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  • Mon, Feb 22 2010 9:14 AM

    Free Software Message


    This week, Google's attempt to purchase video codec maker On2 was
    approved by On2's shareholders. If Google does the right thing, this
    could be wonderful news for free formats.

    The FSF has just posted an open letter to Google, calling on it to
    free On2's VP8 codec with an irrevocable royalty-free license, and to
    promote the newly freed video codec through YouTube.

    Read why it would be so amazing for free software developers, free
    software users, and all users of the web if Google does the right
    thing:

    http://www.fsf.org/blogs/community/google-free-on2-vp8-for-youtube/

    We feel that this is a very important message for web developers,
    video creators, and tech-savvy members of the public to hear. Please
    help us spread it around, particularly here:

    http://www.reddit.com/r/technology/comments/b462q/open_letter_to_google_free_vp8_and_use_it_on/#

    And if you have an account on digg:

    http://digg.com/tech_news/Open_letter_to_Google_free_On2_VP8_and_use_it_on_YouTube

    (It's important that we let people everywhere know about the
    importance of free software and free formats, so please help spread
    the word -- but please don't let sharing important news about free
    software lead to further use of services that promote and use proprietary
    software.)

  • Mon, Feb 22 2010 9:27 AM In reply to

    • Agalloch
    • Top 75 Contributor
    • Joined on Mon, Oct 26 2009
    • York, England
    • Posts 722

    Re: Free Software Message

    Hey,

    I'm a little confused by the tone of this message. While I can understand your excitement, do you expect this news to be Universally supported on these forums? I'm not sure about the general opinion on so-called "Free Software" here, so I asked honestly. I've always been very hostile to the FSF, and it's attempts to use law to restrict peoples freedoms to contract their intellectual works; are their works considered liberty-bound here?

    I feel Free Software would be better named Fair Software, like it's internation trade cousin "Fair Trade" which also seeks to limit freedoms in the name of forcing the "nicer" choice upon people. Perhaps I'll be more open to FSF reasoning when they admit that a piece of software that cures cancer and extends you life by 100 hundred years, but that is closed source (It's proprietary nature has nothing todo with source availability) is not a "social problem".

    Thanks,

    James

  • Mon, Feb 22 2010 10:33 AM In reply to

    • GregG
    • Top 10 Contributor
    • Joined on Tue, Feb 21 2006
    • Brooklyn, NY
    • Posts 14,168
    • Philosopher King

    Re: Free Software Message

    The fundamental problem with groups like FSF, is that they're turning what is simply a personal preference into a moral imperative.

    If you prefer commercial codecs that require a fee for use, then by all means, use them.

    If you prefer open-source codecs, for cost or licensing considerations, then by all means, use them.

    With this much righteous indignation around something that really doesn't warrant it (I'm mean, seriously: an obscure media codec?), you just know whoever wrote this is ( a ) not being honest with themselves, ( b ) projecting, and ( c ) is not really dealing with what this note is actually about (whatever that might be).

     

  • Mon, Feb 22 2010 10:42 AM In reply to

    • lowkey
    • Top 50 Contributor
    • Joined on Sat, Mar 7 2009
    • Denver, Colorado
    • Posts 1,212

    Re: Free Software Message

    Agalloch:

    Hey,

    I'm a little confused by the tone of this message. While I can understand your excitement, do you expect this news to be Universally supported on these forums? I'm not sure about the general opinion on so-called "Free Software" here, so I asked honestly. I've always been very hostile to the FSF, and it's attempts to use law to restrict peoples freedoms to contract their intellectual works; are their works considered liberty-bound here?

    The general opinion here seems to be "use the tools you like".  (Example:  FDR is running on an MS server (IIS)).

    Agalloch:

    I feel Free Software would be better named Fair Software, like it's internation trade cousin "Fair Trade" which also seeks to limit freedoms in the name of forcing the "nicer" choice upon people. Perhaps I'll be more open to FSF reasoning when they admit that a piece of software that cures cancer and extends you life by 100 hundred years, but that is closed source (It's proprietary nature has nothing todo with source availability) is not a "social problem".

