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author | Dave Love <fx@gnu.org> | 1999-10-03 12:39:42 +0000 |
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committer | Dave Love <fx@gnu.org> | 1999-10-03 12:39:42 +0000 |
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diff --git a/etc/copying.paper b/etc/copying.paper new file mode 100644 index 00000000000..e0a478aed06 --- /dev/null +++ b/etc/copying.paper @@ -0,0 +1,819 @@ +(For more information about the GNU project and free software, +look at the files `GNU', `COPYING', and `DISTRIB', in the same +directory as this file.) + + + Why Software Should Be Free + + by Richard Stallman + + (Version of April 24, 1992) + + Copyright (C) 1991, 1992, Free Software Foundation, Inc. + Verbatim copying and redistribution is permitted + without royalty; alteration is not permitted. + +Introduction +************ + + The existence of software inevitably raises the question of how +decisions about its use should be made. For example, suppose one +individual who has a copy of a program meets another who would like a +copy. It is possible for them to copy the program; who should decide +whether this is done? The individuals involved? Or another party, +called the "owner"? + + Software developers typically consider these questions on the +assumption that the criterion for the answer is to maximize developers' +profits. The political power of business has led to the government +adoption of both this criterion and the answer proposed by the +developers: that the program has an owner, typically a corporation +associated with its development. + + I would like to consider the same question using a different +criterion: the prosperity and freedom of the public in general. + + This answer cannot be decided by current law--the law should conform +to ethics, not the other way around. Nor does current practice decide +this question, although it may suggest possible answers. The only way +to judge is to see who is helped and who is hurt by recognizing owners +of software, why, and how much. In other words, we should perform a +cost-benefit analysis on behalf of society as a whole, taking account of +individual freedom as well as production of material goods. + + In this essay, I will describe the effects of having owners, and show +that the results are detrimental. My conclusion is that programmers +have the duty to encourage others to share, redistribute, study and +improve the software we write: in other words, to write "free" +software.(1) + +How Owners Justify Their Power +****************************** + + Those who benefit from the current system where programs are property +offer two arguments in support of their claims to own programs: the +emotional argument and the economic argument. + + The emotional argument goes like this: "I put my sweat, my heart, my +soul into this program. It comes from *me*, it's *mine*!" + + This argument does not require serious refutation. The feeling of +attachment is one that programmers can cultivate when it suits them; it +is not inevitable. Consider, for example, how willingly the same +programmers usually sign over all rights to a large corporation for a +salary; the emotional attachment mysteriously vanishes. By contrast, +consider the great artists and artisans of medieval times, who didn't +even sign their names to their work. To them, the name of the artist +was not important. What mattered was that the work was done--and the +purpose it would serve. This view prevailed for hundreds of years. + + The economic argument goes like this: "I want to get rich (usually +described inaccurately as `making a living'), and if you don't allow me +to get rich by programming, then I won't program. Everyone else is like +me, so nobody will ever program. And then you'll be stuck with no +programs at all!" This threat is usually veiled as friendly advice +from the wise. + + I'll explain later why this threat is a bluff. First I want to +address an implicit assumption that is more visible in another +formulation of the argument. + + This formulation starts by comparing the social utility of a +proprietary program with that of no program, and then concludes that +proprietary software development is, on the whole, beneficial, and +should be encouraged. The fallacy here is in comparing only two +outcomes--proprietary software vs. no software--and assuming there are +no other possibilities. + + Given a system of intellectual property, software development is +usually linked with the existence of an owner who controls the +software's use. As long as this linkage exists, we are often faced +with the choice of proprietary software or none. However, this linkage +is not inherent or inevitable; it is a consequence of the specific +social/legal policy decision that we are questioning: the decision to +have owners. To formulate the choice as between proprietary software +vs. no software is begging the question. + +The Argument against Having Owners +********************************** + + The question at hand is, "Should development of software be linked +with having owners to restrict the use of it?" + + In order to decide this, we have to judge the effect