Free as in Freedom [Paperback]

Chapter 9. The GNU General Public License

By the spring of 1985, Richard Stallman had settled on the GNU Project’s first milestone—a Lisp-based free software version of Emacs. To meet this goal, however, he faced two challenges. First, he had to rebuild Emacs in a way that made it platform independent. Second, he had to rebuild the Emacs Commune in a similar fashion.

The dispute with UniPress had highlighted a flaw in the Emacs Commune social contract. Where users relied on Stallman’s expert insight, the Commune’s rules held. In areas where Stallman no longer held the position of alpha hacker—pre-1984 Unix systems, for example—individuals and companies were free to make their own rules.

The tension between the freedom to modify and the freedom to exert authorial privilege had been building before GOSMACS. The Copyright Act of 1976 had overhauled U.S. copyright law, extending the legal protection of copyright to software programs. According to Section 102(b) of the Act, individuals and companies now possessed the ability to copyright the “expression” of a software program but not the “actual processes or methods embodied in the program.”¹ Translated, programmers and companies had the ability to treat software programs like a story or song. Other programmers could take inspiration from the work, but to make a direct copy or nonsatirical derivative, they first had to secure permission from the original creator. Although the new law guaranteed that even programs without copyright notices ...