    The "free" in "free software" does not apply to cost.   The "free" is the same as in "free speech",  not "free beer".   In spanish the difference is more clear, because you talk about software "libre"  not "gratis".  

    So to the FSF, a software program that could cure cancer, was shipped with source code and gave you the right to study, modify and redistribute changes would be "free".  Even if it cost a million dollars.

    Now, if they distributed the source code, but did not allow modifications or sharing then that would not be "free" even if they distributed for zero dollars.

    Of course the easiest way to think about it is to remember the 4 freedoms:

    • The freedom to run the program, for any purpose (freedom 0).
    • The freedom to study how the program works, and change it to make it do what you wish (freedom 1). Access to the source code is a precondition for this.
    •  The freedom to redistribute copies so you can help your neighbor (freedom 2).
    • The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this.

    Notice that there is no "Freedom to get it for zero cost".

    "We thought we knew everything about everything, and it turned out that there were unknown unknowns." - Richard Fisher, NASA 2009

  • Mon, Feb 22 2010 10:50 AM In reply to

    • lowkey
    • Top 50 Contributor
    • Joined on Sat, Mar 7 2009
    • Denver, Colorado
    • Posts 1,212

    Re: Free Software Message

    Testudines:

    This week, Google's attempt to purchase video codec maker On2 was
    approved by On2's shareholders. If Google does the right thing, this
    could be wonderful news for free formats.

    ...

    (It's important that we let people everywhere know about the
    importance of free software and free formats, so please help spread
    the word -- but please don't let sharing important news about free
    software lead to further use of services that promote and use proprietary
    software.)

    If this is just about encouraging people to use open formats, why not just encourage people to use Ogg Theora?  Which is based on the VP3 codec by On2.  

    Why should we push Google to do anything when an acceptable alternative already exists?

    "We thought we knew everything about everything, and it turned out that there were unknown unknowns." - Richard Fisher, NASA 2009

  • Mon, Feb 22 2010 12:30 PM In reply to

    • Agalloch
    • Top 75 Contributor
    • Joined on Mon, Oct 26 2009
    • York, England
    • Posts 722

    Re: Free Software Message

    lowkey:

    Agalloch:

    Hey,

    I'm a little confused by the tone of this message. While I can understand your excitement, do you expect this news to be Universally supported on these forums? I'm not sure about the general opinion on so-called "Free Software" here, so I asked honestly. I've always been very hostile to the FSF, and it's attempts to use law to restrict peoples freedoms to contract their intellectual works; are their works considered liberty-bound here?

    The general opinion here seems to be "use the tools you like".  (Example:  FDR is running on an MS server (IIS)).

    Agalloch:

    I feel Free Software would be better named Fair Software, like it's internation trade cousin "Fair Trade" which also seeks to limit freedoms in the name of forcing the "nicer" choice upon people. Perhaps I'll be more open to FSF reasoning when they admit that a piece of software that cures cancer and extends you life by 100 hundred years, but that is closed source (It's proprietary nature has nothing todo with source availability) is not a "social problem".

    The "free" in "free software" does not apply to cost.   The "free" is the same as in "free speech",  not "free beer".   In spanish the difference is more clear, because you talk about software "libre"  not "gratis".  

    So to the FSF, a software program that could cure cancer, was shipped with source code and gave you the right to study, modify and redistribute changes would be "free".  Even if it cost a million dollars.

    Now, if they distributed the source code, but did not allow modifications or sharing then that would not be "free" even if they distributed for zero dollars.

    Of course the easiest way to think about it is to remember the 4 freedoms:

    • The freedom to run the program, for any purpose (freedom 0).
    • The freedom to study how the program works, and change it to make it do what you wish (freedom 1). Access to the source code is a precondition for this.
    •  The freedom to redistribute copies so you can help your neighbor (freedom 2).
    • The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this.

    Notice that there is no "Freedom to get it for zero cost".

