I made a few more suggestions with little effect. About the only thing I could get out of Stallman was a concession that the e-book’s copyright restrict all forms of file sharing to “noncommercial redistribution”.
Before I signed off, Stallman suggested I tell the publisher that I’d promised Stallman that the work would be free. I told Stallman I couldn’t agree to that statement but that I did view the book as unfinishable without his cooperation. Seemingly satisfied, Stallman hung up with his usual sign-off line: “Happy hacking”.
Henning and I met with Tracy the next day. Tracy said her company was willing to publish copyable excerpts in a unencrypted format but would limit the excerpts to 500 words. Henning informed her that this wouldn’t be enough for me to get around my ethical obligation to Stallman. Tracy mentioned her own company’s contractual obligation to online vendors such as Amazon.com. Even if the company decided to open up its e-book content this one time, it faced the risk of its partners calling it a breach of contract. Barring a change of heart in the executive suite or on the part of Stallman, the decision was up to me. I could use the interviews and go against my earlier agreement with Stallman, or I could plead journalistic ethics and back out of the verbal agreement to do the book.
Following the meeting, my agent and I relocated to a pub on Third Ave. I used his cell phone to call Stallman, leaving a message when nobody answered. Henning left for a moment, giving me time to collect my thoughts. When he returned, he was holding up the cell phone.
“It’s Stallman”, Henning said.
The conversation got off badly from the start. I relayed Tracy’s comment about the publisher’s contractual obligations.
“So”, Stallman said bluntly. “Why should I give a damn about their contractual obligations?”
Because asking a major publishing house to risk a legal battle with its vendors over a 30,000 word e-book is a tall order, I suggested.
“Don’t you see?” Stallman said. “That’s exactly why I’m doing this. I want a signal victory. I want them to make a choice between freedom and business as usual”.
As the words “signal victory” echoed in my head, I felt my attention wander momentarily to the passing foot traffic on the sidewalk. Coming into the bar, I had been pleased to notice that the location was less than half a block away from the street corner memorialized in the 1976 Ramones song, “53rd and 3rd”, a song I always enjoyed playing in my days as a musician. Like the perpetually frustrated street hustler depicted in that song, I could feel things falling apart as quickly as they had come together. The irony was palpable. After weeks of gleefully recording other people’s laments, I found myself in the position of trying to pull off the rarest of feats: a Richard Stallman compromise.
When I continued hemming and hawing, pleading the publisher’s position and revealing my growing sympathy for it, Stallman, like an animal smelling blood, attacked.
“So that’s it? You’re just going to screw me? You’re just going to bend to their will?”
I brought up the issue of a dual-copyright again.
“You mean license”, Stallman said curtly.
“Yeah, license. Copyright. Whatever”, I said, feeling suddenly like a wounded tuna trailing a rich plume of plasma in the water.
“Aw, why didn’t you just fucking do what I told you to do!” he shouted.
I must have been arguing on behalf of the publisher to the very end, because in my notes I managed to save a final Stallman chestnut: “I don’t care. What they’re doing is evil. I can’t support evil. Good-bye”.
As soon as I put the phone down, my agent slid a freshly poured Guinness to me. “I figured you might need this”, he said with a laugh. “I could see you shaking there towards the end”.
I was indeed shaking. The shaking wouldn’t stop until the Guinness was more than halfway gone. It felt weird, hearing myself characterized as an emissary of “evil”. It felt weirder still, knowing that three months before, I was sitting in an Oakland apartment trying to come up with my next story idea. Now, I was sitting in a part of the world I’d only known through rock songs, taking meetings with publishing executives and drinking beer with an agent I’d never even laid eyes on until the day before. It was all too surreal, like watching my life reflected back as a movie montage.
About that time, my internal absurdity meter kicked in. The initial shaking gave way to convulsions of laughter. To my agent, I must have looked like a another fragile author undergoing an untimely emotional breakdown. To me, I was just starting to appreciate the cynical beauty of my situation. Deal or no deal, I already had the makings of a pretty good story. It was only a matter of finding a place to tell it. When my laughing convulsions finally subsided, I held up my drink in a toast.
“Welcome to the front lines, my friend”, I said, clinking pints with my agent. “Might as well enjoy it”.
If this story really were a play, here’s where it would take a momentary, romantic interlude. Disheartened by the tense nature of our meeting, Tracy invited Henning and I to go out for drinks with her and some of her coworkers. We left the bar on Third Ave., headed down to the East Village, and caught up with Tracy and her friends.
Once there, I spoke with Tracy, careful to avoid shop talk. Our conversation was pleasant, relaxed. Before parting, we agreed to meet the next night. Once again, the conversation was pleasant, so pleasant that the Stallman e-book became almost a distant memory.
When I got back to Oakland, I called around to various journalist friends and acquaintances. I recounted my predicament. Most upbraided me for giving up too much ground to Stallman in the preinterview negotiation. A former j-school professor suggested I ignore Stallman’s “hypocrite” comment and just write the story. Reporters who knew of Stallman’s media-savviness expressed sympathy but uniformly offered the same response: it’s your call.
I decided to put the book on the back burner. Even with the interviews, I wasn’t making much progress. Besides, it gave me a chance to speak with Tracy without running things past Henning first. By Christmas we had traded visits: she flying out to the west coast once, me flying out to New York a second time. The day before New Year’s Eve, I proposed. Deciding which coast to live on, I picked New York. By February, I packed up my laptop computer and all my research notes related to the Stallman biography, and we winged our way to JFK Airport. Tracy and I were married on May 11. So much for failed book deals.
During the summer, I began to contemplate turning my interview notes into a magazine article. Ethically, I felt in the clear doing so, since the original interview terms said nothing about traditional print media. To be honest, I also felt a bit more comfortable writing about Stallman after eight months of radio silence. Since our telephone conversation in September, I’d only received two emails from Stallman. Both chastised me for using “Linux” instead of “GNU/Linux” in a pair of articles for the web magazine Upside Today. Aside from that, I had enjoyed the silence. In June, about a week after the New York University speech, I took a crack at writing a 5,000-word magazine-length story about Stallman. This time, the words flowed. The distance had helped restore my lost sense of emotional perspective, I suppose.
In July, a full year after the original email from Tracy, I got a call from Henning. He told me that O’Reilly & Associates, a publishing house out of Sebastopol, California, was interested in the running the Stallman story as a biography. The news pleased me. Of all the publishing houses in the world, O’Reilly, the same company that had published Eric Raymond’s The Cathedral and the Bazaar, seemed the most sensitive to the issues that had killed the earlier e-book. As a reporter, I had relied heavily on the O’Reilly book Open Sources as a historical reference. I also knew that various chapters of the book, including a chapter written by Stallman, had been published with copyright notices that permitted redistribution. Such knowledge would come in handy if the issue of electronic publication ever came up again.