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Part II. What’s in a Name?

Chapter 12. What’s in a Name?

Names convey meanings; our choice of names determines the meaning of what we say. An inappropriate name gives people the wrong idea. A rose by any other name would smell as sweet—but if you call it a pen, people will be rather disappointed when they try to write with it. And if you call pens “roses,” people may not realize what they are good for. If you call our operating system Linux, that conveys a mistaken idea of the system’s origin, history, and purpose. If you call it GNU/Linux, that conveys (though not in detail) an accurate idea.[*]

Does this really matter for our community? Is it important whether people know the system’s origin, history, and purpose? Yes—because people who forget history are often condemned to repeat it. The Free World that has developed around GNU/Linux is not guaranteed to survive; the problems that led us to develop GNU are not completely eradicated, and they threaten to come back.

When I explain why it’s appropriate to call the operating system GNU/Linux rather than Linux, people sometimes respond this way:

Granted that the GNU Project deserves credit for this work, is it really worth a fuss when people don’t give credit? Isn’t the important thing that the job was done, not who did it? You ought to relax, take pride in the job well done, and not worry about the credit.

This would be wise advice, if only the situation were like that—if the job were done and it were time to relax. If only that were true! But challenges abound, and this is no time to take the future for granted. Our community’s strength rests on commitment to freedom and cooperation. Using the name GNU/Linux is a way for people to remind themselves and inform others of these goals.

It is possible to write good free software without thinking of GNU; much good work has been done in the name of Linux also. But the term “Linux” has been associated ever since it was first coined with a philosophy that does not make a commitment to the freedom to cooperate. As the name is increasingly used by business, we will have even more trouble making it connect with community spirit.

A great challenge to the future of free software comes from the tendency of the “Linux” distribution companies to add nonfree software to GNU/Linux in the name of convenience and power. All the major commercial distribution developers do this; none limits itself to free software. Most of them do not clearly identify the nonfree packages in their distributions. Many even develop nonfree software and add it to the system. Some outrageously advertise “Linux” systems that are “licensed per seat,” which give the user as much freedom as Microsoft Windows.

People try to justify adding nonfree software in the name of the “popularity of Linux”—in effect, valuing popularity above freedom. Sometimes this is openly admitted. For instance, Wired magazine said that Robert McMillan, editor of Linux Magazine, “feels that the move toward open source software should be fueled by technical, rather than political, decisions.”[1] And Caldera’s CEO openly urged users to drop the goal of freedom and work instead for the “popularity of Linux.”

Adding nonfree software to the GNU/Linux system may increase the popularity, if by popularity we mean the number of people using some of GNU/Linux in combination with nonfree software. But at the same time, it implicitly encourages the community to accept nonfree software as a good thing, and forget the goal of freedom. It is not good to drive faster if you can’t stay on the road.

When the nonfree “add-on” is a library or programming tool, it can become a trap for free software developers. When they write free software that depends on the nonfree package, their software cannot be part of a completely free system. Motif and Qt trapped large amounts of free software in this way in the past, creating problems whose solutions took years. Motif remained somewhat of a problem until it became obsolete and was no longer used. Later, Sun’s nonfree Java implementation had a similar effect: the Java Trap, fortunately now mostly corrected.

If our community keeps moving in this direction, it could redirect the future of GNU/Linux into a mosaic of free and nonfree components. Five years from now, we will surely still have plenty of free software; but if we are not careful, it will hardly be usable without the nonfree software that users expect to find with it. If this happens, our campaign for freedom will have failed.

If releasing free alternatives were simply a matter of programming, solving future problems might become easier as our community’s development resources increase. But we face obstacles that threaten to make this harder: laws that prohibit free software. As software patents mount up, and as laws like the Digital Millennium Copyright Act are used to prohibit the development of free software for important jobs such as viewing a DVD or listening to a RealAudio stream, we will find ourselves with no clear way to fight the patented and secret data formats except to reject the nonfree programs that use them.

Meeting these challenges will require many different kinds of effort. But what we need above all, to confront any kind of challenge, is to remember the goal of freedom to cooperate. We can’t expect a mere desire for powerful, reliable software to motivate people to make great efforts. We need the kind of determination that people have when they fight for their freedom and their community—determination to keep on for years and not give up.

In our community, this goal and this determination emanate mainly from the GNU Project. We’re the ones who talk about freedom and community as something to stand firm for; the organizations that speak of “Linux” normally don’t say this. The magazines about “Linux” are typically full of ads for nonfree software; the companies that package “Linux” add nonfree software to the system; other companies “support Linux” by developing nonfree applications to run on GNU/Linux; the user groups for “Linux” typically invite salesmen to present those applications. The main place people in our community are likely to come across the idea of freedom and determination is in the GNU Project.

But when people come across it, will they feel it relates to them?

People who know they are using a system that came out of the GNU Project can see a direct relationship between themselves and GNU. They won’t automatically agree with our philosophy, but at least they will see a reason to think seriously about it. In contrast, people who consider themselves “Linux users,” and believe that the GNU Project “developed tools which proved to be useful in Linux,” typically perceive only an indirect relationship between GNU and themselves. They may just ignore the GNU philosophy when they come across it.

The GNU Project is idealistic, and anyone encouraging idealism today faces a great obstacle: the prevailing ideology encourages people to dismiss idealism as “impractical.” Our idealism has been extremely practical: it is the reason we have a free GNU/Linux operating system. People who love this system ought to know that it is our idealism made real.

If “the job” really were done, if there were nothing at stake except credit, perhaps it would be wiser to let the matter drop. But we are not in that position. To inspire people to do the work that needs to be done, we need to be recognized for what we have already done. Please help us, by calling the operating system GNU/Linux.

This essay was originally published on http://gnu.org, in 2000. This version is part of Free Software, Free Society: Selected Essays of Richard M. Stallman, 2nd ed. (Boston: GNU Press, 2010).

Verbatim copying and distribution of this entire chapter are permitted worldwide, without royalty, in any medium, provided this notice is preserved.

