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diff --git a/talermerchantdemos/blog/articles/en/public-domain-manifesto.html b/talermerchantdemos/blog/articles/en/public-domain-manifesto.html new file mode 100644 index 0000000..9d475d0 --- /dev/null +++ b/talermerchantdemos/blog/articles/en/public-domain-manifesto.html @@ -0,0 +1,155 @@ +<!--#include virtual="/server/header.html" --> +<!-- Parent-Version: 1.90 --> +<title>Why I Will Not Sign the Public Domain Manifesto +- GNU Project - Free Software Foundation</title> +<link rel="canonical" href="http://www.fsf.org/blogs/rms/public-domain-manifesto" /> +<!--#include virtual="/philosophy/po/public-domain-manifesto.translist" --> +<!--#include virtual="/server/banner.html" --> +<h2>Why I Will Not Sign the Public Domain Manifesto</h2> + +<p>by <a href="http://www.stallman.org/">Richard M. Stallman</a></p> + +<p>The Public Domain Manifesto +(<a href="https://publicdomainmanifesto.org/manifesto/">https://publicdomainmanifesto.org/manifesto/</a>) +has its heart in the right place as it objects to some of the unjust +extensions of copyright power, so I wish I could support it. However, +it falls far short of what is needed.</p> + +<p>Some flaws are at the level of implicit assumptions. The manifesto +frequently uses <a href="/philosophy/words-to-avoid.html">propaganda +terms</a> of the copyright industry, such as +<a href="/philosophy/words-to-avoid.html#Protection">“copyright +protection”</a>. These terms were chosen to lead people to +sympathize with the copyright industry and its demands for power.</p> + +<p>The manifesto and its signatories use the term “intellectual +property”, which confuses the issue of copyright by lumping it +together with a dozen other laws that have nothing significant in +common. +(See <a href="/philosophy/not-ipr.html">http://www.gnu.org/philosophy/not-ipr.html</a> +for more explanation about this point.) Ironically it uses the term +first in a sentence which points out that this manifesto is concerned +only with copyright law, not with those other laws. That is with good +reason: the other laws are not relevant to copying and using published +works. If we seek to teach the public to distinguish between these +laws, we should avoid setting an example which spuriously lumps them +together.</p> + +<p>General Principle 2 repeats the common error that copyright should +balance the public interest with “protecting and rewarding the +author”. This error interferes with proper judgment of any +copyright policy question, since that should be based on the public +interest. +<a href="/philosophy/misinterpreting-copyright.html">http://www.gnu.org/philosophy/misinterpreting-copyright.html</a> +explains this error and how to avoid it.</p> + +<p>It would be difficult to stand aside from a campaign for the right +goals merely because it was written with unclear words. However, the +manifesto falls far short in its specific goals too. It is not that I +oppose them. Any one of its demands, individually, would be a step +forward, even though the wording of some of them discourages me from +signing my name to them.</p> + +<p>Rather the problem is that it fails to ask for the most important +points. I cannot say, “This manifesto is what I stand +for.” I cannot say, “I support what's in this +manifesto,” unless I can add, equally visibly, “But it +fails to mention the most important points of all.”</p> + +<p>General Principle 5 opposes contracts that restrict use of copies +of public domain works. But where we most need to oppose such +contracts is where they apply to works that are still copyrighted +(this is how Amazon tries to claim that you don't own the e-book that +you bought). Likewise, General Principle 5 +condemns <abbr title="Digital Restrictions Management">DRM</abbr>, +but only when it applies to a public domain work. In effect, it +legitimizes most real DRM by omitting it from criticism.</p> + +<p>I've saved the biggest omission for last. General Recommendation 9 +calls for allowing “personal copying” of copyrighted +works. Since it omits the issue of the freedom to share copies of +published works with others, it fails to address the nastiest aspect +of copyright: the +vicious <a href="http://www.fsf.org/blogs/community/war-on-sharing-riaa-lawsuits">War +on Sharing</a> that the entertainment companies are now waging.</p> + +<p>The demands and recommendations of the Public Domain Manifesto +would be a step forward. It may do some good if it inspires people +who have accepted the industry position to begin to doubt it. +However, if we adopt this manifesto as our goal, it will distract us +from what we really need to fight for.</p> + +<p>The Public Domain Manifesto tries to defend our freedom within the +walled garden of the public domain, but abandons that freedom outside +it. This is not enough.</p> + +<p>I ask the authors of the Public Domain Manifesto, and the public, +to please join me in demanding the freedom to noncommercially share +copies of all published works. Also please +join <a href="http://defectivebydesign.org">DefectiveByDesign.org</a> +and help our fight against DRM wherever it may be found.</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> + +<!-- Regarding copyright, in general, standalone pages (as opposed to + files generated as part of manuals) on the GNU web server should + be under CC BY-ND 4.0. Please do NOT change or remove this + without talking with the webmasters or licensing team first. + Please make sure the copyright date is consistent with the + document. For web pages, it is ok to list just the latest year the + document was modified, or published. + + If you wish to list earlier years, that is ok too. + Either "2001, 2002, 2003" or "2001-2003" are ok for specifying + years, as long as each year in the range is in fact a copyrightable + year, i.e., a year in which the document was published (including + being publicly visible on the web or in a revision control system). + + There is more detail about copyright years in the GNU Maintainers + Information document, www.gnu.org/prep/maintain. --> + +<p>Copyright © 2010, 2015, 2019, 2020 Richard Stallman</p> + +<p>This page is licensed under a <a rel="license" +href="http://creativecommons.org/licenses/by-nd/4.0/">Creative +Commons Attribution-NoDerivatives 4.0 International License</a>.</p> + +<!--#include virtual="/server/bottom-notes.html" --> + +<p class="unprintable">Updated: +<!-- timestamp start --> +$Date: 2020/07/01 15:25:23 $ +<!-- timestamp end --> +</p> +</div> +</div> +</body> +</html> |