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| 7 | <title>The Right to Read - GNU Project - Free Software Foundation (FSF)</title>
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| 20 |
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| 21 | <p><a href="#translations">Translations</a> of this page</p>
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| 22 |
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| 23 | <h3>The Right to Read</h3>
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| 24 | <p>
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| 25 | by <a href="http://www.stallman.org/"><strong>Richard Stallman</strong></a></p>
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| 26 |
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| 27 | <p>
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| 28 | <a href="/graphics/philosophicalgnu.html"><img src="/graphics/philosophical-gnu-sm.jpg"
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| 29 | alt=" [image of a Philosophical Gnu] "
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| 30 | width="160" height="200" /></a>
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| 31 | </p>
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| 32 |
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| 33 | <hr />
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| 34 |
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| 35 | <h4>Table of Contents</h4>
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| 36 | <ul>
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| 37 | <li><a href="/philosophy/right-to-read.html#AuthorsNote"
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| 38 | id="TOCAuthorsNote">Author's Note</a></li>
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| 39 | <li><a href="/philosophy/right-to-read.html#References"
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| 40 | id="TOCReferences">References</a></li>
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| 41 | <li><a href="/philosophy/right-to-read.html#OtherTexts"
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| 42 | id="TOCOtherTexts">Other Texts to Read</a></li>
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| 43 | </ul>
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| 44 |
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| 45 | <hr />
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| 46 |
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| 47 | <p>
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| 48 | <em>This article appeared in the February 1997 issue of <strong>Communications of the
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| 49 | ACM</strong> (Volume 40, Number 2).</em></p>
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| 50 |
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| 51 | <blockquote><p>
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| 52 | (from "The Road To Tycho", a collection of articles
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| 53 | about the antecedents of the Lunarian Revolution,
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| 54 | published in Luna City in 2096)
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| 55 | </p></blockquote>
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| 56 |
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| 57 | <p>
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| 58 | For Dan Halbert, the road to Tycho began in college--when Lissa Lenz
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| 59 | asked to borrow his computer. Hers had broken down, and unless she
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| 60 | could borrow another, she would fail her midterm project. There was
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| 61 | no one she dared ask, except Dan.</p>
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| 62 |
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| 63 | <p>
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| 64 | This put Dan in a dilemma. He had to help her--but if he lent her his
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| 65 | computer, she might read his books. Aside from the fact that you
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| 66 | could go to prison for many years for letting someone else read your
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| 67 | books, the very idea shocked him at first. Like everyone, he had been
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| 68 | taught since elementary school that sharing books was nasty and
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| 69 | wrong--something that only pirates would do.</p>
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| 70 |
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| 71 | <p>
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| 72 | And there wasn't much chance that the SPA--the Software Protection
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| 73 | Authority--would fail to catch him. In his software class, Dan had
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| 74 | learned that each book had a copyright monitor that reported when and
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| 75 | where it was read, and by whom, to Central Licensing. (They used this
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| 76 | information to catch reading pirates, but also to sell personal
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| 77 | interest profiles to retailers.) The next time his computer was
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| 78 | networked, Central Licensing would find out. He, as computer owner,
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| 79 | would receive the harshest punishment--for not taking pains to prevent
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| 80 | the crime.</p>
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| 81 |
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| 82 | <p>
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| 83 | Of course, Lissa did not necessarily intend to read his books. She
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| 84 | might want the computer only to write her midterm. But Dan knew she
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| 85 | came from a middle-class family and could hardly afford the tuition,
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| 86 | let alone her reading fees. Reading his books might be the only way
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| 87 | she could graduate. He understood this situation; he himself had had
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| 88 | to borrow to pay for all the research papers he read. (10% of those
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| 89 | fees went to the researchers who wrote the papers; since Dan aimed for
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| 90 | an academic career, he could hope that his own research papers, if
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| 91 | frequently referenced, would bring in enough to repay this loan.)</p>
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| 92 |
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| 93 | <p>
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| 94 | Later on, Dan would learn there was a time when anyone could go to the
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| 95 | library and read journal articles, and even books, without having to
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| 96 | pay. There were independent scholars who read thousands of pages
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| 97 | without government library grants. But in the 1990s, both commercial
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| 98 | and nonprofit journal publishers had begun charging fees for access.
