Fwd: [Foundation-l] File format policy
Ben Finney
ben at benfinney.id.au
Sun Jan 20 12:01:53 UTC 2008
On 20-Jan-2008, Alex Hudson wrote:
> On Sun, 2008-01-20 at 21:54 +1100, Ben Finney wrote:
> > It's a fact that bit-collections can be simultaneously "program",
> > "documentation", "art", and "documentation". Therefore it's a
> > fallacy to name those categories and expect that bit-collections
> > will fall into exactly one of them.
>
> I didn't say it would fall into exactly one of them; I disagree with
> the notion that they can't be separated.
Making a policy that requires different freedoms depending on the
different functions of a work is requiring that they *always* be
separated. If they *can* be combined in the same work, the policy is
no longer robust.
Better to define a policy that requires the same freedoms *regardless*
the function of the work.
> As an obvious example, you don't know what legal rights the author
> has to that binary, and if the license doesn't offer permissions to
> those rights then it's clearly non-free.
How would knowing the function ever guarantee that I know the rights
the *author* has in the work? It might clarify some issues, but if
you're suggesting I could know with certainty the *absence* of
obligation on the copyright holder, that's not possible.
It's also irrelevant. As a recipient of the work, I must take the work
and its license terms as given, and judge the freedom of the work
based on what rights the *recipient* has in the work.
> > The function of the work doesn't need to come into consideration
> > at all. I argue that if it *does* come into consideration, then
> > you are making freedom of the work contingent on what the
> > recipient intends to do with the work, and that by definition
> > isn't free.
>
> And I would argue it's an immediately practical concern since much of
> what defines a given work as being free is the license applied to
> it.
Yes, exactly. We seem to be in agreement on this point. The license
terms on a work are a major factor in determining the freedom of the
work for recipients of that work.
> The law talks in terms of function, not form, and thus the freeness
> is based on function, not form.
That's a non-sequitur. The law can impose restrictions; it's up to us
to define what freedoms we require. The free software definition, and
the free culture definition, both do a fine job of defining free
software with a requirement that function *not* be a factor.
--
\ "I may disagree with what you say, but I will defend to the |
`\ death your right to mis-attribute this quote to Voltaire." -- |
_o__) Avram Grumer, rec.arts.sf.written, May 2000 |
Ben Finney <ben at benfinney.id.au>
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