Changeset 821


Ignore:
Timestamp:
Oct 3, 2006, 8:18:13 AM (15 years ago)
Author:
Александър Шопов
Message:

anarchism.bg.xml: Начало на преобразуване към DocBook?. Все още XML-ът не е валиден, възможно е и да не добре формиран. Имам съгласието на Моглен за превода. Той се съгласи и да отговаря на въпроси за културните препратки. Тепърва ще видим дали този превод е лъжица за моите уста.

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     2<!DOCTYPE article PUBLIC "-//OASIS//DTD DocBook XML V4.2//EN" "http://www.oasis-open.org/docbook/xml/4.2/docbookx.dtd" [
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     4<article lang="bg">
     5
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    18<html><head>
    29<!-- base href="http://firstmonday.org/issues/issue4_8/moglen/index.html" --><title>Anarchism Triumphant</title>
     
    2633</blockquote>
    2734
    28 <p></p>
     35<para></para>
    2936
    3037<hr>
    3138
    32 <p></p>
     39<para></para>
    3340
    3441<blockquote>
    3542
    36 <p></p><center><a href="http://firstmonday.org/issues/issue4_8/moglen/index.html#author"><img src="anarchism_files/moglen.gif" alt="Anarchism Triumphant: Free Software and the Death of Copyright" border="0"></a></center><p></p>
    37 <p>
     43<para></para><center><ulink url="http://firstmonday.org/issues/issue4_8/moglen/index.html#author"><img src="anarchism_files/moglen.gif" alt="Anarchism Triumphant: Free Software and the Death of Copyright" border="0"></ulink></center><para></para>
     44<para>
    3845<i>The spread of the Linux operating system kernel has directed
    3946attention at the free software movement. This paper shows why free
     
    4148software market, is the vital first step in the withering away of the
    4249intellectual property system.</i>
    43 </p>
    44 <p></p><h2>Contents</h2><p></p>
    45 
    46 <p><a href="#m1">I. Software as Property: The Theoretical Paradox</a><br>
     50</para>
     51<para></para><h2>Contents</h2><para></para>
     52
     53<para><a href="#m1">I. Software as Property: The Theoretical Paradox</a><br>
    4754<a href="#m2">II. Software as Property: The Practical Problem</a><br>
    4855<a href="#m3">III. Anarchism as a Mode of Production</a><br>
    4956<a href="#m4">IV. Their Lordships Die in the Dark?</a><br>
    50 <a href="#m5">Conclusion</a></p>
    51 
    52 <p><img src="anarchism_files/quad.gif"></p><a name="m1"></a>
    53 
    54 <p></p><h2>I. Software as Property: The Theoretical Paradox</h2><p></p>
    55 
    56 <p>S<small>OFTWARE</small>: no other word so thoroughly connotes the
     57<a href="#m5">Conclusion</a></para>
     58
     59<para><img src="anarchism_files/quad.gif"></para><a name="m1"></a>
     60
     61<para></para><h2>I. Software as Property: The Theoretical Paradox</h2><para></para>
     62
     63<para>S<small>OFTWARE</small>: no other word so thoroughly connotes the
    5764practical and social effects of the digital revolution. Originally, the
    5865term was purely technical, and denoted the parts of a computer system
     
    6471"software" mostly denoted the expressions in more or less
    6572human-readable language that both described and controlled machine
    66 behavior [<a href="#note1">1</a>].</p>
    67 
    68 <p>That was then and this is now. Technology based on the manipulation
     73behavior [<a href="#note1">1</a>].</para>
     74
     75<para>That was then and this is now. Technology based on the manipulation
    6976of digitally-encoded information is now socially dominant in most
    7077aspects of human culture in the "developed" societies [<a href="#note2">2</a>].
     
    8794despite the unease raised in the technically competent when the term is
    8895thus bandied about, eliding the conceptual significance of its
    89 derivation [<a href="#note4">4</a>].</p>
    90 
    91 <p>But the widespread adoption of digital technology for use by those
     96derivation [<a href="#note4">4</a>].</para>
     97
     98<para>But the widespread adoption of digital technology for use by those
    9299who do not understand the principles of its operation, while it
    93100apparently licenses the broad metaphoric employment of "software," does
     
    104111familiar to legal theorists who haven't yet understood how to apply
    105112their traditional logic in this area - the trick won't work. This paper
    106 explains why [<a href="#note6">6</a>].</p>
    107 
    108 <p>We need to begin by considering the technical essence of the
     113explains why [<a href="#note6">6</a>].</para>
     114
     115<para>We need to begin by considering the technical essence of the
    109116familiar
    110117devices that surround us in the era of "cultural software." A CD player
     
    120127and Chorale is (to drop a few insignificant digits) 1276749873424,
    121128while Glenn Gould's peculiarly perverse last recording of the Goldberg
    122 Variations is (similarly rather truncated) 767459083268.</p>
    123 
    124 <p>Oddly enough, these two numbers are "copyrighted." This means,
     129Variations is (similarly rather truncated) 767459083268.</para>
     130
     131<para>Oddly enough, these two numbers are "copyrighted." This means,
    125132supposedly, that you can't possess another copy of these numbers, once
    126133fixed in any physical form, unless you have licensed them. And you
    127134can't turn 767459083268 into 2347895697 for your friends (thus
    128135correcting Gould's ridiculous judgment about tempi) without making a
    129 "derivative work," for which a license is necessary.</p>
    130 
    131 <p>At the same time, a similar optical storage disk contains another
     136"derivative work," for which a license is necessary.</para>
     137
     138<para>At the same time, a similar optical storage disk contains another
    132139number, let us call it 7537489532. This one is an algorithm for linear
    133140programming of large systems with multiple constraints, useful for
     
    138145programming problems no matter how you came by the idea, including
    139146finding it out for yourself, unless you have a license from the
    140 number's owner.</p>
    141 
    142 <p>Then there's 9892454959483. This one is the source code for
     147number's owner.</para>
     148
     149<para>Then there's 9892454959483. This one is the source code for
    143150Microsoft
    144151Word. In addition to being "copyrighted," this one is a trade secret.
    145152That means if you take this number from Microsoft and give it to anyone
    146 else you can be punished.</p>
    147 
    148 <p>Lastly, there's 588832161316. It doesn't do anything, it's just the
     153else you can be punished.</para>
     154
     155<para>Lastly, there's 588832161316. It doesn't do anything, it's just the
    149156square of 767354. As far as I know, it isn't owned by anybody under any
    150 of these rubrics. Yet.</p>
    151 
    152 <p>At this point we must deal with our first objection from the
     157of these rubrics. Yet.</para>
     158
     159<para>At this point we must deal with our first objection from the
    153160learned. It comes from a creature known as the IPdroid. The droid has a
    154161sophisticated mind and a cultured life. It appreciates very much the
     
    168175by Microsoft, for example, which is known as "reverse
    169176engineering"), you're not going to be punished, at least if you live in
    170 some parts of the United States.</p>
    171 
    172 <p>This droid, like other droids, is often right. The condition of
     177some parts of the United States.</para>
     178
     179<para>This droid, like other droids, is often right. The condition of
    173180being a droid is to know everything about something and nothing about
    174181anything else. By its timely and urgent intervention the droid has
     
    182189sell. When applied to digital information that moves frictionlessly
    183190through the network and has zero marginal cost per copy, everything
    184 still works, mostly, as long as you don't stop squinting.</p>
    185 
    186 <p>But that wasn't what I was arguing about. I wanted to point out
     191still works, mostly, as long as you don't stop squinting.</para>
     192
     193<para>But that wasn't what I was arguing about. I wanted to point out
    187194something else: that our world consists increasingly of nothing but
    188195large numbers (also known as bitstreams), and that - for reasons having
     
    195202have - blessed as we are by its consequences if we are copyright
    196203teachers, Congressmen, Gucci-gulchers or Big Rupert himself - is
    197 compelled to treat indistinguishable things in unlike ways.</p>
    198 
    199 <p>Now, in my role as a legal historian concerned with the secular
     204compelled to treat indistinguishable things in unlike ways.</para>
     205
     206<para>Now, in my role as a legal historian concerned with the secular
    200207(that is, very long term) development of legal thought, I claim that
    201208legal regimes based on sharp but unpredictable distinctions among
     
