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Open Source And The Obligation To Recycle

Lisa writes "Tim O'Reilly has a piece called "Open Source and the Obligation to Recycle" in his weblog, where he urges every company whose products are "obsolete" to consider making them available under an open source license, or putting them in the public domain, thereby enriching the soil of our collective commons. (Interestingly, the first posting on the weblog disagrees, saying "...Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.)""

312 comments

  1. Just think of how good it would be for BeOS by whirred · · Score: 0, Redundant

    This makes perfect sense, especially for companies going under. Why leave some closed-source relic behind as a worthless chapter 11 asset when you can give it to people who can continue to develop it?

    This is exactly the problem for all the people who loved BeOS, and it's a shame that they haven't open sourced it for all the devoted supporters to use.

    It's good to see that O'Reilly still has his head screwed on.

    1. Re:Just think of how good it would be for BeOS by Catroaster · · Score: 2, Informative

      Yes, if BeOS could open-source it...

      However, they can't: they don't actually own all the code on that BeOS CD, and it would cost a reasonably large amount to divest all the non-BeOS code from the code that they could legally open-source. Besides, doesn't Sony own it all now anyway?

    2. Re:Just think of how good it would be for BeOS by Anonymous Coward · · Score: 0

      Here's a clue: a good portion of the BeOS system is not their's to give away. How many times are people going to say this same thing? Over and over...

    3. Re:Just think of how good it would be for BeOS by rhost89 · · Score: 1
      --
      I will bend your mind with my spoon
    4. Re:Just think of how good it would be for BeOS by alkali · · Score: 2, Informative
      This makes perfect sense, especially for companies going under. Why leave some closed-source relic behind as a worthless chapter 11 asset when you can give it to people who can continue to develop it?

      Companies in bankruptcy can't give away assets; they have to be sold to pay off creditors. (Though if software is truly worthless, perhaps the highest bidder might be someone who would pay $1 to open source it.)

    5. Re:Just think of how good it would be for BeOS by rikkards · · Score: 1

      I agree this is a good idea but do you really think that the people responsible for trying to get someone to buy the assets of the company is going to want to lessen the (potential) value of the assets where the buying company may want to do something with the product?

  2. Silly counter-argument by kitts · · Score: 5, Insightful

    Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.

    I'm probably taking this out of context, but this is a silly thing to say:

    1. Corporate failures are not directly tied to bad software.

    2. You can still learn something from the source code of bad software, even if it's only what not to do.

    --
    -------------------------------------------------- ----
    charlton heston is more of a man than yo
    1. Re:Silly counter-argument by _DMan_ · · Score: 0, Troll

      Corporate failures are not directly tied to bad software

      True. Where would Microsoft be if they were?

    2. Re:Silly counter-argument by zmokhtar · · Score: 0

      In addition, I'd love to see the source for some of my favorite classics like test-drive or even jumjoe2!

      --
      Why aren't we told when editors moderate our posts?
    3. Re:Silly counter-argument by micromoog · · Score: 1, Redundant

      Bad software is not the argument. RTFP.

    4. Re:Silly counter-argument by grnbrg · · Score: 3, Funny

      Read the article -- if the company that fails fails through reasons unrelated to software quality, it will have a huge detriment to companies that provide a similar product, even if the remaining company had a slightly superior product.

      ie: If Microsoft were to cut loose SQL server, and published the full and complete source code under a completely free and open license (Quit laughing! It's just an example!) would Oracle maintain their current sales volume?

      Not likely.

    5. Re:Silly counter-argument by Cato+the+Elder · · Score: 5, Interesting

      You are definetely taking the remark out of context...of course, so did the original poster.

      I highly recommend you read the post, as it's fairly well written. At the risk of creating a strawman, BrettGlass argues that making failed software free will tend to hurt for-profit development in the same area, since they will still have to charge for their products. He asserts that it would be even worse if the orphaned code was relicensed under the GPL.

      I have to disagree with him on the degree of harm that would be caused to commercial development efforts by this. The market has already shown a tendancy to go with commercially supported solutions. Now, as far as a brand-new product that just got dropped, yes, that could have a chilling effect on the market for a while. But that's not the kind of orphaned code the article talked about most. Besides, if the product could cause your companies death, don't you think you'd try to raise the money to buy the code?

      I agree with him about releasing the code under the GPL, however. Doing that would prevent any commercial company from incorperating any of the code in there projects. At the same time, there would be no existing community of GPL-developers willing to work on the project and familiar with the codebase.

    6. Re:Silly counter-argument by jasonv118 · · Score: 1

      I think you missed this... what he means is, when a company fails and its product's source code is released, it could end up being so good that it could create a disaster for everyone else, meaning this new open source product beats everything else.

    7. Re:Silly counter-argument by benedict · · Score: 3, Informative

      What Glass doesn't get is that that would be a
      *good* thing. In your example, let's say Oracle
      loses half their market share to a free product.
      That means that companies around the world have
      billions and billions of dollars that they used
      to spend on database software that they can now
      spend on other things. It would be like a tax
      cut!

      --
      Ben "You have your mind on computers, it seems."
    8. Re:Silly counter-argument by alkali · · Score: 2
      Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.

      I'm probably taking this out of context, but this is a silly thing to say: [snip]

      Agreed, also because if the software has any market value, it can't be given away by a failed company -- the software product will be sold to pay off creditors.

    9. Re:Silly counter-argument by Anonymous Coward · · Score: 0

      MS SQL server given away free still couln't hurt Oracle. No big companies are about to bet their future on MS. They just have to use the desktop PC which locks up frequently to see why.

    10. Re:Silly counter-argument by grnbrg · · Score: 1

      Good for us, bad for Oracle.

      Who do you think businesses and the courts will think is a better outcome?

    11. Re:Silly counter-argument by grnbrg · · Score: 1

      Another point:

      Microsoft started giving IE away, and this *seriously* damaged Netscape.

      Has this, in the end, been good or bad for the consumer?

    12. Re:Silly counter-argument by bteeter · · Score: 1, Flamebait

      Its been VERY good. I now have an excellent, stable and fast browser on my desktop. Internet Explorer.

      Netscape's failure had much more to do with their product being lousy than it did with Microsoft giving theirs away.

      Take care,

      Brian
      --
      Last 2 Days to get a Free Palm m100...
      --

    13. Re:Silly counter-argument by mike_the_kid · · Score: 1, Flamebait
      ie: If Microsoft were to cut loose SQL server, and published the full and complete source code under a completely free and open license (Quit laughing! It's just an example!) would Oracle maintain their current sales volume?

      Not likely.


      Compare the cost of licensing SQL Server vs. Oracle. If you are going to buy a license from Oracle, its because SQL Server is not a viable option, regardless of its price. SQL Server and Oracle are just in different leagues, capabilities and price wise. In other words, if Micros~1 paid people $5 to use SQL Server, the people who buy Oracle would still buy.

      Or do you think that Open Sourcing SQL Server is going to change it somehow into a more robust database than Oracle?

      Mike
      --
      Troll Like a Champion Today
    14. Re:Silly counter-argument by zeda · · Score: 2, Insightful

      MS didn't give IE away they just made it part of the windows tax.

    15. Re:Silly counter-argument by waitdyahoo.com · · Score: 1

      Well the way I look at it, even if the company went out of buisness because the software is not up to par does not mean the source code is not good for any thing.

      It can be used for examples of what NOT to do..

      And even in the worst program there should be some good usable code.

      The more source code people have to look at the more ideas they can have to work with.

      The only way I can see it having a negative effect is people using code they don't understand and that code causing undesired side effects.

      On a side question how would that much source code be maintained? That would be a huge collection of code?

    16. Re:Silly counter-argument by ichimunki · · Score: 1

      Netscape's "failure" (not sure how they failed, I'm using NS6 right now-- if Netscape also owned an OS, they could bundle to prevent consumers from ever caring enough to switch, too) is more likely a result of their boneheaded decision to refactor the entire browser from the ground up. And it's *still* a mess if the source to Mozilla is any indication of how the project might look internally to Netscape. Plus, IE has the added advantage of not being distracted by stupid requirements like being able to do mail and read newsgroups or theming the toolbar with yet another set of widgets/icons that are almost the same as before.

      --
      I do not have a signature
    17. Re:Silly counter-argument by weinerdog · · Score: 4, Insightful

      Even if we were to accept Glass's argument about free software threatening for-profit business is true, one ought to question the assumption that this is a bad thing.

      It seems to me that people giving away something in a not-for-profit or community-oriented manner (as opposed to dumping in order to gain a for-profit advantage in the market, which is a different matter altogether) is always a good thing. The argument that it is bad because it hurts for-profit businesses trying to sell the same thing is based on the twisted notion that making money, and not satisfying human need, is the pre-emminent goal. Or perhaps it is the business model in which business speculates on potential demand rather than contracting to produce for existing demand that is the problem.

      It can be argued that community or family-based child care puts commercial daycare out of business. It can be argued that community or one-on-one educational activities hurts the business of trade schools that would like to charge money for teaching the same skills. It can be argued that cleaning one's own house and cooking one's own meals depresses the market for housekeepers and threatens the well-being of restaurants and the frozen food industry, but it would be ludicrous to argue that one should not cook one's own dinners, care for one's grandchildren, or teach one's neighbour how to install Windows (well...) because it's bad for the economy, unless one assumes that a strong economy is an end in itself, more important than the welfare of the people some of us thought the economy was supposed to serve.

      The bottom line being, if you are in business trying to sell something that someone else is willing to give away out of some sort of civic-mindedness, you should be looking for a new business to be in. If you are investing R&D money in a speculative venture, you should be prepared to lose big if demand for your product does not materialize, as well as win big if it does.

      --
      There's no such thing as Scotchtoberfest!
    18. Re:Silly counter-argument by HiThere · · Score: 2

      No. What he said about the GPL was equally silly "We wouldn't even be allowed to look at the code". It might be a bit damaging, however. Perhaps. But if it were good enough to be damaging, perhaps it would be good enough to be salable. At least, I can't imagine that something that wasn't good enough to be salable could be very damaging.

      Besides, the thrust of the article was at "obsolete code", so this is clearly a red herring.
      .

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    19. Re:Silly counter-argument by Zigg · · Score: 2

      What he said about the GPL was equally silly "We wouldn't even be allowed to look at the code".

      It made perfect sense to me. If your product's license is not GPL-compatible (and that's not exactly difficult to achieve), you should stay away from looking at GPL code for ideas just as much as, for example, Kaffe developers must stay away from Sun's Java code. Otherwise, you open yourself up for legal action.

    20. Re:Silly counter-argument by neo · · Score: 2

      I've never seen a product that couldn't be upgraded. Even if a failed company released it's software for free, smart people could make money by upgrading it to market demand. Having a code base is invaluable.

      What about competition would be bad for the surviving competitors of the failed company?

    21. Re:Silly counter-argument by benedict · · Score: 2

      Good for *non-Oracle businesses*, bad for Oracle.

      It's a different story.

      Oracle can lobby for its interests, of course, but
      that's relevant to the legislature, not the courts.

      --
      Ben "You have your mind on computers, it seems."
    22. Re:Silly counter-argument by benedict · · Score: 2

      The source to IE is still closed, so Microsoft
      isn't giving it away in the sense that Tim O'Reilly
      is proposing.

      So although your question is interesting (I'd say
      the answer is "both"), it's not terribly relevant
      to the topic at hand.

      --
      Ben "You have your mind on computers, it seems."
    23. Re:Silly counter-argument by TWR · · Score: 2
      Funny, I don't remember paying for Windows when I got IE with my iBook and iMac...

      -jon

      --

      Remember Amalek.

    24. Re:Silly counter-argument by Anonymous Coward · · Score: 0

      autobahns were made for people like you...

    25. Re:Silly counter-argument by harlows_monkeys · · Score: 2
      What idiot moderated as "flamebait" the person who said Netscape's problems stemmed from Netscape being a bad browser?

      Netscape was a lousy browser. My god, when Microsoft started giving away IE, Netscape would reload the page from the server if you resized the window. Years later, I'm still astounded at how braindead that was.

      Before IE was bundled with the OS, you could either get it for free by download, or go to the store and buy it as part of an add-on package, which cost about the same as Netscape. Go back and check the sales figures, and you'll find that this non-free version outsold Netscape, which demolishes the claim that it was IE's freeness that killed Netscape.

    26. Re:Silly counter-argument by paulm · · Score: 1

      Except for the people who have been working hard at Oracle. For them it would be more like a job cut. Which means that those people wouldn't be able to buy the products of the companies who were saving money by not having to pay for databases.

      These things are all related.

    27. Re:Silly counter-argument by Anonymous Coward · · Score: 0

      Moderators:

      The parent post definitely took comments out of context, and clearly made no effort to avoid doing so. The comment was not about how bad the software was.

      Moderate accordingly.

    28. Re:Silly counter-argument by greenrd · · Score: 1
      What are you saying - the courts would prosecute a non-existent, bankrupt company?

      Not likely.

    29. Re:Silly counter-argument by ncc74656 · · Score: 2
      MS didn't give IE away they just made it part of the windows tax.

      Explain, then, the existence of IE for MacOS. I can download and install IE on my Mac (tracked down v4.01 for my Quadra 610 a while back...that was the last release for 68K Macs) and not pay a cent for it. It's obviously not running Windows (that doesn't run too well on non-x86 systems), but IE works (slowly, but it works). If that's not a giveaway, then what is?

      --
      20 January 2017: the End of an Error.
    30. Re:Silly counter-argument by wfrp01 · · Score: 3, Insightful

      unless one assumes that a strong economy is an end in itself, more important than the welfare of the people some of us thought the economy was supposed to serve.

      I don't see how having a strong economy can be incompatible with social welfare. I've always kind of thought they are the same thing. I think the problem is that some people equate 'strong economy' with a dystopian vision of concentrated power and greed uber alles. Stomping competing software and competing licensing models out of existence does nothing to create a 'strong economy' that I can see.

      --

      --Lawrence Lessig for Congress!
    31. Re:Silly counter-argument by dublin · · Score: 5, Interesting

      MS didn't give IE away they just made it part of the windows tax.

      That's NOT what they said under oath in court: For those of you doing the Internet long enough to remember, you may recall that MS wasn't up to writing a browser of their own to challenge Netscape: So instead, they decided to buy one (or actually, steal one, as you'll see in a moment.)

      The only thing that was even close to being a Netscape competitor in those days was the original NCSA Mosaic code, which was spun off for commercialization by UIUC(.edu) as a company called Spyglass. Spyglass tried unsuccessfully for a while to land big buyers in hopes of competing with Netscape, but their code wasn't nearly so good as the Mozilla crowds' (back before Mozillla meant open source...) Finally, they landed the biggest fish of them all, Microsoft: They struck a deal with Microsoft to be the Microsoft browser: with backing and volume like that, they couldn't lose! Spyglass poured millions into develpoment and features that Microsoft wanted in the product - they knew they'd get their money back because the contract with Microsoft guaranteed them a percentage cut of every copy sold.

      But Microsoft NEVER SOLD A BROWSER! Instead, it simply became "part of the operating system" (avoiding having to pay Spyglass was one of the biggest reasons BillG wanted to claim this.)

      There was, of course, a law suit about this, which Microsoft won by swearing that since IE was an integral part of the OS, and not something that was even possible to buy separately, they owed Spyglass nothing for the millions of copies of their code that they distributed: Since they had'nt sold any IE they owed no royalties! Microsoft won leaving Spyglass with nothing for all its hard work and destitute to the point that they finally had to sell out to OpenTV in the hopes of becoming a niche browser for set-top boxes...

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    32. Re:Silly counter-argument by drsquare · · Score: 0

      Excellent? The only "excellent" browser there is is Opera. IE doesn't even have tabbed sub-windows, let alone a preferences box that makes it quick and easy to enable/disable java/javascript/images etc. And it doesn't even give you a nice sub-window to see all your downloads in. You get a stupid pop-up box for each and every download, and when a download is stopped, you're fucked. IE really is one of the worst browsers I've ever used.

      In the browsing world, you get what you pay for, and you pay for Opera.

    33. Re:Silly counter-argument by kz45 · · Score: 0

      It made perfect sense to me. If your product's license is not GPL-compatible (and that's not exactly difficult to achieve), you should stay away from looking at GPL code for ideas just as much as, for example, Kaffe developers must stay away from Sun's Java code. Otherwise, you open yourself up for legal action.

      I don't agree with this. What about the other way around. (reverse-engineering). Taking a closed-source program, taking ideas from it, and releasing an open source equivalent. It's done all the time, and it's legal. Why shouldn't the opposite be legal as well?

    34. Re:Silly counter-argument by Anonymous Coward · · Score: 0

      Depends on who *US* is. An investor in Oracle would probably not be included in *US* as the value of their investment would be diminished.

      But, in actuality, this could be good for Oracle. No free software database has displaced Oracle and its suite of product offerings. I doubt free software will, because it cannot organize people and resources the way a commercial organization can towards a unified vision. It also cannot take a larged organized group and change direction when the marketplace calls for a change in direction.

