You Can't Oppose Copyright and Support Open Source
Reader gbulmash sends us to his essay on the fallacy of those who would abolish copyright. The argument is that without copyright granting an author the right to set licensing terms for his/her work, the GPL could not be enforced. The essay concludes that if you support the GPL or any open source license (other than public domain), your fight should be not about how to abolish copyright, but how to reform copyright.
...it would be possible to have commented disassemblies of everything that a computer can run openly available. That would be a lot better than the situation we have right now in SOME cases (by far not all of course - but please note you could still publish sourcecode in a more high-level language if you felt like it ;)) when there are only legally encumbered BLOBs available for crucial components of a system like, for example, graphics or network drivers, which you may execute, but not touch in any other way (in the US at least, that is).
Summa summarum, I think it's better to live in a world with copyright in place.
I just - like many other fellow advocates of Free Software - would wish for more people to publish their works under more permissive and freedom-granting licenses: to have art, culture, knowledge and wisdom spread for the greater good, and not just immediate, monetary profit in the first place.
Bottom line is: supporting Free Software and/or the GNU GPL does not automagically make you speak out against copyright per se at all.
:%s/Open Source/Free Software/g
YTARY!
Who are these amazing people that want to abolish copyright?
Funny, I've never heard anyone say BSD wasn't open source.
The dangers of linking to someone taking a mental dump in their blog.
The author in question cites an ethereal 'anti-copyright crowd' and proposes that this 'crowd' are those who would license their software under the GNU/GPL.
I don't think I really need to point out that the reality is very different.
Ripping an new rectum in the fabric of spacetime.
And I've been modded down by some shifty Microsoft lovers that lurk here on this peaceful website. YOU KNOW WHO YOU ARE..
Anyway, the GPL is like a Judo move. It rests on the strength of copyright law. If you make copyright stronger, then you make the GPL stronger. It's like a Judo master using his opponent's strength against him.
Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
"How can I get people to read my blog... I know, I'll pick an extreme opinion that few people actually hold, combine it with a more popular but unrelated opinion, and write a long argument to shoot the whole thing down as self-contradictory."
Yes, mod me down -1 cynical.
ClutterMe.com - easiest site creation on the Net. Just click and type.
Copyright is fine as long as it doesn't go to idiotic extremities such as DMCA, causing obscure censoring like that recently on Digg or Wikipedia. Everything's good in moderation.
His argument is putting up a straw man that doesn't really represent what RMS and FSF think, and then knocking it down.
The FSF stance is that good software comes with source code and with a particular set of rights which should be yours regardless of whether copyright can be used to enforce those rights or not. Perhaps it would be some other sort of law, or perhaps an ethical norm.
But IMO it would make about 100 times more sense to argue about software patents at the moment, because they are by far the worse evil.
Bruce
Bruce Perens.
That's the whole point of the GPL. It's there to simulate the "no copyright" world within the existing copyright system. Go read some Stallman.
I'm not a big fan of the GPL, but I don't think public domain or a BSD-type deal is going to work either. But for everything I've ever read from Stallman and friends, I don't really think they have it down, either. It's as if they are sitting there hoping something will happen that will validate their position and everything will be kumbaya and honky dory. What that is they have no idea.
Stallman can rewrite his license until the cows come home, but without some real change in the legal area it won't really make much difference. And piling restrictions up on top of the GPL can only go so far. Not his fault - that's just reality.
And that's just for software... wait 'til you get into music and images and whatnot. The Creative Commons are in the same bind.
For the purpose of software only, what about limiting copyright for a period of no more than seven years? Allow a company to milk the product for all it is worth, then allow the intellectual property to be public domain. Maybe seven years is too short. Perhaps ten years is better.
How many of us use Windows 98 anymore still? How many think it should become public domain next year?
Because of that, pure binary data that has no meaning for a human being should have no copyright protection, only creations that a human can understand. No copyrights for binary executable files or data that has been copy protected or encrypted in any form, only for source code or data such as video or music that is published in a format that is open and unencumbered by any form of copy protection or secrecy.
Otherwise, how can the creation ever come into the public domain? How will one be able to read those DVDs when (and if!!!) their copyright ever expires? What's the point of granting a copyright for something that has never been published, such as the source code of commercial software?
If you use copy protection in any form, either by encryption or by a trade secret, then you are able to protect your own intellectual property, you don't need the protection that the state grants you in the form of patents and copyrights.
This is kind of like saying that if you are against socialism you should be against unions, or if you are for the death penalties for murder you should be for it for assault as well.
Just because you support the GPL as a good fix in the current climate does not mean you approve of the current climate. BSD fails for many projects because a company will walk in, grab the code, edit it a little to add proprietary components, sell it and hurt the development of the free project. See wine.
