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owner, and it harms no one. The owner can lose only if the person who made <BR>the copy would otherwise have paid for one from the owner. <BR>“拥有者”们声称当软件软件使用者自己拷贝软件时他们遭受了“损伤”,或者“经济 <BR>损失”。奇怪的是这样的拷贝本身对于软件拥有者并没有任何直接作用,并且也看不 <BR>出伤害了谁。至于经济损失,只有当该用户在如果得不到拷贝的版本会去掏钱买的 <BR>情况下拷贝才使软件商才会有这样的损失。 <BR> <BR> A little thought shows that most such people would not have bought <BR>copies. Yet the owners compute their ``losses'' as if each and every one <BR>would have bought a copy. That is exaggeration---to put it kindly. <BR>不需要太多思考就能明白,绝大多数那些做拷贝的人怎么也是不会真的去买那个 <BR>软件的。在这样的情况下,那些软件商作出“经济损失”的假设 - 如果不能拷 <BR>贝人人都会去买那个软件 - 至少也是夸大其辞了的。 <BR> <BR> The law. <BR> 法律 <BR> <BR> Owners often describe the current state of the law, and the harsh <BR>penalties they can threaten us with. Implicit in this approach is the <BR>suggestion that today's law reflects an unquestionable view of <BR>morality---yet at the same time, we are urged to regard these penalties as <BR>facts of nature that can't be blamed on anyone. <BR> <BR> This line of persuasion isn't designed to stand up to critical <BR>thinking; it's intended to reinforce a habitual mental pathway. <BR> <BR> It's elementary that laws don't decide right and wrong. Every American <BR>should know that, forty years ago, it was against the law in many states <BR>for a black person to sit in the front of a bus; but only racists would <BR>say sitting there was wrong. <BR>一个最基本的事实是:法律并不判断什么是正确或者错误。每个美国人都应当知道, <BR>四十年以前,在很多州一个黑人坐在公共汽车的前面是违法的,而现在除了种族主 <BR>义者没有人还有这样的想法。 <BR> <BR> Natural rights. <BR> 天赐的权力。 <BR> <BR> Authors often claim a special connection with programs they have <BR>written, and go on to assert that, as a result, their desires and <BR>interests concerning the program simply outweigh those of anyone else---or <BR>even those of the whole rest of the world. (Typically companies, not <BR>authors, hold the copyrights on software, but we are expected to ignore <BR>this discrepancy.) <BR>软件作者喜欢声称他们与其所写的程序具有某种特殊的关系,作为结论,他们 <BR>认为他们在这些程序上所有的利益和期望简单的就超过了任何人 - 甚至整个世 <BR>界的。(尽管通常是软件公司,而并非软件作者拥有软件的版权,但他们总是希望 <BR>我们忽略这个区别的)。 <BR> <BR> <BR> <BR> To those who propose this as an ethical axiom---the author is more <BR>important than you---I can only say that I, a notable software author <BR>myself, call it bunk. <BR> <BR> But people in general are only likely to feel any sympathy with the <BR>natural rights claims for two reasons. <BR> <BR> One reason is an overstretched analogy with material objects. When I <BR>cook spaghetti, I do object if someone else eats it, because then I cannot <BR>eat it. His action hurts me exactly as much as it benefits him; only one <BR>of us can eat the spaghetti, so the question is, which? The smallest <BR>distinction between us is enough to tip the ethical balance. <BR> <BR> No one should. <BR> <BR> The second reason is that people have been told that natural rights <BR>for authors is the accepted and unquestioned tradition of our society. <BR> <BR> As a matter of history, the opposite is true. The idea of natural <BR>rights of authors was proposed and decisively rejected when the US <BR>Constitution was drawn up. That's why the Constitution only permits a <BR>system of copyright and does not require one; that's why it says that <BR>copyright must be temporary. It also states that the purpose of copyright <BR>is to promote progress---not to reward authors. Copyright does reward <BR>authors somewhat, and publishers more, but that is intended as a means of <BR>modifying their behavior. <BR> <BR> The real established tradition of our society is that copyright cuts <BR>into the natural rights of the public---and that this can only be <BR>justified for the public's sake. <BR> <BR> Economics. <BR> <BR> The final argument made for having owners of software is that this <BR>leads to production of more software. <BR> <BR> Unlike the others, this argument at least takes a legitimate approach <BR>to the subject. It is based on a valid goal---satisfying the users of <BR>software. And it is empirically clear that people will produce more of <BR>something if they are well paid for doing so. <BR> <BR> But the economic argument has a flaw: it is based on the assumption <BR>that the difference is only a matter of how much money we have to pay. It <BR>assumes that ``production of software'' is what we want, whether the <BR>software has owners or not. <BR> <BR> People readily accept this assumption because it accords with our <BR>experiences with material objects. Consider a sandwich, for instance. You <BR>might well be able to get an equivalent <BR>sandwich either free or for a price. If so, the <BR> amount you pay is the only difference. Whether or not you have to buy <BR>it, the sandwich has the same taste, the same <BR> nutritional value, and in either case you can only eat it once. <BR>Whether you get the sandwich from an owner or not cannot <BR> directly affect anything but the amount of money you have afterwards. <BR> <BR> This is true for any kind of material object---whether or not it has <BR>an owner does not directly affect what it is, or what <BR> you can do with it if you acquire it. <BR> <BR> But if a program has an owner, this very much affects what it is, and <BR>what you can do with a copy if you buy one. The <BR> difference is not just a matter of money. The system of owners of <BR>software encourages software owners to produce <BR> something---but not what society really needs. And it causes <BR>intangible ethical pollution that affects us all. <BR> <BR> What does society need? It needs information that is truly available <BR>to its citizens---for example, programs that people <BR> can read, fix, adapt, and improve, not just operate. But what software <BR>owners typically deliver is a black box that we <BR> can't study or change. <BR> <BR> Society also needs freedom. When a program has an owner, the users <BR>lose freedom to control part of their own lives. <BR>
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