The unclean fire: Why the quest for sterile perfection invites chaos and rebellion

“ Civilization is reaching back to fire—the inorganic world—for power. Man came up from savagery by way of fire, animals, and slavery; today he reaches back, discarding the help of slaves and the assistance of animals, while he seeks to wrest new secrets and sources of wealth and power from the elemental storehouse of nature. ”

“ I know that science stole a tear from the cheek of unpaid labor, converted it into steam, and created a giant that turns with tireless arms the countless wheels of toil; I know that science broke the chains from human limbs and gave us instead the forces of nature for our slaves; I know that we have made the attraction of gravitation work for us; we have made the lightnings our messengers; we have taken advantage of fire and flames and wind and sea; these slaves have no backs to be whipped; they have no hearts to be lacerated; they have no children to be stolen, no cradles to be violated. ”

“ Fire is the source of warmth, and so, in a sense, of life. It is full of quick energy, it transmutes all kinds of dead matter into its own ruddy likeness, sending up the fat of the sacrifices in wreathes of smoke that aspire heavenward; and changing all the gross, heavy, earthly dullness into flame, more akin to the heaven into which it rises.
Therefore, as cleansing, as the source of life, light, warmth, change, as glorifying, transmuting, purifying, refining, fire is the fitting symbol of the mightiest of all creative energy. ”

“ Let us seek penitently for that Spirit of fire who will dwell in us all if we will.
The metaphor of fire suggests also—purifying. 'The Spirit of burning' will burn the filth out of us. That is the only way by which a man can ever be made clean. You may wash and wash and wash with the cold water of moral reformation, you will never get the dirt out with it. No washing and no rubbing will ever cleanse sin. The way to purge a soul is to do with it as they do with foul clay—thrust it into the fire and that will burn all the blackness out of it. ”

“ Our language follows this ideal movement to its utmost stretch, where such words as cleansing and purification have passed from their first material meaning, to signify removal of ceremonial contamination, legal guilt, and moral sin. What we thus express in metaphor, the men of the lower culture began early to act in ceremony, purifying persons and objects by various prescribed rites, especially by dipping them in and sprinkling them with water, or fumigating them with and passing them through fire. ”

“ The first part of the world, being most condensed and contracted within itself, made the earth; but part of that earth being loosened and made thin by fire, water was produced; afterwards this water being exhaled and rarefied into vapors became air; after all this the world itself, and all other corporeal beings, shall be dissolved by fire in the universal conflagration. By them therefore it appears that fire is what gives beginning to all things, and is that in which all things receive their period. ”

“ Every tree which bringeth not forth good fruit is hewn down, and cast into the fire.' We wish to apply these words not only to the actions of individuals, which spring from their characters, but to the character of individuals, which spring from their inherited qualities. ”

“ Then the government can in many ways encourage the poorer classes, and so gradually lift them up. In great cities the drainage of unhealthy streets, of foul quarters, may remove the seeds of pestilence. Something in this way has been done already, and the death rates show a corresponding diminution of mortality. So by stringent laws in regard to proper ventilation, forbidding the crowding together in unhealthy tenements, and promoting the erection of model lodging-houses, it may encourage that cleanliness and decency which is the first step towards civilization. ”

“ Now the passage quoted refers to that fire of which we are now speaking, as appears from a gloss which observes on the same words: "In order to punish the wicked and cleanse the good." Therefore the fire of the final conflagration will be plunged into hell together with the wicked
I answer that, The entire cleansing of the world and the renewal for the purpose of cleansing will be directed to the renewal of man: and consequently the cleansing and renewal of the world must needs correspond with the cleansing and renewal of mankind. ”

“ But if I may remark that we have no longer the fear of death—much less of damnation, and no such thing as 'sin'; that the only kind of prison left is called a quarantine—that punishment is unknown but preventive means are of a drastic and sweeping nature such as we never dared think of before—that there is no such thing in the civilized world as poverty—no labor problem—no color problem—no sex problem—almost no disease—very little accident—practically no fires—that the world is rapidly being reforested—the soil improved ”

“ The fear that, if we are bad and unforgiven here, it will not be well for us in the next existence, is the chief influence that keeps civilization from rushing back to semi-barbarism, and semi-barbarism from rushing into midnight savagery, and midnight savagery from extinction; for it is the astringent impression of all nations, Christian and heathen, that there is no future chance for those who have wasted this. ”

