digital-inclusion-in-freedom.html (51782B)
1 <!--#include virtual="/server/header.html" --> 2 <!-- Parent-Version: 1.96 --> 3 <!-- This page is derived from /server/standards/boilerplate.html --> 4 <!--#set var="TAGS" value="essays cultural society" --> 5 <!--#set var="DISABLE_TOP_ADDENDUM" value="yes" --> 6 <title>Is Digital Inclusion a Good Thing? How Can We Make Sure It Is? 7 - GNU Project - Free Software Foundation</title> 8 <style type="text/css" media="print,screen"><!-- 9 ul i { color: brown; } 10 --></style> 11 <!--#include virtual="/philosophy/po/digital-inclusion-in-freedom.translist" --> 12 <!--#include virtual="/server/banner.html" --> 13 <!--#include virtual="/philosophy/ph-breadcrumb.html" --> 14 <!--GNUN: OUT-OF-DATE NOTICE--> 15 <!--#include virtual="/server/top-addendum.html" --> 16 <div class="article reduced-width"> 17 <h2>Is Digital Inclusion a Good Thing? How Can We Make Sure It Is?</h2> 18 19 <address class="byline">by 20 <a href="https://www.stallman.org/">Richard Stallman</a></address> 21 22 <h3 id="intro">INTRODUCTION</h3> 23 24 <p>Digital information and communication technology offers the 25 possibility of a new world of freedom. It also offers possibilities 26 of surveillance and control which dictatorships of the past could only 27 struggle to establish. The battle to decide between these 28 possibilities is being fought now.</p> 29 30 <p>Activities directed at “including” more people in the 31 use of digital technology are predicated on the assumption that such 32 inclusion is invariably a good thing. It appears so, when judged 33 solely by immediate practical convenience. However, if we judge also 34 in terms of human rights, the question of whether digital inclusion is 35 good or bad depends on what kind of digital world we are to be 36 included in. If we wish to work towards digital inclusion as a goal, 37 it behooves us to make sure it is the good kind.</p> 38 39 <p>The digital world today faces six major threats to users' freedom: 40 surveillance, censorship, proprietary software, restricted formats, 41 software as a service, and copyright enforcement. A program to 42 promote “digital inclusion” must take account of these 43 threats, so as to avoid exposing its intended beneficiaries to them. 44 First we look at the nature of these threats; then we propose measures 45 to resist them, collectively and individually.</p> 46 47 <h3 id="surveillance">SURVEILLANCE</h3> 48 49 <p>Digital surveillance systems are spreading. The UK uses computers 50 with cameras to track all car travel. China plans to identify and 51 photograph everyone that uses an Internet cafe.<a id="tex2html1" 52 href="#foot100"><sup>1</sup></a></p> 53 54 <p>Cell phones are Big Brother's tools. Some can be activated by 55 remote command to listen to the user's conversations without giving 56 any sign of listening, by the police<a id="tex2html3" 57 href="#foot101"><sup>2</sup></a> and by unauthorized 58 individuals.<a id="tex2html5" href="#foot102"><sup>3</sup></a> Users 59 are unable to stop this because the software in the phone is not 60 free/libre, thus not under the users' control.</p> 61 62 <p>Cell phones also localize the user, even when set to 63 “idle.” The phone network needs to know roughly where the 64 phone is located in order to communicate with it, and can easily 65 record that information permanently. However, networks are designed 66 to locate phones far more accurately by triangulation. They can do it 67 even better with GPS in the phone, with or without the user's 68 consent.</p> 69 70 <p>In many countries, universal digital surveillance does not record 71 what you say, only who you talk with. But that is enough to be quite 72 dangerous, since it allows the police to follow social networks. If a 73 known dissident talks with you by phone or email, you are a candidate 74 for labeling as a dissident. It is no use ceasing to communicate by 75 phone or email with fellow dissidents when a dictator takes power, 76 because his secret police will have access to records of your past 77 communications.</p> 78 79 <p>The European Union mandates keeping records of all phone calls and 80 email for periods up to two years. The stated purpose of this 81 surveillance is to “prevent terrorism.” Bush's illegal 82 surveillance of phone calls also cited this purpose. 83 Non-state-sponsored terrorism is a real danger in a few countries, but 84 the magnitude is often exaggerated; more people died in the US in 85 September 2001 from car accidents than from terrorism, but we have no 86 Global War on Accidents. By contrast, the practice of labeling 87 political opposition as “terrorists,” and using supposed 88 “anti-terror” laws to infiltrate and sabotage their 89 activities, threatens democracy everywhere. For instance, the US 90 Joint Terrorism Task Force infiltrated a wide range of political 91 opposition groups.<a id="tex2html7" 92 href="#foot103"><sup>4</sup></a></p> 93 94 <p>False accusations of “terrorism” are standard practice 95 for suppressing political opposition. In the US, protesters who 96 smashed windows at the 2008 Republican National Convention were 97 charged with “terrorism.”<a id="tex2html9" 98 href="#foot104"><sup>5</sup></a> More recently, Iran described 99 protesters demanding a new election as 100 “terrorists.”<a id="tex2html11" 101 href="#foot105"><sup>6</sup></a> The generals who ruled most of South 102 America in the 1970s offered precisely that justification for their 103 systematic murder of dissidents.<a id="tex2html13" 104 href="#foot20"><sup>7</sup></a></p> 105 106 <p>A free society does not guarantee anonymity in what you do outside 107 your home: it is always possible that someone will notice where you 108 went on the street, or that a merchant will remember what you bought. 109 This information is dispersed, not assembled for ready use. A 110 detective can track down the people who noticed you and ask them for 111 it; each person may or may not say what he knows about you. The 112 effort required for this limits how often it is done.</p> 113 114 <p>By contrast, systematic digital surveillance collects all the 115 information about everyone for convenient use for whatever purpose, 116 whether it be marketing, infiltration, or arrest of dissidents. 