we (me, you, RMS, ESR, Bill) want? Maybe yes, maybe no. Go in front of a mirror and say "I want my work to be seriously and deeply free for every other man on this planet". Repeat and rinse until convinced.

    Then come back and start the sermon again, thanks.

  144. Re:How linux is still an inferior desktop OS by Anonymous Coward · · Score: 0

    why is that, Cock Head? Let me guess, mr geek that gets the shit kicked out of him at school needs to act all tough when someone hangs shit on his crappy linux system....

  145. Power On by javajerk · · Score: 1

    As far as I see it, being really powerful is no good unless you know when to excercise your powers, and when not to.

    Everybody should be free to make this choice on his own. If he chooses unwise, well, that's his problem, at least in the long run.

    I don't want RMS to decide what to do with _my_ work - but on the other hand, I certainly want to decide what he does with his.

    I want to have the power to freely decide when to put my code under copyrights (to be able to sell it) - even though it might be foolish in the long run.

    And I *really* can't stand intolerance! When can't people just leave other people alone with their beliefs? (Yeah, I know - I leave RMS alone for now, too... :o)

    Cheers, Lars

    Free to be empowered to be free.

  146. So how do we get paid??? by Aapje · · Score: 1

    Tell me how I will get paid in advance for writing QuakeRipOff (or any other generic app)?

    Instead of being paid in advance, companies make an investment and expect to be paid afterwards, when the users (should) know what they get. Is that immoral? It seems far more immoral to have to pay in advance and not to know that you get. In this programmers are no different from writers. Do you believe that they should give away their books and live on added services (whatever those would be)?

    Why not be sensible and just limit the EULA's and patents? Why don't you fight the RIAA & MPAA with a position that doesn't hurt businesses and thus could garner support?

    --

    The Drowned and the Saved - Primo Levi
  147. Re:Interesting read, but you're forgetting one thi by mill · · Score: 1

    No, software is a realization of an idea. Copyright protects that realization. Patents protects the idea.

    I think it is only intellectual property (copyrighted not patented) that makes sense. Physical property is scarce so any time someone claims ownership someone else lose the same. Nonphysical property one reproduce by putting in the same amount of work.

    /mill

  148. Is this really an either/or situation? by ahfoo · · Score: 1

    Arguments based on fundamentally weak propositions never succeed in communicating very clearly and that appears to be the case here. It's the rhetorical parallel of "garbage in, garbage out."
    People do this all the time, but that doesn't make it a sound logical practice.
    I think the initial quote on the piece by Hazlitt is very suggestive of the overall tone . . .
    "The love of liberty is the love of others; the love of power is the love of ourselves."
    I take issue with this quote. The suggestion being that there has to be either the love of oneself of the love of others. There is no real argument being made here, simply an opinion being stated. As a person very full of love for myself and for others, I think it's a ridiculous statement. I say you have to love yourself to love others.

  149. Pro-choice, anti-abuse by Anonymous Coward · · Score: 0
    As with many things in life, I think the Right Thing lies between the extremes.


    I'm pro-choice: I want to be able to define under what terms I want to distribute whatever I create.


    But I'm also anti-abuse: I don't want anybody to tell me that I can't rip my audio CD in order to listen to the music using my portable mp3 player.


    The problem we can see in the music an software industry is that there is no real choice. These industries have big monopolies that can define their termes of distibution without laws that prevent them of taking advantage of their position.


    I'm in favor of copyright laws that let me choose and prevent abuse. I'm convinced thet currently we are moving in the wrong direction with the DMCA that allows even more abuses.

  150. It's about how to organize society by Anonymous Coward · · Score: 0

    I think a lot of people (both posters here and RMS) are missing an importinat point. The "freedom of licensing" and "freedom of fair use" are not god-given rights -- they are circumscribed rights granted by governments.

    Exactly what rights are granted and how they are circumscribed is a good topic for public policy debate, and the argument for a specifc policy should be framed in terms of what benefits society -- not in terms of "god-given" "freedoms" and "rights".

    IP law already limits what terms creators can impose on users (patents expire, licenses must respect fair use) and that is a Good Thing. RMS wants to limit those terms even more, in ways I happen to think are not of benefit to society, but I don't think the notion of limiting them (more or less) is a priori illegitimate.

