Eben Moglen | |
|---|---|
 | |
| Born | July 13, 1959 |
| Education | Swarthmore College (BA) Yale University (MPhil, JD) |
| Occupation(s) | Professor of Law and Legal history at Columbia University, Director-Counsel and Chairman, Software Freedom Law Center |
| Website | moglen |
Eben Moglen (born July 13, 1959) is an American legal scholar who is professor of law and legal history at Columbia University, and is the founder, Director-Counsel and Chairman of Software Freedom Law Center.
Moglen started out as a computer programming language designer [1] and then received his bachelor's degree from Swarthmore College in 1980. In 1985, he received a Master of Philosophy in history and a JD from Yale University. He has held visiting appointments at Harvard University, Tel Aviv University and the University of Virginia since 1987.
He was a law clerk to Justice Thurgood Marshall (1986–87 term). He joined the faculty of Columbia Law School in 1987, and was admitted to the New York bar in 1988. [2] He received a Ph.D. in history from Yale University in 1993. Moglen serves as a director of the Public Patent Foundation.
Moglen was part of Philip Zimmermann's defense team, when Zimmermann was being investigated over the export of Pretty Good Privacy, a public key encryption system, under US export laws. [3]
In 2003 he received the EFF Pioneer Award. In February 2005, he founded the Software Freedom Law Center.
Moglen was closely involved with the Free Software Foundation, serving as general counsel from 1994 to 2016 and board member from 2000 to 2007. As counsel, Moglen was tasked with enforcing the GNU General Public License (GPL) on behalf of the FSF, [4] and later became heavily involved with drafting version 3 of the GPL. On April 23, 2007 he announced in a blog post that he would be stepping down from the board of directors of the Free Software Foundation. Moglen stated that after the GPLv3 Discussion Draft 3 had been released, he wanted to devote more time to writing, teaching, and the Software Freedom Law Center. [5]
In February 2011, Moglen created the Freedom Box Foundation to design software for a very small server called the FreedomBox. The FreedomBox aims to be an affordable personal server which runs only free software, with a focus on anonymous and secure communication. [6] [7] FreedomBox launched version 0.1 in 2012. [8]
In October 2023 the Free Software Foundation Europe and Software Freedom Conservancy announced their intention to end their cooperation with the Software Freedom Law Center and with Moglen following allegations of abusive behaviour towards employees and community members. [9] [10]
The same day, Bradley M. Kuhn publicly accused Moglen of being an abusive employer and of hostility toward the LGBTQIA+ community, stating that the Software Freedom Law Center is no longer a safe space and that he's often worried about Moglen's students. [11]
Such behaviours have also been documented since 2017 by Matthew Garrett. [12]
Moglen says that free software is a fundamental requirement for a democratic and free society in which we are surrounded by and dependent upon technical devices. Only if controlling these devices is open to all via free software, can we balance power equally. [13]
Moglen believes the idea of proprietary software is as ludicrous as having "proprietary mathematics" or "proprietary geometry". This would convert the subjects from "something you can learn" into "something you must buy", he has argued. He points out that software is among the "things which can be copied infinitely over and over again, without any further costs".[ citation needed ]
Moglen's Metaphorical Corollary to Faraday's Law is the idea that the information appearance and flow between the human minds connected via the Internet works like electromagnetic induction. Hence Moglen's phrase "Resist the resistance!" (i.e. remove anything that inhibits the flow of information). [14]
Moglen has criticized what he calls the "reification of selfishness". He has said, "A world full of computers which you can't understand, can't fix and can't use (because it is controlled by inaccessible proprietary software) is a world controlled by machines."[ citation needed ]
He has called on lawyers to help the Free Software movement, saying: "Those who want to share their code can make products and share their work without additional legal risks." He urged his legal colleagues, "It's worth giving up a little in order to produce a sounder ecology for all. Think kindly about the idea of sharing."[ citation needed ]
Moglen has criticized trends which result in "excluding people from knowledge". On the issue of free software versus proprietary software, he has argued that "much has been said by the few who stand to lose". Moglen calls for a "sensible respect for both the creators and users" of software code. In general, this concept is a part of what Moglen has termed a "revolution" against the privileged owners of media, distribution channels, and software. On March 13, 2009, in a speech given at Seattle University, Moglen said of the free software movement that, "'When everybody owns the press, then freedom of the press belongs to everybody' seems to be the inevitable inference, and that's where we are moving, and when the publishers get used to that, they'll become us, and we'll become them, and the first amendment will mean: 'Congress shall make no law ... abridging freedom of speech, or of the press ...', not – as they have tended to argue in the course of the 20th century – 'Congress shall make no law infringing the sacred right of the Sulzbergers to be different'." [15] [ full citation needed ]
On the subject of digital rights management, Moglen said in 2006, "We also live in a world in which the right to tinker is under some very substantial threat. This is said to be because movie and record companies must eat. I will concede that they must eat. Though, like me, they should eat less." [16]
Free software, libre software, or libreware is computer software distributed under terms that allow users to run the software for any purpose as well as to study, change, and distribute it and any adapted versions. Free software is a matter of liberty, not price; all users are legally free to do what they want with their copies of a free software regardless of how much is paid to obtain the program. Computer programs are deemed "free" if they give end-users ultimate control over the software and, subsequently, over their devices.