    Hey,

    Where did I say that the "Free" in free software had anything todo with cost? I apologise if it's just a common misunderstanding you encounter, but I'm well versed in FSF ideology, I wouldn't have commented on it otherwise if I am honest. I was both aware of the Free beer mantra, and it's implications. Using the tools you like seems like a good idea to me, though that isn't exactly what I was asking; which would be can you "produce what you want". Consumer arguments tend to be Utilitarian, so I prefer to focus on whether or not the producer is moral.

    For example, "Free Software" is not Free like Free Speech, it is Free like... American Healthcare. Not a great analogy, but far better than implying property rights are recognised. When you have free speech, a property owner is still welcome to prevent you from saying things in his property; and when you have Truly Free Software, the owner/producer should be Free to contract with you in whatever way you both agree. In reality, it is the idea of a limitation on the producer (Whether it simply be moral outrage, or the FSF's legal goals, however I apologise if I confuse the two at any point) in the name of forcing him to grant the consumer "freedoms" upon the producers intellectual work. In American healthcare, we are told there is freedom because you can purchase your doctor, but the entire system is regulated in the name of consumer freedom.

    I didn't mention anything related to cost in terms of the fictional cancer curing software. I did say however - and this is true - that they would call such software a "social problem" and if they are morally consistent, would condemn it entirey. And to the comment after that.. I still understand what free means, never said otherwise.

    1) Not a freedom, simply a contract term. You are free to simply not accept the contract, I don't disagree with the FSF here, however this is not a Moral issue and the violence of the state should not be encouraged against people who do not offer the contract term.

    2) Not a freedom. Same as above.

    3) Same again...

    4) And again, a contract term which they wish to see enforced upon everyone.

    I agree with the FSF that if you don't like the terms of a contract, you should not agree to it. I even agree that they should encourage boycotts for people who do feel that software which doesn't fulfill all categories is "wrong"; however, these are still not moral issues.

    I still haven't mentioned cost. :)

    Thanks,

    James

  • Mon, Feb 22 2010 1:04 PM In reply to

    Re: Free Software Message

    GregG:

    The fundamental problem with groups like FSF, is that they're turning what is simply a personal preference into a moral imperative.

    If you prefer commercial codecs that require a fee for use, then by all means, use them.

    If you prefer open-source codecs, for cost or licensing considerations, then by all means, use them.

    With this much righteous indignation around something that really doesn't warrant it (I'm mean, seriously: an obscure media codec?), you just know whoever wrote this is ( a ) not being honest with themselves, ( b ) projecting, and ( c ) is not really dealing with what this note is actually about (whatever that might be).

     

    I agree with you on the first point, but I'm curious what you think about software patents?

    "Lobotomies make good American citizens out of societies misfits"--Walter Freeman

  • Mon, Feb 22 2010 3:48 PM In reply to

    • GregG
    • Top 10 Contributor
    • Joined on Tue, Feb 21 2006
    • Brooklyn, NY
    • Posts 14,168
    • Philosopher King

    Re: Free Software Message

    I don't really know anything about patents. I barely know anything about IP, for that matter. But one question I do have for people debating these concepts, is this:

    Where does the initiation of force truly begin? In the realm of property - in whatever form - what constitutes an first act of aggression?

    Seems to me, the present environment is pretty muddled. People want to protect their creations - their property. Patents and copyrights are one way to do that. But patents and copyrights are also defended by the state. But the state itself, is a massive violation of property. So where does that leave us?

    I don't know...

  • Tue, Feb 23 2010 5:26 AM In reply to

    Re: Free Software Message

    I thank you guys for your thoughtful replies, and I confess that the words of the initial post are not my own, but merely a paste-off of an e-mail sent to me by FSF. It is entirely enlightening for me to get your intelligent and informed responses, and probably just what I wanted. I like the FSF's concern of keeping accessibility open for the future users - our children - but philosophers of course find the deeper questions beneath. It is their curse! But also their grace, hey.

