[Top][All Lists]
[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
www/philosophy new-monopoly.html philosophy.html
|
From: |
Yavor Doganov |
|
Subject: |
www/philosophy new-monopoly.html philosophy.html |
|
Date: |
Wed, 23 May 2007 19:46:41 +0000 |
CVSROOT: /web/www
Module name: www
Changes by: Yavor Doganov <yavor> 07/05/23 19:46:41
Modified files:
philosophy : new-monopoly.html philosophy.html
Log message:
* new-monopoly.html: Templated and fixed a typo.
* philosophy.html (Laws): Added link to new-monopoly; for historical
reasons.
CVSWeb URLs:
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/new-monopoly.html?cvsroot=www&r1=1.3&r2=1.4
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/philosophy.html?cvsroot=www&r1=1.246&r2=1.247
Patches:
Index: new-monopoly.html
===================================================================
RCS file: /web/www/www/philosophy/new-monopoly.html,v
retrieving revision 1.3
retrieving revision 1.4
diff -u -b -r1.3 -r1.4
--- new-monopoly.html 5 May 2005 19:37:15 -0000 1.3
+++ new-monopoly.html 23 May 2007 19:46:22 -0000 1.4
@@ -1,144 +1,140 @@
-<!DOCTYPE html PUBLIC "-//IETF//DTD HTML 2.0//EN">
-<HTML>
-<HEAD>
-<TITLE>U.S. Congress Threatens to Establish a New Kind of Monopoly - GNU
Project - Free Software Foundation (FSF)</TITLE>
-<LINK REV="made" HREF="mailto:address@hidden";>
-</HEAD>
-<BODY BGCOLOR="#FFFFFF" TEXT="#000000" LINK="#1F00FF" ALINK="#FF0000"
VLINK="#9900DD">
-<H3>U.S. Congress Threatens to Establish a New Kind of Monopoly</H3>
-<P>
-
-<A HREF="/graphics/agnuhead.html"><IMG SRC="/graphics/gnu-head-sm.jpg"
- ALT=" [image of the Head of a GNU] "
- WIDTH="129" HEIGHT="122"></A>
+<!--#include virtual="/server/header.html" -->
+<title>U.S. Congress Threatens to Establish a New Kind of Monopoly - GNU
Project - Free Software Foundation (FSF)</title>
+<!--#include virtual="/server/banner.html" -->
+<h2>U.S. Congress Threatens to Establish a New Kind of Monopoly</h2>
-<P>
+<p>
Companies that want monopoly powers to control public use of the
information we get from data bases are trying to pass a law this year
-in the U.S. -- creating, for the first time, a private monopoly over
-repeating publicly known information. They are using the "good bill,
-bad bill" method; the "bad" bill is HR 354; the "good" bill is HR
-1858.
-<P>
+in the U.S. — creating, for the first time, a private monopoly
+over repeating publicly known information. They are using the
+“good bill, bad bill” method; the “bad” bill
+is HR 354; the “good” bill is HR 1858.</p>
+<p>
This method should be familiar. First, one legislator introduces an
outrageous bill, one that would give a large handout of money or power
to certain special interests and serves no legitimate public purpose.
This inspires a chorus of opposition from other special interests that
-the bill would trample.
-<P>
+the bill would trample.</p>
+<p>
So a second legislator introduces a more cautious bill, more clearly
written, with some safeguards, avoiding some gross abuses, offering a
-smaller handout to a somewhat broader spectrum of special
-interests -- and still diminishing the public treasury or the public's
-freedom.
-<P>
-The second bill is typically praised for its "balanced" approach, and
-interest groups that might oppose the general idea feel obliged to
-support it, to make sure that the even worse first bill won't pass.
-With little opposition remaining, the second bill passes, and society
-takes one step for the worse.
-<P>
+smaller handout to a somewhat broader spectrum of special interests
+— and still diminishing the public treasury or the public's
+freedom.</p>
+<p>
+The second bill is typically praised for its “balanced”
+approach, and interest groups that might oppose the general idea feel
+obliged to support it, to make sure that the even worse first bill
+won't pass. With little opposition remaining, the second bill passes,
+and society takes one step for the worse.</p>
+<p>
A few years later, the first legislator may propose another give-away.
If we keep meeting his sponsors half-way each time, over time they can
-get as much as they like.
-<P>
-This time, the "bad" bill is HR 354, which would effectively allow
-facts to become private property, simply through their inclusion in an
-electronic data base. Even mentioning more than a handful of the
-facts from any data base in a publication would be illegal, unless you
-could get them from some other source -- often impossible, since in many
-cases there is no other ultimate source for a certain kind of fact.