    211218require judges to distinguish among the identical, the game is
    212219infinitely lengthy, infinitely costly, and almost infinitely offensive
    213 to the unbiased bystander [<a href="#note8">8</a>].</p>
    214 
    215 <p>Thus parties can spend all the money they want on all the
     220to the unbiased bystander [<a href="#note8">8</a>].</para>
     221
     222<para>Thus parties can spend all the money they want on all the
    216223legislators and
    217224judges they can afford - which for the new "owners" of the digital
     
    229236mainstream of "respectable" conservative opinion acknowledges their
    230237death, with uncertain results. But realistic scholarship should already
    231 be turning its attention to the clear need for new thoughtways.</p>
    232 
    233 <p>When we reach this point in the argument, we find ourselves
     238be turning its attention to the clear need for new thoughtways.</para>
     239
     240<para>When we reach this point in the argument, we find ourselves
    234241contending with the other primary protagonist of educated idiocy: the
    235242econodwarf. Like the IPdroid, the econodwarf is a species of hedgehog,[<a href="#note9">9</a>]
     
    244251create the things the rules treat as property: without the ability to
    245252exclude others from music there would be no music, because no one could
    246 be sure of getting paid for creating it.</p>
    247 
    248 <p>Music is not really our subject; the software I am considering at
     253be sure of getting paid for creating it.</para>
     254
     255<para>Music is not really our subject; the software I am considering at
    249256the moment is the old kind: computer programs. But as he is determined
    250257to deal at least cursorily with the subject, and because, as we have
     
    254261and the motets of the wife-murderer Carlo Gesualdo are all part of the
    255262centuries-long tradition of free software, in the more general sense,
    256 which the econodwarf never quite acknowledges.</p>
     263which the econodwarf never quite acknowledges.</para>
    257264<center><img src="anarchism_files/mog1.gif"></center>
    258 <p> The dwarf's basic problem is that "incentives" is merely a
     265<para> The dwarf's basic problem is that "incentives" is merely a
    259266metaphor, and as a metaphor to describe human creative activity it's
    260267pretty crummy. I have said this before,[<a href="#note10">10</a>] but
     
    274281network is directly proportional to the field strength of the
    275282"intellectual property" system. So the right answer to the econodwarf
    276 is, resist the resistance.</p>
    277 
    278 <p>Of course, this is all very well in theory. "Resist the resistance"
     283is, resist the resistance.</para>
     284
     285<para>Of course, this is all very well in theory. "Resist the resistance"
    279286sounds good, but we'd have a serious problem, theory notwithstanding,
    280287if the dwarf were right and we found ourselves under-producing good
     
    282289are formalists of different kinds, and the advantage of realism is that
    283290if you start from the facts the facts are always on your side. It turns
    284 out that treating software as property makes bad software.</p>
    285 
    286 <p><img src="anarchism_files/quad.gif"></p><a name="m2"></a>
    287 
    288 <p></p><h2>II. Software as Property: The Practical Problem</h2><p></p>
    289 
    290 <p>In order to understand why turning software into property produces
     291out that treating software as property makes bad software.</para>
     292
     293<para><img src="anarchism_files/quad.gif"></para><a name="m2"></a>
     294
     295<para></para><h2>II. Software as Property: The Practical Problem</h2><para></para>
     296
     297<para>In order to understand why turning software into property produces
    291298bad software, we need an introduction to the history of the art. In
    292299fact, we'd better start with the word "art" itself. The programming of
    293 computers combines determinate reasoning with literary invention.</p>
    294 
    295 <p>At first glance, to be sure, source code appears to be a non-literary form of composition [<a href="#note11">11</a>].
     300computers combines determinate reasoning with literary invention.</para>
     301
     302<para>At first glance, to be sure, source code appears to be a non-literary form of composition [<a href="#note11">11</a>].
    296303The primary desideratum in a computer program is that it works, that is
    297304to say, performs according to specifications formally describing its
    298305outputs in terms of its inputs. At this level of generality, the
    299 functional content of programs is all that can be seen.</p>
    300 
    301 <p>But working computer programs exist as parts of computer systems,
     306functional content of programs is all that can be seen.</para>
     307
     308<para>But working computer programs exist as parts of computer systems,
    302309which are interacting collections of hardware, software, and human
    303310beings. The human components of a computer system include not only the
     
    306313that executes the program, through the intermediary of the compiler
    307314that produces machine-language object code, but also with other
    308 programmers.</p>
    309 
    310 <p>The function of source code in relation to other human beings is not
     315programmers.</para>
     316
     317<para>The function of source code in relation to other human beings is not
    311318widely grasped by non-programmers, who tend to think of computer
    312319programs as incomprehensible. They would be surprised to learn that the
     
    317324program's operation. In most programming languages, far more space is
    318325spent in telling people what the program does than in telling the
    319 computer how to do it.</p>
    320 
    321 <p>The design of programming languages has always proceeded under the
     326computer how to do it.</para>
     327
     328<para>The design of programming languages has always proceeded under the
    322329dual requirements of complete specification for machine execution and
    323330informative description for human readers. One might identify three
     
    334341instructions, pausing every few hundred instructions to create "block
    335342comments," which provide a summary of the strategy of the program, or
    336 document the major data structures the program manipulates.</p>
    337 
    338 <p>A second approach, characteristically depicted by the language COBOL
     343document the major data structures the program manipulates.</para>
     344
     345<para>A second approach, characteristically depicted by the language COBOL
    339346(which stood for "Common Business-Oriented Language"), was to make the
    340347program itself look like a set of natural language directions, written
     
    356363structures and the larger operational context of the program were not
    357364rendered unnecessary by the wordiness of the language in which the
    358 details of execution were specified.</p>
    359 
    360 <p>Accordingly, language designers by the late 1960s began
     365details of execution were specified.</para>
     366
     367<para>Accordingly, language designers by the late 1960s began
    361368experimenting with forms of expression in which the blending of
    362369operational details and non-functional information necessary for
     
    376383the expression of stepwise processes. Commentary would be not only
    377384unnecessary but distracting, just as the metaphors used to convey
    378 mathematical concepts in English do more to confuse than to enlighten.</p>
    379 
    380 <p></p><h3>How We Created the Microbrain Mess</h3><p></p>
    381 
    382 <p>Thus the history of programming languages directly reflected the
     385mathematical concepts in English do more to confuse than to enlighten.</para>
     386
     387<para></para><h3>How We Created the Microbrain Mess</h3><para></para>
     388
     389<para>Thus the history of programming languages directly reflected the
    383390need to find forms of human-machine communication that were also
    384391effective in conveying complex ideas to human readers. "Expressivity"
    385392became a property of programming languages, not because it facilitated
    386393computation, but because it facilitated the collaborative creation and
    387 maintenance of increasingly complex software systems.</p>
    388 
    389 <p>At first impression, this seems to justify the application of
     394maintenance of increasingly complex software systems.</para>
     395
     396<para>At first impression, this seems to justify the application of
    390397traditional copyright thinking to the resulting works. Though
    391398substantially involving "functional" elements, computer programs
     
    395402containing both the machine instructions necessary for functional
    396403operation and the expressive "commentary" intended for human readers,
    397 was an appropriate candidate for copyright treatment.</p>
    398 
    399 <p>True, so long as it is understood that the expressive component of
     404was an appropriate candidate for copyright treatment.</para>
     405
     406<para>True, so long as it is understood that the expressive component of
    400407software was present solely in order to facilitate the making of
    401408"derivative works." Were it not for the intention to facilitate
     
    403410supererogatory, and source code would be no more copyrightable than
    404411object code, the output of the language processor, purged of all but
    405 the program's functional characteristics.</p>
    406 
    407 <p>The state of the computer industry throughout the 1960's and 1970's,
     412the program's functional characteristics.</para>
     413
     414<para>The state of the computer industry throughout the 1960's and 1970's,
    408415when the grundnorms of sophisticated computer programming were
    409416established, concealed the tension implicit in this situation. In that
     
    418425the programs thus distributed. For a dominant hardware manufacturer,
    419426this strategy made sense: better programs sold more computers, which is
    420 where the profitability of the business rested.</p>
    421 
    422 <p>Computers, in this period, tended to aggregate within particular
     427where the profitability of the business rested.</para>
     428
     429<para>Computers, in this period, tended to aggregate within particular
    423430organizations, but not to communicate broadly with one another. The
    424431software needed to operate was distributed not through a network, but
     