    BTW, there similiar arguments even about other kinds of property. While it may seems "obvious" that I own a physical thing that I buy, it is unclear whether I should own the right to breathe clean air (in which case a company should have to pay me to pollute) or whether a company should own the right to pollute (in which case I should have to pay it to stop). The best way to answer such questions is neither the way of the "Earth is Holy" environmentalists nor the way of the "Business is Holy" right-wingers, but arguing about how which laws benefit society most.

    Yes, it's subjective, but at least its a sane framework for discussion.

  151. You agree to payment BEFORE coding. by Anonymous Coward · · Score: 0

    The contract is set BEFORE starting work. Contracted code is defined BEFORE writing.

    Therefore your worry is unfounded.

    Your boss can therefore sell your code for 1000x what they've paid you for it.

    It may be they can't sell it at all.

    At that point, though it isn't your code, it's your boss's. And it's HIS problem.

    Part of the problem with RMS is the English language. It's often difficult to get the words out the way you mean it. A lot of words do double duty.

    PS: You have no right to work. Work is something that most people do. You may, or may not, find work.

  152. Says it all.. by WorldSpawn · · Score: 1

    At the bottom of the article:

    "Copyright © 2001 Bradley M. Kuhn and Richard M. Stallman"

    Funny thing is, that if the article in question had been generated by a shellscript or something similar, the above notice would be _quite_ invalid :-)

  153. (or at least.. by WorldSpawn · · Score: 1

    if RMS got to decide :-)

  154. RMS is by Anonymous Coward · · Score: 0

    L. Bob Rife

    "Snow Crash" Neal Stephenson, 1992

  155. I don't see what the problem is. by hyphz · · Score: 1

    I don't see what everyone here is arguing about so much.

    The article appears to be RMS defending the viral aspect of the GPL by saying that nobody should be able to grab power over a GPL'd program by creating a closed fork.

    I don't think he ever said anything about having to publish everything you write under the GPL. If you write something, you can choose how to publish it, or not to publish it at all; nothing in the article conflicted with that. And - as far as I know - if you publish it under the GPL, you yourself aren't affected by the terms of the GPL, because you're the author of the work and thus don't need a license to use/copy it. (On the other hand, the moment somebody sends you a bugfix or feature upgrade and you incorporate it into the code you wrote, you are affected by the GPL on *THEIR* code, unless they explicitly transferred their IP rights in their code to you which they probably did not)

    However, if you obtain GPL'd software and change it, then it is _not_ your work: it's the work of others. If you change it, then your changes are your work, but if they don't stand alone then you still derived benefit from the work of others which you obtained for free.

    The only one thing that people might find objectionable about Open Source is that giving something away is an devastating competitive move in a capitalist world, because it's impossible to compete on price without making a loss. (Witness MS's tactics at giving away IE.) The irony is that the main reason most Open Source developers can still eat while they give stuff away, is that they have day jobs, usually either in the IT industry or in academia. Ergo, Open Source is actually being subsidised by commercial software, and as Open Source competes more strongly it is sabotaging its own bedrock.

  156. Code is like spaghetti. by Anonymous Coward · · Score: 0

    It's my spaghetti and it's my right to decide which sauce to eat it with.

    Enough with stupid fucked up comparisons, thx.

  157. Freedoms -3, -2, -1 by Godwin+O'Hitler · · Score: 1
    Freedom -3: I have the freedom to choose whether to spend my time writing code or not.
    Freedom -2: I have the freedom to choose what to include in my code and what my finished program will do.
    Freedom -1: I have the freedom to choose what the hell I'm going to do with this program now I've written it, providing of course this does not conflict with the choice made by any other people whose components went into my program: I may choose to delete it from my hard disk; I may choose to publish the code on my web site; I may choose to send it to my granny for a Christmas present; I may choose to make it available to a select few people; I may choose to set it to music and release it in MP3 format; I may choose to do any one of a hundred things with it, even to issue it under the GPL
    -- hence --
    Freedom 0: I have the freedom to offer the fruit of my work on the terms that achieve my intention

    What is RMS's problem with that?

