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diff --git a/talermerchantdemos/blog/articles/en/no-ip-ethos.html b/talermerchantdemos/blog/articles/en/no-ip-ethos.html new file mode 100644 index 0000000..4ab52e3 --- /dev/null +++ b/talermerchantdemos/blog/articles/en/no-ip-ethos.html @@ -0,0 +1,177 @@ +<!--#include virtual="/server/header.html" --> +<!-- Parent-Version: 1.77 --> + +<title>Don't Let ‘Intellectual Property’ Twist Your Ethos</title> + +<!--#include virtual="/philosophy/po/no-ip-ethos.translist" --> +<!--#include virtual="/server/banner.html" --> + + <h2>Don't Let ‘Intellectual Property’ Twist Your Ethos</h2> + + <p>by <a href="http://www.stallman.org/">Richard M. + Stallman</a><br /> + June 09, 2006</p> + + <p>Most free software licenses are based on copyright law, and + for good reason: Copyright law is much more uniform among + countries than contract law, which is the other possible + choice.</p> + + <p>There's another reason not to use contract law: It would + require every distributor to get a user's formal assent to the + contract before providing a copy. To hand someone a CD without + getting his signature first would be forbidden. What a pain in + the neck!</p> + + <p>It's true that in countries like China, where copyright law is + generally not enforced, we may also have trouble enforcing free + software license agreements, as Heather Meeker suggests in her + recent LinuxInsider column, <a href= + "http://www.linuxinsider.com/story/50421.html">“Only in + America? Copyright Law Key to Global Free Software + Model”</a>.</p> + + <p>However, this is not a reason to press for more copyright + enforcement in China. Although we would use it to protect + people's freedom, we have to recognize that mostly it would be + used by the likes of Microsoft, Disney and Sony to take it + away.</p> + + <p>Ironically, we might have more success enforcing copyright in + China than Microsoft, Disney and Sony — because what we would + want to do is easier.</p> + + <p>Disney wishes to stamp out semi-underground organizations that + sell exact copies. With free software, regardless of precisely which + free license is used, that kind of copying is legal. What we want to prevent, + when the free software license is the + GNU <a href="/copyleft/gpl.html">GPL</a>, is the release of + proprietary software products based on our code. That kind of abuse + is at its worst when carried out by large, well-known companies + — and they are easier targets for enforcement. So GPL + enforcement in China is not a lost cause, though it won't be + easy.</p> + + <h3>No Chinese Laundry</h3> + + <p>Nonetheless, Meeker's claim that this leads to a global + problem is simply absurd. You can't “launder” + material copyrighted in the U.S. by moving it through China, as + she ought to know.</p> + + <p>If someone violates the GNU GPL by distributing a non-free + modified version of GCC in the U.S., it won't make any difference + if it was obtained or modified in China. U.S. copyright law will + be enforced just the same.</p> + + <p>Although this error might seem to be the central point of + Meeker's article, it is not. The real central point of the article + is the perspective embodied in her use of the term + “intellectual property”. She uses this term pervasively + as though it refers to something coherent — something it makes + sense to talk about and think about. If you believe that, you have + accepted the article's hidden assumption.</p> + + <h3>Loose Language</h3> + + <p>Sometimes Meeker switches between “intellectual + property” and “copyright” as if they were two + names for the same thing. Sometimes she switches between + “intellectual property” and “patents” as if they were + two names for the same thing. Having studied those two laws, + Meeker knows they are vastly different; all they have in common + is an abstract sketch of their form.</p> + + <p>Other “intellectual property” laws don't even + share that much with them. The implication that you can treat + them all as the same thing is fundamentally misleading.</p> + + <p>Along with the term “intellectual property” goes a + false understanding of what these laws are for. Meeker speaks of + an “ethos” of “intellectual property” + that exists in the U.S. because “intellectual property is + in the Constitution.” That's the mother of all + mistakes.</p> + + <p>What is really in the U.S. Constitution? It doesn't mention + “intellectual property”, and it says nothing at all + about most of the laws that term is applied to. Only two of them — + copyright law and patent law — are treated there.</p> + + <p>What does the Constitution say about them? What is its ethos? + It is nothing like the “intellectual property ethos” + that Meeker imagines.</p> + + <h3>Failure to Execute</h3> + + <p>What the Constitution says is that copyright law and patent law + are optional. They need not exist. It says that if they do exist, + their purpose is to provide a public benefit — to promote + progress by providing artificial incentives.</p> + + <p>They are not rights that their holders are entitled to; they + are artificial privileges that we might, or might not, want to + hand out to encourage people to do what we find useful.</p> + + <p>It's a wise policy. Too bad Congress — which has to carry + it out on our behalf — takes its orders from Hollywood and + Microsoft instead of from us.</p> + + <p>If you appreciate the U.S. Constitution's wisdom, don't let + “intellectual property” into your ethos; don't let + the “intellectual property” meme infect your + mind.</p> + + <p>Practically speaking, copyright and patent and trademark law + have only one thing in common: Each is legitimate only as far as + it serves the public interest. Your interest in your freedom is a + part of the public interest that must be served.</p> + +</div><!-- for id="content", starts in the include above --> + +<!--#include virtual="/server/footer.html" --> +<div id="footer"> +<div class="unprintable"> + +<p>Please send general FSF & GNU inquiries to +<a href="mailto:gnu@gnu.org"><gnu@gnu.org></a>. +There are also <a href="/contact/">other ways to contact</a> +the FSF. Broken links and other corrections or suggestions can be sent +to <a href="mailto:webmasters@gnu.org"><webmasters@gnu.org></a>.</p> + +<p><!-- TRANSLATORS: Ignore the original text in this paragraph, + replace it with the translation of these two: + + We work hard and do our best to provide accurate, good quality + translations. However, we are not exempt from imperfection. + Please send your comments and general suggestions in this regard + to <a href="mailto:web-translators@gnu.org"> + <web-translators@gnu.org></a>.</p> + + <p>For information on coordinating and submitting translations of + our web pages, see <a + href="/server/standards/README.translations.html">Translations + README</a>. --> +Please see the <a +href="/server/standards/README.translations.html">Translations +README</a> for information on coordinating and submitting translations +of this article.</p> +</div> + +<p>Copyright © 2006, 2007 Free Software Foundation, Inc.</p> + +<p>This page is licensed under a <a rel="license" +href="http://creativecommons.org/licenses/by-nd/3.0/us/">Creative +Commons Attribution-NoDerivs 3.0 United States License</a>.</p> + +<!--#include virtual="/server/bottom-notes.html" --> + +<p class="unprintable">Updated: +<!-- timestamp start --> +$Date: 2014/04/12 12:40:29 $ +<!-- timestamp end --> +</p> +</div> +</div> +</body> +</html> |