Path: gmdzi!unido!mcsun!hp4nl!star.cs.vu.nl!...@cs.vu.nl
From: a...@cs.vu.nl (Andy Tanenbaum)
Newsgroups: comp.os.minix
Subject: Money and the MINIX Centre
Message-ID: <7218@star.cs.vu.nl>
Date: 2 Aug 90 13:09:50 GMT
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Organization: Fac. Wiskunde & Informatica, VU, Amsterdam
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Posted: Thu Aug  2 14:09:50 1990

From: a...@cs.vu.nl (Andy Tanenbaum)
Newsgroups: comp.os.minix
Subject: MINIX Centre
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Now the second point: money.  There has been an enormous discussion
about the morality of making money from other people's work.  As a
university researcher, I find this a bit strange because I am constantly
publishing papers full of ideas which other people can, and sometimes do,'
adopt to create or enhance their products, which they sell for money.
Nobody around here finds that peculiar.

What strikes me as odd is that Richard Stallman has somehow convinced
people that the morally correct way to deal with a valuable and expensive-
to-produce-item (software) is to give it away free.  The underlying idea
for the whole discussion seems to be that this is a good and proper way
to run society.  I look at this from a different angle.

A number of years ago, an experiment was set up with two groups of people, 
similar in general background, age composition, educational background,
and other variables.  In group A, people were expected to contribute to
the general welfare of the group without getting any direct return.  In
group B, the making of money was permitted.  Although the final report
has not yet been filed, according to many knowledgeable observers, the
West Germans (group B) seem to be doing a lot better than the East Germans
(group A).

In this newsgroup, it almost seems the events of 1989 haven't happened, and
that capitalism is regarded as fundamentally evil.  Since I was a grad student
at Berkeley some years ago, I am well aware of this view, but I don't think
it has the worldwide appeal it had in, say, the 1960s.

The MINIX Centre and NLMUG and other groups seem to me to providing a useful
service.  They are putting together all the P-H MINIX stuff (for which they
have written permission from P-H), as well as useful things from the net and
offering it as a package to people who can buy it if they want it.  If they
were told they couldn't make a profit on it, they wouldn't do it and it
wouldn't happen.  I don't see how the world would be a better place by
forcing them to sell at cost, and thus inevitably having them close up shop.

People who post things knowing that 25000 people will get them, and another
1,000,000 could easily get them if they wanted to, can hardly complain that
they are personally being ripped off because somebody has noticed that there
are a lot of people without USENET access who are prepared (fully of their
own free will) to pay somebody to do all the dirty work of selecting the useful
stuff from the net and packaging it in a convenient form.  If they are
charging too much, somebody else will sneak in and undercut them.  Competition
and the existence of alternatives will keep things reasonable.

My conclusion is that capitalism is the worst system, except for all the others
that have been tried (to paraphrase Winston Churchill).  I don't see socialism
(i.e., FSF) as occupying the high moral ground here, not to mention the fact
that it is hardly workable on a large scale.  I think the proper moral
position should be to give people value for their money.  The idea that
information should somehow be free is just nonsense.  A substantial fraction
of the economy is based on selling information.

There is one remaining issue and that is the narrow legal one of whether or
not the information posted to USENET is copyrighted and what that implies.
I am not a lawyer, but I have talked to some, and it is my understanding
that "literary works" originating in countries that have ratified the Berne
Convention (including the U.S. as of 1989), a copyright notice is not required
to establish copyright.  However, the fact that you own the copyright does not
automatically mean that it is a criminal offence for someone else to reproduce
your copyrighted material.  What it does mean is that if you can show that
you have been damaged by someone's doing this, you can file a civil suit to
collect damages.  If you were planning to market product X, and for fun you
post it to USENET, and the MINIX Centre puts it in their package, and because
they have done this, you are unable to sell it, you could sue them for the
money their action has cost you.  But be prepared to prove how much you would
have made had they not infringed on your copyright.  And be prepared to
explain to the judge or jury why you thought that giving the work free to
the 1,000,000 people on USENET would not have affected your sales, whereas
the MINIX Centre's sale of 1000 copies was fatal to your business.

To make this point more concrete, William Stallings has written several
books that are closely modeled on my books.  Closely to the point that he
has plagiarized a number of figures absolutely verbatim from me (and also
from James Martin, ISO, and others).  He has also taken end-of-chapter
exercises and other things.  And he has done this consistently over
multiple books over a period of years.  This is apparently the way he works.

Prentice-Hall's lawyers are well-aware of this, and there is no question at
all about the factual copyright infringement.  The issue that comes up is
how much money P-H has lost due to the infringement.  If an author asks
permission to use a P-H figure in his book, P-H generally will agree and
ask for a small fee, so we could sue for nonpayment of P-H's usual fees
and almost certainly win, but the cost of the lawsuit has to be considered
too.