Chapter 13. Categories of Free and Nonfree Software

This diagram, originally by Chao-Kuei and updated by several others since, explains the different categories of software. It’s available at http://gnu.org/philosophy/categories.html as a Scalable Vector Graphic and as an XFig document, under the terms of any of the GNU GPL v2 or later, the GNU FDL v1.2 or later, or the Creative Commons Attribution-Share Alike v2.0 or later. To view a copy of the Creative Commons license, visit http://creativecommons.org/licenses/by-sa/2.0, or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California 94105, USA.

Free Software

Free software is software that comes with permission for anyone to use, copy, and/or distribute, either verbatim or with modifications, either gratis or for a fee. In particular, this means that source code must be available. “If it’s not source, it’s not software.” This is a simplified description; see also the full definition.

If a program is free, then it can potentially be included in a free operating system such as GNU, or free versions of the GNU/Linux system.

There are many different ways to make a program free—many questions of detail, which could be decided in more than one way and still make the program free. Some of the possible variations are described below. For information on specific free software licenses, see the license list page, at http://gnu.org/licenses/license-list.html.

Free software is a matter of freedom, not price. But proprietary software companies typically use the term “free software” to refer to price. Sometimes they mean that you can obtain a binary copy at no charge; sometimes they mean that a copy is bundled with a computer that you are buying, and the price includes both. Either way, it has nothing to do with what we mean by free software in the GNU Project.

Because of this potential confusion, when a software company says its product is free software, always check the actual distribution terms to see whether users really have all the freedoms that free software implies. Sometimes it really is free software; sometimes it isn’t.

Many languages have two separate words for “free” as in freedom and “free” as in zero price. For example, French has “libre” and “gratuit.” Not so English; there is a word “gratis” that refers unambiguously to price, but no common adjective that refers unambiguously to freedom. So if you are speaking another language, we suggest you translate “free” into your language to make it clearer. See our list of translations of the term “free software” into various other languages.

Free software is often more reliable than nonfree software.

Open Source Software

The term “open source” software is used by some people to mean more or less the same category as free software. It is not exactly the same class of software: they accept some licenses that we consider too restrictive, and there are free software licenses they have not accepted. However, the differences in extension of the category are small: nearly all free software is open source, and nearly all open source software is free.

We prefer the term “free software” because it refers to freedom—something that the term “open source” does not do.

Public Domain Software

Public domain software is software that is not copyrighted. If the source code is in the public domain, that is a special case of noncopylefted free software, which means that some copies or modified versions may not be free at all.

In some cases, an executable program can be in the public domain but the source code is not available. This is not free software, because free software requires accessibility of source code. Meanwhile, most free software is not in the public domain; it is copyrighted, and the copyright holders have legally given permission for everyone to use it in freedom, using a free software license.

Sometimes people use the term “public domain” in a loose fashion to mean “free” or “available gratis.” However, “public domain” is a legal term and means, precisely, “not copyrighted.” For clarity, we recommend using “public domain” for that meaning only, and using other terms to convey the other meanings.

Under the Berne Convention, which most countries have signed, anything written down is automatically copyrighted. This includes programs. Therefore, if you want a program you have written to be in the public domain, you must take some legal steps to disclaim the copyright on it; otherwise, the program is copyrighted.

Copylefted Software

Copylefted software is free software whose distribution terms ensure that all copies of all versions carry more or less the same distribution terms. This means, for instance, that copyleft licenses generally disallow others to add additional requirements to the software (though a limited set of safe added requirements can be allowed) and require making source code available. This shields the program, and its modified versions, from some of the common ways of making a program proprietary.

Some copyleft licenses, such as GPL version 3, block other means of turning software proprietary, such as tivoization.

In the GNU Project, we copyleft almost all the software we write, because our goal is to give every user the freedoms implied by the term “free software.” See the essay “Copyleft” for more explanation of how copyleft works and why we use it.

Copyleft is a general concept; to copyleft an actual program, you need to use a specific set of distribution terms. There are many possible ways to write copyleft distribution terms, so in principle there can be many copyleft free software licenses. However, in actual practice nearly all copylefted software uses the GNU General Public License. Two different copyleft licenses are usually “incompatible,” which means it is illegal to merge the code using one license with the code using the other license; therefore, it is good for the community if people use a single copyleft license.

Noncopylefted Free Software

Noncopylefted free software comes from the author with permission to redistribute and modify, and also to add additional restrictions to it.

If a program is free but not copylefted, then some copies or modified versions may not be free at all. A software company can compile the program, with or without modifications, and distribute the executable file as a proprietary software product.

The X Window System illustrates this. The X Consortium releases X11 with distribution terms that make it noncopylefted free software. If you wish, you can get a copy which has those distribution terms and is free. However, there are nonfree versions as well, and there are (or at least were) popular workstations and PC graphics boards for which nonfree versions are the only ones that work. If you are using this hardware, X11 is not free software for you. The developers of X11 even made X11 nonfree for a while; they were able to do this because others had contributed their code under the same noncopyleft license.

Lax Permissive Licensed Software

Lax permissive licenses include the X11 license and the two BSD licenses. These licenses permit almost any use of the code, including distributing proprietary binaries with or without changing the source code.

GPL-Covered Software

The GNU GPL (General Public License) is one specific set of distribution terms for copylefting a program. The GNU Project uses it as the distribution terms for most GNU software.

To equate free software with GPL-covered software is therefore an error.

The GNU Operating System

The GNU operating system is the Unix-like operating system, which is entirely free software, that we in the GNU Project have developed since 1984.

A Unix-like operating system consists of many programs. The GNU system includes all the GNU software, as well as many other packages, such as the X Window System and TeX, which are not GNU software.

The first test release of the complete GNU system was in 1996. This includes the GNU Hurd, our kernel, developed since 1990. In 2001 the GNU system (including the GNU Hurd) began working fairly reliably, but the Hurd still lacks some important features, so it is not widely used. Meanwhile, the GNU/Linux system, an offshoot of the GNU operating system which uses Linux as the kernel instead of the GNU Hurd, has been a great success since the 90s.

Since the purpose of GNU is to be free, every single component in the GNU operating system has to be free software. They don’t all have to be copylefted, however; any kind of free software is legally suitable to include if it helps meet technical goals. And it isn’t necessary for all the components to be GNU software, individually. GNU can and does include noncopylefted free software such as the X Window System that were developed by other projects.

GNU Programs

“GNU programs” is equivalent to GNU software. A program Foo is a GNU program if it is GNU software. We also sometimes say it is a “GNU package.”

