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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.)""

118 of 312 comments (clear)

  1. 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 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.

    2. 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.

    3. 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."
    4. 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.

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

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

    6. 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!
    7. 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.
    8. 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.

    9. 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?

    10. 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."
    11. 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."
    12. 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.

    13. 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.

    14. 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.
    15. 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!
    16. 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
    17. 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.
    18. Re:Silly counter-argument by rfsayre · · Score: 2

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

    19. 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.

  2. 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 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?

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

      Well there is Windows and Linux.

      There is *n*x and Linux.

    3. 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
  3. 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?

  4. 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 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.

    2. 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
  5. 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 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

    3. 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
    4. 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.
    5. 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)

    6. 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.
    7. 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...

    8. 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.
    9. 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.... :-)

    10. 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"

    11. 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.
    12. 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!
    13. 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!
    14. 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. :)

    15. 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.

  6. 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 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?!
  7. 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 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.

    2. 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.

    3. 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.

  8. 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 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."
    2. 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.
    3. 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)
    4. 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.

    5. 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.

  9. 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.

  10. 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...
  11. 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
  12. 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.

  13. 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?

  14. 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.

  15. 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//

  16. 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.

  17. 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.
  18. 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.

  19. 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.

  20. 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

  21. 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

  22. 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.)

  23. 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.

  24. 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........
  25. 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!
  26. What about out of print books? by guerby · · Score: 2, Insightful

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

  27. 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.

  28. 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

  29. 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.
  30. 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.

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

    Opera?

  32. 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! :)

  33. 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!
  34. 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
  35. 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.

  36. 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.
  37. 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
  38. 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
  39. 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

  40. 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.

  41. *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
  42. 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.
  43. 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.

  44. 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...

  45. 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...

  46. 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.

  47. 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....

  48. 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?!
  49. 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.

  50. 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.
  51. 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 ?

  52. 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...
  53. 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

  54. 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
  55. 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.

  56. 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.

  57. 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
  58. 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
  59. 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.

  60. 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.
  61. 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.

  62. 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.

  63. 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...