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+<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html401/loose.dtd">
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+<!-- This is the second edition of Free Software, Free Society: Selected Essays of Richard M. Stallman.
+
+Free Software Foundation
+
+51 Franklin Street, Fifth Floor
+
+Boston, MA 02110-1335
+Copyright C 2002, 2010 Free Software Foundation, Inc.
+Verbatim copying and distribution of this entire book are permitted
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+of this book from the original English into another language provided
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+<title>Free Software, Free Society, 2nd ed.: 20. Freedom&mdash;or Copyright</title>
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+<a name="Freedom-or-Copyright"></a>
+<header><div id="logo"><img src="../gnu.svg" height="100" width="100"></div><h1>Free Software, Free Society, 2nd ed.</h1></header><section id="main"><a name="Freedom_002d_002d_002dor-Copyright"></a>
+<h1 class="chapter"> 20. Freedom&mdash;or Copyright </h1>
+
+
+<blockquote class="smallquotation"><p>This essay addresses how the principles of software freedom apply in
+some cases to other works of authorship and art. It&rsquo;s included here
+since it involves the application of the ideas of free software.
+</p></blockquote>
+<br>
+<p>Copyright was established in the age of the printing press as an
+industrial regulation on the business of writing and publishing. The
+aim was to encourage the publication of a diversity of written works.
+The means was to require publishers to get the author&rsquo;s permission to
+publish recent writings. This enabled authors to get income from
+publishers, which facilitated and encouraged writing. The general
+reading public received the benefit of this, while losing little:
+copyright restricted only publication, not the things an ordinary
+reader could do. That made copyright arguably a beneficial system for
+the public, and therefore arguably legitimate.
+</p>
+<p>Well and good&mdash;back then.
+</p>
+<p>Now we have a new way of distributing information: computers and
+networks. Their benefit is that they facilitate copying and
+manipulating information, including software, musical recordings,
+books, and movies. They offer the possibility of unlimited access to
+all sorts of data&mdash;an information utopia.
+</p>
+<p>One obstacle stood in the way: copyright. Readers and listeners who
+made use of their new ability to copy and share published information
+were technically copyright infringers. The same law which had
+formerly acted as a beneficial industrial regulation on publishers had
+become a restriction on the public it was meant to serve.
+</p>
+<p>In a democracy, a law that prohibits a popular and useful activity is
+usually soon relaxed. Not so where corporations have political power.
+The publishers&rsquo; lobby was determined to prevent the public from taking
+advantage of the power of their computers, and found copyright a
+handy weapon. Under their influence, rather than relaxing copyright
+rules to suit the new circumstances, governments made them stricter than
+ever, imposing harsh penalties on the practice of sharing. The latest
+fashion in supporting the publishers against the citizens, known as
+&ldquo;three strikes,&rdquo; is to cut off people&rsquo;s Internet connections if
+they share.
+</p>
+<p>But that wasn&rsquo;t the worst of it. Computers can be powerful tools of
+domination when software suppliers deny users the control of the
+software they run. The
+publishers realized that by publishing works in encrypted format,
+which only specially authorized software could view, they could gain
+unprecedented power: they could compel readers to pay, and identify
+themselves, every time they read a book, listen to a song, or watch a
+video. That is the publishers&rsquo; dream: a
+<a name="index-pay_002dper_002dview"></a>
+pay-per-view universe.
+</p>
+<a name="index-DMCA_002c-publishers-and-1"></a>
+<p>The publishers gained US government support for their dream with the
+Digital Millennium Copyright Act of 1998. This law gave publishers
+power to write their own copyright rules, by implementing them in the
+code of the authorized player software. Under this practice, called
+Digital Restrictions Management, or
+<a name="index-DRM_002c-call-it-_0060_0060Digital-Restrictions-Management_0027_0027-1"></a>
+DRM, even reading or listening
+without authorization is forbidden.