117 Because this endangers the people's control over the state, we must 118 fight against surveillance whether or not we oppose current government 119 policies. Given the surveillance and tracking which cell phones do, I 120 have concluded it is my duty to refuse to have one, despite the 121 convenience it would offer. I have few secrets about my own travels, 122 most of which are for publicly announced speeches, but we need to 123 fight surveillance even if it is established while we have no 124 particular secrets to keep.</p> 125 126 <p>The UK car travel surveillance system has already been used against 127 political dissidents.<a id="tex2html14" 128 href="#foot106"><sup>8</sup></a></p> 129 130 <h3 id="censorship">CENSORSHIP</h3> 131 132 <p>When the topic of Internet censorship is mentioned, people are 133 likely to think of China, but many supposedly freedom-respecting 134 countries have imposed censorship. Denmark's government has blocked 135 access to a secret list of web pages. Australia's government wants to 136 do likewise, but has met strong resistance, so instead it has 137 forbidden links to a long list of URLs. Electronic Frontiers 138 Australia was forced, under threat of fines of AUD 11,000 per day, to 139 remove a link to an anti-abortion political web 140 site.<a id="tex2html16" href="#foot107"><sup>9</sup></a> Denmark's 141 secret list of forbidden URLs was leaked and posted on Wikileaks; that 142 page is now on Australia's banned list.<a id="tex2html18" 143 href="#foot108"><sup>10</sup></a> Germany is on the verge of launching 144 Internet censorship.<a id="tex2html20" 145 href="#foot109"><sup>11</sup></a></p> 146 147 <p>Censorship of the contents of web sites is also a threat. India 148 just announced a broad plan of censorship that would effectively 149 abolish freedom of the press on the Internet.<a id="tex2html22" 150 href="#foot110"><sup>12</sup></a></p> 151 152 <p>Some European countries censor particular political views on the 153 Internet. In the United States, people have been imprisoned as 154 “terrorists” for running a web site which discussed 155 actions taken against experiments on animals.<a id="tex2html24" 156 href="#foot28"><sup>13</sup></a></p> 157 158 <p>Another common excuse for censorship is the claim that 159 “obscene” works are dangerous. I agree that some works 160 are obscene; for instance, the gruesome violence in the movie Pulp 161 Fiction revolted me, and I will try never to see such a thing again. 162 But that does not justify censoring it; no matter how obscene a work 163 may be, censorship is more so. A variant of this excuse is 164 “protecting children,” which plays to the exaggerated and 165 mostly misplaced fears of parents.<a id="tex2html25" 166 href="#foot111"><sup>14</sup></a></p> 167 168 <p>Censorship is nothing new. What is new is the ease and 169 effectiveness of censorship on electronic communication and 170 publication (even where a few wizards have ways to bypass it). China 171 in 1960 achieved effective censorship by cutting its population off 172 from the world, but that held back the country's development, which 173 was painful for the regime as well as for the population. Today China 174 uses digital technology to achieve effective political censorship 175 without cutting itself off in other ways.<a id="tex2html27" 176 href="#foot112"><sup>15</sup></a></p> 177 178 <h3 id="control">SOFTWARE YOU CAN'T CONTROL</h3> 179 180 <p>In order for computer users to have freedom in their own computing 181 activities, they must have control over the software they use. This 182 means it must be <em>free software</em>, which I here call 183 “free/libre” so as to emphasize that this is a matter of 184 freedom, not price.</p> 185 186 <p>A program is free/libre if it gives the user these four essential 187 freedoms:<a id="tex2html29" href="#foot113"><sup>16</sup></a></p> 188 189 <ul class="no-bullet"> 190 <li><i>0.</i> Freedom to run the program as you wish.</li> 191 192 <li><i>1.</i> Freedom to study the source code, and change it to make the 193 program do what you wish.</li> 194 195 <li><i>2.</i> Freedom to redistribute and/or republish exact copies. (This 196 is the freedom to help your neighbor.)</li> 197 198 <li><i>3.</i> Freedom to distribute and/or publish copies of your modified 199 versions. (This is the freedom to contribute to your community.)</li> 200 </ul> 201 202 <p>When software is free/libre, the users control what it does. A 203 nonfree or <em>proprietary</em> program is under the control of its 204 developer, and functions as an instrument to give the developer 205 control over the users. It may be convenient, or it may not, but 206 in either case it imposes on its users a social system that keeps them 207 divided and helpless. Avoiding this injustice and giving users 208 control over their computing requires the four freedoms. Freedoms 0 209 and 1 give you control over your own computing, and freedom 3 enables 210 users to work together to jointly control their computing, while 211 freedom 2 means users are not kept divided.<a id="tex2html31" 212 href="#foot114"><sup>17</sup></a></p> 213 214 <p>Many argue that free/libre software is impossible on theoretical 215 economic grounds. Some of them misinterpret free/libre software as 216 “gratis software”; others understand the term correctly, 217 but either way they claim that businesses will never want to develop 218 such software. Combining this with a theoretical premise such as 219 “Useful software can only be developed by paying 220 programmers,” they conclude that free software could never 221 exist. This argument is typically presented elliptically in the form 222 of a question such as, “How can programmers make a living if 223 software is free?” Both premises, as well as the conclusion, 224 contradict well-known facts; perhaps the elliptical questions are 225 meant to obscure the premises so people will not compare them with the 226 facts.</p> 227 228 <p>We know that free software can be developed because so much of it 229 exists. There are thousands of useful free 230 programs,<a id="tex2html34" href="#foot115"><sup>18</sup></a> and 231 millions of users<a id="tex2html36" 232 href="#foot116"><sup>19</sup></a> run the 233 GNU/Linux<a id="tex2html38" 234 href="#foot117"><sup>20</sup></a> operating system. Thousands of 235 programmers write useful free software as 236 volunteers.<a id="tex2html40" href="#foot118"><sup>21</sup></a> 237 Companies such as Red Hat, IBM, Oracle, and Google pay programmers to 238 write free software. I do not know even approximately how many paid 239 free software developers there are; studying the question would be 240 useful. Alexandre Zapolsky of the free software business event Paris 241 Capitale du Libre (<a 242 href="https://web.archive.org/web/20140402120239/http://paris-libre.org/">www.paris-libre.org</a>) said 243 in 2007 that the free software companies of France had over 10,000 244 employees.