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Changeset 821

Timestamp:

Oct 3, 2006, 8:18:13 AM (19 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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: 1 edited

non-gtk/emoglen/anarchism.bg.xml (modified) (73 diffs)

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+<?xml version="1.0" standalone="no"?>
+<!DOCTYPE article PUBLIC "-//OASIS//DTD DocBook XML V4.2//EN" "http://www.oasis-open.org/docbook/xml/4.2/docbookx.dtd" [
+]>
+<article lang="bg">
 <html><head>
 <!-- base href="http://firstmonday.org/issues/issue4_8/moglen/index.html" --><title>Anarchism Triumphant</title>
 …
 </blockquote>
 <p></p>
+<para></para>
 <hr>
 <p></p>
+<para></para>
 <blockquote>
 <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>
 <p>
+<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>
+<para>
 <i>The spread of the Linux operating system kernel has directed
 attention at the free software movement. This paper shows why free
 …
 software market, is the vital first step in the withering away of the
 intellectual property system.</i>
 </p>
 <p></p><h2>Contents</h2><p></p>
 <p><a href="#m1">I. Software as Property: The Theoretical Paradox</a><br>
+</para>
+<para></para><h2>Contents</h2><para></para>
+<para><a href="#m1">I. Software as Property: The Theoretical Paradox</a><br>
 <a href="#m2">II. Software as Property: The Practical Problem</a><br>
 <a href="#m3">III. Anarchism as a Mode of Production</a><br>
 <a href="#m4">IV. Their Lordships Die in the Dark?</a><br>
 <a href="#m5">Conclusion</a></p>
 <p><img src="anarchism_files/quad.gif"></p><a name="m1"></a>
 <p></p><h2>I. Software as Property: The Theoretical Paradox</h2><p></p>
 <p>S<small>OFTWARE</small>: no other word so thoroughly connotes the
+<a href="#m5">Conclusion</a></para>
+<para><img src="anarchism_files/quad.gif"></para><a name="m1"></a>
+<para></para><h2>I. Software as Property: The Theoretical Paradox</h2><para></para>
+<para>S<small>OFTWARE</small>: no other word so thoroughly connotes the
 practical and social effects of the digital revolution. Originally, the
 term was purely technical, and denoted the parts of a computer system
 …
 "software" mostly denoted the expressions in more or less
 human-readable language that both described and controlled machine
 behavior [<a href="#note1">1</a>].</p>
 <p>That was then and this is now. Technology based on the manipulation
+behavior [<a href="#note1">1</a>].</para>
+<para>That was then and this is now. Technology based on the manipulation
 of digitally-encoded information is now socially dominant in most
 aspects of human culture in the "developed" societies [<a href="#note2">2</a>].
 …
 despite the unease raised in the technically competent when the term is
 thus bandied about, eliding the conceptual significance of its
 derivation [<a href="#note4">4</a>].</p>
 <p>But the widespread adoption of digital technology for use by those
+derivation [<a href="#note4">4</a>].</para>
+<para>But the widespread adoption of digital technology for use by those
 who do not understand the principles of its operation, while it
 apparently licenses the broad metaphoric employment of "software," does
 …
 familiar to legal theorists who haven't yet understood how to apply
 their traditional logic in this area - the trick won't work. This paper
 explains why [<a href="#note6">6</a>].</p>
 <p>We need to begin by considering the technical essence of the
+explains why [<a href="#note6">6</a>].</para>
+<para>We need to begin by considering the technical essence of the
 familiar
 devices that surround us in the era of "cultural software." A CD player
 …
 and Chorale is (to drop a few insignificant digits) 1276749873424,
 while Glenn Gould's peculiarly perverse last recording of the Goldberg
 Variations is (similarly rather truncated) 767459083268.</p>
 <p>Oddly enough, these two numbers are "copyrighted." This means,
+Variations is (similarly rather truncated) 767459083268.</para>
+<para>Oddly enough, these two numbers are "copyrighted." This means,
 supposedly, that you can't possess another copy of these numbers, once
 fixed in any physical form, unless you have licensed them. And you
 can't turn 767459083268 into 2347895697 for your friends (thus
 correcting Gould's ridiculous judgment about tempi) without making a
 "derivative work," for which a license is necessary.</p>
 <p>At the same time, a similar optical storage disk contains another
+"derivative work," for which a license is necessary.</para>
+<para>At the same time, a similar optical storage disk contains another
 number, let us call it 7537489532. This one is an algorithm for linear
 programming of large systems with multiple constraints, useful for
 …
 programming problems no matter how you came by the idea, including
 finding it out for yourself, unless you have a license from the
 number's owner.</p>
 <p>Then there's 9892454959483. This one is the source code for
+number's owner.</para>
+<para>Then there's 9892454959483. This one is the source code for
 Microsoft
 Word. In addition to being "copyrighted," this one is a trade secret.
