Stallman/Stanco: A Dialogue on Copyright Law and Free/Open Source Software (Part 2)
"All law is a matter of opinion."
This is the second day of an email dialogue with Richard Stallman on the philosophy of copyright that will be published over nine days on LinuxPlanet. This dialogue arose from comments that RMS was kind enough to give me on a two-part article on software licensing that appeared on LinuxProgramming recently. (Check out the articles at LinuxProgramming: Software Licenses and Traditional Copyright Law and Looking at the General Public License and Open-Source Licenses.)
DAY 2 >>>>>>>>>>>>>> Subj: Re: licensing article Date: 6/1/00 From: RMS To: tony stanco [Stanco]: > I talked to some friends who are intellectual property lawyers and I think > the way I present the rules is the more traditional view of the matter, > currently. [Stallman]: They are deceiving you, misrepresenting the US legal system. They are telling you what they and their clients wish the system was, not what it is. You must not believe what they say. [Stanco]: > I don't disagree with your view of the matter, but I think I need to >present it as an enlightened, but dissenting view to the currently held >majority view. [Stallman]: This is not a matter of opinion; these lawyers are entitled to have their opinions about what copyright should be, but their opinions do not define the position of the US legal system. The Constitution and the Supreme Court have done that. It seems that Lessig, a law professor, is probably telling you an accurate description of what the legal system says, while the other lawyers are telling you what it would suit them to believe. [Stanco]: > Without the contra-position, a reader (and this is a friendly free/open > publication) would not understand the controversy. The us vs. them of >the thing. [Stallman]: It is important to show the reader what the conflict is. But readers should know that the "establishment" side is deceiving the public about the basic issue. >>>>>>>>>> Subj: Re: licensing article Date: 6/1/00 From: tony stanco To: RMS [Stanco]: Let's allow people that disagree to enjoy the dignity of their beliefs. People are allowed to be "wrong." Let's argue with them, but not belittle them. Observers (present and future) of the debate will make up their own minds. All law is a matter of opinion. "Law" is what present lawyers/judges say it is, because it is a social construct without objective reality. The Constitution is just words on paper, until it's interpreted by the current legal generation and the interpretation changes to suit their views and prejudices. Also, the current legal generation is never a monolith. It is just majority opinions and dissenting opinions. And at this point, there are more of them than of us. I don't think that there is any point in trying to deny that. In trying to change that, yes, but not deny it. At any rate, in an economic era, economic success will convince a lot more people, than arguments anyway.