+</p>
+<a name="index-e_002dbooks-2"></a>
+<p>We still have the same old freedoms in using paper books and other
+analog media. But if e-books replace printed books, those freedoms
+will not transfer. Imagine: no more used book stores; no more lending
+a book to your friend; no more borrowing one from the public
+<a name="index-libraries_002c-e_002dbooks-and-1"></a>
+library&mdash;no more &ldquo;leaks&rdquo; that might give someone a
+chance to read without paying. No more purchasing a book anonymously with
+cash&mdash;you can only buy an e-book with a credit card. That is
+the world the publishers want to impose on us. If you buy the
+<a name="index-Amazon"></a>
+Amazon
+<a name="index-Kindle-_0028see-also-Swindle_0029"></a>
+Kindle (we call it the
+<a name="index-Swindle"></a>
+Swindle) or the
+<a name="index-Sony-Reader-_0028call-it-the-Shreader_0029"></a>
+Sony Reader (we
+call it the Shreader for what it threatens to do to books), you pay to
+establish that world.
+</p>
+<p>The
+<a name="index-Swindle-1"></a>
+Swindle even has an Orwellian back door that can be used to erase
+books remotely. Amazon demonstrated this capability by erasing
+copies, purchased from Amazon, of
+<a name="index-Orwell_002c-George"></a>
+Orwell&rsquo;s book
+<a name="index-1984_002c-George-Orwell"></a>
+<cite>1984.</cite> Evidently
+Amazon&rsquo;s name for this product reflects the intention to burn our
+books.
+</p>
+<p>Public anger against DRM is slowly growing, held back because
+propaganda expressions such
+as
+<a name="index-_0060_0060protection_002c_0027_0027-erroneous-use-of-term-1"></a>
+&ldquo;protect
+authors&rdquo;
+and
+<a name="index-_0060_0060intellectual-property_002c_0027_0027-bias-and-fallacy-of-term-_0028see-also-ownership_0029-7"></a>
+&ldquo;intellectual
+property&rdquo; have convinced readers that their rights do not
+count. These terms implicitly assume that publishers deserve special
+power in the name of the authors, that we are morally obliged to bow
+to them, and that we have wronged someone if we see or hear
+anything without paying for permission.
+</p>
+<p>The organizations that profit most from copyright legally exercise it
+in the name of the authors (most of whom gain little). They would
+have you believe that copyright is a natural right of authors, and
+that we the public must suffer it no matter how painful it is. They
+call sharing
+<a name="index-_0060_0060piracy_002c_0027_0027-erroneous-use-of-term-7"></a>
+&ldquo;piracy,&rdquo; equating helping your neighbor with
+attacking a ship.
+</p>
+<a name="index-War-on-Sharing-_0028see-also-DRM-and-copyright_0029"></a>
+<p>They also tell us that a War on Sharing is the only way to keep
+art alive. Even if true, it would not justify the policy; but it
+isn&rsquo;t true. Public sharing of copies is likely to increase the sales of
+most works, and decrease sales only for big hits.
+</p>
+<a name="index-e_002dbooks-3"></a>
+<p>Bestsellers can still do well without forbidding sharing.
+<a name="index-King_002c-Stephen"></a>
+Stephen
+King got hundreds of thousands of dollars selling an unencrypted
+e-book serial with no obstacle to copying and sharing. (He was
+dissatisfied with that amount and called the experiment a failure, but it looks
+like a success to me.)
+<a name="index-Radiohead"></a>
+Radiohead made millions in 2007 by inviting
+fans to copy an album and pay what they wished, while it was also
+shared through
+<a name="index-peer_002dto_002dpeer"></a>
+peer-to-peer. In
+2008,
+<a name="index-Nine-Inch-Nails"></a>
+Nine Inch Nails released an album with permission to share copies and
+made $750,000 in a few days.<a name="DOCF43" href="#FOOT43">(43)</a>
+</p>
+<p>The possibility of success without oppression is not limited to
+bestsellers. Many artists of various levels of fame now make an
+adequate living through voluntary support:<a name="DOCF44" href="#FOOT44">(44)</a>
+donations and merchandise purchases of their fans.
+<a name="index-Kelly_002c-Kevin"></a>
+Kevin Kelly<a name="DOCF45" href="#FOOT45">(45)</a> estimates the artist need
+only find around 1,000 true fans.<a name="DOCF46" href="#FOOT46">(46)</a>
+</p>
+<p>When computer networks provide an easy anonymous method for sending
+someone a small amount of money, without a credit card, it will be
+easy to set up a much better system to support the arts. When you
+view a work, there will be a button you can press saying, &ldquo;Click
+here to send the artist one dollar.&rdquo; Wouldn&rsquo;t you press it, at
+least once a week?