on society of +each of those two activities *independently*: the effect of developing +the software (regardless of its terms of distribution), and the effect +of restricting its use (assuming the software has been developed). If +one of these activities is helpful and the other is harmful, we would be +better off dropping the linkage and doing only the helpful one. + + To put it another way, if restricting the distribution of a program +already developed is harmful to society overall, then an ethical +software developer will reject the option of doing so. + + To determine the effect of restricting sharing, we need to compare +the value to society of a restricted (i.e., proprietary) program with +that of the same program, available to everyone. This means comparing +two possible worlds. + + This analysis also addresses the simple counterargument sometimes +made that "the benefit to the neighbor of giving him or her a copy of a +program is cancelled by the harm done to the owner." This +counterargument assumes that the harm and the benefit are equal in +magnitude. The analysis involves comparing these magnitudes, and shows +that the benefit is much greater. + + To elucidate this argument, let's apply it in another area: road +construction. + + It would be possible to fund the construction of all roads with +tolls. This would entail having toll booths at all street corners. +Such a system would provide a great incentive to improve roads. It +would also have the virtue of causing the users of any given road to +pay for that road. However, a toll booth is an artificial obstruction +to smooth driving--artificial, because it is not a consequence of how +roads or cars work. + + Comparing free roads and toll roads by their usefulness, we find that +(all else being equal) roads without toll booths are cheaper to +construct, cheaper to run, safer, and more efficient to use.(2) In a +poor country, tolls may make the roads unavailable to many citizens. +The roads without toll booths thus offer more benefit to society at +less cost; they are preferable for society. Therefore, society should +choose to fund roads in another way, not by means of toll booths. Use +of roads, once built, should be free. + + When the advocates of toll booths propose them as *merely* a way of +raising funds, they distort the choice that is available. Toll booths +do raise funds, but they do something else as well: in effect, they +degrade the road. The toll road is not as good as the free road; giving +us more or technically superior roads may not be an improvement if this +means substituting toll roads for free roads. + + Of course, the construction of a free road does cost money, which the +public must somehow pay. However, this does not imply the inevitability +of toll booths. We who must in either case pay will get more value for +our money by buying a free road. + + I am not saying that a toll road is worse than no road at all. That +would be true if the toll were so great that hardly anyone used the +road--but this is an unlikely policy for a toll collector. However, as +long as the toll booths cause significant waste and inconvenience, it is +better to raise the funds in a less obstructive fashion. + + To apply the same argument to software development, I will now show +that having "toll booths" for useful software programs costs society +dearly: it makes the programs more expensive to construct, more +expensive to distribute, and less satisfying and efficient to use. It +will follow that program construction should be encouraged in some other +way. Then I will go on to explain other methods of encouraging and (to +the extent actually necessary) funding software development. + +The Harm Done by Obstructing Software +===================================== + + Consider for a moment that a program has been developed, and any +necessary payments for its development have been made; now society must +choose either to make it proprietary or allow free sharing and use. +Assume that the existence of the program and its availability is a +desirable thing.(3) + + Restrictions on the distribution and modification of the program +cannot facilitate its use. They can only interfere. So the effect can +only be negative. But how much? And what kind? + + Three different levels of material harm come from such obstruction: + + * Fewer people use the program. + + * None of the users can adapt or fix the program. + + * Other developers cannot learn from the program, or base new work + on it. + + Each level of material harm has a concomitant form of psychosocial +harm. This refers to the effect that people's decisions have on their +subsequent feelings, attitudes and predispositions. These changes in +people's ways of thinking will then have a further effect on their +relationships with their fellow citizens, and can have material +consequences. + + The three levels of material harm waste part of the value that the +program could contribute, but they cannot reduce it to zero. If they +waste nearly all the value of the program, then writing the program +harms society by at most the effort that went into writing the program. +Arguably a program that is profitable to