The free software movement is a social movement with the goal of obtaining and guaranteeing certain freedoms for software users, namely the freedoms to run, study, modify, and share copies of software. Software which meets these requirements, The Four Essential Freedoms of Free Software, is termed free software.
The GNU Lesser General Public License (LGPL) is a free-software license published by the Free Software Foundation (FSF). The license allows developers and companies to use and integrate a software component released under the LGPL into their own software without being required by the terms of a strong copyleft license to release the source code of their own components. However, any developer who modifies an LGPL-covered component is required to make their modified version available under the same LGPL license. For proprietary software, code under the LGPL is usually used in the form of a shared library, so that there is a clear separation between the proprietary and LGPL components. The LGPL is primarily used for software libraries, although it is also used by some stand-alone applications.
The GNU Project is a free software, mass collaboration project announced by Richard Stallman on September 27, 1983. Its goal is to give computer users freedom and control in their use of their computers and computing devices by collaboratively developing and publishing software that gives everyone the rights to freely run the software, copy and distribute it, study it, and modify it. GNU software grants these rights in its license.
The Free Software Foundation (FSF) grants two annual awards. Since 1998, FSF has granted the award for Advancement of Free Software and since 2005, also the Free Software Award for Projects of Social Benefit.
The Common Development and Distribution License (CDDL) is a free and open-source software license, produced by Sun Microsystems, based on the Mozilla Public License (MPL). Files licensed under the CDDL can be combined with files licensed under other licenses, whether open source or proprietary. In 2005 the Open Source Initiative approved the license. The Free Software Foundation (FSF) considers it a free software license, but one which is incompatible with the GNU General Public License (GPL).
The Software Freedom Law Center (SFLC) is an organization that provides pro bono legal representation and related services to not-for-profit developers of free software/open source software. It was launched in February 2005 with Eben Moglen as chairman. Initial funding of US$4 million was pledged by Open Source Development Labs.
Bradley M. Kuhn is a free software activist from the United States.
Free and open-source software (FOSS) is a term used to refer to groups of software consisting of both free software and open-source software, where anyone is freely licensed to use, copy, study, and change the software in any way, and the source code is publicly available so that people are encouraged to improve the design of the software. This is in contrast to proprietary software, where the software is under restrictive copyright or licensing and the source code is hidden from the users.
Richard Matthew Stallman, also known by his initials, rms, is an American free software movement activist and programmer. He campaigns for software to be distributed in such a manner that its users have the freedom to use, study, distribute, and modify that software. Software that ensures these freedoms is termed free software. Stallman launched the GNU Project, founded the Free Software Foundation (FSF) in October 1985, developed the GNU Compiler Collection and GNU Emacs, and wrote all versions of the GNU General Public License.
