| 1 |
yavor |
1.14 |
<!--#include virtual="/server/header.html" --> |
| 2 |
ineiev |
1.39 |
<!-- Parent-Version: 1.86 --> |
| 3 |
ineiev |
1.27 |
<title>Why We Must Fight UCITA - GNU Project |
| 4 |
|
|
- Free Software Foundation</title> |
| 5 |
ineiev |
1.26 |
<!--#include virtual="/philosophy/po/ucita.translist" --> |
| 6 |
yavor |
1.14 |
<!--#include virtual="/server/banner.html" --> |
| 7 |
|
|
<h2>Why We Must Fight UCITA</h2> |
| 8 |
wkotwica |
1.5 |
|
| 9 |
|
|
<p> |
| 10 |
webcvs |
1.1 |
UCITA is a proposed law, designed by the proprietary software |
| 11 |
|
|
developers, who are now asking all 50 states of the US to adopt it. |
| 12 |
|
|
If UCITA is adopted, it will threaten the free software community |
| 13 |
yavor |
1.14 |
<a href="#Note1">(1)</a> with disaster. To understand why, please |
| 14 |
|
|
read on.</p> |
| 15 |
wkotwica |
1.5 |
<p> |
| 16 |
webcvs |
1.1 |
We generally believe that big companies ought to be held to a strict |
| 17 |
|
|
standard of liability to their customers, because they can afford it |
| 18 |
|
|
and because it will keep them honest. On the other hand, individuals, |
| 19 |
wkotwica |
1.5 |
amateurs, and good samaritans should be treated more favorably.</p> |
| 20 |
|
|
<p> |
| 21 |
webcvs |
1.1 |
UCITA does exactly the opposite. It makes individuals, amateurs, and |
| 22 |
wkotwica |
1.5 |
good samaritans liable, but not big companies.</p> |
| 23 |
|
|
<p> |
| 24 |
webcvs |
1.1 |
You see, UCITA says that by default a software developer or |
| 25 |
|
|
distributor is completely liable for flaws in a program; but it also |
| 26 |
|
|
allows a shrink-wrap license to override the default. Sophisticated |
| 27 |
|
|
software companies that make proprietary software will use shrink-wrap |
| 28 |
|
|
licenses to avoid liability entirely. But amateurs, and self-employed |
| 29 |
rsd |
1.24 |
contractors who develop software for others, will often be shafted |
| 30 |
webcvs |
1.1 |
because they didn't know about this problem. And we free software |
| 31 |
wkotwica |
1.5 |
developers won't have any reliable way to avoid the problem.</p> |
| 32 |
|
|
<p> |
| 33 |
webcvs |
1.1 |
What could we do about this? We could try to change our licenses to |
| 34 |
|
|
avoid it. But since we don't use shrink-wrap licenses, we cannot |
| 35 |
|
|
override the UCITA default. Perhaps we can prohibit distribution in |
| 36 |
yavor |
1.14 |
the states that adopt UCITA. That might solve the problem—for |
| 37 |
|
|
the software we release in the future. But we can't do this |
| 38 |
|
|
retroactively for software we have already released. Those versions |
| 39 |
|
|
are already available, people are already licensed to distribute them |
| 40 |
|
|
in these states—and when they do so, under UCITA, they would |
| 41 |
|
|
make us liable. We are powerless to change this situation by changing |
| 42 |
|
|
our licenses now; we will have to make complex legal arguments that |
| 43 |
|
|
may or may not work.</p> |
| 44 |
wkotwica |
1.5 |
<p> |
| 45 |
webcvs |
1.1 |
UCITA has another indirect consequence that would hamstring free |
| 46 |
yavor |
1.14 |
software development in the long term—it gives proprietary |
| 47 |
|
|
software developers the power to prohibit reverse engineering. This |
| 48 |
|
|
would make it easy for them to establish secret file formats and |
| 49 |
|
|
protocols, which there would be no lawful way for us to figure |
| 50 |
|
|
out.</p> |
| 51 |
wkotwica |
1.5 |
<p> |
| 52 |
webcvs |
1.1 |
That could be a disastrous obstacle for development of free software |
| 53 |
|
|
that can serve users' practical needs, because communicating with |
| 54 |
|
|
users of non-free software is one of those needs. Many users today |
| 55 |
|
|
feel that they must run Windows, simply so they can read and write |
| 56 |
yavor |
1.14 |
files in Word format. Microsoft's “Halloween documents” |
| 57 |
|
|
announced a plan to use secret formats and protocols as a weapon to |
