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Border Codes

Mark Marino, Author

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Free Software

Gabriella Coleman, in her introduction to Control Freedom, explains the ironies of the hacking of this notification.

While seemingly insignificant, this warning is quite meaningful for it reveals something important about the nature of free software and my subsequent representation of it. This legal notice is no doubt serious, but it also contains a subtle irony available to those who know about free software. For even if developers cannot legally guarantee the so-called FITNESS of software, they know that in many instances free software is often as useful as or in some cases superior to proprietary software. This fact brings hackers the same sort of pleasure, satisfaction, and pride that they derive when, and if, they are given free reign to hack. Further, even though hackers distribute their free software WITHOUT ANY WARRANTY, the law nevertheless enables them to create the software that many deem superior to proprietary software—software that they all “hope [ … ] will be useful.” The freedom to labor within a framework of their own making is enabled by licenses that cleverly reformat copyright law to prioritize access, distribution, and circulation. Thus, hackers short-circuit the traditional uses of copyright: the right to exclude and control.

Such an ironic political gesture, parallels the political disruption of the Transborder Immigrant Tool, by placing the software itself under the purview of liminal laws that operate beyond the established fences of the copyright of capitalist nation states.
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