    35. Re:Silly counter-argument by linzeal · · Score: 1

      I'm no proponent of microsoft but I've known numerous companies (in the past at least) that had to have that oracle gif on their website and payed for it when they could of used a p233 running linux and mysql or nt and mssql. Sometimes the only reason the geeks in the company get to play with big iron or expensive software is that someone in marketing thought it would sound good in a brochure.

    36. Re: Re:Silly counter-argument by The+Real+Audi · · Score: 1

      "...you should be looking for a new business to be in." Well said, Weinerdog! "But wouldn't this cause a trend of people not buying commercial software, and just waiting for them to go out of business so they could get it for free?" Maybe, MJArrison, but that's beside the point (or certainly should be, if we're to let a [truly] free marketplace make the decisions, and not the bureaucrats or monopolists!). "First they would have to try and FIND the source code... then if they managed to do that..." First of all, Com2Kid, if no one can even find the source code, then it's a moot point, isn't it?! Second, if the original IP owners actually decide to release the source, then there'd be no reason for them not to do just that (built-in copy protection and all); that's what you guys are for! "... it often leaves behind engineers who knew the software..." An oft-neglected point, YeOldeGnurd. "However, if legislation... could be produced..." Um, syrupMatt, I think not! However, if you were to suggest that a massive consolidation, or 'trimming the [rotten] fat' off current legislation is in order, I'd have to agree! "When I was younger and less experienced in the corporate world, I'd always thought it was because corporations were made up of evil bastards who want to control everything." Funny, mystery_bowler, it's now that I'm older that I feel the way you did then! Thing is, though, actually I'm cool with it. If society would only admit to itself that it's actually OK to try and compete with one another (Marx, are you listening?!), and wasn't in complete denial on the dubject, we would never have let ourselves become the slaves of Corporate America that we have! "...people are afraid of rejection of their coding practices" I think I agree with you in spirit, CDWert, but I have to question the assumption (perhaps with the except of the likes of Id and Sun) that it's even programmers making the decision. In my opinion, it's usually the unimaginative and near-sighted bean-counters upstairs...! "...to force a chef to relinquish his recipes after he retires" I don't believe that' an accurate comparison mickeyreznor. I'd probably phrase it this way: "...to force a chef to publish his recipes long after he or anyone else has stopped using the recipe" (!)Obviously, even this is flawed, which is why I don't really like the recipe analogy much to begon with... "The support issue really never goes away." Come one, per unit; slap a simple legalistic disclaimer on your download site and for all intents and purposes you're in the clear (or at least as in the clear as a corporate entity can be in this day and age!). "Does he plan to make all the out of print books text available?" In my opinion, guerby, this begs the following question (By the way, I have no doubt that this'll piss off a lot of folks; it's not necessarily the most pleasant conclusion for those who's [current] livelihoods are at risk...) but... aren't the very concepts of "free speech," "freedom of information" and "a free market" totally and utterly mutually exclusive (and in direct opposition) to the very notion of "intellectual property?"

    37. Re:Silly counter-argument by NutscrapeSucks · · Score: 2, Informative

      Factual problems -- Microsoft did not "win", in fact they settled for $20M (link), which is a pretty good price if you consider that Mosaic was technologically obsolete by the time MS started using it (didn't support popular Netscapisms like tables and frames), and had less than a 10% marketshare at the time.

      On top of that $20M, they spent many millions of dollars and a couple years developing IE into something that was actually competitive with Netscape, and for the most part no longer resembled Mosaic.

      I do agree that they probably _tried_ to steal Mosaic, but they didn't get away with it, and nor was the deal essential to IE's eventual market dominiation. It's also sad that a company with $4B/year revenue would try to dick over some doomed-to-failure pipsqueaks like Spyglass.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    38. Re:Silly counter-argument by jacobito · · Score: 1

      Do you have a cite for this?

      I'm not doubting you or trying to be confrontational, I'm sincerely interested in reading some more about this. I knew that IE was based on Spyglass Mosaic, but had never heard the specifics of the deal.

    39. Re:Silly counter-argument by Anonymous Coward · · Score: 0

      Actually, I believe Outlook Express (mail & news) is done by the same group that does IE.

      Netscape made some horrible decisions, but the bottom line is that they never saw the browser as a profit center and MS just outspent them.

      (Back when the "Browser War" was raging, it was reported that MS had more employees in just their Internet group [IIS, IE, OE] than Netscape had total -- and Netscape also had a broad range of server products which is where they intended to make their real money, plus sales overhead)

      Not to mention that while MS undercut them on the clientside, the Open Source crowd undercut them on the (much more profitable) server side by destroying the market for NES with Apache.

    40. Re:Silly counter-argument by lisam · · Score: 1

      I took it out of context when posting, I think. While I may not agree totally, think it's an interesting idea, not silly. Lisa

    41. Re:Silly counter-argument by Anonymous Coward · · Score: 0

      I'd just like to say that this is probably the best comment I've ever read on Slashdot.

    42. Re:Silly counter-argument by kg4czo · · Score: 1

      Yes, I agree. Maybe someone should tell M$ that?

    43. Re:Silly counter-argument by rfsayre · · Score: 2

      BrettGlass is an M$ apologist and anit-GPL troll. He is also a tireless rebutter.

    44. Re: Re:Silly counter-argument by FrostedChaos · · Score: 1

      (By the way, I have no doubt that this'll piss off a lot of folks; it's not necessarily the most pleasant conclusion for those who's [current] livelihoods are at risk...) but... aren't the very concepts of "free speech," "freedom of information" and "a free market" totally and utterly mutually exclusive (and in direct opposition) to the very notion of "intellectual property?"

      No.

      Free speech is the freedom to speak your mind on political issues without harassment from the government. Free speech does *not* mean "you can say whatever you want": you cannot yell "Fire!" in a crowded theater, for example.

      Freedom of information results from information being released to the public rather than concealed. For example, it is often beneficial for the government to release information that might be useful to the public.

      Personally, I don't believe all information should be "free." My medical records, for example, should probably only be released to me and whoever else I choose to release them to.

      In a free market, the market determines the price of goods and services. The United States has never had a completely free market, and probably never will. Some government functions are indispensible (e.g. building roads and regulating commerce.)

      So no, I don't see how intellectual property, or any other kind of property for that matter, is incompatible with the ideas described above. They only conflict if you think that all information should be free. In my experience, though, this argument is usually a thin cover for greed ("all information should be free"-- including Diablo II. Yoink!)

      The current intellectual property laws are broken in some ways, and have been heavily influenced by cartels like the RIAA, but that doesn't mean all intellectual property is bad. In fact, the day may come when intellectual property is America's main export.

      The world is not made up of "bureaucrats or monopolists" and 1337 haxxors, kiddo. And if you think "corporate america" is out to get you (or cares about you at all) because Napster got shut down, you had better think again.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    45. Re:Silly counter-argument by weinerdog · · Score: 1

      I don't see how having a strong economy can be incompatible with social welfare. I've always kind of thought they are the same thing.

      I never suggested that having a strong economy was incompatible with social welfare, though they are definitely not the same thing. (This is why, for example, that in the West over the last decade, job security has worsened, living standards have fallen, working conditions have worsened, working hours have increased, personal debt has increased, the distribution of wealth has become more skewed, but the economy has done very well, thank you.) A strong economy is one in which lots of money changes hands and nothing more. The effects of a strong economy may or may not benefit human welfare, depending on the circumstances, but the simple movement of money and exchange of goods and services is of no inherent benefit to human beings.

      What I did say is that a strong economy and profits for business ought not be an end in and of themselves. If and when a strong economy serves human welfare, it should be pursued, to the extent that it does not cause more harm than good to human well-being. But to suggest that one should refrain from charitable or community-minded acts which are clearly beneficial to human welfare simply on the grounds that it might be bad for business and the economy is to argue for the abomination of flesh and blood humans existing to serve the economy, rather than the other way around.

      --
      There's no such thing as Scotchtoberfest!
    46. Re: Re:Silly counter-argument by The+Real+Audi · · Score: 1

      You make points that are founded in pragmatism, but the fact remains: true freedom of communication (where the government isn't taxing MY ass to enforce SOMEONE ELSE'S artifical monopoly on information, ANY information) simply CANNOT be reconciled with the concept of 'intellectual property.' Philosophically speaking, the reasoning behind this is as sound as it gets, regardless of how many people it challenges intellectually...

    47. Re:Silly counter-argument by sjames · · Score: 2

      would Oracle maintain their current sales volume?

      It would probably be close unless some other company started supporting and activly developing SQL server. Otherwise, it's just another software package with no future.

      Assuming someone does pick up the ball, competition for Oracle is GOOD for the economy and for society.

  3. Not first post but by Anonymous Coward · · Score: 0

    ...Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.

  4. Why dosen't he follow his own advice by jordanb · · Score: 0, Redundant

    And copyleft the texts to books that are out of print or didn't sell many copies?

    --

    Jordan Bettis

    1. Re:Why dosen't he follow his own advice by checkitout · · Score: 5, Informative

      But if you look at the complete Open Books list, you'll also see a number of out of print books. These books were open sourced not because we wanted to spread the software or the ideas, but because we felt an obligation to make the material available to those who could make use of it even after we were no longer able to sell the books profitably ourselves. This is recycling in action.

      If had you bothered to read the article, he mentions that he has.

    2. Re:Why dosen't he follow his own advice by chromatic · · Score: 1

      Done.

  5. Not necessarily a good idea by MJArrison · · Score: 2, Interesting

    Although I agree that on the surface it would be great to open source, and free up all products that are no longer supported. But wouldn't this cause a trend of people not buying commercial software, and just waiting for them to go out of business so they could get it for free?

    1. Re:Not necessarily a good idea by tommck · · Score: 1, Insightful
      But wouldn't this cause a trend of people not buying commercial software, and just waiting for them to go out of business so they could get it for free?

      Then what would happen? We'd have free versions of stuff that is about 4 years behind the current for-profit stuff. But wait... Isn't that where we are anyway? :-)

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
    2. Re:Not necessarily a good idea by imadork · · Score: 3, Insightful
      Although I agree that on the surface it would be great to open source, and free up all products that are no longer supported. But wouldn't this cause a trend of people not buying commercial software, and just waiting for them to go out of business so they could get it for free?

      That's not necessarily what he's saying. He's saying that software that's obsolete should be opened up. It has nothing to do with the companies going under, although that certainly does cause some software to go obsolete.

      Here's a perfect example: When's the last time you heard of a company making money selling Commodore 64 games? The Commodore 64 is a perfect example of an obsolete technology. But even though the technology is obsolete, and for all practical purposes, worthless, the games themselves will be copyrighted for another 90 bazillion years (give or take a few). Even the companies that still exist (like EA) are not making a dime from these games, yet they are still protected. Why? How does that benefit anyone?

      If someone "pirates" a Commodore 64 game today, does the SPA consider it a loss for the company at the software's full, 1985 retail price?

    3. Re:Not necessarily a good idea by ImaLamer · · Score: 2

      Well there is Windows and Linux.

      There is *n*x and Linux.

    4. Re:Not necessarily a good idea by geekoid · · Score: 2

      because they own the title. And someone might use the game title that used to be successfull, make a new game and reap the benefits of someone elses marketing.
      the spa not only considers it a loss a full retail value, they take the 1985 money and translate it to 2002 money.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:Not necessarily a good idea by s4f · · Score: 1

      Perhaps it would cause people to innovate with the stuff they expect to sell, rather than bloat.

    6. Re:Not necessarily a good idea by macinslak · · Score: 1
      Here's a perfect example: When's the last time you heard of a company making money selling Commodore 64 games? The Commodore 64 is a perfect example of an obsolete technology. But even though the technology is obsolete, and for all practical purposes, worthless, the games themselves will be copyrighted for another 90 bazillion years (give or take a few). Even the companies that still exist (like EA) are not making a dime from these games, yet they are still protected. Why? How does that benefit anyone?

      It benefits them in that they retain the exclusive right to re-release their old games for modern platforms. They have been pretty much screwed out of this by the emulation community(of which I count myself a member), but it still allows companies to maintain exclusive control of names like Pac Man, Metroid, and Frogger. All of these come from ancient games, but they are still valuable marketing assets.

      If someone "pirates" a Commodore 64 game today, does the SPA consider it a loss for the company at the software's full, 1985 retail price?

      But of course :) The more inflated their figures are, the better they justify their employment.

    7. Re:Not necessarily a good idea by nomadic · · Score: 1, Interesting

      Here's an even worse example; movie and recording companies have been known to destroy some works when the copyright ran out rather than let the public have them.

    8. Re:Not necessarily a good idea by geekster · · Score: 1

      I remember Impulse giving away older versions of Imagine when a new version was released. Not open source though.

    9. Re:Not necessarily a good idea by Stary · · Score: 1
      But of course. It's not like anyone else ever bought that music or movie.

      And then... maybe it really should be destroyed.

      --
      Tomorrow will be cancelled due to lack of interest
    10. Re:Not necessarily a good idea by optikSmoke · · Score: 1

      I think VMWare does the same thing (Their current version is 3.0, but you can download 2.0 without paying for it, last time I checked). Also not open source (obviously).

  6. Open Source Space Quest 1 origanal. by jellomizer · · Score: 1

    If I could have all the Old Sierra 3d adventure games from sierra open source I will be a happy man. Ever sience Sierra stoped making its 3d Adventure games I havent been getting any games. Hosenstly if they were still selling there set of 3d adventure games with the now primative graphics Ill still buy them sience they are fun games.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:Open Source Space Quest 1 origanal. by Anonymous Coward · · Score: 0

      Sierra still sells (or at least, used to) a box set collection of KQ1-6 as well as the PoliceQuest games. I'm not sure about Leisure Suit Larry or Space Quest, but I'd imagine so.

      There were a lot of classic Sierra games, and early dynamix games. Then they started sucking. It's a shame, really.

    2. Re:Open Source Space Quest 1 origanal. by RazzleFrog · · Score: 1

      Take a look at Class Trash PC. I'm not sure if they have your specific games but they have a lot of classic games available.

    3. Re:Open Source Space Quest 1 origanal. by geekster · · Score: 1

      I always found it peculiar that Sierra called their old adeventure games 3D. "Look, you can walk behind things, it's 3D!".

    4. Re:Open Source Space Quest 1 origanal. by Coranthis · · Score: 1

      Try www.theunderdogs.org if you're worried about "warez" they comply with all developer requests to not distribute software, and wont put any SPA registered software online. If any store on the web is still selling the abandonware they also link to the pages to buy it so you can really clear your conscious.

      Despite this they still have a huge selection of abandoned games, ranging from early 80's software until modern day abandoned games. They even have Dr.Dos and a few other abandoned OS's up for grabs.

  7. Xenix! :) by int-21 · · Score: 0, Interesting

    This sounds Cool, Can't wait to get my hands on a copy of 1981 Xenix ;)

    Also on the topic of recycling....
    Why do companies throw out perfectly serviceable (but older)
    equipment, instead of donating it to OSS projects? (Linux,*bsd, etc...)
    Resulting in a tax break (charity donation), and better hardware support for the rarer machines. (since in most cases lack of support is because the maintainer doesn't have a machine to develop on...)

    1. Re:Xenix! :) by rikkards · · Score: 1

      When I worked at a now division of Alcatel (Newbridge) they were trying to see if we could donate some older Macs to the local school board/charities. No one would take them since they were "too old" and wouldn't run any "modern software" IOW Windows 95 and MS Office. So I believe they just turfed them.

    2. Re:Xenix! :) by Anonymous Coward · · Score: 0

      I believe SCO licenses out the source to their very old u*ix versions, tho this may have expired, now that they have been boughten by caldera.

    3. Re:Xenix! :) by Anonymous Coward · · Score: 0

      I used to work at a company that threw out alot of computer equipment. Well, anyways, some high school kids would come by at night and take it out of the trash bin. When the management found out they were irked and had everything that went out to the bin bashed with sledgehammers. This was in 1996 or so. I remember seeing a practically unused SGI Onyx, several Indigo2s, SPARC/Ultra1s, etc being bashed to the point of uselessness. Nice 19, 21+" monitors being totally destroyed. To my knowledge from what I've heard nearly everything worked fine they just didn't need it anymore. The EPA would have a fit if they knew since CRTs need to be disposed of at a place equipped to handle lead but this doesn't bother lots in the management who had some people pour almost 4 full 55 gallon drums full of oil containing PCBs into a waistwater drain. They also probably still dump ammonia and other toxic crap into the water. Employees actually died in the '70s over shit like that (chemicals used to remove silver linings produced very toxic gas and there were no safeguards) and they were fined by the EPA except that the fine was pathetic.

    4. Re:Xenix! :) by Anonymous Coward · · Score: 0

      Names and dates ?

      After all, what's the point of being an AC if you STILL don't have any balls ?

  8. What about Eazel. by reaper20 · · Score: 3, Funny

    I was half expecting him to mention Eazel and Nautilus as a perfect example of what he's talking about, but I guess he missed that. Heh.

    I feel his pain, there are some really old programs that I would love to play around with now. Anyone remember Geos? I used to run it on my 286 and was years ahead of its time....

    1. Re:What about Eazel. by Mark+Pitman · · Score: 0, Offtopic

      He may have left out Nautilus because it was open source from the start.

