Categories
Geek / Technical Politics/Government

Free Software and the Power of Language

It’s been coming up a lot recently, and I, as a Gnu/Linux user and Free Software advocate, am getting tired of being lumped in with software pirates. Free Software and Open Source Software is not about getting something for nothing. They aren’t about stealing anyone’s livelihood. They aren’t about ripping off hard-working programmers.

The use of the word “free” is unfortunate in that people think it means “$0” or “no price”. The Free Software Foundation won’t use another word because they want to emphasize freedom; “open source” doesn’t call to mind the idea of freedom at all. The FSF philosophy is that all users should have the freedom to run, copy, distribute, study, change and improve the software.

Free Software refers to freedom, not price. Most people get that part.

What is frustrating is the number of people who support Free Software AND miss the entire concept of freedom. These people are worse than the ones who are against Free Software because they think it is about giving away things for free; they make it seem like the GPL was created specifically to prevent commercial use!

I’ve argued that the distinction between “free software” and “commercial software” is false; they are not mutually exclusive. A lot of people on all sides of the argument are careless with these words, which only muddies the waters and makes “free software” much more confusing to talk about. The use of the right words makes all the difference. “Death Tax” sounds a lot worse than “Estate Tax”, for instance, and the use of one term instead of the other helps to change the way you think, especially if you can’t be bothered to learn about the facts.

From gnu.org’s Words to Avoid:

“Free software” does not mean “non-commercial”. A free program must be available for commercial use, commercial development, and commercial distribution. Commercial development of free software is no longer unusual; such free commercial software is very important.

“Commercial”

Please don’t use “commercial” as a synonym for “non-free.” That confuses two entirely different issues.

A program is commercial if it is developed as a business activity. A commercial program can be free or non-free, depending on its license. Likewise, a program developed by a school or an individual can be free or non-free, depending on its license. The two questions, what sort of entity developed the program and what freedom its users have, are independent.

In the first decade of the Free Software Movement, free software packages were almost always noncommercial; the components of the GNU/Linux operating system were developed by individuals or by nonprofit organizations such as the FSF and universities. Later, in the 90s, free commercial software started to appear.

Free commercial software is a contribution to our community, so we should encourage it. But people who think that “commercial” means “non-free” will tend to think that the “free commercial” combination is self-contradictory, and dismiss the possibility. Let’s be careful not to use the word “commercial” in that way.

How many anti-Free Software zealots would be surprised at the above? Heck, how many pro-Free Software zealots would be surprised at the above? From flame wars on a forum to government reports to FUD spread by certain organizations and companies, the use of the word “commercial” as opposite “Free Software” or “open source” makes people think that FOSS must necessarily be non-commercial. It’s not.

When talking about free software, it is best to avoid using terms like “give away” or “for free”, because those terms imply that the issue is about price, not freedom. Some common terms such as “piracy” embody opinions we hope you won’t endorse.

Let me put that part in bold: Some common terms such as “piracy” embody opinions we hope you won’t endorse.

For those who think that the FSF is about supporting piracy, how do you explain that statement?

On the same page:

“Piracy”

Publishers often refer to prohibited copying as “piracy.” In this way, they imply that illegal copying is ethically equivalent to attacking ships on the high seas, kidnapping and murdering the people on them.

If you don’t believe that illegal copying is just like kidnapping and murder, you might prefer not to use the word “piracy” to describe it. Neutral terms such as “prohibited copying” or “unauthorized copying” are available for use instead. Some of us might even prefer to use a positive term such as “sharing information with your neighbor.”

Perhaps that last line might sound like support for piracy, and I have to admit that I also questioned what it meant. I sent an email to the FSF asking for clarification. The response was from Program Assistant Tony Wieczorek:

Our concerns with people referring to piracy are that companies use that pejorative term to denounce all of our efforts. We are afraid that people will call our legitimate and legal practices piracy for lack of a better term. That, of course, is not the case at all. We believe that software should be free, and we use the law (copyright law, in the case of the GPL) to achieve that (albeit in a way that most people don’t use that law – this is the idea of copyleft).

