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Did MS Lobbying Stop NSA Work On SELinux?

inquisitive points to this CNET story on how George Wash Univ. may help Linux gain certification under the Common Criteria, certification required for software to be used in some sensitive government roles. In the same story, though, is an interesting quote from another effort at bringing GPL'd software to the public sector: "'We didn't fully understand the consequences of releasing software under the GPL (General Public License),' said Dick Schafer, deputy director of the NSA. 'We received a lot of loud complaints regarding our efforts with SE Linux.'" Sources familiar with events said that aggressive Microsoft lobbying efforts have contributed to a halt on any further work. 'Microsoft was worried that the NSA's releasing open-source software would compete with American proprietary software,' said a source familiar with the complaints against the NSA who asked not to be identified."

222 of 549 comments (clear)

  1. It's a new concept... by Demon-Xanth · · Score: 5, Insightful

    ...called competition.
    'Microsoft was worried that the NSA's releasing open- source software would compete with American proprietary software,'

    Apparantly MS is worried that it'll catch on.

    --
    If you think education is expensive, you should try ignorance -- Derek Bok, president of Harvard
    1. Re:It's a new concept... by paladin_tom · · Score: 5, Insightful

      The issue here that made the U.S. government listen is that the "open-source software would compete with American proprietary software." The article states clearly that "Many complaints criticized the agency for providing the fruits of research to everyone, not just U.S. companies, and thus hurting American business."

      This is another example of American government's actions being fuelled by a desire to help American businesses to the detriment of individual freedom, similar to the DCMA.

      --
      #define sig "Every social system runs on the people's belief in it."
    2. Re:It's a new concept... by Slak · · Score: 2

      Yes, but wouldn't it only compete against a *secure* operating system, like those bastard loonies who work on OpenBSD ;)

      Cheers,
      Slak

    3. Re:It's a new concept... by Skyshadow · · Score: 2, Insightful
      This is another example of American government's actions being fuelled by a desire to help American businesses to the detriment of individual freedom, similar to the DCMA.

      Wow, that's wildly inaccurate. I mean, you're astoundingly off-base.

      You're just as free to sit down and work on a patch for the Linux kernal today as you were yesterday; the only difference right now is that the NSA has decided not to work on it with you.

      When you think about it, the government's only real job is to defend the rights and freedoms of its citizens. Among those freedoms, at least here in America, is the right to start a business and engage in free enterprise. Therefore, when the government interferes with free enterprise, it's interfering with the rights of its citizens.

      You can't have it both ways. The same laws that protect Microsoft's ability to sell software protect your right to give it away.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    4. Re:It's a new concept... by paladin_tom · · Score: 2, Interesting

      Wow, that's wildly inaccurate. I mean, you're astoundingly off-base.

      You've got a point, there. I just meant that the U.S. gov't is partial to the needs of business, and doesn't really care about free software.

      When you think about it, the government's only real job is to defend the rights and freedoms of its citizens.

      So, you're saying that governments build roads to protect the mobility rights of citizens, for example? I think governments' jobs go much broader than that.

      Among those freedoms, at least here in America, is the right to start a business and engage in free enterprise.

      But rights must be balenced. If I may play the devil's advocate, one of the ideological underpinnings of the Free Software movement is that one's right to make money is less important than everyone's right to improve software, and your responsibility to help others.

      The same laws that protect Microsoft's ability to sell software protect your right to give it away.

      Well, the U.S. government does place restrictions on one's right to give software away (in the case of strong cryptography). Hence OpenBSD is based in Canada.

      --
      #define sig "Every social system runs on the people's belief in it."
    5. Re:It's a new concept... by startled · · Score: 3, Insightful

      He's not as off-base as you think. Why do we want free enterprise? Why do we want people to start businesses? For economic progress, of course. We all want to be richer and better off, to get better health care, to have enough to eat, and so on.

      If the government takes my money and makes something really useful with it, which provides more economic benefit to the country: giving it away so everyone can build on it and be more technologically advanced; or hiding it away so no one else can use it, and someone has to waste time building it a second time?

    6. Re:It's a new concept... by Jeremiah+Cornelius · · Score: 3, Insightful
      These technology issues are not separate from any other social, political or economic threat posed to a democratic society. The issues and subject matter are sometimes daunting in complexity, and obtuse in their argument.
      This means that they are difficult to comprehend and absorb for people not conversant in the technology itself.

      That is a real danger.

      It is dangerous not to understand what is happening here on an international scale.

      In terms of censorship, social control and the relegation of individual populations to a second-class of citizenship, technology issues like this will have a more direct effect than tariffs or export laws.

      What you are allowed read in books and watch on TV will be subject to its profit potential for large corporations. Read that again. Anything else will be Samizdat .

      This will be enforced through agreements and laws like DMCA, UCITA, and the proposed SSSCA and CBDTP. Less is known by even informed people about these laws, than say -NAFTA.

      Why? Because at a cursory glance, the subject matter is dismissed as being too technical, or "just something about TV."

      When second-hand bookshops are being closed - for being unable to meet the minimum payments on 'royalties for redistribution of intellectual property,' everyone will wonder what happened. It started with Internet Audio Broadcasters. You think this is far-fetched, or satirical? Go ask SOMA-FM

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    7. Re:It's a new concept... by mobiGeek · · Score: 2
      like those bastard loonies who work on OpenBSD

      I'm sure its not just Canadians working on OpenBSD...

      --

      ...Beware the IDEs of Microsoft...

    8. Re:It's a new concept... by flacco · · Score: 2

      alas, what's the world coming to when you can't call someone a toadie apologist scumbag during the course of polite conversation.

      --
      pr0n - keeping monitor glass spotless since 1981.
    9. Re:It's a new concept... by mpe · · Score: 2

      If the government takes my money and makes something really useful with it, which provides more economic benefit to the country: giving it away so everyone can build on it and be more technologically advanced; or hiding it away so no one else can use it, and someone has to waste time building it a second time?

      In this case we have someone saying "you can't create something potentially useful and valuable, because it might break our business model". When it isn't the job of government to protect the business models of private commercial entities in the first place.
      Creating "something really useful", like an improved technology frequently bankrupts businesses who cling to old business models. Whilst at the same time improving the profitability of existing business which embraces the new and new business.

  2. Government competition by alen · · Score: 3, Insightful

    If the NSA software would compete with MS, then the government has no business releasing it. Government isn't there to compete with private industry. It's unfair, especially considering the fact that the government can subsidize any projects with tax money that comes from it's competitors.

    1. Re:Government competition by reaper20 · · Score: 2

      That's just ignorant - do you know how many things the US Goverment currently subsidizes?

      You're right, the government isn't there to compete with industry - it's here to run the country, and it's obvious that SELinux filled a necessary need, otherwise the government wouldn't have needed to subsidize it. Obviously the government felt that there was a need for a more secure operating system.

    2. Re: Government competition by Black+Parrot · · Score: 2, Insightful


      > It's unfair, especially considering the fact that the government can subsidize any projects with tax money that comes from it's competitors.

      In that case we know Microsoft won't be complaining.

      No taxes; no dividends; sweet deal for Gates and his buddies.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:Government competition by fatboy · · Score: 2, Interesting

      If the NSA software would compete with MS, then the government has no business releasing it. Government isn't there to compete with private industry. It's unfair, especially considering the fact that the government can subsidize any projects with tax money that comes from it's competitors.

      Mmm, but it's ok to use a Government funded (BSD) TCP/IP stack in the MS Operating Systems right?

      The point is that SE-Linux is free for Microsoft or anyone else to use. It did not compete with Windows, it's a Unix.

      --
      --fatboy
    4. Re:Government competition by EvilTwinSkippy · · Score: 5, Insightful
      I refute your statement thus:

      First - there is no product from Microsoft that is in direct competition. There will be no product for the forseeable future.

      Second - The NSA would require the source code for whatever system in deploys. It would have to component test all of the subsystems, and ensure that no new bugs are introduced with new features. This flies in the face of the Upgrade Early, Upgrade Often mentalility an M$. (NASA users 486's in the space program, not to be cheap, but because they are a known quantity.)

      Third - What the government produces, all competitors share equally. What microsoft produces, it keeps to itself.

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    5. Re:Government competition by alen · · Score: 2

      If you haven't realized it, the USPS has been around since the 1800's. Fedex and UPS since the 70's I believe. UPS only went public in 1999. Only trouble with getting rid of the post office is deciding who takes care of residential mail which no one wants because of the cost involved.

      Private schools are another example, but education was basically nationalized in the last century. Only private schools are religious ones and those who cater to the wealthier people in society.

    6. Re:Government competition by flatrock · · Score: 2

      If SELinux fills a necessary need then the covernment contractors and vendors who are selling systems using it to meet the goverment's needs should pay for it's development and certification. The NSA should not be subsidizing the development of a secure version of Linux. It should be able to compete on it's own merits.

      If the NSA is working with others to improve Linux and get it certified to the extent that they do with other OSs, then I think the NSA is doing their job.

      If they are putting in a significant effort beyond what they would do for other OSs, and actually releasing code they developed under a license that restricts it's use by other american companies for reasons other than security, then they are out of line.

      Vendors for other OSs spend millions of dollars developing secure versions of their OS and getting them certified. Linux shouldn't get a free ride.

    7. Re:Government competition by salimma · · Score: 3, Informative
      Large companies like Microsoft do *not*
      pay much in tax.

      Government projects are paid for by taxpayers, mostly individuals and small-to-medium sized companies, and it would be in their interest to have an alternative to Microsoft.

      Look at it this way, with their monopoly Microsoft is about the only entity that can reliably squeeze money out of large corporations.

      My 2 cents,

      --
      Michel
      Fedora Project Contribut
    8. Re:Government competition by Ian+Bicking · · Score: 2
      If the NSA software would compete with MS, then the government has no business releasing it.
      Quite the contrary -- if the NSA or any government agency is producing software that, at no extra cost to them, could benefit the public, then it has no business keeping it to themselves.

      On your argument, municipalities should not be selling water (at dirt-cheap prices too) when there's private companies selling the same product. Should Danon demand that everyone buy water in bottles, rather than having it subsidized by the state?

      The metaphor continues when you realize that the government actually can give water away for very little, and that bottled water companies are manipulative -- selling the same product for a higher price, and introducing innumberable inefficiencies in the process. So it is with SELinux -- MS wants to sell something inferior, inefficient, and overpriced. That's not the free market, it's just another company that wants to drag down the entire nation so it can make a few bucks. I'm sorry, but the advancement of the People of the United States trumps any corporate, profit-motivated interest.

    9. Re:Government competition by sean23007 · · Score: 2

      # Third - What the government produces, all competitors share equally. What microsoft produces, it keeps to itself.

      If everyone were really allowed to use it equally, the government should be required to use something more along the lines of the BSD license, rather than the GPL, because Microsoft simply can't use code that's under the GPL (they'd have to release all their code), but they can use source that's under the BSD license (TCP/IP...). If the NSA produces a linux distro that's under the GPL, they are not allowing all competitors to share equally. If they released it under the BSD license, they would.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    10. Re:Government competition by Amazing+Quantum+Man · · Score: 2

      The USPS has been around since the late 1700s.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    11. Re:Government competition by neo · · Score: 2

      And if I wanted to build roads and charge people to ride on them... should the government stop building roads?

      Obviously not. SELinux should be a secure *infrastructure* system and the Government has every right to make secure infrastructures.

    12. Re:Government competition by mpe · · Score: 2

      The NSA would require the source code for whatever system in deploys. It would have to component test all of the subsystems, and ensure that no new bugs are introduced with new features. This flies in the face of the Upgrade Early, Upgrade Often mentalility an M$.

      You missed of the "give us money when you upgrade" bit. Can the US taxpayers really be that happy with their taxes going to a rich corporation which practices extensive tax avoidance?

      (NASA users 486's in the space program, not to be cheap, but because they are a known quantity.)

      They'd probably be happier with 386s, if they could get any.

    13. Re:Government competition by flatrock · · Score: 2

      Your use of "Linux", on the other hand, suggests you cannot distinguish a free, public operating system from a single-sourced, proprietary operating system (or, more precisely, from the company that produces it).

      Until Linux is released into the public domain without the GPL I will never consider it a free, public OS. It is free in that there are no direct costs, and it is public in that you can get the source for free and compile it yourself, but it's not completely free or completely public.

      It's a different way of releasing software, but it still has very strong and significant restrictions on it's use. It definatley provides some advantages to both the general puplic and the govenrment. I don't think the NSA should ignore Linux, but I don't think they should give it significant pereferential treatment either. There are numerous commercial companies that gain significant benefit from using Linux in secure applications. Let those companies put forth the effort and the money to get a certified, secure version of Linux. Let Linux compete on equal terms on it's merits. Commercial companies do receive help form the NSA to get their OSs secure, but the efforts of the NSA are very small compared to the efforts from the companies. The companies also pay the NSA to be certified, which offsets the costs of the NSA working of issues with the OS.

      If a secure Linux requires tax payer money to be developed, then it's hardly free. The costs are just being shifted. If Linux requires significantly more help than commercial OSs to be certified, then those companies have every right to complain because their tax money is being used to subsidise the development of their competition.

    14. Re:Government competition by sean23007 · · Score: 2

      Do you have any evidence that MS is actually using your code (or any other GPL'd code, for that matter)? A lot of people accuse them of it, but there seems to be very little evidence of it. And I mean evidence that they are actually using your code, not just your idea. It is legal for them to reverse engineer your functions, as long as the people actually writing their code have not looked at your code.

