be too careful or too suspicious.
The signs offer an interesting thematic counterpoint to the growing number of visitors gathering in the hall’s interior atrium. A few look like NYU students. Most look like shaggy-aired concert-goers milling outside a music hall in anticipation of the main act. For one brief morning, the masses have taken over Warren Weaver Hall, leaving the nearby security attendant with nothing better to do but watch Ricki Lake on TV and shrug her shoulders toward the nearby auditorium whenever visitors ask about “the speech”.
Once inside the auditorium, a visitor finds the person who has forced this temporary shutdown of building security procedures. The person is Richard M. Stallman, founder of the GNU Project, original president of the Free Software Foundation, winner of the 1990 MacArthur Fellowship, winner of the Association of Computing Machinery’s Grace Murray Hopper Award (also in 1990), corecipient of the Takeda Foundation’s 2001 Takeda Award, and former AI Lab hacker. As announced over a host of hacker-related web sites, including the GNU Project’s own
The subject of Stallman’s speech is the history and future of the free software movement. The location is significant. Less than a month before, Microsoft senior vice president Craig Mundie appeared at the nearby NYU Stern School of Business, delivering a speech blasting the General Public License, or GPL, a legal device originally conceived by Stallman 16 years before. Built to counteract the growing wave of software secrecy overtaking the computer industry-a wave first noticed by Stallman during his 1980 troubles with the Xerox laser printer-the GPL has evolved into a central tool of the free software community. In simplest terms, the GPL locks software programs into a form of communal ownership-what today’s legal scholars now call the “digital commons”-through the legal weight of copyright. Once locked, programs remain unremovable. Derivative versions must carry the same copyright protection-even derivative versions that bear only a small snippet of the original source code. For this reason, some within the software industry have taken to calling the GPL a “viral” license, because it spreads itself to every software program it touches.[1]
In an information economy increasingly dependent on software and increasingly beholden to software standards, the GPL has become the proverbial “big stick”. Even companies that once laughed it off as software socialism have come around to recognize the benefits. Linux, the Unix-like kernel developed by Finnish college student Linus Torvalds in 1991, is licensed under the GPL, as are many of the world’s most popular programming tools: GNU Emacs, the GNU Debugger, the GNU C Compiler, etc. Together, these tools form the components of a free software operating system developed, nurtured, and owned by the worldwide hacker community. Instead of viewing this community as a threat, high-tech companies like IBM, Hewlett Packard, and Sun Microsystems have come to rely upon it, selling software applications and services built to ride atop the ever-growing free software infrastructure.
They’ve also come to rely upon it as a strategic weapon in the hacker community’s perennial war against Microsoft, the Redmond, Washington-based company that, for better or worse, has dominated the PC-software marketplace since the late 1980s. As owner of the popular Windows operating system, Microsoft stands to lose the most in an industry-wide shift to the GPL license. Almost every line of source code in the Windows colossus is protected by copyrights reaffirming the private nature of the underlying source code or, at the very least, reaffirming Microsoft’s legal ability to treat it as such. From the Microsoft viewpoint, incorporating programs protected by the “viral” GPL into the Windows colossus would be the software equivalent of Superman downing a bottle of Kryptonite pills. Rival companies could suddenly copy, modify, and sell improved versions of Windows, rendering the company’s indomitable position as the No. 1 provider of consumer-oriented software instantly vulnerable. Hence the company’s growing concern over the GPL’s rate of adoption. Hence the recent Mundie speech blasting the GPL and the “open source” approach to software development and sales. And hence Stallman’s decision to deliver a public rebuttal to that speech on the same campus here today.
20 years is a long time in the software industry. Consider this: in 1980, when Richard Stallman was cursing the AI Lab’s Xerox laser printer, Microsoft, the company modern hackers view as the most powerful force in the worldwide software industry, was still a privately held startup. IBM, the company hackers used to regard as the most powerful force in the worldwide software industry, had yet to to introduce its first personal computer, thereby igniting the current low-cost PC market. Many of the technologies we now take for granted-the World Wide Web, satellite television, 32-bit video-game consoles-didn’t even exist. The same goes for many of the companies that now fill the upper echelons of the corporate establishment, companies like AOL, Sun Microsystems, Amazon.com, Compaq, and Dell. The list goes on and on.
The fact that the high-technology marketplace has come so far in such little time is fuel for both sides of the GPL debate. GPL-proponents point to the short lifespan of most computer hardware platforms. Facing the risk of buying an obsolete product, consumers tend to flock to companies with the best long-term survival. As a result, the software marketplace has become a winner-take-all arena.[2] The current, privately owned software environment, GPL-proponents say, leads to monopoly abuse and stagnation. Strong companies suck all the oxygen out of the marketplace for rival competitors and innovative startups.
GPL-opponents argue just the opposite. Selling software is just as risky, if not more risky, than buying software, they say. Without the legal guarantees provided by private software licenses, not to mention the economic prospects of a privately owned “killer app” (i.e., a breakthrough technology that launches an entirely new market),[3] companies lose the incentive to participate. Once again, the market stagnates and innovation declines. As Mundie himself noted in his May 3 address on the same campus, the GPL’s “viral” nature “poses a threat” to any company that relies on the uniqueness of its software as a competitive asset. Added Mundie:
It also fundamentally undermines the independent commercial software sector because it effectively makes it impossible to distribute software on a basis where recipients pay for the product rather than just the cost of distribution.[4]
The mutual success of GNU/Linux, the amalgamated operating system built around the GPL-protected Linux kernel, and Windows over the last 10 years reveals the wisdom of both perspectives. Nevertheless, the battle for momentum is an important one in the software industry. Even powerful vendors such as Microsoft rely on the support of third-party software developers whose tools, programs, and computer games make an underlying software platform such as Windows more attractive to the mainstream consumer. Citing the rapid evolution of the technology marketplace over the last 20 years, not to mention his own company’s admirable track record during that period, Mundie advised listeners to not get too carried away by the free software movement’s recent momentum:
Two decades of experience have shown that an economic model that protects intellectual property and a business model that recoups research and development costs can create impressive economic benefits and distribute them very broadly.[4]
Such admonitions serve as the backdrop for Stallman’s speech today. Less than a month after their utterance, Stallman stands with his back to one of the chalk boards at the front of the room, edgy to begin.
