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UriHacohenFirstEssay 7 - 24 Nov 2014 - Main.UriHacohen
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| META TOPICPARENT | name="FirstEssay" |
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| | | Free Software
Viewing Free Software movement as advocating for the promotion of a legal regime based on the preservation of moral rights is far from being straightforward. First, there is no scale here, but freedoms. It seems that there is a fundamental distinction at the core level between the rational governing moral rights and Free Software. | |
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< | First, moral rights are focused in the creator intrinsic right in his creation where the Free Software community focuses on the public, and the need for open access. Second, it may be argued that while the main interest of the Creative Commons organization is distribution, the main concern of the Free Software community is modification and re-creation. This interest may be inferred from the fact that most of the Free Software Freedoms (1-3) deal with the rights to modify and to share the modified work. Moreover, this the reason for primordial need for the source code to be available. Even if moral rights are not part of the Free Software community’s agenda, it is still possible to find moral rights in Free Software licenses. For example, the right for attribution is there, whether governed by the communal rationalization of attributing modifications to the right programmer, or by the intrinsic right of the modifying programmer himself. The right for discloser is available (Freedom 2) and even the right for integrity, at least in the philosophical sense, by preserving distortion of the source code by failing into propertarian hands (Share Alike). | >
> | First, moral rights are focused in the creator intrinsic right in his creation where the Free Software community focuses on the public, and the need for open access. Second, it may be argued that while the main interest of the Creative Commons organization is distribution, the main concern of the Free Software community is modification and re-creation. This interest may be inferred from the fact that most of the Free Software Freedoms (1-3) deal with the rights to modify and to share the modified work. Moreover, this may be the reason for the primordial need for the source code to be available. Even if moral rights are not part of the Free Software community’s agenda, it is still possible to find moral rights in Free Software licenses. For example, the right for attribution is there, whether governed by the communal rationalization of attributing modifications to the right programmer, or by the intrinsic right of the modifying programmer himself. The right for discloser is available (Freedom 2) and even the right for integrity, at least in the philosophical sense, by preserving distortion of the source code by failing into propertarian hands (Share Alike). | | |
Conclusion | |
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< | Along side the declared objective of movements like the Free Software foundation and Creative Commons organization to promote free access and distribution, there is, in my belief, another objective of promoting moral rights. I think that this introduction of moral justification to the utilitarian based discourse in the United State is a valuable trend. I can only hope that with time, and proper education, creators will be more and more dependent on free goods and thus will be obliged legally (Share Alike) and/or morally to contribute their creations into the commons, while preserving the right for attribution. | >
> | Along side the declared objective of movements like the Free Software foundation and Creative Commons organization to promote free access and distribution, there is, in my belief another, even if incidental, objective of promoting moral rights. I think that this introduction of moral justification to the utilitarian based discourse in the United State is a valuable trend. I can only hope that with time, and proper education, creators will be more and more dependent on free goods and thus will be obliged legally (Share Alike) and/or morally to contribute their creations into the commons, while preserving the right for attribution. |
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