 That means if you take this number from Microsoft and give it to anyone
 else you can be punished.</p>
 <p>Lastly, there's 588832161316. It doesn't do anything, it's just the
+else you can be punished.</para>
+<para>Lastly, there's 588832161316. It doesn't do anything, it's just the
 square of 767354. As far as I know, it isn't owned by anybody under any
 of these rubrics. Yet.</p>
 <p>At this point we must deal with our first objection from the
+of these rubrics. Yet.</para>
+<para>At this point we must deal with our first objection from the
 learned. It comes from a creature known as the IPdroid. The droid has a
 sophisticated mind and a cultured life. It appreciates very much the
 …
 by Microsoft, for example, which is known as "reverse
 engineering"), you're not going to be punished, at least if you live in
 some parts of the United States.</p>
 <p>This droid, like other droids, is often right. The condition of
+some parts of the United States.</para>
+<para>This droid, like other droids, is often right. The condition of
 being a droid is to know everything about something and nothing about
 anything else. By its timely and urgent intervention the droid has
 …
 sell. When applied to digital information that moves frictionlessly
 through the network and has zero marginal cost per copy, everything
 still works, mostly, as long as you don't stop squinting.</p>
 <p>But that wasn't what I was arguing about. I wanted to point out
+still works, mostly, as long as you don't stop squinting.</para>
+<para>But that wasn't what I was arguing about. I wanted to point out
 something else: that our world consists increasingly of nothing but
 large numbers (also known as bitstreams), and that - for reasons having
 …
 have - blessed as we are by its consequences if we are copyright
 teachers, Congressmen, Gucci-gulchers or Big Rupert himself - is
 compelled to treat indistinguishable things in unlike ways.</p>
 <p>Now, in my role as a legal historian concerned with the secular
+compelled to treat indistinguishable things in unlike ways.</para>
+<para>Now, in my role as a legal historian concerned with the secular
 (that is, very long term) development of legal thought, I claim that
 legal regimes based on sharp but unpredictable distinctions among
 …
 require judges to distinguish among the identical, the game is
 infinitely lengthy, infinitely costly, and almost infinitely offensive
 to the unbiased bystander [<a href="#note8">8</a>].</p>
 <p>Thus parties can spend all the money they want on all the
+to the unbiased bystander [<a href="#note8">8</a>].</para>
+<para>Thus parties can spend all the money they want on all the
 legislators and
 judges they can afford - which for the new "owners" of the digital
 …
 mainstream of "respectable" conservative opinion acknowledges their
 death, with uncertain results. But realistic scholarship should already
 be turning its attention to the clear need for new thoughtways.</p>
 <p>When we reach this point in the argument, we find ourselves
+be turning its attention to the clear need for new thoughtways.</para>
+<para>When we reach this point in the argument, we find ourselves
 contending with the other primary protagonist of educated idiocy: the
 econodwarf. Like the IPdroid, the econodwarf is a species of hedgehog,[<a href="#note9">9</a>]
 …
 create the things the rules treat as property: without the ability to
 exclude others from music there would be no music, because no one could
 be sure of getting paid for creating it.</p>
 <p>Music is not really our subject; the software I am considering at
+be sure of getting paid for creating it.</para>
+<para>Music is not really our subject; the software I am considering at
 the moment is the old kind: computer programs. But as he is determined
 to deal at least cursorily with the subject, and because, as we have
 …
 and the motets of the wife-murderer Carlo Gesualdo are all part of the
 centuries-long tradition of free software, in the more general sense,
 which the econodwarf never quite acknowledges.</p>
+which the econodwarf never quite acknowledges.</para>
 <center><img src="anarchism_files/mog1.gif"></center>
 <p> The dwarf's basic problem is that "incentives" is merely a
+<para> The dwarf's basic problem is that "incentives" is merely a
 metaphor, and as a metaphor to describe human creative activity it's
 pretty crummy. I have said this before,[<a href="#note10">10</a>] but
 …
 network is directly proportional to the field strength of the
 "intellectual property" system. So the right answer to the econodwarf
 is, resist the resistance.</p>
 <p>Of course, this is all very well in theory. "Resist the resistance"
+is, resist the resistance.</para>
+<para>Of course, this is all very well in theory. "Resist the resistance"
 sounds good, but we'd have a serious problem, theory notwithstanding,
 if the dwarf were right and we found ourselves under-producing good
 …
 are formalists of different kinds, and the advantage of realism is that
 if you start from the facts the facts are always on your side. It turns
 out that treating software as property makes bad software.</p>
 <p><img src="anarchism_files/quad.gif"></p><a name="m2"></a>
 <p></p><h2>II. Software as Property: The Practical Problem</h2><p></p>
 <p>In order to understand why turning software into property produces
+out that treating software as property makes bad software.</para>
+<para><img src="anarchism_files/quad.gif"></para><a name="m2"></a>
+<para></para><h2>II. Software as Property: The Practical Problem</h2><para></para>
+<para>In order to understand why turning software into property produces
 bad software, we need an introduction to the history of the art. In
 fact, we'd better start with the word "art" itself. The programming of
 computers combines determinate reasoning with literary invention.</p>
 <p>At first glance, to be sure, source code appears to be a non-literary form of composition [<a href="#note11">11</a>].
+computers combines determinate reasoning with literary invention.</para>
+<para>At first glance, to be sure, source code appears to be a non-literary form of composition [<a href="#note11">11</a>].
 The primary desideratum in a computer program is that it works, that is
 to say, performs according to specifications formally describing its
 outputs in terms of its inputs. At this level of generality, the
 functional content of programs is all that can be seen.</p>
 <p>But working computer programs exist as parts of computer systems,
+functional content of programs is all that can be seen.</para>
+<para>But working computer programs exist as parts of computer systems,
 which are interacting collections of hardware, software, and human
 beings. The human components of a computer system include not only the
 …
 that executes the program, through the intermediary of the compiler
 that produces machine-language object code, but also with other
 programmers.</p>
 <p>The function of source code in relation to other human beings is not
+programmers.</para>
+<para>The function of source code in relation to other human beings is not
 widely grasped by non-programmers, who tend to think of computer
 programs as incomprehensible. They would be surprised to learn that the
 …
 program's operation. In most programming languages, far more space is
 spent in telling people what the program does than in telling the
 computer how to do it.</p>
 <p>The design of programming languages has always proceeded under the
+computer how to do it.</para>
+<para>The design of programming languages has always proceeded under the
 dual requirements of complete specification for machine execution and
 informative description for human readers. One might identify three
 …
 instructions, pausing every few hundred instructions to create "block
 comments," which provide a summary of the strategy of the program, or
 document the major data structures the program manipulates.</p>
 <p>A second approach, characteristically depicted by the language COBOL
+document the major data structures the program manipulates.</para>
+<para>A second approach, characteristically depicted by the language COBOL
 (which stood for "Common Business-Oriented Language"), was to make the
 program itself look like a set of natural language directions, written
 …
 structures and the larger operational context of the program were not
 rendered unnecessary by the wordiness of the language in which the
 details of execution were specified.</p>
 <p>Accordingly, language designers by the late 1960s began
+details of execution were specified.</para>
+<para>Accordingly, language designers by the late 1960s began
 experimenting with forms of expression in which the blending of
 operational details and non-functional information necessary for
 …
 the expression of stepwise processes. Commentary would be not only
 unnecessary but distracting, just as the metaphors used to convey
 mathematical concepts in English do more to confuse than to enlighten.</p>
 <p></p><h3>How We Created the Microbrain Mess</h3><p></p>
 <p>Thus the history of programming languages directly reflected the
+mathematical concepts in English do more to confuse than to enlighten.</para>
+<para></para><h3>How We Created the Microbrain Mess</h3><para></para>
+<para>Thus the history of programming languages directly reflected the
 need to find forms of human-machine communication that were also
 effective in conveying complex ideas to human readers. "Expressivity"
 became a property of programming languages, not because it facilitated
 computation, but because it facilitated the collaborative creation and
 maintenance of increasingly complex software systems.</p>
 <p>At first impression, this seems to justify the application of
+maintenance of increasingly complex software systems.</para>
+<para>At first impression, this seems to justify the application of
 traditional copyright thinking to the resulting works. Though
 substantially involving "functional" elements, computer programs
 …
 containing both the machine instructions necessary for functional
 operation and the expressive "commentary" intended for human readers,
 was an appropriate candidate for copyright treatment.</p>
 <p>True, so long as it is understood that the expressive component of
+was an appropriate candidate for copyright treatment.</para>
+<para>True, so long as it is understood that the expressive component of
 software was present solely in order to facilitate the making of
 "derivative works." Were it not for the intention to facilitate
 …
 supererogatory, and source code would be no more copyrightable than
 object code, the output of the language processor, purged of all but
 the program's functional characteristics.</p>
 <p>The state of the computer industry throughout the 1960's and 1970's,
+the program's functional characteristics.</para>
+<para>The state of the computer industry throughout the 1960's and 1970's,
 when the grundnorms of sophisticated computer programming were
 established, concealed the tension implicit in this situation. In that
 …
 the programs thus distributed. For a dominant hardware manufacturer,
 this strategy made sense: better programs sold more computers, which is
 where the profitability of the business rested.</p>
 <p>Computers, in this period, tended to aggregate within particular
+where the profitability of the business rested.</para>
+<para>Computers, in this period, tended to aggregate within particular
 organizations, but not to communicate broadly with one another. The
 software needed to operate was distributed not through a network, but
 …
 rights (in an image beloved of the United States Supreme Court), was
 practically unimportant, or even undesirable, at the heart of the
 software business [<a href="#note14">14</a>].</p>
 <p>After 1980, everything was different. The world of mainframe
+software business [<a href="#note14">14</a>].</para>
+<para>After 1980, everything was different. The world of mainframe
 hardware gave way within ten years to the world of the commodity PC.
