Free Software, Free Society: selected essays of Richard M. Stallman. 2nd edition.

These questions have been the challenge of Stallman’s life. Through his works and his words, he has pushed us to see the importance of keeping code “free.” Not free in the sense that code writers don’t get paid, but free in the sense that the control coders build be transparent to all, and that anyone have the right to take that control, and modify it as he or she sees fit. This is “free software”; “free software” is one answer to a world built in code.

“Free.” Stallman laments the ambiguity in his own term. There’s nothing to lament. Puzzles force people to think, and this term “free” does this puzzling work quite well. To modern American ears, “free software” sounds utopian, impossible. Nothing, not even lunch, is free. How could the most important words running the most critical machines running the world be “free.” How could a sane society aspire to such an ideal?

Yet the odd clink of the word “free” is a function of us, not of the term. “Free” has different senses, only one of which refers to “price.” A much more fundamental sense of “free” is the “free,” Stallman says, in the term “free speech,” or perhaps better in the term “free labor.” Not free as in costless, but free as in limited in its control by others. Free software is control that is transparent, and open to change, just as free laws, or the laws of a “free society,” are free when they make their control knowable, and open to change. The aim of Stallman’s “free software movement” is to make as much code as it can transparent, and subject to change, by rendering it “free.”

The mechanism of this rendering is an extraordinarily clever device called “copyleft” implemented through a license called GPL. Using the power of copyright law, “free software” not only assures that it remains open, and subject to change, but that other software that takes and uses “free software” (and that technically counts as a “derivative”) must also itself be free. If you use and adapt a free software program, and then release that adapted version to the public, the released version must be as free as the version it was adapted from. It must, or the law of copyright will be violated.

“Free software,” like free societies, has its enemies. Microsoft has waged a war against the GPL, warning whoever will listen that the GPL is a “dangerous” license. The dangers it names, however, are largely illusory. Others object to the “coercion” in GPL’s insistence that modified versions are also free. But a condition is not coercion. If it is not coercion for Microsoft to refuse to permit users to distribute modified versions of its product Office without paying it (presumably) millions, then it is not coercion when the GPL insists that modified versions of free software be free too.

And then there are those who call Stallman’s message too extreme. But extreme it is not. Indeed, in an obvious sense, Stallman’s work is a simple translation of the freedoms that our tradition crafted in the world before code. “Free software” would assure that the world governed by code is as “free” as our tradition that built the world before code.

For example: A “free society” is regulated by law. But there are limits that any free society places on this regulation through law: No society that kept its laws secret could ever be called free. No government that hid its regulations from the regulated could ever stand in our tradition. Law controls. But it does so justly only when visibly. And law is visible only when its terms are knowable and controllable by those it regulates, or by the agents of those it regulates (lawyers, legislatures).

This condition on law extends beyond the work of a legislature. Think about the practice of law in American courts. Lawyers are hired by their clients to advance their clients’ interests. Sometimes that interest is advanced through litigation. In the course of this litigation, lawyers write briefs. These briefs in turn affect opinions written by judges. These opinions decide who wins a particular case, or whether a certain law can stand consistently with a constitution.

All the material in this process is free in the sense that Stallman means. Legal briefs are open and free for others to use. The arguments are transparent (which is different from saying they are good) and the reasoning can be taken without the permission of the original lawyers. The opinions they produce can be quoted in later briefs. They can be copied and integrated into another brief or opinion. The “source code” for American law is by design, and by principle, open and free for anyone to take. And take lawyers do—for it is a measure of a great brief that it achieves its creativity through the reuse of what happened before. The source is free; creativity and an economy is built upon it.