sell must provide some net +direct material benefit. + + However, taking account of the concomitant psychosocial harm, there +is no limit to the harm that proprietary software development can do. + +Obstructing Use of Programs +=========================== + + The first level of harm impedes the simple use of a program. A copy +of a program has nearly zero marginal cost (and you can pay this cost by +doing the work yourself), so in a free market, it would have nearly zero +price. A license fee is a significant disincentive to use the program. +If a widely-useful program is proprietary, far fewer people will use it. + + It is easy to show that the total contribution of a program to +society is reduced by assigning an owner to it. Each potential user of +the program, faced with the need to pay to use it, may choose to pay, +or may forego use of the program. When a user chooses to pay, this is a +zero-sum transfer of wealth between two parties. But each time someone +chooses to forego use of the program, this harms that person without +benefiting anyone. The sum of negative numbers and zeros must be +negative. + + But this does not reduce the amount of work it takes to *develop* +the program. As a result, the efficiency of the whole process, in +delivered user satisfaction per hour of work, is reduced. + + This reflects a crucial difference between copies of programs and +cars, chairs, or sandwiches. There is no copying machine for material +objects outside of science fiction. But programs are easy to copy; +anyone can produce as many copies as are wanted, with very little +effort. This isn't true for material objects because matter is +conserved: each new copy has to be built from raw materials in the same +way that the first copy was built. + + With material objects, a disincentive to use them makes sense, +because fewer objects bought means less raw materials and work needed +to make them. It's true that there is usually also a startup cost, a +development cost, which is spread over the production run. But as long +as the marginal cost of production is significant, adding a share of the +development cost does not make a qualitative difference. And it does +not require restrictions on the freedom of ordinary users. + + However, imposing a price on something that would otherwise be free +is a qualitative change. A centrally-imposed fee for software +distribution becomes a powerful disincentive. + + What's more, central production as now practiced is inefficient even +as a means of delivering copies of software. This system involves +enclosing physical disks or tapes in superfluous packaging, shipping +large numbers of them around the world, and storing them for sale. This +cost is presented as an expense of doing business; in truth, it is part +of the waste caused by having owners. + +Damaging Social Cohesion +======================== + + Suppose that both you and your neighbor would find it useful to run a +certain program. In ethical concern for your neighbor, you should feel +that proper handling of the situation will enable both of you to use it. +A proposal to permit only one of you to use the program, while +restraining the other, is divisive; neither you nor your neighbor should +find it acceptable. + + Signing a typical software license agreement means betraying your +neighbor: "I promise to deprive my neighbor of this program so that I +can have a copy for myself." People who make such choices feel +internal psychological pressure to justify them, by downgrading the +importance of helping one's neighbors--thus public spirit suffers. +This is psychosocial harm associated with the material harm of +discouraging use of the program. + + Many users unconsciously recognize the wrong of refusing to share, so +they decide to ignore the licenses and laws, and share programs anyway. +But they often feel guilty about doing so. They know that they must +break the laws in order to be good neighbors, but they still consider +the laws authoritative, and they conclude that being a good neighbor +(which they are) is naughty or shameful. That is also a kind of +psychosocial harm, but one can escape it by deciding that these licenses +and laws have no moral force. + + Programmers also suffer psychosocial harm knowing that many users +will not be allowed to use their work. This leads to an attitude of +cynicism or denial. A programmer may describe enthusiastically the +work that he finds technically exciting; then when asked, "Will I be +permitted to use it?", his face falls, and he admits the answer is no. +To avoid feeling discouraged, he either ignores this fact most of the +time or adopts a cynical stance designed to minimize the importance of +it. + + Since the age of Reagan, the greatest scarcity in the United States +is not technical innovation, but rather the willingness to work together +for the public good. It makes no sense to encourage the former at the +expense of the latter. + +Obstructing Custom Adaptation of Programs +========================================= + + The second level of material harm is the inability to adapt programs. +The ease of modification of software is one of its great advantages over +older