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@ -569,7 +569,7 @@ and developer base.
\subsection{The Commercial Community} \subsection{The Commercial Community}
By the same token, nearly all established GPL'd software systems have a 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 wide adoption from noncommercial users and developers eventually begins
to fuel a commercial system around that software. 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 ``A bit of history and a bit of fun''}. However, very
soon for-profit companies discovered that the software could work for them 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 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 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 the first people hired to do such work were those same two graduate
students who originally developed the software. students who originally developed the software.
The noncommercial users, however, were not concerned when these two 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 that because of the nature of the GPL that improvements that were
distributed in the commercial environment could easily be folded back into 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 Samba, so the noncommercial users, and even other commercial users are
safe in the knowledge that the software freedom ensured by GPL will remain safe in the knowledge that the software freedom ensured by GPL will remain
protected. protected.
Commercial developers also work in concert with noncommercial 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. 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 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, individuals have gotten involved noncommercially as developers,
because they want to ``cut their teeth on Free Software,'' or because 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 will move on to another project, or perhaps they will become
commercial developers of the software themselves. commercial developers of the software themselves.
No party is a threat to another in the GPL software scenario because 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, and noncommercial contributors and users equally. The GPL creates trust,
because it is a level playing field for all. 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}, In his introduction to Stallman's \emph{Free Software, Free Society},
Lawrence Lessig draws an interesting analogy between the law and Free Lawrence Lessig draws an interesting analogy between the law and Free
Software. He argues that the laws of a free society must be protected 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: Lessig's argument, I quote it verbatim:
\begin{quotation} \begin{quotation}
A ``free society'' is regulated by law. But there are limits that any free 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 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 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, only when its terms are knowable and controllable by those it regulates,
or by the agents of those it regulates (lawyers, legislatures). or by the agents of those it regulates (lawyers, legislatures).
This condition on law extends beyond the work of a legislature. Think 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 about the practice of law in American courts. Lawyers are hired by their
clients to advance their clients' interests. Sometimes that interest is clients to advance their clients' interests. Sometimes that interest is
advanced through litigation. In the course of this litigation, lawyers advanced through litigation. In the course of this litigation, lawyers
write briefs. These briefs in turn affect opinions written by judges. write briefs. These briefs in turn affect opinions written by judges.
These opinions decide who wins a particular case, or whether a certain law These opinions decide who wins a particular case, or whether a certain law
can stand consistently with a constitution. can stand consistently with a constitution.
All the material in this process is free in the sense that Stallman means. 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 transparent (which is different from saying they are good), and the
reasoning can be taken without the permission of the original lawyers. reasoning can be taken without the permission of the original lawyers.
The opinions they produce can be quoted in later briefs. They can be The opinions they produce can be quoted in later briefs. They can be
copied and integrated into another brief or opinion. The ``source code'' 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 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 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. 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 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 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 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 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 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. 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 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 the reasoning. Laws that were kept by the police but published to no one
else. Regulation that operated without explaining its rule. 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 ``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. 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 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 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. be no less.
Code writing is not litigation. It is better, richer, more Code writing is not litigation. It is better, richer, more
productive. But the law is an obvious instance of how creativity and productive. But the law is an obvious instance of how creativity and
incentives do not depend upon perfect control over the products 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 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 most important resources remain free in just this sense.\footnote{This
quotation is Copyright \copyright{} 2002, Lawrence Lessig. It is quotation is Copyright \copyright{} 2002, Lawrence Lessig. It is
licensed under the terms of 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 License'' version 1.0} or any later version as published by Creative
Commons.} Commons.}
\end{quotation} \end{quotation}
In essence, lawyers are paid to service the shared commons of legal 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 own briefs (even though they are legally permitted to do so) because
everyone would prefer to have an expert do that job. 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 functions similarly to other well established professional fields like the
law. The GPL, in turn, serves as the legal scaffolding that permits the law. The GPL, in turn, serves as the legal scaffolding that permits the
creation of this vibrant commercial and noncommercial Free Software creation of this vibrant commercial and noncommercial Free Software