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diff --git a/talermerchantdemos/blog/articles/scrap1_17.html b/talermerchantdemos/blog/articles/scrap1_17.html deleted file mode 100644 index 8ea4d7b..0000000 --- a/talermerchantdemos/blog/articles/scrap1_17.html +++ /dev/null @@ -1,456 +0,0 @@ -<!-- 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 -worldwide, without royalty, in any medium, provided this notice is -preserved. Permission is granted to copy and distribute translations -of this book from the original English into another language provided -the translation has been approved by the Free Software Foundation and -the copyright notice and this permission notice are preserved on all -copies. - -ISBN 978-0-9831592-0-9 -Cover design by Rob Myers. - -Cover photograph by Peter Hinely. - --> - - - <a name="The-Right-to-Read_003a-A-Dystopian-Short-Story"> - </a> - <h1 class="chapter"> - 17. The Right to Read: A Dystopian Short Story - </h1> - <a name="index-_0060_0060Right-to-Read_003a-A-Dystopian-Short-Story_0027_0027-_0028see-also-DMCA_002c-DRM_002c-fair-use_002c-and-libraries_0029"> - </a> - <p> - <em> - From - <cite> - <span class="roman"> - The Road to Tycho, - </span> - </cite> - a collection of articles about the antecedents of the Lunarian Revolution, published in Luna City in 2096. - </em> - <br> - For Dan Halbert, the road to Tycho began in college—when Lissa -Lenz asked to borrow his computer. Hers had broken down, and unless -she could borrow another, she would fail her midterm project. There -was no one she dared ask, except Dan. - </br> - </p> - <p> - This put Dan in a dilemma. He had to help her—but if he lent -her his computer, she might read his books. Aside from the fact that -you could go to prison for many years for letting someone else read -your books, the very idea shocked him at first. Like everyone, he had -been taught since elementary school that sharing books was nasty and -wrong—something that only pirates would do. - </p> - <p> - And there wasn’t much chance that the SPA—the Software -Protection Authority—would fail to catch him. In his software -class, Dan had learned that each book had a copyright monitor that -reported when and where it was read, and by whom, to Central -Licensing. (They used this information to catch reading pirates, but -also to sell personal interest profiles to retailers.) The next time -his computer was networked, Central Licensing would find out. He, as -computer owner, would receive the harshest punishment—for not -taking pains to prevent the crime. - </p> - <p> - Of course, Lissa did not necessarily intend to read his books. She -might want the computer only to write her midterm. But Dan knew she -came from a middle-class family and could hardly afford the tuition, -let alone her reading fees. Reading his books might be the only way -she could graduate. He understood this situation; he himself had had -to borrow to pay for all the research papers he read. (Ten percent of those -fees went to the researchers who wrote the papers; since Dan aimed for -an academic career, he could hope that his own research papers, if -frequently referenced, would bring in enough to repay this loan.) - </p> - <p> - Later on, Dan would learn there was a time when anyone could go to the -library and read journal articles, and even books, without having to -pay. There were independent scholars who read thousands of pages -without government library grants. But in the 1990s, both commercial -and nonprofit journal publishers had begun charging fees for access. -By 2047, libraries offering free public access to scholarly literature -were a dim memory. - </p> - <p> - There were ways, of course, to get around the SPA and Central -Licensing. They were themselves illegal. Dan had had a classmate in -software, Frank Martucci, who had obtained an illicit debugging tool, -and used it to skip over the copyright monitor code when reading -books. But he had told too many friends about it, and one of them -turned him in to the SPA for a reward (students deep in debt were -easily tempted into betrayal). In 2047, Frank was in prison, not for -pirate reading, but for possessing a debugger. - </p> - <p> - Dan would later learn that there was a time when anyone could have -debugging tools. There were even free debugging tools available on CD -or downloadable over the net. But ordinary users started using them -to bypass copyright