While the GPL isn't ideal, it defeats the "I am going to take your code, make a small change and call it mine" that wouldn't exist if no copyright existed in the first place. If copyright didn't exist, decompiling and DRM cracks would quickly negate any attempts to restrict use of code/programs.
Take music for example. Some guy makes a background track under the GPL; people use it in their GPL songs or pay (for the development of more free background tracks) to use it in non-free songs. Then take one who puts it under something BSD-ish. The RIAA comes in, sticks Brittney Spears on top of it, makes millions of $$$ and goes around suing people that didn't pay them for what they only edited.
Not to say that's likely, but it's a good example. If all open projects used the BSD, it's more likely than not MS/Apple would have just taken the best, stuck it in a proprietary package and sold it, making it so open projects could never get ahead or even catch up. Hell Apple already did this, with BSD itself none the less. How many times do people on slashdot alone say that they used to use Linux/BSD until OS X came around that had all the best of open software, except the fact that it was truly open?
So far as I care, the only reason I use the GPL and not BSD is because I don't want someone else having a full copyright on something using what I created. That's not why I created it.
Great Intellect...
is that I can't buy a certain book published in 1900, because nobody's printing it anymore. But I can't legally copy it from the library or download it from Google books, because the author died in 1956, and therefore it won't fall into the public domain before 2026. That's the problem with copyright, not its existence.
I've kept up with this issue for years, and I can't think of anyone who wants to abolish copyright outright.
Ensure Fair Use? Sure.
Restrict copyright to a reasonable 20 or 30 years (even though 5 years would probably be sufficient for most purposes)? Sure.
Abolish it entirely? Well, it probably wouldn't hurt as much as some people think it would, but it wouldn't be especially useful either, as long as Fair Use is allowed and it expires after a reasonable 20 or 30 years.
However there are other forms of open source software too, many of which do not rely on copyright in any shape or form.
Ultimately, open source software is a philosophy and changing the legal tools will not change too much. The GPL is also just a tool and even if the GPL was to be ruled invalid (or was invalidated by the removal of copyright laws) not much would change. When the Shroud of Turin was shown to be fake the nuns didn't commit mass suicide; similarly open source software will continue, with or without copyright, GPL or whatever icons.
Engineering is the art of compromise.
As everybody has already commented, this article is based on fundamentally flawed logic on so many levels that it is difficult to enumerate, so I'll stick to some important points.- for-a copyright law getting abolished. So you see, I actually support and not support the same thing at the same time, and I have not disappeared in a puff of logic.
1) You can oppose copyright and support open-source at the same time. In fact, if you do oppose copyright, you're only viable strategy IS to support open-source, while copyright is THE LAW and stuff.
2) You can also support a concept while knowing that it is unimplementable. You can find several examples in History books.
3) "members of the anti-copyright crowd cite the GPL (GNU Public License) as an alternative to copyright" is not an example of irony but of a practical stop-gap solution.
4) The "look at what happens if the GPL is unenforceable." is a bizarre glimpse into a strange world that conveniently ignores a bunch of nasty truths, all in all pretty well debunked on other comments, although I find it most revealing that the "world without GPL", does have DRM! The "dreamworld" turns out to be more like a "strawworld" .
My personal opinion is that copyright has a place, and therefore should not be abolished, in a *perfect world*. However, due to the fact that the world is what it is, I would be perfectly happy with that bloated-and-abused-out-of-proportion-sorry-excuse
*puff*
Looks like another college sophomore just discovered the GPL.
r eedom.html
Welcome, sir. To start, why don't you Read the Fine Manual?
http://www.gnu.org/philosophy/free-sw.html
The FSF is an organization committed to the advancement of Free Software. The FSF contends that proprietary (non-Free) software development and distribution is unethical and should cease because it fails to satisfy the 4 essential freedoms of software users.
Free software is software that satisfies the 4 essential freedoms of users of software. These freedoms are completely independent of Copyright's existence or non-existence. The definition of Free Software makes no mention of copyright.
Absent the voluntary or involuntary elimination of proprietary software, the Free Software Foundation generally encourages the use of Copyleft. You seem to be confused about the difference between Free Software and Copyleft. Free Software is software that satisfies the 4 essential freedoms of software users. Copyleft, on the other hand, is a licensing strategy employed wherin existing Copyright law is leveraged to further the proliferation of Free Software. There is much non-Copylefted Free Software.
You also seem to confuse Open Source with Free Software or Copyleft. These are all quite different things.
Once again, I refer you to the Fine manual:
http://www.gnu.org/philosophy/free-software-for-f
Having said all this, please consider taking a few minutes to inform yourself in the future before making wild generalizations about people and organizations you know nothing about. And congrats on completing sophomore year!