 And, as a contingency of the industry's development, the single most
 …
 right to exclude others from participation in the product's formation
 became profoundly important. Microsoft's power in the market rested
 entirely on its ownership of the Windows source code.</p>
 <p>To Microsoft, others' making of "derivative works," otherwise known
+entirely on its ownership of the Windows source code.</para>
+<para>To Microsoft, others' making of "derivative works," otherwise known
 as repairs and improvements, threatened the central asset of the
 business. Indeed, as subsequent judicial proceedings have tended to
 …
 maintenance of control over the basic operation of computers
 manufactured, sold, possessed, and used by others represented profound
 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>
 <p>The result, so far as the quality of software was concerned, was
+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.</para>
+<para>The result, so far as the quality of software was concerned, was
 disastrous. The monopoly was a wealthy and powerful corporation that
 employed a large number of programmers, but it could not possibly
 …
 doubt" (known within Microsoft as "FUD") to drive sophisticated users
 away from potential competitors, whose long-term survivability in the
 face of Microsoft's market power was always in question.</p>
 <p>Without the constant interaction between users able to repair and
+face of Microsoft's market power was always in question.</para>
+<para>Without the constant interaction between users able to repair and
 improve and the operating system's manufacturer, the inevitable
 deterioration of quality could not be arrested. But because the
 …
 without crashing. Although it was frustrating to lose work in progress
 each time an unnecessary failure occurred, the evident fallibility of
 computers was intrinsically reassuring [<a href="#note16">16</a>].</p>
 <p>None of this was necessary. The low quality of personal computer
+computers was intrinsically reassuring [<a href="#note16">16</a>].</para>
+<para>None of this was necessary. The low quality of personal computer
 software could have been reversed by including users directly in the
 inherently evolutionary process of software design and implementation.
 …
 general and as it applies to software in particular, biases the world
 towards creationism; in this instance, the problem is that BillG the
 Creator was far from infallible, and in fact he wasn't even trying.</p>
+Creator was far from infallible, and in fact he wasn't even trying.</para>
 <center><img src="anarchism_files/mog2.gif" hspace="0" vspace="0"></center>
 <p>To make the irony more severe, the growth of the network rendered
+<para>To make the irony more severe, the growth of the network rendered
 the non-propertarian alternative even more practical. What scholarly
 and popular writing alike denominate as a thing ("the Internet") is
 …
 networks eliminated the bottleneck that had required a centralized
 software manufacturer to rationalize and distribute the outcome of
 individual innovation in the era of the mainframe.</p>
 <p>And so, in one of history's little ironies, the global triumph of
+individual innovation in the era of the mainframe.</para>
+<para>And so, in one of history's little ironies, the global triumph of
 bad software in the age of the PC was reversed by a surprising
 combination of forces: the social transformation initiated by the
 network, a long-discarded European theory of political economy, and a
 small band of programmers throughout the world mobilized by a single
 simple idea.</p>
 <p></p><h3>Software Wants to Be Free; or, How We Stopped Worrying and Learned to Love the Bomb</h3>
 <p>Long before the network of networks was a practical reality, even
+simple idea.</para>
+<para></para><h3>Software Wants to Be Free; or, How We Stopped Worrying and Learned to Love the Bomb</h3>
+<para>Long before the network of networks was a practical reality, even
 before it was an aspiration, there was a desire for computers to
 operate on the basis of software freely available to everyone. This
 began as a reaction against propertarian software in the mainframe era,
 and requires another brief historical digression.</p>
 <p>Even though IBM was the largest seller of general purpose computers
+and requires another brief historical digression.</para>
+<para>Even though IBM was the largest seller of general purpose computers
 in the mainframe era, it was not the largest designer and builder of
 such hardware. The telephone monopoly, American Telephone &amp;
 …
 internally. And at the famous Bell Labs research arm of the telephone
 monopoly, in the late 1960's, the developments in computer languages
 previously described gave birth to an operating system called Unix.</p>
 <p>The idea of Unix was to create a single, scalable operating system
+previously described gave birth to an operating system called Unix.</para>
+<para>The idea of Unix was to create a single, scalable operating system
 to exist on all the computers, from small to large, that the telephone
 monopoly made for itself. To achieve this goal meant writing an
 …
 system written in that language had been transferred (or "ported," in
 professional jargon) to computers made by many manufacturers and of
 many designs.</p>
 <p>AT&amp;T distributed Unix widely, and because of the very design of
+many designs.</para>
+<para>AT&amp;T distributed Unix widely, and because of the very design of
 the
 operating system, it had to make that distribution in C source code.
 …
 than episodic fashion. And as programmers throughout the world began to
 aspire to and even expect a personal computer revolution, the "unfree"
 status of Unix became a source of concern.</p>
 <p>Between 1981 and 1984, one man envisioned a crusade to change the
+status of Unix became a source of concern.</para>
+<para>Between 1981 and 1984, one man envisioned a crusade to change the
 situation. Richard M. Stallman, then an employee of MIT's Artificial
 Intelligence Laboratory, conceived the project of independent,
 …
 work without modification on existing Unix systems. Development of the
 GNU tools could thus proceed directly in the environment of university
 and other advanced computing centers around the world.</p>
 <p>The scale of such a project was immense. Somehow, volunteer
+and other advanced computing centers around the world.</para>
+<para>The scale of such a project was immense. Somehow, volunteer
 programmers had to be found, organized, and set to work building all
 the tools that would be necessary for the ultimate construction.