    2. Re:What about Eazel. by blkros · · Score: 1

      Yeah, I ran Geos on my C64. How many 5.25" floppies did it take?

      --
      Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
    3. Re:What about Eazel. by srw · · Score: 1

      > Anyone remember Geos?

      Well, it's not Geos, but from the same era:
      http://www.deltasoft.com/downloads.htm
      the GEM desktop has been GPLed.

    4. Re:What about Eazel. by jdavidb · · Score: 2

      I ran GeOS on the Apple IIGs! It was also the first software I ever read the license agreement for. It blew my mind and I was in a bad mood for two days. I couldn't believe they had the audacity to tell me I hadn't bought anything when we gave them money!.



      All the same it was a great piece of software.

    5. Re:What about Eazel. by Anonymous Coward · · Score: 0

      Geos is still being sold (with improvements such
      a web browser) at www.newdealinc.com.

    6. Re:What about Eazel. by dublin · · Score: 3, Informative

      GEOS *was* cool - I still think it's the most impressive single hack I've ever seen. The 286 version was a much later derivative: the original version put a whole GUI/Windowing environment and a decent set of basic apps (Word processor, spreadsheet, etc.) on a Commodore 64!

      That's right, a window system/OS analog and apps all in 64 KILObytes of main memory. Damn impressive hack.

      It wasn't just for show, either: I actually used it to turn out all the papers, reports, etc. I wrote my senior year in college. (Now I'm dating myself... ;-) )

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    7. Re:What about Eazel. by Saturn49 · · Score: 1

      I would also like to see old, unsupported hardware drivers released to the public. I have an old SCSI scanner that I really like (it is quiet, fast, and the interface is pretty good, and not cutesy). But I had a helluva time getting it to work on Win2k, due to complete lack of driver support. Upon contacting the manufacturer, however, it appears the source code has been lost. (Luckily for me, a new SCSI card and an OLD Win95 driver came to the rescue.) It would also help those who write drivers for Linux support some of the stranger, old hardware out there.

  9. Problems with this by Com2Kid · · Score: 5, Insightful

    I remember reading up the other day on a game called Star Command.

    When asked why they didn't release the game for free or open source it, a person in the company (CEO/Lead developer or some such high up person, small company anyways) said that it would take too much of their time and money.

    First they would have to try and FIND the source code (doubtful if it still existed), then if they managed to do that, reassign some people from another money making project to taking an old (in this case DOS game) and removing the protections and security checks they put in there and scanning in the documentation, bundeling it up, setting up a server for distribution (or maintaining a sourceforge account, granted they could pass it on to somebody, but then that entales the legal issues involved), all just to make a few people happy that they could now freely get an old DOS game.

    Sure it /MIGHT/ be upgraded to something modern and ported all over heck and such, but shoot, reality is that it would cost them MONEY when they are already a struggeling small company.

    Not to mention cases where the rights to a program are split across a few gazzilion people and numerious corporations. This is especialy true when one company has the rights to the game and another company has the rights to distribution. Icky situation there. And if by some chance somebody sold off merchandising rights. . . . oh man, no hope at /ALL/.

    A good first step though would be to /REDUCE/ the copyright limit. ~7years for computer programs and ~25 years for books and other documents sounds nice. (Some books stay in print and keep on selling for longer then that though)

    At least it would take care of the legal hassles somewhat, but it still wouldn't help with finding the sourcecode.

    "umm, lets see now, where did I shove that 5.25' disk. . . . . "

    1. Re:Problems with this by tommck · · Score: 4, Funny
      "umm, lets see now, where did I shove that 5.25' disk. . . . . "

      Man, This guy's gotta be old! I thought 8" floppies were as big as they got... But FIVE AND A QUARTER FEET! Holy Cow! ;-)

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
    2. Re:Problems with this by hyphz · · Score: 1

      Apart from finding (!) the source code, I don't quite see this myself.

      Remove the protection? Why bother? With the source code at hand removing it wouldn't be too difficult. Besides, most copy protection is just done by buying a copy protection library (now SafeDisk, Elan, V-Box.. then Prolok, Lenslok(!), Rob Northern..) and inserting a few calls to it at critical points.

      The copyright duration ("life of author plus the number of years since the death of Walt Disney") is a rather thorny point, but moving that around affects a *huge* number of things, and removing the "life of author" provision is a massive hit too.. furthermore, it doesn't guarantee source availability. Lapsed copyright would just mean you could copy what they'd released, it wouldn't mean they'd have to release material (source) they hadn't released before.

    3. Re:Problems with this by ostiguy · · Score: 2

      I think the thinking is that they might use the same copy protection methods across a lot of software, including ones they aren't ready to open source yet.

      ostiguy

    4. Re:Problems with this by geekoid · · Score: 3

      2 points.
      If you don't know where the source code is, then don't bother.
      a side note, if you can't find the source code to any product you ever produced, your company has problems.
      Also, there needs to be no changes for copy protect because the sourse will be open, and the people interested in ti can handle it themselves.

      of course, if you have comments in there that could get your company in trouble, you might want to remove those.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:Problems with this by FocaJonathan · · Score: 1
      You are 100% right that there is a real out of pocket cost to give away old code for all the reasons that you mention, but perhaps there is a way to align the interests of business and the FS community.

      One solution is for those that feel this is a worthy (FSF???) cause to set up a not-for-profit to buy the rights to specific programs (either those that they believe would be very popular or have particularly good code or that people were willing to contribute to buying or whatever the criteria may be) and then package, GPL and distribute them. I would imagine that one could purchase a lot of this kind of software for very modest prices.

      Suddenly, you have aligned corporate interests (monetizing what was previously worthless) with free software interests.

      As for the copyright limit, that is not only a very tough fight(of IMHO questionable merit) but it doesn't yeild the results you want anyway. Even if you did away with all software copyrights you could only reverse engineer the programs, you wouldn't have the original source code.

    6. Re:Problems with this by void+warranty() · · Score: 1

      Maybe the source code for the copy protection isn't open.

    7. Re:Problems with this by Com2Kid · · Score: 1

      "As for the copyright limit, that is not only a very tough fight(of IMHO questionable merit) but it doesn't yeild the results you want anyway. Even if you did away with all software copyrights you could only reverse engineer the programs, you wouldn't have the original source code."

      The sourcecode could be released by willing employees though, often times the original programmer wants to release the sourcecode for free but because the program is caught up in numerious legal tangles it becomes impossible.

      It would be /ALOT/ easier if the programmer could just shrug his/her shoulders and say "well hey, the copyright has ran out, nothing you can do about it."

    8. Re:Problems with this by exodus2 · · Score: 2, Informative

      But they could release their code without the source of the libraries and it wouldnt compile. You then go look at where the build falied and remove the calls to the copy protection stuff, at most you now know the function call for the copyright crap

      --
      .sigs suck, thus nothing here.
    9. Re:Problems with this by Com2Kid · · Score: 2

      "Besides, most copy protection is just done by buying a copy protection library (now SafeDisk, Elan, V-Box.. then Prolok, Lenslok(!), Rob Northern..) and inserting a few calls to it at critical points. "

      Your forgeting that not all software worked this easily. Alot of older companies (ALOT!) used custom in house copyprotection systems. Sure these systems where all sooner or latter bypassed, but those patchs would be fsked up the second a recompile was attempted after any changed has been made. (byte offsets all changed)

      Somebody else mentioned Public Domain rather then open source. PD software has the whole entire "make the code ready for public use" problem, while OS software has the entire "uh, dude, that program is 11 years old and 3 company names ago, you mean somebody still remembers that it EXISTS?"

      In some cases traces of a program do not even exist but in 1 or 2 places on the next. The game "Floor 13" is a good example of this. (uh, any information on it at all? It contains tons of alusions to every Nerd psuedo-religion ever. Illumni, etc)

    10. Re:Problems with this by Anonymous Coward · · Score: 0

      I think the employee would still be trapped by his/her non-disclosure agreement with the company. Even if there was a legal loophole around that, this theoretical employee better have a polished resume, because that kind of thing could be awfully hard to explain to the boss.

    11. Re:Problems with this by DeadVulcan · · Score: 2

      First they would have to try and FIND the source code (doubtful if it still existed), then if they managed to do that, reassign some people...

      I think maybe the person at the company misunderstood you. The minimum effort required to make certain people happy would be to "release" (loaded word) Star Command to the public domain. This would just involve drafting a letter in legalese saying "where Star Command is concerned, knock yourselves out!" Then, people could (legally) make copies of it, distribute it, reverse-engineer it...

      I suspect that there may be marketing types who worry that software "released" by the company is a reflection of the company (not entirely unreasonable), so if people are disappointed with the product for any reason, then that is bad PR. The only way to mitigate this (in the minds of marketing) is to provide some level of support. I think they just need to be assured that the market for these obsolete s/w packages is so small that it's nothing to worry about.

      --
      Accountability on the heads of the powerful.
      Power in the hands of the accountable.
    12. Re:Problems with this by Brendan+Byrd · · Score: 2

      It would be /ALOT/ easier if the programmer could just shrug his/her shoulders and say "well hey, the copyright has ran out, nothing you can do about it."

      Thanks to current copyright laws, we have to wait -75- years for it to expire. Now, if it was something reasonable, like 10 years...

    13. Re:Problems with this by ConceptJunkie · · Score: 2
      You can hardly criticize someone for not having readily available the source code to a piece of software from about 15 years ago.

      Even if these companies could jump dump the source somewhere, there will always be come enterprising nerd to pick it up and put it back together. Of course, with games like Star Command which was probably written in BASIC, it might be easier to just redesign and rewrite it.

      --
      You are in a maze of twisty little passages, all alike.
    14. Re:Problems with this by krlynch · · Score: 2

      Now, if it was something reasonable, like 10 years...

      Then MS would be able to take most of Emacs and incorporate it into Word and make a working product, without having to divulge what they did.... :-)

    15. Re:Problems with this by Anonymous Coward · · Score: 0

      Of course, with games like Star Command which was probably written in BASIC

      Yeah, all old games were written in BASIC, not. My guess is that it would consist of several pages of hand-coded assembly. This would be a much bigger challenge than BASIC could ever be.

    16. Re:Problems with this by Anonymous Coward · · Score: 0

      I remember when hard drives were the size of washing machines and had to be bolted to the floor because they shook so bad.

    17. Re:Problems with this by ichimunki · · Score: 1

      Even without the expired copyright, without the source code to Word, how would any of us know if said convicted criminals had *already* incorporated code from Free Software projects into their applications?

      --
      I do not have a signature
    18. Re:Problems with this by Anonymous Coward · · Score: 0

      And Emacs could do the same with any other >10 year old software. Everyone would be equally free to use the best methods known, without having to worry about copyright issues. This is a *good* thing, even if MS is allowed to do it too.

    19. Re:Problems with this by "Zow" · · Score: 2
      I remember reading up the other day on a game called Star Command.

      You mean the DOS game with CGA graphics where you have a spaceship, a team of 6 people, and you get different missions so you fly around the galaxy to fulfill them? I loved that game! I think I probably spent more time with that game than any other, ever. Published by SSI if I recall correctly. . . I had to tape the instruction manual together because I used it so much it was just falling apart. Do you recall where you found something on it? Google isn't being very helpful.

      -"Zow"

    20. Re:Problems with this by ConceptJunkie · · Score: 2

      I've got the disks at home. Care to wager?

      Companies like SSI made a lot of games in BASIC: games like Galactic Gladiator or any of a number of the classic Star Trek games... stuff like that.

      Sure, something like AlleyCat or Jet or Snipes would have been written in assembly, but something with a simple text-entry UI and static graphics like Star Command (there were more than one game by that name... I'm talking about the old 40 character text mode RPG) were quite often written in BASIC.

      --
      You are in a maze of twisty little passages, all alike.
    21. Re:Problems with this by randomtangent · · Score: 1

      Why not reduce the copyright limit to a set time after the product goes out of publication?
      This way if a book is still being made and selling well it stays in, while if it doesn't it's more limited. Same with games, when they stop making money they stop being made. then after a bit we get them.

      --
      -Mike
    22. Re:Problems with this by linzeal · · Score: 1

      How do you lose something that size anyways? If its bigger than a 24" pizza box I can find it in my room in a matter of seconds. Everytyhing else takes a bit more time.

    23. Re:Problems with this by GemFire · · Score: 3, Insightful

      If everything copyrighted had to be properly registered with the copyright office as was originally required, then the source code would be available from the copyright office once the work was declared PD.

      One of the stupidest changes made in the 1976 revision to copyright law was the elimination of the registration requirement. Now everything in the world is automatically copyrighted, but no one is required to take any responsibility for their creations.

      --
      Don't just complain - DO something about it!
    24. Re:Problems with this by GemFire · · Score: 2

      You might like to read an article I wrote on this subject "Abandoned Intellectual Property" - you can find it on the links to articles section of my website.

      --
      Don't just complain - DO something about it!
    25. Re:Problems with this by Com2Kid · · Score: 1

      The main issue with this is that alot of companies just to be shitty and ensure that if a market ever became viable again they could make lots of money off of it (Look at LoTRs. :) ) they would keep on annualy just before the expiration period ran out, 're-releasing' a product.

      In other words a 10 copy 'very very very very -very- limited' production set. ^_^

    26. Re:Problems with this by Com2Kid · · Score: 2

      Issues with " followed by a ".

      Since I didn't want to go and check out whether or not it was ' or " (only time I use customary is when describing floppy disk sizes, heh) I gambled on ' and obviously lost. :)

    27. Re:Problems with this by Anonymous Coward · · Score: 0

      The copyright duration ("life of author plus the number of years since the death of Walt Disney") is a rather thorny point...

      Amen, brother. Every year it seems like the number of years since the death of walt disney keeps increasing. At this rate, NOTHING will be in the public domain.

      { :[\]

    28. Re:Problems with this by Com2Kid · · Score: 1

      Alright, correction,

      its Star CONTROL.

      http://www.classicgaming.com/starcontrol/

      The interview is at:

      http://www.classicgaming.com/starcontrol/faq/#43

    29. Re:Problems with this by Brendan+Byrd · · Score: 2

      Then MS would be able to take most of Emacs and incorporate it into Word and make a working product, without having to divulge what they did.... :-)

      Only with 10-year-old versions of Emacs, not the newer ones. Emacs is still being developed. On another point, in 2005, we would be able to look at Windows 95.

  10. No discrepency... by merlin_jim · · Score: 2

    I think the correct wording is (bold words mine):

    Interestingly, the first posting on the weblog appears to disagree, saying "...Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else."

    While the software of failed companies seems at first blush like a bad idea, in actuality a lot of the code is quite good and useable. Having a huge base of code, good or not, to work from can be quite a boon; the trick is to be choosy with what you actually end up using.

    So, while having the software available may be a good idea, actually using it may not be.

    --
    I am disrespectful to dirt! Can you see that I am serious?!
    1. Re:No discrepency... by Mark+Pitman · · Score: 1

      He's not saying anything about the quality of the code and the issues with re-using it. What he said was that giving away code when a company goes out of business could harm that company's competitors.

    2. Re:No discrepency... by merlin_jim · · Score: 2

      I don't see how, unless their competitors were not cautious and decided to use the code, or if a newcomer were to basically reuse the company's software to enter the same space...

      Can you elaborate, please?

      --
      I am disrespectful to dirt! Can you see that I am serious?!
  11. My favorite candidate by RGRistroph · · Score: 2

    My first candidate for free source to a discontinued product would be the DOS version of word perfect. The reason why is that I would like a console only (no X) version of WP for linux.

    What others ?

    1. Re:My favorite candidate by Anonymous Coward · · Score: 0

      Sure, and you can listen to the Go-Go's and play with your pet rock while your in the 1980's.

    2. Re:My favorite candidate by jaoswald · · Score: 1

      Wasn't WordPerfect written in x86 assembly? I'm almost totally ignorant about Linux internals, but I suspect that

      1) a program that assumes it is practically running on bare PC metal isn't going to work very well in a UNIX environment.

      2) not too many people would be willing to go through x86 assembly code to figure out how to make it work with curses, e.g., and hook up to a real non-DOS filesystem.

      WP's code might be wonderfully modular and easy to port, but any company that really was concerned about those metrics wouldn't have chosen assembly as their platform of choice, would they?

    3. Re:My favorite candidate by Mark+Pitman · · Score: 1

      Pet rocks were more of a 70's thing.

    4. Re:My favorite candidate by Patrix · · Score: 1

      actually, I remember using this console word perfect 8 program in Linux... I can't remember if it's from the full version or the free download, but it was there!

    5. Re:My favorite candidate by MisterBlister · · Score: 2, Interesting
      IIRC, you're right, WordPerfect was 100% assembly. It was a company policy (snickered at by some, while others thought it was quite nice) to use 100% assembly on all products at that time, even when everyone else doing similiar products (apps, not games) was using C or Pascal for 99% of their coding.

      There's a lot of instances where people clamor for the source to some old product when the source would be next to useless. The biggest example is old games, particularly those on older systems like the C64 or Amiga. These games were virtually all written in low-level assembler against CPUs and/or specialized coprocessors we don't use anymore and it would be more work to reverse engineer them than to just write them from scratch against modern APIs like DirectX or SDL.

