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-<!-- 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="Freedom_002d_002d_002dor-Copyright">
- </a>
- <h1 class="chapter">
- 20. Freedom—or Copyright
- </h1>
- <blockquote class="smallquotation">
- <p>
- This essay addresses how the principles of software freedom apply in
-some cases to other works of authorship and art. It’s included here
-since it involves the application of the ideas of free software.
- </p>
- </blockquote>
- <br>
- <p>
- Copyright was established in the age of the printing press as an
-industrial regulation on the business of writing and publishing. The
-aim was to encourage the publication of a diversity of written works.
-The means was to require publishers to get the author’s permission to
-publish recent writings. This enabled authors to get income from
-publishers, which facilitated and encouraged writing. The general
-reading public received the benefit of this, while losing little:
-copyright restricted only publication, not the things an ordinary
-reader could do. That made copyright arguably a beneficial system for
-the public, and therefore arguably legitimate.
- </p>
- <p>
- Well and good—back then.
- </p>
- <p>
- Now we have a new way of distributing information: computers and
-networks. Their benefit is that they facilitate copying and
-manipulating information, including software, musical recordings,
-books, and movies. They offer the possibility of unlimited access to
-all sorts of data—an information utopia.
- </p>
- <p>
- One obstacle stood in the way: copyright. Readers and listeners who
-made use of their new ability to copy and share published information
-were technically copyright infringers. The same law which had
-formerly acted as a beneficial industrial regulation on publishers had
-become a restriction on the public it was meant to serve.
- </p>
- <p>
- In a democracy, a law that prohibits a popular and useful activity is
-usually soon relaxed. Not so where corporations have political power.
-The publishers’ lobby was determined to prevent the public from taking
-advantage of the power of their computers, and found copyright a
-handy weapon. Under their influence, rather than relaxing copyright
-rules to suit the new circumstances, governments made them stricter than
-ever, imposing harsh penalties on the practice of sharing. The latest
-fashion in supporting the publishers against the citizens, known as
-“three strikes,” is to cut off people’s Internet connections if
-they share.
- </p>
- <p>
- But that wasn’t the worst of it. Computers can be powerful tools of
-domination when software suppliers deny users the control of the
-software they run. The
-publishers realized that by publishing works in encrypted format,
-which only specially authorized software could view, they could gain
-unprecedented power: they could compel readers to pay, and identify
-themselves, every time they read a book, listen to a song, or watch a
-video. That is the publishers’ dream: a
- <a name="index-pay_002dper_002dview">
- </a>
- pay-per-view universe.
- </p>
- <a name="index-DMCA_002c-publishers-and-1">
- </a>
- <p>
- The publishers gained US government support for their dream with the
-Digital Millennium Copyright Act of 1998. This law gave publishers
-power to write their own copyright rules, by implementing them in the
-code of the authorized player software. Under this practice, called
-Digital Restrictions Management, or
- <a name="index-DRM_002c-call-it-_0060_0060Digital-Restrictions-Management_0027_0027-1">
- </a>
- DRM, even reading or listening
-without authorization is forbidden.
- </p>
- <a name="index-e_002dbooks-2">
- </a>
- <p>
- We still have the same old freedoms in using paper books and other
-analog media. But if e-books replace printed books, those freedoms
-will not transfer. Imagine: no more used book stores; no more lending
-a book to your friend; no more borrowing one from the public
- <a name="index-libraries_002c-e_002dbooks-and-1">
- </a>
- library—no more “leaks” that might give someone a
-chance to read without paying. No more purchasing a book anonymously with
-cash—you can only buy an e-book with a credit card. That is
-the world the publishers want to impose on us. If you buy the
- <a name="index-Amazon">
- </a>
- Amazon
- <a name="index-Kindle-_0028see-also-Swindle_0029">
- </a>
- Kindle (we call it the
- <a name="index-Swindle">
- </a>
- Swindle) or the
- <a name="index-Sony-Reader-_0028call-it-the-Shreader_0029">
- </a>
- Sony Reader (we
-call it the Shreader for what it threatens to do to books), you pay to
-establish that world.
