[net.legal] Software copying, royalties

macrakis@harvard.UUCP (Stavros Macrakis) (04/22/86)

	A Discussion of the Gnu Manifesto

The Gnu manifesto argues not only that it is a good thing to give
software away, but that it is a bad thing to require payment:

> Arrangements to make people pay for using a program,... always incur
> a tremendous cost to society through the cumbersome mechanisms
> necessary to figure out how much... a person must pay for.

... and many other arguments, which you can find in the `Gnu
Manifesto' section of the Gnu Emacs manual or the online Info for
Emacs.

I do not intend to try to refute the Gnu M; but let me open the
discussion of the relationship of copying costs and authors'
royalties.  Gnu M says:

> ...copyright did not exist in ancient times, when authors frequently
> copied other [non-fiction] authors....  This practice was useful....
> [For] books, which could be copied economically only on a printing
> press---it did little harm, and did not obstruct most [readers].

I would argue that it was the invention of relatively cheap copying
(i.e. printing) that caused copyright to become a good idea.  Rather
than try to argue this poorly, let me quote a paper of Herbert Simon
that I recently read:

  ... cheap copying processes [mean that] the cost of developing
  improvements need be paid only once.  Among the crucial events in
  human evolution have been ...advances in the technique of copying
  and storing information: (1) [DNA], (2) ... learning, (3)
  preservation of artifacts, (4) writing, and (5) printing....

  Direct copying of computer software has characteristics...quite
  different from any of these earlier copying techniques....

  In...any copyable technique, there is a problem of how the costs of
  developing improvements are to be recovered.  [Without] adequate
  opportunity for recovery, there will... be underinvestment in R&D.
  In a competitive economy, the problem becomes the more severe the
  less expensive and more rapid the copying process....

  ... The machine manufacturer can recover investments in [machine-
  dependent] software....  On the other hand, the improvements are
  then not used everywhere they might be, and competing manufacturers
  must duplicate development investments, both sources of
  misallocation of resources.

  ... programs [are] becoming more independent of hardware.  Hence,
  the more serious problem from a social point of view appears to be
  to secure a sufficiently high rate of investment in software
  development. ...

  One of the obvious consequences of cheaper copying is that there
  will be underinvestment in program improvement unless steps are
  taken to reward inventors of programs or to subsidize invention.... 

    Herbert Simon, Programs as Factors of Production, Proc. 19 Ann.
    Winter Meeting, 1966, Industrial Relations Research Assoc (1967):
    178-188, reprinted in Simon, Models of Bounded Rationality, vol.
    2, MIT Press, 1982.

One of Gnu M's counterarguments to this is:

> Actually, many people will program with absolutely no monetary incentive.
> Programming has an irresistible fascination for some people, usually the
> people who are best at it.  There is no shortage of professional musicians
> who keep at it even though they have no hope of making a living that way.

But this totally neglects the question of whether the programming they
are doing is the programming that is societally useful.

The point of the Gnu M that I find more central is the question of
reuse of software components.  Simon does not address this, nor in
fact does Gnu -- since they prohibit using components of Gnu in larger
projects which are themselves not royalty-free.

	-s

-- 
	-s


Stavros Macrakis		Macrakis@Harvard.{Harvard.EDU,ARPA,uucp,csnet}
Harvard Aiken Lab 111			@Harvunxh.bitnet
33 Oxford Street
Cambridge, MA 02138

colonel@ellie.UUCP (Col. G. L. Sicherman) (05/01/86)

> I do not intend to try to refute the Gnu M; but let me open the
> discussion of the relationship of copying costs and authors'
> royalties.  Gnu M says:
> 
> > ...copyright did not exist in ancient times, when authors frequently
> > copied other [non-fiction] authors....  This practice was useful....
> > [For] books, which could be copied economically only on a printing
> > press---it did little harm, and did not obstruct most [readers].
> 
> I would argue that it was the invention of relatively cheap copying
> (i.e. printing) that caused copyright to become a good idea.  Rather
> than try to argue this poorly, let me quote a paper of Herbert Simon
> that I recently read:

I distrust Simon; he always takes a stand.  The distinction between
book production and xerocopying is an important one: xerocopying
cannot be controlled.  It's so flexible that anybody can do it.
How many people own a printing press?

The system of copyright relied on the difficulty of copying for the
man in the street, compared to the ease of printing for the rightful
publisher.  And in spite of copyright, there have always been pirated
editions, and poor students who would copy books out in longhand.
Copyright was never perfect, but it was adequate.

Now that media technology has developed far enough so that
information can be copied easily and quickly, copyright cannot
be enforced; it gives the author no useful protection.  But there
are other, older forms of protection that still work well, such
as subscription.  In the electronic global village, publication
becomes an instantaneous, irrevocable act for the public benefit.
If the artist means to devote much work to his creation, he had
better arrange payment beforehand.
-- 
Col. G. L. Sicherman
UU: ...{rocksvax|decvax}!sunybcs!colonel
CS: colonel@buffalo-cs
BI: csdsicher@sunyabva