I think that paragraph is also meant to point out that equating copying software with raping and pillaging ships is gauche. The two crimes are nowhere near similar and people should make that point when they speak of illegal copying.

So the FSF doesn’t endorse piracy and wants to make sure that Free Software is considered distinct from something illegal. I feel that they are making two arguments at once and make their points needlessly confusing, but the second argument was that copyright infringement isn’t something comparable to what pirates did/do.

For an example of why the confusion about FOSS and commercial software is a problem, check out this news item on Linux Games announcing Caravel Games’ DROD: Journey to Rooted Hold. One comment in response to the idea of an open source shareware game:

WTF? What on earth is open source shareware?

Nevermind that id had released the source to a number of their older games while still requiring you to purchase the game to play it. The idea that Free and Open Source software can also be commercial software is too confusing for a lot of people. The expectation is that if it is commercial, then it can’t possibly be Free Software.

There are practical concerns, of course. You can’t just release your software under the GPL and expect to be able to sell it the same exact way you sold your proprietary software. Still, it is possible to make a profit by way of software that doesn’t restrict your customers’ freedoms. While it is easier to earn revenue through an MMO game through subscriptions — “The client can be both Free and free, but to play on our awesome servers, you’ll need to pay” — it is also possible to sell a non-MMO, open source game and make a profit. If you immediately make the argument that EXAMPLE XYZ proves that Free and Open Source Shareware can’t work, recognize that you are coming to a conclusion based on one counterexample. Rather than asking “How can I make it work?”, you are simply stating “It can’t work.”

If you think that the effort to make a profit from Free and Open Source Software is too great to justify, that’s fine. You’ve made what is hopefully a well-informed decision for yourself. Just realize that it isn’t impossible to make money from FOSS, that it isn’t illegal to use or create FOSS, and that it isn’t about getting something for nothing. Free Software is not about supporting piracy. It isn’t the opposite of commercial software. It’s about freedom, and when it comes to the GPL specifically, the license requires that commercial software be possible. It’s not a contradiction.

You’ll find people online who support FOSS but also make confusing statements about licensing. For a good example, the Linux Gamers’ Game List at icculus.org lists games that are available for Gnu/Linux. The license section would presumably tell you what the license for the game entails, but it actually doesn’t. It tells you whether or not it costs money. The reason I was given was that someone’s grandmother would get confused about the idea that a game could be Free and cost money. I think that the column shouldn’t be called “License” if it isn’t really about the license. I would think labeling it “Cost” would avoid confusion if the purpose of the listing is to help out people who would be confused about licensing issues. I also think that most grandmothers probably wouldn’t think to look for the list in question, let alone find it.

Another example? Pick one out of the many Free games, and you’ll most likely find one. The GPL was for computer code. It makes no sense when it comes to an image or a piece of music. Still, most authors will simply license the entire game under the GPL without a thought.

People will argue that the best part of FOSS is that it doesn’t cost anything. Now, when you were first told about the FSF, the GPL, and Free Software, who did you hear it from first? Was it from people who said, “It’s about freedom! Here, let me explain what I mean…” or was it from “It doesn’t cost anything!” Most detractors seem to hear it from the latter. For example, you’ll see lines like “But the FSF is in the minority when it comes to convincing developers that giving away their software for free is the right thing to do.” Reading that line, you’d think that the Free Software Foundation WAS trying to convince people to give away code at no cost. You’d also be more inclined to believe that the GPL was about giving away something for nothing and that FOSS is about stealing the livelihood of those would dare to try to make their software into a commercial product. The funny part is that the same people who complain that the GPL is about giving away software also prefer to use code licensed under BSD, MIT, and similar licenses that basically allow you to take code and make it your own…essentially, taking without giving. So while the GPL is supposedly guilty of forcing people to give away their code for nothing, the accusors prefer code that actually is available for nothing. Interesting, eh? But I digress…

Multiply each of the above with the millions of people on the World Wide Web, and you can see why people would be confused about the nature of Free Software. There is a definite minority who are “on message” for Free Software, but they have to compete with the language of those who think FOSS is evil — calling it a cancer or referring to supporters as communists — as well as those who think it is great but don’t actually get the idea behind it.