    442449rights (in an image beloved of the United States Supreme Court), was
    443450practically unimportant, or even undesirable, at the heart of the
    444 software business [<a href="#note14">14</a>].</p>
    445 
    446 <p>After 1980, everything was different. The world of mainframe
     451software business [<a href="#note14">14</a>].</para>
     452
     453<para>After 1980, everything was different. The world of mainframe
    447454hardware gave way within ten years to the world of the commodity PC.
    448455And, as a contingency of the industry's development, the single most
     
    456463right to exclude others from participation in the product's formation
    457464became profoundly important. Microsoft's power in the market rested
    458 entirely on its ownership of the Windows source code.</p>
    459 
    460 <p>To Microsoft, others' making of "derivative works," otherwise known
     465entirely on its ownership of the Windows source code.</para>
     466
     467<para>To Microsoft, others' making of "derivative works," otherwise known
    461468as repairs and improvements, threatened the central asset of the
    462469business. Indeed, as subsequent judicial proceedings have tended to
     
    466473maintenance of control over the basic operation of computers
    467474manufactured, sold, possessed, and used by others represented profound
    468 and profitable leverage over the development of the culture [<a href="#note15">15</a>]; the right to exclude returned to center stage in the concept of software as property.</p>
    469 
    470 <p>The result, so far as the quality of software was concerned, was
     475and profitable leverage over the development of the culture [<a href="#note15">15</a>]; the right to exclude returned to center stage in the concept of software as property.</para>
     476
     477<para>The result, so far as the quality of software was concerned, was
    471478disastrous. The monopoly was a wealthy and powerful corporation that
    472479employed a large number of programmers, but it could not possibly
     
    479486doubt" (known within Microsoft as "FUD") to drive sophisticated users
    480487away from potential competitors, whose long-term survivability in the
    481 face of Microsoft's market power was always in question.</p>
    482 
    483 <p>Without the constant interaction between users able to repair and
     488face of Microsoft's market power was always in question.</para>
     489
     490<para>Without the constant interaction between users able to repair and
    484491improve and the operating system's manufacturer, the inevitable
    485492deterioration of quality could not be arrested. But because the
     
    501508without crashing. Although it was frustrating to lose work in progress
    502509each time an unnecessary failure occurred, the evident fallibility of
    503 computers was intrinsically reassuring [<a href="#note16">16</a>].</p>
    504 
    505 <p>None of this was necessary. The low quality of personal computer
     510computers was intrinsically reassuring [<a href="#note16">16</a>].</para>
     511
     512<para>None of this was necessary. The low quality of personal computer
    506513software could have been reversed by including users directly in the
    507514inherently evolutionary process of software design and implementation.
     
    514521general and as it applies to software in particular, biases the world
    515522towards creationism; in this instance, the problem is that BillG the
    516 Creator was far from infallible, and in fact he wasn't even trying.</p>
     523Creator was far from infallible, and in fact he wasn't even trying.</para>
    517524<center><img src="anarchism_files/mog2.gif" hspace="0" vspace="0"></center>
    518 <p>To make the irony more severe, the growth of the network rendered
     525<para>To make the irony more severe, the growth of the network rendered
    519526the non-propertarian alternative even more practical. What scholarly
    520527and popular writing alike denominate as a thing ("the Internet") is
     
    524531networks eliminated the bottleneck that had required a centralized
    525532software manufacturer to rationalize and distribute the outcome of
    526 individual innovation in the era of the mainframe.</p>
    527 
    528 <p>And so, in one of history's little ironies, the global triumph of
     533individual innovation in the era of the mainframe.</para>
     534
     535<para>And so, in one of history's little ironies, the global triumph of
    529536bad software in the age of the PC was reversed by a surprising
    530537combination of forces: the social transformation initiated by the
    531538network, a long-discarded European theory of political economy, and a
    532539small band of programmers throughout the world mobilized by a single
    533 simple idea.</p>
    534 
    535 <p></p><h3>Software Wants to Be Free; or, How We Stopped Worrying and Learned to Love the Bomb</h3>
    536 
    537 <p>Long before the network of networks was a practical reality, even
     540simple idea.</para>
     541
     542<para></para><h3>Software Wants to Be Free; or, How We Stopped Worrying and Learned to Love the Bomb</h3>
     543
     544<para>Long before the network of networks was a practical reality, even
    538545before it was an aspiration, there was a desire for computers to
    539546operate on the basis of software freely available to everyone. This
    540547began as a reaction against propertarian software in the mainframe era,
    541 and requires another brief historical digression.</p>
    542 
    543 <p>Even though IBM was the largest seller of general purpose computers
     548and requires another brief historical digression.</para>
     549
     550<para>Even though IBM was the largest seller of general purpose computers
    544551in the mainframe era, it was not the largest designer and builder of
    545552such hardware. The telephone monopoly, American Telephone &amp;
     
    547554internally. And at the famous Bell Labs research arm of the telephone
    548555monopoly, in the late 1960's, the developments in computer languages
    549 previously described gave birth to an operating system called Unix.</p>
    550 
    551 <p>The idea of Unix was to create a single, scalable operating system
     556previously described gave birth to an operating system called Unix.</para>
     557
     558<para>The idea of Unix was to create a single, scalable operating system
    552559to exist on all the computers, from small to large, that the telephone
    553560monopoly made for itself. To achieve this goal meant writing an
     
    560567system written in that language had been transferred (or "ported," in
    561568professional jargon) to computers made by many manufacturers and of
    562 many designs.</p>
    563 
    564 <p>AT&amp;T distributed Unix widely, and because of the very design of
     569many designs.</para>
     570
     571<para>AT&amp;T distributed Unix widely, and because of the very design of
    565572the
    566573operating system, it had to make that distribution in C source code.
     
    573580than episodic fashion. And as programmers throughout the world began to
    574581aspire to and even expect a personal computer revolution, the "unfree"
    575 status of Unix became a source of concern.</p>
    576 
    577 <p>Between 1981 and 1984, one man envisioned a crusade to change the
     582status of Unix became a source of concern.</para>
     583
     584<para>Between 1981 and 1984, one man envisioned a crusade to change the
    578585situation. Richard M. Stallman, then an employee of MIT's Artificial
    579586Intelligence Laboratory, conceived the project of independent,
     
    594601work without modification on existing Unix systems. Development of the
    595602GNU tools could thus proceed directly in the environment of university
    596 and other advanced computing centers around the world.</p>
    597 
    598 <p>The scale of such a project was immense. Somehow, volunteer
     603and other advanced computing centers around the world.</para>
     604
     605<para>The scale of such a project was immense. Somehow, volunteer
    599606programmers had to be found, organized, and set to work building all
    600607the tools that would be necessary for the ultimate construction.
     
    610617goals for, the evolving process. The award to Stallman of a MacArthur
    611618Fellowship in 1990 was an appropriate recognition of his conceptual
    612 and technical innovations and their social consequences.</p>
    613 
    614 <p>Project GNU, and the Free Software Foundation to which it gave birth
     619and technical innovations and their social consequences.</para>
     620
     621<para>Project GNU, and the Free Software Foundation to which it gave birth
    615622in 1985, were not the only source of free software ideas. Several forms
    616623of copyright license designed to foster free or partially free software
     
    631638undergraduate computer science student at the University of Helsinki,
    632639Linus Torvalds, began the project that completed the circuit and fully
    633 energized the free software vision.</p>
    634 
    635 <p>What Torvalds did was to begin adapting a computer science teaching tool for real life use. Andrew Tannenbaum's MINIX kernel [<a href="#note19">19</a>],
     640energized the free software vision.</para>
     641
     642<para>What Torvalds did was to begin adapting a computer science teaching tool for real life use. Andrew Tannenbaum's MINIX kernel [<a href="#note19">19</a>],
    636643was a staple of Operating Systems courses, providing an example of
    637644basic solutions to basic problems. Slowly, and at first without
     
    642649the best way to make his project work would be to adjust his design
    643650decisions so that the existing GNU components would be compatible with
    644 his kernel.</p>
    645 
    646 <p>The result of Torvalds' work was the release on the net in 1991 of a
     651his kernel.</para>
     652
     653<para>The result of Torvalds' work was the release on the net in 1991 of a
    647654sketchy working model of a free software kernel for a Unix-like
    648655operating system for PCs, fully compatible with and designed
     