technology. But most commercially available software isn't +available for modification, even after you buy it. It's available for +you to take it or leave it, as a black box--that is all. + + A program that you can run consists of a series of numbers whose +meaning is obscure. No one, not even a good programmer, can easily +change the numbers to make the program do something different. + + Programmers normally work with the "source code" for a program, which +is written in a programming language such as Fortran or C. It uses +names to designate the data being used and the parts of the program, and +it represents operations with symbols such as `+' for addition and `-' +for subtraction. It is designed to help programmers read and change +programs. Here is an example; a program to calculate the distance +between two points in a plane: + + float + distance (p0, p1) + struct point p0, p1; + { + float xdist = p1.x - p0.x; + float ydist = p1.y - p0.y; + return sqrt (xdist * xdist + ydist * ydist); + } + + Here is the same program in executable form, on the computer I +normally use: + + 1314258944 -232267772 -231844864 1634862 + 1411907592 -231844736 2159150 1420296208 + -234880989 -234879837 -234879966 -232295424 + 1644167167 -3214848 1090581031 1962942495 + 572518958 -803143692 1314803317 + + Source code is useful (at least potentially) to every user of a +program. But most users are not allowed to have copies of the source +code. Usually the source code for a proprietary program is kept secret +by the owner, lest anybody else learn something from it. Users receive +only the files of incomprehensible numbers that the computer will +execute. This means that only the program's owner can change the +program. + + A friend once told me of working as a programmer in a bank for about +six months, writing a program similar to something that was commercially +available. She believed that if she could have gotten source code for +that commercially available program, it could easily have been adapted +to their needs. The bank was willing to pay for this, but was not +permitted to--the source code was a secret. So she had to do six +months of make-work, work that counts in the GNP but was actually waste. + + The MIT Artificial Intelligence lab (AI lab) received a graphics +printer as a gift from Xerox around 1977. It was run by free software +to which we added many convenient features. For example, the software +would notify a user immediately on completion of a print job. Whenever +the printer had trouble, such as a paper jam or running out of paper, +the software would immediately notify all users who had print jobs +queued. These features facilitated smooth operation. + + Later Xerox gave the AI lab a newer, faster printer, one of the first +laser printers. It was driven by proprietary software that ran in a +separate dedicated computer, so we couldn't add any of our favorite +features. We could arrange to send a notification when a print job was +sent to the dedicated computer, but not when the job was actually +printed (and the delay was usually considerable). There was no way to +find out when the job was actually printed; you could only guess. And +no one was informed when there was a paper jam, so the printer often +went for an hour without being fixed. + + The system programmers at the AI lab were capable of fixing such +problems, probably as capable as the original authors of the program. +Xerox was uninterested in fixing them, and chose to prevent us, so we +were forced to accept the problems. They were never fixed. + + Most good programmers have experienced this frustration. The bank +could afford to solve the problem by writing a new program from +scratch, but a typical user, no matter how skilled, can only give up. + + Giving up causes psychosocial harm--to the spirit of self-reliance. +It is demoralizing to live in a house that you cannot rearrange to suit +your needs. It leads to resignation and discouragement, which can +spread to affect other aspects of one's life. People who feel this way +are unhappy and do not do good work. + + Imagine what it would be like if recipes were hoarded in the same +fashion as software. You might say, "How do I change this recipe to +take out the salt?", and the great chef would respond, "How dare you +insult my recipe, the child of my brain and my palate, by trying to +tamper with it? You don't have the judgment to change my recipe and +make it work right!" + + "But my doctor says I'm not supposed to eat salt! What can I do? +Will you take out the salt for me?" + + "I would be glad to do that; my fee is only $50,000." Since the +owner has a monopoly on changes, the fee tends to be large. "However, +right now I don't have time. I am busy with a commission to design a +new recipe for ship's biscuit for the Navy Department. I might get +around to you in about two years." + +Obstructing Software Development +================================ + + The third level of material harm affects software development. +Software development used to be an evolutionary process, where a person +would take an existing program and rewrite parts of it for one new +feature, and then another person would