monitors, and eventually a judge ruled that this -had become their principal use in actual practice. This meant they -were illegal; the debuggers’ developers were sent to prison. - </p> - <p> - Programmers still needed debugging tools, of course, but debugger -vendors in 2047 distributed numbered copies only, and only to -officially licensed and bonded programmers. The debugger Dan used in -software class was kept behind a special firewall so that it could be -used only for class exercises. - </p> - <p> - It was also possible to bypass the copyright monitors by installing a -modified system kernel. Dan would eventually find out about the free -kernels, even entire free operating systems, that had existed around -the turn of the century. But not only were they illegal, like -debuggers—you could not install one if you had one, without -knowing your computer’s root password. And neither -the FBI nor Microsoft Support would tell you that. - </p> - <p> - Dan concluded that he couldn’t simply lend Lissa his computer. But he -couldn’t refuse to help her, because he loved her. Every chance to -speak with her filled him with delight. And that she chose him to ask -for help, that could mean she loved him too. - </p> - <p> - Dan resolved the dilemma by doing something even more -unthinkable—he lent her the computer, and told her his password. -This way, if Lissa read his books, Central Licensing would think he -was reading them. It was still a crime, but the SPA would not -automatically find out about it. They would only find out if Lissa -reported him. - </p> - <p> - Of course, if the school ever found out that he had given Lissa his -own password, it would be curtains for both of them as students, -regardless of what she had used it for. School policy was that any -interference with their means of monitoring students’ computer use was -grounds for disciplinary action. It didn’t matter whether you did -anything harmful—the offense was making it hard for the -administrators to check on you. They assumed this meant you were -doing something else forbidden, and they did not need to know what it -was. - </p> - <p> - Students were not usually expelled for this—not directly. -Instead they were banned from the school computer systems, and would -inevitably fail all their classes. - </p> - <p> - Later, Dan would learn that this kind of university policy started -only in the 1980s, when university students in large numbers began -using computers. Previously, universities maintained a different -approach to student discipline; they punished activities that were -harmful, not those that merely raised suspicion. - </p> - <p> - Lissa did not report Dan to the SPA. His decision to help her led to -their marriage, and also led them to question what they had been -taught about piracy as children. The couple began reading about the -history of copyright, about the Soviet Union and its restrictions on -copying, and even the original United States Constitution. They moved -to Luna, where they found others who had likewise gravitated away from -the long arm of the SPA. When the Tycho Uprising began in 2062, the -universal right to read soon became one of its central aims. - <a name="index-_0060_0060Right-to-Read_003a-A-Dystopian-Short-Story_0027_0027-_0028see-also-DMCA_002c-DRM_002c-fair-use_002c-and-libraries_0029-1"> - </a> - </p> - <a name="index-DMCA-_0028see-also-_0060_0060Right-to-Read_002c_0027_0027-fair-use_002c-DRM_002c-and-libraries_0029-1"> - </a> - <a name="index-Digital-Millennium-Copyright-Act-_0028DMCA_0029-_0028see-also-DMCA_002c-_0060_0060Right-to-Read_002c_0027_0027-fair-use_002c-DRM_002c-and-libraries_0029"> - </a> - <p> - The right to read is a battle being fought today. Although it may -take 50 years for our present way of life to fade into obscurity, most -of the specific laws and practices described above have already been -proposed; many have been enacted into law in the US and elsewhere. In -the US, the 1998 Digital Millennium Copyright Act (DMCA) established the legal -basis to restrict the reading and lending of computerized books (and -other works as well). The - <a name="index-European-Union"> - </a> - European Union imposed similar restrictions -in a 2001 copyright directive. In - <a name="index-France"> - </a> - France, under the - <a name="index-DADVSI-_0028see-also-both-DMCA-and-DRM_0029"> - </a> - DADVSI law adopted in 2006, mere possession of