    I would appreciate this discussion about the relation of free access to free cost and about James' distinction between Free and Fair. That is elucidating. Greg's question of where the "intiation of force" begins is of much interest, too. Mind itself is a force.

    The force of ideas is, like witchcraft, very influential among those who believe in them or it. Those who don't believe in ideas all have some shell that wards them off, to snatch a metaphor. They default to "feelings" or "experience". The witchdoctors of the dark continent, who could and would kill their fellow tribesmen with their spells and curses, frankly admitted that the white man could not be reached . . . as a rule, and that would be because they were unbelievers. So we who believe in philosophy, at least, find that ideas have a force of their own.

    Compared to the force of the military, or of social cohesiveness, etc., the force of ideas is very gentle, but in the theatre of philosophy, they are mighty.

    Finally, I kind of apologize for some of my ideas, which are outlandish, no? I am self-educated, and really a barbarian of ideas and I sense that sometimes I just appall some of my fellow FDR posters with my statements. Maybe I have a repressed desire to shock people, yada yada, that I'm not really dealing with. On the other side, this is how the mind of Testudines really operates.

  • Tue, Feb 23 2010 6:36 AM In reply to

    • lowkey
    • Top 50 Contributor
    • Joined on Sat, Mar 7 2009
    • Denver, Colorado
    • Posts 1,212

    Re: Free Software Message

    GregG:

    I don't really know anything about patents. I barely know anything about IP, for that matter. But one question I do have for people debating these concepts, is this:

    Where does the initiation of force truly begin? In the realm of property - in whatever form - what constitutes an first act of aggression?

    Seems to me, the present environment is pretty muddled. People want to protect their creations - their property. Patents and copyrights are one way to do that. But patents and copyrights are also defended by the state. But the state itself, is a massive violation of property. So where does that leave us?

    I don't know...

    When I first started on the board, we had a conversation about IP (can't seem to find the thread now) and as I recall the only conclusion we came to was that in a open voluntarist society the only restrictions you could place on published works (books, software, etc) was by individual contracts with each purchaser.   Not click-through licenses but actual contracts.  

     

    "We thought we knew everything about everything, and it turned out that there were unknown unknowns." - Richard Fisher, NASA 2009

  • Tue, Feb 23 2010 7:11 AM In reply to

    • lowkey
    • Top 50 Contributor
    • Joined on Sat, Mar 7 2009
    • Denver, Colorado
    • Posts 1,212

    Re: Free Software Message

    Agalloch:

    Where did I say that the "Free" in free software had anything todo with cost? I apologise if it's just a common misunderstanding you encounter, but I'm well versed in FSF ideology, I wouldn't have commented on it otherwise if I am honest. I was both aware of the Free beer mantra, and it's implications. Using the tools you like seems like a good idea to me, though that isn't exactly what I was asking; which would be can you "produce what you want". Consumer arguments tend to be Utilitarian, so I prefer to focus on whether or not the producer is moral.

    It is a common misunderstanding I encounter and that's why I started there.

    Agalloch:

     

    For example, "Free Software" is not Free like Free Speech, it is Free like... American Healthcare. Not a great analogy, but far better than implying property rights are recognised. When you have free speech, a property owner is still welcome to prevent you from saying things in his property; and when you have Truly Free Software, the owner/producer should be Free to contract with you in whatever way you both agree. In reality, it is the idea of a limitation on the producer (Whether it simply be moral outrage, or the FSF's legal goals, however I apologise if I confuse the two at any point) in the name of forcing him to grant the consumer "freedoms" upon the producers intellectual work. In American healthcare, we are told there is freedom because you can purchase your doctor, but the entire system is regulated in the name of consumer freedom.

    These analogies are horribly broken.

    If I produce a software program (100% my work to keep the example simple) and I release it under the GPL,  I can still negotiate with other purchasers for a seperate release of the same code under another license.   Mostly commonly this happens when certain closed source applications care to use open source items (like the QT libraries, etc).   It's become so common that some libraries are dual licensed.   An open free license for those that plan to share their code and a pay-for license for those building propietary applications.