| 58 |
|
|
obstruct the development of the GNU/Linux system |
| 59 |
|
|
<a href="#Note2">(2)</a>.</p> |
| 60 |
wkotwica |
1.5 |
<p> |
| 61 |
webcvs |
1.1 |
Precisely this kind of restriction is now being used in Norway to |
| 62 |
|
|
prosecute 16-year-old Jon Johansen, who figured out the format of DVDs |
| 63 |
|
|
to make it possible to write free software to play them on free |
| 64 |
|
|
operating systems. (The Electronic Frontier Foundation is helping |
| 65 |
wkotwica |
1.5 |
with his defense; see <a href="http://www.eff.org/">http://www.eff.org</a> |
| 66 |
|
|
for further information.)</p> |
| 67 |
|
|
<p> |
| 68 |
webcvs |
1.1 |
Some friends of free software have argued that UCITA would benefit our |
| 69 |
|
|
community, by making non-free software intolerably restrictive, and |
| 70 |
brett |
1.3 |
thus driving users to us. Realistically speaking, this is unlikely, |
| 71 |
webcvs |
1.1 |
because it assumes that proprietary software developers will act |
| 72 |
|
|
against their own interests. They may be greedy and ruthless, but |
| 73 |
wkotwica |
1.5 |
they are not stupid.</p> |
| 74 |
|
|
<p> |
| 75 |
webcvs |
1.1 |
Proprietary software developers intend to use the additional power |
| 76 |
|
|
UCITA would give them to increase their profits. Rather than using |
| 77 |
|
|
this power at full throttle all the time, they will make an effort to |
| 78 |
|
|
find the most profitable way to use it. Those applications of UCITA |
| 79 |
|
|
power that make users stop buying will be abandoned; those that most |
| 80 |
wkotwica |
1.5 |
users tolerate will become the norm. UCITA will not help us.</p> |
| 81 |
|
|
<p> |
| 82 |
webcvs |
1.1 |
UCITA does not apply only to software. It applies to any sort of |
| 83 |
|
|
computer-readable information. Even if you use only free software, |
| 84 |
|
|
you are likely to read articles on your computer, and access data |
| 85 |
|
|
bases. UCITA will allow the publishers to impose the most outrageous |
| 86 |
|
|
restrictions on you. They could change the license retroactively at |
| 87 |
|
|
any time, and force you to delete the material if you don't accept the |
| 88 |
|
|
change. They could even prohibit you from describing what you see as |
| 89 |
wkotwica |
1.5 |
flaws in the material.</p> |
| 90 |
|
|
<p> |
| 91 |
webcvs |
1.1 |
This is too outrageous an injustice to wish on anyone, even if it |
| 92 |
|
|
would indirectly benefit a good cause. As ethical beings, we must not |
| 93 |
|
|
favor the infliction of hardship and injustice on others on the |
| 94 |
|
|
grounds that it will drive them to join our cause. We must not be |
| 95 |
wkotwica |
1.5 |
Machiavellian. The point of free software is concern for each other.</p> |
| 96 |
|
|
<p> |
| 97 |
yavor |
1.14 |
Our only smart plan, our only ethical plan, is…to defeat UCITA!</p> |
| 98 |
wkotwica |
1.5 |
<p> |
| 99 |
webcvs |
1.1 |
If you want to help the fight against UCITA, by meeting with state |
| 100 |
|
|
legislators in your state, send mail to Skip Lockwood |
| 101 |
yavor |
1.14 |
<a href="mailto:dfc@dfc.org"><dfc@dfc.org></a>. He can tell you how to |
| 102 |
wkotwica |
1.5 |
contribute effectively.</p> |
| 103 |
|
|
<p> |
| 104 |
yavor |
1.15 |
Volunteers are needed most urgently in Virginia and |
| 105 |
|
|
Maryland <a href="#Note3">(3)</a>, but California and Oklahoma are |
| 106 |
|
|
coming soon. There will probably be a battle in every state sooner or |
| 107 |
|
|
later.</p> |
| 108 |
wkotwica |
1.5 |
<p> |
| 109 |
webcvs |
1.1 |
For more information about UCITA, see |
| 110 |
rsd |
1.23 |
<a href="http://web.archive.org/web/20000520080750/http://www.badsoftware.com/uccindex.htm">http://www.badsoftware.com |
| 111 |
|
|
[Archived Page]</a> or read the UCITA page on |
| 112 |
rsd |
1.22 |
Wikipedia: <a href="http://en.wikipedia.org/wiki/Uniform_Computer_Information_Transactions_Act"> |
| 113 |
|
|
http://en.wikipedia.org/wiki/Uniform_Computer_Information_Transactions_Act</a>. </p> |
