The great Open Source giveaway

Over time thousands of dabblers could gradually fix any errors and fill in any gaps in the articles until Wikipedia evolves into an authoritative encyclopedia with hundreds of thousands of entries.

Another experiment that's proved its worth is the OpenLaw project at the Berkman Center for Internet and Society at Harvard Law School. Berkman lawyers specialise in cyberlaw – hacking, copyright, encryption and so on - and the centre has strong ties with the EFF and the open source software community.

In 1998 faculty member Lawrence Lessig, now at Stanford Law School, was asked by online publisher Eldritch Press to mount a legal challenge to US copyright law. Eldritch takes books whose copyright has expired and publishes them on the Web, but new legislation to extend copyright from 50 to 70 years after the author's death was cutting off its supply of new material. Lessig invited law students at Harvard and elsewhere to help craft legal arguments challenging the new law on an online forum, which evolved into OpenLaw.

Normal law firms write arguments the way commercial software companies write code. Lawyers discuss a case behind closed doors, and although their final product is released in court, the discussions or "source code" that produced it remain secret. In contrast, OpenLaw crafts its arguments in public and releases them under a copyleft.

"The gains are much the same as for software," Selzer says. "Hundreds of people scrutinise the 'code' for bugs, and make suggestions how to fix it. And people will take underdeveloped parts of the argument, work on them, then patch them in." Armed with arguments crafted in this way, OpenLaw has taken Eldritch's case - deemed unwinnable at the outset - right through the system and is now seeking a hearing in the Supreme Court.

There are drawbacks, though. The arguments are in the public domain right from the start, so OpenLaw can't spring a surprise in court. For the same reason, it can't take on cases where confidentiality is important. But where there's a strong public interest element, open sourcing has big advantages. Citizens' rights groups, for example, have taken parts of OpenLaw's legal arguments and used them elsewhere.

The open content movement is still at an early stage and it's hard to predict how far it will spread. "I'm not sure there are other areas where open source would work," says Sanger. "If there were, we might have started it ourselves."

Music and most books are not like software, because they don't generally need to be debugged or maintained. Without that need, the products gain little from others' scrutiny and reworking, so there's little benefit in open sourcing.

But Raymond's views have now shifted subtly. "I'm more willing to admit that I might talk about areas other than software someday," he told New Scientist. "But not now." The right time will be once open source software has won the battle of ideas, he says. He expects that to happen around 2005.

And so the experiment goes on. As a contribution to it, New Scientist and AlterNet have agreed to issue this article under a copyleft. That means you can copy it, redistribute it, reprint it in whole or in part, and generally play around with it as long as you, too, release your version under a copyleft and abide by the other terms and conditions in the licence. We also ask that you inform us of any use you make of the article, by e-mailing copyleft@newscientist.com.

One reason for doing so is that by releasing it under a copyleft, we can print the recipe for OpenCola without violating its copyleft. If nothing else, that demonstrates the power of the copyleft to spread itself. To my knowledge this is the first magazine article published under a copyleft. Who knows what the outcome will be? Perhaps the article will disappear without a trace. Perhaps it will be photocopied, redistributed, re-edited, rewritten, cut and pasted onto websites, handbills and articles all over the world. I don't know - but that's the point. It's not up to me any more. The decision belongs to all of us.