[fsug-bangalore] Know Known

[Ramanraj K]

Ramakrishnan Muthukrishnan wrote:

> || On Thu, 10 Jun 2004 17:28:42 +0530
> || Ramanraj K <ramanraj at md4.vsnl.net.in> wrote: 
>
> ramanraj> The moral dilemma was pointed out by Suraj also.  If the company you
> ramanraj> work for releases all the code written under the GPL or like free
> ramanraj> license but charges for customisation or providing other services like
> ramanraj> installation and maintenance, this issue vanishes.  I guess this issue
>
>No, they don't. And I don't think they ever will.
>
Only hard options are available in such cases. If _all_ software 
developers insist upon the right and freedom to use the code they 
themselves write, in their own interest, and for others, then the 
companies will learn to live with the reality and necessity of the free 
software philosophy.  

I cannot say, " I am strictly professional, and for my living, I work 
for MS in the morning to earn my living, but in the evening I spend time 
working on FSF and even make contributions".  It is perfectly lawful to 
say and do such a thing but morally most untenable.  Please reject such 
arguments, because philosophies behind free and non-free code mutually 
negate each other, and one has to choose between the two.  As more 
companies start accepting free software philosophy [Novell for 
instance], better options will open up, forcing the old order to accept 
the new order.

Until then, however, note that an author and his work are inseparable, 
and Section 57 of the Copyright Act gives special rights to authors, 
that includes authors of computer programs.

<quote>
Section 57.  Author's special right.- (1) Independently of the author's 
copyright and even after the assignment either wholly or partially of 
the said copyright, the author of a work shall have the right -
(a) to claim authorship of the work; and
(b) to restrain or claim damages in respect of any distortion, 
mutilation, modification or other act in relation to  the said work 
which is done before the expiration of the term of copyright if such 
distortion, mutilation, modification or other act would be prejudicial 
to his honour or reputation:

Provided that the author shall not have any right to restrain or claim 
damages in respect of any adaptation of a computer programme to which 
clause (aa) of sub-section (1) of section 52 applies.

Explanation.- Failure to display a work or to display it to the 
satisfaction of the author shall not be deemed to be an infringement of 
the rights conferred by this section.

(2)  The right conferred upon an author of a work by sub-section (1), 
other than the right to claim authorship of the work, may be exercised 
by the legal representatives of the author.
</quote>

Note: Section 52 relates to fair use of copyright works.

If your company does not release the code you write under the GPL, then 
atleast, for the time being exercise your rights under section 57(1) to 
the fullest extent possible.  Include in the CV details about the 
computer programs you have written for others.  Please to make it known 
that you wish that your code was released under the GPL so that you 
yourself could use the same with freedom in the future, and also allow 
others to use them.  If a company deliberately introduces bugs in 
computer programs so that it can force other to buy a higher bug free 
version, exercise of the very valuable right under Section 57(2) will 
greatly help stop the illegal mutilation.  

It is only a question of time before which software will mean only free 
software, and until then, these issues may raise concerns in the 
interest of the moral well being of software developers.

> ramanraj> is part of `advocacy' for free software and indicates that more
> ramanraj> advocacy is needed in India.  A meaningful campaign from all possible
> ramanraj> directions need to be kept up until `software' means only `free
> ramanraj> software'.
>
>It's very difficult to convince indian companies. I had a short experience talking
>to one of the officials of a 'billion-dollar Indian company' afew months back. Even
>after repeatedly reminding him of the facts about free software and also admitting
>his own mistakes, he refused to use the term 'free software', and I ended my 
>conversation there.
>
They will change their ways to survive.

Regards,
Ramanraj.