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Free even for commercial reuse: not a crime
Gervase Markham, Free software? You can't just give it away, London Times, February 21, 2006. (Thanks to Seth Johnson.) If you've been defending open-access literature for long, you've encountered your share of incredulity at the very idea. Enjoy Markham's encounter with incredulity at the very idea of open-source software. Excerpt:
Who could possibly be upset with the Mozilla Foundation for giving away its Firefox browser? One of my roles at the Mozilla Foundation relates to copyright licensing. I'm responsible for making sure that the software we distribute respects the conditions of the free software licences of the underlying code. I'm also the first point of contact for licensing questions....A little while ago, I received an e-mail from a lady in the Trading Standards department of a large northern town [in the UK]. They had encountered businesses which were selling copies of Firefox, and wanted to confirm that this was in violation of our licence agreements before taking action against them. I wrote back, politely explaining the principles of copyleft – that the software was free, both as in speech and as in price, and that people copying and redistributing it was a feature, not a bug. I said that selling verbatim copies of Firefox on physical media was absolutely fine with us, and we would like her to return any confiscated CDs and allow us to continue with our plan for world domination (or words to that effect). Unfortunately, this was not well received. Her reply was incredulous: "I can't believe that your company would allow people to make money from something that you allow people to have free access to. Is this really the case?" she asked. "If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation, as it is difficult for us to give general advice to businesses over what is/is not permitted." I felt somewhat unnerved at being held responsible for the disintegration of the UK anti-piracy system. Who would have thought giving away software could cause such difficulties?...In a world where both types of software exist, greater discernment is required on the part of the enforcers. I hope this is the beginning of the end of any automatic assumption that sharing software with your neighbour must be a crime. |
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