Hey, look what I found in the news this morning! -Dex
  

The GNU GPL and the American Way
http://news.excite.com/news/zd/010228/12/the-gnu-gpl 
 
Updated 12:53 PM ET February 28, 2001 
by Richard Stallman , founder of the GNU Project

Defenselessness is not the American Way. In the land of 
the free and the brave, developers defend their freedom 
with the GNU General Public License.

Microsoft describes the GNU General Public License (GNU 
GPL) as an "open source" license, and says it is against 
the American Way. To understand the GNU GPL, and recognize 
how it embodies the American Way, you must first be aware 
that the GPL was not designed for open source.

The Open Source Movement, which was launched in 1998, aims 
to develop powerful, reliable software and improved 
technology, by inviting the public to collaborate in 
software development. Many developers in that movement use 
the GNU GPL, and they are welcome to use it. But the ideas 
and logic of the GPL cannot be found in the Open Source 
Movement. They stem from the deeper goals and values of the 
Free Software Movement. 

The Free Software Movement was founded in 1984, but its 
inspiration comes from the ideals of 1776: freedom, 
community, and voluntary cooperation. This is what leads to 
free enterprise, to free speech, and to free software. 

As in "free enterprise" and "free speech", the "free" in 
"free software" refers to freedom, not price; specifically, 
it means that you have the freedom to study, change, and 
redistribute the software you use. These freedoms permit 
citizens to help themselves and help each other, and thus 
participate in a community. This contrasts with the more 
common proprietary software, which keeps users helpless and 
divided: the inner workings are secret, and you are 
prohibited from sharing the program with your neighbor. 
Powerful, reliable software and improved technology are 
useful byproducts of freedom, but the freedom to have a 
community is important in its own right. 

We could not establish a community of freedom in the land 
of proprietary software where each program had its lord. We 
had to build a new land in cyberspace--the free software 
GNU operating system, which we started writing in 1984. In 
1991, when GNU was almost finished, the kernel Linux 
written by Linus Torvalds filled the last gap; soon the 
free GNU/Linux system was available. Today millions of 
users use GNU/Linux and enjoy the benefits of freedom and 
community. 

I designed the GNU GPL to uphold and defend the freedoms 
that define free software--to use the words of 1776, it 
establishes them as inalienable rights for programs 
released under the GPL. It ensures that you have the 
freedom to study, change, and redistribute the program, by 
saying that nobody is authorized to take these freedoms 
away from you by redistributing the program [under a
restrictive proprietary license.] 

For the sake of cooperation, we encourage others to modify 
and extend the programs that we publish. For the sake of 
freedom, we set the condition that these modified versions 
of our programs must respect your freedom just like the 
original version. We encourage two-way cooperation by 
rejecting parasites: whoever wishes to copy parts of our 
software into his program must let us use parts of that 
program in our programs. Nobody is forced to join our club, 
but those who wish to participate must offer us the same 
cooperation they receive from us. That makes the system 
fair. 

Millions of users, tens of thousands of developers, and 
companies as large as IBM, Intel, and Sun, have chosen to 
participate on this basis. But some companies want the 
advantages without the responsibilities. 

>From time to time, companies have said to us, "We would 
make an improved version of this program if you allow us to 
release it without freedom." We say, "No thanks--your 
improvements might be useful if they were free, but if we 
can't use them in freedom, they are no good at all." Then 
they appeal to our egos, saying that our code will have 
"more users" inside their proprietary programs. We respond 
that we value our community's freedom more than an 
irrelevant form of popularity. 

Microsoft surely would like to have the benefit of our 
code without the responsibilities. But it has another, more 
specific purpose in attacking the GNU GPL. Microsoft is 
known generally for imitation rather than innovation. When 
Microsoft does something new, its purpose is strategic--not 
to improve computing for its users, but to close off 
alternatives for them. 

Microsoft uses an anticompetitive strategy called "embrace 
and extend". This means they start with the technology 
others are using, add a minor wrinkle which is secret so 
that nobody else can imitate it, then use that secret 
wrinkle so that only Microsoft software can communicate 
with other Microsoft software. In some cases, this makes it 
hard for you to use a non-Microsoft program when others you 
work with use a Microsoft program. In other cases, this 
makes it hard for you to use a non-Microsoft program for 
job A if you use a Microsoft program for job B. Either way, 
"embrace and extend" magnifies the effect of Microsoft's 
market power. 

No license can stop Microsoft from practicing "embrace and 
extend" if they are determined to do so at all costs. If 
they write their own program from scratch, and use none of 
our code, the license on our code does not affect them. But 
a total rewrite is costly and hard, and even Microsoft 
can't do it all the time. Hence their campaign to persuade 
us to abandon the license that protects our community, the 
license that won't let them say, "What's yours is mine, and 
what's mine is mine." They want us to let them take 
whatever they want, without ever giving anything back. They 
want us to abandon our defenses. 

But defenselessness is not the American Way. In the land 
of the brave and the free, we defend our freedom with the 
GNU GPL. 

Addendum Microsoft says that the GPL is against 
"intellectual property rights." I have no opinion on 
"intellectual property rights," because the term is too 
broad to have a sensible opinion about. It is a catch-all, 
covering copyrights, patents, trademarks, and other 
disparate areas of law; areas so different, in the laws and 
in their effects, that any statement about all of them at 
once is surely simplistic. To think intelligently about 
copyrights, patents or trademarks, you must think about 
them separately. The first step is declining to lump them 
together as "intellectual property". 

My views about copyright take an hour to expound, but one 
general principle applies: it cannot justify denying the 
public important freedoms. As Abraham Lincoln put it, 
"Whenever there is a conflict between human rights and 
property rights, human rights must prevail." Property 
rights are meant to advance human well-being, not as an 
excuse to disregard it. 

Richard Stallman is the founder of the GNU Project, 
launched in 1984 to develop the free operating system GNU 
(an acronym for "GNU's Not Unix"), and thereby give 
computer users the freedom that most of them have lost. 
Stallman graduated from Harvard in 1974 with a BA in 
physics. During his college years, he also worked as a 
staff hacker at the MIT Artificial Intelligence Lab, 
learning operating system development by doing it. In 1998 
Stallman received the Electronic Frontier Foundation's 
Pioneer award along with Linus Torvalds. 

For a history and overview of the GNU project read:
http://www.gnu.org/gnu/thegnuproject.html

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