| 114 |
|
|
<!-- Link broken as of 21 Oct 2012 |
| 115 |
|
|
InfoWorld magazine is also helping to fight |
| 116 |
webcvs |
1.1 |
against UCITA; see |
| 117 |
wkotwica |
1.5 |
<a href="http://archive.infoworld.com/cgi-bin/displayStory.pl?/features/990531ucita_home.htm"> |
| 118 |
rsd |
1.22 |
http://archive.infoworld.com/cgi-bin/displayStory.pl?/features/990531ucita_home.htm</a> |
| 119 |
|
|
--> |
| 120 |
yavor |
1.14 |
<h4>Notes</h4> |
| 121 |
|
|
<ol> |
| 122 |
|
|
<li id="Note1">Other people have been using the term “open |
| 123 |
|
|
source” to describe a similar category of software. I use the |
| 124 |
|
|
term “free software” to show that the Free Software |
| 125 |
|
|
Movement still exists—that the Open Source Movement has not |
| 126 |
|
|
replaced or absorbed us. |
| 127 |
wkotwica |
1.5 |
<p> |
| 128 |
webcvs |
1.1 |
If you value your freedom as well as your convenience, I suggest you |
| 129 |
yavor |
1.14 |
use the term “free software”, not “open |
| 130 |
|
|
source”, to describe your own work, so as to stand up clearly |
| 131 |
|
|
for your values.</p> |
| 132 |
|
|
<p> |
| 133 |
|
|
If you value accuracy, please use the term “free |
| 134 |
|
|
software”, not “open source”, to describe the work |
| 135 |
|
|
of the Free Software Movement. The GNU operating system, its |
| 136 |
|
|
GNU/Linux variant, the many GNU software packages, and the GNU GPL, |
| 137 |
|
|
are all primarily the work of the Free Software Movement. The |
| 138 |
|
|
supporters of the Open Source Movement have the right to promote their |
| 139 |
|
|
views, but they should not do so on the basis of our achievements.</p> |
| 140 |
wkotwica |
1.5 |
<p> |
| 141 |
mattl |
1.13 |
See <a href="/philosophy/open-source-misses-the-point.html"> |
| 142 |
|
|
http://www.gnu.org/philosophy/open-source-misses-the-point.html</a> for |
| 143 |
yavor |
1.14 |
more explanation.</p></li> |
| 144 |
|
|
|
| 145 |
|
|
<li id="Note2">The system is often called “Linux”, but |
| 146 |
|
|
properly speaking Linux is actually the kernel, one major component of |
| 147 |
|
|
the system (see |
| 148 |
|
|
<a href="/gnu/linux-and-gnu.html">http://www.gnu.org/gnu/linux-and-gnu.html</a>).</li> |
| 149 |
yavor |
1.15 |
|
| 150 |
|
|
<li id="Note3">The Maryland lower house has approved UCITA; there is a |
| 151 |
|
|
push to get the state senate to approve it before the end of the |
| 152 |
|
|
legislative session, on April 10. |
| 153 |
|
|
<p> |
| 154 |
|
|
To rush the consideration of this bill is even more obviously foolish |
| 155 |
|
|
than the bill itself. So if you live in Maryland, please phone or |
| 156 |
|
|
write to your state senator, saying the senate should at least defer |
| 157 |
|
|
UCITA for summer study, if it is not rejected outright.</p> |
| 158 |
|
|
<p> |
| 159 |
|
|
If you know anyone in Maryland who works with computers, please |
| 160 |
|
|
forward this message to that person and ask for per support.</p></li> |
| 161 |
yavor |
1.14 |
</ol> |
| 162 |
wkotwica |
1.5 |
|
| 163 |
|
|
<hr /> |
| 164 |
|
|
<p style="text-align:center"> |
| 165 |
webcvs |
1.1 |
If you support the anti UCITA campaign, <em>please make prominent links to |
| 166 |
ineiev |
1.33 |
this page, http://www.4cite.org [closed].</em> |
| 167 |
wkotwica |
1.5 |
</p> |
| 168 |
webcvs |
1.1 |
|
| 169 |
wkotwica |
1.5 |
<hr /> |
| 170 |
yavor |
1.14 |
<h4>Links to other articles</h4> |
| 171 |
wkotwica |
1.5 |
<ul> |
| 172 |
th_g |
1.35 |
<li><a href="https://web.archive.org/web/20160322150920/http://www.ieeeusa.org/policy/issues/UCITA">IEEE |
| 173 |
|
|
supports the movement to oppose UCITA [Archived Page]</a></li> |
| 174 |
rsd |
1.23 |
|
| 175 |
th_g |
1.41 |
<li><a href="https://www.computerworld.com/article/2593115/cios-join-fight-to-kill-ucita.html">CIOs |
| 176 |
rsd |
1.23 |
join fight to kill UCITA</a></li> |
| 177 |
|
|
|
| 178 |
|
|
<li><a href="http://web.archive.org/web/20010818101424/http://interlog.com/~cjazz/bnews7.htm">Anti |