    --
    No, your children are not the special ones. Nor are your pets.
  158. Share and share alike? by sgt101 · · Score: 1
    Stallmans arguement comes down to a wish to be able to help other people.


    But lets extend it into the real world - what if you substitute "your program" with "my house" in these discussions. What if I want my friends to share your house, or your car. What's the problem with that

    Well, alot of things - your kids might not like it for a start. I write software for a living, I would like to continue to have a living, and the whole purpose of the FSF seems to be to prevent me from charging people to use the fruits of my labours.

    Some nice people do let strangers share their house. I let my friends share my house sometimes... but I don't know you, and my family need somewhere to sleep.

    --
    --------------------------------------------- "In the end, we're all just water and old stars."
  159. Locke is a sexist idiot. by abe+ferlman · · Score: 2

    It's true, I'm not being a troll. He thinks that the man should naturally have decision-making power in a marriage relationship because the man is stronger. Not surprising that he'd be in favor of microsoft making your decisions for you too.

    Also, Locke ultimately says all these rights belong to a Christian god (which is why he thinks it's wrong to commit suicide- you don't own that body meester).

    uwmurray, I think it is you who ought to review Locke. Or at least read some Rousseau or Hobbes or something, for Christ's sake.

    Finally, intellectual property is not a natural right, it is a utility-maximizing bargain engineered by the framers of the constitution designed to increase social welfare by granting temporary monopolies to artists. It just doesn't work.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  160. ESR is right by the+N+man · · Score: 1

    He got it spot on when he says that the only way to sort this one out is to ask Stallman and Kuhn if they would pass a law to make proprietary licenses illegal.

    It seems to me they wouldn't, but the difference here seems to be one side stressing the need for freedom to make a wrong choice, and the other stressing the moral imperative not to.

    It reminds me of a (apocryphal) story about the US Congress discussing a few years ago a bill to allow patents to be taken on mathematical objects. Imagine paying royalties every time you use, say, Pythagoras' theorem! I think the issue with software is similar. When you have a working piece of code, what you have is the realisation of an idea of how to solve a particular problem. There's no justification (not in my eyes, anyway) for preventing other people with the same problem from using your idea. You can choose not to teach anyone how to use your idea, but if they can figure out how to do it by themselves, then there's nothing you can do.

    Can programmers make a living? Of course! They should get paid to figure out how to solve a problem, but they shouldn't be paid again and again for other people using the solution they came up with. The situation is in some sense similar to that of universities, where people don't get paid for others using their research, but to do the research in the first place, and train students on how to use it.

    --

    --
    sig is gone.

  161. Protection by Anonymous Coward · · Score: 0

    In society, it is important to first protect those who contribute, and those who create. Thier freedoms must be placed over those of those who use what they make or design. Someone should have the freedom to control what they make, and the freedom of someone else to do whatever they want with another's creation is trumped by this. Protect the creators first, and society with benifit. Protect the users first, and creation will stagnate, which leaves everyone worse off.

  162. er....this guy sounds like a kook... by Sj0 · · Score: 1

    "freedom for all....but only the freedoms I allow" is pretty wierd. I know this guy is supposedly some sort of big guy in the linux scene (which I am not a part of -- I use the software because it's better, not so I have my own personal madman spouting stuff about what I should be able to do with code I write.)

    I'm all for open source(most of my projects fall under it using a license I wrote(there's so little to protect, I don't need lawyers for that!)), but lets have it on terms the developer actually wants, rather than a "one license for all" which is really kind of scary.

    --
    It's been a long time.
  163. Re:How linux is still an inferior desktop OS by Anonymous Coward · · Score: 0

    Ho hum, canned text - don't bother responding to this one - check the history. I really don't know how someone can be sad enough to troll for fun, but they must get some twisted fun out of it...

  164. freedom to contract is limited by abe+ferlman · · Score: 2

    You can not contract away your fundamental freedoms. You can not sign a binding contract to become a slave, or to sell your own children. It is illegal to rope someone into an overly coercive contract.

