www/philosophy no-word-attachments.ru.html po/m...

[Yavor Doganov]

CVSROOT:        /web/www
Module name:    www
Changes by:     Yavor Doganov <yavor>   08/07/04 20:25:55

Added files:
        philosophy     : no-word-attachments.ru.html 
        philosophy/po  : misinterpreting-copyright.pot 
                         moglen-harvard-speech-2004.pot motif.pot 

Log message:
        Automatic update by GNUnited Nations.

CVSWeb URLs:
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/no-word-attachments.ru.html?cvsroot=www&rev=1.1
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/po/misinterpreting-copyright.pot?cvsroot=www&rev=1.1
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/po/moglen-harvard-speech-2004.pot?cvsroot=www&rev=1.1
http://web.cvs.savannah.gnu.org/viewcvs/www/philosophy/po/motif.pot?cvsroot=www&rev=1.1

Patches:
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+<!--#include virtual="/server/header.ru.html" -->
+
+<!-- This file is automatically generated by GNUnited Nations! -->
+<title>Мы можем положить конец вложениям Word - 
Проект GNU - Фонд свободного ПО 
+(FSF)</title>
+<meta http-equiv="keywords" content="ГНУ, Фонд свободного 
программного обеспечения, Линукс, 
стандартная, 
+общественная,
+лицензия, стандартная общественная 
лицензия, свобода, программное 
+обеспечение,
+способность, права, вложение, вложение word, 
майкрософт, GNU, FSF, Free 
+Software
+Foundation, Linux, general, public, license, gpl, general public license, 
+freedom,
+software, power, rights, word, attachment, word attachment, microsoft" />
+<meta http-equiv="description" content="Эта заметка 
объясняет, почему вложения в формате Microsoft 
Word в
+электронные письма - это плохо, и 
описывает, что вы можете сделать,
+чтобы помочь остановить эту практику." />
+
+<!--#include virtual="/server/banner.ru.html" -->
+   
+<h2>Мы можем положить конец вложениям Word</h2>
+
+<p><strong>Ричард М. Столлман</strong>
+</p>
+
+<p>
+Вы ведь ненавидите получать документы Word в 
почтовых сообщениях?
+Вложения Word раздражают, но хуже то, что они 
препятствуют людям в
+переходе на свободное ПО. Возможно, мы 
можем остановить эту практику
+простым объединением усилий. Все, что нам 
надо сделать - это попросить
+каждого человека, который посылает нам 
файл Word, пересмотреть
+такую практику.</p>
+
+<p>
+Большинство компьютерных пользователей 
используют Microsoft Word.
+Что не очень хорошо для них, поскольку Word - 
проприетарное программное
+обеспечение, не позволяющее своим 
пользователям свободно изучать, менять,
+копировать и распространять его. И 
поскольку Майкрософт меняет формат
+файла Word с каждой версией, пользователи 
заключены в систему, которая
+заставляет их покупать каждое новое 
обновление, неважно, хотят ли они этого
+или нет. Они могут даже обнаружить, через 
несколько лет, что документы Word,
+которые они пишут в этом году, не могут 
более быть прочитаны той версией 
+Word,
+которую они будут использовать.</p>
+
+<p>
+Но это вредит также и нам, когда они 
подразумевают, что мы используем Word и
+посылают нам (или требуют, чтобы мы 
посылали им) документы в формате Word.
+Некоторые публикуют или посылают 
документы в формате Word.
+Некоторые организации принимают только 
файлы в формате Word: кое-кто,
+кого я знаю, не мог устроиться на работу, 
потому что резюме должно было быть
+файлом Word. Даже правительства иногда 
навязывают формат Word 
+общественности,
+что поистине возмутительно.</p>
+
+<p>
+Для нас, пользователей свободных 
операционных систем, получение документов
+Word - неудобство. Но наихудшее следствие 
посылки файлов в формате
+Word - для людей, которые могут перейти на 
свободные системы: они не 
+решаются,
+поскольку чувствуют, что им нужен Word, чтобы 
читать файлы Word, которые они
+получают. Практика использования 
секретного формата Word для обмена мешает 
+росту
+нашего сообщества и распространению 
свободы. Если мы и отмечаем мимолетное
+раздражение от получения документа Word, 
этот постоянный и настойчивый вред
+нашему сообществу нам обычно незаметен. Но 
это происходит каждый день.</p>
+
+<p>
+Многие пользователи GNU, получающие 
документы Word, пытаются найти способ
+с ними справиться. У вас может получиться 
найти запутанный ASCII-текст,
+просматривая файл. Свободное программное 
обеспечение сегодня может прочитать
+некоторые документы Word, но не все - формат 
держится в секрете и не до
+конца расшифрован. Еще хуже, Майкрософт 
может поменять его в любое время.
+Хуже всего, так уже происходило.</p>
+
+<p>
+Microsoft Office 2007 использует патентованный 
формат OOXML по умолчанию.
+(Это тот самый, который Майкрософт 
пытается сделать стандартом ISO,
+используя свои возможности для 
лоббирования государственных организаций
+по стандартам.) Майкрософт предлагает 
безвозмездную патентную лицензию на 
+OOXML
+на условиях, не допускающих свободных 
реализаций. Скоро мы будем получать 
+файлы
+Word в формате, которые свободным программам 
будет не разрешено читать.</p>
+
+<p>
+Если вы думаете, что документ, который вы 
получили - единичное явление,
+то естественно пытаться с этим справиться 
своими силами. Но когда вы видите,
+что это проявление пагубной 
систематической практики, то требуется 
другой 
+подход.
+Пытаться прочитать файл - это лечить 
симптом хронической болезни.
+Чтобы излечить болезнь, мы должны убедить 
людей не посылать документы Word.</p>
+
+<p>
+Итак, я использую в ответе на вложения Word 
вежливое сообщение, объясняющее,
+почему практика посылания файлов Word - это 
плохо, и прошу переслать 
+материал
+в несекретном формате. Это гораздо меньше 
работы, чем пытаться разобрать
+запрятанный ASCII-текст в файле Word. И я нах
ожу, что люди обычно понимают,
+в чем дело, и многие говорят, что посылать 
файлы Word больше никому не 
+будут.</p>
+
+<p>
+Если мы все будем так поступать, эффект 
будет гораздо больше. Те, кто не 
+внимает
+одной вежливой просьбы, могут изменить 
практику, когда получат несколько 
+вежливых
+просьб от разных людей. Возможно, у нас 
получится дать &ldquo;Не посылайте 
+формат
+Word&rdquo; статус сетикета (netiquette), если мы 
начнем систематически 
+напоминать
+об этом каждому, кто посылает нам файлы 
Word.</p>
+
+<p>
+Чтобы это усилие было эффективным, вам, 
возможно, потребуется создать шаблон
+ответа, который можно быстро посылать 
каждый раз, когда необходимо.
+Я включил два примера: версию, которую я 
сам использовал, и следом новую,
+которая учит пользователя Word 
преобразовывать отсылаемые документы
+в другие полезные форматы. И после - 
несколько предложений,
+присланных другими.</p>
+
+<p>
+Вы можете использовать эти ответы 
дословно, если хотите, или изменить под
+свои нужды, или написать свои собственные. 
Обязательно создайте ответ,
+который соответствует вашим идеям и вашей 
личности &mdash; если ответы
+индивидуальны и не одинаковы, это сделает 
кампанию более эффективной.</p>
+
+<p>
+Эти ответы предназначены тем частным 
лицам, кто посылает файлы Word.
+Когда вы обнаруживаете организацию, 
которая навязывает формат Word,
+требуется другой ответ; здесь можно 
упомянуть про честность, что неприменимо
+в ответ на действия одного лица.</p>
+
+<p>
+Некоторые компании по подбору персонала 
требуют резюме в формате Word.
+Удивительно, что некоторые делают это даже 
при поиске людей на работу по
+свободному ПО. (Тот, кто использует 
подобные компании для данной цели,
+едва ли найдет кого-то компетентного.) 
Чтобы помочь изменить эту практику,
+можете вставить ссылку на эту страницу в 
свое резюме, вслед за ссылками на
+другие форматы резюме. Любой охотящийся за 
версией Word резюме, возможно,
+прочитает эту страницу.</p>
+
+<p>
+Нас много, и просто попросив, мы можем 
что-то изменить.</p>
+
+<hr />
+
+<p>
+<em>Вы послали вложение в формате Microsoft Word, 
секретном проприетарном
+формате, поэтому я не могу его прочитать. 
Если вы пошлете мне простой текст,
+HTML или PDF, тогда я смогу его прочитать.</em></p>
+
+<p>
+<em>Посылка кому-то документов в формате Word 
имеет плохие последствия,
+поскольку эта практика вынуждает его 
использовать программное обеспечение
+Майкрософт. В сущности, вы поддерживаете 
монополию Майкрософт. Данная
+проблема - большое препятствие на пути 
более широкого использования
+GNU/Linux. Не пересмотрите ли вы практику 
использования формата Word
+для общения с другими людьми?</em></p>
+
+<hr />
+
+<p>
+<em>Вы послали вложение в формате Microsoft Word, 
секретном проприетарном
+формате, поэтому мне тяжело его прочитать. 
Если вы пошлете мне простой 
+текст,
+HTML или PDF, тогда я его прочитаю.</em></p>
+
+<p>
+<em>Распространение документов в формате Word 
плохо для вас и для других.
+Вы не можете знать, как они будут 
выглядеть, если кто-то просмотрит их с
+помощью другой версии Word; они могут вообще 
не работать.</em></p>
+
+<p>
+<em>Принимать вложения Word плохо для вас 
из-за того, что они могут 
+содержать
+вирусы (см. http://en.wikipedia.org/wiki/Macro_virus). 
Посылать вложения 
+Word
+плохо для вас из-за того, что документ Word 
обычно включает скрытую 
+информацию
+об авторе, позволяющую тем, кто 
разбирается, вмешиваться в деятельность 
+автора
+(возможно, вашу). Текст, который вы думаете, 
что удалили, может досадным 
+образом
+присутствовать. См.
+http://news.bbc.co.uk/2/hi/technology/3154479.stm для более 
подробной 
+информации.
+</em></p>
+
+<p>
+<em>Но превыше всего, посылка документов Word 
вынуждает людей использовать
+программное обеспечение Майкрософт и 
лишает их любого другого выбора.
+В сущности, вы поддерживаете монополию 
Майкрософт. Данная проблема - большое
+препятствие на пути более широкого 
принятия свободного программного 
+обеспечения.
+Не пересмотрите ли вы практику 
использования формата Word для общения с
+другими людьми?</em></p>
+
+<p>
+<em>Преобразование файла в формат HTML с 
использованием Word - просто.
+Откройте документ, щелкните Файл, Сох
ранить как, и в выпадающем списке внизу
+выберите Документ HTML или Веб-страница. 
Потом выберите Сохранить.
+После чего вы можете вложить новый 
документ HTML вместо документа Word.
+Заметим, что Word изменяется 
непоследовательно &mdash; если вы видите
+несколько другие названия пунктов меню, 
пожалуйста, попробуйте их.</em></p>
+
+<p>
+<em>Чтобы преобразовать в простой текст - 
необходимо мделать почти то же
+самое. Вместо Документ HTML выберите Обычный 
текст или Текстовый Документ
+в качестве Типа сохранения.</em></p>
+
+<p>
+<em>На вашем компьютере также может быть 
программа для преобразования в 
+формат
+pdf. Выберите Файл => Печать. Пролистайте 
доступные принтеры и выберите
+pdf converter. Щелкните по кнопке Печать и когда 
попросят введите имя
+для файла pdf.</em></p>
+
+<hr />
+
+<p>
+Есть и другой подход, предложенный Бобом 
Часселом (Bob Chassell).
+Требуется отредактировать текст для 
конкретного случая, и подразумевается,
+что у вас есть способ извлечь содержимое и 
посмотреть его длину.</p>
+
+<hr />
+
+<p>
+<em>Я в недоумении. Почему вы решили послать 
мне 876,377 байт
+в вашем сообщении, тогда как содержимое 
занимает только 27,133 байта?</em></p>
+
+<p>
+<em>Вы послали мне пять файлов в 
нестандартном, раздутом формате .doc,
+который является секретом Майкрософт, а не 
в международном, общедоступном и
+более эффективном формате обычного 
текста.</em></p>
+
+<p>
+<em>Майкрософт может (и недавно так сделал в 
Кении и Бразилии) заставить
+местную полицию принуждать к выполнению 
законов, запрещающих студентам
+изучать код, запрещающих предпринимателям 
создавать новые компании,
+и запрещающих профессионалам предлагать 
свои услуги. Пожалуйста,
+не оказывайте им свою поддержку.</em></p>
+
+<hr />
+
+<p>
+Джон Д. Рамсдел (John D. Ramsdell) предлагает 
отговаривать от
+использования вложений Microsoft Word и PowerPoint 
путем добавления
+маленького сообщения в файл <kbd>.signature</kbd>:</p>
+
+<hr />
+
+<p>
+<em>Пожалуйста, избегайте посылать мне 
вложения Word или PowerPoint.<br />
+См. http://www.gnu.org/philosophy/no-word-attachments.ru.html</em></p>
+
+<hr />
+
+<p>
+<a href="/philosophy/papadopoulos-response.html">Вот письмо</a> 
Александроса 
+Пападопулоса
+(Alexandros Papadopoulos) в ответ на сообщение с 
вложением Word.</p>
+
+<hr />
+
+<p>
+Кевин Коли (Kevin Cole) из Университета Галлоде 
(Gallaudet University)
+в Вашингтоне, округ Колумбия (Washington, DC)
+<a href="/philosophy/kevin-cole-response.html">посылает этот 
автоматический
+ответ</a>, когда получает вложение Word. (Я 
считаю, что лучше посылать
+ответы вручную, и чтобы это было очевидно, 
тогда люди воспримут это лучше.)</p>
+<hr />
+
+<p>
+Отец Мартин Сильвестер (Martin Sylvester) 
предлагает
+<a href="/philosophy/sylvester-response.html">более 
развернутый ответ</a>,
+в котором добавляется идея, что невежливо 
посылать вложения Word кому-то,
+не зная, смогут ли они это прочитать.</p>
+
+
+<div style="font-size: small;">
+
+<!--TRANSLATORS: Use space (SPC) as msgstr if you don't have notes.-->
+ </div>
+</div>
+
+<!--#include virtual="/server/footer.ru.html" -->
+
+<div id="footer">
+<p>
+Пожалуйста, посылайте вопросы о FSF и 
проекте GNU на
+<a href="mailto:address@hidden";><em>address@hidden</em></a>.
+Также есть <a href="/contact/">другие способы 
связаться</a> с FSF.<br />
+Битые ссылки и другие изменения и 
предложения, пожалуйста,
+присылайте на <a href="mailto:address@hidden";><em>address@hidden
+</p>
+
+<p>
+Получить информацию об организации 
процесса перевода и о том как предложить
+ваши переводы статей вы можете на 
страницах
+<a href="/server/standards/README.translations.html">документации 
по 
+переводам</a>.<
+</p>
+
+<p>
+Copyright &copy; 2002, 2007 Richard M. Stallman <br /> Разрешается 
дословное
+копирование и распространение этой статьи 
целиком, без каких-либо гонораров,
+на любом носителе, при условии сохранения 
этого замечания.