My point is that the courts do not view copyright as an absolute.  They see
it very much a question of whether the owner has suffered financial damage
by the infringement, and how much.  Even if the MINIX Centre's copying was
a technical infringement, I think the fact that the copyright owner made the
information available to a very large group for free and did not have any
clear plans for selling it would weigh very heavily against him in any suit.
Not to mention the fact that all the MINIX Centre was really doing was
providing non-USENET people the same information they would have had if they
had gotten onto the net (and paid the phone company instead of the MINIX
Centre for arranging the access to the information).  Whether the phone 
company's making a profit by arranging access to USENET information is any
different conceptually than the MINIX Centre's making a profit by arranging
access to the same information is an interesting question which I will leave
to the Business School's Ethics Squad.

Andy Tanenbaum (a...@cs.vu.nl)

Path: gmdzi!unido!mcsun!uunet!cs.utexas.edu!uwm.edu!bionet!ames!haven!
uvaarpa!murdoch!astsun9.astro.Virginia.EDU!gl8f
From: g...@astsun9.astro.Virginia.EDU (Greg Lindahl)
Newsgroups: comp.os.minix
Subject: Re: Money and the MINIX Centre
Message-ID: <1990Aug2.184038.10871@murdoch.acc.Virginia.EDU>
Date: 2 Aug 90 18:40:38 GMT
References: <7218@star.cs.vu.nl>
Sender: n...@murdoch.acc.Virginia.EDU
Organization: Department of Astronomy, University of Virginia
Lines: 50
Posted: Thu Aug  2 19:40:38 1990

In article <7...@star.cs.vu.nl> a...@cs.vu.nl (Andy Tanenbaum) writes:

>Now the second point: money.  There has been an enormous discussion
>about the morality of making money from other people's work.  As a
>university researcher, I find this a bit strange because I am constantly
>publishing papers full of ideas which other people can, and sometimes do,'
>adopt to create or enhance their products, which they sell for money.
>Nobody around here finds that peculiar.
>
>What strikes me as odd is that Richard Stallman has somehow convinced
>people that the morally correct way to deal with a valuable and expensive-
>to-produce-item (software) is to give it away free.

Actually, you and rms are closer than you think. You are allowed to
charge whatever you can get for distributing FSF programs. You are
allowed to charge whatever you can get for supporting FSF programs.
You just can't stop your customers from giving away the supported,
patched versions.

If someone wanted to do what the Minix Centre does for GNU stuff, it's
totally legal. And someone does: Cygnus Support, run by the guy who
wrote g++. In the final analysis, the only difference between GNU and
you is that you get a tiny royalty payment from Prentis-Hall for each
copy of Minix sold, and Minix owners can only give away Minix to a
small number of friends instead of all their friends.

Which system is better? Well, some of the stuff in Minix was written
by random people who received no royalties. Seems that they don't mind
that they were not paid royalties for their work.

> I don't see socialism (i.e., FSF) as occupying the high moral ground
> here, not to mention the fact that it is hardly workable on a large
> scale.

Given that the FSF encourages people to make money off their stuff in
certain ways, calling them "socialists" is very simplistic. Perhaps
this is the result of the Ronald Raygun era -- "Gee, they sure look
funny, they must be commie scum!"

I hope P-H decides to sue that asshole who's stealing your work, btw.
And I also hope that someday I'll be able to get a copy of the Amoeba
source without having to fork over big bucks, so I can just read it.
Knowing you, there will be some method, and I'm glad you make the
effort. But if the FSF were handling it, I'd be able to ftp it today.

(Please don't see this as a flame, I do appreciate your liberal stand
 concerning copyrights and Minix.)

--
"In fact you should not be involved in IRC." -- Phil Howard

Path: gmdzi!unido!mcsun!hp4nl!star.cs.vu.nl!ast
From: a...@cs.vu.nl (Andy Tanenbaum)
Newsgroups: comp.os.minix
Subject: Re: Money and the MINIX Centre
Message-ID: <7231@star.cs.vu.nl>
Date: 3 Aug 90 11:58:04 GMT
References: <7218@star.cs.vu.nl> 
<1990Aug2.184038.10871@murdoch.acc.Virginia.EDU>
Sender: n...@cs.vu.nl
Organization: Fac. Wiskunde & Informatica, VU, Amsterdam
Lines: 16
Posted: Fri Aug  3 12:58:04 1990

In article <1990Aug2.184038.10...@murdoch.acc.Virginia.EDU> 
g...@astsun9.astro.Virginia.EDU (Greg Lindahl) writes:
>And I also hope that someday I'll be able to get a copy of the Amoeba
>source without having to fork over big bucks, so I can just read it.
>Knowing you, there will be some method, and I'm glad you make the
>effort.

It will be available in source form by license (not by ftp) by the end of
this year.  A university source license for an unlimited number of machines
on one campus will certainly be well under $1000.  For comparison purposes,
I believe the current AT&T "free" license is something like $1200, and if
you want Berkeley stuff, add another few hundred.

We hope to sell it to commercial companies at a fair market price, to generate
some money to hire more people to work on it.

Andy Tanenbaum (a...@cs.vu.nl)