Free As In Freedom: But Whose Freedom?

from the nobody-said-it-would-be-easy dept

It would be hard to overstate the contribution of Richard Stallman to the digital world. The founding of the GNU project and the creation of the GNU General Public License laid the foundations for a wide range of free software that permeates computing from smartphones to supercomputers. Free software has also directly inspired like-minded movements based around sharing, such as open access and open content (Wikipedia, notably).

At the heart of everything Stallman does lies a desire to promote freedom, specifically the freedom of the software user, by constraining the freedom of the developer in the way the code is distributed. That's in contrast to BSD-style licenses, say, where the developer is free to place additional restrictions on the code, thus reducing the freedom of the user.

Karl Fogel on QuestionCopyright.org recently asked why Stallman doesn't grant readers of his texts the same freedoms as for software, for example to create derivatives:

Recently we had some correspondence with an Internetizen known to us only as "openuniverse" or "libreuniverse", who resigned his membership in the Free Software Foundation over Stallman's insistence on exercising his state-granted monopoly to prevent derivative works from being made of his writings and speeches.

I phrase it that way for a reason. Elsewhere, you might see it expressed as "Stallman's insistence on using his copyright to control what can be done with his works". But Stallman himself understands these issues very well, and could easily spot the unspoken assumptions in that way of putting it. No one was asking to change his works, or to attribute to him thoughts or expressions not his. No one's existing copies of Stallman's works would be changed. Rather, openuniverse wanted to make a new work, using material from one of Stallman's books -- and Stallman quashed it.
The main GNU site explains:
Works that express someone's opinion—memoirs, editorials, and so on—serve a fundamentally different purpose than works for practical use like software and documentation. Because of this, we expect them to provide recipients with a different set of permissions: just the permission to copy and distribute the work verbatim. Richard Stallman discusses this frequently in his speeches.
Here's what Stallman said:
The second class of work is works whose purpose is to say what certain people think. Talking about those people is their purpose. This includes, say, memoirs, essays of opinion, scientific papers, offers to buy and sell, catalogues of goods for sale. The whole point of those works is that they tell you what somebody thinks or what somebody saw or what somebody believes. To modify them is to misrepresent the authors; so modifying these works is not a socially useful activity. And so verbatim copying is the only thing that people really need to be allowed to do.
Nina Paley, writing on the QuestionCopyright.org site, disagrees with the idea that "Works that express someone's opinion—memoirs, editorials, and so on—serve a fundamentally different purpose than works for practical use like software and documentation":
The problem with this is that it is dead wrong. You do not know what purposes your works might serve others. You do not know how works might be found “practical” by others. To claim to understand the limits of “utility” of cultural works betrays an irrational bias toward software and against all other creative work. It is anti-Art, valuing software above the rest of culture. It says coders alone are entitled to Freedom, but everyone else can suck it. Use of -ND [No Derivatives] restrictions is an unjustifiable infringement on the freedom of others.
As with software licenses, the question once more comes down to: whose freedom are we talking about here? The freedom for creators to decide how their creations are to be used, or the freedom of users to do with those creations as they wish? The fact that Stallman straddles this divide shows there are no easy answers.

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  1. icon
    Karl (profile), 8 Nov 2011 @ 6:00am

    Re: Re: Reasoning

    I can't afford to be sued if I inadvertently use some your work in a white paper for my non-profit foundation. Glyn had better not quote from it, or post it on an ad-supported website (such as TechDirt). And if a student puts it in a term paper, their professor won't be able to use it in class.

    You happen to be wrong on these points, but I understand the underlying concern. With ad-supported sites being the norm, and situations like the ones you describe, nearly every use could potentially be considered a "commercial use" under the definitions of someone or other.

    Personally, I remedied this by clarifying exactly what is or isn't a "commercial use." In my case, it is: 1. Directly selling the material for profit; or 2. If you are registered as a commercial entity for tax purposes. I also make it clear that in any case, third parties are exempt. Non-profit foundations are explicitly not "commercial" (since they're not registered as a commercial entity), and students using my work in class are not commercial, either.

    Its use is not automatically authorized on Techdirt, but if Glyn is merely "quoting" me, then it almost certainly falls under fair use in any case. Also, I make music, so he'd have to "quote" my music, which is kind of a different situation.

    The only issue now, is whether by defining commercial use in this way, I can still call the license a Creative Commons license (since they do not explicitly define what is commercial, though they do define certain uses - e.g. sharing on the Pirate Bay - which are not). I've actually asked about this on the Creative Commons forum, but got no response.

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