    The only restriction on a developer who chooses the GPL is that he can't take it back for version that he has already released.  If he is the sole copyright holder, he can certainly release newer versions under another license.   It doesn't happen often but it has (ex. Tux Racer).

    Agalloch:

    I didn't mention anything related to cost in terms of the fictional cancer curing software. I did say however - and this is true - that they would call such software a "social problem" and if they are morally consistent, would condemn it entirey. And to the comment after that.. I still understand what free means, never said otherwise.

    1) Not a freedom, simply a contract term. You are free to simply not accept the contract, I don't disagree with the FSF here, however this is not a Moral issue and the violence of the state should not be encouraged against people who do not offer the contract term.

    2) Not a freedom. Same as above.

    3) Same again...

    4) And again, a contract term which they wish to see enforced upon everyone.

    No, these are not simply contract terms.   They are a statement of what freedoms need to be included in a software license for the resulting product to be considered free.

    For example, during the protests of apartheid  in South Africa during the 1980s, a few software programs added a clause to their licenses stating that they or their derivatives could not be used in South Africa.   Which was fine, until the apartheid government fell.   The licenses still restricted the software from use in South Africa even though the "problem" was gone.

    Agalloch:

    I agree with the FSF that if you don't like the terms of a contract, you should not agree to it. I even agree that they should encourage boycotts for people who do feel that software which doesn't fulfill all categories is "wrong"; however, these are still not moral issues.

     

    I do believe it can be a moral issue (in limited cases).  However the moral threat is indirect.

    The problem I see is that closed source proprietary software often restricts you from doing what is the correct thing to do.   For example, at one point Microsoft's license included restrictions that you could not use their products to say bad things about Microsoft. Given that they dominate the market, this could have severely limited the open discussion of issues that consumers had the right to be informed of.  And given that a free market cannot function without knowledgeable consumers this becomes a moral issue.  Albeit a relatively small one.

    "We thought we knew everything about everything, and it turned out that there were unknown unknowns." - Richard Fisher, NASA 2009

  • Tue, Feb 23 2010 7:40 AM In reply to

    • Agalloch
    • Top 75 Contributor
    • Joined on Mon, Oct 26 2009
    • York, England
    • Posts 722

    Re: Free Software Message

    Hey,

    lowkey:

    Agalloch:

    Where did I say that the "Free" in free software had anything todo with cost? I apologise if it's just a common misunderstanding you encounter, but I'm well versed in FSF ideology, I wouldn't have commented on it otherwise if I am honest. I was both aware of the Free beer mantra, and it's implications. Using the tools you like seems like a good idea to me, though that isn't exactly what I was asking; which would be can you "produce what you want". Consumer arguments tend to be Utilitarian, so I prefer to focus on whether or not the producer is moral.

    It is a common misunderstanding I encounter and that's why I started there.

    Fair enough. I have encountered the same, however I did not mean to imply I thought as such in my first post.

    lowkey:

    Agalloch:

     

    For example, "Free Software" is not Free like Free Speech, it is Free like... American Healthcare. Not a great analogy, but far better than implying property rights are recognised. When you have free speech, a property owner is still welcome to prevent you from saying things in his property; and when you have Truly Free Software, the owner/producer should be Free to contract with you in whatever way you both agree. In reality, it is the idea of a limitation on the producer (Whether it simply be moral outrage, or the FSF's legal goals, however I apologise if I confuse the two at any point) in the name of forcing him to grant the consumer "freedoms" upon the producers intellectual work. In American healthcare, we are told there is freedom because you can purchase your doctor, but the entire system is regulated in the name of consumer freedom.

    These analogies are horribly broken.

    If I produce a software program (100% my work to keep the example simple) and I release it under the GPL,  I can still negotiate with other purchasers for a seperate release of the same code under another license.   Mostly commonly this happens when certain closed source applications care to use open source items (like the QT libraries, etc).   It's become so common that some libraries are dual licensed.   An open free license for those that plan to share their code and a pay-for license for those building propietary applications.

