[Lancaster] [Fwd: Re: Twitter]

[Richard Robinson]

On Sat, Feb 21, 2009 at 03:41:23PM +0000, mp wrote:
> Richard Robinson wrote:
> > On Sat, Feb 21, 2009 at 02:47:55PM +0000, mp wrote:
> >
> >> The GPL is precisely such a good example - not just for software -,
> >> because it treats individuals and the collective in a novel manner: the
> >> configuration between the individual and the collective is very
> >> different under the GPL from what it is like under exclusive, private
> >> property rights as they are known in the capitalist economy.
> > 
> > I disagree. The GPL is based entirely on existing copyright law. It's an
> > amusingly different take on what can be done with private property, but it
> > depends entirely on the concept that a piece of software _is_ property, such
> > that its owner gets to say what anyone else can do with it.
> 
> You say you disagree, but now how? I think we pretty much agree.
> 
> "based entirely on" is one way of putting it. It certainly rests on
> copyright, as it is a set of subclauses to it. But the very point of the
> GPL is that through the subclauses it reforms copyright, by essentially
> reconfiguring the relations between the individual and the collective.

Well, perhaps we're quibbling about details. But I'd say, it points out that
it's possible to do that using only the current understanding of property
rights. It doesn't assert any new rights or relationships, "just" widens our
understanding of what can be done using the existing ones.

> That is the subversive or transcendental character of the GPL. It is
> more than amusing and as of yet remains unexplained conceptually in
> mainstream, academic jurisprudence and legal theory.

Are you familiar with the writings of Eben Moglen ? I suspect he might not
agree.

http://moglen.law.columbia.edu

In particular, I'm thinking of the 2001 LinuxUser articles on 'Enforcing the
GPL'. But it's all good. His 'DotCommunist Manifesto' also makes me laugh.


-- 
Richard Robinson
"The whole plan hinged upon the natural curiosity of potatoes" - S. Lem