CINDY A. COHN, ESQ.; SBN 145997 McGLASHAN & SARRAIL Professional Corporation 177 Bovet Road, Sixth Floor San Mateo, CA 94402 Tel: (415) 341-2585 Fax: (415) 341-1395 LEE TIEN, ESQ.; SBN 148216 1452 Curtis Street Berkeley, CA 94702 Tel: (510) 525-0817 Attorneys for Plaintiff Daniel J. Bernstein IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DANIEL J. BERNSTEIN ) ) C 95-00582 MHP Plaintiff, ) ) DECLARATION OF v. ) RICHARD M. STALLMAN ) UNITED STATES DEPARTMENT OF ) STATE et al., ) ) Defendants. ) ) _________________________________________) I, RICHARD M. STALLMAN, hereby declare: 1. I am currently the President of the Free Software Foundation, located in Boston, Massachusetts. I have been a computer programmer for over 25 years, starting at age 17. I worked for the MIT Artificial Intelligence Lab from 1971 to 1983, then resigned from that job to start the GNU project, which is now carried out by the Free Software Foundation. Today I am an MIT research affiliate. 2. In 1990 I was awarded the ACM Grace Hopper Award for my development of the computer program Emacs in 1975. There have since been over thirty imitations of Emacs, and some are widely used today for writing and editing programs, letters, books, electronic mail, and many other purposes. I was also awarded a MacArthur Foundation prize fellowship in 1990. 3. As an experienced programmer, I often communicate certain of my ideas in computer languages in order to be more precise about them--just as mathematicians express equations in mathematical notation and composers express music in musical notation. Computer code is a precise notation for expressing ideas about how to carry out a task on a computer. 4. It is my opinion that software and computer science development benefit substantially from the sharing of computer code among computer scientists and programmers. This is because, as noted above, it permits ideas to be communicated with greater precision and clarity. As a computer programmer, I can communicate using computer programming languages, within the range of what they can express, just as I would using human languages. 5. It is also possible to communicate in a mixture of a programming language and a human language, much as two bilingual people can communicate in a mixture of two human languages. A mixture of computer code and human language is useful for expressing theories, problems and models precisely, in many fields ranging from engineering to economics. 6. In my experience, publication of ideas on the Internet computer network is essentially equivalent to publishing them on paper, when working to develop computer science or develop software. The Internet serves the same purpose for scientists and computer programmers as the paper journals do, except that it is faster, more efficient, and allows for direct feedback and conversation. 7. The best example of such communication is the World Wide Web. This method of communication and publication, which is becoming a major use of the Internet, is used for providing access to scientific papers, fiction, political position papers, store catalogs, and many other things, as well as computer software. 8. Another example of this is the GNU Project which I started in 1984. This project, which is the major project of the Free Software Foundation, joins programmers located around the world in developing, testing, and improving a complete operating system and related programs. Once the software is written, either by Free Software Foundation staff or by volunteers, it is published on the Internet as source code suitable for human programmers to study, learn from, and alter. A wide community of users try it out, test it, expand it, fix it, and then share their experiences back to the group, including corrections and improvements in the source code. In this way many people help make the software more powerful and reliable. 9. Indeed, some GNU programs, including the GNU C compiler, are widely recognized as among the best available. Just as the "marketplace of ideas" in science enables correct understanding to prevail, the marketplace of ideas in software development results in the development of better software. I declare under penalty of perjury that the foregoing is true and correct. Dated:________________ _________________________________ RICHARD M. STALLMAN