</p> 245 246 <p>Most computer users use proprietary software, and are accustomed to 247 letting a few companies control their computing. If you are one of 248 them, you may have accepted the view that it is normal and proper for 249 those companies, rather than you, to have control. You may also 250 believe that “reputable” developers will not use their 251 power to mistreat you. The fact is that they do.</p> 252 253 <p>Microsoft Windows has features to spy on the 254 user,<a id="tex2html43" href="#foot119"><sup>22</sup></a> Digital 255 Restrictions Management (DRM) features designed to stop the user from 256 making full use of his own files,<a id="tex2html45" 257 href="#foot120"><sup>23</sup></a> and an all-purpose back door with 258 which Microsoft can forcibly change the software in any way at any 259 time.<a id="tex2html47" href="#foot121"><sup>24</sup></a> Microsoft 260 can alter any software, not just its own.<a id="tex2html49" 261 href="#foot122"><sup>25</sup></a> Cell phones tied to particular phone 262 networks may give the network a similar back door. MacOS also has DRM 263 features designed to restrict the user.</p> 264 265 <p>The only known defense against malicious features is to insist on 266 software that is controlled by the users: free/libre software. It is 267 not a perfect guarantee, but the alternative is no defense at all. If 268 code is law, those governed by it must have the power to decide what 269 it should say.</p> 270 271 <h3 id="protocols">RESTRICTED FORMATS</h3> 272 273 <p>Restricted file formats impose private control over communication 274 and publication. Those who control the formats control, in a general 275 sense, society's use of information, since it can't be distributed or 276 read/viewed without their permission.</p> 277 278 <p>For instance, text files are often distributed in the secret 279 Microsoft Word format, which other developers have only imperfectly 280 been able to decode and implement. This practice is comparable to 281 publishing books in a secret alphabet which only officially approved 282 scribes know how to read. Italian public television (RAI) distributes 283 video in VC-1 format, whose specifications are available only under 284 nondisclosure agreement from the Society of Motion Picture and 285 Television Engineers. (As of 2016 RAI seems to have shifted to 286 a non-secret format.) Ironically, the SMPTE states this in a Word file, 287 which is not suitable to cite as a reference.<a id="tex2html51" 288 href="#foot123"><sup>26</sup></a> This standard has been partly 289 decoded through reverse engineering.</p> 290 291 <p>Most music distribution on the Internet uses the patented MP3 292 format<a id="tex2html82" href="#foot137"><sup>42</sup></a>, and most 293 video uses patented MPEG-4 formats such as DIVX and H.264. VC-1 is 294 also patented.<a id="tex2html53" href="#foot124"><sup>27</sup></a> 295 Any software patent directly attacks every user's freedom to use her 296 computer. Use of patented data formats is comparable to mandating 297 that people use officially approved scribes rather than do their own 298 reading and writing. Patents on MPEG formats have been used to attack 299 and threaten developers and distributors of programs that can handle 300 these formats, including free/libre programs. Some distributors of 301 the GNU/Linux system, for instance Red Hat, do not dare to include 302 support for these programs.</p> 303 304 <p>A restricted format is a trap; any and all use of the format has 305 the effect of pushing computer users into the trap. Inclusion in 306 dependence on these formats is not a step forward.</p> 307 308 <h3 id="saas">SOFTWARE AS A SERVICE</h3> 309 310 <p>Typical proprietary software gives you only a binary, whose actions 311 are controlled by the developer, and not by you. A new practice 312 called “software as a service,” or “SaaS,” 313 gives you even less control. With SaaS you don't even get a copy of 314 the program you can run. Instead, you send your data to a server, a 315 program runs there, and the server sends you back the result. If 316 users have a binary, they could reverse-engineer it and patch it if 317 they are really determined. With SaaS, they can't even do that.</p> 318 319 <p>Reverse engineering being so difficult, perhaps software as a 320 service is little worse than proprietary software. The point, 321 however, is that it is no better. For users to have control of their 322 computing, they must avoid SaaS just as they must avoid proprietary 323 software.</p> 324 325 <!-- 2021-08-22 http://pdf-express.org unreachable. Now at 326 https://www.ieee.org/conferences/publishing/pdfexpress.html --> 327 <p>For the preparation of this paper I was invited to use an IEEE site 328 called pdf-express.org to convert 329 my PDF file into one with the embedded fonts required for the 330 conference proceedings. Looking at that site, I concluded that it was 331 an instance of software as a service, and therefore I should not use 332 it. Another strike against it is that it requires users to identify 333 themselves, which is gratuitous surveillance.</p> 334 335 <p>It's not that I'm specifically worried that this site is malicious. 336 I cannot trust the IEEE implicitly, since I disapprove of its 337 restrictions on redistributing the papers it publishes, but there is 338 little scope in that particular site's job for intentional 339 mistreatment of its users (aside from the gratuitous surveillance). 340 However, the point is not whether this particular site abuses its 341 power. The point is that we should not let ourselves become 342 accustomed to granting others that sort of power over us. The habit 343 of handing over control of our computing to others is a dangerous one. 344 The way to resist the practice is to refuse invitations to follow 345 it.</p> 346 347 <p>The only way to maintain your control over your computing is to do 348 it using your own copy of a free/libre program.</p> 349 350 <h3 id="copyright">COPYRIGHT AND SHARING</h3> 351 352 <p>The biggest conflict over freedom in the Internet is the War on 353 Sharing: the attempt by the publishing industry to prevent Internet 354 users from enjoying the capability to copy and share information.