    RMS's point is that the right to use and modify software is a fundamental right that affects almost all of our interactions with the world as computers become increasingly ubiquitous. Hence, contracting away this fundamental freedom is much like signing a contract that makes you a slave- it should be illegal because it's *too* coercive and *too* restrictive of fundamental freedoms.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  165. About as hypocritical as so-called by Archfeld · · Score: 2

    christians killing abortion doctors and blowing up clinics, or GWBush claiming to be able to win a war on terrorism, or the US government dealing with the draconian Chinease government. The world is filled with hypocrites.

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  166. Backups, copyright, etc. by mindstrm · · Score: 1

    Your statements about transfer of license and archival backups is not strictly true.
    Yes, under straight copyright law, they are true.

    However..... there is such thing as a 'contract'. Now.. I'm not talking about stupid 'click-wrap' agreements.. I'm talking about real contracts, usually the result of some negotiation.

    Look at, say, a large cray. There was a company a while ago selling an old cray.. .thing was, they couldn't provide the OS with it.. their license to uset he software was non-transferable. THis is not 'unfair' or any such thing. An army of lawyers agreed to these terms in the first place when millions of dollars were shelled out for the deal.

    If I have software, copyright protects me.. but also, *I* protect me. I could get lawyers involved, and draw up a contract, and discuss it with you, to show how you are not allowed to use this software except in explicity ways. We can agree that you can't make backup copies, that you can't do this or that or the other thing.. and we can have this gone over in detail, with witnesses and everything.
    And, if we do that, and you breach that contract... good luck showing in a court how you were 'allowed' to do that because 'copyright law says you are'.

    In short, what you are forgetting is that copyight law only sets some guaranteed protections. A contract can always add additional restrictions; that's why you have to renew your MS software. First-sale doctrine does not apply when software is not sold, but licensed.

    I have a problem with click-wrap agreements that are given the full force of law as a binding contract. Thats' my problem. If they want to impsoe specific terms, do it in a face to face manner.

    1. Re:Backups, copyright, etc. by blakestah · · Score: 2

      Your statements about transfer of license and archival backups is not strictly true.
      Yes, under straight copyright law, they are true.

      However..... there is such thing as a 'contract'. Now.. I'm not talking about stupid 'click-wrap' agreements.. I'm talking about real contracts, usually the result of some negotiation.


      In Germany, for example, you can transfer things like Microsoft Operating Systems to other people. Even the EULA cannot take away this right. I am aware of ZERO cases in which the right to make archival backups of the software is not allowed.

      I think it would be a HUGE step forward if contracts were not allowed to supercede rights awarded through copyright. Think about it - an author of a book does not prevent you from making archival copies, or from transferring your copyright (and all archivals) - or even charging a fee for it.

      The software producers are principally interested in controlling as much of their market as possible - in order to maximize profits. No one would ever license a book that had to be relicensed every year in order to keep it working - yet many people are happy to do that to use Microsoft's software (not just them - DEC (now Compaq) is horrible this way).

      This is just a broken market. It needs fixing from someone with some perspective and whose wallet has not been recently fattened by Microsoft or Disney - the corporations working hard to weaken US copyright law.

    2. Re:Backups, copyright, etc. by mindstrm · · Score: 2

      With regards to these EULA's, yes... but what about a corporate contract, involving real lawyers, notaries, witnesses, etc?
      You can bet your booties the situation would be different then.

  167. Ahh... but you are wrong. by mindstrm · · Score: 2

    If I give you some software, and just say 'here, thanks for the 10 bucks, here's the software' then copyright law applies. I have sold you the work, similar to if you purchased a CD at the record store.

    If, on the other hand, I permit you to use the work under a license agreement that we both agree to, then your statements don't hold up. IF that license agreement clearly states that you cannot make archival copies, then you cannot make archival copies. I don't mean click-wrap agreements here, I mean your lawyer and my lawyer going over them, signatures, witnesses, etc... like a REAL contract.
    IN this case, I have NOT 'sold' you a work protected by copyright. I have licensed you the use of my intellectual property under certain, specific terms.

  168. Thats Power! by Anonymous Coward · · Score: 0

    "true freedom would mean I can't be thrown in jail for murdering a bus full of kids. "

    Hmm, won't that be considered Power! instead of freedom. You got power of those kids.