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| 99 | By 2047, libraries offering free public access to scholarly literature
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| 100 | were a dim memory.</p>
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| 101 |
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| 102 | <p>
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| 103 | There were ways, of course, to get around the SPA and Central
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| 104 | Licensing. They were themselves illegal. Dan had had a classmate in
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| 105 | software, Frank Martucci, who had obtained an illicit debugging tool,
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| 106 | and used it to skip over the copyright monitor code when reading
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| 107 | books. But he had told too many friends about it, and one of them
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| 108 | turned him in to the SPA for a reward (students deep in debt were
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| 109 | easily tempted into betrayal). In 2047, Frank was in prison, not for
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| 110 | pirate reading, but for possessing a debugger.</p>
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| 111 |
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| 112 | <p>
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| 113 | Dan would later learn that there was a time when anyone could have
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| 114 | debugging tools. There were even free debugging tools available on CD
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| 115 | or downloadable over the net. But ordinary users started using them
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| 116 | to bypass copyright monitors, and eventually a judge ruled that this
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| 117 | had become their principal use in actual practice. This meant they
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| 118 | were illegal; the debuggers' developers were sent to prison.</p>
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| 119 |
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| 120 | <p>
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| 121 | Programmers still needed debugging tools, of course, but debugger
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| 122 | vendors in 2047 distributed numbered copies only, and only to
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| 123 | officially licensed and bonded programmers. The debugger Dan used in
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| 124 | software class was kept behind a special firewall so that it could be
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| 125 | used only for class exercises.</p>
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| 126 |
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| 127 | <p>
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| 128 | It was also possible to bypass the copyright monitors by installing a
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| 129 | modified system kernel. Dan would eventually find out about the free
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| 130 | kernels, even entire free operating systems, that had existed around
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| 131 | the turn of the century. But not only were they illegal, like
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| 132 | debuggers--you could not install one if you had one, without knowing
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| 133 | your computer's root password. And neither the FBI nor Microsoft
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| 134 | Support would tell you that.</p>
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| 135 |
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| 136 | <p>
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| 137 | Dan concluded that he couldn't simply lend Lissa his computer. But he
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| 138 | couldn't refuse to help her, because he loved her. Every chance to
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| 139 | speak with her filled him with delight. And that she chose him to ask
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| 140 | for help, that could mean she loved him too.</p>
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| 141 |
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| 142 | <p>
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| 143 | Dan resolved the dilemma by doing something even more unthinkable--he
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| 144 | lent her the computer, and told her his password. This way, if Lissa
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| 145 | read his books, Central Licensing would think he was reading them. It
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| 146 | was still a crime, but the SPA would not automatically find out about
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| 147 | it. They would only find out if Lissa reported him.</p>
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| 148 |
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| 149 | <p>
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| 150 | Of course, if the school ever found out that he had given Lissa his
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| 151 | own password, it would be curtains for both of them as students,
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| 152 | regardless of what she had used it for. School policy was that any
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| 153 | interference with their means of monitoring students' computer use was
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| 154 | grounds for disciplinary action. It didn't matter whether you did
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| 155 | anything harmful--the offense was making it hard for the
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| 156 | administrators to check on you. They assumed this meant you were
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| 157 | doing something else forbidden, and they did not need to know what it
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| 158 | was.</p>
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| 159 |
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| 160 | <p>
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| 161 | Students were not usually expelled for this--not directly. Instead
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| 162 | they were banned from the school computer systems, and would
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| 163 | inevitably fail all their classes.</p>
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| 164 |
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| 165 | <p>
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| 166 | Later, Dan would learn that this kind of university policy started
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| 167 | only in the 1980s, when university students in large numbers began
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| 168 | using computers. Previously, universities maintained a different
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| 169 | approach to student discipline; they punished activities that were
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| 170 | harmful, not those that merely raised suspicion.</p>
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| 171 |
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| 172 | <p>
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| 173 | Lissa did not report Dan to the SPA. His decision to help her led to
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| 174 | their marriage, and also led them to question what they had been
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| 175 | taught about piracy as children. The couple began reading about the
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| 176 | history of copyright, about the Soviet Union and its restrictions on
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| 177 | copying, and even the original United States Constitution. They moved
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| 178 | to Luna, where they found others who had likewise gravitated away from
