Free and Open Source Software: Difference between revisions

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=Precis=
=Precis=


Free software seems to have a dual-nature: it can be at once "free as in beer" and also "free as in speech". More academically said, free software is [http://en.wikipedia.org/wiki/Free_software software libre] or [http://en.wikipedia.org/wiki/Freeware software gratis], often both. By these words we can see how [http://en.wikipedia.org/wiki/Free_and_open_source_software Free / Open Source Software] (F/OSS) is characterized both by it's price-tag and by the philosophy ([http://www.gnu.org/philosophy/free-sw.html the four freedoms of software]) that surrounds it. Understanding these facets of F/OSS is simple enough, but we would like to explore F/OSS by asking whether we should characterize libre and gratis as two facets of a unified F/OSS software movement, or whether F/OSS is in some unresolvable way a movement at-odds with itself. As we move along, we would like to hear from the class whether they believe the law is best tailored to a particular characterization of software or F/OSS, how flexible the law can be, and whether it can and should change to meet other characterizations of F/OSS.
Free and Open Source Software (F/OSS) does not obey the usual rules of market based economies. Those who contribute to the codebase of large F/OSS projects, for example, are often unpaid amateurs working in their free time. We propose that F/OSS is better understood using the mechanics of "gift economies" rather than market economies. These are economies which value reputation over profit, where value is had in the giving, not in the taking, and where the wealthiest are those who have given away the most. Yet Linux distributors such as [http://www.redhat.com/ RedHat] operate in the market economy even though their products are free, depending on a [http://en.wikipedia.org/wiki/Professional_open-source services based business model].


There may be a case both for and against casting F/OSS as fundamentally divided. On the one hand, the libre/gratis distinction seems to relate to a sort of clash between [http://www.free-culture.cc/ Free Culture] and [http://en.wikipedia.org/wiki/Permission_culture Permission Culture], which might be recast as a divide between the drive of economic development and the drive of cultural development. Of course, the law still respects copyright and patents, so Free Culture is a long way from a victory. On the other hand, software libre has managed to turn the tools of copyright upon themselves with the invention of the [http://en.wikipedia.org/wiki/Copyleft copyleft] licensing system, made so widely accessible by projects like [http://creativecommons.org Creative Commons]. Furthermore, some companies like [http://www.redhat.com/ RedHat] are even trying to turn a profit on F/OSS using a [http://en.wikipedia.org/wiki/Professional_open-source services based business model]. Given all this, maybe the law of copyrights doesn't need to adjust at all in order to account for free culture?
We propose that this is an example of a hybrid of gift and market economies. We further propose that F/OSS is an excellent example of the excellent and important work that can come out of an intellectual commons, where co-operative development and sharing allow authors to produce work of outstanding quality.


Maybe casting the division as one between economics and culture is just a divisive technique. It does seems reasonable to think of a spectrum bookended by Free Culture and Paid Software, with F/OSS along in the middle. Alternatively, perhaps theories of [http://en.wikipedia.org/wiki/Gift_economy gift economies] can help us come to understand software libre as attempting to create a separate software economy?
The creative potential of the intellectual commons isn't limited to software. Indeed, Youtube mashups and artists such as Girl Talk demonstrate that new artistic works can also be created from the existing body of work. The Internet and computer technology generally enable commons-based creativity in a way never before possible. But the development of such mashups and remixes is runing into a legal blockade. The intellectual property regime is perhaps not very amenable to the commons-based development, be it software development or artistic development.


We suggest to treat proprietary software - based on an intellectual property regime - as a "clash of civilizations" with f/oss, which is based on a commons-based system. that is, because these both are based on two different sets of assumption: market economy v. gift/reputation economy, hegemony v. grassroots movement.
With that in mind, we propose to discuss how the IP regime limits, or doesn't, the commons-based development of software and art. We would like to speculate as to why Linux has succeeded as a commons-based development and why art hasn't. We would then like to discuss how the artistic commons can thrive despite the current IP regime, or what changes really must be made in order to create a legal framework that encourages commons-based development while protecting a market economy interests as well.


the interesting question we could consider is, I think, about F/OSS as growing "in the shadow of the IP law" (it is a reference to a classic article about settlement arrangements as being "in the shadow of the law").
=Fundemental Question=


Benkler, for one, would think (I think) that IP law and IP-based systems create an infrastructure that stops F/OSS from developing. Lessig, on the other hand, if I understand correctly, as in the Creative Commons idea, thinks that the two can develop at the same time.
Given the intellectual commons as our goal, what do we need to reform, or not, in IP law to better encourage creativity while protecting authors?
 