a copy of - <a name="index-DeCSS-_0028see-also-both-DMCA-and-DRM_0029"> - </a> - DeCSS, the free program -to decrypt video on a DVD, is a crime. - </p> - <p> - In 2001, - <a name="index-Disney"> - </a> - Disney-funded Senator - <a name="index-Hollings_002c-Senator-Ernest"> - </a> - Hollings proposed a bill called the - <a name="index-Security-Systems-Standards-and-Certification-Act-_0028SSSCA_0029-_0028see-also-Consumer-Broadband-and-Digital-Television-Promotion-Act-_0028CBDTPA_0029_0029"> - </a> - SSSCA that would require every new computer to have mandatory -copy-restriction facilities that the user cannot bypass. Following -the - <a name="index-Clipper-chip"> - </a> - Clipper chip and similar US government key-escrow proposals, this -shows a long-term trend: computer systems are increasingly set up to -give absentees with clout control over the people actually using the -computer system. The SSSCA was later renamed to the unpronounceable - <a name="index-Consumer-Broadband-and-Digital-Television-Promotion-Act-_0028CBDTPA_0029-1"> - </a> - CBDTPA, which was glossed as the “Consume But Don’t Try -Programming Act.” - </p> - <p> - The Republicans took control of the US senate shortly thereafter. -They are less tied to - <a name="index-Hollywood"> - </a> - Hollywood than the Democrats, so they did not -press these proposals. Now that the Democrats are back in control, -the danger is once again higher. - </p> - <p> - In 2001 the US began attempting to use the proposed - <a name="index-Free-Trade-Area-of-the-Americas-_0028FTAA_0029"> - </a> - Free Trade Area of -the Americas (FTAA) treaty to impose the same rules on all the countries in -the Western Hemisphere. The FTAA is one of the so-called free -trade treaties, which are actually designed to give business -increased power over democratic governments; imposing laws like the -DMCA is typical of this spirit. The FTAA was effectively killed by - <a name="index-Lula-da-Silva_002c-President"> - </a> - <a name="index-da-Silva_002c-President-Luis-Inacio-Lula"> - </a> - Lula, President of - <a name="index-Brazil-1"> - </a> - Brazil, who rejected the DMCA requirement and -others. -@let@textindent=@gobble -@def@hang{@kern-@defaultparindent}@hangindent=0pt@relax -@def@thisfootno{} -@dofootnote{ - <em> - ^1 - </em> - This note has been updated several times since the first publication of the story.} - </p> - <p> - Since then, the US has imposed similar requirements on countries such -as - <a name="index-Australia"> - </a> - Australia and - <a name="index-Mexico"> - </a> - Mexico through bilateral “free trade” -agreements, and on countries such as - <a name="index-Costa-Rica"> - </a> - Costa Rica through another -treaty, - <a name="index-CAFTA"> - </a> - CAFTA. - <a name="index-Ecuador"> - </a> - Ecuador’s President - <a name="index-Correa_002c-President-Rafael"> - </a> - Correa refused to sign a -“free trade” agreement with the US, but I’ve heard Ecuador -had adopted something like the DMCA in 2003. - </p> - <a name="index-Microsoft_002c-control-over-users"> - </a> - <p> - One of the ideas in the story was not proposed in reality until 2002. -This is the idea that the - <a name="index-FBI"> - </a> - FBI and Microsoft will keep the -root passwords for your personal computers, and not let you have -them. - </p> - <p> - The proponents of this scheme have given it names such as - <a name="index-_0060_0060trusted-computing_002c_0027_0027-avoid-use-of-term-_0028see-also-treacherous-computing_0029-1"> - </a> - “trusted computing” and - <a name="index-Palladium"> - </a> - “Palladium.” We call -it - <a name="index-treacherous-computing-1"> - </a> - “treacherous -computing” because the effect is to make your computer obey -companies even to the extent of disobeying and defying you. This was -implemented in 2007 as part of - <a name="index-Windows_002c-Vista"> - </a> - <a name="index-Vista_002c-Windows-_0028see-also-both-Windows-and-DRM_0029"> - </a> - Windows Vista; we expect - <a name="index-Apple-_0028see-also-DRM_0029"> - </a> - Apple to do something similar. In this scheme, -it is the manufacturer that keeps the secret code, but -the FBI would have little trouble getting it. - </p> - <p> - What Microsoft keeps is not exactly a password in the traditional -sense; no person ever types it on a terminal. Rather, it is a -signature and encryption key that corresponds to a second key stored -in your computer. This enables