Excerpts from chapter 5 of "Free as in Freedom" (freely available at
https://www.oreilly.com/openbook/freedom/):
> Although based on proprietary software, the Napster system draws inspiration from the long-held Stallman contention that once a work enters the digital realm-in other words, once making a copy is less a matter of duplicating sounds or duplicating atoms and more a matter of duplicating information-the natural human impulse to share a work becomes harder to restrict. Rather than impose additional restrictions, Napster execs have decided to take advantage of the impulse. Giving music listeners a central place to trade music files, the company has gambled on its ability to steer the resulting user traffic toward other commercial opportunities.
> The sudden success of the Napster model has put the fear in traditional record companies, with good reason. Just days before my Palo Alto meeting with Stallman, U.S. District Court Judge Marilyn Patel granted a request filed by the Recording Industry Association of America for an injunction against the file-sharing service. The injunction was subsequently suspended by the U.S. Ninth District Court of Appeals, but by early 2001, the Court of Appeals, too, would find the San Mateo-based company in breach of copyright law,5 a decision RIAA spokesperson Hillary Rosen would later proclaim proclaim a "clear victory for the creative content community and the legitimate online marketplace."
> For hackers such as Stallman, the Napster business model is scary in different ways. The company's eagerness to appropriate time-worn hacker principles such as file sharing and communal information ownership, while at the same time selling a service based on proprietary software, sends a distressing mixed message. As a person who already has a hard enough time getting his own carefully articulated message into the media stream, Stallman is understandably reticent when it comes to speaking out about the company. Still, Stallman does admit to learning a thing or two from the social side of the Napster phenomenon.
> "Before Napster, I thought it might be OK for people to privately redistribute works of entertainment," Stallman says. "The number of people who find Napster useful, however, tells me that the right to redistribute copies not only on a neighbor-to-neighbor basis, but to the public at large, is essential and therefore may not be taken away."
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> "It's a mistake to transfer answers from one thing to another," says Stallman, contrasting songs with software programs. "The right approach is to look at each type of work and see what conclusion you get."
> When it comes to copyrighted works, Stallman says he divides the world into three categories. The first category involves "functional" works-e.g., software programs, dictionaries, and textbooks. The second category involves works that might best be described as "testimonial"-e.g., scientific papers and historical documents. Such works serve a purpose that would be undermined if subsequent readers or authors were free to modify the work at will. The final category involves works of personal expression-e.g., diaries, journals, and autobiographies. To modify such documents would be to alter a person's recollections or point of view-action Stallman considers ethically unjustifiable.
> Of the three categories, the first should give users the unlimited right to make modified versions, while the second and third should regulate that right according to the will of the original author. Regardless of category, however, the freedom to copy and redistribute noncommercially should remain unabridged at all times, Stallman insists. If that means giving Internet users the right to generate a hundred copies of an article, image, song, or book and then email the copies to a hundred strangers, so be it. "It's clear that private occasional redistribution must be permitted, because only a police state can stop that," Stallman says. "It's antisocial to come between people and their friends. Napster has convinced me that we also need to permit, must permit, even noncommercial redistribution to the public for the fun of it. Because so many people want to do that and find it so useful."
> When I ask whether the courts would accept such a permissive outlook, Stallman cuts me off.
> "That's the wrong question," he says. "I mean now you've changed the subject entirely from one of ethics to one of interpreting laws. And those are two totally different questions in the same field. It's useless to jump from one to the other. How the courts would interpret the existing laws is mainly in a harsh way, because that's the way these laws have been bought by publishers."
> The comment provides an insight into Stallman's political philosophy: just because the legal system currently backs up businesses' ability to treat copyright as the software equivalent of land title doesn't mean computer users have to play the game according to those rules. Freedom is an ethical issue, not a legal issue. "I'm looking beyond what the existing laws are to what they should be," Stallman says. "I'm not trying to draft legislation. I'm thinking about what should the law do? I consider the law prohibiting the sharing of copies with your friend the moral equivalent of Jim Crow. It does not deserve respect."