Categories
Politics/Government

Illinois Video Game Ban Ruled Unconstitutional

Governor Blagojevich plans to appeal a ruling by U.S. District Court Judge Matthew Kennelly that deemed the Illinois restrictions on sales were unconstitutional.

“This battle is not over,” Blagojevich said in a statement. “Parents should be able to expect that their kids will not have access to excessively violent and sexually explicit video games without their permission.”

He also added excessively violent movie tickets, DVDs, books, magazines, and cable television would be added to the list.

No, wait. That would be logically consistent. I made that part up.

Anyway, my favorite part from the article:

“In this country, the state lacks the authority to ban protected speech on the ground that it affects the listener’s or observer’s thoughts and attitudes,” Kennelly wrote.

Of course, what impact will it have on banning indecent material, such as porn? Wasn’t the point of doing so to prevent children from “being led astray”? You know, by affecting their thoughts and attitudes?

I didn’t read the official ruling, but I would think that that statement alone might do more than expected. Was it careless? I’m not a lawyer, but I think it was.

At the same time, while I am not a parent, I am not sure that I would want my government dictating to me what my children should and shouldn’t be able to see, read, or hear. No porn? No violent content? Yeah, I’ll just ban it in my own home, thank you very much.

Of course, banning the sales of such games to minors wasn’t really going to have a huge effect. Most of the time the parents buy the games for them anyway, and according to some anecdotal reports, they buy them even if the clerk at GameStop asks, “Are you sure it’s appropriate?” So how does the law help parents be better parents?

It doesn’t.

So why am I upset about such a law? If it wouldn’t have a big effect anyway, why oppose it?

Because if this law is allowed, then what’s to prevent someone from going further the next time? Will the actual development of violent games be banned next because the previous was found to not be good enough? Will the government actually be able to accurately rate games as appropriate or not, or will it just use vague language to cause a lot of confusion, resulting in the banning of games like Super Smash Bros Melee along with Mortal Kombat and GTA?

The government has enough problems and issues to deal with. Parenting is a tough job, and the government is not going to be able to do it.

Categories
Game Development Politics/Government

Future Copyright Developments

Ernest Adam’s The End Of Copyright on Gamasutra focuses on a very touchy subject. I don’t know if I agree that copyright will end completely, but I do like that Adam’s actually did what most people seem to be afraid to do: he looked at different possible business models. He also appreciates that copyright is not the inalienable right that some people make it out to be.

Obviously the traditional business model of selling a single copy to each player isn’t the only one that exists. MMO games, even before Everquest, show that subscriptions work just as well. Some people will pay for better features, improved items, or just faster servers. Some people would pay for the privilege of having a better quality experience. Imagine if a Mickey Mouse movie came out that wasn’t by Disney but was 100 times better than anything Disney ever produced? Sure, if there wasn’t any copyright, anyone could then redistribute it, but I’m sure you could make some decent money by charging for the privilege of seeing it when it is only released in a select few theaters that you control, right?

I don’t think copyright should go away, but even if it did, I don’t think it would be the end of innovation and science. People will still want to create. They will still want to design. They will still work. I really don’t see everyone falling on their knees and crying out “What do we do now without the protection of copyright?!?” Oh, I don’t know, you could just make money by being the sole provider of an original work?

Of course, without copyright you won’t even have open source software to blame for your inability to profit from your work. If people didn’t want to give away the source code, they could keep it a secret. People do so now, anyway, but without copyright there would be no legal recourse to get access to the source. Open source and proprietary software both benefit from copyright law, contrary to what some would report as fact.

Anyway, it is good that a big name is actually taking a look at the industry and saying, “Hey, you don’t HAVE to do things the way everyone else is!” The idea that the most popular business model isn’t necessary is still a “crazy” one to a lot of people.