</p> 355 356 <p>Copyright was established in the age of the printing press as an 357 industrial regulation on the business of writing and publishing. The 358 aim was to encourage the publication of a diversity of written works. 359 The means used was to require publishers to get the author's 360 permission to publish recent writings. This enabled authors to get 361 income from publishers, which facilitated and encouraged writing. The 362 general reading public received the benefit of this, while losing 363 little: copyright restricted only publication, not the things an 364 ordinary reader could do, so it was easy to enforce and met with 365 little opposition. That made copyright arguably a beneficial system 366 for the public, and therefore legitimate.</p> 367 368 <p>Well and good—back then.</p> 369 370 <h4 id="waronsharing">The War on Sharing</h4> 371 372 <p>Nowadays, computers and networks provide superior means for 373 distributing and manipulating information, including published 374 software, musical recordings, texts, images, and videos. Networks 375 offer the possibility of unlimited access to all sorts of 376 data—an information utopia.</p> 377 378 <p>The works that people use to do practical jobs, such as software, 379 recipes, text fonts, educational works and reference works, must be 380 free/libre so that the users can control (individually and 381 collectively) the jobs that they do with these works. That argument 382 does not apply to other kinds of works, such as those which state what 383 certain people thought, and artistic works, so it is not ethically 384 obligatory for them to be free/libre. But there is a minimum freedom 385 that the public must have for all published works: the freedom to 386 share exact copies noncommercially. Sharing is good; sharing creates 387 the bonds of society. When copying and sharing a book was so 388 difficult that one would hardly ask such a large favor, the issue of 389 freedom to share was moot. Today, the Internet makes sharing easy, 390 and thus makes the freedom to share essential.</p> 391 392 <p>One obstacle stands in the way of this utopia: copyright. Readers 393 and listeners who make use of their new ability to copy and share 394 published information are technically copyright infringers. The same 395 law which formerly acted as a beneficial industrial regulation on 396 publishers has now become a restriction on the public it was meant to 397 benefit.</p> 398 399 <p>In a democracy, a law that prohibits a popular and useful activity 400 is usually soon relaxed. Not so where corporations have more political 401 power than the public. The entertainment companies' lobby is 402 determined to prevent the public from taking advantage of the power of 403 their computers, and has found copyright a suitable tool. Under their 404 influence, rather than relaxing copyright rules to permit productive 405 and free use of the Internet, governments have made it stricter than 406 ever, forbidding the act of sharing.</p> 407 408 <p>The publishers and their friendly governments would like to go to 409 any length they can get away with to wage the War on Sharing. In the 410 US, the record companies' legal arm (the RIAA) regularly sues 411 teenagers for hundreds of thousands of dollars, and one sharer was 412 fined almost two million.<a id="tex2html56" 413 href="#foot125"><sup>28</sup></a> The French government recently 414 passed a law (HADOPI) to abolish the principle of due process of law, 415 by punishing Internet users with disconnection on the mere accusation 416 of copying. Only certain selected, government-approved organizations 417 were empowered to make such accusations; thus, this law meant to 418 abolish Liberté, Egalité, and Fraternité with one 419 blow. 420 <span class="gnun-split"></span>The law was rejected as unconstitutional by the Constitutional 421 Council.<a id="tex2html58" href="#foot126"><sup>29</sup></a> (It was 422 subsequently changed, introducing a sham trial, to make it acceptable.) A 423 similar law in New Zealand was withdrawn this year after public 424 protests. The European Parliament recently voted against imposing 425 similar injustice on the whole European Union, but the EU's weak form 426 of democracy does not give Parliament the final decision. Some would 427 like to go even further: a UK member of parliament proposed ten years' 428 imprisonment for noncommercial sharing.</p> 429 430 <p>The US, Canada, the European Union, and various other countries are 431 engaged in negotiating the “Anti-Counterfeiting Trade 432 Agreement.” The negotiations are secret, but Canada reluctantly 433 published a list of suggestions it received from private parties, and 434 HADOPI-style punishment without trial was one of 435 them.<a id="tex2html60" href="#foot127"><sup>30</sup></a> The 436 suggestion is likely to have come from the copyright lobby, which has 437 great influence in the US government and others, so the danger is not 438 negligible. European officials may seek to use this treaty to 439 circumvent the European Parliament, following a practice known as 440 “policy laundering.”</p> 441 442 <p>The corporations that profit most from copyright legally exercise 443 it in the name of the authors (most of whom actually gain little). 444 They would have us believe that copyright is a natural right of 445 authors, and that we the public must suffer it no matter how painful 446 it is. They call sharing “piracy,” equating helping your 447 neighbor with attacking a ship.</p> 448 449 <p>Public anger over these measures is growing, but it is held back by 450 propaganda. Terms such as “piracy,”<a id="tex2html62" 451 href="#foot128"><sup>31</sup></a> “protecting authors” and 452 “intellectual property,”<a id="tex2html64" 453 href="#foot129"><sup>32</sup></a> and claims that reading, viewing or 454 listening to anything without paying is “theft,” have 455 convinced many readers that their rights and interests do not count. 456 This propaganda implicitly assumes that publishers deserve the special 457 power which they exercise in the name of the authors, and that we are 458 morally obliged to suffer whatever measures might be needed to 459 maintain their power.