| 179 |
|
|
UCITA, and other interesting links maintained by Citizens on the Web |
| 180 |
|
|
[Archived Page]</a> |
| 181 |
|
|
</li> |
| 182 |
|
|
|
| 183 |
wkotwica |
1.5 |
</ul> |
| 184 |
|
|
|
| 185 |
yavor |
1.14 |
</div><!-- for id="content", starts in the include above --> |
| 186 |
|
|
<!--#include virtual="/server/footer.html" --> |
| 187 |
|
|
<div id="footer"> |
| 188 |
ineiev |
1.28 |
<div class="unprintable"> |
| 189 |
wkotwica |
1.5 |
|
| 190 |
ineiev |
1.27 |
<p>Please send general FSF & GNU inquiries to |
| 191 |
|
|
<a href="mailto:gnu@gnu.org"><gnu@gnu.org></a>. |
| 192 |
|
|
There are also <a href="/contact/">other ways to contact</a> |
| 193 |
|
|
the FSF. Broken links and other corrections or suggestions can be sent |
| 194 |
|
|
to <a href="mailto:webmasters@gnu.org"><webmasters@gnu.org></a>.</p> |
| 195 |
|
|
|
| 196 |
|
|
<p><!-- TRANSLATORS: Ignore the original text in this paragraph, |
| 197 |
|
|
replace it with the translation of these two: |
| 198 |
|
|
|
| 199 |
|
|
We work hard and do our best to provide accurate, good quality |
| 200 |
|
|
translations. However, we are not exempt from imperfection. |
| 201 |
|
|
Please send your comments and general suggestions in this regard |
| 202 |
|
|
to <a href="mailto:web-translators@gnu.org"> |
| 203 |
|
|
<web-translators@gnu.org></a>.</p> |
| 204 |
|
|
|
| 205 |
|
|
<p>For information on coordinating and submitting translations of |
| 206 |
|
|
our web pages, see <a |
| 207 |
|
|
href="/server/standards/README.translations.html">Translations |
| 208 |
|
|
README</a>. --> |
| 209 |
|
|
Please see the <a |
| 210 |
|
|
href="/server/standards/README.translations.html">Translations |
| 211 |
|
|
README</a> for information on coordinating and submitting translations |
| 212 |
|
|
of this article.</p> |
| 213 |
ineiev |
1.28 |
</div> |
| 214 |
ineiev |
1.27 |
|
| 215 |
|
|
<!-- Regarding copyright, in general, standalone pages (as opposed to |
| 216 |
|
|
files generated as part of manuals) on the GNU web server should |
| 217 |
gnun |
1.32 |
be under CC BY-ND 4.0. Please do NOT change or remove this |
| 218 |
ineiev |
1.27 |
without talking with the webmasters or licensing team first. |
| 219 |
|
|
Please make sure the copyright date is consistent with the |
| 220 |
|
|
document. For web pages, it is ok to list just the latest year the |
| 221 |
|
|
document was modified, or published. |
| 222 |
|
|
|
| 223 |
|
|
If you wish to list earlier years, that is ok too. |
| 224 |
|
|
Either "2001, 2002, 2003" or "2001-2003" are ok for specifying |
| 225 |
|
|
years, as long as each year in the range is in fact a copyrightable |
| 226 |
|
|
year, i.e., a year in which the document was published (including |
| 227 |
|
|
being publicly visible on the web or in a revision control system). |
| 228 |
|
|
|
| 229 |
|
|
There is more detail about copyright years in the GNU Maintainers |
| 230 |
|
|
Information document, www.gnu.org/prep/maintain. --> |
| 231 |
wkotwica |
1.5 |
|
| 232 |
gnun |
1.38 |
<p>Copyright © 2000, 2008, 2013, 2016, 2017, 2018 Free Software Foundation, Inc.</p> |
| 233 |
webcvs |
1.1 |
|
| 234 |
jturner |
1.17 |
<p>This page is licensed under a <a rel="license" |
| 235 |
gnun |
1.32 |
href="http://creativecommons.org/licenses/by-nd/4.0/">Creative |
| 236 |
|
|
Commons Attribution-NoDerivatives 4.0 International License</a>.</p> |
| 237 |
wkotwica |
1.5 |
|
| 238 |
ineiev |
1.25 |
<!--#include virtual="/server/bottom-notes.html" --> |
| 239 |
|
|
|
| 240 |
ineiev |
1.30 |
<p class="unprintable">Updated: |
| 241 |
bkuhn |
1.2 |
<!-- timestamp start --> |
| 242 |
th_g |
1.41 |
$Date: 2018/12/15 14:02:39 $ |
| 243 |
bkuhn |
1.2 |
<!-- timestamp end --> |
| 244 |
wkotwica |
1.5 |
</p> |
| 245 |
|
|
</div> |
| 246 |
ineiev |
1.40 |
</div><!-- for class="inner", starts in the banner include --> |
| 247 |
wkotwica |
1.5 |
</body> |
| 248 |
sinuhe |
1.7 |
</html> |