- </p>
- <p>
- The
- <a name="index-Swindle-1">
- </a>
- Swindle even has an Orwellian back door that can be used to erase
-books remotely. Amazon demonstrated this capability by erasing
-copies, purchased from Amazon, of
- <a name="index-Orwell_002c-George">
- </a>
- Orwell’s book
- <a name="index-1984_002c-George-Orwell">
- </a>
- <cite>
- 1984.
- </cite>
- Evidently
-Amazon’s name for this product reflects the intention to burn our
-books.
- </p>
- <p>
- Public anger against DRM is slowly growing, held back because
-propaganda expressions such
-as
- <a name="index-_0060_0060protection_002c_0027_0027-erroneous-use-of-term-1">
- </a>
- “protect
-authors”
-and
- <a name="index-_0060_0060intellectual-property_002c_0027_0027-bias-and-fallacy-of-term-_0028see-also-ownership_0029-7">
- </a>
- “intellectual
-property” have convinced readers that their rights do not
-count. These terms implicitly assume that publishers deserve special
-power in the name of the authors, that we are morally obliged to bow
-to them, and that we have wronged someone if we see or hear
-anything without paying for permission.
- </p>
- <p>
- The organizations that profit most from copyright legally exercise it
-in the name of the authors (most of whom gain little). They would
-have you believe that copyright is a natural right of authors, and
-that we the public must suffer it no matter how painful it is. They
-call sharing
- <a name="index-_0060_0060piracy_002c_0027_0027-erroneous-use-of-term-7">
- </a>
- “piracy,” equating helping your neighbor with
-attacking a ship.
- </p>
- <a name="index-War-on-Sharing-_0028see-also-DRM-and-copyright_0029">
- </a>
- <p>
- They also tell us that a War on Sharing is the only way to keep
-art alive. Even if true, it would not justify the policy; but it
-isn’t true. Public sharing of copies is likely to increase the sales of
-most works, and decrease sales only for big hits.
- </p>
- <a name="index-e_002dbooks-3">
- </a>
- <p>
- Bestsellers can still do well without forbidding sharing.
- <a name="index-King_002c-Stephen">
- </a>
- Stephen
-King got hundreds of thousands of dollars selling an unencrypted
-e-book serial with no obstacle to copying and sharing. (He was
-dissatisfied with that amount and called the experiment a failure, but it looks
-like a success to me.)
- <a name="index-Radiohead">
- </a>
- Radiohead made millions in 2007 by inviting
-fans to copy an album and pay what they wished, while it was also
-shared through
- <a name="index-peer_002dto_002dpeer">
- </a>
- peer-to-peer. In
-2008,
- <a name="index-Nine-Inch-Nails">
- </a>
- Nine Inch Nails released an album with permission to share copies and
-made $750,000 in a few days.
- <a href="#FOOT43" name="DOCF43">
- (43)
- </a>
- </p>
- <p>
- The possibility of success without oppression is not limited to
-bestsellers. Many artists of various levels of fame now make an
-adequate living through voluntary support:
- <a href="#FOOT44" name="DOCF44">
- (44)
- </a>
- donations and merchandise purchases of their fans.
- <a name="index-Kelly_002c-Kevin">
- </a>
- Kevin Kelly
- <a href="#FOOT45" name="DOCF45">
- (45)
- </a>
- estimates the artist need
-only find around 1,000 true fans.
- <a href="#FOOT46" name="DOCF46">
- (46)
- </a>
- </p>
- <p>
- When computer networks provide an easy anonymous method for sending
-someone a small amount of money, without a credit card, it will be
-easy to set up a much better system to support the arts. When you
-view a work, there will be a button you can press saying, “Click
-here to send the artist one dollar.” Wouldn’t you press it, at
-least once a week?