</p> 460 461 <h4 id="digitalrestrictionsmanagement">Digital restrictions 462 management</h4> 463 464 <p>The publishers aim to do more than punish sharing. They have 465 realized that by publishing works in encrypted formats, which can be 466 viewed only with software designed to control the users, they could 467 gain unprecedented power over all use of these works. They could 468 compel people to pay, and also to identify themselves, every time they 469 wish to read a book, listen to a song, or watch a video. They could 470 make people's copies disappear on a planned schedule. They could even 471 make copies unreadable at will, if they have all-purpose back-doors 472 such as found in Windows, or special features for the 473 purpose.<a id="tex2html66" href="#foot130"><sup>33</sup></a></p> 474 475 <p>Designing products and media to restrict the user is called Digital 476 Restrictions Management, or DRM.<a id="tex2html68" 477 href="#foot66"><sup>34</sup></a> Its purpose is an injustice: to deny 478 computer users what would otherwise be their legal rights in using 479 their copies of published works. Its method is a second injustice, 480 since it imposes the use of proprietary software.</p> 481 482 <p>The publishers gained US government support for their dream of 483 total power with the Digital Millennium Copyright Act of 1998 (DMCA). 484 This law gave publishers power, in effect, to write their own 485 copyright rules, by implementing them in the code of the authorized 486 player software. Even reading or listening is illegal when the 487 software is designed to block it.</p> 488 489 <p>The DMCA has an exception: it does not forbid uses that qualify as 490 “fair use.” But it strips this exception of practical 491 effect by censoring any software that people could use to do these 492 things. Under the DMCA, any program that could be used to break 493 digital handcuffs is banned unless it has other comparably important 494 “commercially significant” uses. (The denial of validity 495 to any other kind of significance, such as social or ethical 496 significance, explicitly endorses business' domination of society.) 497 Practically speaking, the limited right to disobey your software 498 jailer is meaningless since the means to do so is not available.</p> 499 500 <p>Similar software censorship laws have since been adopted in the 501 European Union, Australia, and New Zealand, and other countries. 502 Canada has tried to do this for several years, but opposition there 503 has blocked it. The publishers' lobbies seek to impose these 504 restrictions on all countries; for instance, the US demands them in 505 trade treaties. WIPO (the World “Intellectual Property” 506 Organization) helps, by promoting two treaties whose sole point is to 507 require laws such as these. Signing these treaties does no good for a 508 country's citizens, and there is no good reason why any country should 509 sign them. But when countries do sign, politicians can cite 510 “compliance with treaty obligations” as an excuse for 511 software censorship.</p> 512 513 <p>We still have the same old freedoms in using paper books and other 514 analog media. But if e-books replace printed books, those freedoms 515 will not transfer. Imagine: no more used book stores; no more lending 516 a book to your friend; no more borrowing one from the public 517 library—no more “leaks” that might give someone a 518 chance to read without paying. No more purchasing a book anonymously 519 with cash—you can only buy an e-book with a credit card, thus 520 enabling computerized surveillance—and public libraries become 521 retail outlets. That is the world the publishers want for us. If you 522 buy the Amazon Kindle (we call it the <a 523 href="/philosophy/why-call-it-the-swindle.html">Swindle</a>) 524 or the Sony Reader (we 525 call it the Shreader for what it threatens to do to books), you pay to 526 establish that world.</p> 527 528 <h3 id="supportingartists">SUPPORTING THE ARTS</h3> 529 530 <p>The publishers tell us that a War on Sharing is the only way to 531 keep art alive. Supporting the arts is a desirable goal, but it could 532 not justify these means. Fortunately, it does not require them 533 either. Public sharing of copies tends to call attention to obscure 534 or niche works: when Monty Python put its video files on the net for 535 download, its sales increased by a factor of over 536 200.<a id="tex2html69" href="#foot131"><sup>35</sup></a> Meanwhile, 537 digital technology also offers new ways to support the arts.</p> 538 539 <h4 id="donations">Donations</h4> 540 541 <p>The singer Jane Siberry offers her music for 542 download through her own web site, called <a id="tex2html71" 543 href="https://janesiberry.com">janesiberry.com</a> in 2010, allowing people to pay 544 whatever amount they wish. The average price paid per song was earlier 545 reported to be more than the $.99 that the major 546 record companies charge.<a id="tex2html72" 547 href="#foot132"><sup>36</sup></a></p> 548 549 <p>Bestsellers also can still do well without stopping people from 550 sharing. Stephen King got hundreds of thousands of dollars selling a 551 serialized unencrypted e-book with no technical obstacle to sharing of 552 copies. Radiohead made millions in 2007 by inviting fans to copy an 553 album and pay what they wished, while it was also shared on the 554 Internet. In 2008, Nine Inch Nails released an album with permission 555 to share copies and made 750,000 dollars in a few 556 days.<a id="tex2html74" href="#foot133"><sup>37</sup></a></p> 557 558 <p>Even hampered by today's inconvenient methods of sending money to 559 artists, voluntary contributions from fans can support them. Kevin 560 Kelly, former editor of Wired Magazine, estimates the artist need only 561 find approximately 1,000 true fans in order to earn a living from 562 their support.<a id="tex2html76" 563 href="#foot134"><sup>38</sup></a></p> 564 565 <p>But when computer networks provide an easy anonymous method for 566 sending someone a small amount of money, without requiring a credit 567 card, voluntary support for artists will become far more effective. 568 Every player could have a button you can press, “Click here to 569 send the artists one dollar.” (The optimal amount may vary 570 between countries; in India, one rupee might be a better choice.) 571 Wouldn't you press it, at least once a week?</p> 572 573 <p>Why, today, would you hesitate to send one dollar to an artist, 574 once a week or even once a day? Not because you would miss the 575 dollar, but because of the inconvenience of sending it. Remove the 576 inconvenience, and voluntary support for artists will soar.</p> 577 578 <h4 id="tax">Tax-based support</h4> 579 580 <p>Another way to support the arts is with tax funds: perhaps with a 581 special tax on blank media or Internet connectivity, or with general 582 revenue.