rewrite parts to add another +feature; in some cases, this continued over a period of twenty years. +Meanwhile, parts of the program would be "cannibalized" to form the +beginnings of other programs. + + The existence of owners prevents this kind of evolution, making it +necessary to start from scratch when developing a program. It also +prevents new practitioners from studying existing programs to learn +useful techniques or even how large programs can be structured. + + Owners also obstruct education. I have met bright students in +computer science who have never seen the source code of a large +program. They may be good at writing small programs, but they can't +begin to learn the different skills of writing large ones if they can't +see how others have done it. + + In any intellectual field, one can reach greater heights by standing +on the shoulders of others. But that is no longer generally allowed in +the software field--you can only stand on the shoulders of the other +people *in your own company*. + + The associated psychosocial harm affects the spirit of scientific +cooperation, which used to be so strong that scientists would cooperate +even when their countries were at war. In this spirit, Japanese +oceanographers abandoning their lab on an island in the Pacific +carefully preserved their work for the invading U.S. Marines, and left a +note asking them to take good care of it. + + Conflict for profit has destroyed what international conflict spared. +Nowadays scientists in many fields don't publish enough in their papers +to enable others to replicate the experiment. They publish only enough +to let readers marvel at how much they were able to do. This is +certainly true in computer science, where the source code for the +programs reported on is usually secret. + +It Does Not Matter How Sharing Is Restricted +============================================ + + I have been discussing the effects of preventing people from copying, +changing and building on a program. I have not specified how this +obstruction is carried out, because that doesn't affect the conclusion. +Whether it is done by copy protection, or copyright, or licenses, or +encryption, or ROM cards, or hardware serial numbers, if it *succeeds* +in preventing use, it does harm. + + Users do consider some of these methods more obnoxious than others. +I suggest that the methods most hated are those that accomplish their +objective. + +Software Should be Free +======================= + + I have shown how ownership of a program--the power to restrict +changing or copying it--is obstructive. Its negative effects are +widespread and important. It follows that society shouldn't have +owners for programs. + + Another way to understand this is that what society needs is free +software, and proprietary software is a poor substitute. Encouraging +the substitute is not a rational way to get what we need. + + Vaclav Havel has advised us to "Work for something because it is +good, not just because it stands a chance to succeed." A business +making proprietary software stands a chance of success in its own narrow +terms, but it is not what is good for society. + +Why People Will Develop Software +******************************** + + If we eliminate intellectual property as a means of encouraging +people to develop software, at first less software will be developed, +but that software will be more useful. It is not clear whether the +overall delivered user satisfaction will be less; but if it is, or if +we wish to increase it anyway, there are other ways to encourage +development, just as there are ways besides toll booths to raise money +for streets. Before I talk about how that can be done, first I want to +question how much artificial encouragement is truly necessary. + +Programming is Fun +================== + + There are some lines of work that few will enter except for money; +road construction, for example. There are other fields of study and +art in which there is little chance to become rich, which people enter +for their fascination or their perceived value to society. Examples +include mathematical logic, classical music, and archaeology; and +political organizing among working people. People compete, more sadly +than bitterly, for the few funded positions available, none of which is +funded very well. They may even pay for the chance to work in the +field, if they can afford to. + + Such a field can transform itself overnight if it begins to offer the +possibility of getting rich. When one worker gets rich, others demand +the same opportunity. Soon all may demand large sums of money for doing +what they used to do for pleasure. When another couple of years go by, +everyone connected with the field will deride the idea that work would +be done in the field without large financial returns. They will advise +social planners to ensure that these returns are possible, prescribing +special privileges, powers and monopolies as necessary to do so. + + This change happened in the field of computer programming in the past +decade. Fifteen years ago, there were articles on "computer +addiction": users were "onlining" and had hundred-dollar-a-week habits. +It