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03.29.2007 (previous | next)
Interoperability, GPLv3, & IP Law

Interoperability is one of the current Holy Grails of the tech world. It is also favored by copyright law. Section 1201(f) provides immunity from the anti-cracking rules for activities designed to promote software interoperability, which is defined as "the ability of computer programs to exchange information, and of such programs mutually to use the information which has been exchanged."

So an oddity of the debate over GPLv3 is that the open source community, or at least the Free Software Foundation part of it, is fighting hard for a closed system, one that permits interaction only among a limited set of programs produced under FSF-specified rules.

The proprietary software producers, on the other hand, especially the baddest bear in the forest, Microsoft, are fighting for an open system, one that allows for interaction among programs whatever their derivation.

The explanation of this apparent paradox, I think, is that FSF is actually far more imperial in its ambitions than Microsoft. As I wrote last Fall in TCSDaily:

Some commenters suggest a devious Redmond plot to destroy Linux, but the idea that Microsoft has any hopes along these lines is absurd. Linux is supported with big money and in-kind help from IBM, HP, Sun, Dell, Google, and a roster of other major players. Customers want it available. These factors will not change, so Linux will thrive. . . .

Microsoft may not want to destroy the open source movement, but the open source movement, at least as embodied in FSF, certainly wants to destroy Microsoft, as a step toward its ambition of eradicating property rights in software, root and branch, not to mention rights in other forms of content. The world's biggest software company is an obvious impediment to this ambition.

From the FSF point of view, the fact that the customers want interoperability is a bug, not a feature. The FSF does not want interoperability, unless this is interpreted to mean that the open sourcers get to use Microsoft code without granting reciprocity. It wants to force a choice between open and proprietary code, with the former winning, perhaps with the help of a few thumbs on the scale from various governments.

The unending accusations by FSF that Redmond is engaging in FUD and trying to destroy "the community" seem to me to be itself largely FUD (FUD by accusing others of FUD -- it is almost Sicilian) or else straight-out psychological projection.*

In any event, as noted yesterday, GPLv3 is a license that has delusions of grandeur, and thinks it is government regulation. (There is something about the opacity and convoluted language of GPLv3 that brings out the shrink in me.)

But why it should be allowed to claim precedence over real government policies and laws that favor interoperatibility and interaction is a bit of a mystery. Public policy allows for both models of software production, as it should, and should also encourage interaction between them. The FSF is not yet the Software Regulatory Authority.

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* From DrSanity: "Projection - attributing one's own unacknowledged feelings to others; includes severe prejudice, severe jealousy, hypervigilance to external danger, and "injustice collecting". (EXAMPLES) (remember that projection is a primitive form of paranoia, so it is common in today's world)."

posted by James DeLong @ 2:37 PM | Software

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"The open source community, or at least the Free Software Foundation part of it, is fighting hard for a closed system, one that permits interaction only among a limited set of programs produced under FSF-specified rules."

Could you please explain what you mean by this? It doesn't make any sense to me. The FSF is fighting to prevent its own code (or other GPL-licensed software) from being incorporated into proprietary software, and they're fighting to avoid having to pay patent licensing fees for the privilege of using their own software. But they've never tried to prevent free software interoperating with proprietary software, or to proprietary software being built on top of free software platforms or using free software tools.

Posted by: Tim at March 29, 2007 3:42 PM

Simple- Stallman and the FSF want to force a single, restristive, and arbitrary license on all software exchanges (arbitrary b/c Stallman would weigh in more on its enforcement more than any objective legal standard).

Of course, Tim, you will say that developers will have the choice on what license to put their work under; but that does refute the point that GPL3 aims to negate all other private contracts and IPRs. Thats hardly good for either diverse and flexible transactions.

***they've never tried to prevent free software interoperating with proprietary software***

Wrong, look at the FSF's reaction to MSFT and Novel.

Posted by: Noel Le at March 29, 2007 5:56 PM

"that does refute the point that GPL3 aims to negate all other private contracts and IPRs."