<a id="tex2html78" href="#foot135"><sup>39</sup></a> If this 583 is to succeed in supporting artists, the state should distribute the 584 tax money directly and entirely to them, and make sure it cannot under 585 any pretext be taken from them by publishers such as record companies. 586 Thus, in order to design this tax system to achieve the valid goal of 587 “supporting the arts,” we must first reject the misguided 588 goal of “compensating the rights-holders.”</p> 589 590 <p>The state should not distribute this tax money in linear proportion 591 to popularity, because that would give most of it to superstars, 592 leaving little to support all the other artists. I therefore 593 recommend using a function whose derivative is positive but tends 594 towards zero, such as cube root. With cube root, if superstar A has 595 1000 times the popularity of successful artist B, A will get 10 times 596 as much money as B. (A linear system would give A 1000 times as much 597 as B.) This way, although each superstar still gets a larger share 598 than other artists, the superstars together will get only a small 599 fraction of the funds, so that the system can adequately support a 600 large number of fairly popular artists. This system would use its 601 funds efficiently for the support of art.</p> 602 603 <p>I propose this system for art because art is where the controversy 604 is. There is no fundamental reason why a tax-based system should not 605 also be used to support functional works that ought to be free/libre, 606 such as software and encyclopedias, but there is a practical 607 difficulty in doing so: it is common for those works to have thousands 608 of coauthors, and figuring out the right way to divide the funds among 609 them might be difficult even with the cooperation and generosity of 610 everyone involved. Fortunately it appears not to be necessary to 611 solve this problem, because people already put so much effort into 612 developing free/libre functional works.</p> 613 614 <p>Francis Muguet<a id="tex2html80" href="#foot79"><sup>40</sup></a> 615 and I have developed a new proposal called the Mécénat 616 Global (or Global Patronage) which combines the idea of tax-support 617 and voluntary payments.<a id="tex2html81" 618 href="#foot136"><sup>41</sup></a> Every Internet subscriber would pay 619 a monthly fee to support certain arts that are shared on the Internet. 620 Each user could optionally divide up to a certain maximum portion of 621 her fee among her choice of works; the funds for each work would be 622 divided among the creative contributors to the work (but not the 623 publishers). The totals thus assigned to various artists would also 624 provide a measure of each artist's popularity. The system would then 625 distribute the rest of the money on the basis of that popularity, 626 using a cube-root or similar tapering-off function.</p> 627 628 <h3 id="makingitgood">MAKING DIGITAL INCLUSION GOOD</h3> 629 630 <p>The paper so far describes the factors that can make digital 631 inclusion good or bad. These factors are part of human society and 632 subject to our influence. Beyond just asking whether and when digital 633 inclusion is a good thing, we can consider how to make sure it is 634 good.</p> 635 636 <h4 id="legally">Defending freedom legally</h4> 637 638 <p>Full victory over the threats to digital freedom can only be 639 achieved through changes in laws. Systematic collection or retention 640 of information on any person using computers and/or networks should 641 require a specific court order; travel and communication within any 642 country should normally be anonymous. States should reject censorship 643 and adopt constitutional protections against it. States should 644 protect their computing sovereignty by using only free software, and 645 schools should teach only free software in order to carry out their 646 mission to educate good citizens of a strong, free and cooperating 647 society.</p> 648 649 <p>To respect computer users' freedom to operate their computers, 650 states should not allow patents to apply to software or (more 651 generally) using computers in particular ways. States should mandate 652 their own use of freely implementable, publicly documented formats for 653 all communication with the public, and should lead the private sector 654 also to use only these formats. To make copyright acceptable in the 655 network age, noncommercial copying and sharing of published works 656 should be legal. Commercial use of DRM should be prohibited, and 657 independently developed free software to access DRM formats should be 658 lawful.</p> 659 660 <p>To make these changes in laws happen, we need to organize. The 661 Electronic Frontier Foundation (<a href="https://www.eff.org/">eff.org</a>) 662 campaigns against censorship and surveillance. End Software Patents 663 (<a href="https://endsoftpatents.org/">endsoftpatents.org</a>) campaigns against 664 software patents. The Free Software Foundation campaigns against DRM 665 through the site 666 <a href="https://www.defectivebydesign.org/">DefectiveByDesign.org</a>.</p> 667 668 <h4 id="personally">Defending freedom personally</h4> 669 670 <p>While we fight these legislative battles, we should also personally 671 reject products and services designed to take away our freedom. To 672 resist surveillance, we should avoid identifying ourselves to web 673 sites unless it is inherently necessary, and we should buy things 674 anonymously—with cash, not with bank cards. To maintain control 675 of our computing, we should not use proprietary software or software 676 as a service.</p> 677 678 <p>Above all, we should never buy or use products that implement DRM 679 handcuffs unless we personally have the means to break them. Products 680 with DRM are a trap; don't take the bait!</p> 681 682 <h4 id="others">Defending others' freedom</h4> 683 684 <p>We can take direct action to protect others' freedom in the digital 685 world. For instance, we can remove the passwords from our wireless 686 networks—it is safe, and it weakens government surveillance 687 power. (The way to protect the privacy of our own Internet 688 communications, to the extent that it is possible, is with end-to-end 689 encryption.) If others use enough of the bandwidth to cause actual 690 inconvenience, we need to protect ourselves, but we can try gentle 691 methods first (such as talking with the neighbors, or setting a 692 password occasionally for a day or two), and keep the option of a 693 permanent password as a last resort.