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Legalistic information society

Posted in Free Software, Network society by Niklas Vainio on the June 2nd, 2005. Tags: , , , ,

I just spent two days struggling with a server hardware problem. At times, the Internet society is so fragile.

Digital systems are fundamental architectural components of the information society. Therefore it is silly that we need such a strong legalistic approach. Folks on the debian-legal mailing list have spent hours and hours making interpretations on different software licenses. The interpretations are very precise and good but I hope there wasn’t such need. But we’re forced to have such conversations.

Assistant professor Lucie Guibault said that programmers should more carefully mark their copyrights in GPL programs. Otherwise the court might be confused on who is the copyright holder: the FSF, who wrote the license, or somebody else?

The article received strong criticism such as

This “lawyer” is a blithering idiot. The GPL FAQ (http://www.fsf.org/licensing/licenses/gpl-howto.html) explicitly tells you to put your own copyright notice on any GPL’d source.

Maybe the commentor is right, but how many programmers really add their copyright notices? And how many of us who modify a GPL’d program follow this requirement (2 a):

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

If Linux kernel contributors actually followed this rule, each of the 15 000 files in the kernel source would have a long changelog at the beginning of the file.

With other infrastructure, we don’t need to negotiate on whether I’m allowed to walk on a public road or what I may use may the electricity for. Free software is a wonderful thing but the forced legalism is a curse.

P.S. A nice paper on trivial software patents.

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