The Right To Be Free

[ Sunday, 21 June 2009, Adam M. ]


This article is aimed mainly at the supporters of culture without boundaries, the people who have been convinced by Lawrence Lessig (the author of “The Free Culture”) and Richard M. Stallman’s ideas of fighting the bad copyright and non-free software licenses.

Everybody knows, that DRM is bad. Also everybody knows, that Open Source is just a compromise and a stage in transition to a close-to-ideal system, which Free Software is. The free culture advocates have written dozens of books, heaps of articles and hundreds and thousands of blog entries showing the sense of standing against the law, organizations and corporations who bound (or try to put boundaries) on our freedom. Also stacks and heaps of text has been produced showing why should we boycott “bad” products designed by the aforementioned villains, the products being designed to achieve one obvious goal : to maximize profit, regardless of the consumer’s good.

The effects of these publications can easily be recognized : more and more people are now Open Source aware (mixing terms with Free Software though), there are more and more users of free/open systems, the closed formats are being pushed out, rejected by conscious users (just to mention the Ogg and FLAC’s success or even ODF’s victory over OOXML), and the new portals like do.org.pl or osnews.pl are in bloom, attracting more and more web community.

Step by step, led by the leaders like the creator of the Linux kernel - Linus Torvalds, the creator of the Creative Commons license - Lawrence Lessig or the creator of Free Software philosophy - Richard Matthew Stallman, we go on convincing more and more people and changing our reality.

However let’s try to look at the other side of the coin : with all these activities, trying to “free” the virtual world, including the user, aren’t we sometimes, however rarely, effectively restricting the freedom of those, who we want to be free ?

DRM
The F(L)OSS community opposition to DRM is widespread and firm. This comes from the fact, that the digital rights management technology is actually used to digitally manage restrictions. That’s why this post to LKML by Linus Torvalds started quite a storm : (http://thread.gmane.org/gmane.linux.kernel/110368)

I want to make it clear that DRM is perfectly ok with Linux!
(…)
And like the software patent issue, I also don’t necessarily like DRM myself, but I still ended up feeling the same: I’m an “Oppenheimer”, and I refuse to play politics with Linux, and I think you can use Linux for whatever you want to - which very much includes things I don’t necessarily personally approve of.

Following the thread, Linus posted (http://article.gmane.org/gmane.linux.kernel/110400) also the following:

The technology itself is pretty neutral, and I’m personally pretty optimistic that _especially_ in an open-source environment we will find that most of the actual effort is going to be going into making security be a _pro_consumer_ thing. Security for the user, not to screw the user.
Put another way: I’d rather embrace it for the positive things it can do for us, than have _others_ embrace it for the things it can do for them.

An important question follows then : what is positive that DRM can do for us ? I decided to ask Google (the original question in polish). The first page of results only lists one text, being a news entry informing about trying to create the human face to DRM, by Valve (Steamworks); and another one, where its authors, nota bene the Internet shop software creators, trying to familiarize it to users. With our knowledge of the technology, I guess nobody is actually convinced reading an article written by people making money using the solution widely regarded as disruptive; All other results on the Google were actually contra-DRM : a text listing 10 cases against DRM :10 argumentów przeciw DRM, a not too acceptive tone text on Vagla.pl, a blog entry with a suggestive name Bye bye DRM, and so forth. Then I tried English Google, which yielded more sane cases, but their argumentation has been already long ago neutralized with - just to mention - Stallman’s article Opposing DRM.

So in the name of freedom (why shouldn’t somebody implement DRM on Linux ? We might not like it, but it’s a free country^Wsociety!) we seem to have created a loophole that could be used to win the market, that opposed DRM from its very beginnings and seemed to be closed tight for it.

But then, again. If Linux was relicensed to GPLv3, the user would have some rights removed, that were granted earlier on. Everything would boil down to resemble the closed source market : buy/take it, but you’re not allowed to do with (my) code something that I don’t like. Least of what I like is DRM, so don’t even try that!

The question, if when defending against bad technology, we can accept some restrictions, is is hard to answer by single statement. On one side, this seems to be good way to fight the danger to the community, on the other, it is a restriction on the freedoms we advocate most. The decision needs to be taken by the software developers (do they regard DRM as so bad, that they really have to restrict its creation/usage by other users at work?), but I’d also advocate to name this technology mainly as user-unfriendly.