    The only restriction on a developer who chooses the GPL is that he can't take it back for version that he has already released.  If he is the sole copyright holder, he can certainly release newer versions under another license.   It doesn't happen often but it has (ex. Tux Racer).

    As I said, not a perfect analogy, however the point was clear. An entitlement is not a freedom.

    I don't disagree that you have the basic moral right to contract your work however you like. However, the FSF claims any program that is not available under a "Free Software" license, is immoral. This is the point not addressed. They are still calling for forcing producers to provide certain "entitlements", definetly not freedoms or liberties.

    The FSF don't call people who choose the GPL immoral; they are talking about people who don't choose it. Again, I agree that people are welcome to contract however they like.

    lowkey:

    Agalloch:

    I didn't mention anything related to cost in terms of the fictional cancer curing software. I did say however - and this is true - that they would call such software a "social problem" and if they are morally consistent, would condemn it entirey. And to the comment after that.. I still understand what free means, never said otherwise.

    1) Not a freedom, simply a contract term. You are free to simply not accept the contract, I don't disagree with the FSF here, however this is not a Moral issue and the violence of the state should not be encouraged against people who do not offer the contract term.

    2) Not a freedom. Same as above.

    3) Same again...

    4) And again, a contract term which they wish to see enforced upon everyone.

    No, these are not simply contract terms.   They are a statement of what freedoms need to be included in a software license for the resulting product to be considered free.

    For example, during the protests of apartheid  in South Africa during the 1980s, a few software programs added a clause to their licenses stating that they or their derivatives could not be used in South Africa.   Which was fine, until the apartheid government fell.   The licenses still restricted the software from use in South Africa even though the "problem" was gone.

    Yes, they are terms that have to be included in any contract for it to fulfill the Free Software Definition. They are not freedoms, they are entitlements, like forcing healthcare proffesionals to provide certain "freedoms" has no relation to actual freedoms.

    I don't see your point about South Africa? Do you think that people who live in South Africa have a right to use other peoples software despite the contract terms? While I agree that in retrospect, the terms are no longer necessary, I don't believe that understanding this gives people a right to other people's works. However silly you think a contract is, you have no entitlement to breach the contract. The problem here has nothing todo with Freedom though, it was simply short sighted of the developers to not make sure the clause stipulated that it was only valid for the lifetime of Apartheid. I still don't see where the right to breach their software contract comes in? We do not have a fundemental right to anyone else's work; even if they are dead.

    lowkey:

    Agalloch:

    I agree with the FSF that if you don't like the terms of a contract, you should not agree to it. I even agree that they should encourage boycotts for people who do feel that software which doesn't fulfill all categories is "wrong"; however, these are still not moral issues.

     

    I do believe it can be a moral issue (in limited cases).  However the moral threat is indirect.

    The problem I see is that closed source proprietary software often restricts you from doing what is the correct thing to do.   For example, at one point Microsoft's license included restrictions that you could not use their products to say bad things about Microsoft. Given that they dominate the market, this could have severely limited the open discussion of issues that consumers had the right to be informed of.  And given that a free market cannot function without knowledgeable consumers this becomes a moral issue.  Albeit a relatively small one.

    Why is it a moral issue? What do you mean indirect?

    You're welcome to not buy closed source proprietary software, open source proprietary software, or even closed source non-"free software". Did Microsoft force you to use their products while forcing you to obey the contract stating you could not use the software to say bad things about them? I don't think so, and I have no problem with that; infact I'd still buy that product, and simply use other software to say bad things about them. So what If they dominate the market? I have no right to tell other people they are wrong to buy Microsoft products instead of spending all their time discussing how bad Microsoft is. And it would not stop people who don't like Microsoft from using other products to discuss their dislike. I still see no moral issue. And Domination of the Market by Microsoft is caused by the low quality of Linux, the closed nature of Mac, and the fact that IBM was prevented from competing with Microsoft by.. guess who?.. the US Government! As always, it is the Government that is the issue here, and the Government that the FSF wants to give more powers to restrict contracts to.

