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diff --git a/data/v3/samples/two_bits.christopher_kelty.sst b/data/v3/samples/two_bits.christopher_kelty.sst index 1cff4f9..c27ca8b 100644 --- a/data/v3/samples/two_bits.christopher_kelty.sst +++ b/data/v3/samples/two_bits.christopher_kelty.sst @@ -6,9 +6,12 @@ @creator: :author: Kelty, Christopher M. +@date: + :published: 2008 + @rights: - :copyright: © 2008 Duke University Press<br>Printed in the United States of America on acid-free paper ∞<br>Designed by C. H. Westmoreland<br>Typeset in Charis (an Open Source font) by Achorn International<br>Library of Congress Cataloging-in-Publication data and republication acknowledgments appear on the last printed pages of this book. - :license: Licensed under the Creative Commons Attribution-NonCommercial-Share Alike License, available at http://creativecommons.org/licenses/by-nc-sa/3.0/ or by mail from Creative Commons, 559 Nathan Abbott Way, Stanford, Calif. 94305, U.S.A. "NonCommercial" as defined in this license specifically excludes any sale of this work or any portion thereof for money, even if sale does not result in a profit by the seller or if the sale is by a 501(c)(3) nonprofit or NGO.<br>Duke University Press gratefully acknowledges the support of HASTAC (Humanities, Arts, Science, and Technology Advanced Collaboratory), which provided funds to help support the electronic interface of this book.<br>Two Bits is accessible on the Web at twobits.net. + :copyright: © 2008 Duke University Press \\ Printed in the United States of America on acid-free paper ∞ \\ Designed by C. H. Westmoreland \\ Typeset in Charis (an Open Source font) by Achorn International \\ Library of Congress Cataloging-in-Publication data and republication acknowledgments appear on the last printed pages of this book. + :license: Licensed under the Creative Commons Attribution-NonCommercial-Share Alike License, available at http://creativecommons.org/licenses/by-nc-sa/3.0/ or by mail from Creative Commons, 559 Nathan Abbott Way, Stanford, Calif. 94305, U.S.A. "NonCommercial" as defined in this license specifically excludes any sale of this work or any portion thereof for money, even if sale does not result in a profit by the seller or if the sale is by a 501(c)(3) nonprofit or NGO. \\ Duke University Press gratefully acknowledges the support of HASTAC (Humanities, Arts, Science, and Technology Advanced Collaboratory), which provided funds to help support the electronic interface of this book. \\ Two Bits is accessible on the Web at twobits.net. @classify: :topic_register: open source software:social aspects;software:development:geeks;anthropology:geeks;book:subject:anthropology|information society|geeks;society;programming;society:information society; @@ -16,28 +19,19 @@ % :isbn: 978082234264-9 -@date: 2008 +@links: + { Two Bits home page }http://twobits.net/ + { Christopher M. Kelty }http://kelty.org/ + { Two Bits @ Amazon.com }http://www.amazon.com/Two-Bits-Cultural-Significance-Software/dp/0822342642 + { Two Bits @ Barnes & Noble }http://search.barnesandnoble.com/Two-Bits/Christopher-M-Kelty/e/9780822342649 + { SiSU }http://sisudoc.org/ + { sources / git }http://sources.sisudoc.org/ @make: :skin: skin_2bits :breaks: new=:C; break=1 :italics: /Two Bits/i -@links: - {Two Bits, Christopher Kelty: home page}http://twobits.net/ - {Two Bits, Christopher Kelty @ SiSU}http://www.jus.uio.no/sisu/two_bits.christopher_kelty - {Viral Spiral, David Bollier@ SiSU}http://www.jus.uio.no/sisu/viral_spiral.david_bollier - {Democratizing Innovation, Eric von Hippel @ SiSU}http://www.jus.uio.no/sisu/democratizing_innovation.eric_von_hippel - {The Wealth of Networks, Yochai Benkler @ SiSU}http://www.jus.uio.no/sisu/the_wealth_of_networks.yochai_benkler - {Free Culture, Lawrence Lessig @ SiSU}http://www.jus.uio.no/sisu/free_culture.lawrence_lessig - {CONTENT, Cory Doctorow @ SiSU}http://www.jus.uio.no/sisu/content.cory_doctorow - {Free as in Freedom (on Richard M. Stallman), Sam Williams @ SiSU}http://www.jus.uio.no/sisu/free_as_in_freedom.richard_stallman_crusade_for_free_software.sam_williams - {Free For All, Peter Wayner @ SiSU}http://www.jus.uio.no/sisu/free_for_all.peter_wayner - {The Cathedral and the Bazaar, Eric S. Raymond @ SiSU }http://www.jus.uio.no/sisu/the_cathedral_and_the_bazaar.eric_s_raymond - {Little Brother, Cory Doctorow @ SiSU}http://www.jus.uio.no/sisu/little_brother.cory_doctorow - {Two Bits @ Amazon.com}http://www.amazon.com/Two-Bits-Cultural-Significance-Software/dp/0822342642 - {Two Bits @ Barnes & Noble}http://search.barnesandnoble.com/Two-Bits/Christopher-M-Kelty/e/9780822342649 - :A~ @title @author 1~dedication Dedication @@ -1175,7 +1169,7 @@ Minix became as widely used in the 1980s as a teaching tool as Lions’s source ={ontology:of UNIX operating system} Minix was not commercial software, but nor was it Free Software. It was copyrighted and controlled by Tanenbaum’s publisher, Prentice Hall. Because it used no AT&T source code, Minix was also legally independent, a legal object of its own. The fact that it was intended to be legally distinct from, yet conceptually true to UNIX is a clear indication of the kinds of tensions that govern the creation and sharing of source code. The ironic apotheosis of Minix as the pedagogical gold standard for studying UNIX came in 1991-92, when a young Linus Torvalds created a "fork" of Minix, also rewritten from scratch, that would go on to become the paradigmatic piece of Free Software: Linux. Tanenbaum’s purpose for Minix was that it remain a pedagogically useful operating system—small, concise, and illustrative—whereas Torvalds wanted to extend and expand his version of Minix to take full advantage of the kinds of hardware being produced in the 1990s. Both, however, were committed to source-code visibility and sharing as the swiftest route to complete comprehension of operating-systems principles. -={Linux (Free Software project)|origins in Minix} +={Linux (Free Software project):origins in Minix} 2~ Forking UNIX ={forking+13} @@ -1605,7 +1599,7 @@ Stallman’s communal model could not completely prevent the porting and forking 2~ The Controversy In brief the controversy was this: in 1983 James Gosling decided to sell his version of EMACS—a version written in C for UNIX called GOSMACS—to a commercial software vendor called Unipress. GOSMACS, the second most famous implementation of EMACS (after Stallman’s itself ), was written when Gosling was a graduate student at Carnegie Mellon University. For years, Gosling had distributed GOSMACS by himself and had run a mailing list on Usenet, on which he answered queries and discussed extensions. Gosling had explicitly asked people not to redistribute the program, but to come back to him (or send interested parties to him directly) for new versions, making GOSMACS more of a benevolent dictatorship than a commune. Gosling maintained his authority, but graciously accepted revisions and bug-fixes and extensions from users, incorporating them into new releases. Stallman’s system, by contrast, allowed users to distribute their extensions themselves, as well as have them included in the "official" EMACS. By 1983, Gosling had decided he was unable to effectively maintain and support GOSMACS—a task he considered the proper role of a corporation. -={Gosling, James+64|GOSMACS (version of EMACS)+41;Unipress+41} +={Gosling, James+64;GOSMACS (version of EMACS)+41;Unipress+41} % ,{[pg 189]}, @@ -1669,7 +1663,7 @@ Why I Must Write GNU }group -At that point, it is clear, there was no "free software license." There was the word free, but not the term public domain. There was the "golden rule," and there was a resistance to nondisclosure and license arrangements in general, but certainly no articulated conception of copyleft of Free Software as a legally distinct entity. And yet Stallman hardly intended to "abandon it" to the public domain, as Gosling suggested. Instead, Stallman likely intended to require the same EMACS commune rules to apply to Free Software, rules that he would be able to control largely by overseeing (in a nonlegal sense) who was sent or sold what and by demanding (in the form of messages attached to the software) that any modifications or improvements come in the form of donations. It was during the period 1983-85 that the EMACS commune morphed into the GPL, as Stallman began adding copyrights and appending messages that made explicit what people could do with the software.~{ Various other people seem to have conceived of a similar scheme around the same time (if the Usenet archives are any guide), including Guido Van Rossum (who would later become famous for the creation of the Python scripting language). The following is from Message-ID: 5568@mcvax.uucp:<br>/* This software is copyright (c) Mathematical Centre, Amsterdam,<br>* 1983.<br>* Permission is granted to use and copy this software, but not for * profit,<br>* and provided that these same conditions are imposed on any person<br>* receiving or using the software.