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- Xref: sparky gnu.misc.discuss:4174 talk.philosophy.misc:3140 alt.usage.english:10231 alt.society.anarchy:998
- Path: sparky!uunet!paladin.american.edu!howland.reston.ans.net!hsdndev!husc-news.harvard.edu!husc10.harvard.edu!zeleny
- From: zeleny@husc10.harvard.edu (Michael Zeleny)
- Newsgroups: gnu.misc.discuss,talk.philosophy.misc,alt.usage.english,alt.society.anarchy
- Subject: Re: Fund raising at the FSF
- Message-ID: <1993Jan3.213759.18973@husc3.harvard.edu>
- Date: 4 Jan 93 02:37:57 GMT
- References: <C0Ap5A.A4v@news.udel.edu> <1993Jan3.170815.18962@husc3.harvard.edu> <C0B34q.Ax0@news.udel.edu>
- Organization: The Phallogocentric Cabal
- Lines: 137
- Nntp-Posting-Host: husc10.harvard.edu
-
- In article <C0B34q.Ax0@news.udel.edu>
- johnston@me.udel.edu (Bill Johnston) writes:
-
- >In article <1993Jan3.170815.18962@husc3.harvard.edu>
- >zeleny@husc10.harvard.edu (Michael Zeleny) writes:
-
- >>In article <C0Ap5A.A4v@news.udel.edu>
- >>johnston@me.udel.edu (Bill Johnston) writes:
-
- >>>In article <1993Jan2.221526.18943@husc3.harvard.edu>
- >>>zeleny@husc10.harvard.edu (Michael Zeleny) writes:
-
- MZ:
- >>>>The way I see it, the use of GNU places me under a legal obligation to
- >>>>the FSF [...]
-
- BJ:
- >>>What legal obligation is placed upon the USER of GNU software?
- >>>Be specific; I use GNU software every day. I have yet to pay
- >>>any money for it; it works better than the commercial software
- >>>it replaced, but I don't want to expose myself to unnecessary
- >>>legal hassles. What am I missing? Am I a victim of brain-washing?
-
- MZ:
- >>You are a victim of something, but I shan't speculate on its causes.
- >>The obligation is not to use any part of GNU in a proprietary manner.
- >>Chew on that; it might allow you to shut up for a while.
-
- BJ:
- >You could have saved time by making it clear that what you meant
- >in repeated assertions about the "use" of GNU software is really
- >"proprietary use of the source code". Most computer folk employ
- >the term "use" in the same sense as "user", namely, someone who
- >"uses" the software tools. Similarly, a driver is more apt to be
- >thought of as the "user" of a car than is the mechanic.
-
- The use of any text encompasses quotation and paraphrase, as well as
- any other form of consumption; programs are no exception.
-
- BJ:
- >If you are complaining that the GPL does not grant you the right
- >to "proprietary use of the source code", well, that's tough.
-
- Tough or not, that is what makes it non-free.
-
- BJ:
- >The only sense of the word "proprietary" that is applicable here
- >would be "made and marketed by by one having the exclusive right
- >to manufacture and sell" (Webster's 7th Collegiate).
-
- Not so. Read the GPL. Any inclusion of GNU code into a piece of
- software legally causes the latter to fall under the provision of the
- former's licensing. In other words, it's the Foundation's way of
- saying "use me in what you make, and it becomes mine".
-
- BJ:
- >So how can you complain that you cannot assert an exclusive right to
- >manufacture and sell copyrighted work that has been "made" by others?
-
- Listen, nitwit, try to get it straight: I am not complaining on my own
- behalf, but on behalf of the sorely abused English language. There's
- free and there's proprietary; some programs, like TeX, get close
- enough to the former for all intents and purposes, without trumpeting
- the moral superiority of their creators. With the GNU programs, in
- many important ways, it's just the opposite: not only are they
- proprietary by any reasonable standard, but they also have the effect
- of appropriating any program they participate in, regardless of the
- extent or ratio of such participation.
-
- BJ:
- >Who grants such rights to their own intellectual property? Not those
- >who publish public domain software; one cannot claim an "exclusive"
- >rights to sell PD software. It is true that one can incorporate
- >PD source code in a proprietary work and claim an exclusive right
- >to distribute a particular executable, or the portions of its source
- >that you have written. Still, you cannot prevent others from doing
- >the same thing with the public domain source code, therefore the use
- >of the PD code is not "exclusive".
-
- What I would like to see, is programs like GNU distributed with a
- copyright notice containing a supererogatory (look it up) *request*
- that their proprietory employment not exceed the conventional limits
- of "fair use". Anything else is coersion, and as such, does not
- deserve to be called free. I invite you to meditate on the meaning of
- this word, before you continue with the content-free blather you
- evidently intend as a rebuttal.
-
- BJ:
- >The only way to assert a truly proprietary interest in someone
- >else's work is to buy the rights to it from a copyright owner, ie,
- >someone who has not given up his/her intellectual property rights
- >by placing the source into the public domain. I doubt that FSF
- >would consider selling the rights to an entire package, but at
- >least it is possible to call FSF or other author/copyright holder
- >of a GPL'ed product and request permission to "use" an algorithm
- >or two without giving up your proprietary interest in a larger work.
- >They own it; therefore they have the right to refuse your request.
-
- Huh? are you suggesting that they own the *algorithms*? In any case,
- your suggestion only buttresses my point.
-
- BJ:
- >It is also possible to structure a proprietary work such
- >that it can invoke user-written sub-programs, much as emacs can
- >be extended with ".el" files. In this case the GNU code can
- >be used directly; the only "obligation" placed on the author
- >of the proprietary work is to release the source code that
- >implements call-backs to the proprietary application, along
- >with the source for any "sub-program" based on GNU code.
-
- This is far too much to ask, in the context of allegedly free software.
-
- Free = free from obligation, pure and simple.
-
- BJ:
- >Finally, if what you are asking for is permission to take
- >emacs (for free, naturally), make minor changes, and then
- >assert an exclusive right to sell your version under your
- >own non-GPL licensing terms -- well, good luck finding
- >someone else who is willing to do it your way.
-
- Straw man. My point is that, in case of truly free software, such
- behavior should be restrained by morals, not by lawyers.
-
- BJ:
- >This from the person who complained that FSF volunteers
- >had unwittingly sold themselves into slavery ... sheesh!
-
- Try borrowing a mind, and read more carefully before you reply.
-
- >--
- >-- Bill Johnston (johnston@me.udel.edu)
- >-- 38 Chambers Street; Newark, DE 19711; (302)368-1949
-
- cordially,
- mikhail zeleny@husc.harvard.edu
- "Le cul des femmes est monotone comme l'esprit des hommes."
-