      Evidence would be nice.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    15. Re:Government competition by Alsee · · Score: 2

      Do you have any evidence that MS is actually using your code (or any other GPL'd code, for that matter)? A lot of people accuse them of it, but there seems to be very little evidence of it.

      You misunderstand, it wasn't an accusation. Microsoft is including GPL software in some of the packages they sell. All perfectly legal and above-board. There is absolutely do restriction against including both GPL and proprietary programs in one box or on one disk. You just can't put GPL source code in a proprietary executable.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    16. Re:Government competition by flatrock · · Score: 2

      Name one such use -- one that does not derive from licensing restrictions placed by someone else on non-GPL'ed code.

      Here is the GPL [gnu.org], point out where it discriminates against corporations, individuals, governments, or anyone else, in terms of their right to use the software, as source code or binaries.


      The GPL has one major restrictions. It requires that all derivative works also be released under the GPL, and that source code for those derivative works be made freely available.

      That discriminates against against anyone who wants to take a public resource, which has been developed at the taxpayer expense, and add value to it through their own efforts, and then sell the finished product in order to support themselves and their development efforts. If their additions to the software have no value, then no one would have any reason to buy thier software, because the baseline work that the government developed would be freely available to everyone if released in the public domain.

      The government and public could see benefits from the use of such proprietary software. If the benefits are greater than the price the developer is charging for their software, then people will buy it, if not, then people won't. The proprietary software isn't getting anything for free that anyone else didn't get.

      What part of "Linux is not an individual or corporation" do you not understand?

      What does it matter? GPLed software doesn't produce direct profits for it's developers. Some comrporations do contribute to GPLed products so that they can make indirect proffits. Individuals and corporations both can benefit from GPLed software. Individuals and corporations can also benefit from proprietary software. Developers can benetfit from getting direct compensation for developing the software. Corporations that develop software can benefit from getting a return on their investment of the development costs of developing the software. Users of proprietary can benefit from proprietary software if it's benefits out weigh the price they are paying for it.
      Both models have benefits. Both models have projects for which they are better suited. Their are also many applications for which either model will work and they can compete against each other. I don't see any need for the govenment to step in and support one over the other. The government should make ther results of it's efforts equally available to both.

      They aren't giving Linux preferential treatment -- they're giving the public preferential treatment! (Or, they were.)

      If Linux happens to be, for whatever combination of reasons, the best public product for the job they have at hand, then there's nothing wrong with them enhancing it instead of, say, OpenBSD -- and vice versa, should they wish to enhance that.


      Those proprietary developers and corporations are also part of the "public". The users of proprietary software that have no problem paying for the software products they need are part of the "public". If the government should be doing things that can't be effectively done by private individuals. When the govenment developes software as part of it's efforts. It should be released into the public domain so that everyone has equal access to it. GPL is not in the best interest of all members of the public in all cases. If the governemnt allows equall access to everyone, the public can then decide what it wants.

      Again, Linux is a free public product, like the C language, or the Ada language, or the FORTRAN language -- in some cases, products that, via trademark especially, have some "onerous restrictions" beyond those of the GPL (like, you can't call something X unless your implementation passes a rigorous test suite).

      C, Ada, and FORTRAN are industry standards created by standards organizations with input from members of the public. THese languages do not put restrictions on how they can be used or how products that are created with them may be distributed. Linux is also created with input from the public, but the GPL places serious restrictions on derivative works.

      It's obviously throwing your brain a curve because, unlike standards, it's an actual free implementation, which post-1980s software kiddies generally can't conceive of in a "Free As In GNU" sense.

      I'll agree that it's different than a standard, because you can simply fork off a version and still call it Linux. I'm not sure what you mean by standards not being free? They don't cost you anything to implement or use. There may be a cost involved with conformance testing, but in most cases that's to prove to others that you conform to the standard. With Linux there's nothing to conform to. They are different, and free in different ways.

      But the government has long been in the "business" of freely enhancing free public implementations of software as well -- implementations that have almost always been competitive with proprietary offerings in their day.

      Linux is just another case of this.


      The govenment has often funded development of software for the public good. However, they have a responsibility to make sure that the public has resonably equal access to that software. The GPL drasticly limits the use of software by commercial developers, and limits the availability of those benefits to the users of commercial software. The GPL does make sure the source code and source to derivative works remains public in a sense. But if prevents people from freely using that code however they choose.

      And if it wasn't for Microsoft wetting its pants over Linux as a competitor, we wouldn't be having this discussion -- it'd be assumed a reasonable thing for government to do. (There might be some mumbling resentment over not picking a *BSD, of course, which gets into technical issues I'm not prepared to address.)

      If Linux wasn't a competitor this would probably be ignored. Support for government funding of the development of GPLed software has long been justified as an excellent educational tool. GPLed software still is an excellent educational tool, and the GPL gaurentees that extensions to that software will continue to be available for that use. There are situations where there is a distinct public need where supporting the development of GPLed software is in the public's best interest. The development of secure OSs is in the public's best interest. But there are many different OSs, and the govenment shouldn't be supporting one type of OS or License over another. If there is a particular project the government is funding where the development of a secure version of Linux meets the project's needs and is cost effective, then I fully support the government funding it. Linux is a valuble tool in many projects. That's very different than the NSA developing a secure Linux and releasing it under the GPL.

      So, the question is this: why are you working as a shill for Microsoft's business interests?

      I'm looking after my own best interests, and what I beleive to be the public's best interests. I like having choices. I Like being able to choose Windows for my home computer I play games on. It does that pretty well, and is easily worth the $100 to $150 I payed for the OS, it would have been less if I'd have bought a computer rather than built it myself.

      I like being able to choose VXWorks or LynxOS for an embedded real-time project. They both have benefits. VxWorks in particular is very expensive and least for the development tools. However, it's simple, stable, and protable between different processor types. This often makes up for it's high cost. We've also embedded Linux in some of our products where I work. It took longer to get some of the bugs worked out of it, but the $0 licensing fees are definately attractive. For products that are going to sell in high volumes it's great. If you're only going to make a couple, I'd rather use VxWorks. For our hardware development we support drivers for Linux, Windows, VxWorks, and Solaris as our standard OSs. We will also port our software to other OSs if there's significant demand for it or the customer is willing to pay for the development costs. Linux tends to be significantly harder than the other four to support. THe OS just changes too much. Each release fixes some bugs, creates a few others, and the bug fixes often require us to remove our workaround to those bugs and thouroughly retest everything. Changing the software and properly retesting everything takes weeks if everything goes well. Different OSs and different development methods have different benefits. The governemnt isn't in a position to be able to evaluate the benefit of one type over another. They should try to make it so their efforts benefit all of them as equally as possible and let the market decide.

    17. Re:Government competition by mpe · · Score: 2

      You misunderstand, it wasn't an accusation. Microsoft is including GPL software in some of the packages they sell.

      Too many people appear to misuderstand. Maybe it's the result of Microsoft's "viral" FUD, maybe something else.

  3. That's scary by EvilTwinSkippy · · Score: 4, Insightful
    Think about it folks.

    We have Microsoft telling the NSA what to do. Shouldn't it be the other way around?

    Or maybe it's one of Bill's minions I hear breathing over the phone line?

    --
    "Learning is not compulsory... neither is survival."
    --Dr.W.Edwards Deming
    1. Re:That's scary by slutdot · · Score: 2

      No. The NSA is a government agency. I certainly don't want them telling me what to do.

    2. Re:That's scary by guttentag · · Score: 4, Interesting
      Or maybe it's one of Bill's minions I hear breathing over the phone line?
      To quote from Sneakers:

      Agent: National Security Agency.
      Martin: Oh, you're the guys I hear breathing on the other end of my phone.
      Agent: No, that's the FBI. We're not chartered for domestic surveillance.
      Martin: Oh, I see. You just overthrow governments; set up friendly dictators.
      Agent: No, that's the CIA. We protect our government's communications. We try to break the other fella's codes. We're the good guys, Marty.
      Martin: Gee, I can't tell you what a relief that is, Dick... You know, I could have joined the NSA, but they found out my parents were married.

      Bear in mind that just because it's illegal for the NSA to spy on Americans doesn't mean they don't. Also, any technology released to commercial entities or the public in America is going to find its way to the rest of the world. Therefore, it is in the interest of the NSA to prevent Microsoft/Linux users/common people from securing their computers (the only computers the NSA is charged with protecting are the government's). However, it would be in the interest of the NSA to lead those groups to believe their computers are "so secure not even the NSA could get into them" when in fact they have easily-exploitable holes.

      Ask yourself this question: why would the NSA release open source security software to the world?

  4. Most Secure Shops... by Verizon+Guy · · Score: 2

    Use AIX or Solaris... so maybe they were wasting their time?

    --

    Aw, fuck it. Let's go bowling. - The Big Lebowski

    1. Re:Most Secure Shops... by SilverThorn · · Score: 2, Informative

      Or HP-UX 10.20 or 11i trusted version. In fact, there is an article in the Information Week magazine about HP now distributing a secure Linux dist that runs on their Itantium servers for some $600.

      -- M

      --
      Artificial intelligence is no match for natural stupidity.
    2. Re:Most Secure Shops... by Salsaman · · Score: 2

      AIX 5L is the first certified system

    3. Re:Most Secure Shops... by Amazing+Quantum+Man · · Score: 2

      Having written for COE, the link has absolutely nothing to do with security.

      Is the DoD's "software plug-n-play" initiative, for lack of better phrasing. And the OS is only a part of that. AIX just got certified for COE 4. I worked on COE 3 systems.

      Security has absolutely nothing to do with COE. And wasn't VMS (either 5.0 or 4.x) certified years ago to Orange Book B1 or B2?

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    4. Re:Most Secure Shops... by Verizon+Guy · · Score: 2

      Remote administration plus the flexibility are a must.

      It is of my opinion that remote admin is a no-no in a secure environment.

      --

      Aw, fuck it. Let's go bowling. - The Big Lebowski

  5. Competition Must Be A Bad Thing Or.... by NormAtHome · · Score: 2, Insightful

    maybe Microsoft has such poor faith in their products that they don't think they can compete against anthing else without a hugh advantage.

    or possibly their products are that bad.

  6. yes.... by teslatug · · Score: 4, Insightful
    'Microsoft was worried that the NSA's releasing open-source software would compete with American proprietary software'
    Wasn't that the whole point? The existing software wasn't secure enough so they had to provide some software that would be.
  7. Microsoft controlling the NSA? by Kakarat · · Score: 2, Insightful
    Many complaints criticized the agency for providing the fruits of research to everyone, not just U.S. companies, and thus hurting American business.

    Translation...Complaints from Microsoft criticized the agency for providing the fruits of research to everyone, not just Microsoft, and thus hurting Microsoft's control over the world.

    Thus...Bill slaps the NSA and says "Don't do that!", and the government quickly complies.

    --
    "I bet I'll get blamed for this." --Mayor Quimby
    1. Re:Microsoft controlling the NSA? by mpe · · Score: 2

      If NSA work is released under the GPL, then non-American businesses can benefit equally from the NSA's work,

      This is different from if they used BSD or made it public domain exactly how?

      even though the NSA receives no tax money from said businesses.

      This argument also applies against Microsoft and quite a few other US corporations.

    2. Re:Microsoft controlling the NSA? by mpe · · Score: 2

      But they had no choice! They *found* Linux licenced under GPL (well, large parts of it) and just added their own stuff. Which thus legally had to be GPLed as well. Alternatively they could have written their own OS from scratch, a *huge* job.

      Also a more expensive job.

      Or built on BSD. Less likely to become ever useful in American society at large, the way Linux looks set to become.

      Unless using BSD would have been much less expensive they would still have been failing to provide best value to the people who actually paid for the work.

  8. If I were a rich man..... by bogie · · Score: 5, Insightful

    It wouldn't surprise me and goes in line with their current effort of "advising" the government on how linux is evil. Remember Corel dropping linux? Yes the linux desktop was a tough market, but really there is no doubt it was a quid pro quo transaction.

    Also what's with MS giving its software away for Free to a different government every week? Its a clear pattern designed to make sure noone can possibly compete. How are they even allowed to do this? I mean its not like they are some cash strapped competitor with no market share looking to get an edge. They are a convicted monopolist who somehow continues to walk between the raindrops and "get away with murder" right out in the open!

    --
    If you wanna get rich, you know that payback is a bitch
    1. Re:If I were a rich man..... by symbolic · · Score: 2

      Also what's with MS giving its software away for Free to a different government every week?

      Think "PR". I suspect that this is nothing more than a loss leader - M$ will make all their money back and more when they start demanding outrageous licensing and support fees down the road.

  9. No. by Axe · · Score: 2
    Shouldn't it be the other way around?

    No. On who pays the fiddler orders the tune..

    Oh, you are saying its the tax payers who pay NSA, not Microsoft shareholders....

    Bah..

    --
    <^>_<(ô ô)>_<^>
    1. Re:No. by FreeUser · · Score: 5, Interesting

      Shouldn't it be the other way around?

      No.


      Correct. The NSA shouldn't be telling anyone what to do. Their mandate is to collect information and provide security advice to other agencies and, where authorized, the private sector. They are not a governing body. Ditto on the last sentence for the FBI, the CIA, and various other black-op agencies running around grabbing people out of their homes in the middle of the night and confiscating their material wealth without due process in the name of the ongoing War on [insert your favorite cause here].