was generally understood that people frequently loved programming +enough to break up their marriages. Today, it is generally understood +that no one would program except for a high rate of pay. People have +forgotten what they knew fifteen years ago. + + When it is true at a given time that most people will work in a +certain field only for high pay, it need not remain true. The dynamic +of change can run in reverse, if society provides an impetus. If we +take away the possibility of great wealth, then after a while, when the +people have readjusted their attitudes, they will once again be eager +to work in the field for the joy of accomplishment. + + The question, "How can we pay programmers?", becomes an easier +question when we realize that it's not a matter of paying them a +fortune. A mere living is easier to raise. + +Funding Free Software +===================== + + Institutions that pay programmers do not have to be software houses. +Many other institutions already exist which can do this. + + Hardware manufacturers find it essential to support software +development even if they cannot control the use of the software. In +1970, much of their software was free because they did not consider +restricting it. Today, their increasing willingness to join +consortiums shows their realization that owning the software is not +what is really important for them. + + Universities conduct many programming projects. Today, they often +sell the results, but in the 1970s, they did not. Is there any doubt +that universities would develop free software if they were not allowed +to sell software? These projects could be supported by the same +government contracts and grants which now support proprietary software +development. + + It is common today for university researchers to get grants to +develop a system, develop it nearly to the point of completion and call +that "finished", and then start companies where they really finish the +project and make it usable. Sometimes they declare the unfinished +version "free"; if they are thoroughly corrupt, they instead get an +exclusive license from the university. This is not a secret; it is +openly admitted by everyone concerned. Yet if the researchers were not +exposed to the temptation to do these things, they would still do their +research. + + Programmers writing free software can make their living by selling +services related to the software. I have been hired to port the GNU C +compiler to new hardware, and to make user-interface extensions to GNU +Emacs. (I offer these improvements to the public once they are done.) +I also teach classes for which I am paid. + + I am not alone in working this way; there is now a successful, +growing corporation which does no other kind of work. Several other +companies also provide commercial support for the free software of the +GNU system. This is the beginning of the independent software support +industry-an industry that could become quite large if free software +becomes prevalent. It provides users with an option generally +unavailable for proprietary software, except to the very wealthy. + + New institutions such as the Free Software Foundation can also fund +programmers. Most of the foundation's funds come from users buying +tapes through the mail. The software on the tapes is free, which means +that every user has the freedom to copy it and change it, but many +nonetheless pay to get copies. (Recall that "free software" refers to +freedom, not to price.) Some users order tapes who already have a copy, +as a way of making a contribution they feel we deserve. The Foundation +also receives sizable donations from computer manufacturers. + + The Free Software Foundation is a charity, and its income is spent on +hiring as many programmers as possible. If it had been set up as a +business, distributing the same free software to the public for the same +fee, it would now provide a very good living for its founder. + + Because the Foundation is a charity, programmers often work for the +Foundation for half of what they could make elsewhere. They do this +because we are free of bureaucracy, and because they feel satisfaction +in knowing that their work will not be obstructed from use. Most of +all, they do it because programming is fun. In addition, volunteers +have written many useful programs for us. (Recently even technical +writers have begun to volunteer.) + + This confirms that programming is among the most fascinating of all +fields, along with music and art. We don't have to fear that no one +will want to program. + +What Do Users Owe to Developers? +================================ + + There is a good reason for users of software to feel a moral +obligation to contribute to its support. Developers of free software +are contributing to the users' activities, and it is both fair and in +the long term interest of the users to give them funds to continue. + + However, this does not apply to proprietary software developers, +since obstructionism deserves a punishment rather than a reward. + + We thus have a paradox: the developer of useful software is entitled +to the support of the users, but any attempt to turn this moral +obligation