Let's Go Over DeVault's Article
The article starts with assertions that some people believe Stallman changed his mind over some of his most controversial statements. For example in
2013 Stallman said the following:
There is little evidence to justify the widespread assumption that willing participation in pedophilia hurts children.
Granted, children may not dare say no to an older relative, or may not realize they could say no; in that case, even if they do not overtly object, the relationship may still feel imposed to them. That's not willing participation, it's imposed participation, a different issue.
And then in 2019 he said
the following:
Many years ago I posted that I could not see anything wrong about sex between an adult and a child, if the child accepted it.
Through personal conversations in recent years, I've learned to understand how sex with a child can harm per psychologically. This changed my mind about the matter: I think adults should not do that. I am grateful for the conversations that enabled me to understand why.
Which a lot of people took as a reversal on the part of Stallman when it comes to his ideas on the matter. But then the article by DeVault goes into lengths to let us know that Stallman didn't change his mind at all.
DeVault talks about various other things Stallman had written, to suggest that Stallman is a sexual criminal of some kind. Specifically DeVault repeatedly points the attention of the viewer to a distinction Stallman makes between "Children" and "Teenagers". Which seem to have no apparent distinction to DeVault himself. And he repeatedly points to Stallman's political pieces where he supports people that were prosecuted or punished for various kinds of sexual misconducts.
In my opinion, any lawyer that would ever defend anybody who is persecuted for any kind of sexual misconduct, would be as bad as a serial rapist to Drew DeVault.
More than that, DeVault is seemingly unaware of Stallman's distaste toward the legal system. And argues from the perspective of the legal system. For example he writes:
most people understand that minors cannot consent to sex even if they "appear willing"
From the perspective of the legal system this is true. Legally speaking minors cannot consent ( up to a certain age called the age of consent ) to sex. But it doesn't mean that they cannot consent outside of legal framework. And therefor we are having the "2+2=5" paradox with this particular set of laws, which Stallman disagrees with, while DeVault fails to question.
"2+2=5" is an example from the book 1984 by George Orwell where he suggests a possibility of the state making a bogus claim which would be illegal not to believe to, but is obviously false. If there would be a law saying "2+2=5" it would be a law. And legally then two plus two would equal to five. But outside of the legal framework, within reality, two plus two would still be four.
In the legal framework today it is true that minors cannot consent. But that doesn't change the reality outside of the legal framework where they can consent.
There are obvious problems with it that the legal framework is too lazy to address. Like the claims Richard Stallman made in the 2013 post, where the second half of it was:
Granted, children may not dare say no to an older relative, or may not realize they could say no; in that case, even if they do not overtly object, the relationship may still feel imposed to them. That's not willing participation, it's imposed participation, a different issue.
Law is nowhere near a reflection of truth because the world is infinitely complex. No matter how much you zoom in, you will still see details ( unless we are talking about the plank length ). Therefor the law will never be able to reflect on every possible issue there is to reflect on. And therefor people should always be critical of law. A failure to reflect could potentially be a cause for mistreatment. And Richard Stallman is a man who is dedicated to finding those failures of law.
He did it with copyright. With software patents. With DMCA laws. With business supremacy treaties. And with various discrimination policies. Including this paternalistic law that says that a child does not have a right to consent. Yes. There is consent. There is no right to it, legally. And Stallman is fighting against this discrimination.
Further Drew DeVault is writing about Stallman's "inability" to comprehend "power dynamics". First claiming:
an adult in this situation is exploiting a difference in experience and maturity to manipulate the child into sexually satisfying them
And then he brings up a
post by Stallman where he is seemingly unaware of such power-dynamics. Commenting on it:
I have identified this blindness to power dynamics as a recurring theme in Stallmanβs comments on sexual abuse, be it with respect to sexual relationships between minors and adults, managers and subordinates, students and teachers, or public figures and their audience. I note for the reader that Stallman has held and currently holds several of these positions of power.
