Then again, it is that same unwillingness to “pick up the sword”, on Torvalds part, that has left the door open for Stallman to bolster his reputation as the hacker community’s ethical arbiter. Despite his grievances, Stallman has to admit that the last few years have been quite good, both to himself and to his organization. Relegated to the periphery by the unforeseen success of GNU/Linux, Stallman has nonetheless successfully recaptured the initiative. His speaking schedule between January 2000 and December 2001 included stops on six continents and visits to countries where the notion of software freedom carries heavy overtones-China and India, for example.
Outside the bully pulpit, Stallman has also learned how to leverage his power as costeward of the GNU General Public License (GPL). During the summer of 2000, while the air was rapidly leaking out of the 1999 Linux IPO bubble, Stallman and the Free Software Foundation scored two major victories. In July, 2000, Troll Tech, a Norwegian software company and developer of Qt, a valuable suite of graphics tools for the GNU/Linux operating system, announced it was licensing its software under the GPL. A few weeks later, Sun Microsystems, a company that, until then, had been warily trying to ride the open source bandwagon without giving up total control of its software properties, finally relented and announced that it, too, was dual licensing its new OpenOffice application suite under the Lesser GNU Public License (LGPL) and the Sun Industry Standards Source License (SISSL).
Underlining each victory was the fact that Stallman had done little to fight for them. In the case of Troll Tech, Stallman had simply played the role of free software pontiff. In 1999, the company had come up with a license that met the conditions laid out by the Free Software Foundation, but in examining the license further, Stallman detected legal incompatibles that would make it impossible to bundle Qt with GPL-protected software programs. Tired of battling Stallman, Troll Tech management finally decided to split the Qt into two versions, one GPL-protected and one QPL-protected, giving developers a way around the compatibility issues cited by Stallman.
In the case of Sun, they desired to play according to the Free Software Foundation’s conditions. At the 1999 O’Reilly Open Source Conference, Sun Microsystems cofounder and chief scientist Bill Joy defended his company’s “community source” license, essentially a watered-down compromise letting users copy and modify Sun-owned software but not charge a fee for said software without negotiating a royalty agreement with Sun. A year after Joy’s speech, Sun Microsystems vice president Marco Boerries was appearing on the same stage spelling out the company’s new licensing compromise in the case of OpenOffice, an office-application suite designed specifically for the GNU/Linux operating system.
“I can spell it out in three letters”, said Boerries. “GPL”.
At the time, Boerries said his company’s decision had little to do with Stallman and more to do with the momentum of GPL-protected programs. “What basically happened was the recognition that different products attracted different communities, and the license you use depends on what type of community you want to attract”, said Boerries. “With [OpenOffice], it was clear we had the highest correlation with the GPL community”.[1]
Such comments point out the under-recognized strength of the GPL and, indirectly, the political genius of man who played the largest role in creating it. “There isn’t a lawyer on earth who would have drafted the GPL the way it is”, says Eben Moglen, Columbia University law professor and Free Software Foundation general counsel. “But it works. And it works because of Richard’s philosophy of design”.
A former professional programmer, Moglen traces his pro bono work with Stallman back to 1990 when Stallman requested Moglen’s legal assistance on a private affair. Moglen, then working with encryption expert Phillip Zimmerman during Zimmerman’s legal battles with the National Security Administration, says he was honored by the request. “I told him I used Emacs every day of my life, and it would take an awful lot of lawyering on my part to pay off the debt”.
Since then, Moglen, perhaps more than any other individual, has had the best chance to observe the crossover of Stallman’s hacker philosophies into the legal realm. Moglen says the difference between Stallman’s approach to legal code and software code are largely the same. “I have to say, as a lawyer, the idea that what you should do with a legal document is to take out all the bugs doesn’t make much sense”, Moglen says. “There is uncertainty in every legal process, and what most lawyers want to do is to capture the benefits of uncertainty for their client. Richard’s goal is the complete opposite. His goal is to remove uncertainty, which is inherently impossible. It is inherently impossible to draft one license to control all circumstances in all legal systems all over the world. But if you were to go at it, you would have to go at it his way. And the resulting elegance, the resulting simplicity in design almost achieves what it has to achieve. And from there a little lawyering will carry you quite far”.
As the person charged with pushing the Stallman agenda, Moglen understands the frustration of would-be allies. “Richard is a man who does not want to compromise over matters that he thinks of as fundamental”, Moglen says, “and he does not take easily the twisting of words or even just the seeking of artful ambiguity, which human society often requires from a lot of people”.
Because of the Free Software Foundation’s unwillingness to weigh in on issues outside the purview of GNU development and GPL enforcement, Moglen has taken to devoting his excess energies to assisting the Electronic Frontier Foundation, the organization providing legal aid to recent copyright defendants such as Dmitri Skylarov. In 2000, Moglen also served as direct counsel to a collection of hackers that were joined together from circulating the DVD decryption program deCSS. Despite the silence of his main client in both cases, Moglen has learned to appreciate the value of Stallman’s stubbornness. “There have been times over the years where I’ve gone to Richard and said, `We have to do this. We have to do that. Here’s the strategic situation. Here’s the next move. Here’s what he have to do.’ And Richard’s response has always been, `We don’t have to do anything.’ Just wait. What needs doing will get done”.
“And you know what?” Moglen adds. “Generally, he’s been right”.
Such comments disavow Stallman’s own self-assessment: “I’m not good at playing games”, Stallman says, addressing the many unseen critics who see him as a shrewd strategist. “I’m not good at looking ahead and anticipating what somebody else might do. My approach has always been to focus on the foundation, to say `Let’s make the foundation as strong as we can make it.’”
The GPL’s expanding popularity and continuing gravitational strength are the best tributes to the foundation laid by Stallman and his GNU colleagues. While no longer capable of billing himself as the “last true hacker”, Stallman nevertheless can take sole credit for building the free software movement’s ethical framework. Whether or not other modern programmers feel comfortable working inside that framework is immaterial. The fact that they even have a choice at all is Stallman’s greatest legacy.