    664671in a development project ultimately involving more than one million
    665672lines of computer code - a scale of collaboration among geographically
    666 dispersed unpaid volunteers previously unimaginable in human history [<a href="#note20">20</a>].</p>
    667 
    668 <p>By 1994, Linux had reached version 1.0, representing a usable
     673dispersed unpaid volunteers previously unimaginable in human history [<a href="#note20">20</a>].</para>
     674
     675<para>By 1994, Linux had reached version 1.0, representing a usable
    669676production kernel. Level 2.0 was reached in 1996, and by 1998, with the
    670677kernel at 2.2.0 and available not only for x86 machines but for a
     
    688695proprietary Unix versions for PCs in benchmarks, but is renowned for
    689696its ability to run, undisturbed and uncomplaining, for months on end in
    690 high-volume high-stress environments without crashing.</p>
    691 
    692 <p>Other components of the free software movement have been equally
     697high-volume high-stress environments without crashing.</para>
     698
     699<para>Other components of the free software movement have been equally
    693700successful. Apache, far and away the world's leading Web server
    694701program, is free software, as is Perl, the programming language which
     
    711718meaningful
    712719commercial competition, but when it came to making good software,
    713 anarchism won.</p>
    714 
    715 <p><img src="anarchism_files/quad.gif"></p><a name="m3"></a>
    716 
    717 <p></p><h2>III. Anarchism as a Mode of Production</h2><p></p>
     720anarchism won.</para>
     721
     722<para><img src="anarchism_files/quad.gif"></para><a name="m3"></a>
     723
     724<para></para><h2>III. Anarchism as a Mode of Production</h2><para></para>
    718725 
    719 <p>It's a pretty story, and if only the IPdroid and the econodwarf
     726<para>It's a pretty story, and if only the IPdroid and the econodwarf
    720727hadn't been blinded by theory, they'd have seen it coming. But though
    721728some of us had been working for it and predicting it for years, the
     
    727734did more. They provided an initial glimpse into the future of human
    728735creativity in a world of global interconnection, and it's not a world
    729 made for dwarves and droids.</p>
    730 
    731 <p>My argument, before we paused for refreshment in the real world, can
     736made for dwarves and droids.</para>
     737
     738<para>My argument, before we paused for refreshment in the real world, can
    732739be summarized this way: Software - whether executable programs, music,
    733740visual art, liturgy, weaponry, or what have you - consists of
     
    753760regimes not only do not make things better, they can make things
    754761radically worse. Property concepts, whatever else may be wrong with
    755 them, do not enable and have in fact retarded progress.</p>
    756 
    757 <p>
     762them, do not enable and have in fact retarded progress.</para>
     763
     764<para>
    758765But what is this mysterious alternative? Free software exists, but what
    759766are its mechanisms, and how does it generalize towards a
    760 non-propertarian theory of the digital society?</p>
    761 
    762 <p></p><h3>The Legal Theory of Free Software</h3>
    763 
    764 <p>There is a myth, like most myths partially founded on reality, that
     767non-propertarian theory of the digital society?</para>
     768
     769<para></para><h3>The Legal Theory of Free Software</h3>
     770
     771<para>There is a myth, like most myths partially founded on reality, that
    765772computer programmers are all libertarians. Right-wing ones are
    766773capitalists, cleave to their stock options, and disdain taxes, unions,
     
    772779inside the digirati and outside it is that in the network society,
    773780anarchism (or more properly, anti-possessive individualism) is a viable
    774 political philosophy.</p>
    775 
    776 <p>The center of the free software movement's success, and the greatest
     781political philosophy.</para>
     782
     783<para>The center of the free software movement's success, and the greatest
    777784achievement of Richard Stallman, is not a piece of computer code. The
    778785success of free software, including the overwhelming success of
     
    782789which the labor is mobilized. As a visionary designer Richard Stallman
    783790created more than Emacs, GDB, or GNU. He created the
    784 General Public License.</p>
     791General Public License.</para>
    785792<center><img src="anarchism_files/mog3.gif" hspace="0" vspace="0"></center>
    786 <p>The GPL,[<a href="#note24">24</a>] also known as the copyleft, uses
     793<para>The GPL,[<a href="#note24">24</a>] also known as the copyleft, uses
    787794copyright, to paraphrase Toby Milsom, to counterfeit the phenomena of
    788 anarchism. As the license preamble expresses it:</p>
    789 
    790 <p></p><blockquote>When we speak of free software, we are referring to
     795anarchism. As the license preamble expresses it:</para>
     796
     797<para></para><blockquote>When we speak of free software, we are referring to
    791798freedom, not
    792799price. Our General Public Licenses are designed to make sure that you
     
    794801this service if you wish), that you receive source code or can get it
    795802if you want it, that you can change the software or use pieces of it in
    796 new free programs; and that you know you can do these things.</blockquote><p></p>
    797 
    798 <p></p><blockquote>To protect your rights, we need to make restrictions
     803new free programs; and that you know you can do these things.</blockquote><para></para>
     804
     805<para></para><blockquote>To protect your rights, we need to make restrictions
    799806that forbid
    800807anyone to deny you these rights or to ask you to surrender the rights.
    801808These restrictions translate to certain responsibilities for you if you
    802 distribute copies of the software, or if you modify it.</blockquote><p></p>
    803 
    804 <p></p><blockquote>For example, if you distribute copies of such a
     809distribute copies of the software, or if you modify it.</blockquote><para></para>
     810
     811<para></para><blockquote>For example, if you distribute copies of such a
    805812program, whether
    806813gratis or for a fee, you must give the recipients all the rights that
    807814you have. You must make sure that they, too, receive or can get the
    808815source code. And you must show them these terms so they know their
    809 rights.</blockquote><p></p>
    810 
    811 <p>Many variants of this basic free software idea have been expressed
     816rights.</blockquote><para></para>
     817
     818<para>Many variants of this basic free software idea have been expressed
    812819in licenses of various kinds, as I have already indicated. The GPL is
    813820different from the other ways of expressing these values in one crucial
    814 respect. Section 2 of the license provides in pertinent part:</p>
    815 
    816 <p></p><blockquote>You may modify your copy or copies of the Program or
     821respect. Section 2 of the license provides in pertinent part:</para>
     822
     823<para></para><blockquote>You may modify your copy or copies of the Program or
    817824any portion of it, thus forming a work based on the Program, and copy
    818825and distribute such modifications or work ..., provided that you also
    819 meet all of these conditions: </blockquote><p></p>
    820 
    821 <p></p><blockquote>...</blockquote><p></p>
    822 
    823 <p></p><blockquote>b) You must cause any work that you distribute or
     826meet all of these conditions: </blockquote><para></para>
     827
     828<para></para><blockquote>...</blockquote><para></para>
     829
     830<para></para><blockquote>b) You must cause any work that you distribute or
    824831publish, that in whole or in part contains or is derived from the
    825832Program or any part thereof, to be licensed as a whole at no charge to
    826 all third parties under the terms of this License.</blockquote><p></p>
    827 
    828 <p>Section 2(b) of the GPL is sometimes called "restrictive," but its
     833all third parties under the terms of this License.</blockquote><para></para>
     834
     835<para>Section 2(b) of the GPL is sometimes called "restrictive," but its
    829836intention is liberating. It creates a commons, to which anyone may add
    830837but from which no one may subtract. Because of §2(b), each contributor
     
    840847proprietary software businesses. For confirmation of this point, one
    841848can do no better than to ask the proprietary competitors. As the author
    842 of the Microsoft "Halloween" memorandum, Vinod Vallopillil, put it:</p>
    843 
    844 <p></p><blockquote>The GPL and its aversion to code forking reassures
     849of the Microsoft "Halloween" memorandum, Vinod Vallopillil, put it:</para>
     850
     851<para></para><blockquote>The GPL and its aversion to code forking reassures
    845852customers that they aren't riding an evolutionary `dead-end' by
    846 subscribing to a particular commercial version of Linux.</blockquote><p></p>
    847 
    848 <p></p><blockquote>The "evolutionary dead-end" is the core of the software FUD
    849 argument [<a href="#note25">25</a>].</blockquote><p></p>
    850 
    851 <p>Translated out of Microspeak, this means that the strategy by which
     853subscribing to a particular commercial version of Linux.</blockquote><para></para>
     854
     855<para></para><blockquote>The "evolutionary dead-end" is the core of the software FUD
     856argument [<a href="#note25">25</a>].</blockquote><para></para>
     857
     858<para>Translated out of Microspeak, this means that the strategy by which
    852859the dominant proprietary manufacturer drives customers away from
    853860competitors - by sowing fear, uncertainty and doubt about other
     