-<P>
+get as much as they like.</p>
+<p>
+This time, the “bad” bill is HR 354, which would
+effectively allow facts to become private property, simply through
+their inclusion in an electronic data base. Even mentioning more than
+a handful of the facts from any data base in a publication would be
+illegal, unless you could get them from some other source —
+often impossible, since in many cases there is no other ultimate
+source for a certain kind of fact.</p>
+<p>
Consider for example the scores of professional sports games. The
score is counted in a computer, whose memory counts as a data base.
Under HR 354, regularly printing scores in a newspaper would become
-illegal.
-<P>
+illegal.</p>
+<p>
HR 354 would probably give Network Solutions a permanent monopoly on
the Internet domain name data base, making any change in the handling
-of top level domains impossible.
-<P>
-Any computer program counts as a data base under HR 354.
-So if the facts about the program's user interface
-and APIs can't be obtained from anywhere else, any compatible
-program would be prohibited. This would be devastating for
-the future of free software.
-<P>
+of top level domains impossible.</p>
+<p>
+Any computer program counts as a data base under HR 354. So if the
+facts about the program's user interface and APIs can't be obtained
+from anywhere else, any compatible program would be prohibited. This
+would be devastating for the future of free software.</p>
+<p>
Ominously, many collections of public records, maintained by companies
-on contract to governments, would become property of those companies.
-<P>
+on contract to governments, would become property of those
+companies.</p>
+<p>
And West Publishing Company would regain its effective monopoly over
the data needed to file a legal brief in much of the U.S. West
maintains a data base of court decisions, and some courts require
briefs to cite these decisions using page numbers as they appear in
-West's data base.
-<P>
+West's data base.</p>
+<p>
West, seeking to prevent the necessary information from being
available other than through their expensive service, used to claim
that the pagination and page numbers were copyrighted, but a Federal
court ruled against them. The court said that these page numbers
don't result from creativity, so they are not copyrightable. But they
are indubitably a data base, so HR 354 would prohibit anyone else from
-providing this data to the public -- thus granting West a permanent
-monopoly on the law itself.
-<P>
+providing this data to the public — thus granting West a
+permanent monopoly on the law itself.</p>
+<p>
HR 354 would also interfere with scientific research, genealogical
research, publication of stock prices, and many other areas of life
and work. So it's no wonder that it has generated strong opposition.
The Supreme Court might reject the bill as unconstitutional, but no
-one wants to rely on this. Hence HR 1858 -- this year's "good" bill.
-<P>
+one wants to rely on this. Hence HR 1858 — this year's
+“good” bill.</p>
+<p>
HR 1858 explicitly avoids most of the outrageous problems. It
establishes a narrower kind of monopoly, permitting use of the facts
in a different kind of data base, or in anything other than an
-electronic data base.
-<P>
+electronic data base.</p>
+<p>
Thus, you'll still be able to print game scores in an article, because
an article doesn't count as a data base. A program is not a data base
either, under HR 1858, so it will not create a new obstacle to writing
-compatible software.
-<P>
+compatible software.</p>
+<p>
HR 1858 also excludes data bases for running the Internet. (But not
the data bases that may some day be used for running future worldwide
systems, even if they are just as important as the Internet is today.)
It excludes data bases made by or for the Federal government. (But,
by default, it doesn't exclude those made by or for state
-governments; this is a substantial loophole in HR 1858.)
-<P>
-A wide range of organizations are supporting HP 1858 -- including many
-universities and professional organizations. Some of the letters of
-support show a clear desire for some kind of monopoly power.
-<P>
-HR 1858 is much less harmful than HR 354 -- if we have to choose between
-the two, we should prefer HR 1858. But should we have to choose
-between a big loss of freedom and a smaller one?
-<P>
+governments; this is a substantial loophole in HR 1858.)</p>
+<p>
+A wide range of organizations are supporting HP 1858 — including
+many universities and professional organizations. Some of the letters
+of support show a clear desire for some kind of monopoly power.</p>
+<p>
+HR 1858 is much less harmful than HR 354 — if we have to choose
+between the two, we should prefer HR 1858. But should we have to
+choose between a big loss of freedom and a smaller one?</p>
+<p>
The advocates of these laws offer a reason, of course, for their
proposal to limit our freedom. They say that nobody will maintain
data bases without a monopoly over the contents. They have no
specific evidence for this claim; it is based on an article of faith:
a general assumption that nobody will do anything without a monopoly
-over the results.
