Glyn Moody's blog

A Bit of Licence

October 26th, 2009 by Glyn Moody

One of the striking aspects of the free software community is its obsession with licences. It's as if within every hacker there's a lawyer struggling to get out. But maybe it's not so surprising; as Larry Lessig reminded us, “code is law”, and the reverse is also true in the sense that the licence adopted has a big impact on how the software is produced. That explains, in part, why recent discussions of Oracle's proposed acquisition of Sun – and hence MySQL – have once more put free software licences under the microscope.

Cloud computing: you may have heard of it. It seems to be everywhere these days, and if you believe the hype, there's a near-unanimous consensus that it's the future. Actually, a few of us have our doubts, but leaving that aside, I think it's important to ask where does open source stand if the cloud computing vision *does* come to fruition? Would that be a good or bad thing for free software?

I'm a big fan of Matt Asay's writings about free software. He combines a keen analytical intelligence with that rare thing: long-term hands-on experience in the world of open source business. But even though I generally look forward to reading his posts, I have been rather dreading the appearance of one that I knew, one day, he would write...because it would be wrong. And now he has written it, with the self-explanatory headline: “Free software is dead. Long live open source.”

Whenever I write about Microsoft here I usually get a few comments asking me, with varying degrees of politeness, why I am wasting electrons on this subject on a site devoted to GNU/Linux. The reason I do this – and why I am about to do it again – is that whether we like it or not, Microsoft remains probably the single most important external factor in the free software world. It's useful, therefore, to try to understand what exactly the company's open source strategy is, in order to head off some of its worst aspects, and to build on any positive elements. The trouble is, I don't think Microsoft has an open source strategy any more.

People contribute to free software in many ways. Some write the stuff; some write *about* the stuff, spreading the word; and some actually spread open source directly by giving away systems to those who need them. We hear a lot about the stars of first group, and the second group make a lot of noise on their own. But too often we take the third group for granted. I want to talk about one of the unsung heroes of open source – someone who has helped many, and now needs a little help from us.

You may have noticed the odd bit of celebration around the magic billion downloads milestone for Firefox. Of course, as Mozillans themselves point out, that figure doesn't tell us very much; more useful, perhaps, are stats like 300 million users, but that too is only an estimate. And in any case, I think looking backwards is precisely the wrong thing to do at this point: what we need to ask is how do we get the *next* billion downloads – and why do we want them?

Update: Microsoft's comments can be found at the end of this article.

Microsoft plays to win. As a result, it seems to regard any legal means as justified, and sometimes even strays outside the law, as the US anti-trust case demonstrated. In the context of marketplace rough-and-tumble, such aggressiveness is perhaps acceptable, but in other realms, there may be serious collateral damage. A good example of where that is the case is Microsoft's behaviour during the OOXML standardisation process at the ISO.

A couple of weeks ago, I wrote about an impending meeting with Microsoft to discuss some of its actions during the standardisation process of OOXML at the ISO. I asked Linux Journal readers for some help in preparing for this, and you responded with a generosity entirely in keeping with the spirit of free software. The many helpful comments to that post give some indication of the scale of the response, but that overlooks the extraordinary emails I received from others, packed with useful information, which clearly represented many hours' work. To everyone, I'd like to express my thanks. The bad news is that the meeting is not going to take place after all.

Next week, I'm taking part in a debate with a Microsoft representative about the passage of the OOXML file format through the ISO process last year. Since said Microsoftie can draw on the not inconsiderable resources of his organisation to provide him with a little back-up, I thought I'd try to even the odds by putting out a call for help to the unmatched resource that is the Linux Journal community. Here's the background to the meeting, and the kind of info I hope people might be able to provide.

For an outfit that calls itself “the world's largest business software company”, the German software giant SAP is relatively little-known in the open source world. With 51,500 employees, a turnover of 11.5 billion euros ($16 billion) last year, and operating profits of 2.7 billion euros ($3.8 billion), SAP is clearly one of the heavyweights in the computer world. Given that huge clout, SAP's attitude to open source is important; and yet it is hard to tell whether it is really free software's friend or its foe.