    858865either the disappearance of their supplier or that someone will use a
    859866particularly attractive improvement or a desperately necessary repair
    860 as leverage for "taking the program private."</p>
    861 
    862 <p>This use of intellectual property rules to create a commons in
     867as leverage for "taking the program private."</para>
     868
     869<para>This use of intellectual property rules to create a commons in
    863870cyberspace is the central institutional structure enabling the
    864871anarchist triumph. Ensuring free access and enabling modification at
     
    869876predecessors. Because defection is impossible, free riders are welcome,
    870877which resolves one of the central puzzles of collective action in a
    871 propertarian social system.</p>
    872 
    873 <p>Non-propertarian production is also directly responsible for the
     878propertarian social system.</para>
     879
     880<para>Non-propertarian production is also directly responsible for the
    874881famous stability and reliability of free software, which arises from
    875882what Eric Raymond calls "Linus' law": With enough eyeballs, all bugs
    876883are shallow. In practical terms, access to source code means that if I
    877884have a problem I can fix it. Because I can fix it, I almost never have
    878 to, because someone else has almost always seen it and fixed it first.</p>
    879 
    880 <p>For the free software community, commitment to anarchist production
     885to, because someone else has almost always seen it and fixed it first.</para>
     886
     887<para>For the free software community, commitment to anarchist production
    881888may be a moral imperative; as Richard Stallman wrote, it's about
    882889freedom, not about price. Or it may be a matter of utility, seeking to
     
    903910system, the anarchist counter-strike has begun. Worse is yet to befall
    904911the droids, as we shall see. But first, we must pay our final devoirs
    905 to the dwarves.</p>
    906 
    907 <p></p><h3>Because It's There: Faraday's Magnet and Human Creativity</h3><p></p>
    908 
    909 <p>After all, they deserve an answer. Why do people make free software
     912to the dwarves.</para>
     913
     914<para></para><h3>Because It's There: Faraday's Magnet and Human Creativity</h3><para></para>
     915
     916<para>After all, they deserve an answer. Why do people make free software
    910917if they don't get to profit? Two answers have usually been given. One
    911918is half-right and the other is wrong, but both are insufficiently
    912 simple.</p>
    913 
    914 <p>The wrong answer is embedded in numerous references to "the hacker
     919simple.</para>
     920
     921<para>The wrong answer is embedded in numerous references to "the hacker
    915922gift-exchange culture." This use of ethnographic jargon wandered into
    916923the field some years ago and became rapidly, if misleadingly,
     
    927934contributed to GNU/Linux, this is orders of magnitude less than the
    928935number of users who make no contribution
    929 whatever [<a href="#note27">27</a>].</p>
    930 
    931 <p>A part of the right answer is suggested by the claim that free
     936whatever [<a href="#note27">27</a>].</para>
     937
     938<para>A part of the right answer is suggested by the claim that free
    932939software is made by those who seek reputational compensation for their
    933940activity. Famous Linux hackers, the theory is, are known all over the
     
    953960employable in the field, they must already have established themselves
    954961there. Plainly, then, this motive is present, but it isn't the whole
    955 explanation.</p>
    956 
    957 <p>Indeed, the rest of the answer is just too simple to have received
     962explanation.</para>
     963
     964<para>Indeed, the rest of the answer is just too simple to have received
    958965its due. The best way to understand is to follow the brief and
    959966otherwise unsung career of an initially-grudging free software author.
     
    965972DHCP protocol for assignment of dynamic IP addresses. The result was
    966973important enough for us to risk another prolonged exposure to the
    967 Microsoft Writing Style:</p>
    968 
    969 <p></p><blockquote>A small number of Web sites and FAQs later, I found
     974Microsoft Writing Style:</para>
     975
     976<para></para><blockquote>A small number of Web sites and FAQs later, I found
    970977an FTP site with a Linux DHCP client. The DHCP client was developed by
    971978an engineer employed by Fore Systems (as evidenced by his e-mail
    972979address; I believe, however, that it was developed in his own free
    973980time). A second set of documentation/manuals was written for the DHCP
    974 client by a hacker in <i>Hungary</i> which provided relatively simple instructions on how to install/load the client.</blockquote><p></p>
    975 
    976 <p></p><blockquote>I downloaded &amp; uncompressed the client and typed two
    977 simple commands:</blockquote><p></p>
    978 
    979 <p></p><blockquote>Make - compiles the client binaries</blockquote><p></p>
    980 
    981 <p></p><blockquote>Make Install -installed the binaries as a Linux Daemon</blockquote><p></p>
    982 
    983 <p></p><blockquote>Typing "DHCPCD" (for DHCP Client Daemon) on the
     981client by a hacker in <i>Hungary</i> which provided relatively simple instructions on how to install/load the client.</blockquote><para></para>
     982
     983<para></para><blockquote>I downloaded &amp; uncompressed the client and typed two
     984simple commands:</blockquote><para></para>
     985
     986<para></para><blockquote>Make - compiles the client binaries</blockquote><para></para>
     987
     988<para></para><blockquote>Make Install -installed the binaries as a Linux Daemon</blockquote><para></para>
     989
     990<para></para><blockquote>Typing "DHCPCD" (for DHCP Client Daemon) on the
    984991command line triggered the DHCP discovery process and voila, I had IP
    985992networking running.
    986 </blockquote><p></p>
    987 
    988 <p></p><blockquote>Since I had just downloaded the DHCP client code, on
     993</blockquote><para></para>
     994
     995<para></para><blockquote>Since I had just downloaded the DHCP client code, on
    989996an impulse I played around a bit. Although the client wasn't as
    990997extensible as the DHCP client we are shipping in NT5 (for example, it
    991998won't query for arbitrary options &amp; store results), it was obvious
    992999how I could write the additional code to implement this functionality.
    993 The full client consisted of about 2,600 lines of code.</blockquote><p></p>
    994 
    995 <p></p><blockquote>One example of esoteric, extended functionality that
     1000The full client consisted of about 2,600 lines of code.</blockquote><para></para>
     1001
     1002<para></para><blockquote>One example of esoteric, extended functionality that
    9961003was clearly
    9971004patched in by a third party was a set of routines to that would pad the
    9981005DHCP request with host-specific strings required by Cable Modem / ADSL
    999 sites.</blockquote><p></p>
    1000 
    1001 <p></p><blockquote>A few other steps were required to configure the
     1006sites.</blockquote><para></para>
     1007
     1008<para></para><blockquote>A few other steps were required to configure the
    10021009DHCP client to
    10031010auto-start and auto-configure my Ethernet interface on boot but these
    10041011were documented in the client code and in the DHCP documentation from
    1005 the Hungarian developer.</blockquote><p></p>
    1006 
    1007 <p></p><blockquote>I'm a poorly skilled UNIX programmer but it was
     1012the Hungarian developer.</blockquote><para></para>
     1013
     1014<para></para><blockquote>I'm a poorly skilled UNIX programmer but it was
    10081015immediately obvious to me how to incrementally extend the DHCP client
    1009 code (the feeling was exhilarating and addictive).</blockquote><p></p>
    1010 
    1011 <p></p><blockquote>Additionally, due directly to GPL + having the full
     1016code (the feeling was exhilarating and addictive).</blockquote><para></para>
     1017
     1018<para></para><blockquote>Additionally, due directly to GPL + having the full
    10121019development
    10131020environment in front of me, I was in a position where I could write up
     