+</p>
+
+
+<div class="translators-credits">
+
+<!--TRANSLATORS: Use space (SPC) as msgstr if you don't want credits.-->
+ </div>
+ <p>
+<!-- timestamp start -->
+Обновлено
+
+$Date: 2008/07/04 20:25:32 $
+
+<!-- timestamp end -->
+</p>
+</div>
+
+<!-- All pages on the GNU web server should have the section about    
+ verbatim copying.  Please do NOT remove this without talking     
+ with the webmasters first. 
+ Please make sure the copyright date is consistent with the document 
+ and that it is like this "2001, 2002" not this "2001-2002." -->
+<div id="translations">
+<h4>Эта страница на других языках</h4>
+
+<!-- Please keep this list alphabetical, and in the original 
+ language if possible, otherwise default to English 
+ If you do not have it English, please comment what the 
+ English is.  If you add a new language here, please 
+ advise address@hidden and add it to 
+    - in /home/www/bin/nightly-vars either TAGSLANG or WEBLANG 
+    - in /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 versus 
+     http://www.w3.org/WAI/ER/IG/ert/iso639.htm -->
+<ul class="translations-list">
+<!-- Bosnian -->
+<li><a 
href="/philosophy/no-word-attachments.bs.html">Bosanski</a>&nbsp;[bs]</li>
+<!-- Czech -->
+<li><a 
href="/philosophy/no-word-attachments.cs.html">&#x010c;esky</a>&nbsp;[cs]</li>
+<!-- Danish -->
+<li><a href="/philosophy/no-word-attachments.da.html">Dansk</a>&nbsp;[da]</li>
+<!-- German -->
+<li><a 
href="/philosophy/no-word-attachments.de.html">Deutsch</a>&nbsp;[de]</li>
+<!-- English -->
+<li><a href="/philosophy/no-word-attachments.html">English</a>&nbsp;[en]</li>
+<!-- Spanish -->
+<li><a 
href="/philosophy/no-word-attachments.es.html">Espa&#x00f1;ol</a>&nbsp;[es]</li>
+<!-- French -->
+<li><a 
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Index: po/misinterpreting-copyright.pot
===================================================================
RCS file: po/misinterpreting-copyright.pot
diff -N po/misinterpreting-copyright.pot
--- /dev/null   1 Jan 1970 00:00:00 -0000
+++ po/misinterpreting-copyright.pot    4 Jul 2008 20:25:49 -0000       1.1
@@ -0,0 +1,965 @@
+# SOME DESCRIPTIVE TITLE
+# Copyright (C) YEAR Free Software Foundation, Inc.
+# This file is distributed under the same license as the PACKAGE package.
+# FIRST AUTHOR <address@hidden>, YEAR.
+#
+#, fuzzy
+msgid ""
+msgstr ""
+"Project-Id-Version: PACKAGE VERSION\n"
+"POT-Creation-Date: 2008-07-04 16:25-0400\n"
+"PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n"
+"Last-Translator: FULL NAME <address@hidden>\n"
+"Language-Team: LANGUAGE <address@hidden>\n"
+"MIME-Version: 1.0\n"
+"Content-Type: text/plain; charset=CHARSET\n"
+"Content-Transfer-Encoding: ENCODING"
+
+# type: Content of: <title>
+#: ../../philosophy/po/misinterpreting-copyright.proto:3
+msgid "Misinterpreting Copyright - GNU Project - Free Software Foundation 
(FSF)"
+msgstr ""
+
+# type: Content of: <h2>
+#: ../../philosophy/po/misinterpreting-copyright.proto:5
+msgid "Misinterpreting Copyright"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:15
+msgid "by <a href=\"http://stallman.org/\";><strong>Richard 
Stallman</strong></a>"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:18
+msgid ""
+"Something strange and dangerous is happening in copyright law.  Under the "
+"U.S. Constitution, copyright exists to benefit users &mdash; those who read "
+"books, listen to music, watch movies, or run software &mdash; not for the "
+"sake of publishers or authors.  Yet even as people tend increasingly to "
+"reject and disobey the copyright restrictions imposed on them &ldquo;for "
+"their own benefit,&rdquo; the U.S. government is adding more restrictions, "
+"and trying to frighten the public into obedience with harsh new penalties."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:27
+msgid ""
+"How did copyright policies come to be diametrically opposed to their stated "
+"purpose? And how can we bring them back into alignment with that purpose? To "
+"understand, we should start by looking at the root of United States "
+"copyright law: the U.S. Constitution."
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:32
+msgid "Copyright in the U.S. Constitution"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:34
+msgid ""
+"When the U.S. Constitution was drafted, the idea that authors were entitled "
+"to a copyright monopoly was proposed &mdash; and rejected.  The founders of "
+"our country adopted a different premise, that copyright is not a natural "
+"right of authors, but an artificial concession made to them for the sake of "
+"progress.  The Constitution gives permission for a copyright system with "
+"this paragraph (Article I, Section 8):"
+msgstr ""
+
+# type: Content of: <blockquote><p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:42
+msgid ""
+"[Congress shall have the power] to promote the progress of science and the "
+"useful arts, by securing for limited times to authors and inventors the "
+"exclusive right to their respective writings and discoveries."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:47
+msgid ""
+"The Supreme Court has repeatedly affirmed that promoting progress means "
+"benefit for the users of copyrighted works.  For example, in Fox Film "
+"v. Doyal, the court said,"
+msgstr ""
+
+# type: Content of: <blockquote><p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:51
+msgid ""
+"The sole interest of the United States and the primary object in conferring "
+"the [copyright] monopoly lie in the general benefits derived by the public "
+"from the labors of authors."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:56
+msgid ""
+"This fundamental decision explains why copyright is not <b>required</b> by "
+"the Constitution, only <b>permitted</b> as an option &mdash; and why it is "
+"supposed to last for &ldquo;limited times.&rdquo; If copyright were a "
+"natural right, something that authors have because they deserve it, nothing "
+"could justify terminating this right after a certain period of time, any "
+"more than everyone's house should become public property after a certain "
+"lapse of time from its construction."
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:65
+msgid "The &ldquo;copyright bargain&rdquo;"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:67
+msgid ""
+"The copyright system works by providing privileges and thus benefits to "
+"publishers and authors; but it does not do this for their sake.  Rather, it "
+"does this to modify their behavior: to provide an incentive for authors to "
+"write more and publish more.  In effect, the government spends the public's "
+"natural rights, on the public's behalf, as part of a deal to bring the "
+"public more published works.  Legal scholars call this concept the "
+"&ldquo;copyright bargain.&rdquo; It is like a government purchase of a "
+"highway or an airplane using taxpayer's money, except that the government "
+"spends our freedom instead of our money."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:78
+msgid ""
+"But is the bargain as it exists actually a good deal for the public? Many "
+"alternative bargains are possible; which one is best? Every issue of "
+"copyright policy is part of this question.  If we misunderstand the nature "
+"of the question, we will tend to decide the issues badly."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:84
+msgid ""
+"The Constitution authorizes granting copyright powers to authors.  In "
+"practice, authors typically cede them to publishers; it is usually the "
+"publishers, not the authors, who exercise these powers and get most of the "
+"benefits, though authors may get a small portion.  Thus it is usually the "
+"publishers that lobby to increase copyright powers.  To better reflect the "
+"reality of copyright rather than the myth, this article refers to publishers "
+"rather than authors as the holders of copyright powers.  It also refers to "
+"the users of copyrighted works as &ldquo;readers,&rdquo; even though using "
+"them does not always mean reading, because &ldquo;the users&rdquo; is remote "
+"and abstract."
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:95
+msgid "The first error: &ldquo;striking a balance&rdquo;"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:97
+msgid ""
+"The copyright bargain places the public first: benefit for the reading "
+"public is an end in itself; benefits (if any) for publishers are just a "
+"means toward that end.  Readers' interests and publishers' interests are "
+"qualitatively unequal in priority.  The first step in misinterpreting the "
+"purpose of copyright is the elevation of the publishers to the same level of "
+"importance as the readers."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:104
+msgid ""
+"It is often said that U.S. copyright law is meant to &ldquo;strike a "
+"balance&rdquo; between the interests of publishers and readers.  Those who "
+"cite this interpretation present it as a restatement of the basic position "
+"stated in the Constitution; in other words, it is supposed to be equivalent "
+"to the copyright bargain."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:110
+msgid ""
+"But the two interpretations are far from equivalent; they are different "
+"conceptually, and different in their implications.  The balance concept "
+"assumes that the readers' and publishers' interests differ in importance "
+"only quantitatively, in &ldquo;how much weight&rdquo; we should give them, "
+"and in what actions they apply to.  The term &ldquo;stakeholders&rdquo; is "
+"often used to frame the issue in this way; it assumes that all kinds of "
+"interest in a policy decision are equally important.  This view rejects the "
+"qualitative distinction between the readers' and publishers' interests which "
+"is at the root of the government's participation in the copyright bargain."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:122
+msgid ""
+"The consequences of this alteration are far-reaching, because the great "
+"protection for the public in the copyright bargain &mdash; the idea that "
+"copyright privileges can be justified only in the name of the readers, never "
+"in the name of the publishers &mdash; is discarded by the "
+"&ldquo;balance&rdquo; interpretation.  Since the interest of the publishers "
+"is regarded as an end in itself, it can justify copyright privileges; in "
+"other words, the &ldquo;balance&rdquo; concept says that privileges can be "
+"justified in the name of someone other than the public."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:132
+msgid ""
+"As a practical matter, the consequence of the &ldquo;balance&rdquo; concept "
+"is to reverse the burden of justification for changes in copyright law.  The "
+"copyright bargain places the burden on the publishers to convince the "
+"readers to cede certain freedoms.  The concept of balance reverses this "
+"burden, practically speaking, because there is generally no doubt that "
+"publishers will benefit from additional privilege.  So unless harm to the "
+"readers can be proved, sufficient to &ldquo;outweigh&rdquo; this benefit, we "
+"are led to conclude that the publishers are entitled to almost any privilege "
+"they request."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:143
+msgid ""
+"Since the idea of &ldquo;striking a balance&rdquo; between publishers and "
+"readers denies the readers the primacy they are entitled to, we must reject "
+"it."
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:147
+msgid "Balancing against what?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:149
+msgid ""
+"When the government buys something for the public, it acts on behalf of the "
+"public; its responsibility is to obtain the best possible deal &mdash; best "
+"for the public, not for the other party in the agreement."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:154
+msgid ""
+"For example, when signing contracts with construction companies to build "
+"highways, the government aims to spend as little as possible of the public's "
+"money.  Government agencies use competitive bidding to push the price down."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:159
+msgid ""
+"As a practical matter, the price cannot be zero, because contractors will "
+"not bid that low.  Although not entitled to special consideration, they have "
+"the usual rights of citizens in a free society, including the right to "
+"refuse disadvantageous contracts; even the lowest bid will be high enough "
+"for some contractor to make money.  So there is indeed a balance, of a "
+"kind.  But it is not a deliberate balancing of two interests each with claim "
+"to special consideration.  It is a balance between a public goal and market "
+"forces.  The government tries to obtain for the taxpaying motorists the best "
+"deal they can get in the context of a free society and a free market."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:170
+msgid ""
+"In the copyright bargain, the government spends our freedom instead of our "
+"money.  Freedom is more precious than money, so government's responsibility "
+"to spend our freedom wisely and frugally is even greater than its "
+"responsibility to spend our money thus.  Governments must never put the "
+"publishers' interests on a par with the public's freedom."
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:177
+msgid "Not &ldquo;balance&rdquo; but &ldquo;trade-off&rdquo;"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:179
+msgid ""
+"The idea of balancing the readers' interests against the publishers' is the "
+"wrong way to judge copyright policy, but there are indeed two interests to "
+"be weighed: two interests <b>of the readers</b>.  Readers have an interest "
+"in their own freedom in using published works; depending on circumstances, "
+"they may also have an interest in encouraging publication through some kind "
+"of incentive system."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:186
+msgid ""
+"The word &ldquo;balance,&rdquo; in discussions of copyright, has come to "
+"stand as shorthand for the idea of &ldquo;striking a balance&rdquo; between "
+"the readers and the publishers.  Therefore, to use the word "
+"&ldquo;balance&rdquo; in regard to the readers' two interests would be "
+"confusing &mdash; we need another term."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:192
+msgid ""
+"In general, when one party has two goals that partly conflict, and cannot "
+"completely achieve both of them, we call this a &ldquo;trade-off.&rdquo; "
+"Therefore, rather than speaking of &ldquo;striking the right balance&rdquo; "
+"between parties, we should speak of &ldquo;finding the right trade-off "
+"between spending our freedom and keeping it.&rdquo;"
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:199
+msgid "The second error: maximizing one output"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:201
+msgid ""
+"The second mistake in copyright policy consists of adopting the goal of "
+"maximizing &mdash; not just increasing &mdash; the number of published "
+"works.  The erroneous concept of &ldquo;striking a balance&rdquo; elevated "
+"the publishers to parity with the readers; this second error places them far "
+"above the readers."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:207
+msgid ""
+"When we purchase something, we do not generally buy the whole quantity in "
+"stock or the most expensive model.  Instead we conserve funds for other "
+"purchases, by buying only what we need of any particular good, and choosing "
+"a model of sufficient rather than highest quality.  The principle of "
+"diminishing returns suggests that spending all our money on one particular "
+"good is likely to be inefficient allocation of resources; we generally "
+"choose to keep some money for another use."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:215
+msgid ""
+"Diminishing returns applies to copyright just as to any other purchase.  The "
+"first freedoms we should trade away are those we miss the least, while "
+"giving the largest encouragement to publication.  As we trade additional "
+"freedoms that cut closer to home, we find that each trade is a bigger "
+"sacrifice than the last, while bringing a smaller increment in literary "
+"activity.  Well before the increment becomes zero, we may well say it is not "
+"worth its incremental price; we would then settle on a bargain whose overall "
+"result is to increase the amount of publication, but not to the utmost "
+"possible extent."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:225
+msgid ""
+"Accepting the goal of maximizing publication rejects all these wiser, more "
+"advantageous bargains in advance &mdash; it dictates that the public must "
+"cede nearly all of its freedom to use published works, for just a little "
+"more publication."
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:230
+msgid "The rhetoric of maximization"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:232
+msgid ""
+"In practice, the goal of maximizing publication regardless of the cost to "
+"freedom is supported by widespread rhetoric which asserts that public "
+"copying is illegitimate, unfair, and intrinsically wrong.  For instance, the "
+"publishers call people who copy &ldquo;pirates,&rdquo; a smear term designed "
+"to equate sharing information with your neighbor with attacking a ship.  "
+"(This smear term was formerly used by authors to describe publishers who "
+"found lawful ways to publish unauthorized editions; its modern use by the "
+"publishers is almost the reverse.)  This rhetoric directly rejects the "
+"Constitutional basis for copyright, but presents itself as representing the "
+"unquestioned tradition of the American legal system."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:244
+msgid ""
+"The &ldquo;pirate&rdquo; rhetoric is typically accepted because it blankets "
+"the media so that few people realize that it is radical.  It is effective "
+"because if copying by the public is fundamentally illegitimate, we can never "
+"object to the publishers' demand that we surrender our freedom to do so.  In "
+"other words, when the public is challenged to show why publishers should not "
+"receive some additional power, the most important reason of all &mdash; "
+"&ldquo;We want to copy&rdquo; &mdash; is disqualified in advance."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:253
+msgid ""
+"This leaves no way to argue against increasing copyright power except using "
+"side issues.  Hence opposition to stronger copyright powers today almost "
+"exclusively cites side issues, and never dares cite the freedom to "
+"distribute copies as a legitimate public value."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:258
+msgid ""
+"As a practical matter, the goal of maximization enables publishers to argue "
+"that &ldquo;A certain practice is reducing our sales &mdash; or we think it "
+"might &mdash; so we presume it diminishes publication by some unknown "
+"amount, and therefore it should be prohibited.&rdquo; We are led to the "
+"outrageous conclusion that the public good is measured by publishers' sales: "
+"What's good for General Media is good for the U.S.A."
