Выбрать главу

It is easy to avoid “protection” and use neutral terms instead. For example, instead of saying, “Copyright protection lasts a very long time,” you can say, “Copyright lasts a very long time.”

If you want to criticize copyright instead of supporting it, you can use the term “copyright restrictions.” Thus, you can say, “Copyright restrictions last a very long time.”

The term “protection” is also used to describe malicious features. For instance, “copy protection” is a feature that interferes with copying. From the user’s point of view, this is obstruction. So we could call that malicious feature “copy obstruction.” More often it is called Digital Restrictions Management (DRM)—see the Defective by Design campaign, at http://www.defectivebydesign.org.

RAND (Reasonable and Non-Discriminatory)

Standards bodies that promulgate patent-restricted standards that prohibit free software typically have a policy of obtaining patent licenses that require a fixed fee per copy of a conforming program. They often refer to such licenses by the term “RAND,” which stands for “reasonable and non-discriminatory.”

That term whitewashes a class of patent licenses that are normally neither reasonable nor nondiscriminatory. It is true that these licenses do not discriminate against any specific person, but they do discriminate against the free software community, and that makes them unreasonable. Thus, half of the term “RAND” is deceptive and the other half is prejudiced.

Standards bodies should recognize that these licenses are discriminatory, and drop the use of the term “reasonable and non-discriminatory” or “RAND” to describe them. Until they do so, writers who do not wish to join in the whitewashing would do well to reject that term. To accept and use it merely because patent-wielding companies have made it widespread is to let those companies dictate the views you express.

We suggest the term “uniform fee only,” or “UFO” for short, as a replacement. It is accurate because the only condition in these licenses is a uniform royalty fee.

Sell Software

The term “sell software” is ambiguous. Strictly speaking, exchanging a copy of a free program for a sum of money is selling; but people usually associate the term “sell” with proprietary restrictions on the subsequent use of the software. You can be more precise, and prevent confusion, by saying either “distributing copies of a program for a fee” or “imposing proprietary restrictions on the use of a program,” depending on what you mean.

See “Selling Free Software” for further discussion of this issue.

Software Industry

The term “software industry” encourages people to imagine that software is always developed by a sort of factory and then delivered to “consumers.” The free software community shows this is not the case. Software businesses exist, and various businesses develop free and/or nonfree software, but those that develop free software are not run like factories.

The term “industry” is being used as propaganda by advocates of software patents. They call software development “industry” and then try to argue that this means it should be subject to patent monopolies. The European Parliament, rejecting software patents in 2003,[4] voted to define “industry” as “automated production of material goods.”

Theft

Copyright apologists often use words like “stolen” and “theft” to describe copyright infringement. At the same time, they ask us to treat the legal system as an authority on ethics: if copying is forbidden, it must be wrong.

So it is pertinent to mention that the legal system—at least in the US—rejects the idea that copyright infringement is “theft.” Copyright apologists are making an appeal to authority… and misrepresenting what authority says.

The idea that laws decide what is right or wrong is mistaken in general. Laws are, at their best, an attempt to achieve justice; to say that laws define justice or ethical conduct is turning things upside down.

Trusted Computing

“Trusted computing” is the proponents’ name for a scheme to redesign computers so that application developers can trust your computer to obey them instead of you. From their point of view, it is “trusted”; from your point of view, it is “treacherous.”

Vendor

Please don’t use the term “vendor” to refer generally to anyone that develops or packages software. Many programs are developed in order to sell copies, and their developers are therefore their vendors; this even includes some free software packages. However, many programs are developed by volunteers or organizations which do not intend to sell copies. These developers are not vendors. Likewise, only some of the packagers of GNU/Linux distributions are vendors. We recommend the general term “supplier” instead.

Copyright © 1996, 1997, 1998, 1999, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 Free Software Foundation, Inc.

This list was first published on http://gnu.org, in 1996. This version is part of Free Software, Free Society: Selected Essays of Richard M. Stallman, 2nd ed. (Boston: GNU Press, 2010).

Verbatim copying and distribution of this entire chapter are permitted worldwide, without royalty, in any medium, provided this notice is preserved.

Part III.

Copyright, Copyleft

Chapter 17.

The Right to Read: A Dystopian Short Story

From The Road to Tycho, a collection of articles about the antecedents of the Lunarian Revolution, published in Luna City in 2096.

For Dan Halbert, the road to Tycho began in college—when Lissa Lenz asked to borrow his computer. Hers had broken down, and unless she could borrow another, she would fail her midterm project. There was no one she dared ask, except Dan.

This put Dan in a dilemma. He had to help her—but if he lent her his computer, she might read his books. Aside from the fact that you could go to prison for many years for letting someone else read your books, the very idea shocked him at first. Like everyone, he had been taught since elementary school that sharing books was nasty and wrong—something that only pirates would do.

And there wasn’t much chance that the SPA—the Software Protection Authority—would fail to catch him. In his software class, Dan had learned that each book had a copyright monitor that reported when and where it was read, and by whom, to Central Licensing. (They used this information to catch reading pirates, but also to sell personal interest profiles to retailers.) The next time his computer was networked, Central Licensing would find out. He, as computer owner, would receive the harshest punishment—for not taking pains to prevent the crime.

Of course, Lissa did not necessarily intend to read his books. She might want the computer only to write her midterm. But Dan knew she came from a middle-class family and could hardly afford the tuition, let alone her reading fees. Reading his books might be the only way she could graduate. He understood this situation; he himself had had to borrow to pay for all the research papers he read. (Ten percent of those fees went to the researchers who wrote the papers; since Dan aimed for an academic career, he could hope that his own research papers, if frequently referenced, would bring in enough to repay this loan.)

вернуться

4

“Directive on the patentability of computer-implemented inventions,” 24 September 2003, http://eupat.ffii.org/papers/europarl0309.