 …
 goals for, the evolving process. The award to Stallman of a MacArthur
 Fellowship in 1990 was an appropriate recognition of his conceptual
 and technical innovations and their social consequences.</p>
 <p>Project GNU, and the Free Software Foundation to which it gave birth
+and technical innovations and their social consequences.</para>
+<para>Project GNU, and the Free Software Foundation to which it gave birth
 in 1985, were not the only source of free software ideas. Several forms
 of copyright license designed to foster free or partially free software
 …
 undergraduate computer science student at the University of Helsinki,
 Linus Torvalds, began the project that completed the circuit and fully
 energized the free software vision.</p>
 <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>],
+energized the free software vision.</para>
+<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>],
 was a staple of Operating Systems courses, providing an example of
 basic solutions to basic problems. Slowly, and at first without
 …
 the best way to make his project work would be to adjust his design
 decisions so that the existing GNU components would be compatible with
 his kernel.</p>
 <p>The result of Torvalds' work was the release on the net in 1991 of a
+his kernel.</para>
+<para>The result of Torvalds' work was the release on the net in 1991 of a
 sketchy working model of a free software kernel for a Unix-like
 operating system for PCs, fully compatible with and designed
 …
 in a development project ultimately involving more than one million
 lines of computer code - a scale of collaboration among geographically
 dispersed unpaid volunteers previously unimaginable in human history [<a href="#note20">20</a>].</p>
 <p>By 1994, Linux had reached version 1.0, representing a usable
+dispersed unpaid volunteers previously unimaginable in human history [<a href="#note20">20</a>].</para>
+<para>By 1994, Linux had reached version 1.0, representing a usable
 production kernel. Level 2.0 was reached in 1996, and by 1998, with the
 kernel at 2.2.0 and available not only for x86 machines but for a
 …
 proprietary Unix versions for PCs in benchmarks, but is renowned for
 its ability to run, undisturbed and uncomplaining, for months on end in
 high-volume high-stress environments without crashing.</p>
 <p>Other components of the free software movement have been equally
+high-volume high-stress environments without crashing.</para>
+<para>Other components of the free software movement have been equally
 successful. Apache, far and away the world's leading Web server
 program, is free software, as is Perl, the programming language which
 …
 meaningful
 commercial competition, but when it came to making good software,
 anarchism won.</p>
 <p><img src="anarchism_files/quad.gif"></p><a name="m3"></a>
 <p></p><h2>III. Anarchism as a Mode of Production</h2><p></p>
+anarchism won.</para>
+<para><img src="anarchism_files/quad.gif"></para><a name="m3"></a>
+<para></para><h2>III. Anarchism as a Mode of Production</h2><para></para>
 <p>It's a pretty story, and if only the IPdroid and the econodwarf
+<para>It's a pretty story, and if only the IPdroid and the econodwarf
 hadn't been blinded by theory, they'd have seen it coming. But though
 some of us had been working for it and predicting it for years, the
 …
 did more. They provided an initial glimpse into the future of human
 creativity in a world of global interconnection, and it's not a world
 made for dwarves and droids.</p>
 <p>My argument, before we paused for refreshment in the real world, can
+made for dwarves and droids.</para>
+<para>My argument, before we paused for refreshment in the real world, can
 be summarized this way: Software - whether executable programs, music,
 visual art, liturgy, weaponry, or what have you - consists of
 …
 regimes not only do not make things better, they can make things
 radically worse. Property concepts, whatever else may be wrong with
 them, do not enable and have in fact retarded progress.</p>
 <p>
+them, do not enable and have in fact retarded progress.</para>
+<para>
 But what is this mysterious alternative? Free software exists, but what
 are its mechanisms, and how does it generalize towards a
 non-propertarian theory of the digital society?</p>
 <p></p><h3>The Legal Theory of Free Software</h3>
 <p>There is a myth, like most myths partially founded on reality, that
+non-propertarian theory of the digital society?</para>
+<para></para><h3>The Legal Theory of Free Software</h3>
+<para>There is a myth, like most myths partially founded on reality, that
 computer programmers are all libertarians. Right-wing ones are
 capitalists, cleave to their stock options, and disdain taxes, unions,
 …
 inside the digirati and outside it is that in the network society,
 anarchism (or more properly, anti-possessive individualism) is a viable
 political philosophy.</p>
 <p>The center of the free software movement's success, and the greatest
+political philosophy.</para>
+<para>The center of the free software movement's success, and the greatest
 achievement of Richard Stallman, is not a piece of computer code. The
 success of free software, including the overwhelming success of
 …
 which the labor is mobilized. As a visionary designer Richard Stallman
 created more than Emacs, GDB, or GNU. He created the
 General Public License.</p>
+General Public License.</para>
 <center><img src="anarchism_files/mog3.gif" hspace="0" vspace="0"></center>
 <p>The GPL,[<a href="#note24">24</a>] also known as the copyleft, uses
+<para>The GPL,[<a href="#note24">24</a>] also known as the copyleft, uses
 copyright, to paraphrase Toby Milsom, to counterfeit the phenomena of
 anarchism. As the license preamble expresses it:</p>
 <p></p><blockquote>When we speak of free software, we are referring to
+anarchism. As the license preamble expresses it:</para>
+<para></para><blockquote>When we speak of free software, we are referring to
 freedom, not
 price. Our General Public Licenses are designed to make sure that you
 …
 this service if you wish), that you receive source code or can get it
 if you want it, that you can change the software or use pieces of it in
 new free programs; and that you know you can do these things.</blockquote><p></p>
 <p></p><blockquote>To protect your rights, we need to make restrictions
+new free programs; and that you know you can do these things.</blockquote><para></para>
+<para></para><blockquote>To protect your rights, we need to make restrictions
 that forbid
 anyone to deny you these rights or to ask you to surrender the rights.