    6. Re:My favorite candidate by yelsirgany · · Score: 1


      You can still run wp in linux as long as you install the iBCS module and get a sco/other nix binary and run it. The problem with iBCS is that it broke from the main linux kernel circa version 2.2.x and has remained broken since.

      There is some developement being made for cross binary compatibility but it just doesn't have the steam that it used to since most apps are simple recompilled for linux now.

      If anyone can make iBCS work on a later kernel please email me!

      --
      Can't think of clever sig so had to settle for this! Damit it Jim I am a programm not a sig writer.
    7. Re:My favorite candidate by UberLame · · Score: 1

      There were rumors that the initial windows versions were also written completely in assembly. You can write win16 and win32 code in assembly, but it sure ain't pretty.

      --
      I'm a loser baby, so why don't you kill me.
    8. Re:My favorite candidate by RGRistroph · · Score: 2

      I know there was a version of WP that would work in console mode in Linux. Unfortunately it was part of some "professional" edition of the WP package, and I have never been able to get my hands on it.

      I've checked with various friends who owned linux versions of WP, the various versions of WP that were released with the boxed versions of some distributions, used bookstores that occasionally had Linux software, etc. No luck yet.

      But even so, the whole point would be to get a free software version. Unless the source code is available and unfettered with licenses and threats of legal action, it will just die again, not be ported to new systems and gradually fade away. Finding that copy would be extremely useful to me right now, but it wouldn't solve the problem they way a free software version would.

    9. Re:My favorite candidate by Anonymous Coward · · Score: 0

      You can write win16 and win32 code in assembly, but it sure ain't pretty.

      As opposed to the beauty that is MFC...

    10. Re:My favorite candidate by RGRistroph · · Score: 3, Interesting

      I would be happy to have the source in assembly. Wouldn't bother me at all. If that's what made it so fast on DOS, it would be worth the effort to make it work on other platforms.

      The source code to these old programs is not "next to useless" at all. It would no doubt require some concerted, expert effort to bring it to modern processors and OS's, but you don't have to "reverse engineer" it. After all, this is what the original authors worked from, and it can be pretty messy, but that is not the same as decompiling a binary and working from that.

      And finally, I probably would not be interested in a version ported to "modern APIs like DirectX or SDL." I might tolerate something written for X with straight xlib calls (that might be almost as painful), or the GTK or Athena widget set. But I would prefer a console program that can output postscript files to be previewed in another program. (The print preview in WP 5 for DOS is ok.)

      If you have the opportunity, find an old 486 or early pentium and load up DRDOS and WP 5. Look at how fast it takes it to fully load a large document, and do a print-preview to see the "graphics" capabilities. Then load up OpenOffice on a 2 GHz linux box with your stop watch running.

    11. Re:My favorite candidate by MisterBlister · · Score: 1
      While the assembly source code to WordPerfect and other larger apps might not be next to useless (hopefully its VERY well commented!) I've seen the source code to a few of the older games I was referencing in my original post, and it really is next to worthless.

      In many cases the assembly is even less useful than the output of a good modern disassembler against the binary would be because it uses macros poorly or not at all, uses crappy labels, and has next to no comments; this happened quite a bit in the past because many of these programs were kicked out by one coder who understood what he/she was doing at the time and didn't feel a need to overly comment the program.

    12. Re:My favorite candidate by Anonymous Coward · · Score: 0

      Porting WP/DOS to a more modern platform seems pointless when it runs fine on modern PCs under DOS emulation. (meaning, if you put OS/2 on that early pentium, it would still run great. Maybe Unix dos boxes are not so fast?) The target platform was a 512K XT, after all...

      Microsoft has this concept of licence covering previous versions. Want to run that warezed Word 4.0 on a MacSE legally? No problem -- just go and drop $300 for Word X, and you can use your single machine licence on that SE. What a deal!

      I'd bet that WP has a similar concept (or more liberal, because I believe it's a user licence and not a machine licence), and as long as they are selling new versions of WordPerfect, they are effectively selling old versions, even if you no longer can get the media.

    13. Re:My favorite candidate by gomadtroll · · Score: 1

      The server edition of WP for Unix had/has a console mode.
      Yes & expensive :)

  12. Reply to BrettGlass by ryants · · Score: 5, Insightful
    Ironically, the failure of my competitor is likely to kill my company, too -- EVEN IF MY PRODUCT IS SUPERIOR. (People will tolerate many shortcomings in something that's free.)
    Then why doesn't Linux (*BSD, etc) own 95% of the desktop market?

    The situation gets worse still if the GPL enters the picture. If the competitor's code is released under the GPL, I cannot so much as LOOK at it.
    Sure you can. Just don't copy it.

    Thus, the sudden release of software from companies that go out of business either into the public domain or (worse) under the GPL can cause a chain reaction which destroys any incentives to create or improve products in that category.
    *laugh* Really... Microsoft continues to "compete" with Linux, KOffice, etc. Eudora competes with mutt. I'm afraid I just don't see any justification for the above statement.
    --

    Ryan T. Sammartino
    "Ancora imparo"

    1. Re:Reply to BrettGlass by Oo.et.oO · · Score: 1

      another reason it should help in general is this:

      if BrettGlass's arguments on people wanting the free product so badly are taken as true, then it should get him and his company off its fat ass and develop a product and/or market that would be competitive and superior to the free product!

      i see no reason this wouldn't help many markets.

      others' arguments on cost of relicensing and stripping other trademarks etc are more pertinant. just look at the cost netscape had to incur to release mozilla!

    2. Re:Reply to BrettGlass by benedict · · Score: 2

      Glass sounds like a blacksmith complaining that
      he'll be out of work if everyone drives horseless
      carriages.

      Or like the RIAA complaining that their members
      will be out of business if everyone distributes
      their music over the internet.

      --
      Ben "You have your mind on computers, it seems."
    3. Re:Reply to BrettGlass by hyphz · · Score: 1

      > Then why doesn't Linux (*BSD, etc) own 95% of
      > the desktop market?

      Because, from the perception of an awful lot of the desktop market, Windows is free too - it comes with their PC.

      > Sure you can. Just don't copy it.

      The problem is that this isn't quite enough. In software, there is usually just one particular set of instructions to do what you want to do in the most optimal way. If you happen to be looking at some GPL'd source for hints on how to do something, and you see that optimal code, then you are left with a big problem: if you use the code you will have copied it (or at least you will have no way of proving that you didn't) and if you don't use the code you are putting suboptimal code in your product.
      This is why so many implementations insist on "clean room development". It is also one of the strongest arguments for open source.

      > *laugh* Really... Microsoft continues
      > to "compete" with Linux, KOffice, etc. Eudora
      > competes with mutt.

      The competitors were not failures in this case, and these are "core" applications.

    4. Re:Reply to BrettGlass by Martigan80 · · Score: 1
      Then why doesn't Linux(*BSD, etc) own 95% of the desktop market?


      I didn't know that Linux "owned" any part of the market. Sure it might hold the loyalty and intrest of many users-but OWN it? Is it not hard to own something that you do not pay for in a monitary sense?

      --
      This SIG pulled due to lack of funding. (This damn war is costing too much!)
    5. Re:Reply to BrettGlass by merlynn · · Score: 1
      Thus, the sudden release of software from companies that go out of business either into the public domain or (worse) under the GPL can cause a chain reaction which destroys any incentives to create or improve products in that category.

      This would seem to be a good basis for the idea of competing and improving products in the market. ACME Software A competes with ADME Software B, ADME goes out of business, Software B hits the Open Domain. Now, if ACME still wants to have a money-making, competing software product to their prior competitor, they have to develop more features for Software A, or move it in directions that make it a more appealing choice. This way people will be more willing to stick with a commercial product, because it does more than the free one does.

      --
      "I used to be an agnostic, but now I'm not so sure..."
    6. Re:Reply to BrettGlass by frankie · · Score: 2
      A couple more opinion points about the "failed companies" thing.
      1. I think O'Reilly was more interested in targeting successful corporations who are sitting on decades of abandonware, not DotBombs with a couple pieces of beta code.
      2. Whether or not it would endanger competing software, giving away said failure-ware would almost certainly be blocked by a bankruptcy judge. Those are assets which must be sold in order to pay back creditors.
    7. Re:Reply to BrettGlass by Corgha · · Score: 4, Insightful
      The situation gets worse still if the GPL enters the picture. If the competitor's code is released under the GPL, I cannot so much as LOOK at it.

      Sure you can. Just don't copy it.

      Not to mention the fact that if the competitor's code weren't released, he certainly wouldn't be able to look at it or copy it anyway.

      Seems like a null statement to me, or just more "save us from the viral GPL" nonsense.

      Honestly, nothing about the GPL forces you to take someone else's code and steal it for your proprietary uses. Coders who complain that the GPL is "viral" and want all code to be closed or BSD-licensed are like men who complain that women are too tempting and want them to cover themselves in robes and veils. If your urge to sin (to steal someone else's copyrighted work and try to sell it as your own) is unsurmountable, the blame lies with you; don't try to push it onto the GPL or the person who wrote the code.

      It's a human tendency to feel tempted and to resent the object of one's temptations, and it is perhaps understandable, but it is not something on which policy should be based or about which one can rightfully complain.

      After all, if you're feeling frustrating desires for the beautiful people or code around you, both can be satisfied with your own hand(s) ;)

      (boy am I going to get flamed for this one. bye-bye karma)
    8. Re:Reply to BrettGlass by zenyu · · Score: 1

      If you happen to be looking at some GPL'd source for hints on how to do something, and you see that optimal code, then you are left with a big problem: if you use the code you will have copied it (or at least you will have no way of proving that you didn't) and if you don't use the code you are putting suboptimal code in your product.

      I have never seen code that couldn't be rewritten to be either faster or cleaner. Even if the programmer spent 2 weeks on 5 lines of code another pair of eyes often sees something that wasn't obvious to the first coder. And most code isn't highly polished, it just takes some inputs and creates some outputs in a fairly simple way.

      This probably seems obvious to any seasoned programmer, but I remember the dismay from my novice days of seeing some really simple rutine and thinking that's exacly how I'd write it. Then you think about it for a day and something comes to you.
      "clean room development" is a legal manuever, it's very unprodctive to disconnect your programmers from the internet.

    9. Re:Reply to BrettGlass by mgkimsal2 · · Score: 2

      then it should get him and his company off its fat ass and develop a product and/or market that would be competitive and superior to the free product!

      People more often than not go with 'free' first, rather than paying for something 'superior'. The poster above said the same thing - people are willing to put up with shortcomings with something as long as it's 'good enough'. There are many text editors out there for Linux. Would you buy mine if I created something demonstrably *superior* to Koffice or StarOffice? Not a chance in hell you would, because those are free and do enough of what you need. Even GRANTING that *you* would, not enough others would to justify the expense of producing and marketing it.

    10. Re:Reply to BrettGlass by quantaman · · Score: 1

      While I agree with your point of view I do not believe you chose valid examples.

      Then why doesn't Linux (*BSD, etc) own 95% of the desktop market?

      This is dealing with operating systems and right now the biggest obstacle to any operating system is the Windows monopoly which is not dependent on licensees, price, or quality. In reality I do not believe that there is really a valid example that can be taken from the computer industry that can be applied to this scenario considering failed products that could still be popular. The only 2 high profile GPL projects are Linux and Mozzila (it's competitor is also free), even with Eudora and mutt Eudora has a sponsored mode (also I have never heard of mutt so for me there would be a low possibility of a change) so no parallel can arise to this situation. Nevertheless as to the GPLed code hurting the proprietary company in a situation where the code is competitive I do not see it having a significant impact. While I have no figures I assume that the majority of software sales still occur is stores where GPL software would be unavailable, I doubt much of the market actually frequents websites where this software would be available. Also most demand for a product is due to advertising which OS projects will not have.

      --
      I stole this Sig
    11. Re:Reply to BrettGlass by FrostedChaos · · Score: 1

      I have never seen code that couldn't be rewritten to be either faster or cleaner...
      That's a pretty bold statement. There is no optimum code? Surely there is a sequence of optimal x86 machine instructions, even if it is fruitless to search for it.
      A better statement might be "most ideas can be implemented several ways, about equally well."

      ..most code isn't highly polished, it just takes some inputs and creates some outputs in a fairly simple way...
      No. That's scripting, my friend.

      No self-respecting programmer would spend weeks on a few lines of code. A page of code, maybe. A few thousand lines, possibly. But even script kiddies should be able to figure it out by then. And the statement that "another pair of eyes" would do so-and-so is pure political drivel. In my experience, the fewer people you can get away with on a project, the better. The more people, the more difficult it is to get all of them on the clue train (assuming that all of them even have tickets.)

      More people != more productivity.
      More code != better.
      If you want an idea of how "too many cooks can spoil the broth," study mozilla for a while.

      --
      "Any connection between your reality and mine is purely coincidental." -Slashdot
    12. Re:Reply to BrettGlass by sjames · · Score: 2

      No self-respecting programmer would spend weeks on a few lines of code. A page of code, maybe.

      Never say never!!! In most cases, such a thing would never pay off, but there is always that one odd case where the reward potential is huge. Of course, it's not all that improbable that those lines would then be truly THE most optimal.

  13. Not really. by dnight · · Score: 0, Offtopic
    "...Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.)""

    Most companies fail due to inept management and/or marketing. Thier products are not alway to blame...

    Unless we're talking about Cuecat. :)

    1. Re:Not really. by Anonymous Coward · · Score: 0

      or poor programmers and Socialists who believe in using software before it is ready for the real world.

      I can manage to the hilt, but if I have to manage buckets of shit like yourself, there aint much shine I can put on your sorry ass.

    2. Re:Not really. by dnight · · Score: 1

      Sorry, I didn't know there were ex-Cuecat managers reading slashdot. My sincerest condolences.

      Best of luck in your new job, and remember to ask for the spare change politely.

    3. Re:Not really. by Mark+Pitman · · Score: 1

      Read his post, that is not even remotely his point...

  14. Flawed Logic by mickeyreznor · · Score: 1

    Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else

    Perhaps, if you are an idiot. If you apply the knowledge you learn from even failures projects correctly, it can only benefit you. If you just blindly use someone else's code without understanding it, then disaster is expected.

    A good programmer can always learn from a bad program.

    1. Re:Flawed Logic by cduffy · · Score: 4, Insightful

      If you read BrettGlass's argument, you'd realized that he wasn't arguing disaster due to bad code, but disaster due to individuals using a free alternative over a superior still-commercial product, driving the developers of that commercial product out of business..

      His argument that freeing abandoned software would eliminate all incentive to produce is indeed flawed -- there are many fields in which quality free software exists, is being actively (comercially) developed, and has commercial competition which has not been killed as a result.

      Before responding to an argument, perhaps you should read it first.

    2. Re:Flawed Logic by Keith+Russell · · Score: 2

      Brett's example doesn't exactly help his case.

      By his argument, Evolution should sound Outlook's death knell*, just as Outlook drove under ECCO, Sidekick, et. al. But Brett forgot one thing: Microsoft is a monopolist. Outlook got ahead because OEM pre-loads and corporate standardization forced it on to every desktop. Outlook isn't ahead because it is "gratis". Nothing in Office is, regardless of the delta in price between versions. Microsoft's monopoly power allows it to set the price of Office to whatever it damn well pleases.

      Even in a market with ideal competition, TANSTAAFL. It's that whole Total Cost of Ownership thing. If the commercial product is cheaper and easier to maintain, it will eventually win. If the freed legacy app comes with high training and migration costs, it's screwed.

      *: In a perfect world, Evolution would, but....

      --
      This sig intentionally left blank.
  15. Fun and profit for former employees by YeOldeGnurd · · Score: 2, Interesting
    When software dies, it often leaves behind engineers who knew the software well as well as customers who feel screwed by the software's lack of life support.


    At the very least, opening the source of dead software allows these former employees to consult for the former customers without the intermediary corporate leaders and their marketing department.


    Even if a product as a whole was not viable, there may be components that could be packaged up as valuable contributions to the OSS community. And there are definitely engineers (like me) with enough time on their hands and the strong desire to see something of value come from the ashes of old dead projects.

    --
    ...Nothing interesting here. Just move along...
  16. Ah....Abandonware by syrupMatt · · Score: 2, Insightful

    The debate over abadonware has been going on for awhile now (though it usually centers around the gaming arena).

    It's good to see someone with ranking stature taking on such a muddled but oddly important issue. The reason most companies would be against giving away outright their copyright on "abandonded" products is the fear of repackaging and their loss on what could be someone else's gain. However, if legislation (or a license) could be produced to qualm these kinds of fears while still allowing legitimate uses of abandonded products to take place, I think a happy medium between both sides would be found.

    --
    "Moving through the masses like a fish through water." syrup
    1. Re:Ah....Abandonware by Anonymous Coward · · Score: 0

      if you watch *any* tv at all, you've probably seen ads for some special cd/tape/8-track collection of songs from the 60s-80s. What if the same thing could be done with software? The original publisher would get a license/mechanical fee, the resellers could sell disk images of commodore, apple II software + emulator. An interesting thought

  17. giving s/w away is not a disaster for others by markj02 · · Score: 5, Insightful
    Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.