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:266
+msgid "The third error: maximizing publishers' power"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:268
+msgid ""
+"Once the publishers have obtained assent to the policy goal of maximizing "
+"publication output at any cost, their next step is to infer that this "
+"requires giving them the maximum possible powers &mdash; making copyright "
+"cover every imaginable use of a work, or applying some other legal tool such "
+"as &ldquo;shrink wrap&rdquo; licenses to equivalent effect.  This goal, "
+"which entails the abolition of &ldquo;fair use&rdquo; and the &ldquo;right "
+"of first sale,&rdquo; is being pressed at every available level of "
+"government, from states of the U.S. to international bodies."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:278
+msgid ""
+"This step is erroneous because strict copyright rules obstruct the creation "
+"of useful new works.  For instance, Shakespeare borrowed the plots of some "
+"of his plays from other plays published a few decades before, so if today's "
+"copyright law had been in effect, his plays would have been illegal."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:284
+msgid ""
+"Even if we wanted the highest possible rate of publication, regardless of "
+"cost to the public, maximizing publishers' power is the wrong way to get "
+"it.  As a means of promoting progress, it is self-defeating."
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:288
+msgid "The results of the three errors"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:290
+msgid ""
+"The current trend in copyright legislation is to hand publishers broader "
+"powers for longer periods of time.  The conceptual basis of copyright, as it "
+"emerges distorted from the series of errors, rarely offers a basis for "
+"saying no.  Legislators give lip service to the idea that copyright serves "
+"the public, while in fact giving publishers whatever they ask for."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:297
+msgid ""
+"For example, here is what Senator Hatch said when introducing S. 483, a 1995 "
+"bill to increase the term of copyright by 20 years:"
+msgstr ""
+
+# type: Content of: <blockquote><p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:301
+msgid ""
+"I believe we are now at such a point with respect to the question of whether "
+"the current term of copyright adequately protects the interests of authors "
+"and the related question of whether the term of protection continues to "
+"provide a sufficient incentive for the creation of new works of authorship."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:308
+msgid ""
+"This bill extended the copyright on already-published works written since "
+"the 1920s.  This change was a giveaway to publishers with no possible "
+"benefit to the public, since there is no way to retroactively increase now "
+"the number of books published back then.  Yet it cost the public a freedom "
+"that is meaningful today &mdash; the freedom to redistribute books from that "
+"era."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:315
+msgid ""
+"The bill also extended the copyrights of works yet to be written.  For works "
+"made for hire, copyright would last 95 years instead of the present 75 "
+"years.  Theoretically this would increase the incentive to write new works; "
+"but any publisher that claims to need this extra incentive should "
+"substantiate the claim with projected balance sheets for the year 2075."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:322
+msgid ""
+"Needless to say, Congress did not question the publishers' arguments: a law "
+"extending copyright was enacted in 1998.  It was called the Sonny Bono "
+"Copyright Term Extension Act, named after one of its sponsors who died "
+"earlier that year.  His widow, who served the rest of his term, made this "
+"statement:"
+msgstr ""
+
+# type: Content of: <blockquote><p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:329
+msgid ""
+"Actually, Sonny wanted copyright to last forever.  I am informed by staff "
+"that such a change would violate the Constitution.  I invite all of you to "
+"work with me to strengthen our copyright laws in all ways available to us.  "
+"As you know, there is also Jack Valenti's proposal to last forever less one "
+"day.  Perhaps the committee may look at that next Congress."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:337
+msgid ""
+"The Supreme Court has agreed to hear a case that seeks to overturn the law "
+"on the grounds that the retroactive extension fails to serve the "
+"Constitution's goal of promoting progress."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:341
+msgid ""
+"Another law, passed in 1996, made it a felony to make sufficiently many "
+"copies of any published work, even if you give them away to friends just to "
+"be nice.  Previously this was not a crime in the U.S. at all."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:345
+msgid ""
+"An even worse law, the Digital Millennium Copyright Act (DMCA), was designed "
+"to bring back copy protection (which computer users detest)  by making it a "
+"crime to break copy protection, or even publish information about how to "
+"break it.  This law ought to be called the &ldquo;Domination by Media "
+"Corporations Act&rdquo; because it effectively offers publishers the chance "
+"to write their own copyright law.  It says they can impose any restrictions "
+"whatsoever on the use of a work, and these restrictions take the force of "
+"law provided the work contains some sort of encryption or license manager to "
+"enforce them."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:356
+msgid ""
+"One of the arguments offered for this bill was that it would implement a "
+"recent treaty to increase copyright powers.  The treaty was promulgated by "
+"the World Intellectual Property Organization, an organization dominated by "
+"copyright-holding and patent-holding interests, with the aid of pressure "
+"from the Clinton administration; since the treaty only increases copyright "
+"power, whether it serves the public interest in any country is doubtful.  In "
+"any case, the bill went far beyond what the treaty required."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:365
+msgid ""
+"Libraries were a key source of opposition to this bill, especially to the "
+"aspects that block the forms of copying that are considered &ldquo;fair "
+"use.&rdquo; How did the publishers respond? Former representative Pat "
+"Schroeder, now a lobbyist for the Association of American Publishers, said "
+"that the publishers &ldquo;could not live with what [the libraries are] "
+"asking for.&rdquo; Since the libraries were asking only to preserve part of "
+"the status quo, one might respond by wondering how the publishers had "
+"survived until the present day."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:375
+msgid ""
+"Congressman Barney Frank, in a meeting with me and others who opposed this "
+"bill, showed how far the U.S. Constitution's view of copyright has been "
+"disregarded.  He said that new powers, backed by criminal penalties, were "
+"needed urgently because the &ldquo;movie industry is worried,&rdquo; as well "
+"as the &ldquo;music industry&rdquo; and other &ldquo;industries.&rdquo; I "
+"asked him, &ldquo;But is this in the public interest?&rdquo; His response "
+"was telling: &ldquo;Why are you talking about the public interest? These "
+"creative people don't have to give up their rights for the public "
+"interest!&rdquo; The &ldquo;industry&rdquo; has been identified with the "
+"&ldquo;creative people&rdquo; it hires, copyright has been treated as its "
+"entitlement, and the Constitution has been turned upside down."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:388
+msgid ""
+"The DMCA was enacted in 1998.  As enacted, it says that fair use remains "
+"nominally legitimate, but allows publishers to prohibit all software or "
+"hardware that you could practice it with.  Effectively, fair use is "
+"prohibited."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:393
+msgid ""
+"Based on this law, the movie industry has imposed censorship on free "
+"software for reading and playing DVDs, and even on the information about how "
+"to read them.  In April 2001, Professor Edward Felten of Princeton "
+"University was intimidated by lawsuit threats from the Recording Industry "
+"Association of America (RIAA) into withdrawing a scientific paper stating "
+"what he had learned about a proposed encryption system for restricting "
+"access to recorded music."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:401
+msgid ""
+"We are also beginning to see e-books that take away many of readers' "
+"traditional freedoms &mdash; for instance, the freedom to lend a book to "
+"your friend, to sell it to a used book store, to borrow it from a library, "
+"to buy it without giving your name to a corporate data bank, even the "
+"freedom to read it twice.  Encrypted e-books generally restrict all these "
+"activities &mdash; you can read them only with special secret software "
+"designed to restrict you."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:409
+msgid ""
+"I will never buy one of these encrypted, restricted e-books, and I hope you "
+"will reject them too.  If an e-book doesn't give you the same freedoms as a "
+"traditional paper book, don't accept it!"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:413
+msgid ""
+"Anyone independently releasing software that can read restricted e-books "
+"risks prosecution.  A Russian programmer, Dmitry Sklyarov, was arrested in "
+"2001 while visiting the U.S. to speak at a conference, because he had "
+"written such a program in Russia, where it was lawful to do so.  Now Russia "
+"is preparing a law to prohibit it too, and the European Union recently "
+"adopted one."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:420
+msgid ""
+"Mass-market e-books have been a commercial failure so far, but not because "
+"readers chose to defend their freedom; they were unattractive for other "
+"reasons, such as that computer display screens are not easy surfaces to read "
+"from.  We can't rely on this happy accident to protect us in the long term; "
+"the next attempt to promote e-books will use &ldquo;electronic paper&rdquo; "
+"&mdash; book-like objects into which an encrypted, restricted e-book can be "
+"downloaded.  If this paper-like surface proves more appealing than today's "
+"display screens, we will have to defend our freedom in order to keep it.  "
+"Meanwhile, e-books are making inroads in niches: NYU and other dental "
+"schools require students to buy their textbooks in the form of restricted "
+"e-books."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:433
+msgid ""
+"The media companies are not satisfied yet.  In 2001, Disney-funded Senator "
+"Hollings proposed a bill called the &ldquo;Security Systems Standards and "
+"Certification Act&rdquo; (SSSCA)<a href=\"#footnote1\">[1]</a>, which would "
+"require all computers (and other digital recording and playback devices) to "
+"have government-mandated copy restriction systems.  That is their ultimate "
+"goal, but the first item on their agenda is to prohibit any equipment that "
+"can tune digital HDTV unless it is designed to be impossible for the public "
+"to &ldquo;tamper with&rdquo; (i.e., modify for their own purposes).  Since "
+"free software is software that users can modify, we face here for the first "
+"time a proposed law that explicitly prohibits free software for a certain "
+"job.  Prohibition of other jobs will surely follow. If the FCC adopts this "
+"rule, existing free software such as GNU Radio would be censored."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:448
+msgid ""
+"To block these bills and rules requires political action.<a "
+"href=\"#footnote2\">[2]</a>"
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:451
+msgid "Finding the right bargain"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:453
+msgid ""
+"What is the proper way to decide copyright policy? If copyright is a bargain "
+"made on behalf of the public, it should serve the public interest above "
+"all.  The government's duty when selling the public's freedom is to sell "
+"only what it must, and sell it as dearly as possible.  At the very least, we "
+"should pare back the extent of copyright as much as possible while "
+"maintaining a comparable level of publication."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:460
+msgid ""
+"Since we cannot find this minimum price in freedom through competitive "
+"bidding, as we do for construction projects, how can we find it?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:463
+msgid ""
+"One possible method is to reduce copyright privileges in stages, and observe "
+"the results.  By seeing if and when measurable diminutions in publication "
+"occur, we will learn how much copyright power is really necessary to achieve "
+"the public's purposes.  We must judge this by actual observation, not by "
+"what publishers say will happen, because they have every incentive to make "
+"exaggerated predictions of doom if their powers are reduced in any way."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:471
+msgid ""
+"Copyright policy includes several independent dimensions, which can be "
+"adjusted separately.  After we find the necessary minimum for one policy "
+"dimension, it may still be possible to reduce other dimensions of copyright "
+"while maintaining the desired publication level."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:476
+msgid ""
+"One important dimension of copyright is its duration, which is now typically "
+"on the order of a century.  Reducing the monopoly on copying to ten years, "
+"starting from the date when a work is published, would be a good first "
+"step.  Another aspect of copyright, which covers the making of derivative "
+"works, could continue for a longer period."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:482
+msgid ""
+"Why count from the date of publication? Because copyright on unpublished "
+"works does not directly limit readers' freedom; whether we are free to copy "
+"a work is moot when we do not have copies.  So giving authors a longer time "
+"to get a work published does no harm.  Authors (who generally do own the "
+"copyright prior to publication) will rarely choose to delay publication just "
+"to push back the end of the copyright term."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:490
+msgid ""
+"Why ten years? Because that is a safe proposal; we can be confident on "
+"practical grounds that this reduction would have little impact on the "
+"overall viability of publishing today.  In most media and genres, successful "
+"works are very profitable in just a few years, and even successful works are "
+"usually out of print well before ten.  Even for reference works, whose "
+"useful life may be many decades, ten-year copyright should suffice: updated "
+"editions are issued regularly, and many readers will buy the copyrighted "
+"current edition rather than copy a ten-year-old public domain version."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:500
+msgid ""
+"Ten years may still be longer than necessary; once things settle down, we "
+"could try a further reduction to tune the system.  At a panel on copyright "
+"at a literary convention, where I proposed the ten-year term, a noted "
+"fantasy author sitting beside me objected vehemently, saying that anything "
+"beyond five years was intolerable."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:506
+msgid ""
+"But we don't have to apply the same time span to all kinds of works.  "
+"Maintaining the utmost uniformity of copyright policy is not crucial to the "
+"public interest, and copyright law already has many exceptions for specific "
+"uses and media.  It would be foolish to pay for every highway project at the "
+"rates necessary for the most difficult projects in the most expensive "
+"regions of the country; it is equally foolish to &ldquo;pay&rdquo; for all "
+"kinds of art with the greatest price in freedom that we find necessary for "
+"any one kind."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:515
+msgid ""
+"So perhaps novels, dictionaries, computer programs, songs, symphonies, and "
+"movies should have different durations of copyright, so that we can reduce "
+"the duration for each kind of work to what is necessary for many such works "
+"to be published.  Perhaps movies over one hour long could have a twenty-year "
+"copyright, because of the expense of producing them.  In my own field, "
+"computer programming, three years should suffice, because product cycles are "
+"even shorter than that."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:523
+msgid ""
+"Another dimension of copyright policy is the extent of fair use: some ways "
+"of reproducing all or part of a published work that are legally permitted "
+"even though it is copyrighted.  The natural first step in reducing this "
+"dimension of copyright power is to permit occasional private small-quantity "
+"noncommercial copying and distribution among individuals.  This would "
+"eliminate the intrusion of the copyright police into people's private lives, "
+"but would probably have little effect on the sales of published works.  (It "
+"may be necessary to take other legal steps to ensure that shrink-wrap "
+"licenses cannot be used to substitute for copyright in restricting such "
+"copying.)  The experience of Napster shows that we should also permit "
+"noncommercial verbatim redistribution to the general public &mdash; when so "
+"many of the public want to copy and share, and find it so useful, only "
+"draconian measures will stop them, and the public deserves to get what it "
+"wants."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:539
+msgid ""
+"For novels, and in general for works that are used for entertainment, "
+"noncommercial verbatim redistribution may be sufficient freedom for the "
+"readers.  Computer programs, being used for functional purposes (to get jobs "
+"done), call for additional freedoms beyond that, including the freedom to "
+"publish an improved version.  See &ldquo;Free Software Definition,&rdquo; in "
+"this book, for an explanation of the freedoms that software users should "
+"have.  But it may be an acceptable compromise for these freedoms to be "
+"universally available only after a delay of two or three years from the "
+"program's publication."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:549
+msgid ""
+"Changes like these could bring copyright into line with the public's wish to "
+"use digital technology to copy.  Publishers will no doubt find these "
+"proposals &ldquo;unbalanced&rdquo;; they may threaten to take their marbles "
+"and go home, but they won't really do it, because the game will remain "
+"profitable and it will be the only game in town."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:555
+msgid ""
+"As we consider reductions in copyright power, we must make sure media "
+"companies do not simply replace it with end-user license agreements.  It "
+"would be necessary to prohibit the use of contracts to apply restrictions on "
+"copying that go beyond those of copyright.  Such limitations on what "
+"mass-market nonnegotiated contracts can require are a standard part of the "
+"U.S. legal system."