- </p>
- <p>
- Another good way to support music and the arts is with
-tax funds—perhaps a tax on blank media
-or on Internet connectivity. The state should
-distribute the tax money entirely to the artists, not
-waste it on corporate executives. But the state should not distribute
-it in linear proportion to popularity, because that would give most of
-it to a few superstars, leaving little to support all the other
-artists. I therefore recommend using a cube-root function or
-something similar. With linear proportion, superstar A with 1,000
-times the popularity of a successful artist B will get 1,000 times as
-much money as B. With the cube root, A will get 10 times as much as
-B. Thus, each superstar gets a larger share than a less popular
-artist, but most of the funds go to the artists who really need this
-support. This system will use our tax money efficiently to support
-the arts.
- </p>
- <a name="index-Global-Patronage-_0028see-also-DRM-and-copyright_0029">
- </a>
- <p>
- The Global Patronage
- <a href="#FOOT47" name="DOCF47">
- (47)
- </a>
- proposal
-combines aspects of those two systems, incorporating mandatory
-payments with voluntary allocation among artists.
- </p>
- <a name="index-Spain-1">
- </a>
- <p>
- In Spain, this tax system should replace the
- <a name="index-SGAE">
- </a>
- SGAE
- <a href="#FOOT48" name="DOCF48">
- (48)
- </a>
- and its canon,
-which could be eliminated.
- </p>
- <a name="index-call-to-action_002c-boycott-products-with-DRM">
- </a>
- <a name="index-call-to-action_002c-legalize-noncommercial-copying-and-sharing-of-all-published-works">
- </a>
- <p>
- To make copyright fit the network age, we should legalize the
-noncommercial copying and sharing of all published works, and prohibit
-DRM. But until we win this battle, you must protect yourself: don’t
-buy any products with DRM unless you personally have the means to
-break the DRM. Never use a product designed to attack your freedom
-unless you can nullify the attack.
- <a name="index-DRM_002c-call-it-_0060_0060Digital-Restrictions-Management_0027_0027-2">
- </a>
- </p>
- <div class="footnote">
- <hr>
- <h3>
- Footnotes
- </h3>
- <h3>
- <a href="#DOCF43" name="FOOT43">
- (43)
- </a>
- </h3>
- <p>
- “Nine Inch Nails Made at Least $750k from CC Release in Two Days,” posted by Cory Doctorow, 5 March 2008,
- <a href="http://boingboing.net/2008/03/05/nine-inch-nails-made.html">
- http://boingboing.net/2008/03/05/nine-inch-nails-made.html
- </a>
- .
- </p>
- <h3>
- <a href="#DOCF44" name="FOOT44">
- (44)
- </a>
- </h3>
- <p>
- Mike Masnick,
-“The Future of Music Business Models (and Those Who Are Already
-There),” 25 January 2010,
- <a href="http://techdirt.com/articles/20091119/1634117011.shtml">
- http://techdirt.com/articles/20091119/1634117011.shtml
- </a>
- .
- </p>
- <h3>
- <a href="#DOCF45" name="FOOT45">
- (45)
- </a>
- </h3>
- <p>
- Kevin Kelly is a commentator on digital culture
-and the founder of
- <cite>
- Wired
- </cite>
- magazine.
- </p>
- <h3>
- <a href="#DOCF46" name="FOOT46">
- (46)
- </a>
- </h3>
- <p>
- Kevin Kelly, “1,000 True
-Fans,” 4 March 2008,
- <a href="http://kk.org/thetechnium/archives/2008/03/1000_true_fans.php">
- http://kk.org/thetechnium/archives/2008/03/1000_true_fans.php
- </a>
- .
- </p>
- <h3>
- <a href="#DOCF47" name="FOOT47">
- (47)
- </a>
- </h3>
- <p>
- See
- <a href="http://mecenatglobal.org/">
- http://mecenatglobal.org/
- </a>
- for more information.
- </p>
- <h3>
- <a href="#DOCF48" name="FOOT48">
- (48)
- </a>
- </h3>
- <p>
- The SGAE is Spain’s main copyright collective for composers, authors,
-and publishers.
- </p>
- </hr>
- </div>
- <hr size="2"/>
- </br>
-