 These restrictions translate to certain responsibilities for you if you
 distribute copies of the software, or if you modify it.</blockquote><p></p>
 <p></p><blockquote>For example, if you distribute copies of such a
+distribute copies of the software, or if you modify it.</blockquote><para></para>
+<para></para><blockquote>For example, if you distribute copies of such a
 program, whether
 gratis or for a fee, you must give the recipients all the rights that
 you have. You must make sure that they, too, receive or can get the
 source code. And you must show them these terms so they know their
 rights.</blockquote><p></p>
 <p>Many variants of this basic free software idea have been expressed
+rights.</blockquote><para></para>
+<para>Many variants of this basic free software idea have been expressed
 in licenses of various kinds, as I have already indicated. The GPL is
 different from the other ways of expressing these values in one crucial
 respect. Section 2 of the license provides in pertinent part:</p>
 <p></p><blockquote>You may modify your copy or copies of the Program or
+respect. Section 2 of the license provides in pertinent part:</para>
+<para></para><blockquote>You may modify your copy or copies of the Program or
 any portion of it, thus forming a work based on the Program, and copy
 and distribute such modifications or work ..., provided that you also
 meet all of these conditions: </blockquote><p></p>
 <p></p><blockquote>...</blockquote><p></p>
 <p></p><blockquote>b) You must cause any work that you distribute or
+meet all of these conditions: </blockquote><para></para>
+<para></para><blockquote>...</blockquote><para></para>
+<para></para><blockquote>b) You must cause any work that you distribute or
 publish, that in whole or in part contains or is derived from the
 Program or any part thereof, to be licensed as a whole at no charge to
 all third parties under the terms of this License.</blockquote><p></p>
 <p>Section 2(b) of the GPL is sometimes called "restrictive," but its
+all third parties under the terms of this License.</blockquote><para></para>
+<para>Section 2(b) of the GPL is sometimes called "restrictive," but its
 intention is liberating. It creates a commons, to which anyone may add
 but from which no one may subtract. Because of §2(b), each contributor
 …
 proprietary software businesses. For confirmation of this point, one
 can do no better than to ask the proprietary competitors. As the author
 of the Microsoft "Halloween" memorandum, Vinod Vallopillil, put it:</p>
 <p></p><blockquote>The GPL and its aversion to code forking reassures
+of the Microsoft "Halloween" memorandum, Vinod Vallopillil, put it:</para>
+<para></para><blockquote>The GPL and its aversion to code forking reassures
 customers that they aren't riding an evolutionary `dead-end' by
 subscribing to a particular commercial version of Linux.</blockquote><p></p>
 <p></p><blockquote>The "evolutionary dead-end" is the core of the software FUD
 argument [<a href="#note25">25</a>].</blockquote><p></p>
 <p>Translated out of Microspeak, this means that the strategy by which
+subscribing to a particular commercial version of Linux.</blockquote><para></para>
+<para></para><blockquote>The "evolutionary dead-end" is the core of the software FUD
+argument [<a href="#note25">25</a>].</blockquote><para></para>
+<para>Translated out of Microspeak, this means that the strategy by which
 the dominant proprietary manufacturer drives customers away from
 competitors - by sowing fear, uncertainty and doubt about other
 …
 either the disappearance of their supplier or that someone will use a
 particularly attractive improvement or a desperately necessary repair
 as leverage for "taking the program private."</p>
 <p>This use of intellectual property rules to create a commons in
+as leverage for "taking the program private."</para>
+<para>This use of intellectual property rules to create a commons in
 cyberspace is the central institutional structure enabling the
 anarchist triumph. Ensuring free access and enabling modification at
 …
 predecessors. Because defection is impossible, free riders are welcome,
 which resolves one of the central puzzles of collective action in a
 propertarian social system.</p>
 <p>Non-propertarian production is also directly responsible for the
+propertarian social system.</para>
+<para>Non-propertarian production is also directly responsible for the
 famous stability and reliability of free software, which arises from
 what Eric Raymond calls "Linus' law": With enough eyeballs, all bugs
 are shallow. In practical terms, access to source code means that if I
 have a problem I can fix it. Because I can fix it, I almost never have
 to, because someone else has almost always seen it and fixed it first.</p>
 <p>For the free software community, commitment to anarchist production
+to, because someone else has almost always seen it and fixed it first.</para>
+<para>For the free software community, commitment to anarchist production
 may be a moral imperative; as Richard Stallman wrote, it's about
 freedom, not about price. Or it may be a matter of utility, seeking to
 …
 system, the anarchist counter-strike has begun. Worse is yet to befall
 the droids, as we shall see. But first, we must pay our final devoirs
 to the dwarves.</p>
 <p></p><h3>Because It's There: Faraday's Magnet and Human Creativity</h3><p></p>
 <p>After all, they deserve an answer. Why do people make free software
+to the dwarves.</para>
+<para></para><h3>Because It's There: Faraday's Magnet and Human Creativity</h3><para></para>
+<para>After all, they deserve an answer. Why do people make free software
 if they don't get to profit? Two answers have usually been given. One
 is half-right and the other is wrong, but both are insufficiently
 simple.</p>
 <p>The wrong answer is embedded in numerous references to "the hacker
+simple.</para>
+<para>The wrong answer is embedded in numerous references to "the hacker
 gift-exchange culture." This use of ethnographic jargon wandered into
 the field some years ago and became rapidly, if misleadingly,
 …
 contributed to GNU/Linux, this is orders of magnitude less than the
 number of users who make no contribution
 whatever [<a href="#note27">27</a>].</p>
 <p>A part of the right answer is suggested by the claim that free
+whatever [<a href="#note27">27</a>].</para>
+<para>A part of the right answer is suggested by the claim that free
 software is made by those who seek reputational compensation for their
 activity. Famous Linux hackers, the theory is, are known all over the
 …
 employable in the field, they must already have established themselves
 there. Plainly, then, this motive is present, but it isn't the whole
 explanation.</p>
 <p>Indeed, the rest of the answer is just too simple to have received
+explanation.</para>
+<para>Indeed, the rest of the answer is just too simple to have received
 its due. The best way to understand is to follow the brief and
 otherwise unsung career of an initially-grudging free software author.
 …
 DHCP protocol for assignment of dynamic IP addresses. The result was
 important enough for us to risk another prolonged exposure to the
 Microsoft Writing Style:</p>
 <p></p><blockquote>A small number of Web sites and FAQs later, I found
+Microsoft Writing Style:</para>
+<para></para><blockquote>A small number of Web sites and FAQs later, I found
 an FTP site with a Linux DHCP client. The DHCP client was developed by
 an engineer employed by Fore Systems (as evidenced by his e-mail
 address; I believe, however, that it was developed in his own free
 time). A second set of documentation/manuals was written for the DHCP
 client by a hacker in <i>Hungary</i> which provided relatively simple instructions on how to install/load the client.</blockquote><p></p>
 <p></p><blockquote>I downloaded &amp; uncompressed the client and typed two
 simple commands:</blockquote><p></p>
 <p></p><blockquote>Make - compiles the client binaries</blockquote><p></p>
 <p></p><blockquote>Make Install -installed the binaries as a Linux Daemon</blockquote><p></p>
 <p></p><blockquote>Typing "DHCPCD" (for DHCP Client Daemon) on the
+client by a hacker in <i>Hungary</i> which provided relatively simple instructions on how to install/load the client.</blockquote><para></para>
+<para></para><blockquote>I downloaded &amp; uncompressed the client and typed two
+simple commands:</blockquote><para></para>
+<para></para><blockquote>Make - compiles the client binaries</blockquote><para></para>
+<para></para><blockquote>Make Install -installed the binaries as a Linux Daemon</blockquote><para></para>
+<para></para><blockquote>Typing "DHCPCD" (for DHCP Client Daemon) on the
 command line triggered the DHCP discovery process and voila, I had IP
 networking running.