My point is, we should not embrace a “bad” technology only because somebody “might” use it the “good” way, given that nobody ever tried to do it yet. And it’s not to be compared do P2P networks (which we defend), that might be used to share illegal copies of copyrighted works, because lots of us use them to share works (see Jamendo or GNU/Linux distros) - the P2P networks have bright areas, DRM doesn’t.

Quoting Torvalds, he treats this issue the “Oppenheimer” way. However, the latter when confronted with the catastrophic outcome of the atomic bomb explosion, which his research actually made possible, cited from Bhagavad-Gita : I became the Death, the Destroyer of Worlds. The FLOSS community, could become Torvald’s Hiroshima and Nagasaki. Means, us. I hope it never happens.

Stallman’s leadership
Not so long ago, there was a discussion, later turned into a flame war, between RMS and Open BSD developers (Real men don’t attack straw men and Play Nice - Real men don’t attack straw men (Theo)), where Stallman tried to make a point on why he can’t recommend this distribution, because it contains non-free, “bad”, software. According to RMS argumentation, it is enough to have the non-free software available to install, to disqualify the system freedom-wise, and it is the one and only condition that he takes into account recommending an OS.

Due to this reason, e.g. the Open BSD is a non-starter, forget its totally free default configuration. One can agree or not - this topic is so wide, that deserves a separate article, but the words that Stallman typed way into the discussion are worth noticing :

The Adobe flash plug-in is non-free software, and people should not
install it, or suggest installing it, or even tell people it exists.
That Firefox offers to install it is a very bad thing.

sourced from: Re: Real men don’t attack straw men

There we actually are told, that no user shall ever know about the non-free existence if he is not totally convinced not to use it, otherwise he might be tempted to install it.

This suggests what ? This suggests us to free people per-force. Looks like communist practices, where people were ‘protected’ from ‘damaging’ content by hiding it, so the population wouldn’t choose ‘bad’. Disinformation was a bread and butter, and RMS is now suggesting us to do it.
OK, this is not totally true, nobody hints us to say untrue, it is only about not telling the whole picture, omitting one solution. Hold on a sec, it is a form of lying! Additionally this way we take peoples right to subdue themselves, away from them, the right being one of the basic freedoms.

Trapped into freedom
The right to be free is a freedom of choice. Everybody can, and at least they should, decide themselves if the solution he wants, including all the restrictions, is appropriate. Given the above, an informational action (already in place, as I mentioned earlier) is much better than what RMS suggests - letting people know what they decide on choosing non-free software.

What Stallman pitches for, is quite accurately depicted by what the wider public knows about the freedom-promoting community. A few years ago, a few people actually knew about Richard’s vision of total freedom (GPL, BSD and similar licenses). Close to nobody also used the free operating systems, and when somebody got to mention it in the wide, he did it rather to discourage the users (ref the Progr@m aired not so long ago in polish commercial TV information channel TVN24). As one can now realize, so our community starts to look from the outside : we are beginning to go to the lengths of restricting people’s rights in the name of freedom.

Finishing this article, I’d like to summarize, giving the example of Linus Torvalds again, this one being, in my (author’s) opinion, a good cause to think, whether we have the right to enforce our perception of “freedom” on others. In my opinion, the soft forms of promotion, that is informational and convincing actions are better than sending “thunders” onto sinners, evangelizing and calls to convert (using Mesianism 2.0 like tone) with addition of tainting the “heretics”. According to Linus then, he might be wrong. That he doesn’t approve on something, doesn’t mean it is bone-deep “bad”, and there should be actually a path left for somebody to try to create user-friendly solution here. So, we might approve of this idea or not, but it is clear to see, that it is much more flexible and leaves the community more space to manoeuvrer than the Stallman’s model.

Well we don’t have to choose between two extremely different standards here. The history of mankind is full of stories of looking for a golden proportion, so, we, the IT crowd, following Horace’s advice, should try to define these for our freedom. It should be somewhere in between the given examples - giving the user the right to exercise his freedom in full, freedom to choose, at the same time, not being allowed to restrict the freedoms of other people. The answer is there somewhere, only time will tell, exactly where.

Good luck to you and me while searching.

Translated-by : el es

Editor’s note: the following article has been originally written in Polish by darcnet 25 April 2009. I had to submit it with some usual haste, and with lack of any taste :), so please forgive my mistake I just mentioned the author here, not in the header. I will try to fix it shortly guys.

