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Date:      Sat, 27 Jan 2001 15:22:55 +0100
From:      Rahul Siddharthan <rsidd@physics.iisc.ernet.in>
To:        Terry Lambert <tlambert@primenet.com>
Cc:        Nik Clayton <nik@FreeBSD.ORG>, Mike Smith <msmith@FreeBSD.ORG>, The Hermit Hacker <scrappy@hub.org>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Open Source Development Laboratory ...
Message-ID:  <20010127152254.D28709@lpt.ens.fr>
In-Reply-To: <200101270025.RAA09057@usr01.primenet.com>; from tlambert@primenet.com on Sat, Jan 27, 2001 at 12:25:53AM %2B0000
References:  <20010126143008.P68002@lpt.ens.fr> <200101270025.RAA09057@usr01.primenet.com>

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Terry Lambert said on Jan 27, 2001 at 00:25:53:
> > (2) The DVD DeCSS case.  The ability to play DVDs is as important to
> > the BSD's as to linux, and I think some of the defendants in that case
> > were actually using BSD systems.  But nearly all the "activism" seems
> > to come out of the linux camp.  Recently I read of an amicus curiae
> > brief (http://cryptome.org/mpaa-v-2600-bac.htm) signed by, among
> > others, Marvin Minsky, Brian Kernighan, and (on the linux/GNU side)
> > RMS and Andy Hertzfeld (Eazel).  Previously, other well-known linux
> > people like Alan Cox have spoken about and made contributions to this
> > case.  Correct me if I'm wrong, but I don't think a single well-known
> > BSD person has said anything in public about this case, either way.  
> 
> The prolem with the DVD code is that there is no packaged BSD
> version.
> 
> I think that BSD, despite the many people involved outside the U.S.
> is largely U.S.-provincial.
> 
> This is an important point, since outside the U.S., one is immune
> to U.S. law, and can openly defy it by packaginge code up, to the
> consternation of the U.S. authorities, and those pushing for them
> to act against transgressors -- largely U.S. commercial media and
> governmental organizations, with no teeth outside their own borders.
> 
> What a German hacker can do with impunity, a U.S. hacker will, in
> fact, find themselves legally entangled, at great expense.


Umm... DeCSS was written by a 16 year old in Norway, called Jon
Johansen (who, by the way, used both linux and FreeBSD), and just
about a year ago his home was raided by Norway's National Authority
for Investigation and Prosecution of Economic and Environmental Crime
at the instigation of the MPAA, he was questioned for 7 hours, his
computers were seized.  Later he took the witness stand at the DVD
trial in New York.  I just refreshed my memory on all this at the EFF
web page, 

http://www.eff.org/IP/Video/DeCSS_prosecutions/Johansen_DeCSS_case/

Take a look...

I remember reading even at that time that the OS he was primarily
using was FreeBSD, rather than Linux.  But it is the "linux community"
which was willing to take up the fight.


> > (3) The question of software patents in Europe.  I've seen this as part
> > of some signatures, and so on, on FreeBSD lists, but that's about it. 
> > The petition against it is housed at http://petition.eurolinux.org.
> 
> Similar reasoning applies here: European legislation has little
> impact on those already suffering under the U.S. equivalent.

That's pretty shortsighted.  A better attitude would be to think that
a strong anti-software-patent movement in Europe could strengthen
the movement which already exists in the US.  (By the way, did people
notice the news item about someone getting a trademark on the frownie,
:-(  ?)

> To me, these look like non-U.S. vs. U.S. Corporate interests
> fights.  In order to be involved against U.S. corporate interests,

Well, have it your way, but it is the US corporates which are lining
up behind linux...


> As far as I can tell, there is a general consensus in the BSD
> community that ESR, for example, is not much more than a self-made
> media phenomenon.  Many of us remember his promises about where
> the royalties for the published version of the JARGON.TXT file
> were going to go, which got us to contribute to his project, and
> are slow to forgive him.  But he _is_ a media phenomenon, now.
> 
> These people arise because they go find a parade, and then get out
> in front of it, with a baton.  It looks like people are following
> the guy with the baton.  If he isn't beaten into submission by
> the people behind him, who realize what he's doing, then he may
> actually attract other followers, and then he can set the future
> course the parade will take, and have the majority follow him, no
> matter who started the original parade, or even if it self-assembled
> because current conditions demanded one.

The point is, the parade did exist before ESR got out in front of it.
And it still exists even though ESR isn't making much noise nowadays.
Most important, to me, the issues the parade is trying to bring to
public focus really are important issues, whether you agree with
them or not.

> Actually, it;s a philosophical war, and BSD is sitting on the fence;
> it's no wonder it hasn't seen any action.

BSD's entire philosophy is to sit on the fence: that's basically the
usual justification for BSD style licensing, too.  It's very nice but
it doesn't inspire large numbers of people to go out and try to change
things...


Rahul


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