diff options
Diffstat (limited to 'talermerchantdemos/blog/articles/en/ucita.html')
| -rw-r--r-- | talermerchantdemos/blog/articles/en/ucita.html | 248 |
1 files changed, 248 insertions, 0 deletions
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. 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 © 2000, 2008, 2013, 2016, 2017, 2018, 2019 Free Software Foundation, Inc.</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: 2019/04/13 12:56:28 $ +<!-- timestamp end --> +</p> +</div> +</div><!-- for class="inner", starts in the banner include --> +</body> +</html> |