GNU Software

GNU software is software that is released under the auspices of the GNU Project. If a program is GNU software, we also say that it is a GNU program or a GNU package. The README or manual of a GNU package should say it is one; also, the Free Software Directory identifies all GNU packages.

Most GNU software is copylefted, but not all; however, all GNU software must be free software.

Some GNU software was written by staff of the Free Software Foundation, but most GNU software comes from many volunteers. (Some of these volunteers are paid by companies or universities, but they are volunteers for us.) Some contributed software is copyrighted by the Free Software Foundation; some is copyrighted by the contributors who wrote it.

Nonfree Software

Nonfree software is any software that is not free. Its use, redistribution or modification is prohibited, or requires you to ask for permission, or is restricted so much that you effectively can’t do it freely.

Proprietary Software

Proprietary software is another name for nonfree software. In the past we subdivided nonfree software into “semifree software,” which could be modified and redistributed noncommercially, and “proprietary software,” which could not be. But we have dropped that distinction and now use “proprietary software” as synonymous with nonfree software.

The Free Software Foundation follows the rule that we cannot install any proprietary program on our computers except temporarily for the specific purpose of writing a free replacement for that very program. Aside from that, we feel there is no possible excuse for installing a proprietary program.

For example, we felt justified in installing Unix on our computer in the 1980s, because we were using it to write a free replacement for Unix. Nowadays, since free operating systems are available, the excuse is no longer applicable; we do not use any nonfree operating systems, and any new computer we install must run a completely free operating system.

We don’t insist that users of GNU, or contributors to GNU, have to live by this rule. It is a rule we made for ourselves. But we hope you will follow it too, for your freedom’s sake.

Freeware

The term “freeware” has no clear accepted definition, but it is commonly used for packages which permit redistribution but not modification (and their source code is not available). These packages are not free software, so please don’t use “freeware” to refer to free software.

Shareware

Shareware is software which comes with permission for people to redistribute copies, but says that anyone who continues to use a copy is required to pay a license fee.

Shareware is not free software, or even semifree. There are two reasons it is not:

• For most shareware, source code is not available; thus, you cannot modify the program at all.

• Shareware does not come with permission to make a copy and install it without paying a license fee, not even for individuals engaging in nonprofit activity. (In practice, people often disregard the distribution terms and do this anyway, but the terms don’t permit it.)

Private Software

Private or custom software is software developed for one user (typically an organization or company). That user keeps it and uses it, and does not release it to the public either as source code or as binaries.

A private program is free software in a trivial sense if its sole user has full rights to it.

In general we do not believe it is wrong to develop a program and not release it. There are occasions when a program is so useful that withholding it from release is treating humanity badly. However, most programs are not that important, so not releasing them is not particularly harmful. Thus, there is no conflict between the development of private or custom software and the principles of the free software movement.

Nearly all employment for programmers is in development of custom software; therefore most programming jobs are, or could be, done in a way compatible with the free software movement.

Commercial Software

Commercial software is software being developed by a business which aims to make money from the use of the software. “Commercial” and “proprietary” are not the same thing! Most commercial software is proprietary, but there is commercial free software, and there is noncommercial nonfree software.

For example, GNU Ada is developed by a company. It is always distributed under the terms of the GNU GPL, and every copy is free software; but its developers sell support contracts. When their salesmen speak to prospective customers, sometimes the customers say, “We would feel safer with a commercial compiler.” The salesmen reply, “GNU Ada is a commercial compiler; it happens to be free software.”

For the GNU Project, the emphasis is in the other order: the important thing is that GNU Ada is free software; whether it is commercial is just a detail. However, the additional development of GNU Ada that results from its being commercial is definitely beneficial.

Please help spread the awareness that free commercial software is possible. You can do this by making an effort not to say “commercial” when you mean “proprietary.”

This list was originally published on http://gnu.org, in 1996. This version is part of Free Software, Free Society: Selected Essays of Richard M. Stallman, 2nd ed. (Boston: GNU Press, 2010).

Verbatim copying and distribution of this entire chapter are permitted worldwide, without royalty, in any medium, provided this notice is preserved.

Chapter 14. Why Open Source Misses the Point of Free Software

When we call software “free,” we mean that it respects the users’ essential freedoms: the freedom to run it, to study and change it, and to redistribute copies with or without changes. This is a matter of freedom, not price, so think of “free speech,” not “free beer.”

These freedoms are vitally important. They are essential, not just for the individual users’ sake, but for society as a whole because they promote social solidarity—that is, sharing and cooperation. They become even more important as our culture and life activities are increasingly digitized. In a world of digital sounds, images, and words, free software becomes increasingly essential for freedom in general.

Tens of millions of people around the world now use free software; the public schools of some regions of India and Spain now teach all students to use the free GNU/Linux operating system. Most of these users, however, have never heard of the ethical reasons for which we developed this system and built the free software community, because nowadays this system and community are more often spoken of as “open source,” attributing them to a different philosophy in which these freedoms are hardly mentioned.

The free software movement has campaigned for computer users’ freedom since 1983. In 1984 we launched the development of the free operating system GNU, so that we could avoid the nonfree operating systems that deny freedom to their users. During the 1980s, we developed most of the essential components of the system and designed the GNU General Public License (GNU GPL) to release them under—a license designed specifically to protect freedom for all users of a program.

Not all of the users and developers of free software agreed with the goals of the free software movement. In 1998, a part of the free software community splintered off and began campaigning in the name of “open source.” The term was originally proposed to avoid a possible misunderstanding of the term “free software,” but it soon became associated with philosophical views quite different from those of the free software movement.

Some of the supporters of open source considered the term a “marketing campaign for free software,” which would appeal to business executives by highlighting the software’s practical benefits, while not raising issues of right and wrong that they might not like to hear. Other supporters flatly rejected the campaigning for open source, they neither cited nor advocated those values. The term “open source” quickly became associated with ideas and arguments based only on practical values, such as making or having powerful, reliable software. Most of the supporters of open source have come to it since then, and they make the same association.

