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Mundie Responds

HaiLHaiL writes: "Microsoft's Mundie has a commentary running on ZDNet responding to the responses to his speech. " No real surprises, but it's getting submitted a lot so I figured I'd post it for you. Lots of good points, but I'm sure you can guess the gist of it.

12 of 478 comments (clear)

  1. What a crock by Jeffrey+Baker · · Score: 5
    THe main problem with Mundie's argument is that there numerous counterexamples. Mundie:
    Without intellectual property protection, neither innovation nor a healthy commercial software industry is sustainable. The last 50 years of public- and private-sector collaboration has demonstrated that when intellectual property rights are protected, innovators are rewarded for their efforts.

    But actually, that isn't what the last 50 years have shown us. In exact opposition, the last 50 years have shown us that open systems are the one s that exhibit massive, uncontrolled growth and contribute the most surprising things to society. The "PC era" that Mundie invokes in this article was possible not because of IBM's lightning wit, but because Compaq and the rest pried IBMs intellectual property away to make PC clones. The Internet was the result of public sector research. HTTP, SMTP, DNS, POP, IMAP, SSL, ICP, HTML/SGML/XML, and every other enabling technology of the Internet was given away freely by its creator. The web was created, and given away. BIND, Sendmail, NCSA httpd, Apache, and free operating systems are examples of key technologies that enjoy wide, free distribution unconstrained by their licenses.

    There is only one example of an underlying enabling technology that fell under strong intellectual property protection. RSA encryption was patented and required licensing until last year. This "protection" literally crippled encryption innovation for some time. People were forced to either invent their own encryption schemes that weren't covered by RSA's patents, license RSA's patents for large sums of money, or ignore their patents. If you have set up an Apache HTTPS server before this year, you know what a pain in the ass it was to do so legally in the United States. The intellectual property protection afforded to RSA was a huge blow that slowed the growth of encryption for years.

    There are so many more examples of technology that was freely distributed to the benefit of society. The C and C++ languages upon which Windows is built are an example. Think of where Microsoft would be if they had to pay a recurring licensing fee for every C++ object they compiled. Consider also how damn hard it would be to debug a C++ program if the format of the object file were protected under intellectual property laws. Think of what Windows would be if the inventors of TCP/IP had refused to license the protocols to Microsoft. Windows would of course be worthless with TCP/IP networking. What would Windows 2000 be if LDAP and Kerberos had not been available to the developers? Microsoft is standing on the shoulders of a giant so big, that they don't even realize it.

    Mundie is flat wrong in his argument: almost all of the software technology that we take for granted today was the direct result of research and development performed in the open and given away.

  2. "Shared Source" Philosophy by PD · · Score: 5

    Summarized and dissected:

    1) Helping customers and partners to be successful through source access programs.

    Their philosophy is exclusive, and therefore limited in how effective it can be. Students and other poor people are NOT allowed to participate in their philosophy.

    2)Building the development community and offering the tools to produce great software.

    A community is a spiderweb network arrangement of people, with free associations. Shared Source is a star topology network, with Microsoft strictly arbitrating all associations between clients. They don't fit my definition of "community" very well.

    3) Improving feedback processes in order to create better products for Microsoft's customers and partners.

    This is an unequal flow of information, which makes me wonder how Microsoft thinks of their partners. Imagine what would happen if our relationships with wives and girlfriends (ideally a partnership) worked like this. The Man (Microsoft) would do what he wanted. The woman would give everything she earned to the Man. The Man would provide everything that the Woman needed. Occaisionally, he would sit down and listen to the various ways he could improve the quality of what he provided to her, to make her happy. If he decided not to implement suggestions, that would be touch luck for the Woman. How long would it take for the Woman to tell the Man to screw himself and his "partnership"?

    4) Maintaining the integrity of our customers' environments.

    Integrity simply means that words and actions are aligned. Microsoft doesn't seem to understand what partnership and community actually mean, so how can we expect them to have integrity? Integrity is easy if you are the author of the dictionary.

    5)Increasing educational access to get technology into the hands of universities worldwide, and to seed the future of a strong technology industry.

    This is called indoctrination. It's not a philosophy, it's a strategy.

    6)Protecting software intellectual property rights based on the firm belief that software offers value as the basis of a successful business.

    Software is the basis of Microsoft's business, but other businesses base themselves on things like financial services, building houses, making industrial machinery, etc. Reminds me of a guy at American Express that I used to work with. He actually told me "if Amex were to adopt open source, how could we make money if we gave all our software away?" I had to remind him that Amex made money off charge cards (not software), and they weren't required to distribute source if they didn't distribute the binary.

