In the software industry, where 20 years can cover the entire life cycle of a marketplace, patents take on a strategic weight. Where companies such as Microsoft and Apple once battled over copyright and the “look and feel” of various technologies, today’s Internet companies use patents as a way to stake out individual applications and business models, the most notorious example being Amazon.com’s 2000 attempt to patent the company’s “one- click” online shopping process. For most companies, however, software patents have become a defensive tool, with cross-licensing deals balancing one set of corporate patents against another in a tense form of corporate detente. Still, in a few notable cases of computer encryption and graphic imaging algorithms, software vendors have successfully stifled rival technologies.
For Stallman, the software-patent issue dramatizes the need for eternal hacker vigilance. It also underlines the importance of stressing the political benefits of free software programs over the competitive benefits. Pointing to software patents’ ability to create sheltered regions in the marketplace, Stallman says competitive performance and price, two areas where free software operating systems such as GNU/Linux and FreeBSD already hold a distinct advantage over their proprietary counterparts, are red herrings compared to the large issues of user and developer freedom.
“It’s not because we don’t have the talent to make better software”, says Stallman. “It’s because we don’t have the right. Somebody has prohibited us from serving the public. So what’s going to happen when users encounter these gaps in free software? Well, if they have been persuaded by the open source movement that these freedoms are good because they lead to more-powerful reliable software, they’re likely to say, `You didn’t deliver what you promised. This software’s not more powerful. It’s missing this feature. You lied to me.’ But if they have come to agree with the free software movement, that the freedom is important in itself, then they will say, `How dare those people stop me from having this feature and my freedom too.’ And with that kind of response, we may survive the hits that we’re going to take as these patents explode”.
Such comments involve a hefty dose of spin, of course. Most open source advocates are equally, if not more, vociferous as Stallman when it comes to opposing software patents. Still, the underlying logic of Stallman’s argument-that open source advocates emphasize the utilitarian advantages of free software over the political advantages-remains uncontested. Rather than stress the political significance of free software programs, open source advocates have chosen to stress the engineering integrity of the hacker development model. Citing the power of peer review, the open source argument paints programs such as GNU/Linux or FreeBSD as better built, better inspected and, by extension, more trushworthy to the average user.
That’s not to say the term “open source” doesn’t have its political implications. For open source advocates, the term open source serves two purposes. First, it eliminates the confusion associated with the word “free”, a word many businesses interpret as meaning “zero cost”. Second, it allows companies to examine the free software phenomenon on a technological, rather than ethical, basis. Eric Raymond, cofounder of the Open Source Initiative and one of the leading hackers to endorse the term, effectively summed up the frustration of following Stallman down the political path in a 1999 essay, titled “Shut Up and Show Them the Code”:
RMS’s rhetoric is very seductive to the kind of people we are. We hackers are thinkers and idealists who readily resonate with appeals to “principle” and “freedom” and “rights”. Even when we disagree with bits of his program, we want RMS’s rhetorical style to work; we think it ought to work; we tend to be puzzled and disbelieving when it fails on the 95% of people who aren’t wired like we are.[4]
Included among that 95%, Raymond writes, are the bulk of business managers, investors, and nonhacker computer users who, through sheer weight of numbers, tend to decide the overall direction of the commercial software marketplace. Without a way to win these people over, Raymond argues, programmers are doomed to pursue their ideology on the periphery of society:
When RMS insists that we talk about “computer users’ rights”, he’s issuing a dangerously attractive invitation to us to repeat old failures. It’s one we should reject-not because his principles are wrong, but because that kind of language, applied to software, simply does not persuade anybody but us. In fact, it confuses and repels most people outside our culture.[4]
Watching Stallman deliver his political message in person, it is hard to see anything confusing or repellent. Stallman’s appearance may seem off-putting, but his message is logical. When an audience member asks if, in shunning proprietary software, free software proponents lose the ability to keep up with the latest technological advancements, Stallman answers the question in terms of his own personal beliefs. “I think that freedom is more important than mere technical advance”, he says. “I would always choose a less advanced free program rather than a more advanced nonfree program, because I won’t give up my freedom for something like that. My rule is, if I can’t share it with you, I won’t take it”.
Such answers, however, reinforce the quasi-religious nature of the Stallman message. Like a Jew keeping kosher or a Mormon refusing to drink alcohol, Stallman paints his decision to use free software in the place of proprietary in the color of tradition and personal belief. As software evangelists go, Stallman avoids forcing those beliefs down listeners’ throats. Then again, a listener rarely leaves a Stallman speech not knowing where the true path to software righteousness lies.
As if to drive home this message, Stallman punctuates his speech with an unusual ritual. Pulling a black robe out of a plastic grocery bag, Stallman puts it on. Out of a second bag, he pulls a reflective yellow computer disk and places it on his head. The crowd lets out a startled laugh.
“I am St. Ignucius of the Church of Emacs”, says Stallman, raising his right hand in mock-blessing. “I bless your computer, my child”.
The laughter turns into full-blown applause after a few seconds. As audience members clap, the computer disk on Stallman’s head catches the glare of an overhead light, eliciting a perfect halo effect. In the blink of an eye, Stallman goes from awkward
“Emacs was initially a text editor”, says Stallman, explaining the getup. “Eventually it became a way of life for many and a religion for some. We call this religion the Church of Emacs”.
The skit is a lighthearted moment of self-pardoy, a humorous return-jab at the many people who might see Stallman’s form of software asceticism as religious fanaticism in disguise. It is also the sound of the other shoe dropping-loudly. It’s as if, in donning his robe and halo, Stallman is finally letting listeners of the hook, saying, “It’s OK to laugh. I know I’m weird”.
