Ownership in Software
alexandre.dulaunoy at ael.be
Thu Apr 22 16:21:14 UTC 2004
On Thu, 22 Apr 2004, Axel Schulz wrote:
> Hej Matze!
> Hej List,
> What do you mean by ownership of speech? I never heard about this
> term. If we can first decide what this proposed concept means/is we
> have a better point of departure for our discussion.
> No, I thought I while about your question and before I answer I have to now what you mean.
> But I give it a shot ;-)
> 1) The freedom to free speech (if you have this "speech" in mind) is
> a right. Everyone has the freedom to perform this right (*). No one
> can deny her/him that right. If you mean by "own" he has this right
> to free speech, yes, ownership (of the tight to free speech) makes
> /Special case left aside, e.g, military secrets)
> 2) If you consider it as something what someone said in the past, it
> is different. I know that many of you consider software as free
> speech. But I disagree with that. Speech has the internal value of
> being heard. Speech shall send a message. If source code is speech
> you should have the freedom to send a message and claim authorship
> to it ;-). Everyone should have that freedom (which also can be a
> But, if someone only distributes the binary file and does not
> publish (talk out loud) the source code, they should also be allowed
> to do so.
> In this case, ownership can be understood as the freedom to keep his
> speech confidential. This sounds ridiculous, at a first glance, but
> it is in the dual nature of software that this makes sense.
> Maybe "speech" is only loosely applicable to software.
> I took my main ideas for this from an article in the "Communication
> of the ACM". It it is called "A New View of Intellectual Property
> and Software".  Their they say that software "behaves".
> But know I want to read what you think. ;-)
I don't understand quite well the thread (maybe I'm too tired).
Computer programs are writtings and the protection of the exclusive
rights to these writtings is made via the Berne convention. Free
speech can use any way of expression. Computer programs is a way of
expression. "Expression" of something is covered by the Berne
The author have the rights to apply these exclusive rights in the form
he wants[*]. (from making copylefted Free Software to make
proprietary software or confidential software)
[*] I don't include the various exception of the author right (and to
some extent to the computer programs directive).
** Alexandre Dulaunoy (adulau) **** http://www.foo.be/ **** 0x44E6CBCD
**/ "To disable the Internet to save EMI and Disney is the moral
**/ equivalent of burning down the library of Alexandria to ensure the
**/ livelihood of monastic scribes." Jon Ippolito.
More information about the Discussion