</p> 694 695 <p>When we publish, we should grant the users of our work the freedoms 696 they deserve, by applying an explicit license appropriate to the type 697 of work. For works that state your thoughts or observations, and 698 artistic works, the license should permit at least noncommercial 699 redistribution of exact copies; any Creative Commons license is 700 suitable. (I insisted on such a license for this article.) Works 701 that do functional jobs, such as software, reference works and 702 educational works, should carry a free/libre license that grants users 703 the four freedoms.</p> 704 705 <h4 id="inclusioninfreedom">Inclusion in freedom</h4> 706 707 <p>In our efforts to help others in practical ways, we must avoid 708 doing them harm at a deeper level. Until freedom is generally assured 709 in Internet use, projects for digital inclusion must take special care 710 that the computing they promote is the freedom-respecting kind. This 711 means using free/libre software—certainly not Windows or MacOS. 712 This means using free, documented formats, without DRM. It also means 713 not exposing the supposed beneficiaries to surveillance or censorship 714 through the computing practices to which they are being 715 introduced.</p> 716 <div class="column-limit"></div> 717 718 <h3 id="footnotes" class="footnote">Footnotes</h3> 719 720 <dl class="compact" style="font-size:1rem"> 721 <dt id="foot100">… cafe.<a 722 href="#tex2html1"><sup>1</sup></a></dt> 723 <dd>See 724 <a 725 href="https://www.cecc.gov/publications/commission-analysis/beijing-requires-photo-registration-at-all-internet-cafes-by">cecc.gov/publications/commission-analysis/beijing-requires-photo-registration-at-all-internet-cafes-by</a>. 726 727 </dd> 728 <dt id="foot101">… police<a 729 href="#tex2html3"><sup>2</sup></a></dt> 730 <dd>See 731 <a 732 href="https://www.schneier.com/blog/archives/2006/12/remotely_eavesd_1.html">schneier.com/blog/archives/2006/12/remotely_eavesd_1.html</a>. 733 734 </dd> 735 <dt id="foot102">… individuals.<a 736 href="#tex2html5"><sup>3</sup></a></dt> 737 <dd>See 738 <!--<a Dead link as of 2021-01-30 739 href="http://www.newarkspeaks.com/forum/showthread.php?t=5379">--> 740 newarkspeaks.com/forum/showthread.php?t=5379<!--</a>-->. 741 742 </dd> 743 <dt id="foot103">… groups<a 744 href="#tex2html7"><sup>4</sup></a></dt> 745 <dd>See 746 <a 747 href="https://www.aclu.org/fbi-jttf-spying">aclu.org/fbi-jttf-spying</a>. 748 749 </dd> 750 <dt id="foot104">… “terrorism.”<a 751 href="#tex2html9"><sup>5</sup></a></dt> 752 <dd>See 753 <a 754 href="https://www.democracynow.org/2008/9/4/eight_members_of_rnc_activist_group">democracynow.org/2008/9/4/eight_members_of_rnc_activist_group</a>. 755 756 </dd> 757 <dt id="foot105">… “terrorists.”<a 758 href="#tex2html11"><sup>6</sup></a></dt> 759 <dd>See 760 <a 761 href="http://web-old.archive.org/web/20160722044945/http://abcnews.go.com/International/story?id=7891929"> 762 abcnews.go.com/international/story?id=7891929</a> (archived). 763 764 </dd> 765 <dt id="foot20">… dissidents.<a 766 href="#tex2html13"><sup>7</sup></a></dt> 767 <dd>See the documentary, Condor: the First War on 768 Terror, by Rodrigo Vásquez (2003). 769 770 </dd> 771 <dt id="foot106">… dissidents.<a 772 href="#tex2html14"><sup>8</sup></a></dt> 773 <dd>See 774 <a 775 href="https://www.bbc.com/news/2/hi/programmes/whos_watching_you/8064333.stm">bbc.com/news/2/hi/programmes/whos_watching_you/8064333.stm</a>. 776 777 </dd> 778 <dt id="foot107">… site.<a 779 href="#tex2html16"><sup>9</sup></a></dt> 780 <dd>See 781 <a 782 href="https://web.archive.org/web/20190918142631/https://www.computerworld.com.au/article/302161/watchdog_threatens_online_rights_group_11k_fine">computerworld.com.au/article/302161/watchdog_threatens_online_rights_group_11k_fine</a> (archived). 783 784 </dd> 785 <dt id="foot108">… list.<a 786 href="#tex2html18"><sup>10</sup></a></dt> 787 <dd>See 788 <a 789 href="https://www.smh.com.au/technology/banned-hyperlinks-could-cost-you-11-000-a-day-20090317-gdtf8j.html">smh.com.au/technology/banned-hyperlinks-could-cost-you-11-000-a-day-20090317-gdtf8j.html</a>. 790 791 </dd> 792 <dt id="foot109">… censorship.<a 793 href="#tex2html20"><sup>11</sup></a></dt> 794 <dd>See <a 795 href="https://netzpolitik.org/2009/the-dawning-of-internet-censorship-in-germany/">netzpolitik.org/2009/the-dawning-of-internet-censorship-in-germany/</a>. 796 797 </dd> 798 <dt id="foot110">… Internet.<a 799 href="#tex2html22"><sup>12</sup></a></dt> 800 <dd>See <a 801 href="https://timesofindia.indiatimes.com/India/Govt-gearing-up-to-gag-news-websites/articleshow/4562292.cms">timesofindia.indiatimes.com/India/Govt-gearing-up-to-gag-news-websites/articleshow/4562292.cms</a>. 802 803 </dd> 804 <dt id="foot28">… animals.<a 805 href="#tex2html24"><sup>13</sup></a></dt> 806 <dd>I support medical research 807 using animals, as well as abortion rights. Our defense of political 808 freedom should not be limited to causes we agree with. 809 810 </dd> 811 <dt id="foot111">… parents.<a 812 href="#tex2html25"><sup>14</sup></a></dt> 813 <dd>See 814 <a 815 href="https://web.archive.org/web/20190922143213/https://www.mcclatchydc.com/news/politics-government/article24476581.html"> 816 mcclatchydc.com/news/politics-government/article24476581.html</a>. 817 818 </dd> 819 <dt id="foot112">… ways.<a 820 href="#tex2html27"><sup>15</sup></a></dt> 821 <dd>See 822 <a 823 href="https://www.networkworld.com/article/2255678/20-years-after-tiananmen--china-containing-dissent-online.html"> 824 networkworld.com/article/2255678/20-years-after-tiananmen--china-containing-dissent-online.html</a>. 825 826 </dd> 827 <dt id="foot113">… freedoms:<a 828 href="#tex2html29"><sup>16</sup></a></dt> 829 <dd>See <a 830 href="/philosophy/free-sw.html">gnu.org/philosophy/free-sw.html</a>. 831 832 </dd> 833 <dt id="foot114">… divided.<a 834 href="#tex2html31"><sup>17</sup></a></dt> 835 <dd>See 836 <a 837 href="/philosophy/why-free.html">gnu.org/philosophy/why-free.html</a> and 838 <a 839 href="/philosophy/shouldbefree.html">gnu.org/philosophy/shouldbefree.html</a> for other 840 arguments. 841 842 </dd> 843 <dt id="foot115">… programs,<a 844 href="#tex2html34"><sup>18</sup></a></dt> 845 <dd>See 846 <a 847 href="https://directory.fsf.org/wiki/Main_Page">directory.fsf.org/wiki/Main_Page</a>. 848 849 </dd> 850 <dt id="foot116">… users<a 851 href="#tex2html36"><sup>19</sup></a></dt> 852 <dd>See 853 <a 854 href="https://en.wikipedia.org/wiki/Linux_adoption">wikipedia.org/wiki/Linux_adoption</a>. 