  169. USian eating habits by Anonymous Coward · · Score: 0

    What? Who would order a sandwich for lunch?!?!

    You USians... :)

  170. Power! by Anonymous Coward · · Score: 0

    "true freedom would mean I can't be thrown in jail for murdering a bus full of kids. "

    Hmm, won't that be considered Power! instead of freedom. You got power of those kids.

  171. Software companies would be doing that already by brlewis · · Score: 2

    Given the amount of money the BSA thinks is being lost to software piracy, they would have implemented such measures already if it were practical.

    Side note: Wisely, the BSA runs its web site using free software.

  172. True Freedom = Power! ? by Anonymous Coward · · Score: 0

    "true freedom would mean I can't be thrown in jail for murdering a bus full of kids. "

    If what you are saying is true freedom = power! Than for that not to happen you have to decrease freedom and you'll be powerless or power less.

  173. Who appointed you God? by brlewis · · Score: 2
    Who appointed Stallman God? In his own way he is just as bad as Bill Gates

    I am absolutely INCENSED that you are trying to dictate to ME what comparison I should make between Stallman and Bill Gates. When I post to slashdot, _I_ should have control as to how I portray those two people. How DARE you try to control my thoughts by expressing your own opinion!

  174. What does the 'M' in RMS stands for? by Anonymous Coward · · Score: 0

    See title

  175. OK, I'll say it by epepke · · Score: 1

    Anarchism, as a mode of thought, simply expects people to be grown-ups. Most people who have anything to say about the subject--which is to say, most people who are not in any shape or form an anarchist--fail to notice this component of it in their mad rush to disavow any possibility that human beings can live this way.

    Human beings are bald, domineering, violent apes with an ego problem. If they're grown-up, they're just grown-up bald, domineering, violent apes with an ego problem.

    They do what they do. Because they're bald, they wear clothing and have stupid sex taboos. Because they're domineering, they establish hierarchies. Because they're violent, they do it by hurting and killing. Because they have an ego problem, they think of themselves as refined and think up justifying philosophies for everything they feel like doing, all of which are nonsense.

    The problem with anarchy, which is otherwise quite appealing, is that it is an inherently unstable situation in a species of bald, domineering, violent apes with an ego problem.

    It doesn't matter if you get rid of a hierarchy. If you do, someone will want a hierarchy, with him on top, of course. He'll get it, even if it kills you.

    Look at the web. It used to be anarchy. That was great but short-lived. Now various governments want to control it, and they're getting their way. You can't stop them; if you try they'll either ignore you, put you in jail, or kill you.

    As Jean Shepherd said, some chickens are going to be better at being chickens than others. It doesn't matter what the parameters of chickenhood are.

    Go ahead. Prove that I'm right. Take a moral stand. Tell me that I advocate domineering and violence or that I'm insulting anarchism or something. Get down with your bad monkey self!

    The best thing you can do with apes is have a hierarchy that is full of incompetence and always changing, deliberately enfeebled. That's what the Constitution was supposed to be about. Too bad it didn't work.

    1. Re:OK, I'll say it by Deskpoet · · Score: 1

      You sound like a person without hope. However, I believe that if a human being can conceive of something, it can be made reality. I don't expect you to understand that belief, because it is merely that--a belief in the ultimate potential of hairless apes; it's not something that can be quantified with the world of needful facts.

      However, if Noam Chomsky is correct--and I believe that he most certainly is--the ability that humans possess, though currently unfufilled, can ultimately achieve a world where people do not need to assert themselves at the expense of others. Indeed, the underlying ideas in his linguistics canon is that there are many things that hairless apes *cannot* do because of inherent limitations (I won't be breathing water anytime soon), but the ability to reason and communicate, which *is* an evolotionary adaptation, will continue to progress, ultimately evolving in a direction such as anarchy as a matter of course.

      Of course, we could all be wrong, and you right. Being practical is very comforting; I'm glad it makes you feel better.....

      --
      "The more corrupt the state, the more numerous the laws."--Tacitus, The Histories
    2. Re:OK, I'll say it by invenustus · · Score: 2
      That's what the Constitution was supposed to be about. Too bad it didn't work.