Nearly all open source software is free software. The two terms describe almost the same category of software, but they stand for views based on fundamentally different values. Open source is a development methodology; free software is a social movement. For the free software movement, free software is an ethical imperative, because only free software respects the users’ freedom. By contrast, the philosophy of open source considers issues in terms of how to make software “better”—in a practical sense only. It says that nonfree software is an inferior solution to the practical problem at hand. For the free software movement, however, nonfree software is a social problem, and the solution is to stop using it and move to free software.

“Free software.” “Open source.” If it’s the same software, does it matter which name you use? Yes, because different words convey different ideas. While a free program by any other name would give you the same freedom today, establishing freedom in a lasting way depends above all on teaching people to value freedom. If you want to help do this, it is essential to speak of “free software.”

We in the free software movement don’t think of the open source camp as an enemy; the enemy is proprietary (nonfree) software. But we want people to know we stand for freedom, so we do not accept being mislabeled as open source supporters.

Common Misunderstandings of “Free Software” and “Open Source”

The term “free software” is prone to misinterpretation: an unintended meaning, “software you can get for zero price,” fits the term just as well as the intended meaning, “software which gives the user certain freedoms.” We address this problem by publishing the definition of free software, and by saying, “Think of ‘free speech,’ not ‘free beer.’ ” This is not a perfect solution; it cannot completely eliminate the problem. An unambiguous and correct term would be better, if it didn’t present other problems.

Unfortunately, all the alternatives in English have problems of their own. We’ve looked at many that people have suggested, but none is so clearly “right” that switching to it would be a good idea. (For instance, in some contexts the French and Spanish word “libre” works well, but people in India do not recognize it at all.) Every proposed replacement for “free software” has some kind of semantic problem—and this includes “open source software.”

The official definition of “open source software”[1] (which is published by the Open Source Initiative and is too long to include here) was derived indirectly from our criteria for free software. It is not the same; it is a little looser in some respects, so the open source people have accepted a few licenses that we consider unacceptably restrictive. Also, they judge solely by the license of the source code, whereas our criterion also considers whether a device will let you run your modified version of the program. Nonetheless, their definition agrees with our definition in most cases.

However, the obvious meaning for the expression “open source software”—and the one most people seem to think it means—is “You can look at the source code.” That criterion is much weaker than the free software definition, much weaker also than the official definition of open source. It includes many programs that are neither free nor open source.

Since that obvious meaning for “open source” is not the meaning that its advocates intend, the result is that most people misunderstand the term. According to writer Neal Stephenson, “Linux is ‘open source’ software, meaning simply, anyone can get copies of its source code files.”[2] I don’t think he deliberately sought to reject or dispute the “official” definition. I think he simply applied the conventions of the English language to come up with a meaning for the term. The state of Kansas published a similar definition: “Make use of open-source software (OSS). OSS is software for which the source code is freely and publicly available, though the specific licensing agreements vary as to what one is allowed to do with that code.”

The New York Times has run an article that stretches the meaning of the term to refer to user beta testing[3]—letting a few users try an early version and give confidential feedback—which proprietary software developers have practiced for decades.

Open source supporters try to deal with this by pointing to their official definition, but that corrective approach is less effective for them than it is for us. The term “free software” has two natural meanings, one of which is the intended meaning, so a person who has grasped the idea of “free speech, not free beer” will not get it wrong again. But the term “open source” has only one natural meaning, which is different from the meaning its supporters intend. So there is no succinct way to explain and justify its official definition. That makes for worse confusion.

Another misunderstanding of “open source” is the idea that it means “not using the GNU GPL.” This tends to accompany another misunderstanding that “free software” means “GPL-covered software.” These are both mistaken, since the GNU GPL qualifies as an open source license and most of the open source licenses qualify as free software licenses.

The term “open source” has been further stretched by its application to other activities, such as government, education, and science, where there is no such thing as source code, and where criteria for software licensing are simply not pertinent. The only thing these activities have in common is that they somehow invite people to participate. They stretch the term so far that it only means “participatory.”

Different Values Can Lead to Similar Conclusions… but Not Always

Radical groups in the 1960s had a reputation for factionalism: some organizations split because of disagreements on details of strategy, and the two daughter groups treated each other as enemies despite having similar basic goals and values. The right wing made much of this and used it to criticize the entire left.

Some try to disparage the free software movement by comparing our disagreement with open source to the disagreements of those radical groups. They have it backwards. We disagree with the open source camp on the basic goals and values, but their views and ours lead in many cases to the same practical behavior—such as developing free software.

As a result, people from the free software movement and the open source camp often work together on practical projects such as software development. It is remarkable that such different philosophical views can so often motivate different people to participate in the same projects. Nonetheless, there are situations where these fundamentally different views lead to very different actions.

The idea of open source is that allowing users to change and redistribute the software will make it more powerful and reliable. But this is not guaranteed. Developers of proprietary software are not necessarily incompetent. Sometimes they produce a program that is powerful and reliable, even though it does not respect the users’ freedom. Free software activists and open source enthusiasts will react very differently to that.

A pure open source enthusiast, one that is not at all influenced by the ideals of free software, will say, “I am surprised you were able to make the program work so well without using our development model, but you did. How can I get a copy?” This attitude will reward schemes that take away our freedom, leading to its loss.

The free software activist will say, “Your program is very attractive, but I value my freedom more. So I reject your program. Instead I will support a project to develop a free replacement.” If we value our freedom, we can act to maintain and defend it.

Powerful, Reliable Software Can Be Bad

The idea that we want software to be powerful and reliable comes from the supposition that the software is designed to serve its users. If it is powerful and reliable, that means it serves them better.

But software can be said to serve its users only if it respects their freedom. What if the software is designed to put chains on its users? Then powerfulness means the chains are more constricting, and reliability that they are harder to remove. Malicious features, such as spying on the users, restricting the users, back doors, and imposed upgrades are common in proprietary software, and some open source supporters want to implement them in open source programs.

Under pressure from the movie and record companies, software for individuals to use is increasingly designed specifically to restrict them. This malicious feature is known as Digital Restrictions Management (DRM) (see http://defectivebydesign.org) and is the antithesis in spirit of the freedom that free software aims to provide. And not just in spirit: since the goal of DRM is to trample your freedom, DRM developers try to make it hard, impossible, or even illegal for you to change the software that implements the DRM.

