osOpinion: Is it better to be safe or free? | Linux Today

osOpinion: Is it better to be safe or free?

Written By
Web Webster
Web Webster
Jun 6, 2000

[ Thanks to Kelly
McNeill
for this link. ]

“We’ve all read vitriolic screeds — here and elsewhere —
written by Open Source advocates who declare their willingness to
fight the good fight and defend to the last breath the principles
of Open Source. It’s all very fiery and very stirring.”

“And yet….”

When the heat really comes on, most of these speechifiers
fold like a cheap suit. When the lawyers come calling, when the
threatening letter or e-mail is received, when the threat of fines
or imprisonment looms, brave words are forgotten and only the
frightening specter of *consequence* remains. The truth is that
most programmers are simply not up to it
; they are not
revolutionaries, they are either young people just getting started
or older folks who hack on Open Source as a sideline. It’s easy to
write brave-sounding rants and spout in Web Forums; it’s hard to
apply these principles in the face of a legal challenge.”

“Like it or not, programmers often face legal ramifications for
decisions they make in their code. The developers of DeCSS and
Napster have gotten into a pot of fairly hot legal water, and in
both cases the developers — faced with the prospect of legal
action against them — chose to back off and surrender rather than
fight it out in court. To many people threatened with legal action
— the small businessman, the consultant, the web-site
administrator, the part-time hacker — the costs and potential
ramifications far outweigh the ethics of the situation. “I can’t
afford to fight,” is a common refrain. “I can’t afford to go to
court. I can’t afford to get sued.”

Complete
Story

Web Webster

Web Webster

Web Webster has more than 20 years of writing and editorial experience in the tech sector. He’s written and edited news, demand generation, user-focused, and thought leadership content for business software solutions, consumer tech, and Linux Today, he edits and writes for a portfolio of tech industry news and analysis websites including webopedia.com, and DatabaseJournal.com.

Linux Today Logo

LinuxToday is a trusted, contributor-driven news resource supporting all types of Linux users. Our thriving international community engages with us through social media and frequent content contributions aimed at solving problems ranging from personal computing to enterprise-level IT operations. LinuxToday serves as a home for a community that struggles to find comparable information elsewhere on the web.

Property of TechnologyAdvice. © 2026 TechnologyAdvice. All Rights Reserved

Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.