into a requirement destroys the basis for the obligation. A +developer can either deserve a reward or demand it, but not both. + + I believe that an ethical developer faced with this paradox must act +so as to deserve the reward, but should also entreat the users for +voluntary donations. Eventually the users will learn to support +developers without coercion, just as they have learned to support public +radio and television stations. + +What Is Software Productivity? +****************************** + + If software were free, there would still be programmers, but perhaps +fewer of them. Would this be bad for society? + + Not necessarily. Today the advanced nations have fewer farmers than +in 1900, but we do not think this is bad for society, because the few +deliver more food to the consumers than the many used to do. We call +this improved productivity. Free software would require far fewer +programmers to satisfy the demand, because of increased software +productivity at all levels: + + * Wider use of each program that is developed. + + * The ability to adapt existing programs for customization instead + of starting from scratch. + + * Better education of programmers. + + * The elimination of duplicate development effort. + + Those who object to cooperation because it would result in the +employment of fewer programmers, are actually objecting to increased +productivity. Yet these people usually accept the widely-held belief +that the software industry needs increased productivity. How is this? + + "Software productivity" can mean two different things: the overall +productivity of all software development, or the productivity of +individual projects. Overall productivity is what society would like to +improve, and the most straightforward way to do this is to eliminate the +artificial obstacles to cooperation which reduce it. But researchers +who study the field of "software productivity" focus only on the +second, limited, sense of the term, where improvement requires difficult +technological advances. + +Is Competition Inevitable? +************************** + + Is it inevitable that people will try to compete, to surpass their +rivals in society? Perhaps it is. But competition itself is not +harmful; the harmful thing is *combat*. + + There are many ways to compete. Competition can consist of trying to +achieve ever more, to outdo what others have done. For example, in the +old days, there was competition among programming wizards--competition +for who could make the computer do the most amazing thing, or for who +could make the shortest or fastest program for a given task. This kind +of competition can benefit everyone, *as long as* the spirit of good +sportsmanship is maintained. + + Constructive competition is enough competition to motivate people to +great efforts. A number of people are competing to be the first to have +visited all the countries on Earth; some even spend fortunes trying to +do this. But they do not bribe ship captains to strand their rivals on +desert islands. They are content to let the best person win. + + Competition becomes combat when the competitors begin trying to +impede each other instead of advancing themselves--when "Let the best +person win" gives way to "Let me win, best or not." Proprietary +software is harmful, not because it is a form of competition, but +because it is a form of combat among the citizens of our society. + + Competition in business is not necessarily combat. For example, when +two grocery stores compete, their entire effort is to improve their own +operations, not to sabotage the rival. But this does not demonstrate a +special commitment to business ethics; rather, there is little scope for +combat in this line of business short of physical violence. Not all +areas of business share this characteristic. Withholding information +that could help everyone advance is a form of combat. + + Business ideology does not prepare people to resist the temptation to +combat the competition. Some forms of combat have been made banned with +anti-trust laws, truth in advertising laws, and so on, but rather than +generalizing this to a principled rejection of combat in general, +executives invent other forms of combat which are not specifically +prohibited. Society's resources are squandered on the economic +equivalent of factional civil war. + +"Why Don't You Move to Russia?" +******************************* + + In the United States, any advocate of other than the most extreme +form of laissez-faire selfishness has often heard this accusation. For +example, it is leveled against the supporters of a national health care +system, such as is found in all the other industrialized nations of the +free world. It is leveled against the advocates of public support for +the arts, also universal in advanced nations. The idea that citizens +have any obligation to the public good is identified in America with +Communism. But how similar are these ideas? + + Communism as was practiced in the Soviet Union was a system of +central control where all activity was regimented, supposedly for the +common good, but actually for the sake of the members of the Communist +party. And where copying