      That's a little more pessimistic a stance than I'd take. It's true that partly through Amendments (the 14th, 16th, and 17th come to mind) and partly through Supreme Courts' just looking the other way, the United States has gotten away from the form of Constitutional government ratified in Philadelphia in 1787.


      At the same time, it's gotten better in a few ways since then. For one thing, now we let all genders and races vote. For another, in the eighteenth century this was an experiment - a radical outlandish idea. Now we can say it has lasted 200 years, produced the most powerful nation in the world, and, in modified forms, spread around the globe. Soviet communism took less than 75 years to die.


      So there's hope for the Republic. "Living documents" and "political third rails" are scary, but yeah, there's hope.

      --
      grep -ri 'should work' /usr/src/linux | wc -l
  176. Devil's Advocate by simm_s · · Score: 1

    How can a software company profit from a free software (only) solution?

    If I invest money (engineering staff) and time into developing a solid application, and a group of hackers decide to branch the software into another competeing software and release it for free, what can I do? Sure you may say a similar event occured between Microsoft and Netscape, but the difference is Microsoft developed their software independantly they did not use Netscape software.

    I often hear that open software companies benefit from the many-eyes form of debugging, but can that replace an expert quality assurance staff dedicated to your product. What about a testing for a software on a newly released hardware product?

    Am I crazy or what?

  177. a simplification by samantha · · Score: 2

    I think a lot of confusion and hot air has risen because of mixed meanings of the word "free" or "freedom" once again. It is perfectly valid to say that "Free Softward" does not include the freedom to make the software not free in the sense of removing the freedoms of users and developers. This makes perfect sense.

    The freedom vs. power thing is much more confusing and muddling. Even the GPL is a choosing by the developers and implicit within it is the right to choose. The choice made may be more or less moral, amoral or immoral but there is still choice.

    Saying choice itself is wrong has nothing to do with freedom in its fullest sense.

  178. Copyright Symbols? by Mad+Marlin · · Score: 1
    Nice use of a Red Dwarf quote ¥I love the macho Rimmer ;- but did you post that from, say, Win2K using IE? If so, WTF is up with the copyright symbols? Did MS finally change from CR/LF to something else? Is that Unicode for "Enter"? What is going on, Ye Gods Above?

    No, Mozilla 0©9©6 on Windows 98, since I have been visiting my parents for Thanksgiving, and can't convince my Dad to use FreeBSD© I am not sure what you are talking about with this copyright symbol business, it looks fine to me, and no copyright symbols in sight© Where do you see this at? Is anybody else seeing them?

  179. No comment by rice_burners_suck · · Score: 2

    How about allowing developers to choose whatever license they want for the software they develop? Sure, every copyrighted work is supposed to enter the public domain after a temporary time. That doesn't mean that the source code enters the public domain--only the released binaries. Think about it. Let's say a band makes some music. When that music recording enters the public domain, the band isn't required to release the sheet music. How the music was achieved has nothing to do with the fact that it enters the public domain. The same rule holds true for software, in my opinion. Most people have simply forgotten that the source code has nothing to do with the released work which is supposed to enter the public domain. Put another way, let's say someone came up with an ingenius way to play music that nobody has thought of before, and that person makes a bunch of recordings and sells an album. Some years later, that album enters the public domain, which means that people can use the music for whatever they want. The musician doesn't have to tell the world how the recording was achieved (the source code to the recording). So I'm saying Stallman's being a dumbass. If I want to release software under a license that says you are not allowed to run the software at all, then I'll release software that way. When it enters the public domain, people can use it. But that has nothing to do with the source code. You can still modify a binary. You can still learn the algorithms. True, it's more difficult. But if the program was difficult to write, it should be difficult to decypher. Oh well.

  180. Uh Huh... by Navarre · · Score: 1

    Oh yeah, you can use any license you like... as long as it's one that I endorse. On your feet mere mortals! Worship me! I am Stallman!

    Whatever. Pardon me for thinking for myself, but I am free to disagree with you.