  3. Where this is directed by MAXOMENOS · · Score: 5
    I see two places where Mundie's attacks are directed.

    1. Suits in traditional industries who make IT buying decisions. Mundie's basic goal is to scare these people into thinking that a company that uses GPL software automatically surrenders their intellectual property rights. This is, of course, total nonsense, but there are a lot of people out there who are paranoid and/or clueless enough to believe it.
    2. Investors. Oh, not VC investors, at least not at first. VCs tend to be clueful. But Joe and Jane Average don't know the details of the GPL or the businesses that make their living off of GPL software, and they're going to look at Craig Mundie's comments and keep their investment dollars away from Linux based companies. VCs will then follow suit, if only because they know that the public won't go for stocks in Linux-based companies.

    I believe this is quite literally the best response that Microsoft has to the threat of the GPL: if you can't beat it on technical merits, strangle the money supply instead.

    Microsoft knows what would happen if Red Hat and VA Linux Systems went under: whole segments of the open source community, including Slashdot and Sourceforge, would suddenly find themselves quite strapped for cash. Linux and OSS development would be permanently crippled, at least relative to today's heady pace. Eventually, Microsoft would once again beat Linux on technical merits.

    The best solution to this problem is for companies like Red Hat and VA Linux to turn a profit, and soon. This is realistic for Red Hat; I'm really really hoping that it will also be realistic for VA soon.

    ObJectBridge (GPL'd Java ODMG) needs volunteers.

    1. Re:Where this is directed by rkent · · Score: 5
      But Joe and Jane Average don't know the details of the GPL or the businesses that make their living off of GPL software, and they're going to look at Craig Mundie's comments and keep their investment dollars away from Linux based companies.

      Alright, you know what? I don't have such a problem with this. I've used linux for 6 years, and I love that linux companies are popping up all over the place and great software is coming from it. But those companies are facing quite a challenge in taking Linus's hobby and the GNU's political activism and combining them to make a business. And if Joe and Jane Average don't understand what a risky proposition this is, then they shouldn't be investing their retirement accounts in linux stocks.

      I for one am quite skeptical that companies like VA and Redhat should in fact be public at this point. Maybe redhat, since they're much closer to turning an actual profit (or did they last quarter? I don't watch their bottom line much), but in general, Linux companies who went public did so because it was en vogue in the late 90s. Those that make it, good for them, but if they shouldn't have been in that position in the first place, I can't really encourage investment in them by people who aren't familiar with the issues.

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  4. Inventors, innovation, and money. by angst_ridden_hipster · · Score: 5

    I like how Mundie casts it solely as a money issue, and how he cites a few notable, successful, capitalist inventors (Alexander Graham Bell, Thomas Edison and Henry Ford) to make it seem like all innovation is about wealth.

    He left out a lot of inventors who weren't in it for the money, or who got cheated by big capital: Tesla died penniless, as did Baron Karl von Drais de Sauerbrun, Jan Matzeliger, Mandee Daguerre, Walter Shaw, Samuel Morse, William Friese-Greene, Lee de Forest, Johann Gutenberg, Henry Trengrouse, and on and on....

    Then there are all the inventors/researchers who did what they did not for money, but for the love of it. Let's look at computer scientists. Does anyone think that Nicholas Wirth, Edsger Dijkstra, Grace Hopper, Steve Wozniak, Don Knuth, John von Neumann, Alan Turing, Brian Kernighan, Dennis Ritchie, Kenneth Thompson, Linus, etc, etc, were doing it all for the money?

    There's doing it for money, which is the world Mundie understands, and then there's doing it for love, which he finds very threatening.
    bukra fil mish mish
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  5. The most telling line by Brento · · Score: 5

    Companies have the choice of protecting or relinquishing the intellectual property resulting from their research and development consistent with their particular customer and business needs.

    We know what choice Microsoft has made. As much as we want to flame Microsoft for making buggy, expensive software, it's their business model, and it's obvious that Mundie is advocating something more than shared-source here. He's rubbing it in the face of the Linux industry when he says it: companies have the choice whether to hang on to their source or not, and the success of the company is often indicative of the choices they make.

    Whether you love 'em or hate 'em, you just can't point to any other company and say they've had the same results. It's easy for Mundie to say that shared-source (rather than open source) has played some role in that growth, because there's no way any of us can refute it. But at the same time, he could just as well have been saying that the success of Microsoft is due to Gates having a bad haircut, and that every CEO/founder/President should have a bad haircut.

    In their defense, though, Mundie is saying that it's a choice, and it's a choice Microsoft has made. It's not like they aren't aware of the choice: they're making it to satisfy their business needs, like stockholders, and I sincerely doubt the stockholders would jump for joy if Microsoft gave up the source code tomorrow.

    --
    What's your damage, Heather?
  6. Re:Astroturfers now define slashdot content by coyote-san · · Score: 5

    You're right. It's inexcusable for the Slashdot editors to pay attention to what the readers find interesting!