-<P>
-Just a few years ago, people said the same thing about software -- that
-nobody would write programs without having a monopoly on them. The
-Free Software movement has proved that this is not true, and in the
-process, we have refuted that general assumption. Selfishness is not
-the whole of human nature. One kind of intellectual work, at least,
-CAN be done without a monopoly on the results.
-<P>
+over the results.</p>
+<p>
+Just a few years ago, people said the same thing about software
+— that nobody would write programs without having a monopoly on
+them. The Free Software movement has proved that this is not true,
+and in the process, we have refuted that general assumption.
+Selfishness is not the whole of human nature. One kind of
+intellectual work, at least, CAN be done without a monopoly on the
+results.</p>
+<p>
But data bases are not software. Will anyone develop data bases
-without a data base monopoly law?
-<P>
-We know they will -- because they already do. Many electronic data
-bases are available now, and the number is increasing, not decreasing.
-And many kinds of data base are byproducts or even preconditions of
-other activities that people do for other reasons.
-<P>
+without a data base monopoly law?</p>
+<p>
+We know they will — because they already do. Many electronic
+data bases are available now, and the number is increasing, not
+decreasing. And many kinds of data base are byproducts or even
+preconditions of other activities that people do for other
+reasons.</p>
+<p>
The data base companies can't deny this, so they threaten us with
-future uncertainty. "Maybe we do this today, but ten years from now
-nobody will do it any more, unless you give us special privilege."
-<P>
+future uncertainty. “Maybe we do this today, but ten years from
+now nobody will do it any more, unless you give us special
+privilege.”</p>
+<p>
We don't know what will happen in ten years; neither do they. The
economic situation of the Internet is changing rapidly, and no one
knows where it is going. Perhaps, in 2009, commercial data bases will
@@ -146,38 +142,39 @@
Perhaps networks of volunteers will maintain all the data bases anyone
might want. Perhaps advertising will provide a comfortable source of
revenue to any company that maintains a data base; perhaps a much
-weaker law saying "If you redistribute our data base, you must
-redistribute our ads too" would serve their interests almost as well.
-Nobody knows.
-<P>
+weaker law saying “If you redistribute our data base, you must
+redistribute our ads too” would serve their interests almost as
+well. Nobody knows.</p>
+<p>
What we do know is that things will change; if a data base law is
passed this year, it will be obsolete a few years from now. But any
attempt to abolish it will be opposed by the data base companies,
which will protect thir privileges by predicting the sky would fall
-without them. They will say: "We exist, so the law must be working."
-<P>
+without them. They will say: “We exist, so the law must be
+working.”</p>
+<p>
It is folly, or worse, to lock in a restrictive policy this year, to
solve a problem whose existence is just speculation. A data base
monopoly will take away your freedom, it's a surrender to special
interests, it's hasty, and there is no clear public need for it. We
should instead let the Internet mature, and see what problems really
-need to be solved.
-<P>
+need to be solved.</p>
+<p>
So if you are a U.S. voter, write your Congressman now. Say that if he
or she has a chance to vote on whether the data base bill should be
like HR 354 or HR 1858, to choose HR 1858. But then say, when the
data base legislation ultimately comes up for a vote, to vote against
-it, whatever it says.
-<P>
+it, whatever it says.</p>
+<p>
I've written a sample letter that you can use, but remember that your
letter will carry more weight if you write in your own words. Send
your letter on paper; e-mail does not impress legislators, because they
know how easy it is to send. Be polite, but not timid, and try to
keep it under 20 lines. Please email your letter to
address@hidden also.
-<P>
+<a href="mailto:address@hidden";><address@hidden></a>
+also.</p>
-<PRE>
+<pre>
Dear Representative So-and-so
@@ -199,43 +196,72 @@
Sincerely,
Jane Q. Public
-</PRE>
-<P>
-There exists a <A HREF="http://www.senate.gov/senators/senator_by_state.cfm";>
-list of senators</A> and a service to <A HREF="http://www.house.gov/writerep/";>
-assist you in writing</A> to representativt in the U.S. Congress.
-<P>
-<HR>
-
-<H4><A HREF="/philosophy/philosophy.html">Other Texts to Read</A></H4>
-
-<HR>
-
-Return to <A HREF="/home.html">GNU's home page</A>.
-<P>
-
-Please send FSF & GNU inquiries & questions to
-
-<A HREF="mailto:address@hidden";><EM>address@hidden</EM></A>.
-There are also <A HREF="/home.html#ContactInfo">other ways to
-contact</A> the FSF.