  181. Flab.blackened.net - ws.struggle by Anonymous Coward · · Score: 0

    The WSM website that you mention (which I agree is a great resource) has moved to http://ws.struggle

  182. Semantic clarification seems to be in order by Anonymous Coward · · Score: 0

    I think between the two of you, the repeated and contradictory usages of the word 'freedom' have made the word totally ambiguous.

    Going back to my nice simple freedom to occupy my house. Some others might view that as counter to their freedom to take shelter as needed. I cannot exercise my freedom without the ability to take away theirs.

    This is an incorrect conclusion to a very relevant situation. The answer is not that you have the power to take away their 'freedom', but that one of you or the other does not have the 'freedom' they are trying to claim. Either property rights exist, or they don't. In the former case, you have such 'freedom' that you can maintain an exclusive claim to dwell in some place. In the latter, you have no home to defend. Home is where you hang your hat, and by continuing to live where these 'freedoms' prevail, you are consenting to the fact that you have no power to stake a land claim.

    The bottom line of this whole string is that 'freedom to do unto others' is not a freedom. There is no such thing as freedom to censor. That's an oxymoron. Censorship is inherently against freedom.

    And, to go back to abe ferlman's post: From a practical standpoint, the power to take away freedoms and the power to protect freedom ARE the same thing. It might be attractive to try to make the theoretical distinction, but when that's done, you've succeeded in nothing except showing that you intentionally ignore practical reality in favor of trying to make yourself sound smart. "You have the freedom to do anything you like except take away freedoms." Who is REALLY being too simplistic here? That statement is the beginning of an infinite loop that will always grow. Obviously, that's no axiom that can exist in reality for any amount of time with any amount of success. Life is just not that idealistic. Sorry, and I know it's romantic to think so. He is being too argumentative with his notion of "power" -- If one has the power to protect freedom, they must NECESSARILY have the power to take away the 'freedom' of those that he is defending against. The GPL takes away no freedom period. As I said above, 'freedom to censor' is an oxymoron, and that is the 'freedom' that is being utilized by those the GPL is protecting against. The GPL seeks to guarantee that information that IS free remain that way. To say that the GPL would be unenforceable in some fantasy situation is irrelevant in every way. Speculation about such things is human, but that speculation has no bearing on anything.

    If you read carefully, this is exactly the same thing Mr. ferlman said. Except that I'm not using two conflicting definitions of 'freedom'.

    As far as the rest of his post, maybe someone wrote an essay encompassing all that crap about how intellectual property rights relate to the framers of the constitution, but it seems rather painfully obvious that he's just parroting it to put some sort of coup de grace on his post. I'd really love to hear the reasoning behind all that. Maybe another time. Further: "Everyone has the right to say that certain things ought not be said, but no one has the right to *keep people from saying those things*." Go yell "bomb" or "I agree with Osama Bin Laden" on an airplane, yell "ANTHRAX!" in some densely populated place, yell "Fire!" in a movie theater, etc. I thought you'd be more careful about minding obvious exceptions to your absolutist statements. You're arguing black and white principles in a world that exists in living color, so to speak. Where is the freedom to censor? I don't think I need to say it a third time. It's not that it's INCOMPATIBLE with free speech, it's that it's NOT A FREEDOM IN THE FIRST PLACE. And the exact same thing holds true of his final sentence.

  183. Sorry, that's total bullshit. by Anonymous Coward · · Score: 0

    If you consider that a line of reasoning, I can see right off the bat that you aren't a mathematician, or a logician for that matter. It's ironic, then, that these are exactly the two fields that one must be intimate with to be a programmer. The conclusion is totally non-sequitur. You're stating that math cannot be compared to software because people are willing to buy software but are not willing to buy theorems. This amounts to saying you're right because most people agree with you. That's no basis for an argument.

    Programmers don't manufacture a god damn thing. They find new and interesting ways to make a black box do things that IT IS ALREADY CAPABLE OF DOING. Programmers, therefore, get paid for being capable of figuring things out. The current payment methods of programmers and mathematicans holds no relevancy whatsoever in this. Programs are the application of pure logic TO hardware, just as theorems are the application of pure logic to previous mathematical ideas. Your argument seems to epitomize the 'reasoning' that must have been used to justify the patenting of the "one click buy" method, or Ford's lawsuits against people using words like "jaguar" or "lincoln" in their business' names. It's preposterous to believe that kind of thing is right, and amateur economics doesn't do anything to convince people otherwise.