+</p>
+<p>Another good way to support music and the arts is with
+tax funds&mdash;perhaps a tax on blank media
+or on Internet connectivity. The state should
+distribute the tax money entirely to the artists, not
+waste it on corporate executives. But the state should not distribute
+it in linear proportion to popularity, because that would give most of
+it to a few superstars, leaving little to support all the other
+artists. I therefore recommend using a cube-root function or
+something similar. With linear proportion, superstar A with 1,000
+times the popularity of a successful artist B will get 1,000 times as
+much money as B. With the cube root, A will get 10 times as much as
+B. Thus, each superstar gets a larger share than a less popular
+artist, but most of the funds go to the artists who really need this
+support. This system will use our tax money efficiently to support
+the arts.
+</p>
+<a name="index-Global-Patronage-_0028see-also-DRM-and-copyright_0029"></a>
+<p>The Global Patronage<a name="DOCF47" href="#FOOT47">(47)</a> proposal
+combines aspects of those two systems, incorporating mandatory
+payments with voluntary allocation among artists.
+</p>
+<a name="index-Spain-1"></a>
+<p>In Spain, this tax system should replace the
+<a name="index-SGAE"></a>
+SGAE<a name="DOCF48" href="#FOOT48">(48)</a> and its canon,
+which could be eliminated.
+</p>
+<a name="index-call-to-action_002c-boycott-products-with-DRM"></a>
+<a name="index-call-to-action_002c-legalize-noncommercial-copying-and-sharing-of-all-published-works"></a>
+<p>To make copyright fit the network age, we should legalize the
+noncommercial copying and sharing of all published works, and prohibit
+DRM. But until we win this battle, you must protect yourself: don&rsquo;t
+buy any products with DRM unless you personally have the means to
+break the DRM. Never use a product designed to attack your freedom
+unless you can nullify the attack.
+<a name="index-DRM_002c-call-it-_0060_0060Digital-Restrictions-Management_0027_0027-2"></a>
+</p><div class="footnote">
+<hr>
+<h3>Footnotes</h3>
+<h3><a name="FOOT43" href="#DOCF43">(43)</a></h3>
+<p>&ldquo;Nine Inch Nails Made at Least $750k from CC Release in Two Days,&rdquo; posted by Cory Doctorow, 5&nbsp;March&nbsp;2008,
+<a href="http://boingboing.net/2008/03/05/nine-inch-nails-made.html">http://boingboing.net/2008/03/05/nine-inch-nails-made.html</a>.
+</p><h3><a name="FOOT44" href="#DOCF44">(44)</a></h3>
+<p>Mike Masnick,
+&ldquo;The Future of Music Business Models (and Those Who Are Already
+There),&rdquo; 25&nbsp;January&nbsp;2010,
+<a href="http://techdirt.com/articles/20091119/1634117011.shtml">http://techdirt.com/articles/20091119/1634117011.shtml</a>.
+</p><h3><a name="FOOT45" href="#DOCF45">(45)</a></h3>
+<p>Kevin Kelly is a commentator on digital culture
+and the founder of <cite>Wired</cite> magazine.
+</p><h3><a name="FOOT46" href="#DOCF46">(46)</a></h3>
+<p>Kevin Kelly, &ldquo;1,000 True
+Fans,&rdquo; 4&nbsp;March&nbsp;2008,
+<a href="http://kk.org/thetechnium/archives/2008/03/1000_true_fans.php">http://kk.org/thetechnium/archives/2008/03/1000_true_fans.php</a>.
+</p><h3><a name="FOOT47" href="#DOCF47">(47)</a></h3>
+<p>See <a href="http://mecenatglobal.org/">http://mecenatglobal.org/</a> for more information.
+</p><h3><a name="FOOT48" href="#DOCF48">(48)</a></h3>
+<p>The SGAE is Spain&rsquo;s main copyright collective for composers, authors,
+and publishers.
+</p></div>
+<hr size="2">
+</body>
+</html>