Regardless whether you agree with copyright or not, the argument that copyright is good because without it there wouldn't be a GPL is simply wrong. The GPL was born to fight closed source. Closed source was protected by copyright. RMS et al had the great idea of using the copyright law to fight its effect, they used the law-guaranteed restrictive power of copyright to guarantee that the right of copying a GPL-ed work can not be limited.
If there was no copyright there would not be a need for the GPL because there would not be a restriction on copying, modifying and redistributing the source. The GPL is a counter-measure and as such its existence is dependent on that of the measure it counters. If you agree with a counter-measure it is a logical fallacy to say that the original measure is good because without it we couldn't fight against it...
The article goes into scenarios where Big Bad Megacorp steals your code and distributes DRM protected binaries because there's no copyright. Well, first of all the 'R' in DRM would not be there if there was no copyright. They had no legal basis of using any measure to stop you to copy the program. They can use technical measures, but if you defeat them, they're out of luck.
The Big Bad Megacorp would need a different business model to rip you off. I bet they'd find a way. It wouldn't be based on their exclusive right to copy a work, that's all. The current content provider industry business model uses copyright as the basis of their revenue. They would sink and some other industry would pop up that uses some other aspect to make money. Of course the copyright lobby is scared about *their* income going down and it's no consolation for them that some other businesses would became filthy rich if copyright was abolished, so they fight to protect and extend copyright as much as possible.
The GPL fights back at least in the software segment of the copyright business. But the GPL is only good because it undoes the restrictions that the copyright places on you (by ingeniously using the very law that protects the copyright industry's content) to provide you the freedom the industry wants to deny. Without copyright there wouldn't be GPL because there would not be a need for it.
Even more secretive than "you cannot touch it, reverse-engineer it, and if you ever see it you're NDA'd to hell"? :-)
I don't think you can be more protective of source code than they are today.
Copyright simply screws everybody who didn't think of it first. It's nothing but a holdover from 19th century industrialists who wish to control everything.
Noooo, sorry, we were looking for patent. PATENTS let you screw over everyone who didn't think of it first. (For 20 years, at least - then everyone gets to use the technology you described publicly and in great detail on your patent application.)
Copyrights are necessary and important, moreso for the layman than the Evil Corporation(TM). The classical example is "You write a song and someone performed it and makes millions off of your work." Copyrights are what make that illegal, and what make the GPL and other "copyleft" schemes possible.
You might be tempted to say that without coypyright, the GPL wouldn't be necessary - everyone could use everything because there'd be no licenses of any kind to stop you. Let me knock down a straw-man for a minute and point out that the GPL and other F/OSS licenses do more than allow public-domain-style copying. The GPL, for example, requries someone who uses GPL-licensed code to release his code under the GPL, also.
Copyright laws require $big-evil-19th-century-industrialist-man to release the source code of his $program if his program uses GPL'd code. Without copyrights, he is free to take F/OSS and use them in his own $program, without giving the source code back to the community.
It's why we still burn petroleum and use lame, kludgy x86 processors while better existing technology rots on the shelf waiting for a higher price
Did somebody "copyright" (or are you still talking about "patents"?) the dark matter reactor, or the Magic Battery, or something? We use petroleum because it's a cheap (yes, it's still cheap relative to other fuels), efficient, and easily obtained fuel.
We use 8086 clones because of the insane amount of software produced for that architecture. An insane amount of software was produced for that architecture because Microsoft licensed their OS to Tandy and the like (something Apple wouldn't do), which brought cheap computing to the masses.
Better technology doesn't "wait for a higher price." If it's not worth buying, it's obviously that hot. Consumers wait for lower prices as technology improves.
Yes, I'm sure there are "better" processor architectures out there - and they're being used where the differences are actually worth the cost. Servers use all sorts of interesting procs and arrangements, where a faster server is worth dealing with the idiosyncrasies and higher costs of a more exotic chip. But, I'm sorry to say that your $359 Dell machine is not going to see a I've written machine language for x86, Z80, and 68K derivatives, and the x86 isn't all that bad - and with compilers and programming languages, how kludgey the underlying architecture is doesn't matter as long as it runs efficiently enough. Our Intel and AMD chips run fast enough, and they're cheap. The DEC Alpha was expensive, had complicated instruction set, and provided no advantages over the x86 for programmers or desktop users - so it's used on many-CPU servers and processor farms.
You managed to post to slashdot despite using an x86 machine, didn't you? I'm happy you suffered through the ordeal. The DEC Alpha "rotting on the shelf" will not help you one bit unless you start writing and posting a billion posts every second. The Itanium-series chips succeeded in the marketplace because they play nice with existing software, are cheaper, and provide the same benefits.
I'd love to see some specific examples of "better existing technology rotting on the shelf" due to patents or "19th century industrials" or whatnot.
(Score:0, Flamebait) There ya go! Send in the drones [stlyrics.com]... to fight for what they think is theirs...even when it's not. Stamp out the rabble rouser and his
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