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diff --git a/talermerchantdemos/blog/articles/en/ucita.html b/talermerchantdemos/blog/articles/en/ucita.html new file mode 100644 index 0000000..f6dbbe8 --- /dev/null +++ b/talermerchantdemos/blog/articles/en/ucita.html @@ -0,0 +1,248 @@ +<!--#include virtual="/server/header.html" --> +<!-- Parent-Version: 1.86 --> +<title>Why We Must Fight UCITA - GNU Project +- Free Software Foundation</title> +<!--#include virtual="/philosophy/po/ucita.translist" --> +<!--#include virtual="/server/banner.html" --> +<h2>Why We Must Fight UCITA</h2> + +<p> +UCITA is a proposed law, designed by the proprietary software +developers, who are now asking all 50 states of the US to adopt it. +If UCITA is adopted, it will threaten the free software community +<a href="#Note1">(1)</a> with disaster. To understand why, please +read on.</p> +<p> +We generally believe that big companies ought to be held to a strict +standard of liability to their customers, because they can afford it +and because it will keep them honest. On the other hand, individuals, +amateurs, and good samaritans should be treated more favorably.</p> +<p> +UCITA does exactly the opposite. It makes individuals, amateurs, and +good samaritans liable, but not big companies.</p> +<p> +You see, UCITA says that by default a software developer or +distributor is completely liable for flaws in a program; but it also +allows a shrink-wrap license to override the default. Sophisticated +software companies that make proprietary software will use shrink-wrap +licenses to avoid liability entirely. But amateurs, and self-employed +contractors who develop software for others, will often be shafted +because they didn't know about this problem. And we free software +developers won't have any reliable way to avoid the problem.</p> +<p> +What could we do about this? We could try to change our licenses to +avoid it. But since we don't use shrink-wrap licenses, we cannot +override the UCITA default. Perhaps we can prohibit distribution in +the states that adopt UCITA. That might solve the problem—for +the software we release in the future. But we can't do this +retroactively for software we have already released. Those versions +are already available, people are already licensed to distribute them +in these states—and when they do so, under UCITA, they would +make us liable. We are powerless to change this situation by changing +our licenses now; we will have to make complex legal arguments that +may or may not work.</p> +<p> +UCITA has another indirect consequence that would hamstring free +software development in the long term—it gives proprietary +software developers the power to prohibit reverse engineering. This +would make it easy for them to establish secret file formats and +protocols, which there would be no lawful way for us to figure +out.</p> +<p> +That could be a disastrous obstacle for development of free software +that can serve users' practical needs, because communicating with +users of non-free software is one of those needs. Many users today +feel that they must run Windows, simply so they can read and write +files in Word format. Microsoft's “Halloween documents” +announced a plan to use secret formats and protocols as a weapon to +obstruct the development of the GNU/Linux system +<a href="#Note2">(2)</a>.</p> +<p> +Precisely this kind of restriction is now being used in Norway to +prosecute 16-year-old Jon Johansen, who figured out the format of DVDs +to make it possible to write free software to play them on free +operating systems. (The Electronic Frontier Foundation is helping +with his defense; see <a href="http://www.eff.org/">http://www.eff.org</a> +for further information.)</p> +<p> +Some friends of free software have argued that UCITA would benefit our +community, by making non-free software intolerably restrictive, and +thus driving users to us. Realistically speaking, this is unlikely, +because it assumes that proprietary software developers will act +against their own interests. They may be greedy and ruthless, but +they are not stupid.</p> +<p> +Proprietary software developers intend to use the additional power +UCITA would give them to increase their profits. Rather than using +this power at full throttle all the time, they will make an effort to +find the most profitable way to use it. Those applications of UCITA +power that make users stop buying will be abandoned; those that most +users tolerate will become the norm. UCITA will not help us.