      On who pays the fiddler orders the tune..

      Only partially correct. If we truly believe in democracy and "one person, one vote", then the amount of influence we wield on our government should be proportional to the number of people we represent, not the amount of taxes we pay or, more commonly, the quantity of bribes, relabelled "campaign contributions" we stuff into the pockets of our so-called representatives.

      But, even if it were 100% correct that the amount of taxes we pay should dictate the amoutn of influence we wield on our government, it should be pointed out that Microsoft almost never declares a profit on their tax returns (last year it was a 19 cent/share loss IIRC, as for tax purposes they do report those stock options which, conviniently, don't appear on the SEC filings), so Microsoft actually doesn't pay any taxes at all.

      Given your reasoning, I should have much more influence on the NSA than Microsoft does. Unfortunately, that is not the case and one of the main reasons, perhaps the main reason, that democracy in the United States is falling to pieces.

      --
      The Future of Human Evolution: Autonomy
    2. Re:No. by Subcarrier · · Score: 2, Funny

      If we truly believe in democracy and "one person, one vote"...

      Apparently, Bill is the one person with the vote.

      --
      "I have opinions of my own, strong opinions, but I don't always agree with them." -- George H. W. Bush
    3. Re:No. by mpe · · Score: 2

      Microsoft the corporate entity doesnt pay taxes. There are plenty of tax revenues generated by MS though - property, sales, income, luxury, and whatnot.

      Since they also gain tax money through selling software to government where is the net balance?

  10. Individual Commercial Interests by gerf · · Score: 3, Insightful

    "Our interest is in helping to ensure that the government licenses its research in ways that take into account a stated goal of the U.S. government: to promote commercialization of public research."

    As an American, i see the government to

    • serve protect the people
    above and beyond anything else. I include protector from other Americans, and other American Companies in this. The government was NOT made to serve commercial interests. The U.S. Gov't was made to keep individual freedoms, from the dammed British Stamps.

    I'm simply atonished by how a Company now has more power than an Individual. It was this way in the early 1900s and late 1800s, when de facto slavery of immigrants and whole families in factory towns led to the Union movements. Sadly, Unionization will not work in this day and age, not in these circumstances. Instead, sheer humanity must overcome evils like this, lead by initiatives like Open Source, which give the power back to the Individual, and letting him control his own destiny once more. Thank you programmers and hackers for letting OSS live on.

    FSCK the man!

  11. Microsoft: threat to national security by coyote-san · · Score: 4, Insightful

    I'm not surprised Microsoft lobbied the NSA....

    I'm surprised they listened. Didn't Alchin, senior Microsoft executive, recently testify (in the anti-trust case, IIRC) that Microsoft software is so poorly designed and/or implemented that full disclosure of the API would inevitably result in the death of many Americans? (That is, after all, what "national security" ultimately comes down to.)

    Maybe Microsoft has a point that the NSA's work with SELinux hurts the proprietary software manufacturers, but by Microsoft's own testimony it should be out of the running for all future contracts anyway. I don't care about certification, when a senior exec testifies in court that using his product poses a threat to national security I want the procurement officials to pay attention!

    (On a related note, I WILL be asking the Congressional candidates this election cycle what they plan to do about the Federal software procurement cycle in light of senior Microsoft executives admitting that the quality is so poor that it threatens the national security. Microsoft has made it's values clear - $40 billion in the bank is more important than lives - and I want to make sure that my representatives make our values as a country clear. I don't want to force governments to only use OSS software, but I have no patience for excuses from companies sitting on cash reserves larger than the GDP of many nations!)

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  12. "American"? by Wolfier · · Score: 5, Interesting

    Have anyone noticed this buzzword used by every Microsoft lobbying effort after 9/11 just to trying to give the probably fake impression of Microsoft being "patriotic"?

    Somebody has to wake up.

    1. Re: "American"? by Black+Parrot · · Score: 2, Funny


      > Have anyone noticed this buzzword used by every Microsoft lobbying effort after 9/11 just to trying to give the probably fake impression of Microsoft being "patriotic"?

      Yeah, they're supposedly coming out with Red and White screens of death, too.

      BTW, what you observe is hardly limited to Microsoft. Lots of businesses do it, anlong with almost every politician in the country.

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re:"American"? by marauder404 · · Score: 2, Interesting
      What about this article by RMS on the FSF website: The GNU GPL and the American Way. I know that the article is by RMS, but it reflects the official views of FSF.
      The Free Software Movement was founded in 1984, but its inspiration comes from the ideals of 1776: freedom, community, and voluntary cooperation. This is what leads to free enterprise, to free speech, and to free software.
      Patriotism is something that's been stirred into most Americans lately, and with good reason. An organization frequently reflects the views of the individuals from which it is composed, so don't fault Microsoft for being patriotic unless you're willing to fault the individuals therein.
    3. Re:"American"? by aallan · · Score: 2

      Have anyone noticed this buzzword used by every Microsoft lobbying effort after 9/11 just to trying to give the probably fake impression of Microsoft being "patriotic"?

      Its not exactly going down well in the UK and (the rest of) Europe....

      Have a look at the recent BBC coverage of Microsoft; here, here, here, here and here for instance.

      Compare this with recent Linux coverage; here, here, here, here, here and here.

      Is it just me, or is there a strong pro-Linux, anti-MS bias creeping in there?

      Al.
      --
      The Daily ACK - Eclectic posts by yet another hacker
    4. Re:"American"? by sean23007 · · Score: 2

      Everybody tries to use "American" so they'll seem more "patriotic." Since that day, it works, but it shouldn't. Somebody does have to wake up.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    5. Re:"American"? by mpe · · Score: 2

      From a national point of view, it makes good sense to support open source if you're not in the US. Most of money for MS-ware goes directly in MS pockets, out of the country. If you encourage and use open source, you can stimulate a services-based local industry.

      It would make plenty of sense for many US businesses too. Washington State is hardly "local" for most of the US, including the most highly populated parts. Microsoft's ability at tax avoidance dosn't help here.
      Throwing money at a far away entity is much the same, even if they happen to be in the same country as you...

  13. Ahh New America by kenp2002 · · Score: 2, Troll

    It's good to see that we now live in a nation that fears competition, exhaults mediocrity, and rewards the foolish, corrupt, and wicked. Oh what a brave new world! Soma! Soma For All!

    Welcome to hell.. The United Socialist States of America. I had hoped my kids whould have had the opportunity to grow up on the USA, looks like we lost the war for freedom.

    --
    -=[ Who Is John Galt? ]=-
    1. Re:Ahh New America by ctid · · Score: 2

      How the hell is this "socialist", for God's sake?? This is you, the taxpayer, paying for top quality software to which you would have access indefinitely, because it is GPLed. But now you're going to lose that because a convicted monopolist doesn't want the competition. Wake up and smell the coffee! Microsoft is all over your government like a cheap suit. If you don't do something, they'll be telling you what you can and cannot do instead of just your government.

      --
      Reality is defined by the maddest person in the room
    2. Re:Ahh New America by mvdwege · · Score: 2

      You are absolutely right: this has nothing to do with Socialism.

      On the other hand, you do know what a government consisting of collusion between the State and the Corporations is called? It was invented in Italy in the 1920s by Benito Mussolini and it is properly called Fascism.

      The news coming out of the USA is scaring me more every day.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    3. Re:Ahh New America by justsomebody · · Score: 2

      That just proves your lack of knowledge.

      Which comunist country was ever promoting open standards. No one, comunism in the boks of Marx and Engels should be like that. Real life ain't. That's proven realm of comunism. Comunist party rules, other suffer and pretend they're happy. Either that or penalty.

      Every comunist country I know has far less freedom of speech than some other non-comunist one. There were always strict (and cruel ones) penalties for even talking something against national politics and regime.

      To take that thinking and compare to United States. I guess you're the ones that are moving towards comunism silently.

      Open standard would be out of question believe me.

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    4. Re:Ahh New America by justsomebody · · Score: 2

      Not a troll. But one who experienced wanna-be-comunism. And as it seems we do agree about apple and orange.

      Comunism was a goal, result was something completely different. But the result was still called and common known as comunism. So apple became orange.

      "An honest and Propaganda(TM) Free analysis of Socialism (Communism) does not lead to the ignorant McCarthyism 100% of Americans display."

      Good point actualy. But considering that I was reffering "lack of knowledge" as "not living in country that was wanna-be-comunism". Not reffering to your political knowledge but practical (and only in the knowledge of what comunism is, sorry badly pointed out). Real truth is that comunism regime was never clearly represented outside of that state, because all countries I'm reffering were practicaly closed to outside world. Picture shown to outside world was completely different than reality. You might call that a misguided point of view.

      To explain in a different simpler way. US is practicaly bounding it self with DRM, RIAA.... The ones who get worst of it are common people. That's a comunism from insider, but never comunist. Except that a participant in comunist party always had an advantage in every view. Look at that from another point "Cop never betrays cop". Doesn't that mean that cop can break the laws but avoid the punishment. Same was in comunism, comunist were always more protected by laws. On the other hand, having one company that dictates government as MS. Well, that's just a capitalist way of comunism (try to take this sentence not so hard as is, but as a refferal).

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
  14. Wait a minute... by Idarubicin · · Score: 3, Insightful
    From the article...

    'Microsoft was worried that the NSA's releasing open- source software would compete with American proprietary software,'

    Indeed. We ought not have the government funding university labs, because releasing medical research to the public domain might interfere with pharmaceutical company profits.

    Not everything that's good for General Motors is good for the country, or its people, or its economy.

    --
    ~Idarubicin
    1. Re:Wait a minute... by alext · · Score: 2

      ...whereas in fact the Government provides a significant source of pharmaceutical companies' profits.

      Oft-repeated quote:

      According to the NIH, U.S. taxpayer-funded scientists conducted at least 55 percent of the research projects that led to the discovery and development of the five top-selling drugs in 1995.

      A corollary for the IT industry would therefore be a company like MS paying for the rights to exploit a publicly produced technology - an arrangement that is not necessarily in conflict with the GPL.

  15. So much for non-Microsoft desktops for the DoD by Mastos · · Score: 4, Insightful

    In the Department of Defense, desktops and servers have to go through a NSA lockdown of the operating system before they can go into production. If you wanted to run linux on your desktop, the first question they ask is what does the NSA say about it.

    While there are lockdown procedures for Linux from what I understand, having an NSA secure version of linux would have gone a long way to validating the os from the information assurance people. I hate to be forced to use Winx for _security_ reasons. :(

    Don

    1. Re:So much for non-Microsoft desktops for the DoD by Mastos · · Score: 2, Interesting

      Having previously worked for the computer engineering folks in a branch of the armed forces, I can assure you that any computer on either the NIPRNET (unclass) or SIPRNET (classified) undergoes an NSA security lockdown. True, they are more protective of the class machines, but both still are locked down. Also, the NSA lockdown is a set of procedures involving a ton of reg changes and is quite thorough. In fact, when we were migrating to 2000, I worked with a Microsoft engineer walking through the NSA lockdown and documenting the install procedure for unclass machines.

  16. The end is near and wear a Microsoft logo by Vodak · · Score: 2, Funny

    One day the United States will have a long range rocket or two loaded with WindowsCE and something's going to go wrong. A windows crash will happen.. the rocket will hit the wrong country.. and it'll cause the third world wear.

    And it'll be Bill's fault that only cockroaches and ABIO roam the earth.

    1. Re:The end is near and wear a Microsoft logo by Vodak · · Score: 2

      My spelling is less then gooder =]

  17. Glass houses? by Spackler · · Score: 2

    Should Microsoft be worried about releasing a secure product before ordering around the government? Next thing you know, Bush will come out and say that CEO's shouldn't take out loans from a company to buy stock. They are all a bunch of flamebaiting hypocritical butt-munchers.

    And with that, I release my excellent karma to the winds of change.

  18. NSA should continue working on SE Linux by dh003i · · Score: 3, Interesting

    Many complaints criticized the agency for providing the fruits of research to everyone, not just U.S. companies, and thus hurting American business

    Gee, imagine that -- the fruits of the research that the hard working taxpayers of America paid for is also provided to those very same citizens! Outrageous! It may be true that this research also benefits any other government or company in the world which may choose to use it; but more importantly, it can benefit any US citizen who chooses to implement it.

    aggressive Microsoft lobbying efforts have contributed to a halt on any further work. "Microsoft was worried that the NSA's releasing open-source software would compete with American proprietary software," said a source familiar with the complaints against the NSA who asked not to be identified.

    Gee, imagine that -- the taxpayers get can get free access to the fruits of the research which their tax dollars made possible. Lets not forget, MS can also get access to this research and implement it: either the exact implementation, which would need to be separated (at a hands length) from other components of MS' OS, or the idea and make their own implementation, which they could license under any scheme they wanted.

    Microsoft would not comment directly on its lobbying efforts, but did stress that it wanted to ensure the government continued to fund commercial ventures. "The federal government plays an important ro7le in funding basic software research," said a Microsoft representative. "Our interest is in helping to ensure that the government licenses its research in ways that take into account a stated goal of the U.S. government: to promote commercialization of public research."