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/misinterpreting-copyright.proto:562
+msgid "A personal note"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:564
+msgid ""
+"I am a software designer, not a legal scholar.  I've become concerned with "
+"copyright issues because there's no avoiding them in the world of computer "
+"networks <a href=\"#footnote3\">[3]</a>.  As a user of computers and "
+"networks for thirty years, I value the freedoms that we have lost, and the "
+"ones we may lose next.  As an author, I can reject the romantic mystique of "
+"the author as semidivine creator, often cited by publishers to justify "
+"increased copyright powers for authors, which authors will then sign away to "
+"publishers."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:573
+msgid ""
+"Most of this article consists of facts and reasoning that you can check, and "
+"proposals on which you can form your own opinions.  But I ask you to accept "
+"one thing on my word alone: that authors like me don't deserve special power "
+"over you.  If you wish to reward me further for the software or books I have "
+"written, I would gratefully accept a check &mdash; but please don't "
+"surrender your freedom in my name."
+msgstr ""
+
+# type: Content of: <h4>
+#: ../../philosophy/po/misinterpreting-copyright.proto:580
+msgid "Footnotes"
+msgstr ""
+
+# type: Content of: <ol><li>
+#: ../../philosophy/po/misinterpreting-copyright.proto:583
+msgid ""
+"<a id=\"footnote1\"></a>Since renamed to the unpronounceable CBDTPA, for "
+"which a good mnemonic is, &ldquo;Consume, But Don't Try Programming "
+"Anything,&rdquo; but it really stands for the &ldquo;Consumer Broadband and "
+"Digital Television Promotion Act.&rdquo;"
+msgstr ""
+
+# type: Content of: <ol><li>
+#: ../../philosophy/po/misinterpreting-copyright.proto:589
+msgid ""
+"<a id=\"footnote2\"></a>If you would like to help, I recommend the Web sites "
+"<a href=\"http://publicknowledge.org\";>publicknowledge.org</a> and <a "
+"href=\"http://www.eff.org\";>www.eff.org</a>."
+msgstr ""
+
+# type: Content of: <ol><li>
+#: ../../philosophy/po/misinterpreting-copyright.proto:593
+msgid ""
+"<a id=\"footnote3\"></a>The Internet being the largest of the world's "
+"computer networks."
+msgstr ""
+
+# type: Content of: <h4>
+#: ../../philosophy/po/misinterpreting-copyright.proto:598
+msgid ""
+"This essay is published in <a href=\"/doc/book13.html\"><cite>Free Software, "
+"Free Society: The Selected Essays of Richard M. Stallman</cite></a>"
+msgstr ""
+
+#. TRANSLATORS: Use space (SPC) as msgstr if you don't have notes.
+# type: Content of: <div>
+#: ../../philosophy/po/misinterpreting-copyright.proto:610
+msgid "*GNUN-SLOT: TRANSLATOR'S NOTES*"
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:616
+msgid ""
+"Please send FSF &amp; 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>."
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:626
+msgid ""
+"Please see the <a "
+"href=\"/server/standards/README.translations.html\">Translations README</a> "
+"for information on coordinating and submitting translations of this article."
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:633
+msgid "Copyright &copy; 2002, 2003, 2007 Free Software Foundation, Inc.,"
+msgstr ""
+
+# type: Content of: <div><address>
+#: ../../philosophy/po/misinterpreting-copyright.proto:635
+msgid "51 Franklin St, Fifth Floor, Boston, MA 02110, USA"
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:636
+msgid ""
+"Verbatim copying and distribution of this entire article are permitted "
+"worldwide, without royalty, in any medium, provided this notice, and the "
+"copyright notice, are preserved."
+msgstr ""
+
+#. TRANSLATORS: Use space (SPC) as msgstr if you don't want credits.
+# type: Content of: <div><div>
+#: ../../philosophy/po/misinterpreting-copyright.proto:644
+msgid "*GNUN-SLOT: TRANSLATOR'S CREDITS*"
+msgstr ""
+
+#.  timestamp start 
+# type: Content of: <div><p>
+#: ../../philosophy/po/misinterpreting-copyright.proto:646
+msgid "Updated:"
+msgstr ""
+
+# type: Content of: <div><h4>
+#: ../../philosophy/po/misinterpreting-copyright.proto:654
+msgid "Translations of this page"
+msgstr ""

Index: po/moglen-harvard-speech-2004.pot
===================================================================
RCS file: po/moglen-harvard-speech-2004.pot
diff -N po/moglen-harvard-speech-2004.pot
--- /dev/null   1 Jan 1970 00:00:00 -0000
+++ po/moglen-harvard-speech-2004.pot   4 Jul 2008 20:25:49 -0000       1.1
@@ -0,0 +1,1812 @@
+# SOME DESCRIPTIVE TITLE
+# Copyright (C) YEAR Free Software Foundation, Inc.
+# This file is distributed under the same license as the PACKAGE package.
+# FIRST AUTHOR <address@hidden>, YEAR.
+#
+#, fuzzy
+msgid ""
+msgstr ""
+"Project-Id-Version: PACKAGE VERSION\n"
+"POT-Creation-Date: 2008-07-04 16:25-0400\n"
+"PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n"
+"Last-Translator: FULL NAME <address@hidden>\n"
+"Language-Team: LANGUAGE <address@hidden>\n"
+"MIME-Version: 1.0\n"
+"Content-Type: text/plain; charset=CHARSET\n"
+"Content-Transfer-Encoding: ENCODING"
+
+# type: Content of: <title>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:3
+msgid "Eben Moglen Speech - Harvard - 2004"
+msgstr ""
+
+# type: Content of: <h2>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:5
+msgid "Eben Moglen - Speech for Harvard Journal of Law &amp; Technology"
+msgstr ""
+
+# type: Content of: <h3>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:6
+msgid "February 23, 2004 - Cambridge, MA, USA"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:9
+msgid ""
+"<i>Eben Moglen is a Professor of Law &amp; Legal History at Columbia Law "
+"School, and General Counsel for the Free Software Foundation</i>"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:14
+msgid ""
+"Thank you. It's a great pleasure to be here. I want to thank the Journal of "
+"Law and Technology and Jonathan Zittrain for combining to set things up for "
+"me in this delightful way. It is true that I feel somewhat overwhelmed at "
+"the prospect of trying to talk for any substantial length of time about a "
+"lawsuit that isn't going anywhere very much. I am, however, going to mention "
+"the SCO lawsuit from time to time in my remarks."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:24
+msgid ""
+"Mr. McBride, when he was here, was kind enough to mention me once or twice, "
+"and I am going to do him the same favor. I hope you will feel, those of you "
+"who followed the conversation, that I am responsive to his remarks, though I "
+"don't think that doing it in the form of he said, I say, would lead, as "
+"Jonathan suggests, to a particularly intellectually challenging evening."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:33
+msgid ""
+"Free software, you will know, I am sure, that I didn't make this up, is free "
+"as in freedom, not free as in beer. One of the primary problems with the "
+"conversation we have been having about this lawsuit, in your distinguished "
+"speaker series this year, is that at least so far it had apparently been "
+"suggested that the goal of those of us who believe in the free software "
+"movement was primarily to prevent people from earning a profit in the "
+"computer industry."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:43
+msgid ""
+"This results, it is sometimes suggested, from some wild antipathy to the "
+"idea of economic benefit or some particular antipathy to the idea that "
+"people ought to have incentives to do what they do. I shall along the way "
+"suggest that we believe very strongly in incentives, though we see the "
+"problem of incentive perhaps a little bit differently than Mr. McBride.  But "
+"it isn't, after all, and we need to begin there, it isn't, after all, about "
+"making things free as in beer. It is about making things free as in freedom."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:54
+msgid ""
+"The goal of the Free Software Movement is to enable people to understand, to "
+"learn from, to improve, to adapt, and to share the technology that "
+"increasingly runs every human life."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:60
+msgid ""
+"The fundamental belief in fairness here is not that it is fair that things "
+"should be free. It is that it is fair that we should be free and that our "
+"thoughts should be free, that we should be able to know as much about the "
+"world in which we live as possible, and that we should be as little as "
+"possible captive to other people's knowledge, beyond the appeal to our own "
+"understanding and initiative."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:69
+msgid ""
+"This idea lay behind my dear friend and colleague, Richard Stallman's, "
+"intense desire, beginning in the early 1980's, to bring about a world in "
+"which all the computer software needed by anybody to do anything would be "
+"available on terms which permitted free access to the knowledge that that "
+"software contained and a free opportunity to make more knowledge and to "
+"improve on the existing technology by modification and sharing."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:79
+msgid ""
+"This is a desire for a free evolution of technical knowledge. A descent by "
+"modification untrammeled by principles that forbid improvement, access and "
+"sharing. If you think about it, it sounds rather like a commitment to "
+"encourage the diffusion of science and the useful arts by promoting access "
+"to knowledge."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:87
+msgid ""
+"In short, the idea of the Free Software Movement is neither hostile to, nor "
+"in any sense at cross-purposes with, the 18th century ambition for the "
+"improvement of society and the human being through access to knowledge."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:94
+msgid ""
+"The copyrights clause in Article 1 Section 8 is only one of the many ways in "
+"which those rather less realistic than usually pictured founding parents of "
+"ours participated in the great 18th century belief in the perfectability of "
+"the world and of human life."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:101
+msgid ""
+"The copyrights clause is an particular legal embrace of the idea of "
+"perfectability through access to and the sharing of knowledge. We, however, "
+"the 21st century inheritors of that promise, live in a world in which there "
+"is some doubt as to whether property principles, strongly enforced, with "
+"their inevitable corollary of exclusion &mdash; this is mine, you cannot "
+"have it unless you pay me &mdash; whether property principles best further "
+"that shared goal of the perfectability of human life and society based "
+"around access to knowledge."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:113
+msgid ""
+"Our position has been for twenty years that to the extent that existing "
+"copyright rules encourage the diffusion of science and the useful arts, they "
+"were good. And to the extent that they discouraged the diffusion of "
+"knowledge and the useful arts, that they could be improved."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:120
+msgid ""
+"We have, pardon me for taking credit for something, we have improved them, "
+"substantially, not by negating any of the existing rules of copyright.  On "
+"the contrary, we have been quite scrupulous about that."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:126
+msgid ""
+"One of the things which amuses me amidst the rhetoric that is now being "
+"thrown around, is how oddly orthodox I seem to me when I consider my weekly "
+"activities as a lawyer."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:132
+msgid ""
+"Though not necessarily welcome in Los Angeles, I find myself behaving very "
+"much like an awful lot of lawyers in Los Angeles. I want my clients' "
+"copyrights respected, and I spend a fairly large amount of tedious time "
+"trying to get people to play by the very rules embodied in the Copyright Act "
+"that I am supposedly so busy trying to destroy."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:140
+msgid ""
+"Free software is an attempt to use the 18th century principles for the "
+"encouragement of the diffusion of knowledge to transform the technical "
+"environment of human beings. And as Jonathan says, my own personal opinion "
+"on the subject is that the early going in our experiment has worked out "
+"pretty well."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:148
+msgid ""
+"It is because it has worked out pretty well that there is blowback from it, "
+"and one of the little pieces of that blowback is the controversy now roiling "
+"the world entitled SCO against IBM, which apparently is supposed to become, "
+"Mr. McBride said it when he was here, SCO against something called the Linux "
+"Community."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:156
+msgid ""
+"I don't think that's actually what's happening, but it is certainly what "
+"Mr. McBride came here to say was happening."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:161
+msgid ""
+"So I'd best talk for a moment or two about how we see the situation that "
+"Mr. McBride describes as a great test of whether free goods are somehow "
+"going to drive out the incentive to produce in the net."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:167
+msgid ""
+"Free software, of which the operating system kernel called Linux is one very "
+"important example among thousands, free software is the single greatest "
+"technical reference library on Planet Earth, as of now."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:173
+msgid ""
+"The reason I say that is that free software is the only corpus of "
+"information fixed in a tangible form, through which anyone, anywhere, can go "
+"from naivete to the state of the art in a great technical subject &mdash; "
+"what computers can be made to do &mdash; solely by consulting material that "
+"is freely available for adaptation and reuse, in any way that she or he may "
+"want."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:182
+msgid ""
+"We enable learning all over the world by permitting people to experiment, "
+"not with toys, but with the actual real stuff on which all the good work is "
+"done."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:188
+msgid ""
+"For that purpose, we are engaged in making an educational system and a human "
+"capital improvement system which brings about the promise of encouraging the "
+"diffusion of our science and useful art in a way which contributes to the "
+"perfectability of human beings."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:195
+msgid ""
+"That's what we were trying to do, and we have done it. We are, as it "
+"happens, driving out of business a firm called the Santa Cruz Operation "
+"[sic] - or SCO Ltd. That was not our intention. That's a result of something "
+"called the creative destruction potential of capitalism, once upon a time "
+"identified by Joseph Schumpeter. We are doing a thing better at lower cost "
+"than it is presently being done by those people using other people's money "
+"to do it. The result - celebrated everywhere that capitalism is actually "
+"believed in &mdash; is that existing firms are going to have to change their "
+"way of operation or leave the market. This is usually regarded as a positive "
+"outcome, associated with enormous welfare increases of which capitalism "
+"celebrates at every opportunity everywhere all the time in the hope that the "
+"few defects that capitalism may possess will be less prominently visible "
+"once that enormous benefit is carefully observed."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:212
+msgid ""
+"Mr. McBride does not want to go out of business. This is understandable.  "
+"Mr. Gates does not want to go out of business either. But they are both on "
+"the wrong side of a problem in the political economy of the 21st "
+"century. They see software as a product. In order to make their quote "
+"&ldquo;business model&rdquo; close quote work, software must be a thing "
+"which is scarce.  And out of the scarcity of software there will be a price "
+"which can be extracted, which will include an economic rent, from which "
+"Mr. McBride has suggested somebody will be enabled to buy a second home."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:224
+msgid ""
+"Mr. McBride thought it was the programmers who would be able to buy a second "
+"home but people who actually understand the current state of the software "
+"industry recognize that programmers are not buying second homes these "
+"days. I think Mr McBride means the executives who employ programmers and the "
+"financiers who employ executives to employ programmers will buy a second "
+"home on the software-is-product business model for a little while longer."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:234
+msgid ""
+"We think that software is not a product, because we do not believe in "
+"excluding people from it.  We think that software is a form of knowledge.  "
+"The International Business Machines Corporation, the Hewlett Packard "
+"Corporation, and a number of other organizations either represented here in "
+"body or in spirit this evening have another theory, which is that software "
+"in the 21st century is a service, a form of public utility combined with "
+"knowledge about how to make best use of the utility, which enables economic "
+"growth in peoples' enterprises generally, from which there is a surplus to "
+"be used to pay the people who help you produce the surplus, by making the "
+"best possible use of the public utility."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:247
+msgid ""
+"I think it would be appropriate to suggest, if you like, that where we now "
+"are is in a world, where, if I may employ a metaphor, Mr. McBride and his "
+"colleagues &mdash; I do mean those in Redmond, as well as those in Utah "
+"&mdash; think that roads should all be toll roads. The ability to get from "
+"here to there's a product. Buy it, or we exclude you from it. Others believe "
+"that highways should be public utilities. Let us figure out how to use the "
+"public highways best, so that everybody can profit from them - from the "
+"reduction of the costs of transportations of goods and the provisions of "
+"services &mdash; and by the by, there will be plenty of money to pay traffic "
+"engineers and the people who fix the pot holes."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:261
+msgid ""
+"We believe, for what little our view of the economics of the software market "
+"may be worth in the 21st century &mdash; after all we are the people who "
+"transformed it &mdash; we believe that the public utility service conception "
+"of software better reflects economic actuality in the 21st century. We are "
+"not surprised that Mr. McBride is going out of business on the other "
+"business model."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:270
+msgid ""
+"Mr. McBride's claim is that he is going out of business because somebody has "
+"taken what belongs to him. That's a lawsuit. As it turns out, however, the "
+"people he believes have taken what don't belong to him aren't us. His theory "