<br>*/ }~ +At that point, it is clear, there was no "free software license." There was the word free, but not the term public domain. There was the "golden rule," and there was a resistance to nondisclosure and license arrangements in general, but certainly no articulated conception of copyleft of Free Software as a legally distinct entity. And yet Stallman hardly intended to "abandon it" to the public domain, as Gosling suggested. Instead, Stallman likely intended to require the same EMACS commune rules to apply to Free Software, rules that he would be able to control largely by overseeing (in a nonlegal sense) who was sent or sold what and by demanding (in the form of messages attached to the software) that any modifications or improvements come in the form of donations. It was during the period 1983-85 that the EMACS commune morphed into the GPL, as Stallman began adding copyrights and appending messages that made explicit what people could do with the software.~{ Various other people seem to have conceived of a similar scheme around the same time (if the Usenet archives are any guide), including Guido Van Rossum (who would later become famous for the creation of the Python scripting language). The following is from Message-ID: 5568@mcvax.uucp: \\ /* This software is copyright (c) Mathematical Centre, Amsterdam, \\ * 1983. \\ * Permission is granted to use and copy this software, but not for * profit, \\ * and provided that these same conditions are imposed on any person \\ * receiving or using the software. \\ */ }~ ={EMACS commune} The GNU project initially received little attention, however; scattered messages to net.unix-wizards over the course of 1983-84 periodically ask about the status and how to contact them, often in the context of discussions of AT&T UNIX licensing practices that were unfolding as UNIX was divested and began to market its own version of UNIX.~{ For example, Message-ID: { 6818@brl-tgr.arpa }http://groups.google.com/groups?selm=6818@brl-tgr.arpa. }~ Stallman’s original plan for GNU was to start with the core operating system, the kernel, but his extensive work on EMACS and the sudden need for a free EMACS for UNIX led him to start with a UNIX version of EMACS. In 1984 and into 1985, he and others began work on a UNIX version of GNU EMACS. The two commercial versions of UNIX EMACS (CCA EMACS and Unipress EMACS) continued to circulate and improve in parallel. DEC users meanwhile used the original free version created by Stallman. And, as often happens, life went on: Zimmerman left CCA in August ,{[pg 193]}, 1984, and Gosling moved to Sun, neither of them remaining closely involved in the software they had created, but leaving the new owners to do so. @@ -2555,7 +2549,7 @@ _1 We anticipate that the phrase "as appropriate to the medium, genre, and marke _1 This sort of deference to community values—think of it as "punting to culture"—is very common in everyday business and contract law. The idea is that when lawyers have trouble defining the specialized terms of certain subcultures, they should get out of the way and let those subcultures work them out. It’s probably not a surprise Creative Commons likes this sort of notion a lot.~{ Message from the cc-sampling mailing list, Glenn Brown, Subject: BACKGROUND: "AS APPROPRIATE TO THE MEDIUM, GENRE, AND MARKET NICHE," 23 May 2003, http://lists.ibiblio.org/pipermail/cc-sampling/2003-May/000004.html. }~ -As in the case of reuse in Connexions, sampling in the music world can imply a number of different, perhaps overlapping, customary meanings of what is acceptable and what is not. For Connexions, the trick was to differentiate the cases wherein collaboration should be encouraged from the cases wherein the legal right to "sample"—to fork or to create a derived work—was the appropriate course of action. For Creative Commons, the very structure of the licenses attempts to capture this distinction as such and to allow for individuals to make determinations about the meaning of sampling themselves.~{ Sampling offers a particularly clear example of how Creative Commons differs from the existing practice and infrastructure of music creation and intellectual-property law. The music industry has actually long recognized the fact of sampling as something musicians do and has attempted to deal with it by making it an explicit economic practice; the music industry thus encourages sampling by facilitating the sale between labels and artists of rights to make a sample. Record companies will negotiate prices, lengths, quality, and quantity of sampling and settle on a price.