    10151022how things like this would get done in NT). Engaging in that process
    10161023would have prepared me for a larger, more ambitious Linux project in
    1017 the future [<a href="#note29">29</a>].</blockquote><p></p>
    1018 
    1019 <p>"The feeling was exhilarating and addictive." Stop the presses:
     1024the future [<a href="#note29">29</a>].</blockquote><para></para>
     1025
     1026<para>"The feeling was exhilarating and addictive." Stop the presses:
    10201027Microsoft experimentally verifies Moglen's Metaphorical Corollary to
    10211028Faraday's Law. Wrap the Internet around every brain on the planet and
     
    10261033achievable in his day job working for the Greatest Programming Company
    10271034on Earth. If only he had e-mailed that first addictive fix, who knows
    1028 where he'd be now?</p><p>
    1029 
    1030 </p><p>So, in the end, my dwarvish friends, it's just a human thing.
     1035where he'd be now?</para><para>
     1036
     1037</para><para>So, in the end, my dwarvish friends, it's just a human thing.
    10311038Rather like why Figaro sings, why Mozart wrote the music for him to
    10321039sing to, and why we all make up new words: Because we can. Homo ludens,
     
    10351042and previously undreamed-of ways. Unless we allow "ownership" to
    10361043interfere. Repeat after me, ye dwarves and men: Resist
    1037 the resistance!</p>
    1038 
    1039 <p><img src="anarchism_files/quad.gif"></p><a name="m4"></a>
    1040 
    1041 <p></p><h2>IV. Their Lordships Die in the Dark?</h2><p></p>
    1042 
    1043 <p>For the IPdroid, fresh off the plane from a week at Bellagio paid for by Dreamworks SKG, it's enough to cause indigestion.</p>
    1044 
    1045 <p>Unlock the possibilities of human creativity by connecting everyone
     1044the resistance!</para>
     1045
     1046<para><img src="anarchism_files/quad.gif"></para><a name="m4"></a>
     1047
     1048<para></para><h2>IV. Their Lordships Die in the Dark?</h2><para></para>
     1049
     1050<para>For the IPdroid, fresh off the plane from a week at Bellagio paid for by Dreamworks SKG, it's enough to cause indigestion.</para>
     1051
     1052<para>Unlock the possibilities of human creativity by connecting everyone
    10461053to
    10471054everyone else? Get the ownership system out of the way so that we can
     
    10511058imminent copulation carefully devised to heighten the young male
    10521059eyeball's interest in a beer commercial? What will become of
    1053 civilization? Or at least of copyright teachers?</p>
    1054 
    1055 <p>But perhaps this is premature. I've only been talking about
     1060civilization? Or at least of copyright teachers?</para>
     1061
     1062<para>But perhaps this is premature. I've only been talking about
    10561063software. Real software, the old kind, that runs computers. Not like
    10571064the software that runs DVD players, or the kind made by the Grateful
     
    10621069former Deadhead? I wonder if he'll vote to extend corporate authorship
    10631070terms to 125 years, so that Disney doesn't lose The Mouse in 2004. And
    1064 those DVD players - they're computers, aren't they?"</p>
    1065 
    1066 <p>In the digital society, it's all connected. We can't depend for the
     1071those DVD players - they're computers, aren't they?"</para>
     1072
     1073<para>In the digital society, it's all connected. We can't depend for the
    10671074long run on distinguishing one bitstream from another in order to
    10681075figure out which rules apply. What happened to software is already
     
    10831090And music doesn't sound worse when distributed for free, pay what you
    10841091want directly to the artist, and don't pay anything if you don't want
    1085 to. Give it to your friends; they might like it.</p>
    1086 
    1087 <p>
     1092to. Give it to your friends; they might like it.</para>
     1093
     1094<para>
    10881095What happened to music is also happening to news. The wire services, as
    10891096any U.S. law student learns even before taking the near-obligatory
     
    11031110they have to limit themselves to ninety seconds a story, or the eyeball
    11041111hunters will go somewhere else. So who makes better news, the
    1105 propertarians or the anarchists? We shall soon see.</p>
    1106 
    1107 <p>Oscar Wilde says somewhere that the problem with socialism is that
     1112propertarians or the anarchists? We shall soon see.</para>
     1113
     1114<para>Oscar Wilde says somewhere that the problem with socialism is that
    11081115it takes up too many evenings. The problems with anarchism as a social
    11091116system are also about transaction costs. But the digital revolution
     
    11191126existing power relations. Think not? Ask the Chinese Communist Party.
    11201127Or wait 25 years and see if you can find them for purposes of making
    1121 the inquiry.</p>
    1122 
    1123 <p>In this context, the obsolescence of the IPdroid is neither
     1128the inquiry.</para>
     1129
     1130<para>In this context, the obsolescence of the IPdroid is neither
    11241131unforseeable nor tragic. Indeed it may find itself clanking off into
    11251132the desert, still lucidly explaining to an imaginary room the
     
    11461153Aristocracy looks hard to beat, but that's how it looked in 1788 and
    114711541913 too. It is, as Chou En-Lai said about the meaning of the French
    1148 Revolution, too soon to tell.</p> <p>
    1149 
    1150 </p><p></p><h2>About the Author</h2><p></p>
    1151 
    1152 <p>Eben Moglen is Professor of Law &amp; Legal History, Columbia Law School.<br>
    1153 E-mail: <a href="mailto:moglen@columbia.edu">Mail: moglen@columbia.edu</a></p>
    1154 
    1155 <p></p><h2>Acknowledgments</h2><p></p>
    1156 
    1157 <p>This paper was prepared for delivery at the Buchmann International
     1155Revolution, too soon to tell.</para> <para>
     1156
     1157</para><para></para><h2>About the Author</h2><para></para>
     1158
     1159<para>Eben Moglen is Professor of Law &amp; Legal History, Columbia Law School.<br>
     1160E-mail: <a href="mailto:moglen@columbia.edu">Mail: moglen@columbia.edu</a></para>
     1161
     1162<para></para><h2>Acknowledgments</h2><para></para>
     1163
     1164<para>This paper was prepared for delivery at the Buchmann International
    11581165Conference on Law, Technology and Information, at Tel Aviv University,
    11591166May 1999; my thanks to the organizers for their kind invitation. I owe
     
    11611168especially wish to
    11621169thank the programmers throughout the world who made free software
    1163 possible.</p>
     1170possible.</para>
    11641171 
    1165 <p></p><h2>Notes</h2><p></p>
    1166 
    1167 <p><a name="note1"></a>1. The distinction was only approximate in its
     1172<para></para><h2>Notes</h2><para></para>
     1173
     1174<para><a name="note1"></a>1. The distinction was only approximate in its
    11681175original context. By the late 1960's certain portions of the basic
    11691176operation of hardware were controlled by programs digitally encoded in
     
    11811188impotently and resentfully - do. This "firming of software" is a
    11821189primary condition of the propertarian approach to the legal
    1183 organization of digital society, which is the subject of this paper.</p>
    1184 
    1185 <p><a name="note2"></a>2. Within the present generation, the very
     1190organization of digital society, which is the subject of this paper.</para>
     1191
     1192<para><a name="note2"></a>2. Within the present generation, the very
    11861193conception of social "development" is shifting away from possession of
    11871194heavy industry based on the internal-combustion engine to
    11881195"post-industry" based on digital communications and the related
    1189 "knowledge-based" forms of economic activity.</p>
    1190 
    1191 <p><a name="note3"></a>3. Actually, a moment's thought will reveal, our
     1196"knowledge-based" forms of economic activity.</para>
     1197
     1198<para><a name="note3"></a>3. Actually, a moment's thought will reveal, our
    11921199genes are firmware. Evolution made the transition from analog to
    11931200digital before the fossil record begins. But we haven't possessed the
     
    11961203while I don't discuss the issue further in this paper, the political
    11971204consequences of unfreedom of software in this context are even more
    1198 disturbing than they are with respect to cultural artifacts.</p>
    1199 
    1200 <p><a name="note4"></a>4. <i>See, e.g.,</i> J. M. Balkin, 1998. <i>Cultural Software: a Theory of Ideology.</i> New Haven: Yale University Press.</p>
    1201 
    1202 <p><a name="note5"></a>5. <i>See</i> Henry Sumner Maine, 1861. <i>Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Idea.</i> First edition. London: J. Murray.</p>
    1203 
    1204 <p><a name="note6"></a>6. In general I dislike the intrusion of
     1205disturbing than they are with respect to cultural artifacts.</para>
     1206
     1207<para><a name="note4"></a>4. <i>See, e.g.,</i> J. M. Balkin, 1998. <i>Cultural Software: a Theory of Ideology.</i> New Haven: Yale University Press.</para>
     1208
     1209<para><a name="note5"></a>5. <i>See</i> Henry Sumner Maine, 1861. <i>Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Idea.</i> First edition. London: J. Murray.</para>
     1210
     1211<para><a name="note6"></a>6. In general I dislike the intrusion of
    12051212autobiography into scholarship. But because it is here my sad duty and
    12061213great pleasure to challenge the qualifications or <i>bona fides</i> of
     