+"is that various people promised AT&amp;T at various times that they would do "
+"or refrain from doing various things, that some of the people who promised "
+"AT&amp;T in the old days to do or refrain from doing various things broke "
+"those promises, and that out of the breaking of those promises, Linux, a "
+"computer program distributed under free terms, benefitted."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:282
+msgid ""
+"Mr. McBride may be right about that or he may be wrong. We do not know what "
+"the contents of those contracts are in general terms, and we do not even "
+"know, as Mr. McBride pointed out to you when he was here, that he is the "
+"beneficiary of those contracts. He is presently in litigation trying to "
+"prove that he has what he claims to have &mdash; certain contract rights "
+"which he claims were conveyed to him by Novell. I have no opinion about "
+"whose rights those are, and I wish Mr. McBride luck in his litigation over "
+"that question."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:293
+msgid ""
+"But what Mr. McBride has also claimed is that our creative works are somehow "
+"dominated by those contract disputes, dominated in the sense that he has "
+"claimed, though so far not behaved in concert with the claim, that users of "
+"free software are liable to him, or to his firm, on the basis of claims that "
+"grow out of the contractual relations between AT&amp;T, Sequent, IBM, and "
+"others, over time."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:302
+msgid ""
+"I have spent a fair amount of time tediously reflecting on whether each "
+"piece of the story, as Mr. McBride and his colleagues have told it, could "
+"amount to a copyright claim against third parties."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:308
+msgid ""
+"I have spent that time because there were lots of third parties out there in "
+"the world who were concerned about assertions of copyright problems that "
+"Mr. McBride was making. I have confronted wraithlike examples of what were "
+"said to be derivative work but weren't derivative work under copyright law, "
+"or asserted copyright claims that turned out to be based on code that nobody "
+"owned ascertainably and had been in the public domain for a lengthy period "
+"of time, or code that Mr. McBride claimed he was entitled to prevent people "
+"to stop using long after he had deliberately given to people that very code "
+"under promises that they could use it, copy, modify it and distribute any "
+"way that they want."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:321
+msgid ""
+"And bit by bit, I have found myself unable to discover a single way in which "
+"Mr. McBride's firm could claim against third parties, not those who had ever "
+"been in privity of contract with AT&amp;T or its successors over code in the "
+"Unix operating system, anything that could force them to pay damages or stop "
+"them from using free software."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:329
+msgid ""
+"This is the thing we call SCO, not a lawsuit actually brought on the basis "
+"of promises exchanged between IBM and AT&amp;T, but a mysterious belief that "
+"somewhere out in the world tens of thousands of people might have to stop "
+"using billions of dollars worth of software that we made it possible for "
+"them to have at marginal cost solely because of some agreement between "
+"AT&amp;T and somebody else to which Mr McBride's firm is a successor in "
+"interest."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:339
+msgid ""
+"I see no substance to that claim.  And I am prepared, under the guidance of "
+"your searching and hostile questioning, to explain bit by bit why I think "
+"that's true. But I have published those various inquiries, and I don't want "
+"to recapitulate them here this evening. I think that that would be a poor "
+"use of our time together."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:347
+msgid ""
+"At <a href=\"/philosophy/sco/\">www.gnu.org/philosophy/sco</a>, all of it in "
+"lower case letters, you will find the various papers that I have written and "
+"that Mr. Stallman has written on these subjects, and there I hope we will "
+"have taken up in detail all the various points."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:354
+msgid ""
+"But it's hard to resist talking about the United States Supreme Court in a "
+"classroom at Harvard Law School. And so, for just a moment, I do want to "
+"engage in a little court watching with you."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:360
+msgid ""
+"Mr. McBride, when he was here, had much to say about a case called Eldred "
+"against Ashcroft, in which Mr. McBride discovers that the United States "
+"Supreme Court came out 7-2 against free software and in favor of capitalism "
+"[laughter from audience].  The odd thing is that on the very day when "
+"Mr. McBride was standing here discussing that subject with you, I was in Los "
+"Angeles discussing the very same thing with a fellow called Kevin McBride, "
+"Mr.  McBride's brother and the actual author of the document from which Mr.  "
+"McBride was speaking."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:371
+msgid ""
+"Kevin McBride has the advantage in this discussion of being a lawyer, which "
+"is a little bit of help in discussing the United States Supreme Court. But "
+"it is not quite enough help."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:377
+msgid ""
+"The primary trick in discussing cases - I shrink from saying that even in "
+"this room where I have taught first-year law students &mdash; the primary "
+"trick in discussing cases is to separate holding from dicta, a job with "
+"which many lugubrious Septembers and Octobers have been occupied by lawyers "
+"all over the planet and by every single one of you here."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:386
+msgid ""
+"The McBrides, jointly &mdash; I feel sometimes as though I'm in a Quentin "
+"Tarantino movie of some sort with them [laughter] &mdash; the McBrides have "
+"failed to distinguish adequately between dicta and holding."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:393
+msgid ""
+"I do not like Eldred against Ashcroft. I think it was wrongly decided. I "
+"filed a brief in it, amicus curiae, and I assisted my friend and colleague "
+"Larry Lessig in the presentation of the main arguments which did not, "
+"regrettably, succeed."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:400
+msgid ""
+"Oddly enough, and I will take you through this just enough to show, oddly "
+"enough, it is the position that we were taking in Eldred against Ashcroft, "
+"which if you stick to holding rather than dicta, would be favorable to the "
+"position now being urged by Mr. McBride. What happened in Eldred against "
+"Ashcroft, as opposed to the window dressing of it, is actually bad for the "
+"argument that Mr. McBride has been presenting, whichever Mr. McBride it "
+"is. But they have not thought this through enough."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:411
+msgid ""
+"Let me show you why. The grave difficulty that SCO has with free software "
+"isn't their attack; it's the inadequacy of their defense. In order to defend "
+"yourself in a case in which you are infringing the freedom of free software, "
+"you have to be prepared to meet a call that I make reasonably often with my "
+"colleagues at the Foundation who are here tonight. That telephone call goes "
+"like this:<br /> &ldquo;Mr. Potential Defendant, you are distributing my "
+"client's copyrighted work without permission. Please stop. And if you want "
+"to continue to distribute it, we'll help you to get back your distribution "
+"rights, which have terminated by your infringement, but you are going to "
+"have to do it the right way.&rdquo;"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:426
+msgid ""
+"At the moment that I make that call, the potential defendant's lawyer now "
+"has a choice. He can cooperate with us, or he can fight with us. And if he "
+"goes to court and fights with us, he will have a second choice before "
+"him. We will say to the judge, &ldquo;Judge, Mr. Defendant has used our "
+"copyrighted work, copied it, modified it and distributed it without "
+"permission. Please make him stop.&rdquo;"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:435
+msgid ""
+"One thing that the defendant can say is, &ldquo;You're right. I have no "
+"license.&rdquo; Defendants do not want to say that, because if they say that "
+"they lose. So defendants, when they envision to themselves what they will "
+"say in court, realize that what they will say is, &ldquo;But Judge, I do "
+"have a license. It's this here document, the GNU GPL. General Public "
+"License,&rdquo; at which point, because I know the license reasonably well, "
+"and I'm aware in what respect he is breaking it, I will say, &ldquo;Well, "
+"Judge, he had that license but he violated its terms and under Section 4 of "
+"it, when he violated its terms, it stopped working for him.&rdquo;"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:448
+msgid ""
+"But notice that in order to survive moment one in a lawsuit over free "
+"software, it is the defendant who must wave the GPL. It is his permission, "
+"his master key to a lawsuit that lasts longer than a nanosecond. This, quite "
+"simply, is the reason that lies behind the statement you have heard &mdash; "
+"Mr. McBride made it here some weeks ago &mdash; that there has never been a "
+"court test of the GPL."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:457
+msgid ""
+"To those who like to say there has never been a court test of the GPL, I "
+"have one simple thing to say: Don't blame me. I was perfectly happy to roll "
+"any time. It was the defendants who didn't want to do it. And when for ten "
+"solid years, people have turned down an opportunity to make a legal "
+"argument, guess what? It isn't any good."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:464
+msgid ""
+"The GPL has succeeded for the last decade, while I have been tending it, "
+"because it worked, not because it failed or was in doubt. Mr. McBride and "
+"his colleagues now face that very same difficulty, and the fellow on the "
+"other side is IBM. A big, rich, powerful company that has no intention of "
+"letting go."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:471
+msgid ""
+"They have distributed the operating system kernel program called Linux.  "
+"That is, SCO has. They continue to do so to their existing customers because "
+"they have a contractual responsibility to provide maintenance."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:477
+msgid ""
+"When they distribute that program called Linux, they are distributing the "
+"work of thousands of people, and they are doing so without a license, "
+"because they burned their license down when they tried to add terms to it, "
+"by charging additional license fees in violation of Sections 2 and 6 of the "
+"GPL."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:485
+msgid ""
+"Under Section 4 of the GPL, when they violated it, they lost their right to "
+"distribute, and IBM has said as a counterclaim in its lawsuit, &ldquo;Judge, "
+"they're distributing our copyrighted work, and they don't have any "
+"permission.  Make them stop.&rdquo;"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:492
+msgid ""
+"If SCO played smart, they would have said, &ldquo;But your Honor, we do have "
+"a license.  It's the GNU GPL.&rdquo; Now for reasons that we could get into "
+"but needn't, they didn't want to do that, possibly because it would have "
+"affected adversely their other claims in their lawsuit, or possibly because "
+"they had taken a 10 million dollar investment from Microsoft, but we'll talk "
+"about that a little further, I'm sure, in the question period."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:502
+msgid ""
+"At any rate, they didn't say that. What they said back is, &ldquo;But Judge, "
+"the GNU GPL is a violation of the United States Constitution, the Copyright "
+"Law, the Export Control Law&rdquo;, and I have now forgotten whether or not "
+"they also said the United Nations Charter of the Rights of Man. [laughter]"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:510
+msgid ""
+"At the moment, we confine ourselves solely to the question whether the GPL "
+"violates the United States Constitution.  I am coming back to Eldred against "
+"Ashcroft along the way."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:516
+msgid ""
+"In Eldred against Ashcroft, 435 Congressmen and a hundred Senators had been "
+"bribed to make copyright eternal in a tricky way. The bribe, which of course "
+"was perfectly legal and went by the name of campaign contributions, was "
+"presented to the Congress for a copyright term extension."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:524
+msgid ""
+"In 1929, &ldquo;Steamboat Willy&rdquo; first brought before the public a "
+"creature called Mickey Mouse. The corporate authorship term under copyright "
+"being then, as almost now, 75 years, had it not been for action by Congress "
+"in the year 2004, Mickey Mouse would have escaped control of ownership, at "
+"least under the Copyright Law. This, of course, necessitated major legal "
+"reform to prevent the escape of Mickey Mouse into the public domain."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:534
+msgid ""
+"Copyright term extension now provides that, whether or not a Sonny Bono skis "
+"into a tree again in the next ten years or so, every once in a while "
+"Congress will extend the term of copyrights a little while longer. And then, "
+"as the ball approaches midnight in Times Square, they'll extend it a little "
+"longer. And so on and so on. Nothing need ever escape into the public domain "
+"again, least of all Mickey Mouse."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:543
+msgid ""
+"Professor Lessig, Eric Eldred, I and lots of other otherwise sensible people "
+"in the United States thought that this did not actually conform to the grand "
+"idea of the perfectability of human beings through the sharing of "
+"information. We doubted that securing perpetual ownership a slice at a time "
+"was actually a form of encouraging the diffusion of science and the useful "
+"arts, and we suggested to the Supreme Court that on this basis alone, the "
+"Copyright Term Extension Act should fall.  We were, as Mr. McBride rightly "
+"points out, soundly repudiated."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:554
+msgid ""
+"It turns out that there's no such thing as an unconstitutional copyright "
+"rule, if Congress passes it, and if it observes the distinction between "
+"expression and idea, which the Supreme Court says is the constitutional "
+"guarantee that copyright does not violate the freedom of expression, and "
+"provided that fair use rights are adequately maintained."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:562
+msgid ""
+"In short, the actual holding of Eldred against Ashcroft is, Congress can "
+"make such copyright law as it wants, and all licenses issued under the "
+"presumptively constitutional copyright law are beyond constitutional "
+"challenge."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:569
+msgid ""
+"I have news for Mr. McBride. The existing copyright law is constitutional "
+"and our license, which fully observes all the requirements that the "
+"copyright law places upon it, are also presumptively constitutional. Only in "
+"the world in which we succeeded in Eldred against Ashcroft, in which if you "
+"like there would be substantive due process review of copyright licenses to "
+"see whether they met the form of copyright called for in Article 1 Section "
+"8, could Mr. McBride and friends even stand in a United States courtroom and "
+"argue that a copyrights license is unconstitutional."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:581
+msgid ""
+"Regrettably for Mr. McBride, in other words, we lost Eldred against "
+"Ashcroft, and the very claim he now wishes to make perished, along with some "
+"more worthwhile claims, at that moment, at least until such time as the "
+"Supreme Court changes the holding in Eldred against Ashcroft."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:589
+msgid ""
+"Mr. McBride takes a great deal of cold comfort from the pro-capitalist "
+"rhetoric in which Justice Ginsberg announced the decision of the Supreme "
+"Court.  And, as yet another disgruntled observer of Eldred against Ashcroft, "
+"I wish him luck with his cold comfort, but he and I were on the same side of "
+"that case, little as he knows it, and the legal arguments that he would now "
+"like to present unfortunately failed.  Mind you, even if he were allowed to "
+"present to the court the idea that copyright licenses should be judged for "
+"their squareness with constitutional policy, we would triumphantly prevail."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:601
+msgid ""
+"There is no copyright license in the United States today, I will lay this "
+"down without further demonstration but we can talk about it if you like, "
+"there is no copyright license in the United States today more fitting to "
+"Thomas Jefferson's idea of copyright or indeed to the conception of "
+"copyright contained in Article 1 Section 8, than ours.  For we are pursuing "
+"an attempt at the diffusion of knowledge and the useful arts which is "
+"already proving far more effective at diffusing knowledge than all of the "
+"profit-motivated proprietary software distribution being conducted by the "
+"grandest and best funded monopoly in the history of the world."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:614
+msgid ""
+"But, sorrily for us all, Mr. McBride will not get us to the stage where we "
+"are allowed to tell that to the United States Supreme Court, where we would "
+"prevail gloriously, because the United States Supreme Court's already "
+"decided that copyright law is presumptively constitutional as soon as "
+"Congressmen have taken the campaign contributions, held the vote, and passed "
+"the resulting gumball-like statute to the White House for the obligatory "
+"stamping.  But I welcome Mr.  McBride to the campaign for a less restrictive "
+"copyright in the United States, as soon as he actually figures out, from the "
+"legal point of view, which side his bread is buttered.  Unfortunately, as "
+"you all realize, we cannot hold our breaths waiting for enlightenment to "
+"strike.  If only Mr. McBride attended Harvard Law School."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:629
+msgid ""
+"That's, I think, enough about SCO, truly, though I am delighted to answer "
+"your questions in due course about it.  It's actually a copyright lawsuit "
+"desert.  There aren't any copyright claims in it.  There are some contract "
+"claims between IBM and SCO, and those will, in due course, be adjusted by "
+"the courts, and I look forward with a moderate degree of interest to the "
+"outcome.  A threat to the freedom of free software, it ain't.  One hell of a "
+"nuisance it most certainly is.  And I, unfortunately, expect to continue to "