“ Nowhere in any land was there a dead person. Impossible? Lantry did not smile at this. No, not impossible at all in this foolish sterile, unimaginative, antiseptic age of cleansings and scientific methods! People died, oh my god, yes. But—dead people? Corpses? They didn't exist!
What happened to dead people?
The graveyard was on a hill. William Lantry walked through the dark burning night until he reached the edge of the graveyard and looked down upon the new town of Salem. It was all illumination, all color. Rocket ships cut fire above it, crossing the sky to all the far ports of earth. ”

“ First he had made the fatal error of saying he had never been in the Incinerator before, when he knew damned well that all children were brought here on tours, every year, from the time they were four, to instill the idea of the clean fire death and the Incinerator in their minds. Death was a bright fire, death was warmth and the sun. ”

“ Dark is horror, he shouted, silently, facing the little houses. It is meant for contrast. You must fear, you hear! That has always been the way of this world. You destroyers of Edgar Allan Poe and fine big-worded Lovecraft, you burner of Hallowe'en masks and destroyer of pumpkin jack-o-lanterns! I will make night what it once was, the thing against which man built all his lanterned cities and his many children!
As if in answer to this, a rocket, flying low, trailing a long rakish feather of flame. It made Lantry flinch and draw back. ”

“ Tonight, all of us, Poe and Bierce and Hamlet's father, we burn together. They will make a big heap of us and burn us like a bonfire, like things of Guy Fawkes' day, gasoline, torch-light, cries and all! ”

“ The world will be clean of us, but in our going we shall say, oh what is the world like, clean of fear, where is the dark imagination from the dark time, the thrill and the anticipation, the suspense of old October, gone, never more to come again, flattened and smashed and burned by the rocket people, by the Incinerator people, destroyed and obliterated, to be replaced by doors that open and close and lights that go on or off without fear. ”

“ Fear destroys strength and therefore increases the trouble. Many get downhearted, discouraged, despairing—the very worst thing that can happen, doing as much harm, and in many cases more, than their former dissipation. Brooding kills; hope enlivens. Then sing with joy that the savior of knowledge has vanquished the death-dealing ignorance of the past; that the glorious strength of manhood has awakened and cast from you forever the grinning skeleton of vice. Be your better self, proud that your thoughts in the day-time are as pure as you could wish your dreams to be at night. ”

“ Civilization steps in and fences us about; passion exists only when it is a destructive force; love even—blind, romantic love—civilization has turned into an economical partnership; hatred, the fierce, cleansing passion to destroy, is taken from us, even fear, the greatest of all, the fear of great unknown nature and hidden voices in the sky, the sea and the woods, the terror of the night when the other world may return—civilization has deprived us of that, too, by explaining it. ”

“ If you say there are no such things as vampires, by God, that man will try to be one just for spite. If you say a dead man cannot walk, he will test his limbs. If you say murder is no longer occurring, he will make it occur. ”

“ And when they had risen he would take them through the town, they would kill others and the others would rise and walk. By the end of the day there would be thousands of good friends walking with him. And what of the naive, living people of this year, this day, this hour? They would be completely unprepared for it. They would go down to defeat because they would not be expecting war of any sort. ”

“ The old struggle against the forces of nature [Pg 9] once relaxed, men grew effeminate and women weak; diseases increased; physical fibre softened and atrophied and withered away; moral fibre went the same path to destruction; dry rot attacked the foundations of society, and eventually the whole fabric toppled over, or was swept aside, to be built up again by some conquering horde of barbarians, which in its turn grew civilized, and in its turn succumbed to the virulent poison that seemed inherent in the very nature of civilization, and for which there seemed to be no antidote. ”

“ In the mean time the earth will be terribly convulsed; the mountains will sink, the valleys rise, the rough places become smooth; while a fire will pass over the surface of the earth, and consume the proud and all that do wickedly, as the cities of Sodom and Gomorrah were destroyed in the days of Abraham: and thus after the earth is cleansed by fire, from all its wicked inhabitants, as it once was by water, and after its mighty convulsions have restored it to its former shape and surface, it becomes a fit residence for Jesus Christ and his saints. ”

“ The fire that will cleanse the elect before the judgment will be the same as the fire that will burn the world, although some say the contrary. For it is fitting that man, being a part of the world, be cleansed with the same fire as the world. They are, however, described as two fires, that will cleanse the good, and torture the wicked, both in reference to their respective offices, and somewhat in reference to their substance: since the substance of the cleansing fire will not all be cast into hell, as stated above. ”