    12231230movement this paper describes, my primary activities on its behalf have
    12241231been legal: I have served for the past five years (without pay,
    1225 naturally) as general counsel of the Free Software Foundation.</p>
    1226 
    1227 <p><a name="note7"></a>7. The player, of course, has secondary inputs
     1232naturally) as general counsel of the Free Software Foundation.</para>
     1233
     1234<para><a name="note7"></a>7. The player, of course, has secondary inputs
    12281235and outputs in control channels: buttons or infrared remote control are
    1229 input, and time and track display are output.</p>
    1230 
    1231 <p><a name="note8"></a>8. This is not an insight unique to our present
     1236input, and time and track display are output.</para>
     1237
     1238<para><a name="note8"></a>8. This is not an insight unique to our present
    12321239enterprise. A closely-related idea forms one of the most important
    12331240principles in the history of Anglo-American law, perfectly put by Toby
    1234 Milsom in the following terms:</p>
    1235 
    1236 <p></p><blockquote>The life of the common law has been in the abuse of
     1241Milsom in the following terms:</para>
     1242
     1243<para></para><blockquote>The life of the common law has been in the abuse of
    12371244its elementary ideas. If the rules of property give what now seems an
    12381245unjust answer, try obligation; and equity has proved that from the
     
    12411248of contract give what now seems an unjust answer, try tort. ... If the
    12421249rules of one tort, say deceit, give what now seems an unjust answer,
    1243 try another, try negligence. And so the legal world goes round.</blockquote><p></p>
    1244 
    1245 <p>S.F.C. Milsom, 1981. <i>Historical Foundations of the Common Law.</i> Second edition. London: Butterworths, p. 6.</p>
    1246 
    1247 <p><a name="note9"></a>9. <i>See</i> Isaiah Berlin, 1953. <i>The Hedgehog and the Fox: An Essay on Tolstoy's View of History.</i> New York: Simon and Schuster.</p>
    1248 
    1249 <p><a name="note10"></a>10. <i>See</i> <a href="http://emoglen.law.columbia.edu/my_pubs/nospeech.html">The
    1250 Virtual Scholar and Network Liberation.</a></p>
    1251 
    1252 <p><a name="note11"></a>11. Some basic vocabulary is essential. Digital
     1250try another, try negligence. And so the legal world goes round.</blockquote><para></para>
     1251
     1252<para>S.F.C. Milsom, 1981. <i>Historical Foundations of the Common Law.</i> Second edition. London: Butterworths, p. 6.</para>
     1253
     1254<para><a name="note9"></a>9. <i>See</i> Isaiah Berlin, 1953. <i>The Hedgehog and the Fox: An Essay on Tolstoy's View of History.</i> New York: Simon and Schuster.</para>
     1255
     1256<para><a name="note10"></a>10. <i>See</i> <ulink url="http://emoglen.law.columbia.edu/my_pubs/nospeech.html">The
     1257Virtual Scholar and Network Liberation.</a></para>
     1258
     1259<para><a name="note11"></a>11. Some basic vocabulary is essential. Digital
    12531260computers actually execute numerical instructions: bitstrings that
    12541261contain information in the "native" language created by the machine's
     
    12621269performs static translation, so that a file containing human-readable
    12631270instructions, known as "source code" results in the generation of one
    1264 or more files of executable machine language, known as "object code."</p>
    1265 
    1266 <p><a name="note12"></a>12. This, I should say, was the path that most
     1271or more files of executable machine language, known as "object code."</para>
     1272
     1273<para><a name="note12"></a>12. This, I should say, was the path that most
    12671274of my research and development followed, largely in connection with a
    12681275language called APL ("A Programming Language") and its successors. It
    12691276was not, however, the ultimately-dominant approach, for reasons that
    1270 will be suggested below.</p>
    1271 
    1272 <p><a name="note13"></a>13. This description elides some details. By
     1277will be suggested below.</para>
     1278
     1279<para><a name="note13"></a>13. This description elides some details. By
    12731280the mid-1970's IBM had acquired meaningful competition in the mainframe
    12741281computer business, while the large-scale antitrust action brought
     
    12831290"almost free," that is, to discuss with users the changes they had
    12841291proposed or made in the programs, and to engage with them in
    1285 cooperative development of the product for the benefit of all users.</p>
    1286 
    1287 <p><a name="note14"></a>14. This description is highly compressed, and
     1292cooperative development of the product for the benefit of all users.</para>
     1293
     1294<para><a name="note14"></a>14. This description is highly compressed, and
    12881295will seem both overly simplified and unduly rosy to those who also
    12891296worked in the industry during this period of its development. Copyright
     
    12951302the world created by the PC, the Internet, and the dominance of
    12961303Microsoft, with the resulting impetus for the free software movement,
    1297 and I am here concentrating on the features that express that contrast.</p>
    1298 
    1299 <p><a name="note15"></a>15. I discuss the importance of PC software in this
    1300 context, the evolution of "the market for eyeballs" and "the sponsored life" in other chapters of my forthcoming book, <i>The Invisible Barbecue</i>, of which this essay forms a part.</p>
    1301 
    1302 <p><a name="note16"></a>16. This same pattern of ambivalence, in which
     1304and I am here concentrating on the features that express that contrast.</para>
     1305
     1306<para><a name="note15"></a>15. I discuss the importance of PC software in this
     1307context, the evolution of "the market for eyeballs" and "the sponsored life" in other chapters of my forthcoming book, <i>The Invisible Barbecue</i>, of which this essay forms a part.</para>
     1308
     1309<para><a name="note16"></a>16. This same pattern of ambivalence, in which
    13031310bad programming leading to widespread instability in the new technology
    13041311is simultaneously frightening and reassuring to technical incompetents,
    1305 can be seen also in the primarily-American phenomenon of Y2K hysteria.</p>
    1306 
    1307 <p><a name="note17"></a>17. The critical implications of this simple
     1312can be seen also in the primarily-American phenomenon of Y2K hysteria.</para>
     1313
     1314<para><a name="note17"></a>17. The critical implications of this simple
    13081315observation about our metaphors are worked out in "How Not to Think
    1309 about 'The Internet'," in <i>The Invisible Barbecue</i>, forthcoming.</p>
    1310 
    1311 <p><a name="note18"></a>18. Technical readers will again observe that this compresses developments occurring from 1969 through 1973.</p>
    1312 
    1313 <p><a name="note19"></a>19. Operating systems, even Windows (which
     1316about 'The Internet'," in <i>The Invisible Barbecue</i>, forthcoming.</para>
     1317
     1318<para><a name="note18"></a>18. Technical readers will again observe that this compresses developments occurring from 1969 through 1973.</para>
     1319
     1320<para><a name="note19"></a>19. Operating systems, even Windows (which
    13141321hides the fact from its users as thoroughly as possible), are actually
    13151322collections of
     