Yet some open source supporters have proposed “open source DRM” software. Their idea is that, by publishing the source code of programs designed to restrict your access to encrypted media and by allowing others to change it, they will produce more powerful and reliable software for restricting users like you. The software would then be delivered to you in devices that do not allow you to change it.

This software might be open source and use the open source development model, but it won’t be free software since it won’t respect the freedom of the users that actually run it. If the open source development model succeeds in making this software more powerful and reliable for restricting you, that will make it even worse.

Fear of Freedom

The main initial motivation of those who split off the open source camp from the free software movement was that the ethical ideas of “free software” made some people uneasy. That’s true: raising ethical issues such as freedom, talking about responsibilities as well as convenience, is asking people to think about things they might prefer to ignore, such as whether their conduct is ethical. This can trigger discomfort, and some people may simply close their minds to it. It does not follow that we ought to stop talking about these issues.

That is, however, what the leaders of open source decided to do. They figured that by keeping quiet about ethics and freedom, and talking only about the immediate practical benefits of certain free software, they might be able to “sell” the software more effectively to certain users, especially business.

This approach has proved effective, in its own terms. The rhetoric of open source has convinced many businesses and individuals to use, and even develop, free software, which has extended our community—but only at the superficial, practical level. The philosophy of open source, with its purely practical values, impedes understanding of the deeper ideas of free software; it brings many people into our community, but does not teach them to defend it. That is good, as far as it goes, but it is not enough to make freedom secure. Attracting users to free software takes them just part of the way to becoming defenders of their own freedom.

Sooner or later these users will be invited to switch back to proprietary software for some practical advantage. Countless companies seek to offer such temptation, some even offering copies gratis. Why would users decline? Only if they have learned to value the freedom free software gives them, to value freedom in and of itself rather than the technical and practical convenience of specific free software. To spread this idea, we have to talk about freedom. A certain amount of the “keep quiet” approach to business can be useful for the community, but it is dangerous if it becomes so common that the love of freedom comes to seem like an eccentricity.

That dangerous situation is exactly what we have. Most people involved with free software, especially its distributors, say little about freedom—usually because they seek to be “more acceptable to business.” Nearly all GNU/Linux operating system distributions add proprietary packages to the basic free system, and they invite users to consider this an advantage rather than a flaw.

Proprietary add-on software and partially nonfree GNU/Linux distributions find fertile ground because most of our community does not insist on freedom with its software. This is no coincidence. Most GNU/Linux users were introduced to the system through “open source” discussion, which doesn’t say that freedom is a goal. The practices that don’t uphold freedom and the words that don’t talk about freedom go hand in hand, each promoting the other. To overcome this tendency, we need more, not less, talk about freedom.

Conclusion

As the advocates of open source draw new users into our community, we free software activists must shoulder the task of bringing the issue of freedom to their attention. We have to say, “It’s free software and it gives you freedom!”—more and louder than ever. Every time you say “free software” rather than “open source,” you help our campaign.

Notes

• Joe Barr’s article “Live and Let License” (ITworld.com, 22 May 2001, http://www.itworld.com/LWD010523vcontrol4) gives his perspective on this issue.

• Karim R. Lakhani and Robert G. Wolf’s paper on the motivation of free software developers (“Why Hackers Do What They Do: Understanding Motivation and Effort in Free/Open Source Software Projects,” in Perspectives on Free and Open Source Software, edited by J. Feller and others (Cambridge: MIT Press, 2005)) says that a considerable fraction are motivated by the view that software should be free. This is despite the fact that they surveyed the developers on SourceForge, a site that does not support the view that this is an ethical issue.

This essay was originally published on http://gnu.org, in 2007. This version is part of Free Software, Free Society: Selected Essays of Richard M. Stallman, 2nd ed. (Boston: GNU Press, 2010).

Verbatim copying and distribution of this entire chapter are permitted worldwide, without royalty, in any medium, provided this notice is preserved.

Chapter 15. Did You Say “Intellectual Property”? It’s a Seductive Mirage

It has become fashionable to toss copyright, patents, and trademarks—three separate and different entities involving three separate and different sets of laws—plus a dozen other laws into one pot and call it “intellectual property.” The distorting and confusing term did not become common by accident. Companies that gain from the confusion promoted it. The clearest way out of the confusion is to reject the term entirely.

According to Professor Mark Lemley, now of the Stanford Law School, the widespread use of the term “intellectual property” is a fashion that followed the 1967 founding of the World “Intellectual Property” Organization (WIPO), and only became really common in recent years. (WIPO is formally a UN organization, but in fact represents the interests of the holders of copyrights, patents, and trademarks.)

The term carries a bias that is not hard to see: it suggests thinking about copyright, patents and trademarks by analogy with property rights for physical objects. (This analogy is at odds with the legal philosophies of copyright law, of patent law, and of trademark law, but only specialists know that.) These laws are in fact not much like physical property law, but use of this term leads legislators to change them to be more so. Since that is the change desired by the companies that exercise copyright, patent and trademark powers, the bias introduced by the term “intellectual property” suits them.

The bias is reason enough to reject the term, and people have often asked me to propose some other name for the overall category—or have proposed their own alternatives (often humorous). Suggestions include IMPs, for Imposed Monopoly Privileges, and GOLEMs, for Government-Originated Legally Enforced Monopolies. Some speak of “exclusive rights regimes,” but referring to restrictions as “rights” is doublethink too.

Some of these alternative names would be an improvement, but it is a mistake to replace “intellectual property” with any other term. A different name will not address the term’s deeper problem: overgeneralization. There is no such unified thing as “intellectual property”—it is a mirage. The only reason people think it makes sense as a coherent category is that widespread use of the term has misled them.

The term “intellectual property” is at best a catch-all to lump together disparate laws. Nonlawyers who hear one term applied to these various laws tend to assume they are based on a common principle and function similarly.

Nothing could be further from the case. These laws originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues.

Copyright law was designed to promote authorship and art, and covers the details of expression of a work. Patent law was intended to promote the publication of useful ideas, at the price of giving the one who publishes an idea a temporary monopoly over it—a price that may be worth paying in some fields and not in others.

Trademark law, by contrast, was not intended to promote any particular way of acting, but simply to enable buyers to know what they are buying. Legislators under the influence of the term “intellectual property,” however, have turned it into a scheme that provides incentives for advertising.