This is a flawed logic. First there is the presupposition of some kind of power to begin with. A director is not necessarily the most important person. Even if he is the person in charge of the work. For example let's look at Top Gun: Maverick. The director of the movie is Joseph Kosinski. And there are actors such as Jennifer Connelly that worked on the movie. But the main and the most important person on set is not Kosinski, but rather Tom Cruise. It is easier to replace Kosinski, and it is easier to replace Connelly, but it is out of the question to even consider replacing Cruise.
In such a case Connelly and Kosinski are on the same playing field, while Cruise is higher in the power structure. But the law in this case would still find Kosinski as the one above Cruise. ( If we let ourselves forget that Cruise is also a producer on the film ).
The fact that a person is legally higher in a hierarchy doesn't immediately mean that he has more power. And this is what Stallman is trying to tell by judging situations as they are, without much regard to what they should be if two plus two would equal to five. If law would be taken as fact.
And then, he is not saying that a presence of a power structure doesn't exist. Again, the first quote makes it apparent that Stallman is more than aware of this problem.
Granted, children may not dare say no to an older relative, or may not realize they could say no; in that case, even if they do not overtly object, the relationship may still feel imposed to them. That's not willing participation, it's imposed participation, a different issue.
The solution to the power dynamics problem is not to make it illegal to those higher on paper to have sex with those lower. But rather to make it possible for ones lower to not consent to it without any repercussions. Say a boss could fire you from your job because you said "no" to him when he asked for sex. The law should not prohibit the asking. Or the consenting. It should prohibit firing you if you said "no". Therefor canceling the power dynamic and making it a plane field.
At the moment the law being the one prohibiting the asking is doing a number of problematic things: It is attacking the Freedom of Speech of the one asking; it is taking away the freedom to consent from the one answering. And even if it is making some progress. It is doing more harm than good.
With children, there perhaps should be a governmental structure, or a part of the school curriculum making sure children know that they can say no. Not only in sex. In anything. And they should know exactly who to talk to when somebody does something to them even if they said no. And this should be done to everything, not only sex. Yes it would mean that all laws forcing children to do various things would not be justifiable to those same children. But those forcing laws should not exist anyway, since they are not serving nobodies freedom.
There are only 3 types of laws. And only one of those types should stay. The other 2 types should be abolished. The 3 types are:
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Freedom Laws: Such as "Don't Rape" or "Don't Kill" which are laws that punish those who try to take freedom away from people. If a person doesn't want to have sex with you, but you force it on that person, it is illegal. But consensual sex is legal. Therefor it is a freedom law. Those are good laws when written well.
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Power Laws: Such as "Copyright" or "Don't criticize the state". Those laws do not serve nobody's freedom, but rather serve somebody's powers. Those should be abolished.
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Paternalism Laws: Such as "Don't cross the road on red" or "Minors can't consent". Those laws limit freedoms because of Paternalism. And therefor they should be abolished.
I don't know if Stallman ever heard about Paternalism. I tried using the search-bar on
his website to look for "Paternalism" and it gave me no results. But from what he describes when talking about minors he is describing paternalism. Perhaps he came to paternalism on his own and still didn't coin a term for it. Therefor what I did was to send him the following email:
Subject: Consider using the word "Paternalism"
To: rms@gnu.org
In many places when you discuss over-protectiveness of any kind which is undermining freedom, there is word that specifically describes it. "Paternalism".
I would describe paternalism as: A belief that for the good of the person, per's freedom could be taken away.
Things like ageism ( especially toward younger people ) are inherently paternalistic.
Paternalism is also often found in software. Especially proprietary. Like the inability to delete system files on Windows.
Wikipedia on Paternalism: https://en.wikipedia.org/wiki/Paternalism
I hope that Drew DeVault will re-consider the views of Richard Stallman. And I hope Richard Stallman will either use the word "Paternalism" or coin his own word for it that he believes reflects the meaning better. And help up us thus finally get rid of this nasty problem, to insure more freedom in the world. Especially for children.
Happy Hacking!!!