Christopher M. Kelty, Two Bits The Cultural Significance of Free Software

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people and to others; second, that it was not obvious that AT&T actually owned or could claim rights over these fixes—or, if they did, they needed to cover their legal tracks, which perhaps in part explains the stalling and threatening of the lawyers, who may have been buying time to make a “legal” version, with the proper permissions. The struggle should be seen not as one between the rebel forces of UNIX development and the evil empire of lawyers and managers, but as a struggle between two modes of stabilizing the object known as UNIX. For the lawyers, stability implied finding ways to make UNIX look like a product that would meet the existing legal framework and the peculiar demands of being a regulated monopoly unable to freely compete with other computer manufacturers; the ownership of bits and pieces, ideas and contributions had to be strictly accountable. For the programmers, stability came through redistributing the most up-to-date operating system and sharing all innovations with all users so that new innovations might also be portable. The lawyers saw urgency in making UNIX legally stable; the engineers saw urgency in making UNIX technically stable and compatible with itself, that is, to prevent the forking of UNIX, the death knell for portability. The tension between achieving legal stability of the object and promoting its technical portability and stability is one that has repeated throughout the life of UNIX and its derivatives—and that has ramifications in other areas as well. The identity and boundaries of UNIX were thus intricately formed through its sharing and distribution. Sharing produced its own form of moral and technical order. Troubling questions emerged immediately: were the versions that had been fixed, extended, and expanded still UNIX, and hence still under the control of AT&T? Or were the differences great enough that something else (not-UNIX) was emerging? If a tape full of fixes, contributed by non-Bell employees, was circulated to people who had licensed UNIX, and those fixes changed the system, was it still UNIX? Was it still UNIX in a legal sense or in a technical sense or both? While these questions might seem relatively scholastic, the history of the development of UNIX suggests something far more interesting: just about every possible modification has been made, legally and technically, but the concept of UNIX has remained remarkably stable.

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