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| 179 | the long arm of the SPA. When the Tycho Uprising began in 2062, the
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| 180 | universal right to read soon became one of its central aims.</p>
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| 181 |
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| 182 |
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| 183 | <h4><a href="/philosophy/right-to-read.html#TOCAuthorsNote"
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| 184 | id="AuthorsNote">Author's Note</a></h4>
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| 185 |
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| 186 | <p>This note was updated in 2002.</p>
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| 187 |
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| 188 | <p>
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| 189 | The right to read is a battle being fought today. Although it may
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| 190 | take 50 years for our present way of life to fade into obscurity, most
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| 191 | of the specific laws and practices described above have already been
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| 192 | proposed; many have been enacted into law in the US and elsewhere. In
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| 193 | the US, the 1998 Digital Millenium Copyright Act established the legal
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| 194 | basis to restrict the reading and lending of computerized books (and
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| 195 | other data too). The European Union imposed similar restrictions in a
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| 196 | 2001 copyright directive.</p>
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| 197 |
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| 198 | <p>
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| 199 | Until recently, there was one exception: the idea that the FBI and
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| 200 | Microsoft will keep the root passwords for personal computers, and not
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| 201 | let you have them, was not proposed until 2002. It is called "trusted
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| 202 | computing" or "palladium".</p>
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| 203 |
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| 204 | <p>
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| 205 | In 2001, Disney-funded Senator Hollings proposed a bill called the
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| 206 | SSSCA that would require every new computer to have mandatory
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| 207 | copy-restriction facilities that the user cannot bypass. Following
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| 208 | the Clipper chip and similar US government key-escrow proposals, this
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| 209 | shows a long-term trend: computer systems are increasingly set up to
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| 210 | give absentees with clout control over the people actually using the
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| 211 | computer system. The SSSCA has since been renamed to the CBDTPA
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| 212 | (think of it as the "Consume But Don't Try Programming Act").</p>
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| 213 |
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| 214 | <p>
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| 215 | In 2001 the US began attempting to use the proposed Free Trade Area of
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| 216 | the Americas treaty to impose the same rules on all the countries in
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| 217 | the Western Hemisphere. The FTAA is one of the so-called "free trade"
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| 218 | treaties, actually designed to give business increased power over
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| 219 | democratic governments; imposing laws like the DMCA is typical of this
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| 220 | spirit. The <a href="http://www.eff.org">Electronic Frontier
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| 221 | Foundation</a> asks people to explain to the other governments why
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| 222 | they should oppose this plan.</p>
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| 223 |
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| 224 | <p>
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| 225 | The SPA, which actually stands for Software Publisher's Association,
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| 226 | has been replaced in this police-like role by the BSA or Business
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| 227 | Software Alliance. It is not, today, an official police force;
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| 228 | unofficially, it acts like one. Using methods reminiscent of the
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| 229 | erstwhile Soviet Union, it invites people to inform on their coworkers
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| 230 | and friends. A BSA terror campaign in Argentina in 2001 made veiled
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| 231 | threats that people sharing software would be raped in prison.</p>
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| 232 |
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| 233 | <p>
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| 234 | When this story was written, the SPA was threatening small
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| 235 | Internet service providers, demanding they permit the SPA to monitor
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| 236 | all users. Most ISPs surrender when threatened, because they cannot
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| 237 | afford to fight back in court. (Atlanta Journal-Constitution, 1 Oct
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| 238 | 96, D3.) At least one ISP, Community ConneXion in Oakland CA, refused
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| 239 | the demand and was actually sued. The SPA later dropped the suit,
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| 240 | but obtained the DMCA which gave them the power they sought.</p>
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| 241 |
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| 242 | <p>
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| 243 | The university security policies described above are not imaginary.
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| 244 | For example, a computer at one Chicago-area university prints this
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| 245 | message when you log in (quotation marks are in the original):</p>
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| 246 |
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| 247 | <blockquote><p>
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| 248 | "This system is for the use of authorized users only. Individuals using
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| 249 | this computer system without authority or in the excess of their authority
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| 250 | are subject to having all their activities on this system monitored and
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| 251 | recorded by system personnel. In the course of monitoring individuals
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| 252 | improperly using this system or in the course of system maintenance, the
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| 253 | activities of authorized user may also be monitored. Anyone using this
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| 254 | system expressly consents to such monitoring and is advised that if such
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| 255 | monitoring reveals possible evidence of illegal activity or violation of
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| 256 | University regulations system personnel may provide the evidence of such
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| 257 | monitoring to University authorities and/or law enforcement officials."
