Such disappointments merely contrast the warm response coming from overseas, especially Asia, Stallman notes. A quick glance at the Stallman 2000 travel itinerary bespeaks the growing popularity of the free software message. Between recent visits to India, China, and Brazil, Stallman has spent 12 of the last 115 days on United States soil. His travels have given him an opportunity to see how the free software concept translates into different languages of cultures.
"In India many people are interested in free software, because they see it as a way to build their computing infrastructure without spending a lot of money," Stallman says. "In China, the concept has been much slower to catch on. Comparing free software to free speech is harder to do when you don't have any free speech. Still, the level of interest in free software during my last visit was profound."
The conversation shifts to Napster, the San Mateo, California software company, which has become something of a media cause cÈlËbre in recent months. The company markets a controversial software tool that lets music fans browse and copy the music files of other music fans. Thanks to the magnifying powers of the Internet, this so-called "peer-to-peer" program has evolved into a de facto online juke box, giving ordinary music fans a way to listen to MP3 music files over the computer without paying a royalty or fee, much to record companies' chagrin.
Although based on proprietary software, the Napster system draws inspiration from the long-held Stallman contention that once a work enters the digital realm-in other words, once making a copy is less a matter of duplicating sounds or duplicating atoms and more a matter of duplicating information-the natural human impulse to share a work becomes harder to restrict. Rather than impose additional restrictions, Napster execs have decided to take advantage of the impulse. Giving music listeners a central place to trade music files, the company has gambled on its ability to steer the resulting user traffic toward other commercial opportunities.
The sudden success of the Napster model has put the fear in traditional record companies, with good reason. Just days before my Palo Alto meeting with Stallman, U.S. District Court Judge Marilyn Patel granted a request filed by the Recording Industry Association of America for an injunction against the file-sharing service. The injunction was subsequently suspended by the U.S. Ninth District Court of Appeals, but by early 2001, the Court of Appeals, too, would find the San Mateo-based company in breach of copyright law,5 a decision RIAA spokesperson Hillary Rosen would later proclaim proclaim a "clear victory for the creative content community and the legitimate online marketplace."See "A Clear Victory for Recording Industry in Napster Case," RIAA press release (February 12, 2001). http://www.riaa.com/PR_story.cfm?id=372
For hackers such as Stallman, the Napster business model is scary in different ways. The company's eagerness to appropriate time-worn hacker principles such as file sharing and communal information ownership, while at the same time selling a service based on proprietary software, sends a distressing mixed message. As a person who already has a hard enough time getting his own carefully articulated message into the media stream, Stallman is understandably reticent when it comes to speaking out about the company. Still, Stallman does admit to learning a thing or two from the social side of the Napster phenomenon.
"Before Napster, I thought it might be OK for people to privately redistribute works of entertainment," Stallman says. "The number of people who find Napster useful, however, tells me that the right to redistribute copies not only on a neighbor-to-neighbor basis, but to the public at large, is essential and therefore may not be taken away."
No sooner does Stallman say this than the door to the restaurant swings open and we are invited back inside by the host. Within a few seconds, we are seated in a side corner of the restaurant next to a large mirrored wall.
The restaurant's menu doubles as an order form, and Stallman is quickly checking off boxes before the host has even brought water to the table. "Deep-fried shrimp roll wrapped in bean-curd skin," Stallman reads. "Bean-curd skin. It offers such an interesting texture. I think we should get it."
This comment leads to an impromptu discussion of Chinese food and Stallman's recent visit to China. "The food in China is utterly exquisite," Stallman says, his voice gaining an edge of emotion for the first time this morning. "So many different things that I've never seen in the U.S., local things made from local mushrooms and local vegetables. It got to the point where I started keeping a journal just to keep track of every wonderful meal."