    The free market has no necessity for "knowledgeable"  consumers. You're free to make decisions with absolutely no knowledge. Infact, complacency is a useful market tool for preventing perfect market comparisons and silly ideas like "perfect competition" which are completely unwanted in reality.  Where is the moral issue?

    I'd be interested in seeing this previous discussion, and the logical fallacy that led to the conclusion that contracts aren't valid unless you personally negotiate them. I'd be even more interested to understand why the discussion didn't start by proving IP as a fallacy. There is no such thing as IP; it is a form of Newspeak designed to group basic ethical constructs like copyright, with Government enforced concepts like Patents and concepts best left to the market, like Trademarks. These things have no obvious relationship, and infact I am completely anti-Patent because it requires government. it is best replaced with Contracts, Insurance and Trade Secrets.

    Thanks,

    James

  • Tue, Feb 23 2010 8:07 AM In reply to

    • GregG
    • Top 10 Contributor
    • Joined on Tue, Feb 21 2006
    • Brooklyn, NY
    • Posts 14,168
    • Philosopher King

    Re: Free Software Message

    lowkey:

    GregG:

    I don't really know anything about patents. I barely know anything about IP, for that matter. But one question I do have for people debating these concepts, is this:

    Where does the initiation of force truly begin? In the realm of property - in whatever form - what constitutes an first act of aggression?

    Seems to me, the present environment is pretty muddled. People want to protect their creations - their property. Patents and copyrights are one way to do that. But patents and copyrights are also defended by the state. But the state itself, is a massive violation of property. So where does that leave us?

    I don't know...

    When I first started on the board, we had a conversation about IP (can't seem to find the thread now) and as I recall the only conclusion we came to was that in a open voluntarist society the only restrictions you could place on published works (books, software, etc) was by individual contracts with each purchaser.   Not click-through licenses but actual contracts.  

     

    Who would stop you from putting a click-through license on your property, and how would they enforce that restriction without violating the NAP?

     

  • Tue, Feb 23 2010 8:30 AM In reply to

    • lowkey
    • Top 50 Contributor
    • Joined on Sat, Mar 7 2009
    • Denver, Colorado
    • Posts 1,212

    Re: Free Software Message

    GregG:

    Who would stop you from putting a click-through license on your property, and how would they enforce that restriction without violating the NAP?

    No one would stop you but they would be very bad licenses to use.

    The problems with click-through licensing are inherent to that form of licensing.  To me the most significant flaw is that the license is accepted "post-purchase".    This creates two issues:

    1. The purchaser can't be aware of the contract terms until he tries to install the software.   If he chooses to refuse the license then he has to return the software.  This seems exactly backwards of what it should be and it results in problem #2.
    2. If a purchaser returns the opened software to the vendor,  the vendor cannot determine from the read-only media whether or not the software was actually installed, if the disks were copied or if the serial numbers were used (or shared).

    The end result of these two issues is that the click-through license is effectively accepted at the moment of purchase and cannot be refused once it's been read without significant effort by the purchaser. 

    For examples of how hard it can be to return software under the terms of the license agreement just google for stories about Linux users attempting to return the Microsoft software that came pre-installed on hardware they purchased.  The license says all they have to do is go back to the point of purchase and they will get the portion of the cost that is software refunded, but most vendors refuse to honor that requirement.

    "We thought we knew everything about everything, and it turned out that there were unknown unknowns." - Richard Fisher, NASA 2009

  • Tue, Feb 23 2010 8:32 AM In reply to

    • lowkey
    • Top 50 Contributor
    • Joined on Sat, Mar 7 2009
    • Denver, Colorado
    • Posts 1,212

    Re: Free Software Message

    Agalloch,

    I will reply I just want more time to build a good reply than I have right now.   I'm not ignoring you!

    ~lowkey

     

    "We thought we knew everything about everything, and it turned out that there were unknown unknowns." - Richard Fisher, NASA 2009

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