    They should decide what we will read, and when we will read it! AND WE SHOULD LIKE IT!

    I mean, letting readers decide what's covered by the media is as silly as... as silly as letting users decide what features the OS and applications should have! That way lies anarchy! Madness! Declining Microsoft stock prices!

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    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  7. He's right by Hard_Code · · Score: 5

    His argument is that hoarding ("protecting") IP is the only way to economic success. And he may be correct. There's no doubt that keeping your code proprietary and out of the eyes of others will make you more money when your product is the code itself. But who cares? Who is arguing against this? This is not an argument. This is a truism.

    The discussion is at a more fundamental level - should people be allowed to monopolize ideas indefinately? He casually skirts this larger undercurrent by preemptively Fearing us with some blather about IP resulting in economic growth, IP making us rich and happy. *You* don't want to be the one to ruin the economy, *do you* hippy free code slacker? What's good for Microsoft is good for America.

    Seeing as he was talking to a business school, it does make sense that he was saying that Open Source is not the way to make money (so, and helping old ladies accross the street all day isn't either). His arguments seem to stem from the assumption that making money is the ultimate test of human endeavor. Whereas the Free Software community has different values.

    yes this is rantish, i don't care

    --

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  8. He's getting closer, but it's still a miss... by iceT · · Score: 5

    At least now he can distinguish between Open Source and the GPL, although I believe the title of the article is mis-leading.

    There is nothing in an open source model that can keep someone from competeting against it. If you can build a significantly better mousetrap, then people will buy it anyway. DEC VAX/VMS was a completely open source operating system that was a SIGNIFICANT player in the late 80's and early 90's. Their OS source code was available for a nominal fee (to pay for the Microfiche it came on).

    What Mr. Mundie and Microsoft in general still seems to be wresting with is competing against the GPL. The GPL is a software house that produces code that's free, is of good quality, and can't be bought, incorporated, dismantled, or undersold. All their tried and true techniques of competition don't work.

    The only way to compete with the GPL is to be more customer focused, have better quality, and respond to changes quickly. MS's customer base is too big and too divserse to do that, and they lack real cross-platform development abilities.

    Perhaps Microsoft is starting to feel a similar pain to what Netscape felt when Microsoft released IE and IIS for free? Netscape couldn't buy it, they couldn't dismantled it, and they couldn't undersell it, and it was good quality (Esp. for Windows platforms), and their last resort was to open-source the browser.

    --
    -- You can't idiot-proof anything, because they're always coming out with better idiots.
  9. Unfinished, chaotic, ... by aralin · · Score: 5
    Is it just me or does it seem to you also that the reply is lacking some conclusion and basicly just states a lot of things in random order? Its pretty clever though, since he uses the same tactic again. He implies how intelectual property is so much important and then he raises his concerns about GPL, without making any conclusions.

    But the problem that no one really mentioned is that GPL is protecting my intelectual property. Its protecting it in the exact way I want it to be protected and its protecting it so well, that Microsoft cannot steal it! And thats why they cry out loud. They see all the revenues lost, they could gain if they would be able to steal my intelectual property. And thats makes them mad.

    --
    If programs would be read like poetry, most programmers would be Vogons.
  10. classic by Frizzled · · Score: 5

    this line was funny and painful at the same time:

    The issue at hand is choice; companies and individuals should be able to choose either model, and we support this right.

    yet from the beginning it seem MS has wanted to make this choice for us ...

    _f

  11. Re:I love this comment by Dr.+Dewpoint · · Score: 5
    I heard Stallman lecture on intellectual property a while back, and the big problem is software patents and how the big guys can use them to prevent the little guys from doing ANYTHING. If you have some software the uses exclusive-OR to redraw a graphics cursor, well, you are infringing.

    If I use a patented washer in some mechanism that I sell, well, I can buy that washer from a supplier that holds patent rights. If I use a patented software hack, only a component in my system, I can get shut down if I get caught. The big guys sue each other over patents but end up cross-licensing each other into a big guys club.

    Stallman's concern was that in the software land-rush patent-grab where the most obvious stuff gets patented but it is tres expensive to challenge any of those patents once they get issued, one wouldn't be able to write any software at all.

    What the GPL does is stake out territory, not only in high-level stuff like OS's and compilers, but also low-level stuff like algorithms. GPL code lying around makes a strong case for prior art that someone cannot patent, say, a compression algorithm found in GPL's source somewhere.

    The extension of this, is that if Microsoft needs a compression algorithm found in a popular piece of GPL code, they will have to prove that they did not look at the popular code and hence have to open-source all their stuff, which they are not eager to do.

    IMO the GPL is a fair way of fighting the software patent land grab, and software gets written on account of government funding at universities and gets GPL's, well, Microsoft needs to suck it in.