+"spend a good deal of my time abating the nuisance, but without much sense of "
+"the presence of a hovering threat to the things I really care about, of "
+"which this is not a very good one."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:643
+msgid ""
+"So instead I want to talk about the legal future of free software as it "
+"actually is, rather than as Mr. McBride sees it, some titanic clash between "
+"the American way of life and whatever it is we're supposed to be.  I should "
+"say about that titanic clash between the American way of life and whoever we "
+"are that it rings familiar to me. Increasingly I listen to Mr.  McBride and "
+"I hear Mr. Ballmer, as perhaps you do as well.  That is to say, I treat SCO "
+"now as press agentry for the Microsoft monopoly, which has deeper pockets "
+"and a longer-term concern with what we are doing."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:655
+msgid ""
+"Microsoft's a very wealthy corporation, and it could succeed on a business "
+"model of software-as-a-public utility surrounded by services in the 21st "
+"century.  But for all the profound depth of Mr. Gates' mind, the idea of "
+"human freedom is one of those things which doesn't register very well with "
+"him.  And the idea of transforming his business into a service business, for "
+"reasons that are, I think, accessible to us all, doesn't appeal. Therefore, "
+"for the survival of the Microsoft monopoly, and I do actually mean its "
+"survival, the theory being presented by Mr. McBride that we are doing "
+"something horrid to the American way of life must prevail.  Regrettably for "
+"Microsoft, it won't, because what we are actually doing is more apparent to "
+"the world than that propagandistic view will allow for.  We at any rate have "
+"to go on about our business, which is encouraging the freedom of knowledge "
+"and in particular the freedom of technical knowledge, and in doing that, we "
+"have to confront the actual challenges presented to us by the world in which "
+"we live (which aren't SCO), and so for just a few more moments I want to "
+"talk about those."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:675
+msgid ""
+"Software is, in our phrase, free, libre.  That is to say, we now have a body "
+"of software accessible to everybody on earth so robust and so profound in "
+"its possibilities that we are a few man months away from doing whatever it "
+"is that anybody wants to do with computers all the time. And of course new "
+"things are constantly coming up that people would like to do and they are "
+"doing them.  In this respect &mdash; I say this with enormous satisfaction "
+"&mdash; in this respect the Free Software Movement has taken hold and is now "
+"ineradicably part of the 21st century. But there are challenges to the "
+"freedom of free software which we need to deal with."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:688
+msgid ""
+"Patent law, unlike copyright law, presents certain features which are "
+"egregious for the freedom of technical knowledge.  If the copyright law "
+"presents a workable form of the great 18th century ambition of the "
+"perfectability of human kind, the patent law regrettably does not.  This is "
+"not surprising, 18th century thinkers were a little dubious about the patent "
+"law as well.  They had a concern for statutory monopolies and a deep history "
+"of English law that made them worry about them very much. Patent law in the "
+"21st century is a collection of evil nuisances. There's no question about "
+"it.  And in the world of software where we exist, there are some "
+"particularly unfortunate characteristics of the way that the patent law "
+"works.  We are going to have to work hard to make sure that the legitimate "
+"scope of patent, which is present, but which is small, is not expanded by "
+"careless administrators any further in the course of the 21st century to "
+"cover the ownership of ideas merely because those ideas are expressed in "
+"computer programming languages rather than in, say, English or mathematics."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:708
+msgid ""
+"This is work for us, and it is work for us which a lot of smart lawyers are "
+"doing, but they are doing it around the world in various licenses and other "
+"legal structures connected with software in inconsistent ways.  And the "
+"inconsistency among the ways in which lawyers are attempting to cope with "
+"the threats posed to software by patents are a serious difficulty for us. We "
+"need to conduct a very high-level seminar in the next five years around the "
+"world over the relationship between patentability and free software ideas "
+"and get square for ourselves what license terms and ways of working minimize "
+"the risks posed by patents.  There is what I would characterize at the "
+"moment as a constructive diversity of views on that subject.  But the "
+"diversity will have to be thinned a little bit through an improvement of our "
+"thought processes if we are by the end of this decade to have done what we "
+"need to do in subduing the growth of inappropriate patenting and its effect "
+"on our particular form of human knowledge enhancement."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:727
+msgid ""
+"As you are aware, and as I am spending a year writing a book about, there "
+"are lots of other things going on in the Net about ownership.  Music and "
+"movies and various other forms of culture are being distributed better by "
+"children than by people that are being paid to do the work. Artists are "
+"beginning to discover that if they allow children to distribute art in a "
+"freehanded sort of way, they will do better than they do in the current "
+"slavery in which they are kept by the culture vultures, who do, it is true, "
+"make a good deal of money out of music, but they do so primarily by keeping "
+"ninety-four cents out of every dollar and rendering six to the musicians, "
+"which isn't very good for the musicians."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:741
+msgid ""
+"So there is a great deal of fuss going on about ownership in the Net, and "
+"since I care about more than just free software, I care about that fuss. I "
+"have a side over there too. But the important thing for us in the "
+"conversation we're presently having is that the owners of culture now "
+"recognize that if they are going to prop up their own methods of "
+"distribution, a method of distribution in which distribution is bought and "
+"sold and treated as property &mdash; and you can't distribute unless you pay "
+"for the right to do so &mdash; unless they can prop up that structure, they "
+"are done in their business models. And for them that requires something "
+"which I truly believe amounts to the military occupation of the Net. They "
+"have to control all the nodes in the Net and make sure that the bitstreams "
+"that pass through those nodes check in before they go some place that the "
+"right of distribution hasn't been bought or sold in order to permit that "
+"bitstream to go."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:758
+msgid ""
+"It is precisely because software is free, that the owners of culture have to "
+"occupy the hardware of the Net in order to make good their business "
+"model. Free software, like, for example, Ian Clark's Freenet or other forms "
+"of free software that engages in peer-to-peer sharing of data, or for that "
+"matter just free software like TCP/IP which is meant for sharing data, "
+"presents overwhelming obstacles to people who want every single bitstream to "
+"bear requirements of ownership and distribution inside it and to go only to "
+"the places that have paid to receive it.  The result is an increasing "
+"movement to create what is in truly Orwellian fashion referred to as trusted "
+"computing, which means computers that users can't trust.  In order to "
+"continue to move for the freedom of knowledge in 21st century society, we "
+"have to prevent trusted computing and its various ancillary details from "
+"constituting the occupation of the hardware of the Net, to prevent the "
+"hardware from running free software that shares information freely with "
+"people who want to share.  Beating the trusted computing challenge is a "
+"difficult legal problem, more difficult for the lawyer in dealing with "
+"licensing and the putting together of software products than the original "
+"problem presented by freeing free software in the first place.  This, more "
+"than the improvement of the free software distribution structure as we "
+"currently know it, is the problem most before my mind these days."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:783
+msgid ""
+"But I would take one more step with you to discuss the problem that lies "
+"behind the problem of free hardware.  We are living now in a world in which "
+"hardware is cheap and software is free, and if all the hardware continues to "
+"work pretty much the way it works now, our major problem will be that "
+"bandwidth is now treated in the world also as a product, rather than a "
+"public utility. And you are allowed to have, in general, as much bandwidth "
+"as you can pay for.  So then in the world in which we now exist, though "
+"hardware is cheap and software is free, there are major difficulties in "
+"disseminating knowledge and encouraging the diffusion of science and the "
+"useful arts, because people are too poor to pay for the bandwidth that they "
+"require in order to learn."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:798
+msgid ""
+"This arises from the fact that the electromagnetic spectrum too has been "
+"treated as property since the second quarter of the 20th century.  That was "
+"said to be technically necessary as a result of technical problems with "
+"interference that are no longer relevant in the world of intelligent "
+"devices.  The single greatest free software problem in the 21st century is "
+"how to return the electromagnetic spectrum to use by sharing rather than "
+"use-by-propertization. Here again, as you will notice, free software itself, "
+"free executable software, has a major role to play.  Because it is "
+"software-controlled radios, that is to say devices whose operating "
+"characteristics are contained in software and can be modified by their "
+"users, that reclaim the spectrum for shared rather than propertarian "
+"use. Here is the central problem that we will be dealing with, not at the "
+"end of this decade, but for the two or three decades that follow, as we seek "
+"to improve access to knowledge around the world for every human mind.  We "
+"will be dealing with the question of how to make the technical and legal "
+"tools under our control free the spectrum."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:818
+msgid ""
+"In attempting that trick, we will be confronting a series of owners far more "
+"powerful than Microsoft and Disney.  You need only consider the actual "
+"embedded power of the telecommunications oligopolists in the society around "
+"you to recognize just what an uphill battle that one will be.  That's the "
+"one that we must win if we are to approach the middle of the 21st century in "
+"a world in which knowledge is freely available to be shared by everybody.  "
+"We must see to it that everyone has a birthright in bandwidth, a sufficient "
+"opportunity to communicate, to be able to learn on the basis of access to "
+"all the knowledge that is there.  This is our greatest legal challenge. The "
+"freedom of the software layer in the Net is an essential component in that "
+"crusade. Our ability to prevent the devices that we use from being "
+"controlled by other people is an essential element in that campaign."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:835
+msgid ""
+"But in the end, it is our ability to unify all of the elements of the "
+"information society &mdash; software, hardware, and bandwidth &mdash; in "
+"shared hands, that is in our own hands, that determines whether we can "
+"succeed in carrying out the great 18th century dream, the one that is found "
+"in Article 1 Section 8 of the United States Constitution, the one that says "
+"that human beings and human society are infinitely improvable if only we "
+"take the necessary steps to set the mind free. That's where we are really "
+"going.  Mr. McBride's company's fate, whether it succeeds or fails, even the "
+"fate of the International Business Machine corporation, is small compared to "
+"that.  We are running a civil rights movement.  We're not trying to compete "
+"everybody out of business, or anybody out of business.  We don't care who "
+"succeeds or fails in the marketplace.  We have our eyes on the prize. We "
+"know where we are going: Freedom. Now."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:852
+msgid "Thank you very much."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:856
+msgid "I'm delighted to take your questions:"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:860
+msgid ""
+"<b>Zarren:</b> So, I've been asked by the media services people to make sure "
+"that when people ask their questions, if they could speak into the "
+"microphone, that would be good.  There's a little button that turns it on."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:867
+msgid ""
+"<b>Q:</b> I just wanted to ask a question clarifying and, well, "
+"anyway&hellip; You seem to, or not, have expressed a dichotomy between "
+"software and hardware, in the sense that software needs to be free, software "
+"is a utility, a public good.  Hardware you don't talk about so much.  And by "
+"hardware, initially I mean related to software but then generalizable to "
+"machines, just any kind of machine. How do you distinguish why should "
+"software be free and hardware not?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:877
+msgid ""
+"<b>Moglen:</b> The 21st century political economy is different from the past "
+"economic history of the human beings because the economy is full of goods "
+"that have zero marginal cost.  Traditional microeconomic reasoning depends "
+"upon the fact that goods in general have non-zero marginal cost.  It takes "
+"money to make, move, and sell each one. The availability of freedom for all "
+"in the world of bitstreams hinges on that non, on that zero marginal cost "
+"characteristic of digital information. It is because the marginal cost of "
+"computer software is zero that all we have to do is cover the fixed costs of "
+"its making in order to make it free to everybody, free not just in the sense "
+"of freedom, but also in the sense of beer."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:891
+msgid ""
+"Hardware, that is computers and, you know PDAs, as well as shoes and tables "
+"and bricks in the wall and even seats in a Harvard Law School classroom, has "
+"non-zero marginal cost.  And the traditional microeconomic reasoning still "
+"continues to apply to it in pretty much the way that it did for Adam Smith, "
+"David Ricardo, or Karl Marx.  Reasoning about hardware is, in that sense, "
+"like reasoning about the economy we grew up in and presents all of those "
+"questions of how you actually cover the costs of each new unit that the "
+"market is designed to help us solve.  It's precisely because so much of "
+"human knowledge and culture in the 21st century no longer participates in "
+"the traditional microeconomics of price, asymptotically reaching towards a "
+"non-zero marginal cost, that we experience so much opportunity to give "
+"people what they never had before.  And when I speak to you about the "
+"difference between hardware and software I'm implicitly observing the "
+"distinction between the traditional non-zero marginal cost economy and the "
+"wonderful and weird economics of bitstreams, in which the traditional "
+"microeconomic theory gives the right answers, but traditional microeconomic "
+"theorists don't like what they see when they do the chalk work."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:913
+msgid ""
+"<b>Q:</b> Would you then advocate to, in other words, because knowledge can "
+"be contained in hardware, and also hardware has this additional marginal "
+"cost, would you advocate every, that for instance, for every computer to "
+"come with chip diagrams so that the knowledge in the hardware is free while "
+"you can still collect on the marginal cost?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:921
+msgid ""
+"<b>Moglen:</b> Sure, it would be a very good idea, and if you watch and see "
+"what happens in the 21st century you'll see more and more manufacturers "
+"deciding to do precisely that, because of the value of empowered user "
+"innovation, which will drive down their costs of making new and better "
+"products all the time.  Indeed for reasons which are as obvious to "
+"manufacturers as they are to us, the softwarization of hardware in the 21st "
+"century is good for everybody.  I'm writing a little bit about that now.  I "
+"don't mean to plug a book, but wait a little bit and I'll try and show you "
+"what I actually think about all of that in a disciplined sort of way."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:934
+msgid ""
+"<b>Q:</b> I was wondering if the SCO lawsuit might be the first of what "
+"could become a series of lawsuits filed ad seriatim and in parallel against "
+"free software? And wanted to get your view on two possible types of lawsuits "
+"that could follow on the heels of SCO, regardless of whether SCO won or "
+"lost.  The first would be a lawsuit filed by a company that to its shock and "
+"amazement found that instead of its programmers hoping for their first "
+"house, working on the stuff they were supposed to work on by day, they were "
+"in fact spending most of their time Slashdot and the rest of their time "
+"coding free software, and then occasionally staying up late to do something "
+"for the old man. If those programmers have signed, which is typical, "
+"agreements with their company that says any software they write actually is "
+"property of the company, maybe even a work for hire, what is the prospect "
+"that a company could then say, Our code through that coder has been worked "
+"in to something like Linux, and it is now infringing unless we are paid "
+"damages? The second possible way in which you could see this kind of lawsuit "
+"come up would be, oddly enough, through the thirty-five year termination "
+"rule, something that normally would be heralded by people in your position, "
+"to say copyright law allows musicians and artists who stupidly signed "
+"agreements when they were but small peons, without legal assistance with big "
+"companies, thirty-five years later can take it all back, no matter "
+"what. They can reset the clock to zero and re- negotiate.  I call this the "
+"Rod Stewart Salvation Act. [laughter] And while that might be helpful for "
+"the artists, much as the music industry hates it, couldn't that also mean "
+"that free software coders, who willingly contributed, weren't even blocked "
+"by their employers, to contribute to Free Software Movement, could &mdash; "
+"down the line &mdash; and thirty-five years isn't that long in the history "