</p> +<p> +UCITA does not apply only to software. It applies to any sort of +computer-readable information. Even if you use only free software, +you are likely to read articles on your computer, and access data +bases. UCITA will allow the publishers to impose the most outrageous +restrictions on you. They could change the license retroactively at +any time, and force you to delete the material if you don't accept the +change. They could even prohibit you from describing what you see as +flaws in the material.</p> +<p> +This is too outrageous an injustice to wish on anyone, even if it +would indirectly benefit a good cause. As ethical beings, we must not +favor the infliction of hardship and injustice on others on the +grounds that it will drive them to join our cause. We must not be +Machiavellian. The point of free software is concern for each other.</p> +<p> +Our only smart plan, our only ethical plan, is…to defeat UCITA!</p> +<p> +If you want to help the fight against UCITA, by meeting with state +legislators in your state, send mail to Skip Lockwood +<a href="mailto:dfc@dfc.org"><dfc@dfc.org></a>. He can tell you how to +contribute effectively.</p> +<p> +Volunteers are needed most urgently in Virginia and +Maryland <a href="#Note3">(3)</a>, but California and Oklahoma are +coming soon. There will probably be a battle in every state sooner or +later.</p> +<p> +For more information about UCITA, see +<a href="http://web.archive.org/web/20000520080750/http://www.badsoftware.com/uccindex.htm">http://www.badsoftware.com +[Archived Page]</a> or read the UCITA page on +Wikipedia: <a href="http://en.wikipedia.org/wiki/Uniform_Computer_Information_Transactions_Act"> +http://en.wikipedia.org/wiki/Uniform_Computer_Information_Transactions_Act</a>. </p> +<!-- Link broken as of 21 Oct 2012 +InfoWorld magazine is also helping to fight +against UCITA; see +<a href="http://archive.infoworld.com/cgi-bin/displayStory.pl?/features/990531ucita_home.htm"> +http://archive.infoworld.com/cgi-bin/displayStory.pl?/features/990531ucita_home.htm</a> +--> +<h4>Notes</h4> +<ol> +<li id="Note1">Other people have been using the term “open +source” to describe a similar category of software. I use the +term “free software” to show that the Free Software +Movement still exists—that the Open Source Movement has not +replaced or absorbed us. +<p> +If you value your freedom as well as your convenience, I suggest you +use the term “free software”, not “open +source”, to describe your own work, so as to stand up clearly +for your values.</p> +<p> +If you value accuracy, please use the term “free +software”, not “open source”, to describe the work +of the Free Software Movement. The GNU operating system, its +GNU/Linux variant, the many GNU software packages, and the GNU GPL, +are all primarily the work of the Free Software Movement. The +supporters of the Open Source Movement have the right to promote their +views, but they should not do so on the basis of our achievements.</p> +<p> +See <a href="/philosophy/open-source-misses-the-point.html"> +http://www.gnu.org/philosophy/open-source-misses-the-point.html</a> for +more explanation.</p></li> + +<li id="Note2">The system is often called “Linux”, but +properly speaking Linux is actually the kernel, one major component of +the system (see +<a href="/gnu/linux-and-gnu.html">http://www.gnu.org/gnu/linux-and-gnu.html</a>).</li> + +<li id="Note3">The Maryland lower house has approved UCITA; there is a +push to get the state senate to approve it before the end of the +legislative session, on April 10. +<p> +To rush the consideration of this bill is even more obviously foolish +than the bill itself. So if you live in Maryland, please phone or +write to your state senator, saying the senate should at least defer +UCITA for summer study, if it is not rejected outright.</p> +<p> +If you know anyone in Maryland who works with computers, please +forward this message to that person and ask for per support.</p></li> +</ol> + +<hr /> +<p style="text-align:center"> +If you support the anti UCITA campaign, <em>please make prominent links to + this page, http://www.4cite.org [closed].</em> +</p> + +<hr /> +<h4>Links to other articles</h4> +<ul> + <li><a href="https://web.archive.org/web/20160322150920/http://www.ieeeusa.org/policy/issues/UCITA">IEEE + supports the movement to oppose UCITA [Archived Page]</a></li> + + <li><a href="https://www.computerworld.com/article/2593115/cios-join-fight-to-kill-ucita.html">CIOs + join fight to kill UCITA</a></li> + + <li><a href="http://web.archive.org/web/20010818101424/http://interlog.com/~cjazz/bnews7.htm">Anti +UCITA, and other interesting links maintained by Citizens on the Web +[Archived Page]</a> +</li> + +</ul> + +</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. 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