Can also be read at [1]

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Google's smartphone code is often described as 'open' or 'free' – but
when examined by the Free Software Foundation, it starts to look like
something different.

To what extent does Android respect the freedom of its users? For a
computer user that values freedom, that is the most important question
to ask about any software system.

In the free/libre software movement, we develop software that respects
users' freedom, so we and you can escape from software that doesn't. By
contrast, the idea of "open source" focuses on how to develop code; it
is a different current of thought whose principal value is code quality
rather than freedom.Thus, the concern here is not whether Android is
"open", but whether it allows users to be free.

Android is an operating system primarily for mobile phones, which
consists of Linux (Torvalds's kernel), some libraries, a Java platform
and some applications. Linux aside, the software of Android versions 1
and 2 was mostly developed by Google; Google released it under the
Apache 2.0 license, which is a lax free software license without copyleft.

The version of Linux included in Android is not entirely free software,
since it contains non-free "binary blobs" (just like Torvalds' version
of Linux), some of which are really used in some Android devices.
Android platforms use other non-free firmware, too, and non-free
libraries. Aside from those, the source code of Android versions 1 and
2, as released by Google, is free software – but this code is
insufficient to run the device. Some of the applications that generally
come with Android are non-free, too.

Android is very different from the GNU/Linux operating system because it
contains very little of GNU. Indeed, just about the only component in
common between Android and GNU/Linux is Linux, the kernel. People who
erroneously think "Linux" refers to the entire GNU/Linux combination get
tied in knots by these facts, and make paradoxical statements such as
"Android contains Linux, but it isn't Linux". If we avoid starting from
the confusion, the situation is simple: Android contains Linux, but not
GNU; thus, Android and GNU/Linux are mostly different.

(Within Android, Linux the kernel remains a separate program, with its
source code under GNU GPL version 2. To combine Linux with code under
the Apache 2.0 license would be copyright infringement, since GPL
version 2 and Apache 2.0 are incompatible. Rumours that Google has
somehow converted Linux to the Apache license are erroneous; Google has
no power to change the licence on the code of Linux, and did not try. If
the authors of Linux allowed its use under GPL version 3, then that code
could be combined with Apache-licensed code, and the combination could
be released under GPL version 3. But Linux has not been released that way.)

Google has complied with the requirements of the GNU General Public
License for Linux, but the Apache license on the rest of Android does
not require source release. Google has said it will never publish the
source code of Android 3.0 (aside from Linux), even though executables
have been released to the public. Android 3.1 source code is also being
withheld. Thus, Android 3, apart from Linux, is non-free software, pure
and simple.

Google said it withheld the 3.0 source code because it was buggy, and
that people should wait for the next release. That may be good advice
for people who simply want to run the Android system, but the users
should be the ones to decide this. Anyway, developers and tinkerers who
want to include some of the changes in their own versions could use that
code just fine.

The non-release of two versions' source code raises concern that Google
might intend to turn Android proprietary permanently; that the release
of some Android versions as free software may have been a temporary ploy
to get community assistance in improving a proprietary software product.
Let us hope does not happen.

In any case, most of the source code of some versions of Android has
been released as free software. Does that mean that products using those
Android versions respect users' freedom? No, for several reasons.
First of all, most of them contain non-free Google applications for
talking to services such as YouTube and Google Maps. These are
officially not part of Android, but that doesn't make the product OK.
There are also non-free libraries; whether they are part of Android is a
moot point. What matters is that various functionalities need them.

Even the executables that are officially part of Android may not
correspond to the source code Google releases. Manufacturers may change
this code, and often they don't release the source code for their
versions. The GNU GPL requires them to distribute the code for their
versions of Linux, if they comply. The rest of the code, under the lax
Apache license, does not require them to release the source version that
they really use. Replicant, a free version of Android that supports just
a few phone models, has replaced many of these libraries, and you can do
without the non-free apps. But there are other problems.

Some device models are designed to stop users from installing and using
modified software. In that situation, the executables are not free even
if they were made from sources that are free and available to you.
However, some Android devices can be "rooted" so users can install
different software.

Important firmware or drivers are generally proprietary also. These
handle the phone network radio, Wi-Fi, bluetooth, GPS, 3D graphics, the
camera, the speaker, and in some cases the microphone too. On some
models, a few of these drivers are free, and there are some that you can
do without – but you can't do without the microphone or the phone
network radio.

The phone network firmware comes pre-installed. If all it did was sit
there and run, we could regard it as equivalent to a circuit. When we
insist that the software in a computing device must be free, we can
overlook pre-installed firmware that will never be upgraded, because it
makes no difference to the user that it's a program rather than a circuit.

Unfortunately, in this case it would be a malicious circuit. Malicious
features are unacceptable no matter how they are implemented.

On most Android phones, this firmware has so much control that it could
turn the product into a listening device. On some, it controls the
microphone. On some, it can take full control of the main computer,
through shared memory, and can thus override or replace whatever free
software you have installed. With some models it is possible to exercise
remote control of this firmware, and thus of the phone's computer,
through the phone radio network.

The point of free software is that we have control of our computing, and
this doesn't qualify. While any computing system might have bugs, these
devices might be bugs. (Craig Murray, in Murder in Samarkand, relates
his involvement in an intelligence operation that remotely converted an
unsuspecting target's non-Android portable phone into a listening device.)

In any case, the phone network firmware in an Android device is not
equivalent to a circuit, because the hardware allows installation of new
versions and this is actually done. Since it is proprietary firmware, in
practice only the manufacturer can make new versions – users can't.

Putting these points together, we can tolerate non-free phone network
firmware provided new versions of it won't be loaded, it can't take
control of the main computer, and it can only communicate when and as
the free operating system chooses to let it communicate. In other words,
it has to be equivalent to circuitry, and that circuitry must not be
malicious. There is no obstacle to building an Android phone which has
these characteristics, but we don't know of any.

Recent press coverage of Android has focused on the patent wars. During
20 years of campaigning for the abolition of software patents, we have
warned such wars could happen. Software patents could force elimination
of features from Android, or even make it unavailable. (See
endsoftpatents.org for more information about why software patents must
be abolished.)

However, the patent attacks, and Google's responses, are not directly
relevant to the topic of this article: how Android products approach an
ethically system of distribution and how they fall short. This issue
merits the attention of the press too.

Android is a major step towards an ethical, user-controlled,
free-software portable phone, but there is a long way to go. Hackers are
working on Replicant, but it's a big job to support a new phone model,
and there remains the problem of the firmware. Even though the Android
phones of today are considerably less bad than Apple or Windows
smartphones, they cannot be said to respect your freedom.

• Copyright 2011 Richard Stallman. Released under the Creative Commons
Attribution Noderivs 3.0 licence.

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[1]
http://www.guardian.co.uk/technology/2011/sep/19/android-free-software-stallman
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Parin Sharma
https://identi.ca/FRDManiac
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