 </blockquote><p></p>
 <p></p><blockquote>Since I had just downloaded the DHCP client code, on
+</blockquote><para></para>
+<para></para><blockquote>Since I had just downloaded the DHCP client code, on
 an impulse I played around a bit. Although the client wasn't as
 extensible as the DHCP client we are shipping in NT5 (for example, it
 won't query for arbitrary options &amp; store results), it was obvious
 how I could write the additional code to implement this functionality.
 The full client consisted of about 2,600 lines of code.</blockquote><p></p>
 <p></p><blockquote>One example of esoteric, extended functionality that
+The full client consisted of about 2,600 lines of code.</blockquote><para></para>
+<para></para><blockquote>One example of esoteric, extended functionality that
 was clearly
 patched in by a third party was a set of routines to that would pad the
 DHCP request with host-specific strings required by Cable Modem / ADSL
 sites.</blockquote><p></p>
 <p></p><blockquote>A few other steps were required to configure the
+sites.</blockquote><para></para>
+<para></para><blockquote>A few other steps were required to configure the
 DHCP client to
 auto-start and auto-configure my Ethernet interface on boot but these
 were documented in the client code and in the DHCP documentation from
 the Hungarian developer.</blockquote><p></p>
 <p></p><blockquote>I'm a poorly skilled UNIX programmer but it was
+the Hungarian developer.</blockquote><para></para>
+<para></para><blockquote>I'm a poorly skilled UNIX programmer but it was
 immediately obvious to me how to incrementally extend the DHCP client
 code (the feeling was exhilarating and addictive).</blockquote><p></p>
 <p></p><blockquote>Additionally, due directly to GPL + having the full
+code (the feeling was exhilarating and addictive).</blockquote><para></para>
+<para></para><blockquote>Additionally, due directly to GPL + having the full
 development
 environment in front of me, I was in a position where I could write up
 …
 how things like this would get done in NT). Engaging in that process
 would have prepared me for a larger, more ambitious Linux project in
 the future [<a href="#note29">29</a>].</blockquote><p></p>
 <p>"The feeling was exhilarating and addictive." Stop the presses:
+the future [<a href="#note29">29</a>].</blockquote><para></para>
+<para>"The feeling was exhilarating and addictive." Stop the presses:
 Microsoft experimentally verifies Moglen's Metaphorical Corollary to
 Faraday's Law. Wrap the Internet around every brain on the planet and
 …
 achievable in his day job working for the Greatest Programming Company
 on Earth. If only he had e-mailed that first addictive fix, who knows
 where he'd be now?</p><p>
 </p><p>So, in the end, my dwarvish friends, it's just a human thing.
+where he'd be now?</para><para>
+</para><para>So, in the end, my dwarvish friends, it's just a human thing.
 Rather like why Figaro sings, why Mozart wrote the music for him to
 sing to, and why we all make up new words: Because we can. Homo ludens,
 …
 and previously undreamed-of ways. Unless we allow "ownership" to
 interfere. Repeat after me, ye dwarves and men: Resist
 the resistance!</p>
 <p><img src="anarchism_files/quad.gif"></p><a name="m4"></a>
 <p></p><h2>IV. Their Lordships Die in the Dark?</h2><p></p>
 <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>
 <p>Unlock the possibilities of human creativity by connecting everyone
+the resistance!</para>
+<para><img src="anarchism_files/quad.gif"></para><a name="m4"></a>
+<para></para><h2>IV. Their Lordships Die in the Dark?</h2><para></para>
+<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>
+<para>Unlock the possibilities of human creativity by connecting everyone
 to
 everyone else? Get the ownership system out of the way so that we can
 …
 imminent copulation carefully devised to heighten the young male
 eyeball's interest in a beer commercial? What will become of
 civilization? Or at least of copyright teachers?</p>
 <p>But perhaps this is premature. I've only been talking about
+civilization? Or at least of copyright teachers?</para>
+<para>But perhaps this is premature. I've only been talking about
 software. Real software, the old kind, that runs computers. Not like
 the software that runs DVD players, or the kind made by the Grateful
 …
 former Deadhead? I wonder if he'll vote to extend corporate authorship
 terms to 125 years, so that Disney doesn't lose The Mouse in 2004. And
 those DVD players - they're computers, aren't they?"</p>
 <p>In the digital society, it's all connected. We can't depend for the
+those DVD players - they're computers, aren't they?"</para>
+<para>In the digital society, it's all connected. We can't depend for the
 long run on distinguishing one bitstream from another in order to
 figure out which rules apply. What happened to software is already
 …
 And music doesn't sound worse when distributed for free, pay what you
 want directly to the artist, and don't pay anything if you don't want
 to. Give it to your friends; they might like it.</p>
 <p>
+to. Give it to your friends; they might like it.</para>
+<para>
 What happened to music is also happening to news. The wire services, as
 any U.S. law student learns even before taking the near-obligatory
 …
 they have to limit themselves to ninety seconds a story, or the eyeball
 hunters will go somewhere else. So who makes better news, the
 propertarians or the anarchists? We shall soon see.</p>
 <p>Oscar Wilde says somewhere that the problem with socialism is that
+propertarians or the anarchists? We shall soon see.</para>
+<para>Oscar Wilde says somewhere that the problem with socialism is that
 it takes up too many evenings. The problems with anarchism as a social
 system are also about transaction costs. But the digital revolution
 …
 existing power relations. Think not? Ask the Chinese Communist Party.