Tivoization is the practice of designing hardware that incorporates software under the terms of a copyleft software license like the GNU General Public License, but uses hardware restrictions or digital rights management (DRM) to prevent users from running modified versions of the software on that hardware. Richard Stallman of the Free Software Foundation (FSF) coined the term in reference to TiVo's use of GNU GPL licensed software on the TiVo brand digital video recorders (DVR), which actively block modified software by design. Stallman believes this practice denies users some of the freedom that the GNU GPL was designed to protect. The FSF refers to tivoized hardware as "proprietary tyrants".
This comparison only covers software licenses which have a linked Wikipedia article for details and which are approved by at least one of the following expert groups: the Free Software Foundation, the Open Source Initiative, the Debian Project and the Fedora Project. For a list of licenses not specifically intended for software, see List of free-content licences.
The Affero General Public License is a free software license. The first version of the Affero General Public License (AGPLv1), was published by Affero, Inc. in March 2002, and based on the GNU General Public License, version 2 (GPLv2). The second version (AGPLv2) was published in November 2007, as a transitional license to allow an upgrade path from AGPLv1 to the GNU Affero General Public License.
License compatibility is a legal framework that allows for pieces of software with different software licenses to be distributed together. The need for such a framework arises because the different licenses can contain contradictory requirements, rendering it impossible to legally combine source code from separately-licensed software in order to create and publish a new program. Proprietary licenses are generally program-specific and incompatible; authors must negotiate to combine code. Copyleft licenses are commonly deliberately incompatible with proprietary licenses, in order to prevent copyleft software from being re-licensed under a proprietary license, turning it into proprietary software. Many copyleft licenses explicitly allow relicensing under some other copyleft licenses. Permissive licenses are compatible with everything, including proprietary licenses; there is thus no guarantee that all derived works will remain under a permissive license.
Richard Fontana is a lawyer in the United States who is particularly known for his work in the area of open source and free software. Fontana works at Red Hat. Before Red Hat he was counsel at the Software Freedom Law Center (SFLC). In 2012 Fontana began drafting copyleft-next, a modification of the GNU General Public License, version 3 (GPLv3). While at SFLC, Fontana was one of the three principal authors, along with Richard Stallman and Eben Moglen, of the GPLv3, the GNU Lesser General Public License, version 3 (LGPLv3), and the GNU Affero General Public License. He is currently a member-elected director of the Open Source Initiative.
A free-software license is a notice that grants the recipient of a piece of software extensive rights to modify and redistribute that software. These actions are usually prohibited by copyright law, but the rights-holder of a piece of software can remove these restrictions by accompanying the software with a software license which grants the recipient these rights. Software using such a license is free software as conferred by the copyright holder. Free-software licenses are applied to software in source code and also binary object-code form, as the copyright law recognizes both forms.
The GNU General Public License is a series of widely used free software licenses or copyleft that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general use and was originally written by Richard Stallman, the founder of the Free Software Foundation (FSF), for the GNU Project. The license grants the recipients of a computer program the rights of the Free Software Definition. These GPL series are all copyleft licenses, which means that any derivative work must be distributed under the same or equivalent license terms. It is more restrictive than the Lesser General Public License and even further distinct from the more widely used permissive software licenses BSD, MIT, and Apache.
The GNU Free Documentation License is a copyleft license for free documentation, designed by the Free Software Foundation (FSF) for the GNU Project. It is similar to the GNU General Public License, giving readers the rights to copy, redistribute, and modify a work and requires all copies and derivatives to be available under the same license. Copies may also be sold commercially, but, if produced in larger quantities, the original document or source code must be made available to the work's recipient.
The Free Software Foundation (FSF) is a 501(c)(3) non-profit organization founded by Richard Stallman on October 4, 1985, to support the free software movement, with the organization's preference for software being distributed under copyleft terms, such as with its own GNU General Public License. The FSF was incorporated in Boston, Massachusetts, United States, where it is also based.
Open source license litigation involves lawsuits surrounding open-source licensed software. Many of the legal rights of open source software licensors enforceable against users violating licensing agreements are untested by the U.S. legal system. Free and open source software (FOSS) is distributed under a variety of free-software licenses, which are unique among other software licenses. Legal action against open source licenses involves questions about their validity and enforceability.
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