“ In reference to health and sickness, the civilization of the nineteenth century presents this remarkable spectacle: millions of dollars annually spent, indescribable torments and anguish endured from an evil which it is possible, but never seriously attempted, to remove. ”

“ Our civilization has mercifully put an end to the cruel, wasteful, and indiscriminate destruction of the unfit by Nature, wherefore it is our duty, as exponents of that civilization, to substitute scientific control, that civilization itself may be maintained. ”

“ Civilization, on the other hand, tends more and more towards the preservation of psychopathic individuals. We no longer kill our sick and our weak, nor do we abandon them to a miserable, painful death,—we take care of them, and cure them. Moreover, [274] we prevent pathogenic factors from exercising a harmful, malign social selection of the “fit.” We do our best to free ourselves from the blind, merciless, purposeless selection, produced by pathogenic micro-organisms and by other noxious agencies. We learn to improve the external environment. ”

“ We can throw it away if we are too timid, if we become frightened at the rate of our own speed, or if we mistake the phenomena of a new era for the approach of calamity, or if the nations turn back to mediæval darkness and isolation, or if we elevate the follies and ignorances of the past into elements of economic truth, or if, instead of pursuing liberty with full faith and hope, the civilized world becomes the arena of a great war of classes in which all civilization must be destroyed. ”

“ Though your mouth glows and your skin is parched with heat, yet you feel no languor, the effect of humid heat; your lungs are lightened, your sight brightens, your memory recovers its tone and your spirits become exuberant; your fancy and imagination are powerfully aroused and the wildness and sublimity of the scenes around you stir up all the energies of your soul—whether for exertion, danger or strife. Your morale improves; you become frank and cordial, hospitable and single-minded: the hypocritical politeness and the slavery of civilization are left behind you in the city.... ”

“ Lantry toyed with the dials on the beetle dash. He wouldn't go to Mars. His plans were changed. If this fool simply refused to recognize an act of violence when he stumbled upon it, then let him be a fool. If they didn't connect the two explosions with a man from the tomb, all well and good. Let them go on deluding themselves. If they couldn't imagine someone being mean and nasty and murderous, heaven help them. He rubbed his hands with satisfaction. No, no Martian trip for you, as yet, Lantry lad. First we'll see what can be done boring from the inside. ”

“ Lantry took out the knife. "Do you know what this is?"
"A knife."
"Do you ever use knives on people any more?"
"How do you mean?"
"I mean—killing them, with knives or guns or poison?"
"You are an odd joker!" The man giggled awkwardly.
"I'm going to kill you," said Lantry.
"Nobody kills anybody," said the man.
"Not any more they don't. But they used to, in the old days."
"I know they did."
"This will be the first murder in three hundred years. I just killed your friend. I just shoved him into the fire lock." ”

“ He must make his enemies into friends, into people like himself who walked but shouldn't walk, who were pale in a land of pinks. He must kill and then kill and then kill again. He must make bodies and dead people and corpses. He must destroy Incinerator after Flue after Burner after Incinerator. Explosion on explosion. Death on death. Then, when the Incinerators were all in thrown ruin, and the hastily established morgues were jammed with the bodies of people shattered by the explosion, then he would begin his making of friends, his enrollment of the dead in his own cause. ”

“ But the assumption that the chain of causation is too attenuated to justify the use of functionality to determine the level of scrutiny, at least in this context, is not.
Society increasingly depends upon technological means of controlling access to digital files and systems, whether they are military computers, bank records, academic records, copyrighted works or something else entirely. ”

“ The use of technological means of controlling access to a copyrighted work may affect the ability to make fair uses of the work. [159] Focusing specifically on the facts of this case, the application of CSS to encrypt a copyrighted motion picture requires the use of a compliant DVD player to view or listen to the movie. Perhaps more significantly, it prevents exact copying of either the video or the audio portion of all or any part of the film. ”

“ First, the statute expressly provides that “a technological measure ‘effectively controls access to a work’ if the measure, in the ordinary course of its operation, requires the application of information or a process or a treatment, with the authority of the copyright owner, to gain access to a work.” ”