    I presume what the poster means is that by giving away the software, the company destroys the market for the competitors.

    Well, that isn't quite true, as we have seen again and again. In fact, in real life, the source code and executable are only a small part of the value of a software product. Most of the value is in the ongoing maintenance, business relationships, trademarks, the user base, the books that have been written about it, in short, the "network" that surrounds it.

    To the degree that it is true, well, software companies simply have to get used to the fact that, once created, it costs nothing to give software to additional people--that ultimately has a lot of influence over how software can be priced and licensed. There is no use whining about basic economic realities.

    1. Re:giving s/w away is not a disaster for others by Anonymous Coward · · Score: 0

      yes it does cost money to give to additional people:

      1. Variable costs of selling
      2. Variable costs of packaging
      3. Variable costs of providing support

      In addition if it costs 500K to develop the software:

      1. Selling to one entity would be 500K + profit
      2. Selling to 500 entities could be 1K + profit

      If I miss the market forecase, and decide that I will sell for $500 per copy and only sell 500 copies, I have lost money, not made money. So each copy I sell I am losing money - not making money - until I hit break even.

      Some basic economics may serve you well in your profession.

    2. Re:giving s/w away is not a disaster for others by Anonymous Coward · · Score: 0

      What a load of bullshit, you simply have read to much propaganda on www.fsf.org.

      The software industry is highly dependant on the sales of the software. If you spend X millions on developing a piece of software you have to make this amount DIRECTLY also. This is why Microsoft and Oracle stocks are doing ok while VA will face bancruptcy in a short while.

    3. Re:giving s/w away is not a disaster for others by danila · · Score: 1

      If a free failed discontinued product is better for the economy than expensive maintained "successful" product, I suppose the invisible hand of Mr. Smith will be slowly pushing the "successful" companies from the business.

      Sure, it doesn't usually happen, and not in the today's technological field, where the opportunities for product improvement exists. But still, I am happily using the abandonwared AtGuard! for addcutting and firewalling, as well, as thousands other users.

      But I admit, it is hard to find an example, where the company will voluntarily go out of business (letting the consumers use free existing products), just because economy doesn't need it. None of them will renounce from selling you a "new" and "improved" product ina year or two.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
  18. Indeed! by Burgundy+Advocate · · Score: 1

    Just like with real life recycling!

    One person throws their trash away, hoping never to see it again...

    ...and some damn hippie picks it up and "recycles" the festering, fetid garbage!

    When you think about it, this viewpoint sure explains why most open source programs suck!

    --
    Dragging people kicking and screaming into reality since 1996.
    1. Re:Indeed! by Anonymous Coward · · Score: 0

      me troll... me think good, you see yes?

  19. Obsolete Software? by Shadowin · · Score: 2, Funny

    Yea, that's all we need... a bunch of Windows 3.1 clones! Maybe Attack of the Clones isn't so far-fetched anyhow?

    1. Re:Obsolete Software? by Anonymous Coward · · Score: 0

      Hey, some people still use Linux with a command line...

  20. Well... by LOTR+Troll · · Score: 0, Troll

    this is a stupid idea.

    --

  21. Disaster for everyone else? WHAT? by Courageous · · Score: 2

    "...Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.)"

    I have to emphatically disagree. The rise and fall of a software product's success has far more to do with market dynamics, marketing itself, business decisions, and any variety of other dynamics than it does software quality or the usefulness of source code to the community.

    C//

    1. Re:Disaster for everyone else? WHAT? by Mark+Pitman · · Score: 1

      Read his post, that's not what he is talking about at all!

    2. Re:Disaster for everyone else? WHAT? by EllisDees · · Score: 1

      If when you say "for everyone else", you mean the public at large, releasing the code is anything but a disaster. If you are talking about companies that try and sell similar code, you might have a point. Still, hardly a disaster for most people...

      --
      -- Give me ambiguity or give me something else!
  22. Needed changes in the IP laws by 3seas · · Score: 2

    All this really does is to express evidence of a need to change the IP so to better support what they were intended to support.

    See my journal for more.

  23. Just limit copyrights to 7yrs... by Anonymous Coward · · Score: 0

    ...as they were really meant in the first place.

  24. It seems almost humanitarian, I suppose. by mystery_bowler · · Score: 2

    I've often wondered why more companies don't release the source code once the product is no longer viable. When I was younger and less experienced in the corporate world, I'd always thought it was because corporations were made up of evil bastards who want to control everything. As it turns out, most corporations are just made up of people who want to keep their jobs.

    Anyway, a really good reason for not releasing the source code is that no matter how hard you try, you ALWAYS end up supporting it. I'm sure in most cases it would be a hassle and an unnecessary expenditure. Not to mention any legal issues that might arise if it becomes evident that a company has *ahem* borrowed code from someone else's product. I bet we'd be amazed to see the amount of IT espionage that happens between major competitors. :)

    You know, there are quite a lot of game companies that I wish did this though. Besides id.

    --

    My sigs always suck.
    1. Re:It seems almost humanitarian, I suppose. by DrSkwid · · Score: 1

      I'd always thought it was because corporations were made up of evil bastards who want to control everything. As it turns out, most corporations are just made up of people who want to keep their jobs.

      The environment under which business operates is dictated by statute. This evolutionary pressure results in successful companys acting as such to maintain their existence, entering into a symbiotic relationship with it's employees/shareholders.

      The government has been subverted by company people infecting the body of government.

      We can reshape the pattern by asking "What is the purpose of commerce?"

      .

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  25. I wish i knew what he meant by "Open Source" by mickeyreznor · · Score: 2, Insightful

    Does he mean GPL or public domain? I would much rather prefer the latter, since it would probably be the fairest way to do it.

  26. Learning material by Fuzzums · · Score: 1

    I've leaned the tricks by looking at other examples. I've also learned from mistakes. copy-paste-analyse-learn.
    Even if the examples are 'bad' there is stuff to learn. Please, more open source!

    And who said it was the software that caused a company to fail? Even with 'bad' software you can run a good^H^H^H^H strong company ;)

    --
    Privacy is terrorism.
  27. I doubt this will ever happen by mrroot · · Score: 1

    as any of us who have written code for a living know that as deadlines approach, and as features are heaped on you the week before code is frozen, quality of code begins to decline.

    If you do not know this, consider yourself fortunate to work for such a company, or go get a job in the consulting industry and you will quickly find out.

    I would venture to say most companies would not release their code for obsolete software out of possible embaressment rather than financial or confidentiality reasons.

    As always, I may be wrong though.

    --
    I Heart Sorting Networks
  28. If you want the games.. by coltrane99 · · Score: 2, Informative

    You may want to look around on the Web for 'abandonware' sites, which make such programs available (sometimes without the proper permissions). Simply searching google for the keyword 'abandonware' with the title of the game in question should get you somewhere. The line is pretty blurry between abandonware and warez sometimes though, beware.

    1. Re:If you want the games.. by Anonymous Coward · · Score: 0

      Yes, you can find some old games that way. But they almot never have permission. Some games like Zork and Ultima have been reclassified to freeware (copyrighted, but cost-free) or public domain (copyright claims abandoned), but they're not "abandonware."

      If the line between abandonware and warez is blurry, it's because you've been drinking too much. The abandoneware emperor has no clothes; there is no such thing as "abandonware" -- it's an invented word to help justify warezing old software.

      Are you telling people to beware of viruses from commercial software downloaded off a website run by warez dudes in a foreign country, or that they might be stealing software?

    2. Re:If you want the games.. by coltrane99 · · Score: 1

      I'm only telling em to beware viruses and trojans. That said, I've found some good programs totally unavailable elsewhere on these abandonware sites. I have obtained programs which I bought commercially 10 years ago in this way (System Shock 1 and Darklands). There was no other availability. Personally, I don't give a rat's ass about getting permission; that's for schoolkids.

  29. Failed software, good code by StrawberryFrog · · Score: 3, Insightful
    2. You can still learn something from the source code of bad software, even if it's only what not to do.

    You can learn a lot from failed software. My experience has been that software fails when requirements are vauge and the developers spend time architecting kewl stuff and polishing it rather than letting the marketing dept make sure it gives the users a few key features, and push it out the door when it's barely good enough (this is what makes MS what they are today).

    Anyways the sad truth is that failed software often has really neat code. Beos, anyone?

    --

    My Karma: ran over your Dogma
    StrawberryFrog

  30. heh, mod me down, I deserve it by kitts · · Score: 1

    Yup, I totally took it out of context. Although I don't agree with the scenario the guy put forward, he wasn't saying what I thought he was saying.

    --
    -------------------------------------------------- ----
    charlton heston is more of a man than yo
  31. What's Software Got To Do With It? by RareHeintz · · Score: 1
    "Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else."

    This comment would actually make sense if the recent storm of software company failures had anything to do with the software. While in many cases I'm sure it did, in many more cases it had to do with reliance on leveraged financing or a management team that hadn't yet successfully wrapped up puberty. Also, a lot of companies turned out software that should have been Open Source in the first place - cool and occassionally useful stuff that nobody was willing to pay for, but that could have raised the writers' profile in the community.

    Just my US$2e-02.

    OK,
    - B

    1. Re:What's Software Got To Do With It? by Anonymous Coward · · Score: 1, Insightful

      One good thing about this story is it has been an excellent way of testing an hypothesis that I've long suspected -- that few Slashdot readers actually read a story before they decide to post their 2 cents on it. So far the results of this experiment do not reflect very well on the Slashdot readership.

    2. Re:What's Software Got To Do With It? by Mark+Pitman · · Score: 1

      Read his post, he is not saying that the software is bad, and so would be bad to use. He is saying that it would hurt other companies who produce a similar, competing product.

    3. Re:What's Software Got To Do With It? by Mark+Pitman · · Score: 1

      Amen!

  32. IP issues as well... by grnbrg · · Score: 3, Insightful

    (IANAL)
    With regards to solvent companies opening "obsolete" software...

    It occurs to me that part of the problem may also be in terms of companies and protecting their existing intelectual property. If a company decides that a particular software product is too old, or not selling well enough, and they release it to the public (either as source or binary) then might it be argued that they are no longer actively protecting their IP and leave themselves more open to their competitors?

    For example, you can no longer (I think) buy a copy of Doom or Quake, and while the *engine* code has been released under the GPL, the rest of the games (graphics, levels, sounds, etc) remain copyrighted to id.

    (/IANAL)

    1. Re:IP issues as well... by Drakin · · Score: 2, Interesting

      You can actually buy copies of Quake, usually in a package with Quake I, II and some flavour of III. Haven't seen doom, but have seen Doom II around still.

    2. Re:IP issues as well... by cobar · · Score: 2

      I haven't verified this but I am pretty positive that all of their games are still available for sale. A few years ago I even saw a Wolf-3D cd. Chances are if you can't find them at a store, they're out there somewhere on the internet (buy.com, newegg.com, ebay?) or direct from iD.

    3. Re:IP issues as well... by markj02 · · Score: 2
      There are four kinds of IP: trade secrets, trademarks, copyrights, and patents. You must protect your trade secrets if you want to enjoy legal protections, but trade secrets obviously stop being trade secrets when you publish, so that's not an issue. You need to protect trademarks actively, but that is independent of publishing the source code. Copyrights and patents do not require enforcement in order to remain valid.

      The main obstacle to open sourcing software is that it may contain other people's code and you can't publish or redistribute code that others hold copyrights or trade secrets in if the contractual agreement with them doesn't allow for it.

    4. Re:IP issues as well... by denzo · · Score: 2
      Collector's edition and bundle packs of both Quake and DOOM are still available (heck, even recently released) in stores.

      Collector's DOOM Bundle

      Final Quake: BFG

    5. Re:IP issues as well... by labratuk · · Score: 0
      (/IANAL)

      Does this imply that when you state this, you do become a lawyer?

      Cool.


      (/IANAN) (I am not a Nudist)

      --
      Malike Bamiyi wanted my assistance.
  33. Do your competitors over ... by Anonymous Coward · · Score: 1, Funny

    Hmm, might not be such a bad idea after all, I mean, what better way to leave a market than take out all your competitors ?
    (If it even works that way ... )

  34. Re:Ah....the GPL by drag88 · · Score: 1

    Isin't this what the GPL already accomplishes quite well?

    With it, companies force people who want to re-release products based on their code to supply the modified code with it, effectively nulling any potential commercial value.

  35. GPLing bad software cant't hurt anyone. by bluephone · · Score: 1, Redundant
    Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.
    That's silly. It can only help the community. If it's truly bad code, it'll either be fixed, or left to bit rot. While the "enriching the soil" thing is a nice metaphor, it fails when speaking of bad software. It's notsalt to good code's fertilizer, it's more likeplain dirt. It doesn't hurt, but without good things added to it, it won't help either. It's neutral. No one loses when code is GPLed.
    --
    jX [ Make everything as simple as possible, but no simpler. - Einstein ]
  36. Assets by geekoid · · Score: 3, Interesting

    software is an asset, if I company just gave it away, its value would decline.
    Right or wrong, That is how it would be seen in the financial and business world. That also happens to be the world you need to look good in to survive.
    If a company goes chapter 11, that asset is delegated by the courts.
    Plus, what happen if someone releases a crappy product, has no sales, then someone come along, puts in 2 week worth of work, and creats a product thats in demand? The company would look bad, and you don't want to look bad to the market.

    Are these reason pretty stupid since that compnay wouldn't be making money from the product anyways? yes, but what dpoes that have to do with business?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Assets by Brendan+Byrd · · Score: 2

      It's value?! Are we talking about companies which only exist to sell themselves out to the highest bidder? Id Software gives out its software, and uhhh...it's not going down the tubes.

  37. ! by Hatechall · · Score: 1

    Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.)

    This could be true, but isn't open source everywhere doing this exact same thing? You can not say that there aren't some very reliable and feasable open source alternatives to products out there now.
    We cannot use the arguement that making commercial grade closed software open will devistate software companies at the same time as justifying making commercial grade free (beer) open software from scratch.
    Well i guess you can make an arguement. I am just saying that that same arguement stated about corperate failures, while may be understandable and logically sound, does not pan out realistically the way things are being done now.

    1. Re:! by Anonymous Coward · · Score: 0
      This could be true, but isn't open source everywhere doing this exact same thing?

      Yes. This is why Brett Glass generally hates all open source software except where it can be used as a tool to build or peddle proprietary stuff.

  38. People are afraid of Ego Dents by CDWert · · Score: 4, Insightful

    I agree with the recycle concept of obsolete software, there are a few companies that do this, ID Software as mentioned here last week, and a few others,

    Many companies , especially smaller ones have issues releasing their code even after their demise because of Ego issues, yes Ego, they write stuuf and will sell it , and some of it is a lame horrid hack. Even if it isnt people are afraid of rejection of their coding practices,

    Dont belive me, ask some people over at sun what it was like when they made their source avaiable, developers panicked, at the thought of open review of their code, I saw so much code bashing BEFORE a single line was released I thought shit, anyone ever get to my code Im in trouble :) People actually feared for not only their status after peer review but their jobs as well.

    Granted It may be different when a company dumps into ch11 but not a whole lot, Ive written code I am truly proud of , the stuff that people I think are out of my league have said I dont know how it can work, thats one of the nicest pieces of code Ive ever seen......AND Ive written code I myself looked at 5 years later and yelled who wrote this shit, only to see it was me...

    I wouldnt want that code out there....(well some of it is....anyone running Apache on Windows :)

    Ego.....makes the world go round.....

    --
    Sig went tro...aahemmm.....fishing........
    1. Re:People are afraid of Ego Dents by Anonymous Coward · · Score: 0
      Ive written code I myself looked at 5 years later and yelled who wrote this shit, only to see it was me

      I don't know about you, but I've written tons of code and scripts, and no matter how far back I go, I always remember my stuff. Well, I remember that I wrote it, if not how it works. You must have a really bad memory.

    2. Re:People are afraid of Ego Dents by perrin_harkins · · Score: 1

      Since they did release their source, I guess ID won out over Ego.

    3. Re:People are afraid of Ego Dents by CDWert · · Score: 1

      I am 32 now, I started coding in 1978 on my OSI 1 , a 6502 kit. From there to a Kaypro, and then Kaypro2, along side my first IBM in 81 followed by a victor 9000 in 84 to shit I lost track after that. Point is Ive been coding for a while , Alot in assy some c, most recently a slew of other stuff, I have between 20-40 gigs of raw code on my dev machine that I wrote over the last 10 years....

      Then again I had this drinking think for a while maybe youre right and I fried a neuron too many.

      You mean to tell me If I showed you a tic tac toe game you wrote 20+ years ago you could tell me DEFINITIVLEY it was yours ?