equipment was closely guarded to prevent +illegal copying. + + The American system of intellectual property exercises central +control over distribution of a program, and guards copying equipment +with automatic copying protection schemes to prevent illegal copying. + + By contrast, I am working to build a system where people are free to +decide their own actions; in particular, free to help their neighbors, +and free to alter and improve the tools which they use in their daily +lives. A system based on voluntary cooperation, and decentralization. + + Thus, if we are to judge views by their resemblance to Russian +Communism, it is the software owners who are the Communists. + +The Question of Premises +************************ + + I make the assumption in this paper that a user of software is no +less important than an author, or even an author's employer. In other +words, their interests and needs have equal weight, when we decide +which course of action is best. + + This premise is not universally accepted. Many maintain that an +author's employer is fundamentally more important than anyone else. +They say, for example, that the purpose of having owners of software is +to give the author's employer the advantage he deserves--regardless of +how this may affect the public. + + It is no use trying to prove or disprove these premises. Proof +requires shared premises. So most of what I have to say is addressed +only to those who share the premises I use, or at least are interested +in what their consequences are. For those who believe that the owners +are more important than everyone else, this paper is simply irrelevant. + + But why would a large number of Americans accept a premise which +elevates certain people in importance above everyone else? Partly +because of the belief that this premise is part of the legal traditions +of American society. Some people feel that doubting the premise means +challenging the basis of society. + + It is important for these people to know that this premise is not +part of our legal tradition. It never has been. + + Thus, the Constitution says that the purpose of copyright is to +"promote the progress of science and the useful arts." The Supreme +Court has elaborated on this, stating in `Fox Film vs. Doyal' that "The +sole interest of the United States and the primary object in conferring +the [copyright] monopoly lie in the general benefits derived by the +public from the labors of authors." + + We are not required to agree with the Constitution or the Supreme +Court. (At one time, they both condoned slavery.) So their positions +do not disprove the owner supremacy premise. But I hope that the +awareness that this is a radical right-wing assumption rather than a +traditionally recognized one will weaken its appeal. + +Conclusion +********** + + We like to think that our society encourages helping your neighbor; +but each time we reward someone for obstructionism, or admire them for +the wealth they have gained in this way, we are sending the opposite +message. + + Software hoarding is one form of our general willingness to disregard +the welfare of society for personal gain. We can trace this disregard +from Ronald Reagan to Jim Bakker, from Ivan Boesky to Exxon, from +failing banks to failing schools. We can measure it with the size of +the homeless population and the prison population. The antisocial +spirit feeds on itself, because the more we see that other people will +not help us, the more it seems futile to help them. Thus society decays +into a jungle. + + If we don't want to live in a jungle, we must change our attitudes. +We must start sending the message that a good citizen is one who +cooperates when appropriate, not one who is successful at taking from +others. I hope that the free software movement will contribute to +this: at least in one area, we will replace the jungle with a more +efficient system which encourages and runs on voluntary cooperation. + + ---------- Footnotes ---------- + + (1) The word "free" in "free software" refers to freedom, not to +price; the price paid for a copy of a free program may be zero, or +small, or (rarely) quite large. + + (2) The issues of pollution and traffic congestion do not alter +this conclusion. If we wish to make driving more expensive to +discourage driving in general, it is disadvantageous to do this using +toll booths, which contribute to both pollution and congestion. A tax +on gasoline is much better. Likewise, a desire to enhance safety by +limiting maximum speed is not relevant; a free access road enhances the +average speed by avoiding stops and delays, for any given speed limit. + + (3) One might regard a particular computer program as a harmful +thing that should not be available at all, like the Lotus Marketplace +database of personal information, which was withdrawn from sale due to +public disapproval. Most of what I say does not apply to this case, +but it makes little sense to argue for having an owner on the grounds +that the owner will make the program less available. The owner will +not make it *completely* unavailable, as one would wish in the case of +a program whose use is considered destructive. + |