    That's interesting. According to MS, the government has an obligation to make taxpayers pay twice for the what their tax-dollars funded. Come on. Research is publicly funded because it can help all of the US, not just corporations like MS. Gee, tough concept there -- everyone pays taxes to support research, thus everyone should benefit from it, not just MS. Again, MS can make use of this research internally, thus benefit, or even put it in their OS at a hands length, or develop their own implementation of it.

    In addition, the Common Criteria process, run jointly by the NSA and the National Institute of Standards and Technology under the National Information Assurance Partnership (NIAP), is better suited to certify proprietary software coming from a single company. It's ill suited to deal with the myriad updates that the open-source community produces on a regular basis.

    Then the solution is rather simple. We create a central organization of Linux volunteers to handle the mriad of updates, and they analyze and review those updates (quality-control), and submit them to the NSA and the NIAP.

    Back to the government development of GPL'ed software. I think that whenever possible, the government should develop using the BSD-type license (actually, I think that the public domain should be redefined to be like the BSD-license, so that credit is always given and that the "source" of the originals are always distributed under that "license"). This is because the BSD-license allows all of the US taxpayers to implement the code in exactly the way they choose, even charge for it or make non-free modifications; but it also preserves the commons aspect of what was created by a public effort. In some cases, it may be necessary to develop under the GPL because that which your basing development off of is the GPL; such was the case in SE Linux.

    1. Re:NSA should continue working on SE Linux by dh003i · · Score: 2

      There should always be the stipulation that whatever was taken from the public domain be redistributed openly.

  19. Re:Licenses aren't compatible by zavyman · · Score: 2

    Actually, I'm sure the government could still release public domain code as GPL improvements both technically and legally. Legally, they could make the diffs public domain, such that one could use their code improvements however one wanted to. But if someone wanted to distribute the whole work -- the whole SELinux system -- it would have to be under GPL distribution terms.

    I'm not sure about the distribution of the work as a whole, however.

  20. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  21. Re:analogy by EllF · · Score: 2

    Rather than breaking the law and killing something so that you could still continue to sell a product that at least *some* people don't want, perhaps you should find a better way of earning an income - something that doesn't depend on a resource that anybody could, given sufficient time, emulate as well or better (and for Free!) than you?

    --
    We who were living are now dying
    With a little patience
  22. What I find annoying here by Vicegrip · · Score: 2

    It's particularly annoying that an explanation of exactly what the NSA didn't understand about the GPL wasn't well identified here-- other than "a lot of well-heeled lobbying.... erm complaints ... changed our minds".

    The NSA has a large breadth of expertise to offer that should not benefit solely proprietary software. Has no-one bothered to propose to them the concept of dual-licensing? Surely if Microsoft was interested in a portion of their technology they could obtain that technology under a different license.

    This whole escapade has the feel of ugly politics.

    I know I found the idea of SE Linux extremely refreshing and encouraging.

    --
    Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
  23. Contradictions abound by BigBir3d · · Score: 2
    "Our interest is in helping to ensure that the government licenses its research in ways that take into account a stated goal of the U.S. government: to promote commercialization of public research."


    In essence, we get to decide who makes the money.
  24. Taxes and Public Ownership by Restil · · Score: 2

    If our tax money goes to pay programmers for a public agency, such as, the NSA for instance, then the fruits of those efforts should be made available to the public that paid for it. Granted, software that deals with national security does not need to be opened to the world, but the NSA recognizes, as do many others in the security business, that having secure systems in the public leads to greater security overall. One insecure system by itself can't cause much damage, but when thousands, millions of them are exploitable, it is not only the owners of those individual systems that suffer, but others on the same network. The world survives if Yahoo and Ebay go down for a day due to the juvinile maliciousness of a 15 year old. But as our lives become ever more intertwined with public networks, there will be those with far less honorable intentions who can cause REAL damage.

    The NSA had chosen to work on a product that will assist in making some of these systems more secure. They even did so in such a way that the conspiracy theorists out there can be satisfied without a doubt that there are no hidden NSA backdoors. And since they probably did so with the aim of using such software in house, at least to some extent, the lack of significant license expenses will result in less budget requirements, or at the very least, more efficient use of the current budget.

    Microsoft may be upset over the double blow. One, because the NSA won't be purchasing as much of their software, and two because they'll be releasing their efforts back into the open source (read PUBLIC) community for no additional cost, therefore offering more competition to Microsoft. Of course, it's the very actions of companies like Microsoft that gave rise to the open source communities in the first place. Its a shame they feel the need to whine about it now.

    -Restil

    --
    Play with my webcams and lights here
  25. Why not BSD? by renoX · · Score: 2

    Apparently Microsoft is lobbying specifically against the GPL license for products made with tax dollars.

    BSD or LGPL would be fine as far as I'm concerned.

    Let's not be GPL integrist.

  26. Too late, Tim. The process is already politicized. by Ilan+Volow · · Score: 2

    Recently, Tim O'reilly wrote a piece on the growing politicization of open source. The software industry has already been politicized by Microsoft. We already have an IT purchasing system where merit has been passed over for political expediency. Quoteth The Who, Microsoft "decided the shotgun sings the song". With government IT spending already politicized, Open Source is merely playing by the rules of the game.

    --
    Ergonomica Auctorita Illico!
  27. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  28. All your IP are belong to us. by dackroyd · · Score: 2

    Many complaints criticized the agency for providing the fruits of research to everyone, not just U.S. companies, and thus hurting American business.

    Microsoft would not comment directly on its lobbying efforts, but did stress that it wanted to ensure the government continued to fund commercial ventures. "Our interest is in helping to ensure that the government licenses its research in ways that take into account a stated goal of the U.S. government: to promote commercialization of public research."


    Hmm, so let's get this straight, using tax-payers money to do useful research and then giving the results of the research out to the tax-payers, hurts companies, so instead the research should be handed over to a commercial company who will sell the IP at a huge profit ?

    There is something wrong in American society where the needs of a few (or one) companies, outweighs the need of all the citizens, and the other 99.99% of companies, who would all benefit from the research being released into the public domain.

    I suggest for the benefit of your country, you send a message of support to the Open Source now bill, before your government is completely assimilated.

    --
    "Free software as in beer, copy protection as in racket" - Telsa Gwynne
    1. Re:All your IP are belong to us. by mpe · · Score: 2

      Hmm, so let's get this straight, using tax-payers money to do useful research and then giving the results of the research out to the tax-payers, hurts companies, so instead the research should be handed over to a commercial company who will sell the IP at a huge profit ?

      Actually it may hurt a few companies and the one whineing the most dosn't pay much in the way of taxes in the first place.
      Effectivly Microsoft is asking for a subsidy from the US government.

      There is something wrong in American society where the needs of a few (or one) companies, outweighs the need of all the citizens, and the other 99.99% of companies, who would all benefit from the research being released into the public domain.

      To these hundreds of millions of people having the code GPLed has zero negative consequences and some potential positive consequences. Microsoft's objection is that they couldn't take the software then "embrace and extend". Which is something which hurts the majority whilst only benefiting Microsoft.

  29. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  30. Compete with private industry my ass by dh003i · · Score: 2

    SE Linux does not compete with private industry. Any corporation can take the techniques used to enhance linux (hence SE) and implement them in their own software. Any corporation can just grab the code and stick it in, provided they keep it separated from their proprietary code.

    Any corporation can benefit from this by using it within their infrastructure.

    MS' claims are absurd. The US government has the responsibility to do what is best for all of its citizens (while respecting the constitution and the amendments), not just what is best for corporate America. Granted, corporate America is a part of the picture, but its not all of it. SE Linux is a great benefit to the public as a whole.

    The government has no obligation to subsidize obsolete products by buying them when it can make superior ones and use them; this -- subsidizing and using inferior products regarding security -- is dangerous to the security of the nation.

    Futhermore, the results of government research should be available to all to use, whenver possible. In this case, the government based it off of the GPL, so it had to be GPL'ed. Never-the-less, it is available for all to use, with one restriction in that any modifications of it must also be GPL'ed. But MS whine the same complaint if the government did SE BSD: its competing with private industry. Bullshit.

    If MS doesn't like the fact that this is hurting their business, they should make a more secure OS. But don't expect MY tax dollars to go towards buying an INSECURE OBSOLETE operating system, thus subsidizing a private industry (i.e., MS) which can't make it on its own.

    1. Re:Compete with private industry my ass by mpe · · Score: 2

      SE Linux does not compete with private industry. Any corporation can take the techniques used to enhance linux (hence SE) and implement them in their own software. Any corporation can just grab the code and stick it in, provided they keep it separated from their proprietary code.

      To the vast majority of corporations this is no issue at all. Since only a minority are in the business of making proprietary software and selling it to third parties. Even quite a few entities supplying software to third parties do so with the software bundled with a product or service and only go proprietary because that's what everyone else does.

      Any corporation can benefit from this by using it within their infrastructure.

      To the vast majority, software is part of their infrastructure. To these these people being able to modify/have modified any part of the software to suit their needs and a lack of a complex licencing model is likely to mean lower costs to them.

      MS' claims are absurd. The US government has the responsibility to do what is best for all of its citizens (while respecting the constitution and the amendments), not just what is best for corporate America.

      Corporate America does not equate to The Microsoft Corporation or even the proprietary software industry

      Granted, corporate America is a part of the picture, but its not all of it. SE Linux is a great benefit to the public as a whole.

      The vast bulk of corporate America is part of the public who stand to benefit in this case anyway...

    2. Re:Compete with private industry my ass by dh003i · · Score: 2

      You make a good point. In most cases, when I said "Corporate America," I should have said Microsoft, since Microsoft's reall the only one with anything to lose.

  31. They have one point by jasonditz · · Score: 3, Insightful

    IMO Government research, if it is to be done at all, must be placed in the public domain for all to use. Its undesireable and unneccesary to have the government advocating any particular license. Using BSD or X11 license would make more sense for government software projects. Let everyone (even proprietaries) get some use out of it. After all, all that money to pay for it was stolen from them too.

  32. Should the Government Compete w/ Private Industry? by Skjellifetti · · Score: 4, Insightful

    Years ago the University Ag Campus where I went to school had a meat shop where you could get cheap beef/poultry/pork, etc. These were animals that had been raised on the Ag Campus farms for research and teaching and were no longer of use in whatever project. But they got into hot water with the Krogers supermarket chain because they were a gov't entity competing with private enterprise. NSA's Linux enhancements are no different. It isn't clear to me that MS is in the wrong here. Gov't should not be writing GPLd software that cannot be used in proprietary applications. A BSD style license would be much better. And such software efforts should be relegated to research only and not be attempts to build production ready software.

  33. Libertarian Groupthink by Royster · · Score: 2

    When you think about it, the government's only real job is to defend the rights and freedoms of its citizens.

    Government's role is to promote the welfare of the people. Sometimes that means promoting business. Sometimes that means providing a social safety net. Sometimes that means providing for a common defense.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    1. Re:Libertarian Groupthink by 1010011010 · · Score: 2

      Government's role is to promote the welfare of the people.

      No, it's not. That's your mother's job.

      Prenventing and punishing use of force and fraud is the legitimate role of government. Not providing "free" money to one group by taking it from another.

      Sometimes that means providing for a common defense

      That's about all it should mean. Not ptomoting business. Not providing a social "safety net."

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    2. Re:Libertarian Groupthink by 1010011010 · · Score: 2

      Is it telling that your idea of the proper role of government is not realized in a single modern or close-to-modern government?

      I don't think so. It wasn't realized in Medieval governments either, for instance.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
  34. That is MY money they are talking about! by bluGill · · Score: 3, Insightful

    "The federal government plays an important role in funding basic software research," said a Microsoft representative.

    As a US tax payer, that is MY MONEY they are talking about there. I have no objectisons to the federal goverment funding development for things they need, but Microsoft is talking as if it is their right to have the money. It is not a right. Software may not be a significant part of the US budget (though much of it is obscured in other items), but it still amounts to millions or even billions of dollars a YEAR! (I used to work from one company that was getting a couple million a year to develop software, combine that with a few other companies)

    I pay taxes on the money I earn. I expect that money will be used as carefully as I take care of mine. (and I'm known as a frugral guy) That doesn't mean spend no money, but it means think twice before spending it.

    It is NOT the job of the goverment to fund research. Microsoft has a large pile of money, it is their job to invest that money in research. It is the goverment's job to see where the goverment needs something (that may not even be useful to anyone else), and supply money to get the need filled quickly. Any other research is for universities, and should be public domain.

  35. To serve and protect whom? by Dan+Crash · · Score: 5, Insightful

    When you think about it, the government's only real job is to defend the rights and freedoms of its citizens.

    But wasn't that *exactly* what the NSA was doing by working on Security-Enhanced Linux? Defending your rights and freedoms by making sure the computers on which they depend are more secure? Should they be entrusting this job to corporate America, instead?

    Second thing: What should happen to software that the government creates? Should it never be released to the public, left to sit and wallow as a waste of our tax dollars? Aren't we better off by having more choices in the marketplace instead of less?

    (Wow -- every sentence a question.)

    --
    He who refuses to do arithmetic is doomed to talk nonsense.
    1. Re:To serve and protect whom? by M.C.+Hampster · · Score: 2, Interesting

      No, that's not at all what they were doing. If you extend the concept of "rights and freedoms" to things like having a more secure OS, you can extend to anything, like "enjoying a good movie".

      Please, show me where in the Consitution or any amendments where we have the "right" you are talking about.

