How Free Software's approach to licensing affected the Free Culture movement. Talk given at http://freeculture.info/

1. Free Software Has Influenced Free Culture

2. We must allow all human creativity to be as free as free
software
– Hans-Christoph Steiner, 2008 (via Marc Garrett)

3. The inspiration for the title and for much of the
argument of this book comes from the work of Richard
Stallman and the Free Software Foundation. Indeed, as I
reread Stallman’s own work, especially the essays in Free
Software, Free Society, I realize that all of the theoretical
insights I develop here are insights Stallman described
decades ago.
– Lawrence Lessig, 2005

4. What Is Free Software?

5. I consider that the golden rule requires that if I like a
program I must share it with other people who like it.
– Richard M. Stallman, 1983

6. The hacker ethic (Levy, Hackers, 1984):
• Access to computers should be unlimited and total.
• Always yield to the Hands-On Imperative
• All information should be free.
• Mistrust authority–promote decentralization.
• Hackers should be judged by their hacking.
• You can create art and beauty on a computer.
• Computers can change your life for the better.

7. The hacker ethic was threatened by “intellectual property”
• copyright - 1970s
• patents - 1980s
• DRM - 1990s

8. What is free software? - Richard M. Stallman:
• The freedom to run the program, for any purpose (freedom 0).
• The freedom to study how the program works, and change it
so it does your computing as you wish (freedom 1).
• The freedom to redistribute copies so you can help your
neighbor (freedom 2).
• The freedom to distribute copies of your modified versions to
others (freedom 3).

9. How Is Free Culture Like Free Software?

10. In the name, power, and help of the Creator Ohrmazd,
the Glorious, the Great, wishing health and long life for
all good-doers especially those who have this (text)
(re)written.
– Ardeshir-e Babakan, c200AD

11. Everyone has the right to freedom of expression. This
right shall include freedom to hold opinions and to receive
and impart information and ideas without interference by
public authority and regardless of frontiers.
– Article 10 of the European Convention on Human Rights

12. Freedom of expression is threatened by “intellectual property”
• copyright
• trademarks
• DRM

13. “Literary works” are works, other than audiovisual works,
expressed in words, numbers, or other verbal or numerical
symbols or indicia, regardless of the nature of the
material objects, such as books, periodicals, manuscripts,
phonorecords, film, tapes, disks, or cards, in which they
are embodied.
– Title 17 of the United States Code

14. ...we conclude that encryption software, in its source
code form and as employed by those in the field of
cryptography, must be viewed as expressive for First
Amendment purposes.
– Bernstein v USDOJ, 1999

15. freedomdefined.org:
• the freedom to use the work and enjoy the benefits of using it
• the freedom to study the work and to apply knowledge
acquired from it
• the freedom to make and redistribute copies, in whole or in
part, of the information or expression
• the freedom to make changes and improvements, and to
distribute derivative works
This works because the texts of computer programs and the texts
of culture are both subject to copyright

16. use = read, watch, listen, view, consult, play
study = analysis, critique, coursenotes, essays
copies = analogue, digital, no DRM
derivative works = adaptation, translation, remix, collage, sample

17. How Exactly Has Free Software Influenced Free Culture?

18. The hacker ethic as ideal

19. Collaboration

20. Licenses
Copyrights (and other restrictions)
Ironise the restrictions of copyright into freedoms
Turn the strength of copyright against itself

21. Free Software Licenses:
• Emacs Commune - 1970s (informal) - Richard M. Stallman
• TeX - 1978 - Donald Knuth
• BSD - 1988 - University of California
• GNU GPL - 1989 - Richard M. Stallman

22. Free Culture Licenses:
• Open Content License - 1998 (Disallowed some charges)
• Open Publication License - 1999 - David Wiley
• License Art Libre/Free Art License - 2000 - Copyleft Attitude
• Creative Commons Licenses - 2002 - Creative Commons

23. Common Features Of Free Software And Free Culture
Licenses

24. Attribution
BSD - “All advertising materials mentioning features or use of this
software must display the following acknowledgement: This
product includes software developed by the organization.”
Creative Commons Attribution - “You must ... provide, reasonable
to the medium or means You are utilizing: ... the name of the
Original Author (or pseudonym, if applicable)”

25. Copyleft
GPL - “You may convey a work based on the Program, [... ] You
must license the entire work, as a whole, under this License...”
Creative Commons ShareAlike - “You may Distribute or Publicly
Perform an Adaptation only under the terms of ... this License...”

26. Non-endorsement
BSD - “Neither the name of the organization nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.”
Creative Commons Attribution - “You may not implicitly or
explicitly assert or imply any connection with, sponsorship or
endorsement by the Original Author”

27. Free Software’s influence on Free Culture has been immense

28. Not least in Free Culture’s use of licenses