 Or wait 25 years and see if you can find them for purposes of making
 the inquiry.</p>
 <p>In this context, the obsolescence of the IPdroid is neither
+the inquiry.</para>
+<para>In this context, the obsolescence of the IPdroid is neither
 unforseeable nor tragic. Indeed it may find itself clanking off into
 the desert, still lucidly explaining to an imaginary room the
 …
 Aristocracy looks hard to beat, but that's how it looked in 1788 and
 too. It is, as Chou En-Lai said about the meaning of the French
 Revolution, too soon to tell.</p> <p>
 </p><p></p><h2>About the Author</h2><p></p>
 <p>Eben Moglen is Professor of Law &amp; Legal History, Columbia Law School.<br>
 E-mail: <a href="mailto:moglen@columbia.edu">Mail: moglen@columbia.edu</a></p>
 <p></p><h2>Acknowledgments</h2><p></p>
 <p>This paper was prepared for delivery at the Buchmann International
+Revolution, too soon to tell.</para> <para>
+</para><para></para><h2>About the Author</h2><para></para>
+<para>Eben Moglen is Professor of Law &amp; Legal History, Columbia Law School.<br>
+E-mail: <a href="mailto:moglen@columbia.edu">Mail: moglen@columbia.edu</a></para>
+<para></para><h2>Acknowledgments</h2><para></para>
+<para>This paper was prepared for delivery at the Buchmann International
 Conference on Law, Technology and Information, at Tel Aviv University,
 May 1999; my thanks to the organizers for their kind invitation. I owe
 …
 especially wish to
 thank the programmers throughout the world who made free software
 possible.</p>
+possible.</para>
 <p></p><h2>Notes</h2><p></p>
 <p><a name="note1"></a>1. The distinction was only approximate in its
+<para></para><h2>Notes</h2><para></para>
+<para><a name="note1"></a>1. The distinction was only approximate in its
 original context. By the late 1960's certain portions of the basic
 operation of hardware were controlled by programs digitally encoded in
 …
 impotently and resentfully - do. This "firming of software" is a
 primary condition of the propertarian approach to the legal
 organization of digital society, which is the subject of this paper.</p>
 <p><a name="note2"></a>2. Within the present generation, the very
+organization of digital society, which is the subject of this paper.</para>
+<para><a name="note2"></a>2. Within the present generation, the very
 conception of social "development" is shifting away from possession of
 heavy industry based on the internal-combustion engine to
 "post-industry" based on digital communications and the related
 "knowledge-based" forms of economic activity.</p>
 <p><a name="note3"></a>3. Actually, a moment's thought will reveal, our
+"knowledge-based" forms of economic activity.</para>
+<para><a name="note3"></a>3. Actually, a moment's thought will reveal, our
 genes are firmware. Evolution made the transition from analog to
 digital before the fossil record begins. But we haven't possessed the
 …
 while I don't discuss the issue further in this paper, the political
 consequences of unfreedom of software in this context are even more
 disturbing than they are with respect to cultural artifacts.</p>
 <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>
 <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>
 <p><a name="note6"></a>6. In general I dislike the intrusion of
+disturbing than they are with respect to cultural artifacts.</para>
+<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>
+<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>
+<para><a name="note6"></a>6. In general I dislike the intrusion of
 autobiography into scholarship. But because it is here my sad duty and
 great pleasure to challenge the qualifications or <i>bona fides</i> of
 …
 movement this paper describes, my primary activities on its behalf have
 been legal: I have served for the past five years (without pay,
 naturally) as general counsel of the Free Software Foundation.</p>
 <p><a name="note7"></a>7. The player, of course, has secondary inputs
+naturally) as general counsel of the Free Software Foundation.</para>
+<para><a name="note7"></a>7. The player, of course, has secondary inputs
 and outputs in control channels: buttons or infrared remote control are
 input, and time and track display are output.</p>
 <p><a name="note8"></a>8. This is not an insight unique to our present
+input, and time and track display are output.</para>
+<para><a name="note8"></a>8. This is not an insight unique to our present
 enterprise. A closely-related idea forms one of the most important
 principles in the history of Anglo-American law, perfectly put by Toby
 Milsom in the following terms:</p>
 <p></p><blockquote>The life of the common law has been in the abuse of
+Milsom in the following terms:</para>
+<para></para><blockquote>The life of the common law has been in the abuse of
 its elementary ideas. If the rules of property give what now seems an
 unjust answer, try obligation; and equity has proved that from the
 …
 of contract give what now seems an unjust answer, try tort. ... If the
 rules of one tort, say deceit, give what now seems an unjust answer,
 try another, try negligence. And so the legal world goes round.</blockquote><p></p>
 <p>S.F.C. Milsom, 1981. <i>Historical Foundations of the Common Law.</i> Second edition. London: Butterworths, p. 6.</p>
 <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>
 <p><a name="note10"></a>10. <i>See</i> <a href="http://emoglen.law.columbia.edu/my_pubs/nospeech.html">The
 Virtual Scholar and Network Liberation.</a></p>
 <p><a name="note11"></a>11. Some basic vocabulary is essential. Digital
+try another, try negligence. And so the legal world goes round.</blockquote><para></para>
+<para>S.F.C. Milsom, 1981. <i>Historical Foundations of the Common Law.</i> Second edition. London: Butterworths, p. 6.</para>
+<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>
+<para><a name="note10"></a>10. <i>See</i> <ulink url="http://emoglen.law.columbia.edu/my_pubs/nospeech.html">The
+Virtual Scholar and Network Liberation.</a></para>
+<para><a name="note11"></a>11. Some basic vocabulary is essential. Digital
 computers actually execute numerical instructions: bitstrings that
 contain information in the "native" language created by the machine's
 …
 performs static translation, so that a file containing human-readable
 instructions, known as "source code" results in the generation of one
 or more files of executable machine language, known as "object code."</p>
 <p><a name="note12"></a>12. This, I should say, was the path that most
+or more files of executable machine language, known as "object code."</para>
+<para><a name="note12"></a>12. This, I should say, was the path that most
 of my research and development followed, largely in connection with a
 language called APL ("A Programming Language") and its successors. It
 was not, however, the ultimately-dominant approach, for reasons that
 will be suggested below.</p>
 <p><a name="note13"></a>13. This description elides some details. By
+will be suggested below.</para>
+<para><a name="note13"></a>13. This description elides some details. By
 the mid-1970's IBM had acquired meaningful competition in the mainframe
 computer business, while the large-scale antitrust action brought
 …
 "almost free," that is, to discuss with users the changes they had
 proposed or made in the programs, and to engage with them in
 cooperative development of the product for the benefit of all users.</p>
 <p><a name="note14"></a>14. This description is highly compressed, and
+cooperative development of the product for the benefit of all users.</para>
+<para><a name="note14"></a>14. This description is highly compressed, and
 will seem both overly simplified and unduly rosy to those who also
 worked in the industry during this period of its development. Copyright
 …
 the world created by the PC, the Internet, and the dominance of