-<P>
-
-Please send comments on these web pages to
-
-<A HREF="mailto:address@hidden";><EM>address@hidden</EM></A>,
-send other questions to
-<A HREF="mailto:address@hidden";><EM>address@hidden</EM></A>.
-<P>
-Copyright (C) 1999 Free Software Foundation, Inc.,
-51 Franklin St, Fifth Floor, Boston, MA 02110, USA
-<P>
-Verbatim copying and distribution of this entire article is
-permitted in any medium, provided this notice is preserved.<P>
+</pre>
+<p>
+There exists a <a href="http://www.senate.gov/senators/senator_by_state.cfm";>
+list of senators</a> and a service to <a href="http://www.house.gov/writerep/";>
+assist you in writing</a> to representative in the U.S. Congress.</p>
+
+</div>
+
+<!--#include virtual="/server/footer.html" -->
+<div id="footer">
+
+<p>
+Please send FSF & GNU inquiries to
+<a href="mailto:address@hidden";><em>address@hidden</em></a>.
+There are also <a href="/contact/">other ways to contact</a>
+the FSF.
+<br />
+Please send broken links and other corrections or suggestions to
+<a href="mailto:address@hidden";><em>address@hidden</em></a>.
+</p>
+
+<p>
+Please see the
+<a href="/server/standards/README.translations">Translations
+README</a> for information on coordinating and submitting
+translations of this article.
+</p>
+
+<p>
+Copyright © 1999, 2007 Free Software Foundation, Inc.,
+</p>
+<address>51 Franklin St, Fifth Floor, Boston, MA 02110, USA</address>
+<p>Verbatim copying and distribution of this entire article is
+permitted in any medium, provided this notice is preserved.
+</p>
+
+<p>
Updated:
<!-- timestamp start -->
-$Date: 2005/05/05 19:37:15 $ $Author: novalis $
+$Date: 2007/05/23 19:46:22 $
<!-- timestamp end -->
-<HR>
-</BODY>
-</HTML>
+</p>
+</div>
+
+<div id="translations">
+<h4>Translations of this page</h4>
+
+<!-- Please keep this list alphabetical. -->
+<!-- Comment what the language is for each type, i.e. de is German. -->
+<!-- Write the language name in its own language (Deutsch) in the text. -->
+<!-- If you add a new language here, please -->
+<!-- advise address@hidden and add it to -->
+<!-- - /home/www/bin/nightly-vars either TAGSLANG or WEBLANG -->
+<!-- - /home/www/html/server/standards/README.translations.html -->
+<!-- - one of the lists under the section "Translations Underway" -->
+<!-- - if there is a translation team, you also have to add an alias -->
+<!-- to mail.gnu.org:/com/mailer/aliases -->
+<!-- Please also check you have the 2 letter language code right, cf. -->
+<!-- <URL:http://www.w3.org/WAI/ER/IG/ert/iso639.htm> -->
+<!-- Please use W3C normative character entities. -->
+
+<ul class="translations-list">
+<!-- English -->
+<li><a href="/philosophy/new-monopoly.html">English</a> [en]</li>
+</ul>
+</div>
+</div>
+</body>
+</html>
Index: philosophy.html
===================================================================
RCS file: /web/www/www/philosophy/philosophy.html,v
retrieving revision 1.246
retrieving revision 1.247
diff -u -b -r1.246 -r1.247
--- philosophy.html 21 May 2007 23:35:27 -0000 1.246
+++ philosophy.html 23 May 2007 19:46:23 -0000 1.247
@@ -210,6 +210,11 @@
to Proposed Revised Final Judgment in Microsoft vs. United States,
submitted to the US Department of Justice under the Tunney Act</a>.</li>
+ <li><a href="philosophy/new-monopoly.html">U.S. Congress Threatens to
+ Establish a New Kind of Monopoly</a>, an attempt of the Congress to
+ create a private monopoly over repeating publicly known
+ information.</li>
+
<li>In <a
href="http://www.eff.org/IP/DMCA/Felten_v_RIAA/20010606_eff_felten_pr.html";>Felten
v. RIAA</a>, scientists are asking a court to rule that the Digital
Millennium Copyright Act (DMCA) does not prohibit them from publishing
@@ -959,7 +964,7 @@
<p>
Updated:
<!-- timestamp start -->
-$Date: 2007/05/21 23:35:27 $
+$Date: 2007/05/23 19:46:23 $
<!-- timestamp end -->
</p>
</div>
| [Prev in Thread] |
Current Thread |
[Next in Thread] |
- www/philosophy new-monopoly.html philosophy.html,
Yavor Doganov <=