More perspectives... http://www.oreilly.com/openbook/freedom/ch09.html (The GNU General Public License)
------- Although helpful in codifying the social contract of the Emacs Commune, the Emacs 15 license remained too "informal" for the purposes of the GNU Project, Stallman says. Soon after starting work on a GNU version of Emacs, Stallman began consulting with the other members of the Free Software Foundation on how to shore up the license's language. He also consulted with the attorneys who had helped him set up the Free Software Foundation. Mark Fischer, a Boston attorney specializing in intellectual-property law, recalls discussing the license with Stallman during this period. "Richard had very strong views about how it should work," Fischer says, "He had two principles. The first was to make the software absolutely as open as possible. The second was to encourage others to adopt the same licensing practices." Encouraging others to adopt the same licensing practices meant closing off the escape hatch that had allowed privately owned versions of Emacs to emerge. To close that escape hatch, Stallman and his free software colleagues came up with a solution: users would be free to modify GNU Emacs just so long as they published their modifications. In addition, the resulting "derivative" works would also have carry the same GNU Emacs License. The revolutionary nature of this final condition would take a while to sink in. At the time, Fischer says, he simply viewed the GNU Emacs License as a simple contract. It put a price tag on GNU Emacs' use. Instead of money, Stallman was charging users access to their own later modifications. That said, Fischer does remember the contract terms as unique. "I think asking other people to accept the price was, if not unique, highly unusual at that time," he says. [...] In fashioning the GPL, Stallman had been forced to make an additional adjustment to the informal tenets of the old Emacs Commune. Where he had once demanded that Commune members publish any and all changes, Stallman now demanded publication only in instances when programmers circulated their derivative versions in the same public manner as Stallman. In other words, programmers who simply modified Emacs for private use no longer needed to send the source-code changes back to Stallman. In what would become a rare compromise of free software doctrine, Stallman slashed the price tag for free software. Users could innovate without Stallman looking over their shoulders just so long as they didn't bar Stallman and the rest of the hacker community from future exchanges of the same program. Looking back, Stallman says the GPL compromise was fueled by his own dissatisfaction with the Big Brother aspect of the original Emacs Commune social contract. As much as he liked peering into other hackers' systems, the knowledge that some future source-code maintainer might use that power to ill effect forced him to temper the GPL. As hacks go, the GPL stands as one of Stallman's best. It created a system of communal ownership within the normally proprietary confines of copyright law. More importantly, it demonstrated the intellectual similarity between legal code and software code. Implicit within the GPL's preamble was a profound message: instead of viewing copyright law with suspicion, hackers should view it as yet another system begging to be hacked. "The GPL developed much like any piece of free software with a large community discussing its structure, its respect or the opposite in their observation, needs for tweaking and even to compromise it mildly for greater acceptance," says Jerry Cohen, another attorney who helped Stallman with the creation of the license. "The process worked very well and GPL in its several versions has gone from widespread skeptical and at times hostile response to widespread acceptance." In a 1986 interview with Byte magazine, Stallman summed up the GPL in colorful terms. In addition to proclaiming hacker values, Stallman said, readers should also "see it as a form of intellectual jujitsu, using the legal system that software hoarders have set up against them."5 Years later, Stallman would describe the GPL's creation in less hostile terms. "I was thinking about issues that were in a sense ethical and in a sense political and in a sense legal," he says. "I had to try to do what could be sustained by the legal system that we're in. In spirit the job was that of legislating the basis for a new society, but since I wasn't a government, I couldn't actually change any laws. I had to try to do this by building on top of the existing legal system, which had not been designed for anything like this." [...] 5. See David Betz and Jon Edwards, "Richard Stallman discusses his public-domain [sic] Unix-compatible software system with BYTE editors," BYTE (July, 1986). (Reprinted on the GNU Project web site: http://www.gnu.org/gnu/byte-interview.html) This interview offers an interesting, not to mention candid, glimpse at Stallman's political attitudes during the earliest days of the GNU Project. It is also helpful in tracing the evolution of Stallman's rhetoric. Describing the purpose of the GPL, Stallman says, "I'm trying to change the way people approach knowledge and information in general. I think that to try to own knowledge, to try to control whether people are allowed to use it, or to try to stop other people from sharing it, is sabotage." Contrast this with a statement to the author in August 2000: "I urge you not to use the term `intellectual property' in your thinking. It will lead you to misunderstand things, because that term generalizes about copyrights, patents, and trademarks. And those things are so different in their effects that it is entirely foolish to try to talk about them at once. If you hear somebody saying something about intellectual property, without quotes, then he's not thinking very clearly and you shouldn't join." -------- regards, alexander. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