      Ultimately, this comes down to unfair competition. People will say that it's good that Microsoft will have to compete with the NSA. How could that possibly be fair? How is a private corporation that has to make money to continue its existence going to compete with a government organization that has little to no accountability?

      --
      Forget the whales - save the babies.
    2. Re:To serve and protect whom? by Elwood+P+Dowd · · Score: 2

      Second thing: What should happen to software that the government creates? Should it never be released to the public, left to sit and wallow as a waste of our tax dollars?

      It should be released into the public domain. This is pretty intuitively obvious. If the government produces IP, everyone should get a peice. The government should never ever produce IP that's covered by an individual's or corporation's copyright. This is not compatible with the GPL. I really have to go with MS on this argument. If the NSA wants us to have a secure operating system, they should work on stuff with a BSD license.

      --

      There are no trails. There are no trees out here.
    3. Re:To serve and protect whom? by DavidTC · · Score: 5, Insightful
      What the hell is the point of that? The NSA employees hundreds of computer security experts. Outsourcing is possibly the stupidist possible suggestion you could make.

      Working on security is half the NSA's job. (The other half being working on encryption.) They chose to work on the security of Linux, because they use it. Because they want to see their changes incorperated into the kernel (So they don't have to keep updating it.), they gave it back to the community. They didn't just decide to start a computer programming business for no reason, they want security in their OSes and they use Linux. (Possibly because that's code they know doesn't have backdoors.)

      This isn't the NSA trying to compete with MS, this is the NSA trying to make things simpler for itself by putting security, as default, in the OS it uses, so it doesn't have to patch the source each time, and more people will look at the code and find mistakes. (The NSA doesn't fall for security though obscurity. They are well aware the best way to make something security is to hand a copy to a million people and ask them to break it.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    4. Re:To serve and protect whom? by Dan+Crash · · Score: 2

      Just curious -- do you think that the government should never integrate any Open Source licensed code to create needed software, even if the cost of re-writing that code is, say, several thousand dollars more than the OS code? Is there any trade-off to you between economic practicality and pure public domain source?

      --
      He who refuses to do arithmetic is doomed to talk nonsense.
    5. Re:To serve and protect whom? by 4of12 · · Score: 2

      So if the Chinese Red Army wants to release Red Flag SE-Linux 2.0 with Wine 2.0 without source code, then we'd be fine with that?

      Personally, I like the "share and share alike" aspects of the GPL because of the higher force of propagation and distribution of intellectually valuable ideas that it promotes. I like when my tax dollars go into GPL code.

      --
      "Provided by the management for your protection."
    6. Re:To serve and protect whom? by Elwood+P+Dowd · · Score: 3, Interesting

      I don't understand your question. It doesn't seem to relate to my post at all.

      I like the "share and share alike" aspects of the GPL too, and I wish I could figure out a way to defend the govt producing GPL code.

      But I can't. Just like I'd be pissed if (and I bet they do this anyway) the govt hacked proprietary software and allowed the proprietary vendor to sell the code.

      The government should never produce intellectual property. Since the public owns the government, the public should own the government's source. This means Microsoft should own it and this means you should own it.

      --

      There are no trails. There are no trees out here.
    7. Re:To serve and protect whom? by Amazing+Quantum+Man · · Score: 2

      Please, show me where in the Consitution or any amendments where we have the "right" you are talking about.

      How about the Ninth Amendment or the Tenth Amendment?

      The Ninth says "Just because we didn't explicitly mention it here, doesn't mean you have it."

      The Tenth says, "If it's not listed here, the Feds don't control it, and it's your right."

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    8. Re:To serve and protect whom? by Dan+Crash · · Score: 2

      From what I understand, the Security Enhanced Linux project was developed in-house for NSA servers, and then publicly released. Any competition was incidental.

      Having said that, now it exists. Why should Microsoft's "right" not to be competed against (where's *that* in the Constitution, again?) trump my right as a taxpayer to get the full value of the software my tax dollars have been spent on?

      --
      He who refuses to do arithmetic is doomed to talk nonsense.
    9. Re:To serve and protect whom? by Elwood+P+Dowd · · Score: 2

      The government usually contracts out developement. If there were a proper competitive bidding process (which there isn't, I guess) then the winning bid would come from the company offering the perfect economic practicality. This could be either proprietary, open, or free software.

      However, if someone employed by the government is doing the hacking, then it should *always* fall into the public domain. No trade off.

      I feel like this solution nicely avoids any wasted tax dollars, and any unfairness.

      --

      There are no trails. There are no trees out here.
    10. Re:To serve and protect whom? by Elwood+P+Dowd · · Score: 2

      Sure, the GPL is a bit of that. But it's different. Different in a way that makes it not ok.

      Mostly: GPLed software is often copyright by someone. Correct? If the govt makes patches, like SE Linux, they have contributed to someone else's copyright. That is Messed Up. Hell, if they contributed to ReiserFS, then Reiser gets to modify that govt code and release it closed source, and no one else does. That is unfairly assisting the copyright owner.

      Why is it strange to suggest that the government cannot have/contribute to intellectual property?

      --

      There are no trails. There are no trees out here.
    11. Re:To serve and protect whom? by mpe · · Score: 2

      So Microsoft has to compete with the NSA. Tough. Please, show me where in the Constitution it says that private corporations enjoy the right not to be competed against by government.

      Probably in the same section which says that business has a right to make a profit and once a business model has proven profitable every effort must be made to ensure that it continues to be just as profitable
      This is probably somewhere in the CSSA (Corporate Socialist States of America) constitution.

    12. Re:To serve and protect whom? by cduffy · · Score: 3, Insightful

      But most systems aren't built ground-up.

      If you've got existing infrastructure you can build on that's GPLed, you have one cost for building something new based on that and GPLing the result, and another (generally much higher) cost for rebuilding the whole thing ground-up.

      Forcing folks to always do the latter, even when the former will accomplish the initial goal of providing the necessary component and at lower cost, is unreasonable.

    13. Re:To serve and protect whom? by cduffy · · Score: 3, Informative

      Mostly: GPLed software is often copyright by someone. Correct? If the govt makes patches, like SE Linux, they have contributed to someone else's copyright.

      Not quite right.

      Linux, for instance, is not all copyright Linus. In fact, most of Linux is not copyright Linus, because whenever someone else contributes a substantial portion, they own copyright on that portion (not Linus).

      That's why folks writing GPLed software can't change the license (or offer an alternately-licensed version) if they accept other people's patches, unless they either rewrite all those patches themselves or require contributors to file a copyright assignment.

      So the government can contribute to a GPLed project and still maintain their own, independant copyright. (That said, it makes more sense to release their patches into the public domain -- even if the derivative work, that being the patched product, must be GPLed).

    14. Re:To serve and protect whom? by Elwood+P+Dowd · · Score: 2

      Yeah, I know. Still, it irks me as unfair. I realize that the Gov't probably wouldn't go the length of assigning their copyright to someone else, so they could probably never have their stuff included in a product like ReiserFS. Since Reiser requires a copyright assignment.

      Thing is, I was under the impression that the government could not legally hold a copyright. Period.

      What's this you say about "it makes more sense to release their patches into the public domain -- even if the derivative work, that being the patched product, must be GPLed"? I like this idea a lot. I just thought that the FSF types had said that patches *are* derivative works, and thus must also be GPLed. Have I misunderstood copyright law? Are the FSF folks out of their minds? Is this a debatable point?

      --

      There are no trails. There are no trees out here.
    15. Re:To serve and protect whom? by cduffy · · Score: 2

      What's this you say about "it makes more sense to release their patches into the public domain -- even if the derivative work, that being the patched product, must be GPLed"? I like this idea a lot. I just thought that the FSF types had said that patches *are* derivative works, and thus must also be GPLed. Have I misunderstood copyright law? Are the FSF folks out of their minds? Is this a debatable point?

      Well... maybe. :)

      By the FSF's definition, a derivative work is "a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language". A context diff could be construed as containing portions of that which it modifies, but a complete new file or subsystem is pretty clearly a separate work. If that file or subsystem is written so as not to be specific to the GPLed larger work it plugs into, its ability to stand alone as an independant work becomes much clearer.

      So, roughly: On something where you're modifying preexisting functions, it's debatable -- but the FSF types would have a good shot at winning. On something where you're adding new files and not copying in code from the rest of the system, on the other hand, they'd have much less of a case. If the internals of your code don't depend on API functions and such specific to the GPLed code you intend to integrate it to, your ability to make your code public domain even if the derived work including your code must be GPLed is exceedingly clear.

      I don't know if the federal government can hold copyright, by the way, and don't particularly care to look it up right now. What they certainly can do (and have done before) is controlled what was done with the rights on software via contract with the companies developing the same. A few extra hoops involved, certainly, but the end effect is the same.

      All that said, though, I'm not a lawyer. Civil law is kind of a hobby of mine, but I'm not as well read on IP law as I should be. So: If you want to actually go do anything based on what I've said here, go talk to a real IP lawyer licensed in your jurisdiction. All that aside, though, I *think* I'm right.

  36. neither you or the guy you replied to gets it by YaRness · · Score: 3, Insightful

    in the article, the fear was that american businesses would suffer because, if the nsa produced open-source software, it would be available on a international level, and would offer more competition to american businesses.

    "Many complaints criticized the agency for providing the fruits of research to everyone, not just U.S. companies, and thus hurting American business."

    which is all bullshit: open source stuff would promote more and better research; you have to learn how to do it better/faster/whatever when everyone just got access to the latest greatest way of doing it (whatever "it" happens to be).

    anyway the good news is,

    "Despite the intense battle surrounding the open source, the NSA will still fund research on secure operating systems based on Linux as well as work with U.S. companies to create better security in their own operating systems."

    1. Re:neither you or the guy you replied to gets it by mpe · · Score: 2

      in the article, the fear was that american businesses would suffer because, if the nsa produced open-source software, it would be available on a international level, and would offer more competition to american businesses.

      The false assumption in the argument is that a major part of American businesses are in the software supply business. When in truth the vast majority of businesses, in the US and elsewhere, are consumers of software.
      Increased competition is generally good for customers, since it tends to lead to better quality products at lower price. If US business wasn't giving Microsoft lots of money you might expect that their shareholders, employees and customers would benefit.

  37. Re:Licenses aren't compatible by Royster · · Score: 2

    There is a lot of code in the Linux kernel which has been released as BSD without the Advertising clause. BSD without the advertising clause is compatible with the GPL.

    The SE Linus extensions could have benn released BSD.

    But the bigger question is are the NSA-funded extensions Public Domain? Since the product of Gevernment Work may not be copyrighted and since the GPL requires copyright to function, I strongly suspect that the GPL can not be enforced on the SE Linux patches.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  38. WTF? by Platinum+Dragon · · Score: 2

    "The federal government plays an important role in funding basic software research," said a Microsoft representative. "Our interest is in helping to ensure that the government licenses its research in ways that take into account a stated goal of the U.S. government: to promote commercialization of public research."

    Translation: we want the Feds to pay for stuff we can package up and sell. God, mom, and apple pie forbid they release anything for free under a license we don't like.

    Read another way, it sounds as if Microsoft wants to turn public information into private property for its own benefit.

    A lot of people complain that the federal government seems to be bought and owned by numerous corporate interests. Microsoft seems to be saying that's the way it should be, that federally-produced software, made with taxpayer dollars, should be released in such a way that M$ can sell it back to those taxpayers for a healthy profit.

    Perhaps I'm overreacting (I do that quite a bit lately), but this seems to be a very arrogant position for a company to take. Then again, this is the same company that invited Peru's president to its headquarters in an effort to fight a Peruvian free-software-in-government law, while that company's government made nasty noises to Peru through its ambassador.

    Am I the only one creeped out by this?

    --

    Someday, you're going to die. Get over it.
  39. How's this for a solution? by thrillbert · · Score: 2

    Let the NSA continue it's research into securing the Linux Kernel. Then they can Certify it for Government Use ONLY.

    Now this in my book does not compete with American Companies because as far as I know, there's no one out there who is trying to build a Linux kernel *just* for the government..

    Besides, how many of you are going to trust the NSA enough to have a SE Linux box in your home LAN?

    ---
    To err is human.. and then there was Microsoft...

  40. That was by 0xdeadbeef · · Score: 3, Insightful

    spin-tastic!

    Now, did you actually say anything to refute the previous poster? I mean, you can't deny the fact that the government already has its hand in quite a lot of things, through academic grants, defense research, etc. etc.

    How the government wields power in this arena is how it premits the fruits of that labor to be releasesd. Refusing to release code under the GPL, but simultaneously allowing vendors to appropriate code developed with public money, smacks of hypocrisy and shows a clear bias in how they approach this issue. It is obvious that they bowed to pressure from a few whiney corporations threatened by Linux.

    So, either the government keeps its hands off industry entirely, or it should plays fair and impartially. You can't have it both ways, using the former argument to attack the latter.

  41. Re:Too late, Tim. The process is already politiciz by Pfhreakaz0id · · Score: 2

    let me tell ya something, the government contract selection process period (IT or not) is heavily politicized.

  42. Re:Licenses aren't compatible by Znork · · Score: 2

    Nope, the BSD-without-advertizing license is compatible with the GPL. SELinux extensions could be clearly marked as BSD licensed, and anyone could lift those extensions out of the GPL codebase.

    You can combine BSD code with GPL code any way you want. Only as long as you distribute them together do you have to (to distribute the GPL part), apply the GPL license to the work as a whole. Separate the GPL code from the BSD code and you have two separate works again, for which only the applicable license is valid.

