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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.

Such statements, while reflective of the hacker ethic, also reflected the difficulty of translating the loose, informal nature of that ethic into the rigid, legal language of copyright. In writing the GNU Emacs License, Stallman had done more than close up the escape hatch that permitted proprietary offshoots. He had expressed the hacker ethic in a manner understandable to both lawyer and hacker alike.

At first, Stallman viewed these notices with alarm. Rare was the software program that didn't borrow source code from past programs, and yet, with a single stroke of the president's pen, Congress had given programmers and companies the power to assert individual authorship over communally built programs. It also injected a dose of formality into what had otherwise been an informal system.