Categories
Geek / Technical Marketing/Business Politics/Government

FOSS Is Not To Blame For Piracy

Linux News says Digital Rights Management Picking on the Wrong People is an article to defend Free and Open Source Software against the charges that they are the ones who promote piracy.

I was surprised to hear from someone on the Indie Gamer Forums many months ago that all of the contact he had with FOSS was with people who only wanted things for free and would pirate everything from movies to games. There is also a lot of animosity towards FOSS in the ASP newsgroups, and a few months ago there was even an article in the newsletter about how FOSS was supposedly bad for business and didn’t offer any benefits to the public.

My experience is very different. I have a friend who refuses to buy DVDs because he doesn’t want to support the media cartel and the digital restrictions management used in most DVDs. I know people who pirate games and movies, but I also know people who refuse to use anything to do with Windows. If it isn’t available, they do without. After all, if you can’t play a game on Gnu/Linux, what would be the point in pirating it? Rather than break the law to watch his own movies, my friend just decides to be very selective with his DVD purchases. Revolution OS is one of the only DVDs I know that doesn’t use stupid region encoding, something that does nothing but punish paying customers while allowing commercial piracy to still occur.

In any case, it seems to me that most people who use Free and Open Source Software are fully aware of the licensed terms under which they may use their software. They are the ones who refuse to use Windows Media Player because they would prefer that their software doesn’t change the way their computer works without them knowing about when, how, and why. You can read the WMP EULA and see that it is pretty absurd what you have to agree to allow Microsoft to do. If anyone is committing piracy, whether casual or not, it’s more likely the people who don’t realize what it is the license allows them to do. Why would FOSS supporters be part of a group of people who ignore licenses and EULAs?

Sure, there are those who don’t care about the license and just want everything to be available at no cost. Open source usually is free-as-in-beer, and so if you want freely available software, it’s definitely safer than trying to get away with copying software illegally. Still, some people are going to make illegal copies of Windows, or games, or office software, or even shareware, and it is definitely possible that those same people might support FOSS.

But what a broad paintbrush we would have if we made the assertion that FOSS users in general are the ones who will most likely copy software illegally. It really makes no sense that people who consciously use FOSS to avoid vendor lock-in or support software freedom would at the same time pirate software that was proprietary or work only on a proprietary system that they are not using.

I guess I don’t interact with enough people outside of the FOSS community. I haven’t heard of too many people who believe that we’re all criminals or out to destroy the livelihoods of software developers or that we’re just anti-Microsoft zealots, but those people exist. Somehow they “heard” or “learned” what they believe FOSS is all about. They get almost as shrill defending what they think as people do when you try to tell them that copyright infringement is not the same as “theft”, and it is probably because the two issues are so related in their minds.

Maybe it is just because it is an issue related to copyright, which is fairly complicated and even people who think they know about it can be wrong. Maybe it is because FOSS is really different; when you’re driving an automatic all your life and someone gives you a manual, you’d freak out at first because you have no idea how to drive. “Why is it so complicated?! I just want to get from point A to point B!!” Or, since a lot of you are probably geeks likes me, it’s like when you give someone vi or emacs after they have been using text editors like Notepad or Pico for years. It’s a different way to think about typing. Similarly, FOSS is a different way to think about software.

Some people dismiss FOSS for their own good reasons. They’ve at least thought about it, researched it, and come to their own conclusions. But it seems that when I do meet people who “don’t get it”, they really don’t get it. They don’t understand that Free, with a capital ‘F’, as in Freedom, is different from free, lowercase ‘f’, as in “no cost”. “But why is it such a problem to pay for it?” It isn’t! There is no problem with paying for FOSS. People can’t wrap their heads around it because of the unfortunate double-meaning of “free”.

But people for some reason have no problem making the leap from “FOSS means no cost”, however erroneous that thought is, to “FOSS means stealing software”, which is an even worse assumption. While I believe some might have an agenda and would purposely lead people astray, and some other people might honestly feel that they are fighting a good fight to defend non-FOSS, I think most people just attack what they don’t understand.