      --
      Sig went tro...aahemmm.....fishing........
  39. Object Oriented and Quantum Mechanics by Alien54 · · Score: 0, Offtopic
    IBM had at least one paper looking into OOP and it's relationship to Quantum Mechanics. The best paper is entitled "Is Schrager's Cat Object-Oriented?", which you can download as a pdf, etc. (yes, that is the name of the paper on the site)

    This may be useful in the broader perspective of applying OOP to real life. There are plenty of papers up on the IBM site that are worthwhile, even if searching for them could be inconvenient.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  40. Mod this DOWN by cfadam · · Score: 1

    Its obvious this guy didn't even read the article. Why bother making informed decisions when its so much easier to post knee-jerk reactions to things.

    Please, mod this moron down.

  41. IE destroyed the browser market by Anonymous Coward · · Score: 0

    MS (with IE) (and netscape) -destroyed- the browser market. No one, and I mean no one, is ever going to do a superior browser simply because, well, there's no money in it. As for the "free" OSes being superior, so can be argued that they should have "95% of the desktop" is absurd because they are not superior, certainly not on the desktop. KDE is klunky, and Gnome is gnot there (dontcha love aliterationobliteration?) and the apps aren't either. It's not even close. XP is pretty weird, but NT and W2k are fine OSes, and just about all worthwhile apps are on those.

    1. Re:IE destroyed the browser market by pointym5 · · Score: 2

      What about Opera? You may disagree that it's better, but it's clear that the company is certainly trying.

    2. Re:IE destroyed the browser market by mattdm · · Score: 2

      Opera?

    3. Re:IE destroyed the browser market by cduffy · · Score: 2

      Did I claim that the "free" OSes are superior? I think you're putting words in my mouth. (Incidentally, I like them, make good money working with them, and have all the apps I need... but that's not a battle I want to fight right now).

      Anyhow, IE hasn't stopped all browser development. I use Galeon, and consider it the best browser out there. However, Mozilla is still being developed with commercial support (my company is providing some of it -- we provide an OS layer and stock apps to folks building embedded systems, and offer Mozilla as one of our browser options) and Opera is still in business too.

      Incidentally, btw, the OS layer we make good money selling and supporting is Linux. Chew on that, bucko! :)

  42. opensource ... will it run on its own? by dybvandal · · Score: 1

    well eventhough i do a fair amount of work in the opensource world and make use of a fair number of opensource products i see some problems with it the question is what will happen in the long run we all know that opensource can create some pretty amazing software the only area where it seems to lack abit if with documentation and interface design (and i think this will always remain this way) but this can be fixed by commercial companies that specialze in just that so what happends then? the only thing that will let you succeed in this world then will be being the best in marketing and winning customers ... my company was build by 3 programmers .. we create very good software and struggle on the marketing ... right now the superior quality of our software is the only reason we are not broke if we were to opensource our software a bunch of marketing guys with a bit of technical skill could pick it up and crush us (or atleast prevent us from ever hoping to succeed with out company) anyways orphaned products should be given a new home somehow ... and i also think that getting a copyright is not just a right but a responsiblity ... society has given me the right to decide what to do with an idea!

  43. Old versions should be opened, too by darrick · · Score: 0, Interesting
    I would think that older versions should be given away. Maybe a major version older (selling 3.2, give away 2.x) or 2 minor versions (selling 3.2, give away 3.0) something like that.

    I'd love to be able to grab a copy of Windows 95 for my kid's machine. Maybe download it from Microsoft's site as an ISO image (I lost my 95 CD).

    1. Re:Old versions should be opened, too by darrick · · Score: 1
      WTF? Troll?! How? I'm serious!

      Man, people should only be given moderator points proportional to their IQ. That way, stupid moderation like this wouldn't happen.

  44. only one thing to disagree with by mickeyreznor · · Score: 1

    this is a good idea. and I agree, except when it comes to forcing the source being released. It's absolutely ludricous to have to force a chef to relinquish his recipes after he retires, and as such it wouldn't be much fairer to force companies to release their source.

    1. Re:only one thing to disagree with by Anonymous Coward · · Score: 0

      Good God, you've made not one, not two, but three posts that demonstrate that you have not even read the story. (And some idiot actually moderated you up for one of them.) Pathetic.

  45. Orphaned software and Abandonware by per+unit+analyzer · · Score: 4, Insightful
    I think a distinction needs to be made between orphaned software and abandonware.

    Software that gets orphaned by a company that goes out of business most likely is not obsolete and its release to the public could have damaging effects on competitors. However, if that's the case, it's the job of the bankruptcy judge, trustee, or whoever is shutting down the company to recognize that software still has value. If the software is still so competitive it could put someone else out of business, chances are someone will want to buy that software. And that value should be returned to creditors or shareholders of the defunct company that otherwise would receive nothing.

    Abandonware on the other hand, is software that its "parent" deems obsolete and of little or no value anymore. There are a lot of other programmers (both hobbiest and professional) that could take advantage of recycling "useless" code. O'Reilly's example of a user wanting to share "obsolete" software for a niche application is something I have experienced myself and it is frustrating. I say encourage companies to release their abandonware to the public.

    In either case however, the decision should be voluntary, and in the case of bankruptcy, with input from all interested parties.

    I can understand why companies (especially the big guys) are reluctant to share abandonware. The support issue really never goes away. In some cases there might be some lingering IP that you carried through to your current products that your competitors still don't have, and you might not even know it. I think a lot of companies hold onto abandonware because they don't want to unknowingly form the basis for someone else's business or worse yet, aid their competitors.

    -z

    --
    In Soviet Russia, the Beowulf cluster imagines you!
    1. Re:Orphaned software and Abandonware by Anonymous Coward · · Score: 0

      Abandonned software is of no value - even to competitors. I admit an attempt should be made to sell it and if it cannot be sold it should simply be given away under a GPL like license.

  46. What about out of print books? by guerby · · Score: 2, Insightful

    Does he plan to make all the out of print books
    text available?

  47. Failure of copyright to establish a public domain by jms · · Score: 5, Insightful

    This article illustrates the complete failure of the only constitutional purpose of modern copyright law with respect to software -- a failure to establish a public domain, in both senses of the word.

    The first sense is the idea of public domain as "uncopyrighted" or "expired copyright." Had Congress resisted the urge to tamper with the copyright laws in 1976, things would be different. Under the pre-1976 copyright regime, copyright lasted for 28 years, with the option to re-register for an additional 28 year term. Under this system, abandonware from the early 1970s would be now regularly entering the public domain. In two or so years, we would start to see the first generation of abandoned PC software enter the public domain -- old Apple II software, games and system software from long-lost companies. Instead, by repeatedly extending copyright, and removing the renewal requirement, Congress has essentially consigned the history of computer software to destruction. Very few of us will live long enough to be allowed to legally copy the software that was written before many of us were even born. Even if we did live long enough, the media will have long decayed, any software from the early days of personal computers will only survive as illegally made copies. In essence, Congress has criminalized the work of the historian and archivist, with no real benefit to anyone.

    There is another sense of the "public domain" in which the copyright laws have even more drastically failed. This is the sense of the "public domain" as "the body of work available to the public to read and learn from." The problem is that by allowing copyright on object code, and by allowing software publishers to treat source code as trade secrets, in essence, computer programmers are forced to learn their trade from scratch. Imagine if a student expressed an interest in becoming a writer, and was told, "If you want to be a writer, you will never be permitted to legally read books written by successful, popular authors." I doubt that the result would be better literature, but that our public policy with respect to software -- both by attaching copyright protection to object code, and by allowing the attachment of licenses to software that forbid reverse-engineering -- a technical term for "reading" software.

    The primary purpose of copyright was to place knowledge into the public domain. That's why patents must be openly published, and why, originally, only published works were eligible for copyright. Now, with copyright protection automatically attaching to all works, whether or not they are ever published in a form that adds to the public domain, we are back to the bad old days of proprietary licensing of -- and the subsequent destruction of learning and knowledge -- the very problem that copyright was designed to put an end to!

    I believe that the real revolution in free software is not a better business model. It is not the sense of community that it fosters. It is not the reduced costs or the improved quality.

    The real revolution in free software is that it in effect reestablishes the public domain that has been systematically destroyed by Congress in passing ever more restrictive, destructive copyright legislation. In the year 2002, free software is the public domain. It's the software that you can download, study, modify, improve, sell, and give away. It's the software that you can learn from, instead of just use.

    Unlike proprietary software, free software is the software that promotes the progress of science and the useful arts, and anyone who is interested in promoting progress in the field of computer science should strongly consider releasing their software under the GPL, after its commercial potential has been exhausted.

  48. Abandoned IP by Squirrel+Killer · · Score: 4, Insightful
    Susan Aker wrote an excellent piece for OSOpinion about a year ago that compliments Tim's. She talks more about a change in the legal status of abandoned IP than Tim's focus to create an additional mandate on the abandoning companies. And since abandonment, in a legal sense, is a pretty specific concept, BrettGlass's concerns are addressed as well (abandonment would take enough time for a commercial package to make significant enhancements to keep their market share.)

    I really disagree with Tim's proposal to force abandoned code to be made available at the source code level. That's not free speech, it's forced speech. Sure Lotus Improv is out there already, it's been abandoned, let people copy the binaries as they wish. But to force Lotus to cough up the source is an unreasonable burden. Hell, the source code could be near impossible to find even for the original programmers. Finally, the source code can represent an asset for the company that will be valuable when they sell off.

    -sk

    1. Re:Abandoned IP by Anonymous Coward · · Score: 0
      But to force Lotus to cough up the source is an unreasonable burden.

      Your point is moot, as the source code would probably show up on the net the next day, if the threat of legal action and lengthy prison terms didn't exist.

      Hell, the source code could be near impossible to find even for the original programmers. Finally, the source code can represent an asset for the company that will be valuable when they sell off.

      Rather difficult to sell it off if it's "near impossible to find", don't you think?

    2. Re:Abandoned IP by eightball · · Score: 1

      Your point is moot, as the source code would probably show up on the net the next day, if the threat of legal action and lengthy prison terms didn't exist

      But they still retain their IP by not releasing the source. They laws exist to protect their property.

      Rather difficult to sell it off if it's "near impossible to find", don't you think?

      It is up to their discretion whether it is worth their time to look for it. If you misplaced a gold bar in your house and a guest finds it, who owns it? Does it matter whether the guest knows you don't know where it is?

  49. there was a console mode *nix wp by Anonymous Coward · · Score: 0

    still have it being run daily by the users on one of our aix boxen here. (got a vertical market package on there that uses it for mail merges.)

  50. Obligation? Not really. by sulli · · Score: 4, Insightful
    Developers/publishers have the option to release their expired/retired/obsolete code. I personally think it's a good idea to release it, and under a relatively free license like BSD, but it's really up to the publisher.

    BrettGlass' objections to the GPL are just that - GPL specific. Really this is easy to work around; (1) if you don't like GPL, don't release it that way; and (2) if you don't like GPL, don't use GPL code, including obsolete code. The publisher can and should decide which way (GPL or something else) is better.

    What I don't see is the downside. What possible harm could come from code being out there? Sure, it's harmful to competitors, but so also is newly written GPL (or BSD, or ...) code that's out there, free as in beer/speech, and in any case protecting competitors shouldn't be our business.

    If it's bad for the publisher, for example if it increases support costs or cannibalizes sales of the current product, then of course the publisher may choose to trash it. But if it isn't, there's zero (0) harm to anyone else, so let's encourage this behavior!

    --

    sulli
    RTFJ.
  51. Awareness by dolo666 · · Score: 1
    "...Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else."

    Experience only comes with mistakes. Anyone who believes otherwise is a fool.

  52. Typical Brett Glass rant by EllisDees · · Score: 1

    This from a guy who has recently compared RMS with Osama Bin Laden. His blind hatred of the GPL has robbed him of all objectivity.

    --
    -- Give me ambiguity or give me something else!
  53. So few books?! by Anonymous Coward · · Score: 0

    Umm... so where's the rest of the O'Reilly books? Where's the previous editions of Perl Cookbook? Where's everything? All I see in that Open Books list is just a handfull (one hand) of books. Am I looking at the right list?

    1. Re:So few books?! by Anonymous Coward · · Score: 0

      No. Not even close. Try looking for a list that says "O'Reilly" somewhere near it.

    2. Re:So few books?! by ParisTG · · Score: 1

      No, this is the right list. It was even linked to in the article, if you bothered to check...

  54. Lawrence Lessig by blkros · · Score: 2, Informative

    had something similar in Wired a few months ago. He proposed that software be held in trust by the patent office, (or was it copyright?), and when the patent(copyright) expired(a shorter time than regular copyright, because of the nature of software), be put out to the public. Sounds good to me.

    --
    Damnit, Jim, I'm an anarchist, not a F@#$!^& doctor!
  55. Webboard by scrutty · · Score: 2
    That'll be why O'Reilly handed their webboard application over to another commercial company when they decided to discontinue developing it then.
    I'm such a cynic.

    --
    -- Oh Well
  56. good idea by WildBeast · · Score: 1

    a lot of company fail even though some of them have great products.
    Of course they should make them available under an open source license, no question about it.

  57. "Open Source" Your *NEW* Books or Shut Up by Anonymous Coward · · Score: 0

    Here's a guy who likes to pay a lot of lip service to Open Source methods, etc., but doesn't actually put his MONEY where his mouth is. Let's see all your *new* manuals online right now, not just a bunch of old ones that you don't make any money on any more. Let's see your contribution.

  58. Companies destroying their own IP by Squirrel+Killer · · Score: 2
    Do you have some supporting citations for that claim? I ranted that companies weren't very good stewards of the history that their IP represented, but if you've got evidence, that would be reprensible (at least in terms of history.)

    -sk

    1. Re:Companies destroying their own IP by denzo · · Score: 3, Interesting
      There may have been some movie companies that purposefully destroyed film, but most film has been destroyed by neglect or events such as fire. It would be hard to come up with a figure of how many movies have been lost forever, but it's certainly in the hundreds, and is increasing every day. There are films literally sitting in archives rotting away as we speak, with no real effort to restore them, except with bigger movies that still have profit potential.

      Just think about how bad of shape just the Star Wars movies were when they digitally remastered them. The Special Edition VHS tapes have a little documentary at the beginning comparing the visual quality of the movie from the original print and the digital remaster, and the difference was astounding. The 1977 prints were horribly faded and would have been lost in just another couple of decades. And this is just from 25 years ago.

      Also consider the other types of property destroyed on purpose, such as unused scenes (Charlie Chaplin is known to have ordered outtakes to be destroyed) or movie sets and designs. Stanley Kubrick had the Discovery models destroyed for fear that it would be reused in future movies.

      A lot of movies have been lost by accidents or other means (such as acts of war). The biggest problem is that there is only one original copy of a movie with no real backup archives of it, mostly because of space consideration (keeping warehouse space does cost money, and that cost just increases the more movies a company makes). On a sad note, I saw on CNN the other night a piece about a documentary series about New York, which has some episodes about the World Trade Center. The man who was in charge of the series said that they had the only known footage of the construction of the World Trade Center, since the New York Port Authority's own archive of the construction was located within one of the towers.

  59. Jar-Jar Gates Doesn't Like It by Anonymous Coward · · Score: 0

    Jar-Jar-sa doesn't-sa wantsa youze-sa using Windows 3.1sa. Jar-Jar-sa has-sa BIIIIG shiny new Windowsa for youze-sa.

  60. 3.1 clones? by Anonymous Coward · · Score: 0

    Well, XP still ships with Program Manager.

  61. always costs money to do this by egomaniac · · Score: 5, Insightful

    The request sounds simple in theory, but as always it's more complicated than this.

    What if somebody is scanning through the code and finds

    // we have to do it this way because Intel is a bunch of fucking idiots

    Would you really want that being leaked into the public? Particularly if you have a close working relationship with Intel?

    Or how about:

    // Bob Martel isn't at the company anymore, so I can safely say that this is the worse piece of shit code I've ever seen. I'll rewrite it when I get a chance

    Not to mention potentially plagiarized code, or patent violations, or any number of other nastiness buried in the code. Sure, it *probably* doesn't contain any of the above, but do you really want to scan through all two million lines of it just to make sure?

    Further, every time somebody wants to see my source code, I find myself preparing it a little more thoroughly. Removing a few of those ugly hacks, documenting the ones I can't remove ... sort of like quickly straightening up the house before visitors show up. I don't want people seeing my dirty laundry. If I don't have time to straighten up, I'd rather not let people in at all.

    Source code is the same way -- you generally don't want other people looking over it until you've had a chance to clean it up a little bit. If you don't want to clean it up, you just don't release it. Releasing source code *always* costs time and money to a corporation.

    --
    ZFS: because love is never having to say fsck
    1. Re:always costs money to do this by The+Real+Audi · · Score: 1

      Damn, well said! (Not the original, but the anonymous reply.) I'd like to take on a couple other points that I find ridiculous. "we have to do it this way because Intel is a bunch of fucking idiots" We're supposed to be allowed to say that kind of thing in this country, genius! "Further, every time somebody wants to see my source code, I find myself preparing it a little more thoroughly." Sounds to me like an awesome incentive not to write shitty code, egomaniac! Complaining about it is like General Motors not wanting anyone to be allowed to disassemble one of their engines, out of fear that people will find out what kind of crap they've been selling us this whole time!

    2. Re:always costs money to do this by Anonymous Coward · · Score: 0

      It's stupid to reply to a sig, but I'm a loser.

