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Proponents of software copyright had their counter-arguments: without copyright, works might otherwise slip into the public domain. Putting a copyright notice on a work also served as a statement of quality. Programmers or companies who attached their name to the copyright attached their reputations as well. Finally, it was a contract, as well as a statement of ownership.

Although helpful in codifying the social contract of the Emacs Commune, the Emacs 15 license remained too "informal" for the purposes of the GNU Project, Stallman says. Soon after starting work on a GNU version of Emacs, Stallman began consulting with the other members of the Free Software Foundation on how to shore up the license's language. He also consulted with the attorneys who had helped him set up the Free Software Foundation.

By the spring of 1985, Richard Stallman had settled on the GNU Project's first milestone-a Lisp-based free software version of Emacs. To meet this goal, however, he faced two challenges. First, he had to rebuild Emacs in a way that made it platform independent. Second, he had to rebuild the Emacs Commune in a similar fashion.