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							|  | @ -569,7 +569,7 @@ and developer base. | |||
| \subsection{The Commercial Community} | ||||
| 
 | ||||
| By the same token, nearly all established GPL'd software systems have a | ||||
| vibrant commercial community. Nearly every GPL'd system that has gained | ||||
| vibrant commercial community.  Nearly every GPL'd system that has gained | ||||
| wide adoption from noncommercial users and developers eventually begins | ||||
| to fuel a commercial system around that software. | ||||
| 
 | ||||
|  | @ -581,34 +581,34 @@ it was deployed noncommercially in academic environments\footnote{See | |||
|     ``A bit of history and a bit of fun''}.  However, very | ||||
| soon for-profit companies discovered that the software could work for them | ||||
| as well, and their system administrators began to use it in place of | ||||
| Microsoft Windows NT file-servers. This served to lower the cost of | ||||
| Microsoft Windows NT file-servers.  This served to lower the cost of | ||||
| running such servers by orders of magnitude. There was suddenly room in | ||||
| Windows file-server budgets to hire contractors to improve Samba. Some of | ||||
| Windows file-server budgets to hire contractors to improve Samba.  Some of | ||||
| the first people hired to do such work were those same two graduate | ||||
| students who originally developed the software. | ||||
| 
 | ||||
| The noncommercial users, however, were not concerned when these two | ||||
| fellows began collecting paychecks off of their GPL'd work. They knew | ||||
| fellows began collecting paychecks off of their GPL'd work.  They knew | ||||
| that because of the nature of the GPL that improvements that were | ||||
| distributed in the commercial environment could easily be folded back into | ||||
| the standard version. Companies are not permitted to proprietarize | ||||
| the standard version.  Companies are not permitted to proprietarize | ||||
| Samba, so the noncommercial users, and even other commercial users are | ||||
| safe in the knowledge that the software freedom ensured by GPL will remain | ||||
| protected. | ||||
| 
 | ||||
| Commercial developers also work in concert with noncommercial | ||||
| developers. Those two now-long-since graduated students continue to | ||||
| developers.  Those two now-long-since graduated students continue to | ||||
| contribute to Samba altruistically, but also get paid work doing it. | ||||
| Priorities change when a client is in the mix, but all the code is | ||||
| contributed back to the standard version. Meanwhile, many other | ||||
| contributed back to the standard version.  Meanwhile, many other | ||||
| individuals have gotten involved noncommercially as developers, | ||||
| because they want to ``cut their teeth on Free Software,'' or because | ||||
| the problems interest them. When they get good at it, perhaps they | ||||
| the problems interest them.  When they get good at it, perhaps they | ||||
| will move on to another project, or perhaps they will become | ||||
| commercial developers of the software themselves. | ||||
| 
 | ||||
| No party is a threat to another in the GPL software scenario because | ||||
| everyone is on equal ground. The GPL protects rights of the commercial | ||||
| everyone is on equal ground.  The GPL protects rights of the commercial | ||||
| and noncommercial contributors and users equally. The GPL creates trust, | ||||
| because it is a level playing field for all. | ||||
| 
 | ||||
|  | @ -617,47 +617,47 @@ because it is a level playing field for all. | |||
| In his introduction to Stallman's \emph{Free Software, Free Society}, | ||||
| Lawrence Lessig draws an interesting analogy between the law and Free | ||||
| Software. He argues that the laws of a free society must be protected | ||||
| much like the GPL protects software. So that I might do true justice to | ||||
| much like the GPL protects software.  So that I might do true justice to | ||||
| Lessig's argument, I quote it verbatim: | ||||
| 
 | ||||
| \begin{quotation} | ||||
| 
 | ||||
| A ``free society'' is regulated by law. But there are limits that any free | ||||
| society places on this regulation through law: No society that kept its | ||||
| laws secret could ever be called free. No government that hid its | ||||
| laws secret could ever be called free.  No government that hid its | ||||
| regulations from the regulated could ever stand in our tradition. Law | ||||
| controls. But it does so justly only when visibly. And law is visible | ||||
| controls.  But it does so justly only when visibly.  And law is visible | ||||
| only when its terms are knowable and controllable by those it regulates, | ||||
| or by the agents of those it regulates (lawyers, legislatures). | ||||
| 
 | ||||
| This condition on law extends beyond the work of a legislature. Think | ||||
| about the practice of law in American courts. Lawyers are hired by their | ||||
| clients to advance their clients' interests. Sometimes that interest is | ||||
| This condition on law extends beyond the work of a legislature.  Think | ||||
| about the practice of law in American courts.  Lawyers are hired by their | ||||
| clients to advance their clients' interests.  Sometimes that interest is | ||||
| advanced through litigation. In the course of this litigation, lawyers | ||||