<br>This practice is set opposite the assumption, also codified in law, that the public has a right to a fair use of copyrighted material without payment or permission. Sampling a piece of music might seem to fall into this category of use, except that one of the tests of fair use is that the use not impact any existing market for such uses, and the fact that the music industry has effectively created a market for the buying and selling of samples means that sampling now routinely falls outside the fair uses codified in the statute, thus removing sampling from the domain of fair use. Creative Commons licenses, on the other hand, say that owners should be able to designate their material as "sample-able," to give permission ahead of time, and by this practice to encourage others to do the same. They give an "honorable" meaning to the practice of sampling for free, rather than the dishonorable one created by the industry. It thus becomes a war over the meaning of norms, in the law-and-economics language of Creative Commons and its founders. }~ +As in the case of reuse in Connexions, sampling in the music world can imply a number of different, perhaps overlapping, customary meanings of what is acceptable and what is not. For Connexions, the trick was to differentiate the cases wherein collaboration should be encouraged from the cases wherein the legal right to "sample"—to fork or to create a derived work—was the appropriate course of action. For Creative Commons, the very structure of the licenses attempts to capture this distinction as such and to allow for individuals to make determinations about the meaning of sampling themselves.~{ Sampling offers a particularly clear example of how Creative Commons differs from the existing practice and infrastructure of music creation and intellectual-property law. The music industry has actually long recognized the fact of sampling as something musicians do and has attempted to deal with it by making it an explicit economic practice; the music industry thus encourages sampling by facilitating the sale between labels and artists of rights to make a sample. Record companies will negotiate prices, lengths, quality, and quantity of sampling and settle on a price. \\ This practice is set opposite the assumption, also codified in law, that the public has a right to a fair use of copyrighted material without payment or permission. Sampling a piece of music might seem to fall into this category of use, except that one of the tests of fair use is that the use not impact any existing market for such uses, and the fact that the music industry has effectively created a market for the buying and selling of samples means that sampling now routinely falls outside the fair uses codified in the statute, thus removing sampling from the domain of fair use. Creative Commons licenses, on the other hand, say that owners should be able to designate their material as "sample-able," to give permission ahead of time, and by this practice to encourage others to do the same. They give an "honorable" meaning to the practice of sampling for free, rather than the dishonorable one created by the industry. It thus becomes a war over the meaning of norms, in the law-and-economics language of Creative Commons and its founders. }~ At stake, then, is the construction of both technologies and legal licenses that, as Brent and Rich would assert, "make it easy for users to do the right thing." The "right thing," however, is precisely what goes unstated: the moral and technical order that guides the design of both licenses and tools. Connexions users are given tools that facilitate citation, acknowledgment, attribution, and certain kinds of reuse instead of tools that privilege anonymity or facilitate proliferation or encourage nonreciprocal collaborations. By the same token, Creative Commons licenses, while legally binding, are created with the aim of changing norms: they promote attribution and citation; they promote fair use and clearly designated uses; they are written to give users flexibility to decide what kinds of things should be allowed and what kinds shouldn’t. Without a doubt, the "right thing" is right for some people and not for others—and it is thus political. But the criteria for what is right are not ,{[pg 300]}, merely political; the criteria are what constitute the affinity of these geeks in the first place, what makes them a recursive public. They see in these instruments the possibility for the creation of authentic publics whose role is to stand outside power, outside markets, and to participate in sovereignty, and through this participation to produce liberty without sacrificing stability. ={Baraniuk, Richard;Hendricks, Brent;affinity (of geeks);fair use;moral and technical order;recursive public} |