No, they just aim to negate contracts and "IPRs" that restrict the distribution of GPLed software. Since it's their software, don't they have a right to determine how it'll be used?

"Wrong, look at the FSF's reaction to MSFT and Novel."

They weren't objecting to interoperability and you know it. Their objection was to the patent deal. There are lots of free software projects that interoperate with proprietary software, and the FSF has never said a word about most of them. They only object to ones that seem designed to restrict peoples' freedom to use GPLed software.

Posted by: Tim at March 29, 2007 7:05 PM

***No, they just aim to negate contracts and "IPRs" that restrict the distribution of GPLed software.***

Exactly, the FSF wants to negate every other form of transaction.

***They weren't objecting to interoperability and you know it. Their objection was to the patent deal... They only object to ones that seem designed to restrict peoples' freedom to use GPLed software.***

Exactly, the FSF objected to the greatest effort to date to have FOSS and proprietary software interact:)

Posted by: Noel Le at March 29, 2007 7:08 PM

"Exactly, the FSF objected to the greatest effort to date to have FOSS and proprietary software interact"

What on earth are you talking about? There are tons of examples free software projects that "interact" with proprietary software. For example, Samba's *entire reason for existing* is to allow non-Microsoft operating systems to work on Windows-based networks.

Posted by: Tim at March 29, 2007 7:57 PM

OK, by "greatest" I did not mean most important or innovative; What I meant is that the MSFT-Novell pact signifies a change in the industry, and a remarkable move for a firm that many view as the evil empire of IP.

Tim, you recently wrote on how closed business models must "open" up to continue innovating, you used IBM as an example of how openness can stir interop and more dynamism in the technological community. Why don't you see something similar in MSFT-Novell?

Posted by: Noel Le at March 29, 2007 9:20 PM

"OK, by 'greatest' I did not mean most important or innovative."

In other words, you're conceding my point: there are tons of examples of efforts to make free and proprietary software interoperable that haven't raised the ire of the FSF. Which makes it exceedingly implausible that the FSF's reaction to the Novell deal was driven by a desire to prevent interoperability with Microsoft products. So I repeat my question: what is DeLong talking about when he says that the FSF is trying to build a closed system?

Posted by: Tim Lee at March 29, 2007 11:36 PM

Again, the FSF is fighting its hardest for a closed system because it seeks to limit the range of interactions in the technological community. Samba is hardly any laurel on which to rest the FSF's support for interop when Stallman *increasingly* tries to deter important and emerging means of interop.

Granted, the phrase “the FSF… is fighting for a closed system” can seem vague standing alone, but clarity comes in the next part of the sentence: “[by permitting] interaction only among a limited set of programs produced under FSF-specified rules.” They key to understanding “closed system” is “interaction”; which Stallman wants to stomp out between different parts of the technological community by negating the grounds on which parties form diverse and flexible contracts. (thats my reading)

Posted by: Noel Le at March 30, 2007 12:36 AM

"Exactly, the FSF objected to the greatest effort to date to have FOSS and proprietary software interact:)"

They did not. They objected to the other half of the deal. The half that didn't have to do with interoperability but did have to do with working to prevent others from exchanging software that they have written as they wish. Which by your own argument is a bad thing.

Posted by: Rob Myers at March 30, 2007 4:48 AM

Rob, how exactly did the deal between Novell and Microsoft impact other FOSS distros and their users? The FSF and Red Hat claimed some kind of harm, but their argument boils down to "others' gain is our loss."

Posted by: Noel Le at March 30, 2007 12:51 PM

What a waste of time to (voluntarily) contribute to this hard-core pro-IP weblog run by an obvious hard-core IP person (lawywer, I guess) and even generating traffic for him. It just should be silenced to starvation.

One of the major reasons why much more FOSS and "Free Culture" and "FreeAnything[tm]" is needed in the world is to make people like him and the jobs they do obsolete. Are you actually creating something in your life? Or just making money with fancy IP cases hindering everybody else creating stuff? Gosh...

Posted by: Mark at April 4, 2007 7:32 PM








 
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