    1. Re:Sorry, that's total bullshit. by kin_korn_karn · · Score: 2

      "right" is a wholly subjective term. You want to argue that I'm just saying my opinions are truth, then I can say the same thing.

      Every company I've worked for considered a program to be a PRODUCT. That's why programmers create products, not because of some inherent philosophical alignment with production vs. thought, it's because the world deems what they create to be product, and not art. At the end of the day, the only thing that matters is whatever gets you paid so that you can survive outside of your corporate master's domain. All this talk about 'art' means nothing when you're talking about the survival of a company, that 100s/1000s/10,000s/etc. people draw their livelihood from, or that your rent is paid, or making sure your kids eat, or your elderly mother has her medicine, or whatever your responsibilities are.

      I'm a self-taught programmer. I didn't have the benefit of the good parts of CS training (like theory and modeling and such), or the curse of the bad parts of it like all this holier-than-thou shit about code being 'art' and the study of classical logic and calculus being the only way to get things done. You can learn the theory on your own, but it takes a long time to unlearn the rhetoric. One of these days all the shit will flush from your brain and you'll realize I'm right :)

  184. well duh by Anonymous Coward · · Score: 0

    of course you have the fundamental freedom to keep your thoughts to yourself; that's not the argument. The argument is that AFTER you show these things to others, it's absurd to believe you can prevent people from using your method/writng/calculation/code/what_have_you.

  185. Freedom to not write software? by fugue · · Score: 1

    I wonder if Stallman believes that developers should be free to choose not to write software at all. Forcing "freedom" on people is also a form of power...

    --
    "The biggest problem with communication is the illusion that it has taken place."
  186. Oh, Those Copyright Symbols by Mad+Marlin · · Score: 1

    Now that I am back home on my FreeBSD machine, I see what you are talking about. Apparently, Mozilla 0.9.6 on Windows 98 may still have some issues. The © (copyright) symbols should be periods (.), the ¥ (yen) symbol should be an exclamation point (!) (I think). That is really weird.

  187. Mr. Wall would probably say... by Anonymous Coward · · Score: 0

    Heidi, are you on drugs?

  188. Offending the moderates is only bad... by raindog2 · · Score: 1

    ...when most of the population is moderate.

    From where the FSF sits, most of the population is still using captive software. So they have elected to become the polar opposite of Microsoft. I don't know whether that's a good thing or not, but it's necessary in any political struggle.

    Taking free software as a social movement, the next step would normally be an MLK to RMS' Malcolm X. We've had a short list of could-be's, like Linus and Miguel. (Not so much ESR, whom I see as sort of a Log Cabin geek.) I'm sure Michael Robertson has acquiring that role on this year's todo list as well.

    But when the extreme positions are still boring and irrelevant to most people, taking the moderate view is a good way to be ignored. I actually don't think the copyright debate is mature enough yet that we on the free software side could accept leadership by moderation. If a challenger to RMS were to appear tomorrow preaching compromise and BSDness and "why can't we all just get along", the only lasting effect would be to widen the schism so that people outside the community might actually notice one existed.

    On top of that, it's a lot harder to consider the FSF/RMS as the spokesmodel for the entire free software or open source movement than it is to consider Microsoft/billg the figurehead of proprietary software. If people really found the GPL that stifling, BSD would be bigger than Linux by now and we'd be having this same discussion about someone else.

    Really, at this point the FSF's function is not to promote their own goals directly, but to get other people to react to them. And if you look at their underlying strategy, it's always been that kind of political judo. Lately they've been pushing Microsoft to become so insular and reactive that it's bringing people around to the free software way of thinking. It's a slow process but a real activist knows that change takes a while. Real activists also understand that the whole point of their own movement is to make their own leadership roles unnecessary. I think that the main players in the FSF are real activists.

    Finally, don't forget that 24 years ago it was Bill Gates who was the underdog, writing scathing letters to all those who dared to share their software. He didn't make many friends back then, but a couple decades later it turns out he really didn't need to.