| write briefs. These briefs in turn affect opinions written by judges. | ||||
| These opinions decide who wins a particular case, or whether a certain law | ||||
| can stand consistently with a constitution. | ||||
| 
 | ||||
| All the material in this process is free in the sense that Stallman means. | ||||
| Legal briefs are open and free for others to use. The arguments are | ||||
| Legal briefs are open and free for others to use.  The arguments are | ||||
| transparent (which is different from saying they are good), and the | ||||
| reasoning can be taken without the permission of the original lawyers. | ||||
| The opinions they produce can be quoted in later briefs. They can be | ||||
| copied and integrated into another brief or opinion. The ``source code'' | ||||
| The opinions they produce can be quoted in later briefs.  They can be | ||||
| copied and integrated into another brief or opinion.  The ``source code'' | ||||
| for American law is by design, and by principle, open and free for anyone | ||||
| to take. And take lawyers do---for it is a measure of a great brief that | ||||
| it achieves its creativity through the reuse of what happened before. The | ||||
| it achieves its creativity through the reuse of what happened before.  The | ||||
| source is free; creativity and an economy is built upon it. | ||||
| 
 | ||||
| This economy of free code (and here I mean free legal code) doesn't starve | ||||
| lawyers. Law firms have enough incentive to produce great briefs even | ||||
| though the stuff they build can be taken and copied by anyone else. The | ||||
| lawyer is a craftsman; his or her product is public. Yet the crafting is | ||||
| lawyers.  Law firms have enough incentive to produce great briefs even | ||||
| though the stuff they build can be taken and copied by anyone else.  The | ||||
| lawyer is a craftsman; his or her product is public.  Yet the crafting is | ||||
| not charity. Lawyers get paid; the public doesn't demand such work | ||||
| without price. Instead this economy flourishes, with later work added to | ||||
| without price.  Instead this economy flourishes, with later work added to | ||||
| the earlier. | ||||
| 
 | ||||
| We could imagine a legal practice that was different---briefs and | ||||
| We could imagine a legal practice that was different --- briefs and | ||||
| arguments that were kept secret; rulings that announced a result but not | ||||
| the reasoning. Laws that were kept by the police but published to no one | ||||
| else. Regulation that operated without explaining its rule. | ||||
|  | @ -666,31 +666,31 @@ We could imagine this society, but we could not imagine calling it | |||
| ``free.''  Whether or not the incentives in such a society would be better | ||||
| or more efficiently allocated, such a society could not be known as free. | ||||
| The ideals of freedom, of life within a free society, demand more than | ||||
| efficient application. Instead, openness and transparency are the | ||||
| efficient application.  Instead, openness and transparency are the | ||||
| constraints within which a legal system gets built, not options to be | ||||
| added if convenient to the leaders. Life governed by software code should | ||||
| added if convenient to the leaders.  Life governed by software code should | ||||
| be no less. | ||||
| 
 | ||||
| Code writing is not litigation. It is better, richer, more | ||||
| productive. But the law is an obvious instance of how creativity and | ||||
| Code writing is not litigation.  It is better, richer, more | ||||
| productive.  But the law is an obvious instance of how creativity and | ||||
| incentives do not depend upon perfect control over the products | ||||
| created. Like jazz, or novels, or architecture, the law gets built | ||||
| created.  Like jazz, or novels, or architecture, the law gets built | ||||
| upon the work that went before. This adding and changing is what | ||||
| creativity always is. And a free society is one that assures that its | ||||
| creativity always is.  And a free society is one that assures that its | ||||
| most important resources remain free in just this sense.\footnote{This | ||||
| quotation is Copyright \copyright{} 2002, Lawrence Lessig. It is | ||||
| licensed under the terms of | ||||
| \texttt{http://creativecommons.org/licenses/by/1.0/}{the ``Attribution | ||||
| \href{http://creativecommons.org/licenses/by/1.0/}{the ``Attribution | ||||
| License'' version 1.0} or any later version as published by Creative | ||||
| Commons.} | ||||
| \end{quotation} | ||||
| 
 | ||||
| In essence, lawyers are paid to service the shared commons of legal | ||||
| infrastructure. Few citizens defend themselves in court or write their | ||||
| infrastructure.  Few citizens defend themselves in court or write their | ||||
| own briefs (even though they are legally permitted to do so) because | ||||
| everyone would prefer to have an expert do that job. | ||||
| 
 | ||||
| The Free Software economy is a market ripe for experts. It | ||||
| The Free Software economy is a market ripe for experts.  It | ||||
| functions similarly to other well established professional fields like the | ||||
| law. The GPL, in turn, serves as the legal scaffolding that permits the | ||||
| creation of this vibrant commercial and noncommercial Free Software | ||||
|  |  | |||
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	 Bradley M. Kuhn
						Bradley M. Kuhn