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| 258 | </p></blockquote>
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| 259 |
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| 260 | <p>
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| 261 | This is an interesting approach to the Fourth Amendment: pressure most
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| 262 | everyone to agree, in advance, to waive their rights under it.</p>
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| 263 |
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| 264 | <hr />
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| 265 |
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| 266 | <h4><a href="/philosophy/right-to-read.html#TOCReferences"
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| 267 | id="References">References</a></h4>
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| 268 |
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| 269 | <ul>
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| 270 | <li>The administration's "White Paper": Information Infrastructure Task
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| 271 | Force, Intellectual Property and the National Information
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| 272 | Infrastructure: The Report of the Working Group on Intellectual
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| 273 | Property Rights (1995).</li>
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| 274 |
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| 275 | <li><a href="http://www.wired.com/wired/archive/4.01/white.paper_pr.html">An
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| 276 | explanation of the White Paper:
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| 277 | The Copyright Grab</a>, Pamela Samuelson, Wired, Jan. 1996</li>
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| 278 |
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| 279 | <li><a href="http://www.law.duke.edu/boylesite/sold_out.htm">Sold Out</a>,
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| 280 | James Boyle, New York Times, 31 March 1996</li>
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| 281 |
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| 282 | <li>Public Data or Private Data, Washington Post, 4 Nov 1996. We used to have a link to this, but Washinton Post has decided to start charging users who wishes to read articles on the web site and therefore we have decided to remove the link.</li>
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| 283 |
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| 284 | <li><a href="http://www.public-domain.org/">Union for the Public
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| 285 | Domain</a>--an organization which aims to resist and reverse
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| 286 | the overextension of copyright and patent powers.</li>
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| 287 | </ul>
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| 288 |
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| 289 | <hr />
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| 290 | <h4>This essay is published in <a href="/doc/book13.html"><cite>Free Software, Free Society: The Selected Essays of Richard
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| 291 | M. Stallman</cite></a>.</h4>
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| 292 |
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| 293 | <h4><a href="/philosophy/right-to-read.html#TOCOtherTexts"
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| 294 | id="OtherTexts">Other Texts to Read</a></h4>
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| 295 |
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| 296 | <ul>
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| 297 | <li><a href="/philosophy/philosophy.html">Philosophy of the GNU Project</a></li>
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| 298 | <li><a href="http://www.computerworld.com/managementtopics/management/opinion/story/0,10801,49358,00.html" id="COPYPROCTECTION">Copy Protection: Just Say No</a>
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| 299 | Published in Computer World.</li>
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| 300 | </ul>
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| 301 |
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| 302 | <hr />
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| 303 |
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| 304 | <p>
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| 305 | The <a href="/philosophy/right-to-read.html#AuthorsNote">author's
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| 306 | note</a> talks about the battle for the right to read and electronic
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| 307 | surveillance. The battle is beginning now; here are links to two
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| 308 | articles about technologies now being
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| 309 | developed to deny you the right to read.</p>
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| 310 | <ul>
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| 311 | <li><a href="http://www.zdnet.com/zdnn/stories/news/0,4586,2324939,00.html">Electronic
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| 312 | Publishing:</a> An article about distribution of books in
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| 313 | electronic form, and copyright issues affecting the right to read a copy.</li>
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| 314 | <li><a href="http://channels.microsoft.com/presspass/press/1999/Aug99/SeyboldPR.asp">Books
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| 315 | inside Computers:</a> Software to control who can read
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| 316 | books and documents on a PC.</li>
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| 317 | </ul>
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| 318 |
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| 319 | <!-- All pages on the GNU web server should have the section about -->
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| 320 | <!-- verbatim copying. Please do NOT remove this without talking -->
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| 321 | <!-- with the webmasters first. -->
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| 322 | <!-- Please make sure the copyright date is consistent with the document -->
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| 323 | <!-- and that it is like this "2001, 2002" not this "2001-2002." -->
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| 324 |
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| 325 | <div class="copyright">
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| 326 | <p>
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| 327 | Return to the <a href="/home.html">GNU Project home page</a>.