+"of Unix, say, &ldquo;We take it all back?&rdquo;"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:967
+msgid ""
+"<b>Moglen:</b> So, those are two very good questions.  If I answer each one "
+"of them fully, I'm going to take too long. Let me concentrate on the first "
+"one, because I think it's really quite important.  What Jonathan's question "
+"does is point out to you that the great legal issues in the freedom of free "
+"software have less to do with the license than with the process of assembly "
+"by which the original product is put together.  One of the legal "
+"consequences of the SCO affair is that people are going to start to pay "
+"closer attention all the time to how free software products are put "
+"together. They are going to discover that what really matters is how you "
+"deal with the questions of, for example, possible lurking work-for-hire "
+"claims against free software. They're going to discover that in this "
+"respect, too, Mr. Stallman was quite prescient, because they are going to "
+"recognize that the way they want their free software put together is the way "
+"the Free Software Foundation put it together since now more than twenty "
+"years. The way we're going, they're going to discover that they really would "
+"like to have it, is for each individual contribution of code to a free "
+"software project, if the guy who contributed the code was working in the "
+"industry, they would really like to have a work-for-hire disclaimer from the "
+"guy's employer, executed at the same time that the contribution was made.  "
+"And the filing cabinets at the Free Software Foundation are going to look to "
+"them like an oasis in a desert of possible problems. We saw that problem "
+"coming. We have tried in our act as stewards over a large part of the free "
+"software in the world to deal with it. People are going to want to have that "
+"up front for everything that they can possibly, and they're going to be much "
+"more reluctant to rely on software that wasn't assembled in those ways."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:998
+msgid ""
+"If you are thinking about working in the law of free software, and gosh, I "
+"hope you are, one of the things you might want to be thinking about working "
+"on is the software conservation trusts that are going to be growing up "
+"around this economy in the next five years.  I'll help you make one, or you "
+"can come to work in one of mine.  We're going to need to spend a lot of time "
+"doing work which is associated with trustees. We're going to be spending a "
+"lot of time making sure that things are put together and they are built "
+"well. And we are going to be doing that on behalf of a third-party insurance "
+"industry which is going to be growing up, is growing up before our very eyes "
+"now, which is learning that it really cares how the free software is "
+"assembled."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1012
+msgid ""
+"When you go to an insurance company and ask for fire insurance on your "
+"house, they don't want to know how your house is licensed. They want to know "
+"how your house is built. And the questions you are asking about how the free "
+"software is built are about to become really important questions. What will "
+"abate those lawsuits is that we did our work well or that we are doing our "
+"work well as lawyers, assisting programmers to put projects together in "
+"defensible ways that protect freedom."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1022
+msgid ""
+"Up until the day before yesterday, there were probably three lawyers on "
+"earth who cared a lot about that, and two of them are in this room.  There "
+"will be more in the near future. I will say quickly about your second "
+"question, Jonathan, that the problem presented is a serious problem, but, at "
+"least from my point of view, a manageable one, and I'm willing to talk more "
+"about why, but I think we ought to get more voices into the conversation."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1032
+msgid ""
+"<b>Q:</b> Without disputing the importance or difficulty of the spectrum "
+"battle, or the &hellip; clearly the copyright battle and progress is very "
+"immediate, but it seems to me that most worrisome right now is the patent "
+"battle that I expect to come next. Compared to that, the whole thing with "
+"SCO, well, SCO is a paper dragon, a hollow threat. Can you say anything "
+"about what you expect that battle to look like? And how it will be fought? "
+"How it can be?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1042
+msgid ""
+"<b>Moglen:</b> Sure. Patents are about politics. I thought that the "
+"pharmaceuticals companies did my side a favor by buying us 12 trillion "
+"dollars in free publicity in the last half decade by teaching every literate "
+"twelve year old on earth that &ldquo;intellectual property&rdquo; means "
+"people dying of preventable diseases because the drugs are too expensive "
+"because patents cover them."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1051
+msgid ""
+"Patents are politics. Patents are about how we distribute wealth over very "
+"long periods of time, in quite absolute ways. We're not going to have an "
+"answer to our patent problem which lies in courtrooms or in "
+"laboratories. We're going to have an answer to our patent problems which "
+"lies in the actual conduct of politics."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1059
+msgid ""
+"You saw the beginning of it this past summer when the European Parliament "
+"decided, in a very unusual move, to refuse, and to refuse promulgation to "
+"the European Commission's preferences with respect to changes in patent law "
+"in Europe regarding inventions practiceable in software."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1067
+msgid ""
+"The European Commission put forward a suggestion for change and "
+"harmonization in European patent law which would have made the issuance of "
+"patents for inventions practiceable in software very much easier. The "
+"European parliament after a lengthy campaign, led in part by the Free "
+"Software Movement in Europe &mdash; that's Euro Linux and the Free Software "
+"Foundation Europe and a lot of small software houses in Europe benefitting "
+"substantially from the new mode of software as a public utility &mdash; a "
+"campaign which involved in the end 250,000 petition signatories, the "
+"European Parliament decided to say no. And two parties, Greens and Social "
+"Democrats, in the European Parliament now understand that patent policy in "
+"Europe is a partisan issue. That is to say that there are sides, and that "
+"electoral politics and party organization can be conducted around those "
+"sides."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1083
+msgid ""
+"Our society is a much less aware one on that subject. For those of us who "
+"live here, the task of getting to the standard set for us by our colleagues "
+"in Europe this past summer is the first and most important challenge. We "
+"must make our Congressmen understand that patent law is not an "
+"administrative law subject to be decided in the <abbr title=\"Patent and "
+"Trademark Office\">PTO</abbr>, but a political subject to be decided by our "
+"legislators. We may have to restore actual democracy to the House of "
+"Representatives in the United States in order to make that possible, and "
+"there are many other aspects to the challenge involved."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1096
+msgid ""
+"But this is one of the primary respects in which technically sophisticated "
+"people in the United States are going to have to get wise to the mechanisms "
+"of politics, because we're not going to solve this in the Supreme Court, and "
+"we're not going to solve this in the work station. We are going to solve "
+"this in Congress, and we're going to have to build our muscles up for doing "
+"that."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1105
+msgid ""
+"<b>Q:</b> Related to that point, I'm curious, this isn't so much a legal "
+"point as a, maybe even a public relations point.  You opened up your talk by "
+"saying, This is about freedom not free beer.  But when you, I think, listen "
+"to people like Jack Valenti and the <abbr title=\"Recording Industry "
+"Association of America\">RIAA</abbr>, you know, and, Mr.  McBride, the "
+"constant drumbeat is of this idea of free beer and teaching kids that they "
+"can't steal from, you know, Big Music. How do you win that battle of public "
+"relations on the ground, which ultimately will have ramifications in "
+"Congress? How do you, how do you convey that message outside the technology "
+"community?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1118
+msgid ""
+"<b>Moglen:</b> Well, one of the things that I guess I would say about that "
+"is that English language fights us on it, right? One of the things that has "
+"happened over the course of time in our European environments, where the "
+"word for free in the sense of costless and the word for free in the sense of "
+"liberated are two different words, is that people have twigged to the "
+"distinction much more easily."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1127
+msgid ""
+"Software libre works nicely, or logiciel libre if you have to truckle to the "
+"Academie Francaise, in a way that free software doesn't at making that "
+"distinction. It was in part for that reason that some folks decided in the "
+"late 90's, that maybe they ought to try and find another phrase and settled "
+"on open source. That turned out to have more difficulties, I think, than "
+"benefits for the people who did it, though it now works very nicely as a way "
+"for business to identify its interest in what we do without committing "
+"itself to political or social philosophies that businessmen may not share or "
+"at any rate don't need to trumpet just in order to get their work done from "
+"day to day."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1140
+msgid ""
+"So one of the things that we do, for those who speak English, is we actually "
+"have to reinforce from time to time &mdash; that is all the time &mdash; the "
+"distinction between free beer and free speech. On the other hand those of us "
+"who live in the United States and speak English shouldn't have quite that "
+"much trouble because free speech is a way more important part of the "
+"American cultural landscape than free beer is. At least it was in the world "
+"that I grew up in, whatever Rupert Murdoch may want to say about it now."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1151
+msgid ""
+"We are the party of free speech, and we need to point out to people that if "
+"you allow anybody, including a well-dressed lobbyist of ancient, ancient "
+"vintage, to declare that a love of free speech is like taking a CD out of a "
+"record store under your arm, game's over. Not game about free software, but "
+"game about liberty and life in a free society."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1159
+msgid ""
+"We stand for free speech. We're the free speech movement of the moment.  And "
+"that we have to insist upon, all the time, uncompromisingly. My dear friend, "
+"Mr. Stallman, has caused a certain amount of resistance in life by going "
+"around saying, &ldquo;It's free software, it's not open source&rdquo;. He "
+"has a reason. This is the reason. We need to keep reminding people that "
+"what's at stake here is free speech. We need to keep reminding people that "
+"what we're doing is trying to keep the freedom of ideas in the 21st century, "
+"in a world where there are guys with little paste-it labels with price tags "
+"on it who would stick it on every idea on earth if it would make value for "
+"the shareholders. And what we have to do is to continue to reinforce the "
+"recognition that free speech in a technological society means technological "
+"free speech. I think we can do that. I think that's a deliverable message."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1176
+msgid ""
+"That's what I spend a good deal of my time doing, and while it's true that I "
+"bore people occasionally, at least I think I manage, more or less, to get "
+"the point across. We're just all going to have to be really assiduous about "
+"doing it."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1183
+msgid ""
+"<b>Q:</b> I'll ask a question. You talked a lot about distribution and how "
+"you think that ought to be free, and I think I see that argument much better "
+"than I see the argument about how creators of zero-marginal-cost "
+"distribution goods will necessarily be compensated for what they create, and "
+"so I've heard a lot of, I don't think these are any of your arguments, but "
+"I've heard, OK, well, that the musicians will go on tour, so they'll make it "
+"back that way, you know, whatever time they put in. Or people will keep "
+"creating whatever it is they create &mdash; and this applies to more than "
+"just, you know, movies or music &mdash; it applies to books, or even "
+"non-entertainment-style knowledge-type things, there's gotta be, you hear "
+"people will still do the same amount of it because they love to do it or are "
+"interested to do it, but I don't think that quite compensates for the "
+"compensation that many of those creators now receive. And so I was wondering "
+"if you would comment a little bit on how the free distribution world, which "
+"differs from the current world in that many of the current distribution "
+"regimes were created specifically only to compensate people, will differ in "
+"terms of compensating creators."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1205
+msgid ""
+"<b>Moglen:</b> I will say a little bit now, and in the interests of time "
+"also say that you can find in the Net where I put stuff which is at "
+"http://moglen.law.columbia.edu a paper called <a "
+"href=\"http://moglen.law.columbia.edu/publications/maine-speech.html\";> "
+"&ldquo;Freeing the Mind&rdquo;</a>, which addresses this question, I hope "
+"comprehensively, or at least a little bit. Now, let me give you an answer."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1215
+msgid ""
+"Historical perspective is useful here. Before Thomas Edison, there was no "
+"way for culture to be commodity. Every musician, every artist, every creator "
+"of anything before Thomas Edison was essentially in the business of doing "
+"what we now have go back to doing, except those who lived in a world of "
+"goods that could be distributed in print, for whom you only have to step "
+"back to before Gutenberg. Right?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1224
+msgid ""
+"The commoditization of culture is a phenomenon of yesterday, with respect to "
+"the deep history of human creativity. Whatever else we believe, and the "
+"problems are serious, we have to remind ourselves that there is no prospect "
+"that music would go away if it is ceased to be commodifiable. Music is "
+"always there. It always was."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1232
+msgid ""
+"What you are asking about is, why do people pay for the things they care "
+"about, in a way that will allow creators to go on making them? And the "
+"answer that I need to give you is that people pay out of the personal "
+"relationship that they have to the concept of making."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1239
+msgid ""
+"Musicians got paid by people who heard music, because they had a personal "
+"relationship to musicians. This is what you mean by going on tour or the "
+"Grateful Dead or anybody who uses the non-zero marginal cost of the theatre "
+"seat as a way of getting back, just as people merchandise as a way of "
+"getting back."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1247
+msgid ""
+"Think for a moment about the coffee house folk musician, the "
+"singer/songwriter. The simplest case in a way of the transformation of the "
+"music business. Here are people who are currently on tour 40, 45, 50 weeks a "
+"year.  What happens is, they go to places and they perform and at the back, "
+"CDs are on sale, but people don't buy those CDs as a kind of, you know, I "
+"would otherwise be stealing the music; they buy it the way they buy goods at "
+"a farmers market or a crafts fair, because of their personal relationship to "
+"the artist."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1258
+msgid ""
+"So let me tell you what I think the owners of culture were doing in the 20th "
+"century. It took them two generations from Edison to figure out what their "
+"business was, and it wasn't music and it wasn't movies. It was "
+"celebrity. They created very large artificial people, you know, with navels "
+"eight feet high. And then we had these fantasy personal relationships with "
+"the artificial big people. And those personal relationships were manipulated "
+"to sell us lots and lots of stuff &mdash; music and movies and T-shirts and "
+"toys and, you know, sexual gratification, and heavens knows what else. All "
+"of that on the basis of the underlying real economy of culture, which is "
+"that we pay for that which we have relations with. We are human beings, "
+"social animals.  We have been socialized and evolved for life in the band "
+"for a very long time. And when we are given things of beauty and utility "
+"that we believe in, we actually do support them."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1275
+msgid ""
+"You think that this isn't true, because the current skin at the top of "
+"social life says that that's not a robust enough mechanism to sustain "
+"creation, and that the only mechanism that will sustain creation is coercive "
+"exclusion &mdash; you can't have it, if you don't pay."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1282
+msgid ""
+"But they can't be historically right, because the ability to coerce "
+"effectively is a thing of yesterday. And the longer, deeper history of "
+"culture is the history of the non-coercive mechanisms for securing "
+"compensation to artists, only some of which we are now in a position to "
+"improve immeasurably."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1290
+msgid "<b>Q:</b> But what about the software writer?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1294
+msgid "<b>Moglen:</b> Ah, the software&hellip;"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1298
+msgid ""
+"<b>Q:</b> That's the kind of stuff I think I was more getting at with my "
+"question. So you have somebody who creates something useful but it has a "
+"zero distribution cost, and it's useful in a way that's not, not useful like "
+"celebrity, though I'm not sure, I don't think that's useful in some ways, "
+"but it's useful in the different sense that it takes a long time to create "
+"well."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1307
+msgid ""
+"<b>Moglen:</b> See, the programmers I worked with all my life thought of "
+"themselves as artisans, and it was very hard to unionize them. They thought "
+"that they were individual creators. Software writers at the moment have "
+"begun to lose that feeling, as the world proletarianizes them much more "