    Of course, such code might be so heavily integrated into the GPL code that separation might be pointless since you'd just get a bunch of unusable (altho BSD licensed) code.

  43. US Gov simply cannot release stuff under GPL. by phkamp · · Score: 4, Informative
    It's really very simple:

    To release source code under the GPL, you have to hold the copyright to the code.

    The US Government (in this case represented by NSA) cannot hold a copyright, the law does not allow for it.

    No copyright, no GPL, end of story.

    But I have no doubt that M$ whined too.

    --
    Poul-Henning Kamp -- FreeBSD since before it was called that...
    1. Re:US Gov simply cannot release stuff under GPL. by phkamp · · Score: 4, Informative
      Here is the actual chapter and verse:

      17USC 105. Subject matter of copyright: United States Government works

      Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.

      --
      Poul-Henning Kamp -- FreeBSD since before it was called that...
    2. Re:US Gov simply cannot release stuff under GPL. by dwheeler · · Score: 3, Informative

      No. It's true that government employees, if they write code, cannot acquire a copyright. But most code is written by contractors (this is true for SELinux), and they CAN have a copyright. And, they can assign their copyrights to the government (the government CAN own copyright).

      --
      - David A. Wheeler (see my Secure Programming HOWTO)
    3. Re:US Gov simply cannot release stuff under GPL. by Error27 · · Score: 2

      >No copyright, no GPL, end of story.

      The government could release the code as public domain and it could be used in a GPL project.

    4. Re:US Gov simply cannot release stuff under GPL. by mpe · · Score: 2

      To release source code under the GPL, you have to hold the copyright to the code.
      The US Government (in this case represented by NSA) cannot hold a copyright, the law does not allow for it.


      IIRC it actually works that they cannot create or destroy copyright. But can have copyright assigned to them and are subject to licencing of copyright works. If the latter didn't hold the US government could simply buy one copy of any Microsoft product they wanted to use and do whatever they liked. Which would really annoy Microsoft.

      No copyright, no GPL, end of story.

      A lot of the things they are likely to have done involved creating a derived work. In the US derived works retain the original copyright holder. Under the current rules the US government can't just take someone elses copyright away. So where is the problem? If there was a problem it would be for one or more of the kernel copyright holders to raise a complaint, rather than some third party.

    5. Re:US Gov simply cannot release stuff under GPL. by mpe · · Score: 2

      The government could release the code as public domain and it could be used in a GPL project.

      If it's original code it would have to be public domain. But if they were to do this with GPL derived code they would effectivly be destroying copyright, which the US Government cannot do, at least not without compensating the copyright holder(s).

    6. Re:US Gov simply cannot release stuff under GPL. by Error27 · · Score: 2

      >>If it's original code it would have to be public domain.

      A program is a collection of original pieces of code. The peices that they authored would be public domain.

  44. A 'Statement of Assurance' on SELinux patents by Odinson · · Score: 3, Interesting
    This came just a few weeks ago. It was a top story on LWN the week that LWN said they might go under.

    Apparently, all of a sudden the NSA's partner, Secure Computing Corporation, came out and made a special exception from their Manditory Access Control Patents for SELinux. It may have been a desperate act to keep the NSA on board. It seems this company was deriving exclusive software patents from work partial completed/funded by the NSA. If I were a generally unaware politican told of this situation by a Microsoft birdie, I would see it a fraud/waste as well.

    Although I cannot know for sure, from the basic facts availible to me, this seems to be a case of SCC's software patent greed biting them on their own ass. MSFT probably spun it as, "the govenment partially paid for labor leading to a patent for a competitor of ours, and it's not public domain.

    Disclaimer: I hate software patents, as much as I would hate math patents if they existed. This may bias me against SCC.

  45. Re:The article makes at least one mistake by Vicegrip · · Score: 2

    Agreed, there are differences that make GPL (not LGPL) licensed software difficult for being adopted by commercial interests.

    The problem with commercial software however, is that its lifespan is limited by profitability-- a volatile threshold that has seen countless interesting innovations dead on the shelves of corporate dis-interest.

    We saw with PGP what happens when a company decides to cancel a products. It goes on the forget-about-me-shelf until somebody with enough muscle and $$$ can buy it from them-- and maybe resurrect it.

    Some technologies lend themselves rather badly to being closed up into proprietary black boxes and I think the domain of secure software is one of these such areas.

    What happens when it simply isn't profitable to fix a security flaw? I know I've spent countless hours in meetings weighing the pros & cons of fixing flaws in commercial software; meetings where the severity of the flaw is a miniscule factor when wheighed against the perceived return/cost of working on it.

    Some things need to be maintained regularly for long periods of time. Commercial interests often fail far short of doing the job adequately.

    I think there is value in insisting that security technologies remain open-- ensuring that critical security software continue to be properly maintained. To this end, I think the GPL/LGPL (the LGPL moreso) is an excellent vehicule.

    --
    Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
  46. Question by dh003i · · Score: 3, Interesting

    Though I think that there's no basis for MS' complaints, all credability to them would be lost if MS released their additional improvements or modifications into the public domain or under the BSD license.

    But the question is, can the government do that? According to the GPL, no. But, the owner of a copyright can grant exceptions to the license. Thus, Torvalds could grant an exception to the NSA regarding SE Linux, which would be as such: the original source code of the kernel/Linux upon which you based your modifications must still be released under the GPL; however, the modifications or additions you made may be released into the public domain or under the BSD license.

    Furthermore, such would give the GPL license legal credability, as the government would be asking for an exception (though the NSA already gave the GPL license legal credability by releasing their modifications under the GPL).

    That said, perhaps there should be some modifications of the GPL to allow people to release modifications under alternate licenses (which would include the public domain and OSI-certified or OSS licenses), if they can't possibly (due to legal restrictions) release it under the GPL. After all, its better that the modifications be released under a BSD-like license or the public domain (as opposed to the GPL), than not be released at all (which would ocur if the authors of the modifications were prevented from releasing modifications under the GPL).

    1. Re:Question by jpmorgan · · Score: 3, Informative

      Does Torvalds own the copyright to the entire kernel? I wasn't aware that he had had all the contributers in the past send him copyright assignments (which is what the FSF does). I'm fairly sure different parts of the kernel are copyrighted by lots of different people.

      And due to some of the wonderful properties of the GPL, you'd need to get every person who has contributed code into the kernel to agree to the exemption. Good luck.

    2. Re:Question by jsse · · Score: 2

      He does not own the copyright of every part of the kernel, but he's the registered trademark owner of the word 'Linux'. The own of that kernel part may change the license and release their own version of kernel, but it'll not be calling 'Linux'.

      In fact Linus could charge anybody who use the word 'Linux' in their distro, but I'm not sure whether he has exercise his right. (well he does has stocks of RedHat but was given voluntarily, at least that was what his said in his bio)

    3. Re:Question by jpmorgan · · Score: 2

      No, you couldn't, since your code is part of the kernel, which is GPLed, and requires that your code also be GPLed. Hence why you have to get all agreement, or nothing.

  47. infrastructure by SethJohnson · · Score: 5, Insightful



    Therefore, when the government interferes with free enterprise, it's interfering with the rights of its citizens.

    By providing a free operating system, the US govt. is NOT 'interfering with the rights of its citizens any more than:

    1. The public libraries interfere with the private bookstores' rights.
    2. Police officers interfere with private security firms' rights.
    3. Public water fountains interfere with bottled water vendors' rights.
    4. Free public skateparks threaten private Van's-owned parks.

    I think it's high-time the US govt. supported an open-source OS project. Though backwards in its perspective on human rights, China is lightyears ahead in its thinking on this subject. If we had a national open-source OS that was used in every government office and available to citizens for free, it would be a dozen times more powerful of a punishment than any wrist-slapping the DOJ is going to give to MS for it's anti-trust crimes.

    Seth

    1. Re:infrastructure by Anonymous+DWord · · Score: 2

      While I agree with what you've said, I think if China had a Microsoft, things might be a little different. They have no interest in helping Windows becoming the dominant world-wide system.

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    2. Re:infrastructure by extrasolar · · Score: 2

      Yes, its a political agenda.

      But its honest politics.

      Thats the difference.

  48. Government as a Publicly-owned Company by Slur · · Score: 2

    The government is owned and operated "by the people" for the benefit "of the people." It should go about its appointed tasks in spite of its possible effects on business. There are a million examples of things the government provides every day which could be construed as harming the commercial enterprises that provide those same services.

    This goes to a more fundamental point. If the will and needs of the people must be set aside whenever some commercial interest feels unfairly marginalized then to my mind it satisfies one condition of "anti-competitive" monopoly behavior. i.e., If changes to a product are designed to serve the profit motive of an enterprise at the expense of hurting customers then that action can be seen as anti-competitive.

    It seems to me that the American People should establish themselves as a corporation that can compete on the same level field as Microsoft. The American People - as shareholders in this enterprise - should seek to do what is in their best interest, in service of long-term viability, and to hell with competitors like Microsoft.

    --
    -- thinkyhead software and media
  49. FUD by PineHall · · Score: 2

    Nothing is stopping Microsoft from using SELinux. If they don't like GPL, they can just look at it and use the ideas with their own code. With an open license many "American" companies can make use of it. This is much better than the government working with a single company to develop a commerical product. In that case only that company benefits. Their argument is nothing but FUD.

  50. Re:Why Linux sucks by josh+crawley · · Score: 3, Interesting

    >Linux is slower and less stable than windows

    Which versions? Are you using standard (good) hardware or POS rummage stuffs?

    >My windows box uses about 40 megs of ram to boot, Linux uses about 175 (and
    Linux is a monolithic kernel)

    I'm using 172 MB of memory (with all the nicieties ON). And about that "Monolithic kernel crap"..

    modprobe idiot_slashdot_poster IQ=1

    >Linux crashes much more often than windows, way more

    How so? Windows freezes much more on me. Even hangs during INSTALL. I've never seen Linux hang like that.

    >The few Apache/MySQL vs IIS/MS SQL tests I have seen have been won (sometimes dominated by) Windows

    I dont care about those tests... However, I do remember some test that had really crappy hardware for Linux and a quad proc with Win. Wonder what won that...

    X is a one size fits all poor implementation at a responsive display server (both Apple and MS are moving to hardware accelerated GUI) ...If you're running a 486.

    >KDE is maybe the only thing on earth more intigrated than windows explorer, everything under the sun imbeded into konqueror, it makes it clunky as hell, Nautalus is nearly as bad

    Damn straight. It crashes a lot over stupid stuff, and it does hog memory. Still, after it crashes It works OK.

    >Ease of use for the newbie is not as important as ergonomics for powerusers, but Linux has yet to bring an environment to the table that I can efficiently get work done it.

    If you like Windows interface, go use FVWM95. I'll stick to using KDE and Wmaker.

    >WinXP Pro comes with a 480 meg CD, Mandrake is 3 CD's and SuSE is 7

    That's all apps you can use. Only thing I need to download is a DVD/AVI app. Windows comes with garbage (MSNMessenger vs. Gaim , IE vs. Moz, Paint vs. Gimp, nothing vs GCC suite).

    >NTFS is much more stable than any Linux file system, hard shut down in Linux and watch it fsck your box

    Permissions on WinNT are much nicer to deal with. Still, XFS and Reiser are really good for Linux. Only a second or 2 to "check disk".

    >Installing software on a Linux system is badly broken, often you end up fixing make files, chasing dependencies, or in situations where you can't update a library with out breaking other apps, many libraries are not very backwards compatable and someone still has yet to write an installer for Linux. Nullsofts SperPiMP installer for windows is only 498K but such a simple installer has yet to exist for Linux because it's design is funamentally flawed.
    Even windows 3.11 had an installer and you can install the 32 bit libraries for it and still run binaries that were compiled on XP, lets see Linux do that

    Creators dont care to package a nice installer like the one Loki used in UT install. Still, if you compile static LIBS inside your binaries, thye'll run on nearly any Linux X86 platform (if that's the arch you compiled them for). RPM's are OK, but you have different companies repackaging them and breaking them. Still, the best is AUTOCONF ./configure . It ckecks for everything you need on your system and errors if you dont have it.

    >Developers will often use GPL just so they can avoid having to create and test seperate packages for the last 3 versionsof every major distro, GPL lets someone else do it.

    Yep. Essentially they are lazy in a certain regard. If you'd undertsand, they make the app for themselves alone. If somebody else wants it, try it out. If it doesnt work (and you want it), you fix it and submit patches. That's part of the cost of using Linux stuff. It doesnt cost money... Just time.

    >The exists no development environment more compelling than gcc and emacs, for this reason Linux apps will always be behind

    QTdesigner, INTEL's cc, KDevelop... I'd say they're "nice". Still, that's a simple bitch comment.

    >Would like feedback on this
    >Thanks

  51. Re:analogy by Sean+Clifford · · Score: 3, Insightful
    Troll, but I'll bite anyway.

    A better analogy:

    Say you have a chain of lemonade stands and are selling weak, unsweetened lemonade for $199 a glass. The lemonade stand is your only source of income, so you want to protect it. You forbid anyone from sharing the lemonade they drink and if they drink your lemonade you forbid them from drinking anything else to slake their thirst.

    The community deploys water fountains, a few people put down fruit trees and a few start selling different kinds of fruit juices.