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| 328 | </p>
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| 329 |
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| 330 | <p>
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| 331 | Please send FSF & GNU inquiries to
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| 332 | <a href="mailto:gnu@gnu.org"><em>gnu@gnu.org</em></a>.
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| 333 | There are also <a href="/home.html#ContactInfo">other ways to contact</a>
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| 334 | the FSF.
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| 335 | <br />
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| 336 | Please send broken links and other corrections (or suggestions) to
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| 337 | <a href="mailto:webmasters@gnu.org"><em>webmasters@gnu.org</em></a>.
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| 338 | </p>
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| 339 |
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| 340 | <p>
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| 341 | Please see the
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| 342 | <a href="/server/standards/README.translations.html">Translations
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| 343 | README</a> for information on coordinating and submitting
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| 344 | translations of this article.
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| 345 | </p>
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| 346 |
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| 347 | <p>
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| 348 | Copyright 1996 Richard Stallman
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| 349 | <br />
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| 350 | Verbatim copying and distribution of this entire article is
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| 351 | permitted in any medium without royalty provided this notice is
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| 352 | preserved.
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| 353 | </p>
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| 354 |
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| 355 | <p>
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| 356 | Updated:
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| 357 | <!-- timestamp start -->
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| 358 | $Date: 2006/07/06 16:53:21 $ $Author: alex_muntada $
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| 359 | <!-- timestamp end -->
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| 360 | </p>
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| 361 | </div>
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| 362 |
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| 363 | <div class="translations">
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| 364 | <p><a id="translations"></a>
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| 365 | <b>Translations of this page</b>:<br />
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| 366 |
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| 367 | <!-- Please keep this list alphabetical, and in the original -->
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| 368 | <!-- language if possible, otherwise default to English -->
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| 369 | <!-- If you do not have it English, please comment what the -->
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| 370 | <!-- English is. If you add a new language here, please -->
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| 371 | <!-- advise web-translators@gnu.org and add it to -->
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| 372 | <!-- - in /home/www/bin/nightly-vars either TAGSLANG or WEBLANG -->
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| 373 | <!-- - in /home/www/html/server/standards/README.translations.html -->
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| 374 | <!-- one of the lists under the section "Translations Underway" -->
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| 375 | <!-- - if there is a translation team, you also have to add an alias -->
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| 376 | <!-- to mail.gnu.org:/com/mailer/aliases -->
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| 377 | <!-- Please also check you have the 2 letter language code right versus -->
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| 378 | <!-- http://www.w3.org/WAI/ER/IG/ert/iso639.htm -->
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| 379 |
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| 380 | [
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| 381 | <!-- Czech --> <a href="/philosophy/right-to-read.cs.html">cs</a> |
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| 382 | <!-- German --> <a href="/philosophy/right-to-read.de.html">de</a> |
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| 383 | <!-- English --> <a href="/philosophy/right-to-read.html">en</a> |
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| 384 | <!-- Spanish --> <a href="/philosophy/right-to-read.es.html">es</a> |
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| 385 | <!-- French --> <a href="/philosophy/right-to-read.fr.html">fr</a> |
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| 386 | <!-- Hebrew --> <a href="/philosophy/right-to-read.he.html">he</a> |
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| 387 | <!-- Japanese --> <a href="/philosophy/right-to-read.ja.html">ja</a> |
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| 388 | <!-- Korean --> <a href="/philosophy/right-to-read.ko.html">ko</a> |
|
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| 389 | <!-- Hungarian --> <a href="/philosophy/right-to-read.hu.html">hu</a> |
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| 390 | <!-- Polish --> <a href="/philosophy/right-to-read.pl.html">pl</a> |
|
|---|
| 391 | <!-- Portuguese --> <a href="/philosophy/right-to-read.pt.html">pt</a> |
|
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| 392 | <!-- Russian --> <a href="/philosophy/right-to-read.ru.html">ru</a> |
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| 393 | <!-- Slovenian --> <a href="/philosophy/right-to-read.sl.html">sl</a> |
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| 394 | <!-- Swedish --> <a href="/philosophy/right-to-read.sv.html">sv</a>
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| 395 | ]
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| 396 | </p>
|
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| 397 | </div>
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| 398 |
|
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| 399 | </body>
|
|---|
| 400 | </html>
|
|---|
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