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List:       dmca-discuss
Subject:    [DMCA_Discuss] You can't just give it away! - Times Online
From:       Seth Johnson <seth.johnson () realmeasures ! dyndns ! org>
Date:       2006-02-24 14:36:27
Message-ID: 43FF19EB.22F516F3 () RealMeasures ! dyndns ! org
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Subject: Free software? You can't just give it away - Technology
- Times Online
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Times Online February 21, 2006

Free software? You can't just give it away

Who could be upset by a scheme that allows free use of software?
Well, Gervase Markham has found one Trading Standards officer who
is

   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.

   Most of the time, this job involves helping people who want to 
   use our code in their own products understand the terms, or 
   advising project members who want to integrate code from 
   another project into our codebase. Occasionally, however, 
   something a little more unusual comes along.

   A little while ago, I received an e-mail from a lady in the 
   Trading Standards department of a large northern town. 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?

   However, given that the free software movement is unlikely 
   collectively to decide to go proprietary in order to make her 
   life easier, I had another go, using examples like Linux and 
   the OpenOffice office suite to show that it's not just Firefox 
   which is throwing a spanner in the works.

   She then asked me to identify myself, so that she could 
   confirm that I was authorised to speak for the Mozilla 
   Foundation on this matter. I wondered if she was imagining 
   nefarious copyright-infringing street traders taking a few 
   moments off from shouting about the price of bananas to pop 
   into an internet cafe, crack a router and intercept her e-
   mail.

   However, the more I thought about it, providing a sensible 
   reply to that question is somewhat difficult. How could I 
   prove I was authorised to speak for the Foundation? We're a 
   virtual organisation - we have three employees, one in 
   Vancouver, one in Virginia and one in leafy North London, with 
   no office or registered trading address in the UK. As far as 
   the Mozilla part of my life goes, my entire existence is 
   electronic.

   In the end, I just had to say that the fact that I am capable 
   of receiving and replying to e-mail addressed to 
   licensing@mozilla.org would have to be sufficient. She would 
   just have to take it on trust that I was not a router-cracking 
   banana merchant. She must have done so, as I never heard from 
   her again.

   While the identity verification aspect of this incident is 
   amusing, what is more serious is the set of assumptions her e-
   mails implied. It demonstrates how the free software model 
   disrupts the old proprietary way of doing things, where 
   copying was theft and you were guilty until proven innocent.

   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.

   Gervase Markham says that he works for the Mozilla Foundation, 
   a non-profit organisation dedicated to promoting choice and 
   innovation on the internet. Of course, he may just be a banana 
   seller. His blog is Hacking For Christ

   Copyright 2006 Times Newspapers Ltd. This service is provided 
   on Times Newspapers' standard Terms and Conditions . Please 
   read our Privacy Policy . To inquire about a licence to 
   reproduce material from The Times, visit the Syndication 
   website .

   [noscript.gif]

_______________________________________________

USC Title 17 Sec. 107. - Limitations on exclusive rights: Fair use 

This material is distributed to those who have expressed a prior interest in \
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