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7 Comments

fold this thread Jordan  Monday, 22 June 2009 o godz. 6:09 pm #  Add karma Subtract karma  +0

I read this article and there are some good points in it. However, I do not intend to write numerious lines here, rather I will post in my blog (http://anilxer.wordpress.com/) linking to this article. In my opinion ,there are more and more problems within the Linux community and every fraction more threatens to tear the community apart, on the one side - (Gnu/)Linux distributions and Gnu/Hurd on the other, with escalating attacks from the one camp with wealthy companies and rising number of fooled and the other of blind fascists, which, I am 100% positive, is exactly what the community does NOT need.
But, as promised, my full follow-up will be shortly on my blog.

 
fold this thread Magice  Tuesday, 23 June 2009 o godz. 11:49 am #  Add karma Subtract karma  +3

I think this question is like the question that people like John Locke confronted:

Is it a freedom of a person to enslave him or herself?

Reversely, is it a freedom for a person to become a tyrant? From a careless point of view, it is. Freedom means, you know, freedom, to do whatever you want, right? Well, John Locke disagreed.

John Stuart Mill provides a very clear reason in his all-famous book, “On Liberty”: the tyranny of the majority. Imagine a society where majority of people choose to enslave themselves. Gradually, these people become unable to break free, and they demand to be enslaved . They start to actively silence the free force, and shut up any liberated mind.

Now, let’s look at software landscape. Don’t we see exactly that, tyranny of majority? The majority of the users are convinced that their data are safe in hand of proprietary vendors, and that FOSS software is somehow devil, communist, and terrorist. And freedom fighters have a hard time. Trying to have a word editor? Sorry, no popular open format available, and the proprietary vendor actively makes sure that file created by FOSS editor is broken. Trying to make DVD? Sorry, again, patents state that you cannot, or please pay. Trying to deliver rich content over the Internet? Fine, as long as you can put your content into hand of a software that you don’t know. How about GNU/Linux? Linus doesn’t want to play politics, but sorry, everyone else does. Just look at how someone complains about you need to compile your own drivers (aka s/he must be very end user) and that Linux kernel is written in “archaic” C (aka s/he must be developer) at the same breath. No, these are not the problem. The problem is that GNU/Linux is free. And that person doesn’t like that. This happens over and over and over.

That’s tyranny of the majority. The free users, (far) minority in number, are oppressed, shut down, and isolated. Do you remember how people burned witches and Jews in Middle Age? Well, according to some testimonies, some people seem to want to burn FOSS advocates as well, since FOSS advocates somehow destroy jobs, worship devil, and help terrorism.

Freedom is not free, I remember from my Civics class back in high school. It requires much attention and effort. One minute of inattention, and we can lose it. Look at American Politics during the last several decades: lost freedom. Look at software market: lost freedom. Heck, look at the Internet! Soon, I fear, it will be yet-another-lost-freedom.

Of course, different from RMS, Microsoft does not declare loudly that it wants everyone to enslave him or herself. No, it wraps itself within the flag of “easy to use”, and “innovations”, and “justice”, and even freedom! It pays the media to put nice words about itself. It forces the PC makers to not support other competitors. However, somehow, no one ever wonders if we should hate Microsoft. But people like to hate RMS, you know, hippie, communist, terrorist, devil, rude, stupid, etc. etc. etc.

Right, it is your choice to choose to put into your computer. However, please remember, your choice also affects others.

 
fold this thread libervisco  Wednesday, 1 July 2009 o godz. 7:29 pm #  Add karma Subtract karma  +0

The problem is coercion. Stallman has already clearly stated that proprietary software should be illegal because it is simply immoral which means, obviously, that people should be *forced* not to release software under terms which he deems immoral.

Once I realized the full implications of that I stopped supporting RMS, withdrew my membership from it and stopped being a Free Software purist. I used to be his admirer and a purist myself, but it is an ideology filled with fallacies and self contradiction. It isn’t about freedom. It is about doing what RMS and his group wants you to do.

In that context it isn’t one bit surprising that he doesn’t even want people to be aware of the other options which he disapproves of.