Since these laws developed independently, they are different in every detail, as well as in their basic purposes and methods. Thus, if you learn some fact about copyright law, you’d be wise to assume that patent law is different. You’ll rarely go wrong!

People often say “intellectual property” when they really mean some larger or smaller category. For instance, rich countries often impose unjust laws on poor countries to squeeze money out of them. Some of these laws are “intellectual property” laws, and others are not; nonetheless, critics of the practice often grab for that label because it has become familiar to them. By using it, they misrepresent the nature of the issue. It would be better to use an accurate term, such as “legislative colonization,” that gets to the heart of the matter.

Laymen are not alone in being confused by this term. Even law professors who teach these laws are lured and distracted by the seductiveness of the term “intellectual property,” and make general statements that conflict with facts they know. For example, one professor wrote in 2006:

Unlike their descendants who now work the floor at WIPO, the framers of the US constitution had a principled, procompetitive attitude to intellectual property. They knew rights might be necessary, but. . .they tied congress’s hands, restricting its power in multiple ways.

That statement refers to Article I, Section 8, Clause 8, of the US Constitution, which authorizes copyright law and patent law. That clause, though, has nothing to do with trademark law or various others. The term “intellectual property” led that professor to make false generalization.

The term “intellectual property” also leads to simplistic thinking. It leads people to focus on the meager commonality in form that these disparate laws have—that they create artificial privileges for certain parties—and to disregard the details which form their substance: the specific restrictions each law places on the public, and the consequences that result. This simplistic focus on the form encourages an “economistic” approach to all these issues.

Economics operates here, as it often does, as a vehicle for unexamined assumptions. These include assumptions about values, such as that amount of production matters while freedom and way of life do not, and factual assumptions which are mostly false, such as that copyrights on music supports musicians, or that patents on drugs support life-saving research.

Another problem is that, at the broad scale implicit in the term “intellectual property,” the specific issues raised by the various laws become nearly invisible. These issues arise from the specifics of each law—precisely what the term “intellectual property” encourages people to ignore. For instance, one issue relating to copyright law is whether music sharing should be allowed; patent law has nothing to do with this. Patent law raises issues such as whether poor countries should be allowed to produce life-saving drugs and sell them cheaply to save lives; copyright law has nothing to do with such matters.

Neither of these issues is solely economic in nature, and their noneconomic aspects are very different; using the shallow economic overgeneralization as the basis for considering them means ignoring the differences. Putting the two laws in the “intellectual property” pot obstructs clear thinking about each one.

Thus, any opinions about “the issue of intellectual property” and any generalizations about this supposed category are almost surely foolish. If you think all those laws are one issue, you will tend to choose your opinions from a selection of sweeping overgeneralizations, none of which is any good.

If you want to think clearly about the issues raised by patents, or copyrights, or trademarks, or various other different laws, the first step is to forget the idea of lumping them together, and treat them as separate topics. The second step is to reject the narrow perspectives and simplistic picture the term “intellectual property” suggests. Consider each of these issues separately, in its fullness, and you have a chance of considering them well.

And when it comes to reforming WIPO, among other things let’s call for changing its name.

This article was written in 2004 and published in Policy Futures in Education, vol. 4, n. 4, pp. 334–336, 2006. This version is part of Free Software, Free Society: Selected Essays of Richard M. Stallman, 2nd ed. (Boston: GNU Press, 2010).

Verbatim copying and distribution of this entire chapter are permitted worldwide, without royalty, in any medium, provided this notice is preserved.

Chapter 16. Words to Avoid (or Use with Care) Because They Are Loaded or Confusing

There are a number of words and phrases that we recommend avoiding, or avoiding in certain contexts and usages. Some are ambiguous or misleading; others presuppose a viewpoint that we hope you disagree with. (See also “Categories of Free and Nonfree Software,”)

BSD-Style

The expression “BSD-style license” leads to confusion because it lumps together licenses that have important differences. For instance, the original BSD license with the advertising clause is incompatible with the GNU General Public License, but the revised BSD license is compatible with the GPL.

To avoid confusion, it is best to name the specific license in question and avoid the vague term “BSD-style.”

Closed

Describing nonfree software as “closed” clearly refers to the term “open source.” In the free software movement, we do not want to be confused with the open source camp, so we are careful to avoid saying things that would encourage people to lump us in with them. For instance, we avoid describing nonfree software as “closed.” We call it “nonfree” or “proprietary.”

Cloud Computing

The term “cloud computing” is a marketing buzzword with no clear meaning. It is used for a range of different activities whose only common characteristic is that they use the Internet for something beyond transmitting files. Thus, the term is a nexus of confusion. If you base your thinking on it, your thinking will be vague.

When thinking about or responding to a statement someone else has made using this term, the first step is to clarify the topic. Which kind of activity is the statement really about, and what is a good, clear term for that activity? Once the topic is clear, the discussion can head for a useful conclusion.

Curiously, Larry Ellison, a proprietary software developer, also noted the vacuity of the term “cloud computing.”[1]

He decided to use the term anyway because, as a proprietary software developer, he isn’t motivated by the same ideals as we are.

Commercial

Please don’t use “commercial” as a synonym for “nonfree.” 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 nonfree, depending on its manner of distribution. Likewise, a program developed by a school or an individual can be free or nonfree, depending on its manner of distribution. 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 1990s, 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 “nonfree” 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.

Compensation

To speak of “compensation for authors” in connection with copyright carries the assumptions that (1) copyright exists for the sake of authors and (2) whenever we read something, we take on a debt to the author which we must then repay. The first assumption is simply false, and the second is outrageous.

Consumer

The term “consumer,” when used to refer to computer users, is loaded with assumptions we should reject. Playing a digital recording, or running a program, does not consume it.

The terms “producer” and “consumer” come from economic theory, and bring with them its narrow perspective and misguided assumptions. They tend to warp your thinking.

In addition, describing the users of software as “consumers” presumes a narrow role for them: it regards them as cattle that passively graze on what others make available to them.

This kind of thinking leads to travesties like the CBDTPA, the “Consumer Broadband and Digital Television Promotion Act,” which would require copying restriction facilities in every digital device. If all the users do is “consume,” then why should they mind?

The shallow economic conception of users as “consumers” tends to go hand in hand with the idea that published works are mere “content.”