One of the most exciting developments in the last few years has been the application of some of the core ideas of free software and open source to completely different domains. Examples include open content, open access, open data and open science. More recently, those principles are starting to appear in a rather surprising field: that of government, as various transparency initiatives around the world start to gain traction.

Should Microsoft pay for the billions of dollars of damage that flaws in its software have caused around the world? It might have to, if a new European Commission consumer protection proposal becomes law. Although that sounds an appealing prospect, one knock-on consequence could be that open source coders would also be liable for any damage that errors in their software caused.

Three years ago, Tom Foremski wrote an interesting piece called “Adapt or die--the choice facing the open source movement“, which began:

Can Larry Ellison be stopped? By which I mean could Oracle shut down the fledgling open-source software movement through a series of acquisitions??

Sharing lies at the heart of free software, and drives much of its incredible efficiency as a development methodology. It means that coders do not have to re-invent the wheel, but can borrow from pre-existing programs. Software patents, despite their name, are about locking down knowledge so that it cannot be shared without permission (and usually payment). But are there ever circumstances when software patents that require payment might be permitted by an open source licence? That's the question posed by a new licence that is being submitted to the Open Source Inititative (OSI) for review.

What was Richard Stallman's greatest achievement? Some might say it's Emacs, one of the most powerful and adaptable pieces of software ever written. Others might plump for gcc, an indispensable tool used by probably millions of hackers to write yet more free software. And then there is the entire GNU project, astonishing in its ambition to create a Unix-like operating system from scratch. But for me, his single most important hack was the creation of the GNU General Public Licence.

Last week, I wondered whether I'd gone back in time. Everywhere I went online – on news sites, blogs and Twitter – people were celebrating the 15th birthday of Linux, it seemed. “How is this possible?” I asked myself. “Since Linux was started in 1991, that must mean we are in 2006: have I fallen through a wormhole into the past?”

Open source is an outsider, not part of the establishment. One price it pays for this is not being privy to all the decisions that are made in the field of governmental policy. Too often, established players are involved without any counterbalancing input from the free software side. Generally, we don't see all the machinations and deals that go on here behind closed doors. But thanks to the increasingly-indispensable Wikileaks, we have the opportunity to observe how an organisation close to Microsoft is attempting to re-write – and hijack – an important European Union open source strategy paper.

The announcement that one of MySQL's founders, Monty Widenius, was leaving Sun, was generally regarded as a pity, though no huge surprise, given the rumours that had been swirling since last year. But its impact was redoubled following the even more astonishing news that MySQL's boss, Marten Mickos, was also moving on; together, they inevitably sent shock-waves through the open source world. Most analysis has centred on the state of Sun, and whether these two high-profile departures mean that the MySQL acquisition was a mistake, or has already failed. But here, I'd like to look at a bigger question that these moves pose: do top hackers (and their managers) have too much money?

Did Linus Jump Too Soon?

January 31st, 2009 by Glyn Moody

One of the many great things about Linus is that he doesn't bottle it up: he speaks his mind on things that matter to him, without worrying overly about what others might say as a result. And when he mentioned in the course of an interview that he had switched from KDE to GNOME, others soon had plenty to say on the subject. But I don't want to revisit those arguments about which is better today: instead, I want to explore the possibility that Linus decided to jump to GNOME at precisely the time when KDE could soon leapfrog it in important ways.

The world and their dog seems to be talking about Windows 7 at the moment. Ironically, in part that's because it's proving almost impossible to download the beta that has just been released: you can't help feeling that Microsoft has let this happen on purpose just to create a little demand. But while everyone is looking forward, I want to look back, at Windows Vista – more specifically, to the FSF's BadVista campaign.

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December 2009, #188

If last month's Infrastrucuture issue was too "big" for you then try on this month's Embedded issue. Find out how to use Player for programming mobile robots, build a humidity controller for your root cellar, find out how to reduce the boot time of your embedded system, and if you're new to embedded systems find out the basics that go into one. You can also read about the Beagle Board, the Mesh Potato and a spate of other interestingly named items. And along with our regular columns don't miss our new monthly column: Economy Size Geek.







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