I think a very cool idea will be to ask them both (maybe Lessig via video-conference) to debate about the question of the enfluence of current copyright and patent law as to software as a "shadow" for the development of F/OSS. (Ayelet)
 
 
 
 
 
As we move along, keep in mind the following (potentially false) dichotomies:
 
* Free as in Beer v. Free as in Speech
* Copyright v. Copyleft
* Copyleft v. Free Culture - is there a difference?
* The Economic Drive v. The Cultural Drive
* Profit v. Reputations
* Insiders v. Outsiders - are there deep disconnects between the business, software, and legal worlds that make common ground hard to find?
 
=Questions=
 
We propose to explore the division between "free as in speech" and "free as in beer" and then use what ideas we can develop to explore the following questions:
 
* To what extent does intellectual property law currently protect software libre and software gratis?
* To what extend is the law in fundamental opposition to software libre or software gratis?
* Should we characterize F/OSS as a movement at-odds with itself or not? In other words, is there an unbridgeable gap between software libre and software gratis?
* Given our thoughts about the above question, how do we see the law adapting, or not, to account for F/OSS?
** Can we imagine a world where the law recognizes a continuum bookended by Free Culture and Paid Software.
** Alternatively, can we imagine a world where software is a predominantly gift-economy, and would the law dare extend into this world?


=Guest Wish-list=
=Guest Wish-list=
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* [http://www.amazon.com/Remix-Making-Commerce-Thrive-Economy/dp/1594201722/ref=sr_1_1?ie=UTF8&qid=1232118569&sr=8-1 Remix], by [http://en.wikipedia.org/wiki/Lawrence_Lessig Lawrence Lessig]. Ch. 9, 10.
* [http://www.amazon.com/Remix-Making-Commerce-Thrive-Economy/dp/1594201722/ref=sr_1_1?ie=UTF8&qid=1232118569&sr=8-1 Remix], by [http://en.wikipedia.org/wiki/Lawrence_Lessig Lawrence Lessig]. Ch. 9, 10.
* TBD by [http://en.wikipedia.org/wiki/Yochai_Benkler Yochai Benkler].
* TBD by [http://en.wikipedia.org/wiki/Yochai_Benkler Yochai Benkler].
=Potential Readings=
* [http://www.wired.com/wired/archive/14.09/posts.html?pg=6 Free, as in Beer], Lawrence Lessig.
** Not so useful in itself, but maybe for its citations. [[User:Dulles|Dulles]] 07:07, 29 December 2008 (UTC)
* [http://echo.gmu.edu/freeandopen/ A List of Resources on F/OSS].
** Not so useful in itself, but maybe for its citations. [[User:Dulles|Dulles]] 07:07, 29 December 2008 (UTC)
* [http://www.thejemreport.com/content/view/125/68/ The Gift Economy and Free Software], Jem Matzan.
** Meh. [[User:Dulles|Dulles]] 07:07, 29 December 2008 (UTC)

Revision as of 12:04, 16 January 2009

Topic Owners: dulles,Ayelet

Back to syllabus.

Precis

Free and Open Source Software (F/OSS) does not obey the usual rules of market based economies. Those who contribute to the codebase of large F/OSS projects, for example, are often unpaid amateurs working in their free time. We propose that F/OSS is better understood using the mechanics of "gift economies" rather than market economies. These are economies which value reputation over profit, where value is had in the giving, not in the taking, and where the wealthiest are those who have given away the most. Yet Linux distributors such as RedHat operate in the market economy even though their products are free, depending on a services based business model.

We propose that this is an example of a hybrid of gift and market economies. We further propose that F/OSS is an excellent example of the excellent and important work that can come out of an intellectual commons, where co-operative development and sharing allow authors to produce work of outstanding quality.

The creative potential of the intellectual commons isn't limited to software. Indeed, Youtube mashups and artists such as Girl Talk demonstrate that new artistic works can also be created from the existing body of work. The Internet and computer technology generally enable commons-based creativity in a way never before possible. But the development of such mashups and remixes is runing into a legal blockade. The intellectual property regime is perhaps not very amenable to the commons-based development, be it software development or artistic development.

With that in mind, we propose to discuss how the IP regime limits, or doesn't, the commons-based development of software and art. We would like to speculate as to why Linux has succeeded as a commons-based development and why art hasn't. We would then like to discuss how the artistic commons can thrive despite the current IP regime, or what changes really must be made in order to create a legal framework that encourages commons-based development while protecting a market economy interests as well.

Fundemental Question

Given the intellectual commons as our goal, what do we need to reform, or not, in IP law to better encourage creativity while protecting authors?

Guest Wish-list

Readings