“ If a technological means of access control is circumvented, it is, in common parlance, ineffective. Yet defendants’ construction, if adopted, would limit the application of the statute to access control measures that thwart circumvention, but withhold protection for those measures that can be circumvented. In other words, defendants would have the Court construe the statute to offer protection where none is needed but to withhold protection precisely where protection is essential. ”

“ There are far too many who, given any opportunity, will bypass those security measures, some for the sheer joy of doing it, some for innocuous reasons, and others for more malevolent purposes. Given the virtually instantaneous and worldwide dissemination widely available via the Internet, the only rational assumption is that once a computer program capable of bypassing such an access control system is disseminated, it will be used. ”

“ They contend that the advent of new technology should not alter this long established structure.
Defendants, on the other hand, are adherents of a movement that believes that information should be available without charge to anyone clever enough to break into the computer systems or data storage media in which it is located. Less radically, they have raised a legitimate concern about the possible impact on traditional fair use of access control measures in the digital era. ”

“ Reverse engineering Defendants claim to fall under Section 1201 (f) of the statute, which provides in substance that one may circumvent, or develop and employ technological means to circumvent, access control measures in order to achieve interoperability with another computer program provided that doing so does not infringe another’s copyright [148] and, in addition, that one may make information acquired through such efforts “available to others, if the person [in question] ... ”

“ Defendants argue first that the DMCA should not be construed to reach their conduct, principally because the DMCA, so applied, could prevent those who wish to gain access to technologically protected copyrighted works in order to make fair—that is, non-infringing—use of them from doing so. They argue that those who would make fair use of technologically protected copyrighted works need means, such as DeCSS, of circumventing access control measures not for piracy, but to make lawful use of those works. ”

“ Defendants are not the first to recognize that possibility. As the DMCA made its way through the legislative process, Congress was preoccupied with precisely this issue. Proponents of strong restrictions on circumvention of access control measures argued that they were essential if copyright holders were to make their works available in digital form because digital works otherwise could be pirated too easily. Opponents contended that strong anti-circumvention measures would extend the copyright monopoly inappropriately and prevent many fair uses of copyrighted material. ”

“ Technological access control measures have the capacity to prevent fair uses of copyrighted works as well as foul. Hence, there is a potential tension between the use of such access control measures and fair use. ”

“ If civilization tends to do away with liberty, then I agree with Mr. Buckle that civilization is a curse. Gladly would I give up the splendors of the nineteenth century—gladly would I forget every invention that has leaped from the brain of man—gladly would I see all books ashes, all works of art destroyed, all statues broken, and all the triumphs of the world lost—gladly, joyously would I go back to the abodes and dens of savagery, if that were necessary to preserve the inestimable gem of human liberty. So would every man who has a heart and brain. ”

“ Individuals infected with the “disease” of capability of circumventing measures controlling access to copyrighted works in digital form, however, do not suffer from having that ability. They cannot be relied upon to identify themselves to those seeking to control the “disease.” And their self-interest will motivate some to misuse the capability, a misuse that; in practical terms, often will be untraceable. [214]
These considerations drastically alter consideration of the causal link between dissemination of computer programs such as this and their illicit use. ”

“ Here, dissemination itself carries very substantial risk of imminent harm because the mechanism is so unusual by which dissemination of means of circumventing access controls to copyrighted works threatens to produce virtually unstoppable infringement of copyright. In consequence, the causal link between the dissemination of circumvention computer programs and their improper use is more than sufficiently close to warrant selection of a level of constitutional scrutiny based on the programs’ functionality. ”

“ As the earlier discussion demonstrates, the question whether the development of a Linux DVD player motivated those who wrote DeCSS is immaterial to the question whether the defendants now before the Court violated the anti-trafficking provision of the DMCA. The inescapable facts are that (1) CSS is a technological means that effectively controls access to plaintiffs’ copyrighted works, (2) the one and only function of DeCSS is to circumvent CSS, and (3) defendants offered and provided DeCSS by posting it on their web site. ”

“ The computer code at issue in this case, however, does more than express the programmers’ concepts. It does more, in other words, than convey a message. DeCSS, like any other computer program, is a series of instructions that causes a computer to perform a particular sequence of tasks which, in the aggregate, decrypt CSS-protected files. Thus, it has a distinctly functional, non-speech aspect in addition to reflecting the thoughts of the programmers. It enables anyone who receives it and who has a modicum of computer skills to circumvent plaintiffs’ access control system. ”