Microsoft, and potentially any web -sites that cooperate with Microsoft, the ultimate control over what -the user can do on his own computer. - </p> - <a name="index-DRM_002c-Vista_0027s-main-purpose"> - </a> - <p> - Vista also gives Microsoft additional powers; for instance, Microsoft -can forcibly install upgrades, and it can order all machines running -Vista to refuse to run a certain device driver. The main purpose of -Vista’s many restrictions is to impose DRM (Digital Restrictions -Management) that users can’t overcome. The threat of DRM is why we -have established the - <a name="index-Defective-by-Design-_0028see-also-DRM_0029-1"> - </a> - Defective by Design campaign. - </p> - <a name="index-Software-Publishers-Association-_0028SPA_0029-2"> - </a> - <p> - When this story was first written, the SPA was threatening small -Internet service providers, demanding they permit the SPA to monitor -all users. Most - <a name="index-ISP-_0028Internet-Service-Provider_0029"> - </a> - ISPs surrendered when threatened, because they cannot -afford to fight back in court. One ISP, - <a name="index-Community-ConneXion"> - </a> - Community ConneXion in -Oakland, California, refused the demand and was actually sued. The -SPA later dropped the suit, but obtained the DMCA, which gave them the -power they sought. - <a name="index-DMCA-_0028see-also-_0060_0060Right-to-Read_002c_0027_0027-fair-use_002c-DRM_002c-and-libraries_0029-2"> - </a> - <a name="index-Digital-Millennium-Copyright-Act-_0028DMCA_0029-_0028see-also-DMCA_002c-_0060_0060Right-to-Read_002c_0027_0027-fair-use_002c-DRM_002c-and-libraries_0029-1"> - </a> - </p> - <p> - The SPA, which actually stands for Software Publishers Association, -has been replaced in its police-like role by the - <a name="index-Business-Software-Alliance-_0028BSA_0029-_0028see-also-Software-Publishers-Association-_0028SPA_0029_0029"> - </a> - Business -Software Alliance. The BSA is not, today, an official police force; -unofficially, it acts like one. Using methods reminiscent of the -erstwhile - <a name="index-Soviet-Union-2"> - </a> - Soviet Union, it invites people to inform on their coworkers -and friends. A BSA terror campaign in - <a name="index-Argentina"> - </a> - Argentina in 2001 made -slightly veiled threats that people sharing software would be raped. - </p> - <a name="index-universities-2"> - </a> - <p> - The university security policies described above are not imaginary. -For example, a computer at one Chicago-area university displayed this -message upon login: - </p> - <blockquote class="smallquotation"> - <p> - This system is for the use of authorized users only. Individuals using -this computer system without authority or in the excess of their authority -are subject to having all their activities on this system monitored and -recorded by system personnel. In the course of monitoring individuals -improperly using this system or in the course of system maintenance, the -activities of authorized user may also be monitored. Anyone using this -system expressly consents to such monitoring and is advised that if such -monitoring reveals possible evidence of illegal activity or violation of -University regulations system personnel may provide the evidence of such -monitoring to University authorities and/or law enforcement officials. - </p> - </blockquote> - <p> - This is an interesting approach to the - <a name="index-Fourth-Amendment"> - </a> - Fourth Amendment: pressure most -everyone to agree, in advance, to waive their rights under it. - </p> - <a name="References"> - </a> - <h3 class="subheading"> - References - </h3> - <ul> - <li> - United States Patent and Trademark Office, - <cite> - Intellectual Property [ - <em> - sic - </em> - ] and the National Information Infrastructure: The Report of the Working Group on Intellectual Property [ - <em> - sic - </em> - ] Rights, - </cite> - Washington, DC: GPO, 1995. - </li> - <li> - Samuelson, Pamela, “The Copyright Grab,” - <em> - Wired, - </em> - January 1996, n. 4.01. - </li> - <li> - Boyle, James, “Sold Out,” - <em> - New York Times, - </em> - 31 March 1996, sec. 4, p. 15. - </li> - <li> - Editorial, - <em> - Washington Post, - </em> - “Public Data or Private Data,” 3 November 1996, sec. C, p. 6. - </li> - <li> - Union for the Public Domain—an organization that aims to resist and reverse the overextension of copyright and patent powers. - </li> - </ul> - <hr size="2"/> - |