Free Software Has Influenced Free Culture

We must allow all human creativity to be as free as freesoftware

– Hans-Christoph Steiner, 2008 (via Marc Garrett)

The inspiration for the title and for much of theargument of this book comes from the work of RichardStallman and the Free Software Foundation. Indeed, as Ireread Stallman’s own work, especially the essays in FreeSoftware, Free Society, I realize that all of the theoreticalinsights I develop here are insights Stallman describeddecades ago.

– Lawrence Lessig, 2005

What Is Free Software?

I consider that the golden rule requires that if I like aprogram I must share it with other people who like it.

– Richard M. Stallman, 1983

The hacker ethic (Levy, Hackers, 1984):

• Access to computers should be unlimited and total.

• Always yield to the Hands-On Imperative

• All information should be free.

• Mistrust authority–promote decentralization.

• Hackers should be judged by their hacking.

• You can create art and beauty on a computer.

• Computers can change your life for the better.

The hacker ethic was threatened by “intellectual property”

• copyright - 1970s

• patents - 1980s

• DRM - 1990s

What is free software? - Richard M. Stallman:

• The freedom to run the program, for any purpose (freedom 0).

• The freedom to study how the program works, and change itso it does your computing as you wish (freedom 1).

• The freedom to redistribute copies so you can help yourneighbor (freedom 2).

• The freedom to distribute copies of your modified versions toothers (freedom 3).

How Is Free Culture Like Free Software?

In the name, power, and help of the Creator Ohrmazd,the Glorious, the Great, wishing health and long life forall good-doers especially those who have this (text)(re)written.

– Ardeshir-e Babakan, c200AD

Everyone has the right to freedom of expression. Thisright shall include freedom to hold opinions and to receiveand impart information and ideas without interference bypublic authority and regardless of frontiers.

– Article 10 of the European Convention on Human Rights

Freedom of expression is threatened by “intellectual property”

• copyright

• trademarks

• DRM

“Literary works” are works, other than audiovisual works,expressed in words, numbers, or other verbal or numericalsymbols or indicia, regardless of the nature of thematerial objects, such as books, periodicals, manuscripts,phonorecords, film, tapes, disks, or cards, in which theyare embodied.

– Title 17 of the United States Code

...we conclude that encryption software, in its sourcecode form and as employed by those in the field ofcryptography, must be viewed as expressive for FirstAmendment purposes.

– Bernstein v USDOJ, 1999

freedomdefined.org:

• the freedom to use the work and enjoy the benefits of using it

• the freedom to study the work and to apply knowledgeacquired from it

• the freedom to make and redistribute copies, in whole or inpart, of the information or expression

• the freedom to make changes and improvements, and todistribute derivative works

This works because the texts of computer programs and the textsof culture are both subject to copyright

use = read, watch, listen, view, consult, play

study = analysis, critique, coursenotes, essays

copies = analogue, digital, no DRM

derivative works = adaptation, translation, remix, collage, sample

How Exactly Has Free Software Influenced Free Culture?

The hacker ethic as ideal

Collaboration

Licenses

Copyrights (and other restrictions)

Ironise the restrictions of copyright into freedoms

Turn the strength of copyright against itself

Free Software Licenses:

• Emacs Commune - 1970s (informal) - Richard M. Stallman

• TeX - 1978 - Donald Knuth

• BSD - 1988 - University of California

• GNU GPL - 1989 - Richard M. Stallman

Free Culture Licenses:

• Open Content License - 1998 (Disallowed some charges)

• Open Publication License - 1999 - David Wiley

• License Art Libre/Free Art License - 2000 - Copyleft Attitude

• Creative Commons Licenses - 2002 - Creative Commons

Common Features Of Free Software And Free CultureLicenses

Attribution

BSD - “All advertising materials mentioning features or use of thissoftware must display the following acknowledgement: Thisproduct includes software developed by the organization.”

Creative Commons Attribution - “You must ... provide, reasonableto the medium or means You are utilizing: ... the name of theOriginal Author (or pseudonym, if applicable)”

Copyleft

GPL - “You may convey a work based on the Program, [... ] Youmust license the entire work, as a whole, under this License...”

Creative Commons ShareAlike - “You may Distribute or PubliclyPerform an Adaptation only under the terms of ... this License...”

Non-endorsement

BSD - “Neither the name of the organization nor the names of itscontributors may be used to endorse or promote products derivedfrom this software without specific prior written permission.”

Creative Commons Attribution - “You may not implicitly orexplicitly assert or imply any connection with, sponsorship orendorsement by the Original Author”

Free Software’s influence on Free Culture has been immense

Not least in Free Culture’s use of licenses