[pp.int.general] copyright vs. "droit d'auteur"

[Per von Zweigbergk]

10 jan 2009 kl. 21.32 skrev Richard M Stallman:

>    1. It restricts the basic freedom of expression and information
>    transfer - if you release a binary file without putting sources in
>    escrow, you are suddenly guilty of a crime.  You should also have  
> the
>    right to sell the binary (if somebody wants to buy it).
>
> Your point is valid, as regards the actions of individuals; but if
> this requirement were limited to commercial release of software, I
> see nothing wrong with that.


This has been one of my main objections to the idea of keeping  
software source code in escrow, and I think that such a concession -  
that source code escrow would apply to commercially released software  
only - makes your proposal much less bad.

Also, in the same post I'm quoting, you're saying that there might not  
need to be a "database" per se, it would suffice with a regulation  
requiring companies to keep source code, and release it after five  
years. This also seems like an acceptable system.

However, the proposal is still bad, in my view, because it - unlike  
other Pirate Party proposals - regulates the processes in which works  
are produced and dictates publication. This would make implementation  
a complete and utter nightmare, if a single country were to attempt to  
implement it.

I predict that a sizable chunk of the computing industry - much of  
which releases proprietary software in the course of its operations -  
would be severely affected by such a regulation, and would be  
encouraged to move their operations to a country more favorable to  
proprietary software development and to stop publishing software in  
specific countries because of the legal liabilities. This, in turn,  
would mean a reduction of consumer choice, even making some tasks with  
a computer impossible without commissioning a programmer to create  
Free Software to do the task. This is especially a concern for a lot  
of vertical market software, and in the end might cause a negative  
effect in productivity in the rest of the economy.

This is as opposed to our other proposed changes in legislation that  
would, if anything, attract and stimulate business - other than  
businesses that are already dying because of out-of-date business  
models. And even if said effect would not happen or be minimal - the  
point isn't whether it will happen, it's that it can happen, and that  
such a proposed law would make it much more difficult for us to rally  
support. In other words - I believe that we can not risk the  
controversy and split that would result from adopting such a proposal.

While I understand your argument from a Free Software point of view,  
and I understand that you mainly represent the Free Software movement  
rather than the pirate movement -- in my opinion the interests of the  
pirate movement are not served by such a proposal, even though it is  
interesting and even tempting on some level.

As such - a bonus in the length of the copyright term for Free  
Software and other works released under a free license, would be a  
much less impractical solution.

-- 
Per von Zweigbergk

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