To describe people who are not limited to passive use of works, we suggest terms such as “individuals” and “citizens.”

Content

If you want to describe a feeling of comfort and satisfaction, by all means say you are “content,” but using the word as a noun to describe written and other works of authorship adopts an attitude you might rather avoid. It regards these works as a commodity whose purpose is to fill a box and make money. In effect, it disparages the works themselves.

Those who use this term are often the publishers that push for increased copyright power in the name of the authors (“creators,” as they say) of the works. The term “content” reveals their real attitude towards these works and their authors. (See Courtney Love’s open letter to Steve Case[2] and search for “content provider” in that page. Alas, Ms. Love is unaware that the term “intellectual property” is also biased and confusing.)

However, as long as other people use the term “content provider,” political dissidents can well call themselves “malcontent providers.”

The term “content management” takes the prize for vacuity. “Content” means “some sort of information,” and “management” in this context means “doing something with it.” So a “content management system” is a system for doing something to some sort of information. Nearly all programs fit that description.

In most cases, that term really refers to a system for updating pages on a web site. For that, we recommend the term “web site revision system” (WRS).

Creator

The term “creator” as applied to authors implicitly compares them to a deity (“the creator”). The term is used by publishers to elevate authors’ moral standing above that of ordinary people in order to justify giving them increased copyright power, which the publishers can then exercise in their name. We recommend saying “author” instead. However, in many cases “copyright holder” is what you really mean.

Digital Goods

The term “digital goods,” as applied to copies of works of authorship, erroneously identifies them with physical goods—which cannot be copied, and which therefore have to be manufactured and sold.

Digital Rights Management

“Digital Rights Management” refers to technical schemes designed to impose restrictions on computer users. The use of the word “rights” in this term is propaganda, designed to lead you unawares into seeing the issue from the viewpoint of the few that impose the restrictions, and ignoring that of the general public on whom these restrictions are imposed.

Good alternatives include “Digital Restrictions Management,” and “digital handcuffs.”

Ecosystem

It is a mistake to describe the free software community, or any human community, as an “ecosystem,” because that word implies the absence of ethical judgment.

The term “ecosystem” implicitly suggests an attitude of nonjudgmental observation: don’t ask how what should happen, just study and explain what does happen. In an ecosystem, some organisms consume other organisms. We do not ask whether it is fair for an owl to eat a mouse or for a mouse to eat a plant, we only observe that they do so. Species’ populations grow or shrink according to the conditions; this is neither right nor wrong, merely an ecological phenomenon.

By contrast, beings that adopt an ethical stance towards their surroundings can decide to preserve things that, on their own, might vanish—such as civil society, democracy, human rights, peace, public health, clean air and water, endangered species, traditional arts… and computer users’ freedom.

For Free

If you want to say that a program is free software, please don’t say that it is available “for free.” That term specifically means “for zero price.” Free software is a matter of freedom, not price.

Free software copies are often available for free—for example, by downloading via FTP. But free software copies are also available for a price on CD-ROMs; meanwhile, proprietary software copies are occasionally available for free in promotions, and some proprietary packages are normally available at no charge to certain users.

To avoid confusion, you can say that the program is available “as free software.”

Freely Available

Don’t use “freely available software” as a synonym for “free software.” The terms are not equivalent. Software is “freely available” if anyone can easily get a copy. “Free software” is defined in terms of the freedom of users that have a copy of it. These are answers to different questions.

Freeware

Please don’t use the term “freeware” as a synonym for “free software.” The term “freeware” was used often in the 1980s for programs released only as executables, with source code not available. Today it has no particular agreed-on definition.

When using languages other than English, please avoid borrowing English terms such as “free software” or “freeware.” It is better to translate the term “free software” into your language. (Please see p. 253 for a list of recommended unambiguous translations for the term “free software” into various languages.)

By using a word in your own language, you show that you are really referring to freedom and not just parroting some mysterious foreign marketing concept. The reference to freedom may at first seem strange or disturbing to your compatriots, but once they see that it means exactly what it says, they will really understand what the issue is.

Give Away Software

It’s misleading to use the term “give away” to mean “distribute a program as free software.” This locution has the same problem as “for free”: it implies the issue is price, not freedom. One way to avoid the confusion is to say “release as free software.”

Hacker

A hacker is someone who enjoys playful cleverness[3]—not necessarily with computers. The programmers in the old MIT free software community of the 60s and 70s referred to themselves as hackers. Around 1980, journalists who discovered the hacker community mistakenly took the term to mean “security breaker.”

Please don’t spread this mistake. People who break security are “crackers.”

Intellectual Property

Publishers and lawyers like to describe copyright as “intellectual property”—a term also applied to patents, trademarks, and other more obscure areas of law. These laws have so little in common, and differ so much, that it is ill-advised to generalize about them. It is best to talk specifically about “copyright,” or about “patents,” or about “trademarks.”

The term “intellectual property” carries a hidden assumption—that the way to think about all these disparate issues is based on an analogy with physical objects, and our conception of them as physical property.

When it comes to copying, this analogy disregards the crucial difference between material objects and information: information can be copied and shared almost effortlessly, while material objects can’t be.

To avoid spreading unnecessary bias and confusion, it is best to adopt a firm policy not to speak or even think in terms of “intellectual property.”

The hypocrisy of calling these powers “rights” is starting to make the World “Intellectual Property” Organization embarrassed.

LAMP System

“LAMP” stands for “Linux, Apache, MySQL and PHP”—a common combination of software to use on a web server, except that “Linux” in this context really refers to the GNU/Linux system. So instead of “LAMP” it should be “GLAMP”: “GNU, Linux, Apache, MySQL and PHP.”

Linux System

Linux is the name of the kernel that Linus Torvalds developed starting in 1991. The operating system in which Linux is used is basically GNU with Linux added. To call the whole system “Linux” is both unfair and confusing. Please call the complete system GNU/Linux, both to give the GNU Project credit and to distinguish the whole system from the kernel alone.

Market

It is misleading to describe the users of free software, or the software users in general, as a “market.”

This is not to say there is no room for markets in the free software community. If you have a free software support business, then you have clients, and you trade with them in a market. As long as you respect their freedom, we wish you success in your market.

