Eben Moglen

American law professor and free software advocate

Eben Moglen, born in New Haven in 1959, operates at the intersection of legal scholarship and digital ethics. A law professor at Columbia University, he has built a career focused on the intersection of proprietary software, intellectual property, and the civil liberties of users in an increasingly interconnected, machine-dominated world.

Academic and Early Career

Moglen earned his bachelor's degree at Swarthmore College in 1980. He subsequently attended Yale University, where he secured a Master of Philosophy in history and a J.D. from Yale Law School in 1985. His legal expertise led to a clerkship with Justice Thurgood Marshall during the 1986–87 term. In 1987, he joined the faculty at Columbia Law School, and he later completed his Ph.D. in history at Yale in 1993. Over the decades, he has held visiting appointments at various institutions, including Harvard University, Tel Aviv University, and the University of Virginia.

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Software Advocacy and Legal Counsel

Moglen’s legal work has centered on the defense of software freedoms. He served as the general counsel for the Free Software Foundation from 1994 to 2016 and held a seat on its board of directors between 2000 and 2007. In this capacity, he managed the enforcement of the GNU General Public License and contributed to the drafting of the GPL version 3. Beyond his work with the foundation, he joined the defense team for Philip Zimmermann during investigations regarding the export of the Pretty Good Privacy encryption system. In 2005, he founded the Software Freedom Law Center, and in 2011, he launched the Freedom Box Foundation to develop the FreedomBox, a personal server aimed at ensuring private and secure communication.

Philosophical Framework and Professional Challenges

Moglen maintains that proprietary software is fundamentally incompatible with the principles of a free society, likening the control of code to proprietary mathematics. He advocates for a redistribution of digital power, famously promoting the phrase Resist the resistance to encourage the unrestricted flow of information. Despite his recognition, including the 2003 EFF Pioneer Award, his professional standing has faced scrutiny. In October 2023, the Free Software Foundation Europe and the Software Freedom Conservancy severed ties with the Software Freedom Law Center and Moglen following public allegations of abusive workplace behavior and hostility toward the LGBTQIA+ community.

Fast facts

Questions readers ask

What is the FreedomBox?

It is an affordable personal server project created by Moglen in 2011 that runs exclusively on free software to facilitate secure and anonymous communication.

What is Moglen's stance on software ownership?

He argues that proprietary software is as illogical as owning mathematics, asserting that software should be treated as a shareable resource rather than a product that must be purchased.

Achievements

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