 Microsoft, with the resulting impetus for the free software movement,
 and I am here concentrating on the features that express that contrast.</p>
 <p><a name="note15"></a>15. I discuss the importance of PC software in this
 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>
 <p><a name="note16"></a>16. This same pattern of ambivalence, in which
+and I am here concentrating on the features that express that contrast.</para>
+<para><a name="note15"></a>15. I discuss the importance of PC software in this
+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.</para>
+<para><a name="note16"></a>16. This same pattern of ambivalence, in which
 bad programming leading to widespread instability in the new technology
 is simultaneously frightening and reassuring to technical incompetents,
 can be seen also in the primarily-American phenomenon of Y2K hysteria.</p>
 <p><a name="note17"></a>17. The critical implications of this simple
+can be seen also in the primarily-American phenomenon of Y2K hysteria.</para>
+<para><a name="note17"></a>17. The critical implications of this simple
 observation about our metaphors are worked out in "How Not to Think
 about 'The Internet'," in <i>The Invisible Barbecue</i>, forthcoming.</p>
 <p><a name="note18"></a>18. Technical readers will again observe that this compresses developments occurring from 1969 through 1973.</p>
 <p><a name="note19"></a>19. Operating systems, even Windows (which
+about 'The Internet'," in <i>The Invisible Barbecue</i>, forthcoming.</para>
+<para><a name="note18"></a>18. Technical readers will again observe that this compresses developments occurring from 1969 through 1973.</para>
+<para><a name="note19"></a>19. Operating systems, even Windows (which
 hides the fact from its users as thoroughly as possible), are actually
 collections of
 …
 Once the operating system is written in a general language such as C,
 only that inner core, known in the trade as the kernel, will be highly
 specific to a particular computer architecture.</p>
 <p><a name="note20"></a>20. A careful and creative analysis of how
+specific to a particular computer architecture.</para>
+<para><a name="note20"></a>20. A careful and creative analysis of how
 Torvalds made this process work, and what it implies for the social
 practices of creating software, was provided by Eric S. Raymond in his
 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>
 <p><a name="note21"></a>21. This is a quotation from what is known in
+seminal 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>
+<para><a name="note21"></a>21. This is a quotation from what is known in
 the trade as the "Halloween memo," which can be found, as annotated by
 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>
 <p><a name="note22"></a>22. As recently as early 1994 a talented and
+Eric 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>
+<para><a name="note22"></a>22. As recently as early 1994 a talented and
 technically competent (though Windows-using) law and economics scholar
 at a major U.S. law school confidently informed me that free software
 couldn't possibly exist, because no one would have any incentive to
 make really sophisticated programs requiring substantial investment of
 effort only to give them away.</p>
 <p><a name="note23"></a>23. This question too deserves special
+effort only to give them away.</para>
+<para><a name="note23"></a>23. This question too deserves special
 scrutiny, encrusted as it is with special pleading on the state-power
 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>
 <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>
 <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>
 <p><a name="note26"></a>26. The looming expiration of Mickey Mouse's
+side. 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>
+<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>
+<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>
+<para><a name="note26"></a>26. The looming expiration of Mickey Mouse's
 ownership by Disney requires, from the point of view of that wealthy
 "campaign contributor," for example, an alteration of the general
 copyright law of the United States. See "Not Making it Any More?
 Vaporizing the Public Domain," in <i>The Invisible Barbecue</i>, forthcoming.</p>
 <p><a name="note27"></a>27. A recent industry estimate puts the number of Linux
 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>
 <p><a name="note28"></a>28. Eric Raymond is a partisan of the "ego
+Vaporizing the Public Domain," in <i>The Invisible Barbecue</i>, forthcoming.</para>
+<para><a name="note27"></a>27. A recent industry estimate puts the number of Linux
+systems 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>
+<para><a name="note28"></a>28. Eric Raymond is a partisan of the "ego
 boost" theory, to which he adds another faux-ethnographic comparison,
 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>.
+of 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>.
 But the potlatch, certainly a form of status competition, is unlike
 free software for two fundamental reasons: it is essentially
 …
 New York: Viking, p. 75. These are precisely the grounds which
 distinguish the anti-hierarchical and utilitiarian free software
 culture from its propertarian counterparts.</p>
 <p><a name="note29"></a>29. Vinod Vallopillil, <a href="http://www.opensource.org/halloween/halloween2.html">Linux OS
+culture from its propertarian counterparts.</para>
+<para><a name="note29"></a>29. Vinod Vallopillil, <ulink url="http://www.opensource.org/halloween/halloween2.html">Linux OS
 Competitive Analysis (Halloween
 II).</a> Note Vallopillil's surprise that a program written in California had been subsequently documented by a programmer in Hungary.</p>
 <p><a name="note30"></a>30. See "They're Playing Our Song: The Day the Music
 Industry Died," in <i>The Invisible Barbecue</i>, forthcoming.</p>
 <p><a name="note31"></a>31. International News Service v. Associated
+II).</a> Note Vallopillil's surprise that a program written in California had been subsequently documented by a programmer in Hungary.</para>
+<para><a name="note30"></a>30. See "They're Playing Our Song: The Day the Music
+Industry Died," in <i>The Invisible Barbecue</i>, forthcoming.</para>
+<para><a name="note31"></a>31. International News Service v. Associated
 Press, 248
 U.S. 215 (1918). With regard to the actual terse, purely functional
 expressions of breaking news actually at stake in the jostling among
 wire services, this was always a distinction only a droid could love.</p>
 <p><a name="note32"></a>32. See "No Prodigal Son: The Political Theory of Universal Interconnection," in <i>The Invisible Barbecue</i>, forthcoming.</p>
+wire services, this was always a distinction only a droid could love.</para>
+<para><a name="note32"></a>32. See "No Prodigal Son: The Political Theory of Universal Interconnection," in <i>The Invisible Barbecue</i>, forthcoming.</para>
 </blockquote>
 <p></p><hr><p>
 </p><blockquote>
 <a href="http://firstmonday.org/issues/issue4_8/index.html"><img src="anarchism_files/contents.gif" alt="Contents" align="bottom" border="0"></a>
 <a href="http://firstmonday.org/issues/index.html"><img src="anarchism_files/index.gif" alt="Index" border="0"></a>
 <p>Copyright <a href="http://firstmonday.org/copy.html">©</a> 1999, First Monday</p></blockquote>
+<para></para><hr><para>
+</para><blockquote>
+<ulink url="http://firstmonday.org/issues/issue4_8/index.html"><img src="anarchism_files/contents.gif" alt="Contents" align="bottom" border="0"></ulink>
+<ulink url="http://firstmonday.org/issues/index.html"><img src="anarchism_files/index.gif" alt="Index" border="0"></ulink>
+<para>Copyright <ulink url="http://firstmonday.org/copy.html">©</ulink> 1999, First Monday</para></blockquote>
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