855 856 </dd> 857 <dt id="foot117">… GNU/Linux<a 858 href="#tex2html38"><sup>20</sup></a></dt> 859 <dd>See <a 860 href="/gnu/gnu-linux-faq.html">gnu.org/gnu/gnu-linux-faq.html</a>. 861 862 </dd> 863 <dt id="foot118">… volunteers.<a 864 href="#tex2html40"><sup>21</sup></a></dt> 865 <dd>See 866 <a 867 href="/philosophy/fs-motives.html">gnu.org/philosophy/fs-motives.html</a> 868 for some of their motives. 869 870 </dd> 871 <dt id="foot119">… user,<a 872 href="#tex2html43"><sup>22</sup></a></dt> 873 <dd>See <a 874 href="https://www.theregister.com/2015/08/21/spotify_worse_than_the_nsa"> 875 theregister.com/2015/08/21/spotify_worse_than_the_nsa</a>. 876 877 </dd> 878 <dt id="foot120">… files,<a 879 href="#tex2html45"><sup>23</sup></a></dt> 880 <dd>See 881 <a 882 href="https://badvista.fsf.org/">badvista.fsf.org/</a>. 883 884 </dd> 885 <dt id="foot121">… time.<a 886 href="#tex2html47"><sup>24</sup></a></dt> 887 <dd>See 888 <a 889 href="https://www.informationweek.com/government/microsoft-updates-windows-without-user-permission-apologizes">informationweek.com/government/microsoft-updates-windows-without-user-permission-apologizes</a>. 890 891 </dd> 892 <dt id="foot122">… own.<a 893 href="#tex2html49"><sup>25</sup></a></dt> 894 <dd>See 895 <a 896 href="http://voices.washingtonpost.com/securityfix/2009/05/microsoft_update_quietly_insta.html">voices.washingtonpost.com/securityfix/2009/05/microsoft_update_quietly_insta.html</a>. 897 898 </dd> 899 <dt id="foot123">… reference.<a 900 href="#tex2html51"><sup>26</sup></a></dt> 901 <dd>The standard in machine-readable form 902 is only available to be “leased”; 903 <a 904 href="https://web.archive.org/web/20160423155515/http://www.smpte.org/sites/default/files/IndividualLicenseAgreementforSMPTE_EngineeringDocuments.pdf"> 905 smpte.org/sites/default/files/IndividualLicenseAgreementforSMPTE_EngineeringDocuments.pdf</a> (archived). 906 907 </dd> 908 <dt id="foot124">… patented.<a 909 href="#tex2html53"><sup>27</sup></a></dt> 910 <dd>See 911 <a 912 href="https://web.archive.org/web/20120307122114/http://www.mpegla.com/Lists/MPEG%20LA%20News%20List/Attachments/176/n_06-08-17_pr.pdf"> 913 mpegla.com/Lists/MPEG%20LA%20News%20List/Attachments/176/n_06-08-17_pr.pdf</a> (archived). 914 915 </dd> 916 <dt id="foot125">… million.<a 917 href="#tex2html56"><sup>28</sup></a></dt> 918 <dd>See 919 <a 920 href="https://arstechnica.com/tech-policy/2009/06/jammie-thomas-retrial-verdict/">arstechnica.com/tech-policy/2009/06/jammie-thomas-retrial-verdict/</a>. 921 922 </dd> 923 <dt id="foot126">… Council.<a 924 href="#tex2html58"><sup>29</sup></a></dt> 925 <dd>See 926 <a 927 href="https://www.laquadrature.net/en/2009/06/10/hadopi-is-dead-three-strikes-killed-by-highest-court/">laquadrature.net/en/2009/06/10/hadopi-is-dead-three-strikes-killed-by-highest-court/</a>. 928 929 </dd> 930 <dt id="foot127">… them.<a 931 href="#tex2html60"><sup>30</sup></a></dt> 932 <dd>See 933 <a 934 href="https://arstechnica.com/tech-policy/2008/11/canadian-wish-list-for-secret-acta-treaty-long-varied/">arstechnica.com/tech-policy/2008/11/canadian-wish-list-for-secret-acta-treaty-long-varied/</a>. 935 936 </dd> 937 <dt id="foot128">… “piracy,”<a 938 href="#tex2html62"><sup>31</sup></a></dt> 939 <dd>See 940 <a 941 href="/philosophy/words-to-avoid.html">gnu.org/philosophy/words-to-avoid.html</a>. 942 943 </dd> 944 <dt id="foot129">… property,”<a 945 href="#tex2html64"><sup>32</sup></a></dt> 946 <dd>See 947 <a 948 href="/philosophy/not-ipr.html">gnu.org/philosophy/not-ipr.html</a> for why this propaganda 949 term is harmful. 950 951 </dd> 952 <dt id="foot130">… purpose.<a 953 href="#tex2html66"><sup>33</sup></a></dt> 954 <dd>See <a 955 href="https://www.cl.cam.ac.uk/~rja14/tcpa-faq.html">www.cl.cam.ac.uk/~rja14/tcpa-faq.html</a>. 956 957 </dd> 958 <dt id="foot66">… DRM.<a 959 href="#tex2html68"><sup>34</sup></a></dt> 960 <dd>Those publishers, in an act of doublespeak, call it “Digital 961 Rights Management.” 962 963 </dd> 964 <dt id="foot131">… 200.<a 965 href="#tex2html69"><sup>35</sup></a></dt> 966 <dd>See 967 <a 968 href="https://boingboing.net/2009/01/23/monty-pythons-free-w.html">boingboing.net/2009/01/23/monty-pythons-free-w.html</a>. 969 970 </dd> 971 <dt id="foot132">… charge.<a 972 href="#tex2html72"><sup>36</sup></a></dt> 973 <dd>See 974 <a 975 href="https://signalvnoise.com/posts/419-jane-siberrys-you-decide-what-feels-right-pricing">signalvnoise.com/posts/419-jane-siberrys-you-decide-what-feels-right-pricing</a>. 976 977 </dd> 978 <dt id="foot133">… days.<a 979 href="#tex2html74"><sup>37</sup></a></dt> 980 <dd>See 981 <a 982 href="https://boingboing.net/2008/03/05/nine-inch-nails-made.html">boingboing.net/2008/03/05/nine-inch-nails-made.html</a>. 983 984 </dd> 985 <dt id="foot134">… support.<a 986 href="#tex2html76"><sup>38</sup></a></dt> 987 <dd>See 988 <a 989 href="https://kk.org/thetechnium/1000-true-fans/">kk.org/thetechnium/1000-true-fans/</a>. 990 991 </dd> 992 <dt id="foot135">… revenue.<a 993 href="#tex2html78"><sup>39</sup></a></dt> 994 <dd>See <a 995 href="/philosophy/dat.html">gnu.org/philosophy/dat.html</a> 996 for my 1992 proposal. 997 998 </dd> 999 <dt id="foot79">… Muguet<a 1000 href="#tex2html80"><sup>40</sup></a></dt> 1001 <dd>Head of the Knowledge Networks and Information 1002 Society lab at the University of Geneva. 1003 </dd> 1004 <dt id="foot136">… payments.<a 1005 href="#tex2html81"><sup>41</sup></a></dt> 1006 <dd>See 1007 <a 1008 href="https://stallman.org/mecenat/global-patronage.html">stallman.org/mecenat/global-patronage.html</a>. 1009 1010 </dd> 1011 <dt id="foot137">… MP3<a 1012 href="#tex2html82"><sup>42</sup></a></dt> 1013 <dd>As of 2017 the patents on playing MP3 files have 1014 reportedly expired. 1015 </dd> 1016 </dl> 1017 1018 <div class="infobox extra" role="complementary"> 1019 <hr /> 1020 <p>This essay was first published in the proceedings of the ITU's 2009 1021 Kaleidoscope conference in Mar del Plata, Argentina.</p> 1022 </div> 1023 </div> 1024 1025 </div><!-- for id="content", starts in the include above --> 1026 <!--#include virtual="/server/footer.html" --> 1027 <div id="footer" role="contentinfo"> 1028 <div class="unprintable"> 1029 1030 <p>Please send general FSF & GNU inquiries to 1031 <a href="mailto:gnu@gnu.org"><gnu@gnu.org></a>. 1032 There are also <a href="/contact/">other ways to contact</a> 1033 the FSF. 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