      If you abolish the copy right then everything is free as in beer and may as well be bsd licensed.

    3. Re:always costs money to do this by tricorn · · Score: 1
      Source code is the same way -- you generally don't want other people looking over it until you've had a chance to clean it up a little bit. If you don't want to clean it up, you just don't release it. Releasing source code *always* costs time and money to a corporation.

      Then make publishing the entire source code a requirement for getting legal protection (other than trade secret protections, as enforced by individually negotiated and signed agreements with customers) on the binary program. Source would include any specialized tools, Makefiles, etc. required to build it, and a specification of which versions of other published tools are needed. This would actually strengthen "intellectual property rights", as now you'd be able to see if some of your code has been stolen by another company and used in their product.

      Add in a definition of when something is out-of-print and no longer supported, and remove restrictions on copying either the object or source code at that time (out-of-print provisions should apply to any other copyrights as well - but its tricky to balance it just right).

  62. liability by esnible · · Score: 1

    All large programs have bugs. Releasing the source code makes it easy to find (and fix) the bugs.

    The old bugs would not only be a public-relations problem for the company but could open the doors to serious product liability threats.

    The copyright holder should at least be indemnified against such liability upon release of the source code.

  63. I need IMPROV!!!!!! by Anonymous Coward · · Score: 0

    And I still can't find a copy of improv for nextstep and lotus isn't helping.

  64. I can't read his argument by Anonymous Coward · · Score: 0

    server is down

  65. Software from failed companies by rnturn · · Score: 2
    ``Giving away the software of failed companies could turn every corporate failure into a disaster for everyone else.''

    Heh. From what I've seen of failed companies or read about their failures, not that many failed as a result of poor software (or any other product). Rather some spectacular administrative screwup, boneheaded marketing decisions, or just bad timing seems to have been more at fault.

    Heck, if bad software could sink a company, Microsoft would have been history over a decade ago.

    IMHO, turning over the software assets of failed companies to some site that would make them available to all-comers for inspection and cannibalization would be great. Sort of a farewell gift:

    ``Hey! We couldn't figure out how to make a go of it with this software. But, we still think it's great and maybe someone else can find a way to get it into users' hands. Enjoy!''

    (My pessimistic side senses that this'll never happen as some lawyers will find a way to make it impossible.)

    --
    CUR ALLOC 20195.....5804M
  66. Re:Obligation? Not really. by Squirrel+Killer · · Score: 2
    "What possible harm could come from code being out there? Sure, it's harmful to competitors, but so also is newly written GPL (or BSD, or ...) code that's out there, free as in beer/speech..."
    The difference is that there's already a userbase of exisiting code. Imagine if Quark went out of business and QuarkXPress became free overnight. Who would continue to pay $600 for Adobe Pagemaker. Or if NewTek went under, who's going to pay for Maya when LightWave is free? But someone writing a new, free-beer desktop publishing program or 3D renderer isn't going to make a huge impact immediately. Blender is making it's way very slowly, and Gimp is hardly replacing Photoshop (although I did give up PS for Gimp on Win32 several years ago).

    While protecting competitors shouldn't be our business, neither should destroying other businesses.

    -sk

  67. New Entries to the Jargon File? by linuxdoctor · · Score: 1

    I noticed that while vaporware is in the Jargon File, abandonware itself is nowhere to be found even though the term has been in general usage for a while.

    Perhaps, then, that allows us to define `abandoned software' in two senses. First, abandonware might mean software that is abandoned but made Open Source or placed in the Public Domain. This makes sense in that once you've abandoned something, anybody may be able to pick it up and use itbecause, after all, you've thrown it away.

    Secondly, perhaps we can have vaporizedware to mean abandoned software made to disappear because the `owner' of the software is either too lazy, too disappointed by the commerical failure of the company that owns it, or too greedy to place it in the Public Domain. It's the "if I can't be as rich Bill Gates with this stuff, nobody can" mentality.

    The Jargon File, even though it purports to be a dictionary, is still a political document (cf. the cracker vs hacker controversy) and word usage is a political activity. Let's then claim the word abandonware in the sense that we wish it to mean as well, that is, discarded software made Open Source or even placed in the Public Domain?

    Yes, I like the sound of that.

  68. It's already being done by tshoppa · · Score: 2, Interesting
    For much historically-interesting software, hobbyist-type licenses are available. (No, it's not always open source, and it's not always public-domain, but it's a start.)

    See for example the massive collection of PDP-10 (the architecture that the Arpanet and early TCP/IP stuff was done on, and certainly the source of much of the hacker culture) software at

    The PDP-10 Software Archive
    or the large number of historically interesting OS's and tools (including many early Unix releases) that you can run on
    Bob Supnik's SIMH computer history simulation project

    That said, these only scratch the surface of vitally interesting stuff that needs to be preserved, so anything to further similar projects is 100% goodness.

  69. *Netscape* destroyed the browser market. Oh, wait by billstewart · · Score: 2
    I'm glad you mentioned Netscape in the body of your message. It always struck me as hypocritical that Netscape, who became a huge company by giving away their browser for free and transformed industry business models in the process, was one of the prime attackers of Microsoft because those Bad Bad Monopolists were giving away their browser for free.

    Ignore the fact that they catalyzed the web market (either as Netscape or as their preceding life as the Mosaic free university-ware browser) by making it easy to view pictures and text on the same page, as opposed to the previous ftp-like interfaces. And those Bad Bad Netscape Monopolists destroyed the chances for REAL HYPERTEXT which the Xanadu project was planning to ship Real Soon (after a mere 25 years of development :-).


    Also, people *do* make superior browsers. The World Wide Web Consortium W3.org has done a variety of browsers that are cleaner, smaller, and more correct than the big MS and NetscapeZilla product suites. Opera has been lured away into bloatware by the evils of flashiness and feature creep, so they're no longer the lean, mean, fits-on-a-floppy browser that their wonderful early versions were, but they're still a lot smaller than their major competitors. And there are bunches of EMACS-based browser hacks, which were the original integrated browser/mailtool/newsreader/wordprocessor suite. (It's no longer "Eight Megabytes", but it's still "And Continually Swapping". :-)

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  70. Libraries: YES! Applications: NO? by angel'o'sphere · · Score: 1

    I was once a use of the library zAPP of Inmark, later bought up by Rogue Wave.

    Rogue Wave discontinued the product.

    zApp is a library, a portable GUI library, allowing you to write software once and recompile it on different platforms, somewhat compare able to Qt.

    As Rogue Wave discontinued the product, they sent me a letter: now is your last chance to buy the platforms you don't have so far (e.g. Solaris, from that I could have ported it to LINUX and at least my program would run under LINUX)

    Unfortunatly they still asked for $10k. Now I bite my ass that I did not buy it.

    IMHO libraries are software falling into the cathegory of: MUST BE OPEN SOURCE after discontinuing.

    OTOH, an application like a Text Editor or a Data Base, I have the feeling it would hurt competition. The Microsoft SQL server versus Oracle is in fact a dumb example, they do not only NOT play in the same league, they play different games.

    For me Qt is not an option. And zAPP being OS now would not hurt Qt(in fact I'm missing zAPP on LINUX where Qt is free). zAPP being OS now also would not hurt Rogue Wave.

    Probably a project now newly started would might consider using zAPP because its would be OS on Windows then where Qt is not cost free on Windows.

    However for a new project completly differnt questions regarding what to chose why are usuly mattering.

    I say: yes, libraries MUST be open sourced after they get discontinued. So basicly one can buy them if a company files bankrupcy, but has to continue them.
    I say: no, Applications are a totaly different matter. Same for "systems" like a data base.

    Some people argued: all the money set free because companies do not need to buy Oracle because they have a cost free alternative forget:
    For one Oracle sold are ten companies providing services. Not the mighty Oracle Inc. is suffering, a whole industry might be suffering.

    The money saved at the one end is lost at the other, I doubt there is easyly to find a balance or a eayly made an impact calculation.

    Regards,
    angel'o'sphere

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    1. Re:Libraries: YES! Applications: NO? by Anonymous Coward · · Score: 0

      The Microsoft SQL server versus Oracle is in fact a dumb example, they do not only NOT play in the same league, they play different games.

      Please explain - we just move off Solaris E10K Oracle backend to SQL Server 2000. Been nothing but pleased. They are in the same leauge, and I would venture that SQL Server is in the bigger league these days.

  71. Re:*Netscape* destroyed the browser market. Oh, wa by HiThere · · Score: 2

    Netscape was selling their browser (on a "try me first" plan) until Internet Explorer under cut their price, $35 as I recall. Plus tax and shipping.

    So it's improper to claim that Netscape destroyed the browser market. They were trying to grow their market (wasn't it web server software?) so they were selling it at cost, or slightly less. And not worrying too much about the individuals that ripped off copies. (Does AOL worry about copies of the subscription CDs?) But they were selling them until MS started giving away IE.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  72. IP by adamtegen · · Score: 1

    I support free software, but to suggest that software and other works should be forced into the public domain is ridiculous. The copywrited work, whether it is still sold or not, still has worth. When companies go bankrupt, sometimes the only assets they have are intellectual property. Sure, it would be nice if people placed the work into the public domain. Weakening copyright to some of the extremes proposed would decrease, sometimes drastically, the incentive to create such works, which is the whole point of copywrites and patents.

  73. really, REALLY silly by Doktor+Memory · · Score: 3, Insightful

    I have to disagree with him on the degree of harm that would be caused to commercial development efforts by this. The market has already shown a tendancy to go with commercially supported solutions.

    You're being kind.

    He is basically arguing that if a failed package in a given market becomes free, it will automatically overtake the previously victorious competitor, even if it is missing features or buggy.

    Unfortunately, historical fact proves exactly the opposite. StarOffice/OpenOffice hasn't made even a fractional percentage dent into Microsoft Office's sales. Interbase has taken exactly zero customers away from Oracle.

    Now, it is certainly true that a pre-existing free product may discourage further development in the niche it occupies. Thus do we have the complete paucity of alternatives to GCC on the Linux and BSD platforms. But that's a very different scenario than the one Glass is addressing.

    --

    News for Nerds. Stuff that Matters? Like hell.

    1. Re:really, REALLY silly by vertical_98 · · Score: 1

      If you think about it, Mr Glass isn't really that silly. He's just a sad man who thinks that by keeping software closed-source will help the competiton. The 'if its free it'll screw the rest of the world' arguement is as lame as I've ever heard. If I was an IT manager and one of my engineers install some mission critical software, just because it was free, I'd fire him. What if he was the only one who knew how to use it? What if he quit, or got hit by a bus. I've lost my support and I have to scramble to find a replacement.

      I just can't believe some people. Reminds me of an old manager I had.

      [Quote] We can't use Linux here. Its open-source, anyone can look at it and find its security holes. [/Quote]

      Vertical

      --
      72 CD D7 52 D0 7E D8 47 44 91 D5 84 D1 59 F1 A9-This is my 128bit integer. There are many like it, but this one is mine.
  74. Re:*Netscape* destroyed the browser market. Oh, wa by Zigg · · Score: 2

    The World Wide Web Consortium W3.org [w3.org] has done a variety of browsers that are cleaner, smaller, and more correct...

    I've found W3's browsers to be buggy and crash a lot. That said, they often have interesting features...

  75. Look at BeOS, for Example by XBL · · Score: 2

    Be, Inc just got bought by Palm, Inc. BeOS was a great software product, and now probably has no use to Palm anyway. People are petitioning for its source code to be released.

    The problem with this is licensing conflicts. I'm sure it would take a lot of work to just strip out the code that can be released without being sued. Plus go through all the mundane release procedures, prepare announcements, package the code, etc. I know Palm doesn't want to invest man-hours into that, for basically no reason but a small group of peoples' affection.

    Too bad things have to be so difficult...

  76. Won't happen by Anonymous Coward · · Score: 0
    Take all the software owned by failed or failing companies, plus software that is perceived to no longer have commercial value. Subtract from that all software that contains licensed technology from another company, and therefore can't be opened. Then subtract all the software that has embarassing things in the source, like profanity in the comments or code that snoops on the user, or contains company secrets. Then factor in the displeasure of stockholders when they find out that software the company spent a lot of money to develop is suddenly being given away, and in source code form, no less.

    Is it any surprise that so little abandonware gets converted into open source? I don't think so.

  77. Boughten? by MemeRot · · Score: 2

    Bad linux grammar makes me barfen. And what the hell is u*ix? Do you meanen *nix? They maden unix only.... go aheaden and usen the whole word.

  78. mod parent up by MemeRot · · Score: 2

    Right on the money.... who cares about source code? I don't want to hack Bard's Tale, just to play it again....

    1. Re:mod parent up by Com2Kid · · Score: 1

      Huh?

      I still have my original disks. :)

      And the Bards Tale Construction Set. :)

      You can actualy (I believe. . . .) still buy Bards Tale for the PC on at least one CD-ROM RPG classics distribution pack.

  79. I second this, and I WROTE the parent post! by kitts · · Score: 1

    Sob.

    I suppose it really is karma if it shows up when you least expect it.

    --
    -------------------------------------------------- ----
    charlton heston is more of a man than yo
  80. read the article and the posts there by MemeRot · · Score: 2

    It's not about using code. And it's not about giving away source code, just removing copyright protection. Briefly, if word processor company x went out of business and removed copyright protection from their program, anybody could then use it for no cost - nothing to prevent people copying it and giving it away. So that word processor company y would have a smaller group of people to sell to and their business would suffer. The assumption being of course that we should give a rat's ass about a soulless multi-nat or naive start-up. Which I don't, so the argument carries no weight with me.

    1. Re:read the article and the posts there by merlin_jim · · Score: 2

      Thanks for the explanation... personally, I'm with you. I strongly feel that if you want to give software away free, well that's your business. It's part of a capatalist economy that you should be able to do whatever you want; if your competitors want to charge money for their product, then they can innovate. Unless the product just isn't worth paying money for, in which case they're doomed anyways...

      --
      I am disrespectful to dirt! Can you see that I am serious?!
  81. YES! by MemeRot · · Score: 2

    I owned Bard's Tale on my old Amiga. Don't have the Amiga any more, can't buy the game for the PC. Now I could copy it from any of a dozen abandonware sites and nobody would come after me, but I would be doing something that's technically illegal. Things that should be permissible and whose sanctions are not enforced shouldn't be illegal. It's illegal to have oral sex in Virginia. That law and copyright protection for abandonware have equal (that is zero) moral weight. Now I've never let these silly laws get in my way, but it annoys the heck out of me that just living my life, harming nobody, marks me as a criminal.

    And the earlier posts about Frogger and Pac-Man - offbase there. You could remove copyright restrictions on the games, but still retain your registered trademark so that nobody else can make Frogger 2002, but people can play their childhood favorite for free.

  82. Bidding wars for obsolete code by Anonymous Coward · · Score: 0

    But what would REALLY happen if this idea of releasing source code of dead products becomes normal is:

    Big company (say Survivor Inc) has a competitor (Titsup Ltd) who goes under.. If Titsup had a reasonably good product, Survivor is simply going to offer Titsup a whole lot of money for their source code, and sit on it forever. Titsup is bankrupt and needs to pay creditors. Their trustees won't let Titsup be morally superior and deny the sale of their source.

  83. What about creditors' rights? by kennykb · · Score: 1

    All the comments that I've read here so far discuss the rights of the consumers, of the engineers, and of broader society. One set of parties that they appear to overlook is the creditors of a failed corporation. When a corporation enters receivership, its assets - including its intellectual property - are allocated for the benefit of its creditors. The idea is that those to whom the corporation owes money should be able to recover what they can from those assets. If they so choose, they have a perfect right to try to remarket the intellectual property, or to sell the rights to the highest bidder. I think that right must be preserved; as many have pointed out, the company's failure may have had little to do with the quality of the software. The problem arises only if the receivers see no value in the intellectual property and choose to abandon it. I'd see this, though, as irresponsible behavior on the part of the receivers. If they cavalierly put the corporation's physical assets out with the trash, they'd certainly be found negligent in their duty to the creditors! Instead, require them to put it on the auction block, with a reserve price high enough to pay for the effort of transferring it to the buyer. Let it go to the highest bidder - which could be a users' consortium or another software house. Of course, this scheme will run the risk that the high bidder will be the chief competitor of the failed company. To some extent, that's business -- they at least have to pay enough to outbid the rest of the community. If this idea turns you off viscerally, think of it as getting some extra money to protect the engineers whose paychecks have bounced.

  84. Other Applications for Conversion of Closed Source by phloda · · Score: 1
    There is a lot of application for this outside of the sphere of pure abandonware. For example, AOL bought a company and then released the source to what became AOLServer, a nice and open-source http daemon with builtin TCL support (see SourceForge).

    There has been much discussion of Free Software in the vein of cottage industry or startups versus large/mature organizations (see D. Winer for example), however, the most interesting examples of broadly deployed Open Source and Free Software are large companies leveraging that against other big co's. (see Apple, IBM, AOL).

    What's going to get early Aldus PageMaker code out of Adobe? Money. What's going to keep the developers who'll turn it into a simple Linux page layout app? Money. Who can do that? It'll take some larger organization who isn't interested in the distraction of remarketing software and has much to gain by the broad deployment of that software.