The problem is coercion. When someone talks about freedom, but condones using force against you for choosing what he doesn’t want you to choose, you know his talk of freedom is fraud. RMS does it. Every politician and political leader does it. All socialists, communists, democrats and republicans do it.

 
fold this thread nomzz  Saturday, 11 July 2009 o godz. 11:14 am #  Add karma Subtract karma  --3

Do u have any information about it….1Y0-259…?

 
fold this thread Leslie Satenstein  Tuesday, 4 August 2009 o godz. 12:28 am #  Add karma Subtract karma  +0

DMS and Linux is OK. I always see Linux as one man’s hobby. Linux is a passing thing, to be supplanted by a commercial product where things just work out of the box, and work efficiently.

I am not saying that supplanting linux will happen tomorrow, but it will happen pretty soon, within 7 to 8 years.

That is my prediction.

 
fold this thread Rufus Polson  Tuesday, 4 August 2009 o godz. 3:16 am #  Add karma Subtract karma  +0

libervisco, that’s superficially attractive but it’s not that simple.

There are lots of things that if we want there to be freedom, we have to restrict. Slavery is illegal and that’s a Good Thing. And many other kind of more nuanced exploitative behaviour are also illegal, and that’s generally a Good Thing too because our society has a lot of power imbalances; where there are loopholes in allowed practices, the powerful will use them to control people and take advantage of their weaknesses. Even such simple things as lying about the characteristics of something you’re selling are illegal because the buyer’s freedom to choose is effectively impaired if they have false information about the choices they’re making.

So you can’t just say anyone who wants to make some kind of behaviour illegal is thereby anti-freedom. You have to look at what behaviour and why and what the freedom results are of making it illegal or not doing so. Even when it comes to freedom, I’m afraid the devil is in the details.
Which in turn means that even if Stallman is wrong about that issue, he’s not *definitively* wrong–he’s just figured out the implications wrong. All pro-Free Software people are going to want to maximize freedom overall, on average. And they may differ on the practical implications for freedom of different measures. They can do that with none of them being evil betrayers because it’s simply hard in a complicated world to figure out the way to get the best outcome. I think it’s vastly unlikely that Stallman, for instance, is not strongly, seriously and idealistically committed to maximizing long-term freedom (specifically for computer users, but generally for everyone on average). Like all of us, he’s probably going to misjudge the consequences of some policies, but that doesn’t mean he (or we) are bad, just occasionally mistaken.

The general goal remains. You can be with Stallman or against him on this policy or that, and agree on the general goal, and there’s no reason to decide that he’s a hypocrite because you disagree with him on some specific issue. Personally, on average I’m going to find it more likely that Stallman will be right about an issue than someone who buys fallacious purist arguments that restrictions of any sort are bad, because I figure the latter just haven’t thought things through.

 
fold this thread Rene Levesque-Caline  Tuesday, 4 August 2009 o godz. 5:08 am #  Add karma Subtract karma  +0

Stop confusing freedom.
It is freedom for the user, NOT THE DEVELOPER.
Freedom is a generic term anyways which is mutilated to fit one’s need. One persons terrorist is another’s freedom fighter.

I code using GPL (A or L as well) because I want other people to benefit from my work just like Ive benefitted from others.
As long as you respect the GPL rules, you are free to take all of my work, no matter who you are.
Im old enough to remember when IBM was the evil empire and I now work on projects next to IBM employees. No problem, they follow the rules.

As for Linus, he coded and then released it using the GPL.
That’s basically it for me. Great kernel guy but has very little to do with most of our work in the Gnu-Linux desktop (I use the full name because I want to emphasize taht the kernel is but a very small part. Is it better or worse than the Mac one?)
His non-commital status is very often whistling by the graveyard hoping that total inaction will solve a problem but his atittude I hold responsible partly for the venom found in the free software community.
We glorify his ‘frankness’ but it is nothing more than a guideline for insecure geeks to lash out imitating their idol. We might laugh when he calls developers masturbating monkeys but this behaviour is then repeated by others.
Of course his status protects him from such criticism so we just smile at him like the old uncle who farts at dinner.
Id rather our leaders behave and talk like Shuttleworth, Seigo, RMS and others.
Its easy to be glib, insulting and bitchy (), its much harder to get a large group of developers to work together.

@Leslie: I think you got lost on the way to Bing.com.
Linux is used and contributed by some of the top company’s of the world but you think its still a hobby. Fine. Now go out in the real world and you’ll see you are missing quite a lot.

 
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About the Author

Adam Mrówczyński

Lousy IT specialist based in Poland, Warsaw Currently PolishLinux.org's editor in-chief. Always busy graphic designer as well, and a true believer of FLOSS and Linux. Happy Arch Linux user, an (more...)

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