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Just because you're not able to do whatever you want with something doesn't necessarily mean you're restricted. Take traffic lights as a great example. One might argue that traffic lights restrict your freedom (because you can only drive through them when they're green), however, they actually maintain your freedom. Everyone could just say "to hell with traffic lights" and always proceed through red lights but obviously the end result would be that everyone would be crashing into everyone else and no one, then, would be free.
"But to claim that GPL'd software is "unencumbered" is false, unless it is released into the public domain, with no restrictions. That would be true "unencumbered" code."
Here's another example. I'm a painter and I'm commissioned by the city to repaint a federal building. Does this mean that when I'm finished I get to take the building home with me all for myself?
The GPL is "encumbered" only inasmuch as it disallows anyone to take for themselves only what belongs to the community as a whole. In this sense, the "encumbrance" actually stifles nothing but rather maintains the efforts and web of the OSS community, which is precisely why it has been so effective hitherto.
"But then that's a bit disingenuous, considering the GPL (for example) is touted as freedom for users. It's just another license, backed by law."
Take Iraq as another example. Surely you'd be free to walk down Haifa Street (now infamously known as Death Street) on any given day. But being that lawfulness is not being maintained, there's a very good chance you could be hurt or killed. Now should there ever come a day when Iraqi authorities are able to handle crime and violence effectively, no one would then claim that Iraqis are suddenly "encumbered" or restricted. In fact, precisely the opposite: now they are free to go about their business without fear or reluctance.
The GPL is backed by law the same way that committing homicide goes against the law. No one would argue that a potential murderer is restricted by laws against murder. Likewise, laws backing the GPL are there to maintain the GPL, not to needlessly restrict those that wish to use its license. Laws should always be used to maintain order, and not to restrict things in life. Alas, if only corporations and politicians respected that!
- Posted by: Jeff Spicoli Posted on: 10/19/05 You are currently: a Guest | Members login | Terms of Use
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