  85. The real road block: third-party contributions by nickm · · Score: 1

    Unfortunately, more often than not these software companies entered into entangling agreements with contractors or companies to provide missing pieces of their program. These pieces are often intermeshed so wildly that it's nearly impossible to extract them.

    I've been told that Microsoft Word has a complete copy of WordStar somewhere in the build tree, and they never bothered to untangle it for fear of all the work that implied. I suspect it's so wrapped up in class interfaces that nobody notices.

    So the copyright holders on your abandoned proprietary software, like the open source developer who has incorporated lots of large third-party patches, probably doesn't have the right to re-license the program.

    --

    --
    I noticed

    It's getting about time to leave everywhere

  86. Re:Failure of copyright to establish a public doma by Anonymous Coward · · Score: 0

    Bravo, it doesn't get said any better than that.

  87. Re:Obligation? Not really. by frank_adrian314159 · · Score: 2
    While protecting competitors shouldn't be our business, neither should destroying other businesses.

    With all due respect, if an actively developed, marketed, and supported product cannot withstand the horrific onslaught of an unsupported, unmarketed competitor that didn't succeed in the market in the first place, I doubt that even protection could help it or its manufacturer.

    --
    That is all.
  88. About your sig by Anonymous Coward · · Score: 0
    Just remember: if you abolish copyright law, the GPL won't be legal.
    Sigh. If you had an ounce of brains you would realize that if there was no copyright law, there would be no need for the GPL!

    You're just fucking brilliant.

    Twit
    1. Re:About your sig by AME · · Score: 2
      if there was no copyright law, there would be no need for the GPL

      What is it about lack of copyright, exactly, that causes people to behave the way the GPL would have them?

      You, sir/madam, are the ignorant one.

      --
      "I have a good idea why it's hard to verify programs. They're usually wrong." --Manuel Blum, FOCS 94
  89. Obligation, my foot by tmark · · Score: 2

    I reject the notion that as a creator of code, I have an obligation to release this to the public if it becomes obsolete. It may be generous, it may be a good thing to do, but the proposition that I am obligated to do so is ludicrous.

    And frankly, I find Tim O'Reilly's constant railing on the open source issue to be quite hypocritical. Almost all his books, it seems are under a license which would be roundly discredited if they were code, and I doubt that all his older books are all available for free. If O'Reilly believes so strongly in openness, why not release electronic copies of ALL his books, under a GPL-style license ? What makes book publishing so fundamentally different than publishing software ? Is it that he is making a pretty penny selling books to the crowd that is producing and studying this open source code ?

    1. Re:Obligation, my foot by The+Real+Audi · · Score: 1

      Tmark, I'd never suggest that anyone has any obligation to release any information (including code) to anybody. However, the idea of the government enforcing your right to be the only one allowed to 'use' your code makes me sick.

  90. Why does Glass resort to caps?? by abe+ferlman · · Score: 3, Interesting

    Suddenly, the market climate changes dramatically. A product similar to mine is available to consumers for free! Ironically, the failure of my competitor is likely to kill my company, too -- EVEN IF MY PRODUCT IS SUPERIOR.

    I'm surprised that Brett's caps didn't trigger the lameness filter (I don't know if it will as I'm typing this.) Anyway, the reason he types in all caps is that he wants you to consider his conclusion rather than the logical conclusion of his argument. He implies that the best products will be less popular, hence reducing the quality of software in general. That's not correct. The correct conclusion is:

    Now:
    Firms charge users the value their software adds.

    Recycle-world:
    firms charge users the difference in value created between their product and the best free alternatives.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  91. Dr Who episodes DELIBERATELY destroyed by Anonymous Coward · · Score: 0

    In order to find space for other BBC productions.

  92. Best reason: Ego Dents by heikkile · · Score: 2
    Many companies , especially smaller ones have issues releasing their code even after their demise because of Ego issues, yes Ego, they write stuuf and will sell it , and some of it is a lame horrid hack.

    Wonderful! Imagine what it would do the programmers if they knew that in some years, maybe three, maybe seven, their code would be posted for anyone to read. Imagine a programmer explaining to a manager that the code he's written may solve the problem today, but he won't have his name going public with it, because frankly, it sucks, and given another week, he'll write a much neater implementation of the same algorithm...

    Imagine if a company had a clause releasing all their software under GPL in case of bankruptcy or takeover (keeping the copyright and honouring all existing license agreements, of course). Great guarantee for customers, and a bit of extra stability for the company.

    If I had to buy mission-critical software, I would love to have such conditions in the agreement. Wouldn't you?

    --

    In Murphy We Turst

  93. What sort of free? by kimihia · · Score: 2

    all just to make a few people happy that they could now freely get an old DOS game

    I have to argue with you on this point. When the source code is available it does not make the game free. Available source code lets you learn from other people's programming techniques.

    See with the release of the Quake 2 source. Nowhere does it say "Free copy of Quake 2!". It instead is an invitation for you to look at something done by an excellent and renown bunch of developers who continually push the edge on what you can pump through a graphics card.

    You still have to buy Quake 2 if you want the maps, sounds, and textures.

    All you gain is the ability to see what was going on inside that AI's head or that translucency routine.

  94. Re:What about [NewDeal]. by lahosken · · Score: 1

    I heard that New Deal went out of business. I believe it; the web site sure hasn't changed in a long time.

  95. Home fucking is killing prostitution by Anonymous Coward · · Score: 0

    Yes. The Music "industry" fascists had their own phrase: "home taping is killing music". What it was killing was their controlled access to exposure to music. People were swapping tapes thereby bypassing playlist wank.

    This gave rise to the slogan "home fucking is killing prostitution".

    I'm not anti music, I'm a record producer by day. That's why I'm anti record industry. Artists/producers get 75 pence from a product retailing for 13-18 quid. And that's for songwriting arrangement, rehearsal, gigging in every toilet in the country over the last 2 years. And what do they do with this cash, Snort it. That's why I use my expertise on Open Source projects. Why should I work to protect a system that exploits me. The US boosters wouldn't like that... sounds dangerously socialist, maybe TERRORIST to point that out.

    Lucius Sour

  96. moral rights of the author, and books vs software by bcrowell · · Score: 2
    I'm going to disagree with your post by way of agreeing with it ;-) You make it sound like no programmer has any reason to fear having his code made public unless it shows a lack of craftsmanship. Really, the issue is bigger than that. Authors have certain moral rights concerning their creations. Since O'Reilly is coming at it from book publishing, let's think of it from that angle. Publishers don't publish things their authors didn't offer for publication. They don't assign a second-rate hack to finish an incomplete book by a well-known author, and then put it out under the original author's name without his permission. They don't try to change the legal status of the book without the author's permission.

    O'Reilly is exceptional because they're closely affiliated with free information and open source software, so a lot of their authors are willing to let their books pass into free electronic distribution. Sorry, but that isn't what most writers want, and it isn't what most programmers want, either. Book contracts typically have clauses saying that if the book goes out of print, the rights go back to the author, who can then try to sell it to another publisher, self-publish it, give it away on the web, or transcribe it in crayon on toilet paper as a kind of performance art. Authors in general are very interested in getting their rights back in this situation.

    What gives people the idea that they deserve to have their free information presented to them on a platter? Should Britney Spears be forced to produce music so that every antisocial college student in the world can download it for free? Why should commercial software companies be expected to give away their source code? We've all heard the Eric Raymond propaganda about how open source is such a superior method of development, destined to rule the planet, etc. If so, then why does the free information movement need a free handout? Open source software has a few huge success stories to brag about, e.g. Apache and Perl. But if the open-source movement doesn't do as well in other categories, it doesn't have a god-given right to be subsidized.

  97. My reply to O'Reilly by Bob_Robertson · · Score: 2

    Mr. O'Reilly,

    I would like to post a comment to your discussion of "The Obligation To Recycle", but the links to "must be a member" and "comment..." both lead me to "Bad username/password combination" with no way to say, "Of course it's bad, where do I sign up?"

    Comment: I believe the real fault has been in the abusive extension of "copyright" enforcement beyond any rational meaning of "limited time". If copyright were given the same weight as patent, 7 years, such problems as the Lotus Improv one addressed in your article would be moot. If intellectual efforts after 7 years moved into the public domain just like physical efforts, we would all benefit.

    Especially in computer terms, software more than 7 years old (dare I say two years?) is not something anyone is going to make a profit by keeping closed.

    Releasing under GPL has a further problem: Later products from the same company may very well re-use code, so placing the earlier product under the GPL would backstab the later products. I have no wish to hinder people who want to sell closed source software if they so choose.

    For centuries "we" have had the public domain for ideas that have run their commercial course. It is time that the extreme efforts of the entertainment lobby that has corrupted copyright, and destroyed the idea of the benefits of public domain, be rolled back.

    Yes, Disney would loose their enforcement of a character invented early in the last century. But I would finally be able to put three black circles together any way I wanted to without asking anyone's permission for the first time in my life.

    Bob-

    --
    The Ludwig von Mises Institute. The reasoning individuals economics
  98. Viral GPL by Bob_Robertson · · Score: 1

    One point: If someone whos business depends on closed source software were to GPL their earlier and no-longer-supported program, they endanger their own re-use of that code in their new software.

    So if Microsoft released Win95 under GPL merely because it's no longer supported, any code they re-used from Win95 may very well also then fall under the GPL. Looking at Win2K and XP, not to mention 98, that could be a lot of code.

    I've read the GPL, and that seems obvious to me. Does anyone else see an "out" for works derived prior to the application of the GPL on a specific code?

    Personally, I'd prefer just releasing it as Public Domain, exactly like would happen if the patent/copyright were to expire.

    Bob-

    --
    The Ludwig von Mises Institute. The reasoning individuals economics
    1. Re:Viral GPL by Corgha · · Score: 2
      One point: If someone whos business depends on closed source software were to GPL their earlier and no-longer-supported program, they endanger their own re-use of that code in their new software.

      That is an absurd statement, for several reasons.
      1. Anything the company or anyone else did with the code prior to its release under the GPL is completely unaffected (in licensing terms) by its subsequent release under the GPL. The GPL is not retroactive.
      2. The company still "owns" the code and can do whatever they want to with it (except revoke perpetual licenses that they have already granted).
      3. The company can license the code to a third party under any license they want, if they so choose.
    2. Re:Viral GPL by Corgha · · Score: 2

      argh... hit "submit" instead of "preview" (no caffeine yet today)... to continue:

      What you seem to have missed about the GPL is that it is a license, not a law. That is, it is an agreement between the licensor and the licensee. It affects only what the licensee can do with the licensor's code in the future.

      There is nothing about the GPL that prevents the company from turning around and licensing the code they wrote to someone else (or themselves) under a different, closed-source license.

      What they can not do is take someone else's new, GPL-ed contributions to their now GPL-ed code and re-license them to someone else. Why? Because those independent contributions are not their code. That's one of the beautiful things about the GPL. I am unlikely to spend my own time debugging and fixing a program for a company if that company is going to turn around and try to sell my own code back to me. If they're not GPL'ed they can write their own damn code.

      GPL-ing one's code, then, can (if one wishes to think of it this way) represent a sort of code fork, after which point the open- and closed- versions of the code assume lives of their own. However, in practice, since we're talking about supposedly-obsolete code, there would be little reason for any consumer to buy the closed-source version, unless the company later made modifications to it to make it more attractive than the GPL-ed version, like Tripwire has done.

      To answer your question more specifically, Microsoft could GPL Win95 and continue to sell WinXP as a closed-source product. They could not take someone else's GPL-ed modified version of the GPL-ed Win95 and apply the changes therein to the closed WinXP (unless they made specific arrangements to re-license the code of the modifications from their author or authors), but if they didn't GPL Win95, there would be no such patch in the first place, so that's not really something to complain about. In fact, Microsoft could GPL WinXP and continue to sell and develop WinXP under a close-source license, though it is questionable whether anyone would buy it.

      One reason for a company not to make their software public domain or BSD-licensed is that it might allow a competitor to start selling a modified version of the software and put them out of business (or, in Microsoft's case, force them to acquire the competitor). That's that advantage of the GPL again -- it prevents people from running off with your code and trying to sell it back to you.

      Finally, let me direct you to this portion of the GPL FAQ, which also addresses these issues.

      Don't believe the FUD.

    3. Re:Viral GPL by Bob_Robertson · · Score: 1

      Excellent, that is exactly the twist of logic I was looking for.

      Contrary to many pundants, I enjoy being shown how my speculation is wrong. I didn't like the concept, and I am thrilled that it's a false conclusion.

      So there truly is no reason not to GPL old and unsupported software.

      Bob-

      --
      The Ludwig von Mises Institute. The reasoning individuals economics
  99. Couldn't have said it better myself. by Bob_Robertson · · Score: 2

    Actually, I have said the same thing several times. Just not as well.

    Bravo, JMS. Bravicimo! Omedito! Salud!

    Bob-

    --
    The Ludwig von Mises Institute. The reasoning individuals economics
  100. Let me get this straight by Dr.+Awktagon · · Score: 2

    About the Glass comment.. he says that a cheaper product will hurt a successful company charging more? Is that right? He doesn't believe in competition and free markets? What is he, some kind of... Communist?

    I guess he's like the folks who want to make sure cheap alternative fuel sources never make it to market, so the oil companies can stay rich.

    Never mind the fact that there are plenty of examples of similar products where the more expensive version is still more popular. From music, to software, to automobiles.

    And the anti-GPL comment is meaningless. I suppose if I looked at Microsoft Windows source code with a Microsoft representative nearby, and then released something vaguely similar, I'd be okay? No, I'd get one hell of a "poison pill" from Redmond.

    It sounds like half-completed thoughts. Kinda like when distributors of copyrighted works complain about how they won't be able to afford distribution if the public can copy their work for free... not realizing that they don't NEED to distribute it themselves any more.

  101. Brett Glass - MICROSOFT "Grass Roots" TROLL by andrewski · · Score: 1

    It's obvious. Slashdot should implement another option on the button list for people like him.

  102. bard's tale by MemeRot · · Score: 2

    I had an amiga then... original disks don't help me now. Hm, still available huh? I'll try to hunt it up.

    1. Re:bard's tale by Com2Kid · · Score: 1

      www.ebay.com buy an Amiga. :)

      Or

      http://www.oldskool.org/disk2fdi/

      :)

      With a second PC disk drive you can (apparently) read your Amiga disks on your PC and create an Image file from them which can then be loaded into an Amiga emulator (http://www.zophar.net/amiga.html)

  103. GEOS by legojenn · · Score: 1

    I remember GEOS. I had it for my C64. I didn't realise it existed for the PC.

    --
    I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
  104. It's worth the risk to ego.. by MikeFM · · Score: 1

    I'll agree with you on this. I'm always very nervous about releasing code to the public eye as you put a lot on the line by doing so. Everyone can see you and judge you without exposing their own skills to anyones judgement. However this drives me to do a much better job. I make more effort to make sure my code is easy to understand, resuable, maintainable, well documented, and stable. Far more effort than I'd go through if I wasn't letting others see what I'd been doing. There is a sort of a high when you release some code and people download it, ask questions, use it, like it, etc. For every negative comment there are usually 100's of positive comments (assuming you made the extra effort) so I think most people that release their code once keep releasing. Even if your code sucks people will still likely use it and they'll be nice enough to fix it and send you the patches. :)

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  105. Orphaned or Abandonware drivers! by MikeFM · · Score: 1

    I think companies should be required to release drivers source after so many years. I have a cheap scanner I bought like 4 years ago, best I've ever owned including expensive ones, and it won't work under either Linux or current Windows OS's and the company went out of business. Over the years it seems there is always one or two such devices I'm having to replace and it really irks me to be throwing perfectly good devices in landfills.

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  106. Doesn't cost much.. by MikeFM · · Score: 1

    Two suggestions.. first off don't put crap comments in your code and do a good job the first time.

    Second recruit a small group of opensource developers, that you'll be handing the project over to, and ask them to carefully clean the code of anything such as these problems before they make the first release to the public.

    This would be sort of like getting someone to clean your house if your letting them have a part in it. :)

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  107. the amiga's still running... by MemeRot · · Score: 2

    ... in my parent's basement :)
    Actually my disks for that game got corrupted in the weirdest way... the power supply kept going out so the machine would crash randomly and I was playing Bard's Tale pretty much all the time. So in the constant crashes something got corrupted and some of the classes stopped getting their special abilities. My hunter's couldn't critical hit. Weird...

    1. Re:the amiga's still running... by Com2Kid · · Score: 1

      That _IS_ bizzare, LOL!

      You can buy Bards Tale for a crud load of plateforms though, I believe that the SNES or NES even has it, heh.

      I have Bards Tale 1 and a solution manual that is written In Charecter (woh! Freaky, hehe) for Bards Tale 3. I also have the Bards Tale Construction Set. :)

      I also know of some places where you can get the game online, since you already own a copy I do not think that it'd be too moraly pressing for you to download an Amiga image of the game and play it with an emulator. E-mail me for information (I am hesitent to post a link to a site with psuedo-legal software on a public forum like /. :) )