But the free software movement is a social movement, not a business, and the success it aims for is not a market success. We are trying to serve the public by giving it freedom—not competing to draw business away from a rival. To equate this campaign for freedom to a business’ efforts for mere success is to deny the importance of freedom and legitimize proprietary software.

MP3 Player

In the late 1990s it became feasible to make portable, solid-state digital audio players. Most support the patented MP3 codec, but not all. Some support the patent-free audio codecs Ogg Vorbis and FLAC, and may not even support MP3-encoded files at all, precisely to avoid these patents. To call such players “MP3 players” is not only confusing, it also puts MP3 in an undeserved position of privilege which encourages people to continue using that vulnerable format. We suggest the terms “digital audio player,” or simply “audio player” if context permits.

Open

Please avoid using the term “open” or “open source” as a substitute for “free software.” Those terms refer to a different position based on different values. Free software is a political movement; open source is a development model.

When referring to the open source position, using its name is appropriate; but please do not use it to label us or our work—that leads people to think we share those views.

PC

It’s OK to use the abbreviation “PC” to refer to a certain kind of computer hardware, but please don’t use it with the implication that the computer is running Microsoft Windows. If you install GNU/Linux on the same computer, it is still a PC.

The term “WC” has been suggested for a computer running Windows.

Photoshop

Please avoid using the term “photoshop” as a verb, meaning any kind of photo manipulation or image editing in general. Photoshop is just the name of one particular image editing program, which should be avoided since it is proprietary. There are plenty of free alternatives, such as GIMP.

Piracy

Publishers often refer to copying they don’t approve of as “piracy.” In this way, they imply that it is ethically equivalent to attacking ships on the high seas, kidnapping and murdering the people on them. Based on such propaganda, they have procured laws in most of the world to forbid copying in most (or sometimes all) circumstances. (They are still pressuring to make these prohibitions more complete.)

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

PowerPoint

Please avoid using the term “PowerPoint” to mean any kind of slide presentation. “PowerPoint” is just the name of one particular proprietary program to make presentations, and there are plenty of free alternatives, such as TeX’s beamer class and OpenOffice.org’s Impress.

Protection

Publishers’ lawyers love to use the term “protection” to describe copyright. This word carries the implication of preventing destruction or suffering; therefore, it encourages people to identify with the owner and publisher who benefit from copyright, rather than with the users who are restricted by it.

It is easy to avoid “protection” and use neutral terms instead. For example, instead of saying, “Copyright protection lasts a very long time,” you can say, “Copyright lasts a very long time.”

If you want to criticize copyright instead of supporting it, you can use the term “copyright restrictions.” Thus, you can say, “Copyright restrictions last a very long time.”

The term “protection” is also used to describe malicious features. For instance, “copy protection” is a feature that interferes with copying. From the user’s point of view, this is obstruction. So we could call that malicious feature “copy obstruction.” More often it is called Digital Restrictions Management (DRM)—see the Defective by Design campaign, at http://www.defectivebydesign.org.

RAND (Reasonable and Non-Discriminatory)

Standards bodies that promulgate patent-restricted standards that prohibit free software typically have a policy of obtaining patent licenses that require a fixed fee per copy of a conforming program. They often refer to such licenses by the term “RAND,” which stands for “reasonable and non-discriminatory.”

That term whitewashes a class of patent licenses that are normally neither reasonable nor nondiscriminatory. It is true that these licenses do not discriminate against any specific person, but they do discriminate against the free software community, and that makes them unreasonable. Thus, half of the term “RAND” is deceptive and the other half is prejudiced.

Standards bodies should recognize that these licenses are discriminatory, and drop the use of the term “reasonable and non-discriminatory” or “RAND” to describe them. Until they do so, writers who do not wish to join in the whitewashing would do well to reject that term. To accept and use it merely because patent-wielding companies have made it widespread is to let those companies dictate the views you express.

We suggest the term “uniform fee only,” or “UFO” for short, as a replacement. It is accurate because the only condition in these licenses is a uniform royalty fee.

Sell Software

The term “sell software” is ambiguous. Strictly speaking, exchanging a copy of a free program for a sum of money is selling; but people usually associate the term “sell” with proprietary restrictions on the subsequent use of the software. You can be more precise, and prevent confusion, by saying either “distributing copies of a program for a fee” or “imposing proprietary restrictions on the use of a program,” depending on what you mean.

See “Selling Free Software” for further discussion of this issue.

Software Industry

The term “software industry” encourages people to imagine that software is always developed by a sort of factory and then delivered to “consumers.” The free software community shows this is not the case. Software businesses exist, and various businesses develop free and/or nonfree software, but those that develop free software are not run like factories.

The term “industry” is being used as propaganda by advocates of software patents. They call software development “industry” and then try to argue that this means it should be subject to patent monopolies. The European Parliament, rejecting software patents in 2003,[4] voted to define “industry” as “automated production of material goods.”

Theft

Copyright apologists often use words like “stolen” and “theft” to describe copyright infringement. At the same time, they ask us to treat the legal system as an authority on ethics: if copying is forbidden, it must be wrong.

So it is pertinent to mention that the legal system—at least in the US—rejects the idea that copyright infringement is “theft.” Copyright apologists are making an appeal to authority… and misrepresenting what authority says.

The idea that laws decide what is right or wrong is mistaken in general. Laws are, at their best, an attempt to achieve justice; to say that laws define justice or ethical conduct is turning things upside down.

Trusted Computing

“Trusted computing” is the proponents’ name for a scheme to redesign computers so that application developers can trust your computer to obey them instead of you. From their point of view, it is “trusted”; from your point of view, it is “treacherous.”

Vendor

Please don’t use the term “vendor” to refer generally to anyone that develops or packages software. Many programs are developed in order to sell copies, and their developers are therefore their vendors; this even includes some free software packages. However, many programs are developed by volunteers or organizations which do not intend to sell copies. These developers are not vendors. Likewise, only some of the packagers of GNU/Linux distributions are vendors. We recommend the general term “supplier” instead.

This list was first published on http://gnu.org, in 1996. This version is part of Free Software, Free Society: Selected Essays of Richard M. Stallman, 2nd ed. (Boston: GNU Press, 2010).

Verbatim copying and distribution of this entire chapter are permitted worldwide, without royalty, in any medium, provided this notice is preserved.