+"severely than it used to. They're beginning to notice that they're workers, "
+"and not only that, but if you pay attention to the Presidential campaign "
+"currently going on around us, they are becoming aware of the fact that they "
+"are workers whose jobs are movable in international trade."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1319
+msgid ""
+"We are actually doing more to sustain the livelihood of programmers than the "
+"proprietary people are. Mr. Gates has only so many jobs, and he will move "
+"them to where the programming is cheapest. Just you watch. We, on the other "
+"hand, are enabling people to gain technical knowledge which they can "
+"customize and market in the world where they live. We are making people "
+"programmers, right? And we are giving them a base upon which to perform "
+"their service activity at every level in the economy, from small to large."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1330
+msgid ""
+"There is programming work for fourteen-year-olds in the world now because "
+"they have the whole of GNU upon which to erect whatever it is that somebody "
+"in their neighbourhood wants to buy, and we are making enough value for the "
+"IBM corporation that it's worth putting billions of dollars behind."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1338
+msgid ""
+"If I were an employee of the IBM corporation right this moment, I would "
+"consider my job more secure where it is because of free software than if "
+"free software disappeared from the face of the earth, and I don't think most "
+"of the people who work at IBM would disagree with me."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1345
+msgid ""
+"Of all the people who participate in the economy of zero marginal cost, I "
+"think the programmers can see most clearly where their benefits lie, and if "
+"you just wait for a few more tens of thousands of programming jobs to go "
+"from here to Bangalore, they'll see it even more clearly."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1352
+msgid ""
+"<b>Q:</b> So, author writes software. The moment the software is fixed in a "
+"tangible medium, copyright attaches; others can't use it without further "
+"action by author. Author chooses to adopt the General Public License to "
+"govern what others can do with the software, and you made the intriguing "
+"point then that the General Public License gives, with certain limits, and "
+"that's why, you point out, nobody is really wanting to challenge it all that "
+"much because it would be a Pyrrhic challenge.  If you win and the license "
+"evaporates, then it rubber-bands back to the author.  That seems so "
+"persuasive, and almost proves too much, doesn't it? Because, suppose another "
+"author writes software, writes for now with the author and chooses to "
+"license it under the Grand Old Party License, by which only Republicans may "
+"make derivative works, and other, what would otherwise be "
+"copyright-infringing uses of the software. One, do you think such a license "
+"should be enforced by the courts? And two, couldn't you say the same logic "
+"would apply, that nobody would dare to challenge it because half a loaf is "
+"better than none? At least, let the Republicans use the software."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1373
+msgid ""
+"<b>Moglen: </b> So, fundamentally I think the question that you asked is, "
+"Has the law of copyright misuse evaporated entirely? And I think the answer, "
+"notwithstanding the Supreme Court's current deference to whatever Congress "
+"chooses to say, is no. I think there's still a common law of going too far "
+"out there, and as a lawyer who works on behalf of people who are fairly "
+"militant on behalf of sharing, I hear proposals all the time about stuff "
+"that they think it would be really neat to do that I don't think the "
+"copyright law, unalloyed by further contractualization will permit them to "
+"do."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1385
+msgid ""
+"I think the actual tool set of Berne-harmonized copyright law has certain "
+"limits on the power of the licensor, and I believe that those limits are "
+"capacious enough to allow us to create the kind of self-healing commons we "
+"have created, but I'm not sure that they would be strong enough to permit "
+"the importation of lots of additional contractualizing restrictions as "
+"though they were part of the body of copyright law itself."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1395
+msgid ""
+"Moreover I'm pretty sure that if you tried to do it and succeeded in one "
+"jurisdiction, you would find that the Berne Convention didn't actually "
+"export all of those propositions around the world for you, and that "
+"therefore you would have difficulty erecting a worldwide empire around the "
+"GPL Public License."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1403
+msgid ""
+"But I think you're correct to say another thing, which is that if there were "
+"a number of self-defending commons raised on different principles around the "
+"world, that that would create undesirable dead weight lawsuits, which is why "
+"I spend a fair amount of time trying to help people see why the GPL is good "
+"and doesn't require to be turned into the XPL and the YPL and the ZPL around "
+"the world. In fact I think in the next few years, we're going to have a "
+"greater consolidation of licenses, not a greater multiplication of them. But "
+"it's a conceptual issue of importance, and it depends upon the belief that "
+"copyright law all by itself permits some things and not others, and that you "
+"can only fill those gaps with the kind of contract law that we try not to "
+"use."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1417
+msgid ""
+"<b>Q:</b> Can you recommend any economists who have studied zero marginal "
+"cost economics?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1422
+msgid ""
+"<b>Moglen:</b> Well, see now, I sometimes joke with my dear colleague, "
+"Yochai Benkler at Yale Law School, that Yochai is well-positioned now to win "
+"the final Nobel Prize in economics. But I fear that that's not quite correct "
+"and that people are beginning to flood in. I have a little bit this sort of "
+"feeling that sooner or later I'm going to wake up and find out that in "
+"Stockholm they've decided to award a prize to guys for teaching economics "
+"that we have known for 25 years."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1432
+msgid ""
+"Eric von Hippel is doing very important work about that, if you want to take "
+"just people living in the neighborhood. We are beginning to get in our "
+"business schools a bunch of people who are actually trying to think about "
+"these questions, because they see billions of dollars being bet and in good "
+"business school tradition, they tend to figure out that what rich "
+"businessmen and their investors are thinking about is something they might "
+"want to pay attention to."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1442
+msgid ""
+"In the pure economics departments, unfortunately we remain a phenomenon too "
+"disquieting to consult just yet. But PhD students, of course, do not always "
+"do what their professors do, and my guess is that we are merely a few years "
+"away from the beginning of some rocket science on these subjects."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1450
+msgid ""
+"It's an enormous, beautiful opportunity for the revision of a field. Even in "
+"an economic, even in a discipline like economics, it is only so long that "
+"people can be prevented from working on really interesting problems. And the "
+"day is coming."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1457
+msgid ""
+"<b>Q:</b> Just a general question on market forces and the free software "
+"economy. Even in an ideal world, wouldn't you say that, you know, because of "
+"the market forces and then we, you know, a group of players become "
+"especially successful, then they actually &mdash; even though it's an ideal "
+"world &mdash; they actually become powerful enough and they monopolize under "
+"standards again, and we come back to the same system we have today.  So, I "
+"guess the question is that whether this product-type system economy we have, "
+"is that just a function of the structure we have, or is that, you know, a "
+"result of just market forces?"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1470
+msgid ""
+"<b>Moglen:</b> Well, the structure that we have constitutes what we call "
+"market forces.  I wouldn't want to take the position that the market was a "
+"Newtonian mechanism that existed in the universe independent of human social "
+"interaction."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1477
+msgid ""
+"Look, what we are doing is trying, through legal institutions directed at "
+"the protection of a commons, to prevent that commons from suffering "
+"tragedy. Because the content of that commons is capable of renewal and has "
+"zero marginal cost, the tragedy we're trying to prevent is not Garrett "
+"Hardin's one, which was based upon the inherent exhaustibility of natural "
+"resources of certain kinds. But there is no question that the commons that "
+"we are making is capable of being appropriated and destroyed in the ways "
+"that you suggest."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1488
+msgid ""
+"Those of us who believe in the GNU GPL as a particularly valuable license to "
+"use believe in that because we think that there are other licenses which too "
+"weakly protect the commons and which are more amenable to a form of "
+"appropriation that might be ultimately destructive &mdash; this is our "
+"concern with the freedoms presented, for example, by the BSD license &mdash; "
+"we are concerned that though the freedoms in the short term seem even "
+"greater, that the longterm result is more readily the one that you are "
+"pointing at, market participants who are free to propriatize the content of "
+"the commons may succeed in so effectively propriatizing it as to drive the "
+"commons out of use altogether, thus, if you like, killing the goose that "
+"laid the golden egg in the first place."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1503
+msgid ""
+"So, to some extent, I would say, avoidance of the tragedy of the commons in "
+"our world depends upon the structuring of the commons. Institutions alone, "
+"as I also pointed out earlier in this conversation however, commons "
+"resources need active management."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1510
+msgid ""
+"You, as a lawyer, will either engage in assisting to protect the commons or "
+"not protect the commons. This is a form of natural resources law for the "
+"21st century. It is about the recognition that no machine will go of itself, "
+"that it will require assistance to achieve its goals precisely in the way "
+"that you have in mind."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1518
+msgid ""
+"The best National Park Law on earth won't prevent the poaching of the park "
+"if there are not committed people willing to defend it. So you offer a "
+"general theory of the possibility of commons destruction and I agree with "
+"you. I say two things. We can design a better commons, and we can work our "
+"tails off to keep that commons in being healthy, strong and well. That's "
+"what I'm up to. That's what I hope you'll be up to as well."
+msgstr ""
+
+#. TRANSLATORS: Use space (SPC) as msgstr if you don't have notes.
+# type: Content of: <div>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1529
+msgid "*GNUN-SLOT: TRANSLATOR'S NOTES*"
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1536
+msgid ""
+"Please send FSF &amp; 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>."
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1546
+msgid ""
+"Please see the <a "
+"href=\"/server/standards/README.translations.html\">Translations README</a> "
+"for information on coordinating and submitting translations of this article."
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1553
+msgid ""
+"Copyright &copy; 2004 Eben Moglen <br /> Verbatim copying and distribution "
+"of this entire article is permitted in any medium without royalty provided "
+"this notice is preserved."
+msgstr ""
+
+#. TRANSLATORS: Use space (SPC) as msgstr if you don't want credits.
+# type: Content of: <div><div>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1563
+msgid "*GNUN-SLOT: TRANSLATOR'S CREDITS*"
+msgstr ""
+
+#.  timestamp start 
+# type: Content of: <div><p>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1565
+msgid "Updated:"
+msgstr ""
+
+# type: Content of: <div><h4>
+#: ../../philosophy/po/moglen-harvard-speech-2004.proto:1573
+msgid "Translations of this page"
+msgstr ""

Index: po/motif.pot
===================================================================
RCS file: po/motif.pot
diff -N po/motif.pot
--- /dev/null   1 Jan 1970 00:00:00 -0000
+++ po/motif.pot        4 Jul 2008 20:25:49 -0000       1.1
@@ -0,0 +1,183 @@
+# SOME DESCRIPTIVE TITLE
+# Copyright (C) YEAR Free Software Foundation, Inc.
+# This file is distributed under the same license as the PACKAGE package.
+# FIRST AUTHOR <address@hidden>, YEAR.
+#
+#, fuzzy
+msgid ""
+msgstr ""
+"Project-Id-Version: PACKAGE VERSION\n"
+"POT-Creation-Date: 2008-07-04 16:25-0400\n"
+"PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n"
+"Last-Translator: FULL NAME <address@hidden>\n"
+"Language-Team: LANGUAGE <address@hidden>\n"
+"MIME-Version: 1.0\n"
+"Content-Type: text/plain; charset=CHARSET\n"
+"Content-Transfer-Encoding: ENCODING"
+
+# type: Content of: <title>
+#: ../../philosophy/po/motif.proto:4
+msgid "The Motif License - GNU Project - Free Software Foundation (FSF)"
+msgstr ""
+
+# type: Content of: <h2>
+#: ../../philosophy/po/motif.proto:8
+msgid "The Motif License"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/motif.proto:10
+msgid ""
+"by <a href=\"http://www.stallman.org/\";><strong>Richard "
+"Stallman</strong></a>"
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/motif.proto:13
+msgid ""
+"A couple of weeks ago, the Open Group changed the license of Motif, inviting "
+"free software developers to use it.  However, the new Motif license does not "
+"fit either the definition of free software, or the looser definition of open "
+"source software."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/motif.proto:18
+msgid ""
+"Their announcement says they have released Motif to &ldquo;the open source "
+"community&rdquo;, but this is true only in an unnatural interpretation of "
+"the words.  They have not made Motif available within the free software "
+"community; instead, they have invited the people in the free software "
+"community to leave the community by using Motif."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/motif.proto:25
+msgid ""
+"I've written to the Open Group about this, asking them to change the "
+"license.  We can hope they will, but we can't assume it.  In the present "
+"circumstances, we have to treat Motif the same way we treated it before: not "
+"available for us.  Motif still cannot be part of a free operating system, "
+"and combining or linking someone else's GPL-covered code with Motif is still "
+"a violation of the GPL except in very special circumstances."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/motif.proto:33
+msgid ""
+"Fortunately there is a free software alternative to Motif, called LessTif.  "
+"Most programs that were written for Motif can use LessTif with no changes.  "
+"Please support the free software community by using LessTif rather than "
+"Motif.  Some finishing work still needs to be done on LessTif; to volunteer, "
+"contact <a href=\"mailto:address@hidden";> "
+"&lt;address@hidden&gt;</a>."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/motif.proto:40
+msgid "Here are some of the problems of the Motif license:"
+msgstr ""
+
+# type: Content of: <ul><li>
+#: ../../philosophy/po/motif.proto:42
+msgid ""
+"It claims that you accept the license merely by &ldquo;using&rdquo; Motif.  "
+"Only a shrink-wrap license or something similar can do that, and shrink-wrap "
+"licenses are a bad thing."
+msgstr ""
+
+# type: Content of: <ul><li>
+#: ../../philosophy/po/motif.proto:48
+msgid ""
+"The license is restricted to use on certain operating systems, those which "
+"fit a category they call &ldquo;open source&rdquo;.  Both the Free Software "
+"Movement and the Open Source Movement consider use restrictions "
+"unacceptable."
+msgstr ""
+
+# type: Content of: <ul><li>
+#: ../../philosophy/po/motif.proto:54
+msgid ""
+"Ironically, that restriction excludes nearly all the commercial GNU/Linux "
+"distributions.  They typically include some non-free software&mdash;an "
+"unfortunate policy&mdash;and hardly any of them fits the criterion specified "
+"in the Motif license."
+msgstr ""
+
+# type: Content of: <ul><li>
+#: ../../philosophy/po/motif.proto:60
+msgid ""
+"Their definition of the term &ldquo;open source&rdquo; is very different "
+"from the one used by the Open Source Movement, thus causing confusion."
+msgstr ""
+
+# type: Content of: <p>
+#: ../../philosophy/po/motif.proto:66
+msgid ""
+"In the Free Software Movement, we disagree with the Open Source Movement "
+"about basic philosophy and values.  (For more explanation, see <a "
+"href=\"/philosophy/open-source-misses-the-point.html\">open-source-misses-the-point.html</a>.)
  "
+"Nonetheless we can't approve of confusing the public about what their basic "
+"criteria are.  The facts of the situation are complex enough; confusing the "
+"issue is not welcome."
+msgstr ""
+
+#. TRANSLATORS: Use space (SPC) as msgstr if you don't have notes.
+# type: Content of: <div>
+#: ../../philosophy/po/motif.proto:77
+msgid "*GNUN-SLOT: TRANSLATOR'S NOTES*"
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/motif.proto:84
+msgid ""
+"Please send FSF &amp; 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>."
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/motif.proto:94
+msgid ""
+"Please see the <a "
+"href=\"/server/standards/README.translations.html\">Translations README</a> "
+"for information on coordinating and submitting translations of this article."
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/motif.proto:101
+msgid ""
+"Copyright &copy; 1997, 1998, 1999, 2007, 2008 Free Software Foundation, "
+"Inc.,"
+msgstr ""
+
+# type: Content of: <div><address>
+#: ../../philosophy/po/motif.proto:103
+msgid "51 Franklin St, Fifth Floor, Boston, MA 02110, USA"
+msgstr ""
+
+# type: Content of: <div><p>
+#: ../../philosophy/po/motif.proto:104
+msgid ""
+"Verbatim copying and distribution of this entire article is permitted in any "
+"medium without royalty provided this notice is preserved."
+msgstr ""
+
+#. TRANSLATORS: Use space (SPC) as msgstr if you don't want credits.
+# type: Content of: <div><div>
+#: ../../philosophy/po/motif.proto:112
+msgid "*GNUN-SLOT: TRANSLATOR'S CREDITS*"
+msgstr ""
+
+#.  timestamp start 
+# type: Content of: <div><p>
+#: ../../philosophy/po/motif.proto:114
+msgid "Updated:"
+msgstr ""
+
+# type: Content of: <div><h4>
+#: ../../philosophy/po/motif.proto:127
+msgid "Translations of this page"
+msgstr ""