Categories
Politics/Government

Even More DRM Stupidity

DRM: A Personal Story is another excellent article from ZDNet on the topic of Digital Restrictions Management.

The Digital Millenium Copyright Act was supposed to be legislation to update the copyright laws to protect copyright in an age of computers and one minute downloads. The biggest change to come from it was the idea that circumventing copy protection, no matter how simple and no matter what your intent, is now a felony. Unfortunately, technology talk goes over most heads, and when you mix in copyright, most people will have their eyes glaze over.

Well, this article makes it quite clear how DRM and the DMCA can affect customers adversely. Imagine trying to take a copy of a television program from your TiVo and copy it to your new video-playing iPod. It’s easy. It’s simple. It’s a felony.

And the fact that it is a felony is stupid.

Let’s ignore the fact that it is already illegal to upload a copyrighted file to a friend and that making it illegal to circumvent copy protection is just absurd overkill that doesn’t do much to discourage it anyway. What public benefit comes from turning your customers into felons just because they wanted to interoperate with other devices they own? You know, Fair Use? The reason why I am allowed to use my VCR to copy a television program for later viewing? The reason why I can take a VHS tape and convert it to DVD? The reason I can rip my music collection to OGG Vorbis or MP3 and play it on my computer? Why do my potential Fair Use rights have to be nullified simply because it would be illegal to take action to exercise those rights?

Who benefits? TiVo gets to keep its business model? Yeah, that’s nice. I can only watch a video on a device because that device makes it impossible to play the video on another device without requiring a law to be broken.

So, I will never get a TiVo. I will never get an iPod. I will never get a device that prides itself on being so proprietary and restrictive.

I would really love to read some decent pro-DRM articles, but any that I’ve found are just spreading Fear, Uncertainty, and Doubt. I really don’t believe that paying $15-$20 for a Dave Matthews CD and ripping it to my computer would actually bring about the downfall of the music entertainment industry. I really don’t think that the lack of a Broadcast Flag on television signals is going to destroy television. After all, the VCR didn’t bring about the ruin of the movie industry, even though the movie industry would have loved to have made the VCR illegal.

Categories
Politics/Government

Today’s Juxtaposed Headlines

The Chicago Tribune: “TERROR STRIKES JORDAN”

The Chicago Sun-Times: “SEX BLANKETS TV”

Both are supposed to be alarming headlines. The sad thing is that I think more people would be shocked and concerned about the latter. Last I checked, tens of people weren’t killed by televised sexual innuendo exploding into their living rooms.

Categories
Geek / Technical Politics/Government

I Would Like My Digital Rights Back

Rant Mode Equals One: Score: Digital Privacy 0, Digital Piracy 1 is an interesting article talking about the problem with digital piracy.

But not the kind everyone thinks about. It isn’t trying to defend the movie, computer, and recording industries with their draconian copyprotection and laws. It’s an article arguing that individual rights are being compromised.

How does Sony get away with putting a root-kit on your system? Why is any company allowed to compromise the security of your computer just so they can determine that you haven’t made a copy, whether legally or not? And why are laws being passed to allow it?

Yeah, thanks, but no thanks. I’ll just keep control of my own computer.

Categories
Politics/Government

Jack Thompson Loses An “Ally”

America’s National Institute on Media and the Family sent out an open letter asking Jack Thompson to stop acting as if the institute is an ally in his fight against the video game industry.

Your commentary has included extreme hyperbole and your tactics have included personally attacking individuals for whom I have a great deal of respect. I believe that respect is essential in all our dealings, including respect for those with whom we disagree. Some of the people that you have publicly criticized are not only people of integrity, but are people who have worked to improve the lives of children.

Even though we have no formal relationship your use of my name and your inclusion of my name in correspondence have created the impression that we condone these tactics. We do not. The result is that our position and reputation as a research based, non-partisan, solution-focused organization has been jeopardized. Consequently, I ask that you cease using the Institute’s or my name in any way that would give the impression that we support your efforts. I also ask that you remove the link to our website that appears on your site.