    13211328Once the operating system is written in a general language such as C,
    13221329only that inner core, known in the trade as the kernel, will be highly
    1323 specific to a particular computer architecture.</p>
    1324 
    1325 <p><a name="note20"></a>20. A careful and creative analysis of how
     1330specific to a particular computer architecture.</para>
     1331
     1332<para><a name="note20"></a>20. A careful and creative analysis of how
    13261333Torvalds made this process work, and what it implies for the social
    13271334practices of creating software, was provided by Eric S. Raymond in his
    1328 seminal 1997 paper, <a href="http://firstmonday.org/issues/issue3_3/raymond/index.html">The Cathedral and the Bazaar,</a> which itself played a significant role in the expansion of the free software idea.</p>
    1329 
    1330 <p><a name="note21"></a>21. This is a quotation from what is known in
     1335seminal 1997 paper, <ulink url="http://firstmonday.org/issues/issue3_3/raymond/index.html">The Cathedral and the Bazaar,</a> which itself played a significant role in the expansion of the free software idea.</para>
     1336
     1337<para><a name="note21"></a>21. This is a quotation from what is known in
    13311338the trade as the "Halloween memo," which can be found, as annotated by
    1332 Eric Raymond, to whom it was leaked, at <a href="http://www.opensource.org/halloween/halloween1.html">http://www.opensource.org/halloween/halloween1.html</a>.</p>
    1333 
    1334 <p><a name="note22"></a>22. As recently as early 1994 a talented and
     1339Eric Raymond, to whom it was leaked, at <ulink url="http://www.opensource.org/halloween/halloween1.html">http://www.opensource.org/halloween/halloween1.html</a>.</para>
     1340
     1341<para><a name="note22"></a>22. As recently as early 1994 a talented and
    13351342technically competent (though Windows-using) law and economics scholar
    13361343at a major U.S. law school confidently informed me that free software
    13371344couldn't possibly exist, because no one would have any incentive to
    13381345make really sophisticated programs requiring substantial investment of
    1339 effort only to give them away.</p>
    1340 
    1341 <p><a name="note23"></a>23. This question too deserves special
     1346effort only to give them away.</para>
     1347
     1348<para><a name="note23"></a>23. This question too deserves special
    13421349scrutiny, encrusted as it is with special pleading on the state-power
    1343 side. See my brief essay <a href="http://emoglen.law.columbia.edu/my_pubs/yu-encrypt.html">"<i>So Much for Savages</i>: Navajo 1, Government 0 in Final Moments of Play."</a></p>
    1344 
    1345 <p><a name="note24"></a>24. <i>See</i> <a href="http://www.fsf.org/copyleft/gpl.txt">GNU General Public License, Version 2, June 1991.</a></p>
    1346 
    1347 <p><a name="note25"></a>25. <a href="http://www.opensource.org/halloween/halloween1.html">V. Vallopillil, Open Source Software: A (New?) Development Methodology.</a></p>
    1348 
    1349 <p><a name="note26"></a>26. The looming expiration of Mickey Mouse's
     1350side. See my brief essay <ulink url="http://emoglen.law.columbia.edu/my_pubs/yu-encrypt.html">"<i>So Much for Savages</i>: Navajo 1, Government 0 in Final Moments of Play."</a></para>
     1351
     1352<para><a name="note24"></a>24. <i>See</i> <ulink url="http://www.fsf.org/copyleft/gpl.txt">GNU General Public License, Version 2, June 1991.</a></para>
     1353
     1354<para><a name="note25"></a>25. <ulink url="http://www.opensource.org/halloween/halloween1.html">V. Vallopillil, Open Source Software: A (New?) Development Methodology.</a></para>
     1355
     1356<para><a name="note26"></a>26. The looming expiration of Mickey Mouse's
    13501357ownership by Disney requires, from the point of view of that wealthy
    13511358"campaign contributor," for example, an alteration of the general
    13521359copyright law of the United States. See "Not Making it Any More?
    1353 Vaporizing the Public Domain," in <i>The Invisible Barbecue</i>, forthcoming.</p>
    1354 
    1355 <p><a name="note27"></a>27. A recent industry estimate puts the number of Linux
    1356 systems worldwide at 7.5 million. <i>See</i> Josh McHugh, 1998. <a href="http://www.forbes.com/forbes/98/0810/6203094s1.htm">"Linux: The Making of a Global Hack,"</a> <i>Forbes</i> (August 10). Because the software is freely obtainable throughout the Net, there is no simple way to assess actual usage.</p>
    1357 
    1358 <p><a name="note28"></a>28. Eric Raymond is a partisan of the "ego
     1360Vaporizing the Public Domain," in <i>The Invisible Barbecue</i>, forthcoming.</para>
     1361
     1362<para><a name="note27"></a>27. A recent industry estimate puts the number of Linux
     1363systems worldwide at 7.5 million. <i>See</i> Josh McHugh, 1998. <ulink url="http://www.forbes.com/forbes/98/0810/6203094s1.htm">"Linux: The Making of a Global Hack,"</a> <i>Forbes</i> (August 10). Because the software is freely obtainable throughout the Net, there is no simple way to assess actual usage.</para>
     1364
     1365<para><a name="note28"></a>28. Eric Raymond is a partisan of the "ego
    13591366boost" theory, to which he adds another faux-ethnographic comparison,
    1360 of free software composition to the Kwakiutl potlatch. <i>See</i> Eric S. Raymond, 1998. <a href="http://firstmonday.org/issues/issue3_10/raymond/index.html">Homesteading the Noosphere.</a>.
     1367of free software composition to the Kwakiutl potlatch. <i>See</i> Eric S. Raymond, 1998. <ulink url="http://firstmonday.org/issues/issue3_10/raymond/index.html">Homesteading the Noosphere.</a>.
    13611368But the potlatch, certainly a form of status competition, is unlike
    13621369free software for two fundamental reasons: it is essentially
     
    13671374New York: Viking, p. 75. These are precisely the grounds which
    13681375distinguish the anti-hierarchical and utilitiarian free software
    1369 culture from its propertarian counterparts.</p>
    1370 
    1371 <p><a name="note29"></a>29. Vinod Vallopillil, <a href="http://www.opensource.org/halloween/halloween2.html">Linux OS
     1376culture from its propertarian counterparts.</para>
     1377
     1378<para><a name="note29"></a>29. Vinod Vallopillil, <ulink url="http://www.opensource.org/halloween/halloween2.html">Linux OS
    13721379Competitive Analysis (Halloween
    1373 II).</a> Note Vallopillil's surprise that a program written in California had been subsequently documented by a programmer in Hungary.</p>
    1374 
    1375 <p><a name="note30"></a>30. See "They're Playing Our Song: The Day the Music
    1376 Industry Died," in <i>The Invisible Barbecue</i>, forthcoming.</p>
    1377 
    1378 <p><a name="note31"></a>31. International News Service v. Associated
     1380II).</a> Note Vallopillil's surprise that a program written in California had been subsequently documented by a programmer in Hungary.</para>
     1381
     1382<para><a name="note30"></a>30. See "They're Playing Our Song: The Day the Music
     1383Industry Died," in <i>The Invisible Barbecue</i>, forthcoming.</para>
     1384
     1385<para><a name="note31"></a>31. International News Service v. Associated
    13791386Press, 248
    13801387U.S. 215 (1918). With regard to the actual terse, purely functional
    13811388expressions of breaking news actually at stake in the jostling among
    1382 wire services, this was always a distinction only a droid could love.</p>
    1383 
    1384 <p><a name="note32"></a>32. See "No Prodigal Son: The Political Theory of Universal Interconnection," in <i>The Invisible Barbecue</i>, forthcoming.</p>
     1389wire services, this was always a distinction only a droid could love.</para>
     1390
     1391<para><a name="note32"></a>32. See "No Prodigal Son: The Political Theory of Universal Interconnection," in <i>The Invisible Barbecue</i>, forthcoming.</para>
    13851392
    13861393</blockquote>
    13871394
    1388 <p></p><hr><p>
    1389 
    1390 </p><blockquote>
    1391 
    1392 <a href="http://firstmonday.org/issues/issue4_8/index.html"><img src="anarchism_files/contents.gif" alt="Contents" align="bottom" border="0"></a>
    1393 
    1394 <a href="http://firstmonday.org/issues/index.html"><img src="anarchism_files/index.gif" alt="Index" border="0"></a>
    1395 
    1396 <p>Copyright <a href="http://firstmonday.org/copy.html">©</a> 1999, First Monday</p></blockquote>
     1395<para></para><hr><para>
     1396
     1397</para><blockquote>
     1398
     1399<ulink url="http://firstmonday.org/issues/issue4_8/index.html"><img src="anarchism_files/contents.gif" alt="Contents" align="bottom" border="0"></ulink>
     1400
     1401<ulink url="http://firstmonday.org/issues/index.html"><img src="anarchism_files/index.gif" alt="Index" border="0"></ulink>
     1402
     1403<para>Copyright <ulink url="http://firstmonday.org/copy.html">©</ulink> 1999, First Monday</para></blockquote>
    13971404
    13981405
    13991406</body></html>
     1407
     1408</article>
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