    You bribe public officials with "campaign contributions" to pull the water fountains and send hired goons to intimidate, buy out, or otherwise break up your competition.

    That's a better analogy of what Microsoft is doing with regard to Linux.

    And no, I wouldn't hire goons, grab an axe, or bribe officials. I'd start offering what people were asking for rather than crush the life out of them like an asshole.

  52. Re:What if MS bought patents to SELinux? by Dr.+Spork · · Score: 2
    Fortunately, it is too late for now for a patent to be issued ("prior art"). However, the article you linked is indeed quite good for a zdnet piece. Sure, the US gov't is a big contract, and MS payola will make sure it's theirs. However, there are hundreds of other governments, like China's, that will surely be running a descenant of SELinux.

    What we need is an international effort of coders to super-secure Linux. That sort of effort, distributed over the non-US world, would definitely justify the costs.

    Maybe this will be the next step after Linux gets officially accepted by some large governments.

  53. Biased article? by jpmorgan · · Score: 3, Insightful

    I have a problem with this statement:

    Many complaints criticized the agency for providing the fruits of research to everyone, not just U.S. companies, and thus hurting American business.

    This is pretty biased. Shouldn't it be more like 'Many complaints criticized the agency for providing the fruits of research to only free software developers, not to all software developers and companies, thus hurting American business.'

    How would developing the security extensions in the public domain, or under a BSDish license keep them from being used by 'everyone'? Putting then in Linux (and consequently having them been covered by the GPL) does a much better job of keeping 'everyone' from using them than a more free license like BSD.

    If the NSA were going to do something like this, they should have based it on one of the BSDs instead. By developing the extensions in Linux, they effectively made them useful only to Linux - putting them beyond reach of countless software companies. Of course, this has been the software industry's complaint to government funded research producing GPLed software from the start.

  54. I remember when there was a USA by gelfling · · Score: 3, Funny

    Yeah back in the early part of the century before Redmond bought the rights to everything that ever had been or ever will be invented, thought of, spoken, typed, glyphed or otherwise ideated or communicated in any living or non living mode. Then they put a EULA on the Declaration of Independence and the Constitution and made people pony up dollars if they wanted to be a legitimate licencee of Freedom and Democracy. Everyone else was sent to the Gulags "to protect them from themselves and to insure that the bona owners were not stolen from."

    Then they added a new ammendment to the Contitution EULA that effectively invalidated the 13, 14, 15 ammendments of the old Constitution and made it legal for software companies (MS because by then there was only one) to literally own people and make them buy software whether they wanted to or not. Debtor's prisons came back online after over 200 years. The shortway around that was to simply become the nation and hire the entire country as cadres of MS employees. Everyone became a 'limited use MS employee licencee'.

    Around 2014 was when DoubleplusXXXP+# was running the food distribution complex in east central Billtania (formerly called the "Midwest") and a major BSOD glitch caused 65 million people to starve to death. In order to make up market share MS tripled the food EULA charges on the survivors and then cut their wages by 30%. Which is when the mass suicides and infanticides began.

    In 2018 Bill proclaimed himself God-Man and licenced the air we breathe now.

  55. And you'd like to replace that... by dave-fu · · Score: 3, Insightful

    ...with a few thousand unpatched Linux boxes? There's no magic bullet that suddenly makes a given server safe for eternity out there, now or ever. As the lifetime of a server unpatched and unmanaged (as all these hypothetical NT4 boxes in your example are) reaches infinity, you can be damned sure that the probability that ANY box gets rooted out reaches 100% as well.
    Or will running SELinux and forgetting about those patches be different from running NT4 and forgetting to run well-publicized best practices checklists?

    --
    Easy does it!
    This comment has been submitted already, 276865 hours , 59 minutes ago. No need to try again.
  56. USA export regulations by yerricde · · Score: 3, Informative

    Well, the U.S. government does place restrictions on one's right to give software away (in the case of strong cryptography). Hence OpenBSD is based in Canada.

    But do these U.S. export restrictions apply to free software? The current crypto export regulations (section 740.13(e)) seem to grant an export License Exception for publicly available source code and object code compiled from publicly available source code provided that the original publisher of such code notifies crypt@bis.doc.gov (cc: enc@ncsc.mil) of the code's public availability. (Notification seems not to be required for mirrors.)

    Hence Mozilla is based in the United States, where the only restriction on exporting OSI Certified(tm) open source encryption software is that it not implement a system primarily designed to restrict the fair use of a copyrighted work.

    --
    Will I retire or break 10K?
  57. We the People by drivers · · Score: 3, Informative
    Funny, I thought that government (established by the people) was the means by which people promoted their welfare.


    We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

    1. Re:We the People by drivers · · Score: 2

      You spout your Randroid nonsense as if it were gospel.

    2. Re:We the People by drivers · · Score: 2

      The "Randroid" part was referring to the part where you said government can do x, y, and z, not a, b, and c as if that was the only valid political opinion. Presumably that means that the government shouldn't be using our tax money to develop free software. However you previously stated (as you pointed out) that big business should not be protected against free software. The question is, does this mean you are for or against the NSA writing free software which "competes" with Microsoft?

    3. Re:We the People by mi · · Score: 2

      You answered yourself...

      ... the means by which people promoted their welfare.
      ...

      We the people...

      Damn it!..

      --
      In Soviet Washington the swamp drains you.
  58. A non issue really if you are outside America by miffo.swe · · Score: 2

    If you look at the speed GNU/Linux is picking up in China and other countries in other parts of the world Microsoft can be seeng themselves outpaced by various distributions. Microsoft will find themselves fighting to many wars instead of making their own crappy OS workable.

    Sure they can lobby and buy votes in congress but its harder to do it abroad. SElinux wasnt used that much and wasnt a fullblown ready to go distro but rather a concept. There are plenty of highly secure distros out there but one fact remain. Almost any distro can be secure if it has a good sysadmin. The same cannot be said about Windows where the sysadmin and his server is in the hands of someone else.

    --
    HTTP/1.1 400
  59. Not the whole story.... by giminy · · Score: 5, Interesting

    I sort of work on SE Linux. Our group is unsponsored by the NSA (thus far). Since we are unofficially working on it, though, we hear birds chatter sometimes. The rumor mill around our office has been saying that it is not the case that Microsoft has done anything. What happened? A party, whose name shan't be mentioned, because we have not been told their name (we shall call them the Party), was given an SE Linux contract by the NSA. The NSA it seems didn't understand the GPL so well (or some lawyer of theirs who hammered out the contract didn't). The NSA contract said that the Party working on the contract could have propietary code, and could patent ideas used to achieve goals on the project. Much work was done on SE Linux in the mean time by the Party, but patents/etc are held on certain parts of the code by the Party, and therefore cannot be released under GPL. The quotes you see in this article heading make perfect sense to me in this context. The NSA didn't understand the GPL. And yeah, I would complain too if I couldn't have the complete source to my kernel...

    Yes I hate Microsoft, but this article is kind of ridiculous...it uses some vague quote to make microsoft look bad. This is not the way to win the war.

    --
    The Right Reverend K. Reid Wightman,
    1. Re:Not the whole story.... by ozbird · · Score: 2

      The current version of SE Linux appears quite up to date (2.4.18-based) - has official development stopped now? An official statement from NSA on the status of the project would be useful.

      If work has stopped, or there are serious legal issues over the existing codebase, it sounds like a good reason for a code fork - take the known good GPL code and run with it and stay clear of any "patented" bits.

    2. Re:Not the whole story.... by Malcontent · · Score: 2

      Who moderated this up so high? Where is the evidence? Who is this "party"? DO you really expect everybody here to believe that the NSA is incapable of understanding the GPL? Are you really saying that the NSA employs no lawyers or that their lawyers are insanely stupid?

      Put up or shut up. Spill the evidence if you have any any.

      --

      War is necrophilia.

    3. Re:Not the whole story.... by giminy · · Score: 2

      No, I don't expect everybody to believe it. But by the same token people should not believe that Microsoft coerced the NSA into dropping SE Linux. There's no proof in the main article, just a vague quote attached to an unrelated story. I cannot supply the party's name because we don't know, the NSA never told us. I imagine it is the NSA's nature not to reveal who is working on what so that people don't bother the groups working on a particular contract directly. Ideas should be going to the NSA who will then filter them down to their contracted groups.

      I too used to think the NSA was always up to no good and was corrupt, focusing mainly on spying on US citizens, but reading a little history of what they've done has shown me otherwise (though I still enjoy movies like Conspiracy Theory ;-)). I do truly believe they have the public's best interests in mind vis-a-vis SE Linux. Assuming microsoft tried to leverage them into using windows as their secure OS: well that might work okay for the NSA (of course the NSA would be given the code in this case), but it does little to appease the public. Who would trust NSA-Windows if they couldn't have the source code? I doubt Microsoft will allow the NSA to release the code to any hardened operating system they release. The SE Linux project was started, if you'll recall, to create a publically usable trusted operating system.

      Using GPL (or another "free" as in source license) is really the only thing that makes sense.

      And as for the question about the NSA's lawyers, I am simply saying that it is possible for one of their lawyers to make an error in foresight (a "mistake"). The NSA is interested in securing data, and I would imagine they have lawyers on hand mulling over legal matters with respect to securing data. It's possible one of them drafted the contract for working on SE Linux (see previous statement regarding non-disclosure of who "party" is. The more outside people involved in a contract, the higher the likelihood a mistake will be made and "party" will be revealed).

      Anyway, I admit that I cannot provide said "proof." Neither can this story. If I were reading this article and this particular message thread, I would probably believe neither. But given what I have heard, I definitely do not believe Microsoft had anything to do with stopped development on SE Linux.

      --
      The Right Reverend K. Reid Wightman,
    4. Re:Not the whole story.... by Malcontent · · Score: 2

      Three things.

      1) You don't know who this party is and therefore it could very well be Microsoft.

      2) The NSA is like most other govt agencies in that it employs and contracts with an army of lawyers. There is zero percent probability that every single lawyer for the NSA is somehow only knowledgable about security.

      3) The GPL is a very simple document as far as legal documents go. I can read it and understand it and so can millions of laymen all across the world. Not only that there have been countless articles written about it in all kinds of forums. If you spent a half a day searching on google you would know the GPL inside out. Despite this you keep asserting that real life lawyers working for one of the most elite govt agencies in the world are simply unable to read or interpret this simple document. Not only that but they are so ignorant that they are unable to do searches on google and read about other people's analysis of the GPL on the internet. The lawyer(s) assigned to the task of studying this simple document are lazy, incompetent, and illeterate right?

      --

      War is necrophilia.

    5. Re:Not the whole story.... by giminy · · Score: 2

      1) You don't know who this party is and therefore it could very well be Microsoft.

      2) The NSA is like most other govt agencies in that it employs and contracts with an army of lawyers. There is zero percent probability that every single lawyer for the NSA is somehow only knowledgable about security.

      3) The GPL is a very simple document as far as legal documents go. I can read it and understand it and so can millions of laymen all across the world. Not only that there have been countless articles written about it in all kinds of forums. If you spent a half a day searching on google you would know the GPL inside out. Despite this you keep asserting that real life lawyers working for one of the most elite govt agencies in the world are simply unable to read or interpret this simple document. Not only that but they are so ignorant that they are unable to do searches on google and read about other people's analysis of the GPL on the internet. The lawyer(s) assigned to the task of studying this simple document are lazy, incompetent, and illeterate right?


      1) Probably not microsoft. You have no proof of this. See your own comments on subject of proof before throwing out wild accusations. Also, I doubt Microsoft won a contract to develop SE Linux, though I suppose anything is possible.

      2) "'We didn't fully understand the consequences of releasing software under the GPL (General Public License),' said Dick Schafer, deputy director of the NSA.

      3) See point 2.

      --
      The Right Reverend K. Reid Wightman,
  60. Mandatory Access Control (MAC) by Josh · · Score: 3, Insightful

    The distinction between MAC (mostly used by the military) and Discretionary Access Control (the common form in most OSs) is classical in the security literature. SELinux was primarily an attempt to produce a MAC system our of a free resource, Linux, that is highly usable, works on cheap hardware, runs lots of applications, and could do many functions for the government. Microsoft, to the best of my knowledge, doesn't even offer an OS with MAC capabilities. That the NSA would be cowed by Microsoft nonsense out of continuing development on a worthwhile project that could save the government hundreds of millions of dollars is absurd and criminally stupid.

  61. You are DEEPLY in error by Jeremiah+Cornelius · · Score: 2
    Both the Preamble and Article I, Section 8 of the Constitution call upon the federal government to "promote the general welfare." By extension, "we the people" are urged to promote the general welfare as well.

    We may disagree as to what the general welfare requires, but the framers intended that we accept this principle as being essential to the preservation of freedom.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  62. It's the applications, stupid by Animats · · Score: 4, Informative
    Most of you miss the point about SELinux. It's not an attempt to build something NSA would consider a secure system. It's a prototype on which apps can be written which might, someday, run on a system with mandatory security policies.

    Writing server-type apps to live within the constraints of a mandatory access policy is tough. (Look at how much crap runs as root because people can't make it live within the UNIX permission structure, which is far less restrictive.) But it's the only approach that works, because the applications aren't trusted.

    If you want to help, make some major application, like a mail program, work under SELinux, with as little trusted code as possible. Somebody was doing this for an FTP server, but those are of limited use. A mail server on SELinux would actually be useful.

