FW: Ethics of Circumventing OS

[Gladwell, Ricardo]

Dear All,

For those of you who are interested please find below the rather
unapologetic response from the author of the article in Webtechniques, and
my response to his response. I would like to thank those of you who
contacted me offering your support.

Yours...

-- 
Ricardo Gladwell, Web Developer
Demon Internet, Westhumble House,
Dorking Business Park, Dorking. RH4 1HJ
Tel: +44 (01306) 732 356
Mobile: +44 (07779) 841 444

> > -----Original Message-----
> > From: Michael Trachtman [mailto:michael at eloquence.com]
> > Sent: 19 March 2001 05:53
> > To: Gladwell, Ricardo
> > Cc: Al Williams
> > Subject: RE: Ethics of Circumventing OS
> > 
> > 
> > Ricardo,
> > 
> > Thanks for your comments. I enjoyed reading them.  Of course, I see
> > your point. I'm not sure that I agree that using Open 
> Source Software
> > is unethical in the way I describe. I'm not qualified to 
> judge ethics.
> > 
> > However, I think that there is a slight difference between legally
> > working around Open Source limitations and working around 
> > other copyright
> > limitations,
> > in that in one case somebody loses money and in the other 
> > not.  I'm sure
> > that
> > web techniques would not publish an article for 
> circumventing anything
> > in an illegal way.  I disagree that "the profits belong to the
> > open-source movement", as the "open source movement" does 
> not (in most
> > cases)
> > claim or ask for any profit.
> > 
> > The real truth is, of course, that I wrote the article for 
> > fun. The topic
> > of the month was "legal issues", and I wanted to write an 
> > article about
> > using CORBA to bridge Java and C instead of JNI.  In order to match
> > the article with the monthly topic, I came up with this idea,
> > of using CORBA to circumvent Open Source restrictions.  I 
> don't really
> > know if the idea works from a legal perspective. Who knows !!
> > 
> > In any case, what I was trying to do was to have fun. And 
> the creation
> > of controversy is fun in any case.  So, thanks for adding to the
> > controversy.
> > Of course, if you want to cancel your subscription, that is 
> your priv.
> > However, since it is a fun and educational magazine, I don't 
> > suggest it.
> > And besides, the magzine is like Open Source software. It 
> is available
> > for free both in print and on the web. Without serious "open source
> > restrictions". And, if you want to write an article on how to 
> > work around
> > any "copyright restrictions" that might apply to Web Techniques
> > (such as making deep links to content and other such "controversial"
> > issues),
> > it's possible that Web Techniques would publish it. Who knows.
> > 
> > So, in the meantime, just enjoy the fun. It's not all that serious.
> > 
> > Most warmly..
> > .. Michael 
> -----Original Message-----
> From: Gladwell, Ricardo 
> Sent: 19 March 2001 10:57
> To: 'Michael Trachtman'
> Cc: 'alw at al-williams.com'; 'editors at webtechniques.com'
> Subject: RE: Ethics of Circumventing OS
> 
> 
> Dear Michael,
> 
> Thank you for your informative reply to my email. I also 
> enjoyed reading your comments. However, while you claim to 
> see my 'point' the body of your email would seem to 
> demonstrate otherwise. 
> 
> Your first point that you are in no position to 'judge 
> ethics' leaves me slightly concerned: surely, as mature 
> adults, we are all responsible for judging the ethics of our 
> own actions.
> 
> You also claim, in defence of you article, that Webtechniques 
> is 'open-source'. While I agree that articles from this 
> publication are free (as in 'free beer') to view on the 
> Internet, I do not imagine that Webtechnique's publisher's 
> would be particularly happy if other people began to 
> completely reprint all their articles on their own web sites. 
> Or, worse still, publish them in their own, printed 
> magazines. In that sense they are not free (as in 'free 
> speech'). Perhaps this distinction escaped you attention when 
> you wrote your article.
> 
> You also tell me in your reply that 'in one case somebody 
> loses money' (if a copyright workaround is found for 
> commercial software) 'and in the other not' (if the procedure 
> detailed in your article is followed). It would seem to me 
> that this argument is completely flawed and the reverse is 
> true. Copyright law and copyleft licensing are there to 
> prevent other people from profiting from your work and, in 
> both the cases you mention, profits from work done go to 
> people who did not earn them.
> 
> Your final defence is that it was 'all for fun' and that you 
> wanted to 'create controversy'. I've heard that one before 
> and perhaps the editors might feel that a 'bit of fun and 
> controversy' should be reserved for the online forums, news 
> groups and chat rooms with the rest of the troll posts, 
> leaving Webtechniques for more useful, informative and 
> 'funnier' articles. It is unfortunate that this bit of fun 
> cost Webtechniques a subscription, and possibly more 
> considering the supportive responses I have received from 
> posting my letter.
> 
> Besides, your intentions are irrelevant - I'm not interested 
> in why you wrote the article, only that you did write it. As 
> far as any open-source developer is concerned the profits 
> from circumventing copyleft belong to the open-source 
> community and not private individuals.
> 
> It is worth noting that there have never been any legal cases 
> enforcing copyleft - in fact, I do not consider that copyleft 
> was ever designed to be upheld in a court of law. Rather, I 
> believe copyleft was created to make a point about the 
> hypocrisy of copyright - a point that you have unconsciously 
> demonstrated with your article. As I mentioned in my last 
> email, you would never dream of publishing an article 
> demonstrating a 'legal' method of circumventing, say, 
> Microsoft's copyright restrictions for fear of (extreme) 
> legal reprisals. You do so for open-source community only 
> because you know legal reprisals will not be forthcoming. And 
> what could be more hypocritical and unethical than that?
> 
> Yours sincerely...
> 
> -- 
> Ricardo Gladwell, Web Developer
> Demon Internet, Westhumble House,
> Dorking Business Park, Dorking. RH4 1HJ
> Tel: +44 (01306) 732 356
> Mobile: +44 (07779) 841 444