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10. 2.2006 (previous | next)
Take the Kiddy Gloves Off Open Source

eWeek reports on statements by OSDL leaders and others on patent risks at Gartner's recent Open Source Summit.

If the open source camp is using current GPL3 tiffs between Torvalds and Stallman as an occasion to pull themselves together, appear reasonable, present a good showing to skeptics, and assure the technology industries that open source is now serious business, then all you proprietary industry PR groups take note and be careful. These open source folks are slick, yeah, really really slick.

Patent infringement against open-source projects is not really a threat and is just noise, said Stuart Cohen, the CEO of OSDL... This is just not going to happen..."

Brian Behlendorf, one of the founders of the Apache Foundation and the CTO of Collabnet, told attendees that if a contributor to the Apache Foundation submitted some code that the contributor did not to have the rights to, the agreement that contributor signs makes him or her responsible for the legal consequences.

Mike Millinkovitch, the executive director of the Eclipse Foundation, said: "We have three full-time employees, one of whom is a lawyer, who do nothing but scrub our code, and when we are done, companies like IBM and BEA do that all over again. Open-source code is among the most closely scrutinized code out there."

Software is also not about religion... Millinkovitch said, adding that proprietary software and open-source software will continue to operate side-by-side for a long time to come.

These statements show open source leaders accepting and accounting for basic legal and business compliance costs that the rest of the technology industry works under. More or less, Cohen and others are saying: we don't need to be treated with kiddy gloves. This goes a long way for open source. It acquires a mature voice that many have waited for; thereby casting aside notions, such as those supported by EFF, that its contributions to innovation can continue only if open source is exempted from all common liability and standards.

Its good to see open source helping itself, rather than attempting to change policy in ways which would effectively emasculate the American innovation economy. Now, if only someone can pursuade Stallman to play along...

posted by Noel Le @ 7:47 AM | Free Culture Movement

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Comments

Getting Stalin--I mean Stallman--to play ball is going to require a bit of divine intervention. The man is a nutjob who is increasingly finding that there are a lot of people who want real freedom: the ability to mix and match products that work for them.

The one thing about OSS that y'all at the PFF and elsewhere don't seem to get is that a lot of it comes from the frustration that normal people have with buying software. They think they're buying it, when in fact they have no legal rights to the actual instructions... just the media they bought it on. My mom's reaction when she found out that she had to buy a new copy of Windows XP when her academic license ran out was, in part, a string of obscenities shouted out of a property rights-driven outrage. The summary, "it's my damn operating system. They sold it to me, they can give me my money back if they think they can tell me what to do with it."

Most people are like that. If you look at the OSS licenses, you'll notice that they don't even apply to anyone except developers and resellers. I have said it once, and I'll say it again. The public policy and business establishments are clueless about human nature these days and can't accept that the organic, human nature-based understanding of property rights is fundamentally different from the law school version. The only exception to the "first sale, it's mine" for most people is if you put a contract down in front of them and they sign it.

If you want to disarm people like Stallman, you need to accept the fact that property is property, and some of the things y'all call property is just a vernacularization of a legalistic way of saying "state-granted monopoly." Most people are fine with those monopolies, but only when they don't become assaults on the common definition of property rights. The ultimate test of whether or not the public can accept a "property rights" definition of copyright will be if copyright holders are willing to submit their creations to the restrictions and protections of state property laws.

Posted by: MikeT at October 2, 2006 12:25 PM

I can give you the benefit of the doubt on things like reverse engineering, but the problem that ultimately arises is that the lobbyists for major copyright holders seek the maximum restrictions they can get on everyone else, including assaults on state-protected property rights. That is why I advocate a third way, which is to bind copyright holders to the social expectations of physical manufacturers. IE, you can sell a single copy of Windows, or agree to allow multiple versions to be installed from the same serial number, but you cannot legally force them to abide by the EULA or restrict their actions.

Posted by: MikeT at October 2, 2006 12:29 PM








 
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