Maybe it might not mean much, but it shows that it isn’t just 13-year video game fans and predatorial game developers who think Thompson goes a bit too far.

Categories
Politics/Government

Game Developer Unions?

Code Union, Code Better in the latest Escapist talks about the benefits of organizing software developers to reverse the pendulum which has currently swung “in the direction of upper management, to the point where workers are forced to accept low pay and long hours out of fear”.

The author fears that besides the threat of outsourcing cogs in a wheel to cheaper nations, the current developers are working for longer hours and little pay as it is. He compares the situation with the meatpacking or coal mining industries of yesteryear.

In ea_spouse, we had our Upton Sinclair, but we’re without a Teddy Roosevelt. Without a friend in politics, we’re a massive blob with no direction, no drive. Someone is going to have to step up from within to give us a figurehead. The industry is in the middle of a rockstar drought, but we need someone like the industry’s founding fathers, able to capture our hearts and minds, not only with a game, but with a personality and a cause. But with corporate cultures disintegrating as bottom lines and mergers usurp artistic vision, rockstars are getting harder and harder to come by.

Pray for one to rise from the bowels of some dungeon-like cube farm. We need a savior-caliber leader to keep us together, and to keep us employed.

I’m not intimately familiar with EA’s work practices, but I’m familiar with the stories. Near-80-hour weeks without pay to make up for it. If you can’t handle it, we’ll find someone who will. With EA being such a giant in the game industry, a lot of people feel that they have no choice but to work in such dismal conditions.

But Blancato has brought up a good point: where is the strong leader to say “No!” to EA? With EA working with so many development teams and such big names as Will Wright and now Steven Spielberg, why haven’t any of them said anything?

Obviously some people love working for EA, and the bad news is getting a lot more press than it might otherwise have at some other company. Still, if people hate the conditions so much, wouldn’t some of their major game developers have a say? Will Wright at EA Maxis? Rick Hall at EA Origin? Heck, Peter Molyneux’s games get published by EA. Why not him? Wouldn’t someone want to step up for their teams and say, “You know, I don’t think you should treat the rest of them so badly. They need better work conditions, or I’m out of here.”? Would it be too farfetched to hear one day that Spielberg decided not to work with EA due to the conditions of the developers?

It’s generally considered normal in the game industry to work long hours and go through crunch periods to meet deadlines. It’s almost been a badge of honor. Still, plenty of studies have shown that there are fewer errors when working sane hours and people get to take breaks and go get some sleep. Forcing people to work 60+ hour weeks for months at a time is not only abuse but also counterproductive. EA took it to an extreme.

Some EA studios apparently do better than others as far as employee satisfaction. They come in expecting crunch periods towards the end of a project, but they also get great benefits and extra vacation time. According to ea_spouse, some or all of these benefits were going to be revoked. It definitely can’t be all good there.

I write all this not being someone on the inside. I’ve never worked at any major game company, let alone any of EA’s studios. I don’t really know too many game developers, but I’ve heard and read from some of them. Everyone knows the horror stories, whether they are glorified or not. Maybe someone will read what I have to say and dismiss it as just another irrelavant opinion. Still, why haven’t we heard from some of the studio’s major figures regarding EA’s work practices? Obviously no one wants to lose his/her job, but they can’t really fire everyone, nor could they allow some non-EA game studio to pick up their stars, right?

Categories
Politics/Government

Jack Thompson’s Modest Proposal

I was about to make a huge post about Jack Thompson’s “modest proposal”, but I just realized that besides the game industry magazines and news sites, no one is reporting it. It is probably just as well.

If you’re curious, I’ll link to the Joystiq article.

I gained slightly more respect for him after listening to the interview podcast on Game Politics, but this proposal sank my opinion of him.

EDIT: Ctrl-Alt-Delete has a comic and an open letter about the “modest proposal”.