How the Swedish Pirate Party Platform Backfires on Free Software.

by Richard Stallman

The bullying of the copyright industry in Sweden inspired the launch of
the first political party whose platform is to reduce copyright
restrictions: the Pirate Party. Its platform includes the prohibition of
Digital Restrictions Management, legalization of noncommercial sharing
of published works, and shortening of copyright for commercial use to a
five-year period. Five years after publication, any published work would
go into the public domain.

I support these changes, in general; but the specific combination chosen
by the Swedish Pirate Party backfires ironically in the special case of
free software. I'm sure that they did not intend to hurt free software,
but that's what would happen.

The GNU General Public License and other copyleft licenses use copyright
law to defend freedom for every user. The GPL permits everyone to
publish modified works, but only under the same license. Redistribution
of the unmodified work must also preserve the license. And all
redistributors must give users access to the software's source code.

How would the Swedish Pirate Party's platform affect copylefted free
software? After five years, its source code would go into the public
domain, and proprietary software developers would be able to include it
in their programs. But what about the reverse case?

Proprietary software is restricted by EULAs, not just by copyright, and
the users don't have the source code. Even if copyright permits
noncommercial sharing, the EULA may forbid it. In addition, the users,
not having the source code, do not control what the program does when
they run it. To run such a program is to surrender your freedom and give
the developer control over you.

So what would be the effect of terminating this program's copyright
after 5 years? This would not require the developer to release source
code, and presumably most will never do so. Users, still denied the
source code, would still be unable to use the program in freedom. The
program could even have a “time bomb” in it to make it stop working
after 5 years, in which case the “public domain” copies would not run at
all.

Thus, the Pirate Party's proposal would give proprietary software
developers the use of GPL-covered source code after 5 years, but it
would not give free software developers the use of proprietary source
code, not after 5 years or even 50 years. The Free World would get the
bad, but not the good. The difference between source code and object
code and the practice of using EULAs would give proprietary software an
effective exception from the general rule of 5-year copyright — one that
free software does not share.

more...
http://www.gnu.org/philosophy/pirate-party.html
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