  63. US interests by Target+Drone · · Score: 2
    From the article: Many complaints criticized the agency for providing the fruits of research to everyone, not just U.S. companies...

    I know the US government is here to serve US interest and all but whatever happened to doing things for the betterment of mankind.

    Perhaps I'm being too idealistic.

  64. Uhhh -- Conterexample! by Codex+The+Sloth · · Score: 2

    Two words: Post Office.

    Next topic?

    --
    I am not a number! I am a man! And don't you ... oh wait, I'm #93427. Ha ha! In your face #93428!
  65. No, the givt should fund "basic" research by Ars-Fartsica · · Score: 2

    There are substantial research projects that consist of basic sciences, social sciences, and the humanities that do play a role in the public good. I don't a problem with the government funding basic research. Product development is another issue.

  66. Re:That's scary - NOT by EQ · · Score: 3, Informative
    because it's illegal for the NSA to spy on Americans doesn't mean they don't...

    Having worked there, I can tell you this: intercepting a US person is a SERIOUS infraction. Its not something you can do without running afoul of a lot of laws. The abuse done by the NSA during the Nixon years caused a lot of severe curbs (both open and classified) to be placed on the NSA, and those laws have serious teeth that will bite anyone violating them. As with the armed forces, there are a lot of very liberty minded folks working there to preserve your freedoms at the cost of their own. One example is that free speech is very limited once you hold certain accesses and clearances.

    IMHO, you're in more danger from those folks at the FBI.

    You really ought to do a seach on "USSID 18". I cant say anything confirming or denying, but there are some very interesting things that have been declassified out of Big Daddy DIRNSA's pockets.

    Secondarily, its NSA/CSS. Ever hear of the CSS side of the house? I suggest you look it up before posting obvious biased off-base stuff thats based on a hokey movie [sneakers].
    --
    Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo! http://goo.gl/J9bkO
  67. Foreign access to SELinux by ericman31 · · Score: 3, Interesting

    I think the line about anyone having access is telling, but not in the way many people seem to be taking it. The NSA isn't concerned with US citizens having access to SELinux, although I'm sure that some people within the NSA are. They are concerned that security technology developed by the NSA will be made available to other countries. The NSA is fighting the tide of knowledge. The Soviet Union used to do this, to an even more dramatic extent than our government does. Anything mailed or published outside the USSR was subject to censorship. Soviet scientists used to get around this in interesting ways. For example, a physics paper was published that started "Imagine the interior of a star .... ". The censor immediately decided that there was nothing of interest militarily and passed the paper through for publishing in Western Europe. The star described could not possibly exist, it was actually describing a third stage thermo-nuclear explosion and gave Western physicists insight into the sophistication of Soviet nuclear weapons technology.

    Information and knowledge cannot be prevented from spreading, as the Catholic Church in the middle ages learned, as the Soviet Union learned, and as the NSA keeps trying to forget.

    --
    In my universe I'm perfectly normal, it's not my fault you don't live in my universe.
  68. Re:analogy by Aexia · · Score: 2

    Oh, I fully expect them to *try* to cut down the apple tree.

    I just didn't expect the *owner* of the apple tree, the NSA, to *let* them cut it down.

  69. Get a clue about how research is funded by Genus+Marmota · · Score: 2, Insightful

    It is the goverment's job to see where the goverment needs something (that may not even be useful to anyone else), and supply money to get the need filled quickly. Any other research is for universities, and should be public domain.
    Man, you need to get a clue about how research is actually funded at universities in the US and who "owns" the results. At the department where I worked it went something like this:
    • Famous scientist solicits 10s of millions of $$s from a variety of sources including government (NIH, DOE) & industry. This process is incredibly political WRT who the govt does and does not fund, academic dominance struggles, backbiting, etc.
    • University takes half off the top.
    • Scientists in department also get their own grants, frequently from industry, with all sorts of strings attached.
    • Enormous pressure on all involved to come up with "commercial" IP.
    • Stuff is developed.
    • Furious battles among researchers - who owns how much of what - as industry & VC gathers round. University is heavily involved through "Office of Technology Transfer" (from Regan era mandate forcing recipients of public funds to actively seek ways of transferring IP to private sector).
    • Startups are formed and/or patents "transferred" (some might say given away). Everyone who can keeps a percentage (stock, rights) including University, but usually not including postdocs, lab techs, anyone other than principal investigators whether or not they were really important to the work.
    • The public gets the publications (which is to be fair the most important thing)but precious little of the technology (actual HOWTO and rights to do so)
  70. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  71. Microsoft undermines national security by Angst+Badger · · Score: 3, Interesting

    So let me get this right: the National Security Agency develops a port of Linux to augment, unsurprisingly, national security. Microsoft bitches that national security runs counter to their profit interests and manages to get SE Linux terminated.

    Fine.

    But let's be sure to mention this next time Osama bin Ballmer starts foaming at the mouth about how Linux is un-American, and remind him that Linux developers have never undermined the safety of American citizens in order to line their pockets.

    And while we're at it, let's consider what gigantic software monopoly distributes a flight simulator capable of accurately emulating passenger airliners, along with detailed scenery of American airports and major urban centers, complete with individual office towers.

    Of course, having already crippled Naval warships, I shouldn't be surprised that Microsoft is now trying to cripple our chief intelligence agency.

    --
    Proud member of the Weirdo-American community.
    1. Re:Microsoft undermines national security by mpe · · Score: 2

      So let me get this right: the National Security Agency develops a port of Linux to augment, unsurprisingly, national security. Microsoft bitches that national security runs counter to their profit interests and manages to get SE Linux terminated.

      Whilst the US Constitution defends Microsoft's right to bitch as much as they like it dosn't oblige anyone, including the US government, to take any notice of them at all.

      But let's be sure to mention this next time Osama bin Ballmer starts foaming at the mouth about how Linux is un-American, and remind him that Linux developers have never undermined the safety of American citizens in order to line their pockets.

      If anything the GPL has more in common with the US Constitution than anything Microsoft has ever come up with.

      And while we're at it, let's consider what gigantic software monopoly distributes a flight simulator capable of accurately emulating passenger airliners, along with detailed scenery of American airports and major urban centers, complete with individual office towers.

      At least one news media demonstrated using this software as a means of training people to crash airliners in to specific buildings.

      Of course, having already crippled Naval warships, I shouldn't be surprised that Microsoft is now trying to cripple our chief intelligence agency.

      It appears that the way Microsoft operates makes it difficult for them to produce software well suited for government work. By the time people get to know the software well enough to seriously consider starting using it Microsoft is likely to have stopped making it available. That for the majority of governments they are a foreign corporation is another point against them.

  72. Re:Why Linux sucks by dclifton · · Score: 2, Informative

    I've run Linux since 1993 when there were no distributions. I ran it on a 386 / 16 with 8Megs of memory. I've run almost every version since and I have yet to have any lockups / crashes. Either you have no idea how to install the OS or you are forcing the software to load into improper directories so that the system crashes when it is trying to run. Currently I'm running Mandrake 8.0 on a Pentium 100MHZ PC with 60 Megs memory and it hasn;t crashed in over six months. Personnaly, if I could run it at work, I'd delete every copy of windows I have and only run Linux.

  73. Re:Why Linux sucks by headmonster · · Score: 2, Interesting

    I can't agree with your experiences on stability. In fact, I trust my Linux boxes more than anything with Winx on it. In my experience, the only reason our Winx boxes don't crash once or more per month is that we've adopted a strategy of rebooting them once per week so they don't "eat themselves". (A hard learned lesson. Maybe exagerated _a little_.)

    That only addresses the server side of things though.

    I agree on software installation - there are a lot of problems, mostly stemming from the lack of a strong, unified configuration. That is, everybody seems to have their own version of how a Linux (or unix in general) box should go together - and so the configuration options are too broad for a strong standard to emerge. MHO. Even Red Hat's RPM fails to solve the problem a lot of the time (my experience)...

    I recently launched a RH7.3 server for MySQL & Resin (JSP Application Developmet). Everything from the CD went well - and then I needed to add Java. Got the RPM from Sun, and wouldn't you know it - the install went great.

    (The other shoe drops here)

    ...but the program (java) wouldn't run - let alone the fact that I have to manually hack all of the environment varialbes. I thought that maybe this was ahead of the curve (using 1.4 instead of 1.3 on the CDs). I Turned back to the 1.3 version on the CD's - that failed too in precisely the same way.

    As it turns out Java needed another package installed before it would work - a dependency - precisely what RPM is supposed to solve. After 3 days w/ tech support (sometimes it just doesn't go well) I got the answer on the package that needed to be there - I found it on the CD, installed it manually, and that problem was solved.

    This is an example of something that should have been very simple, but became extraordinarly complex - from cryptic error messages and difficult technical support calls to locating installation packages to manual environment configuration etc... A less technical user would have been in real trouble.

    An executive comparing that to the one-button install on a Winx machine doesn't take long to decide it's a better business decision to "stick with what works".

    On the point of a user environment/desktop. There again, I have to agree. Every couple of months I pull out the latest RH version, wipe a machine, and try to build a user workstation that I could throw at my user base for business, software development, or even webware work... Every time so far it's a disaster - there are too many tools missing and the tools that do exist have steep learning curves.

    On the point of learning curves, there's another core problem here I think - a cultural one. The *nix crowd in general seems to have a built in right of passage. You either know all of the right buzzwords, techniques, tools, and utilities, or it's your own fault that you haven't figured it out yet. (RTFM!)

    It's difficult to describe - but I'll bet anyone who's tried to use *nix has had the experience:

    You find yourself staring at a problem that should be simple to solve, but everything about it is inpenetrable - you don't even know what questions to ask... - or when abruptly reminded RTFM - which FM to F' READ...

    ...then, if you're lucky, you will stumble across some *nix guru who will press a few obscure keys and solve the problem instantly (thus is the power of *nix) - Even if they were nice about it and tried to teach you, and even if you took copious notes - this little tid-bit is probably not much more help than wrote instructions - and if you loose them, or forget them some day, you're just as lost as if you'd never had the help.

    Even the simple things are maddening. Take the vi / emacs debate - then, prompty forget about it because it completely misses the point. For the typical computer user, in a world where every editor you can find works just about like Notepad (even edit on a DOS prompt works this way for the most part) - vi and emacs are useless and inaccessible.

    The newbie can't begin to gain access to a *nix system. What we (people who want Linux to succeed) have to do is realize that in it's most profound terms.

    In most of the companies in the world using computers, the guy that has to make it all work isn't a well trained technician or engineer, or even a hobbiest. He's the poor schmuck who figured out how to modify autoexec.bat with his trusty text editor - the token computer geek in the office - and through his continuing experiences he may eventually become a well trained technician... but today he can get by with a few simple tweaks and keep the wheels moving. This is just not so in the Linux world right now.

    Show of hands: How many of you know why the following expression is a bad idea:

    [ /] rm -rf *

    The short of it is that I think *nix in general, and by extension Linux, is structured so that the learning curve is far too high for casual entry.

    Once you get past the learning curve enough to be somewhat effective, you no longer have the time or energy it would take to bring the next fellow along - and so they will struggle as you have, or they won't "join the club".

    I think it likley that until the Linux community solves this entry problem the barriers to solving usability, installation, and integration problems will remain unsolved.

    What's needed is a workable environment that doesn't require a deep knowlegde, but does not preclude the benefits of that deep knowledge. A way for the novice to get their work done on their way to becoming a whiz...

    Typically those in the open source development community that have the skills to solve these problems are busy with other things - and in any case there's little strong direction as to what the details of such an environment should be...

    The challenge is going to be defining that goal and motivating the developer community to achieve it.

    The first part is hard because the very people who can help to define that goal are kept out of the community by the entry barriers - and therefore don't get into the conversation.

    The second part is hard because it is the nature of the development community (generally) to solve local problems and then share those solutions - rather than coming together to collectively solve a central problem they don't personally have. (Is that where RTFM comes from?!)

    Think of it this way... If I have to make my mail server or database work properly, and I can fix the open source code to solve that problem - then I can do that and keep my job - it's all part of the work I've got to do. When I'm done, that work is now available for everyone. By extension, the most common problems will be solved and overall the open source software will be extremely reliable for the majority of people most of the time.

    Try to apply that to this problem: Basic users need a unified desktop and operating system with integrated applciations and a shallow learning curve. Now tell your boss that you're working on a suite of productivity apps and a one CD linux distribution that will slickly install and interoperate with the majority of the business world running Windows. I'll bet he will ask: "How's that going to get our database up?"

    The boss in this case might be the developer themselves. Best intentions, altruism, and grand visions not withstanding, it is not the open source developer's job to make everyone's desktop work and their installs go without a hitch - This is an advantage that the Microsoft developer has - it is their job and they get paid to do it. Similarly for the ISV/ISD - the potential for conflicts of interest are reduced significantly.

    The short way of saying this might be that the open source community, left to it's own devices, probably can't solve this problem.

    What's needed is an economically viable project that can focus the community on a unified vision, and specifically one that is strong enough, and compelling enough that the majority of the community will wish to participate.

    To work, this project would have to encoumpass a wide range - not only the operating system and it's environment, but also the applications that make that environment powerful - IDEs for all programming languages, Word processing and document publishing, Spreadsheet, Database, Presentation, Mulitimedia, Web & Email access, all of those applications will have to work together in a seamless way - and had better coexist nicely with Microsoft's products which, like it or not, set the standard due to market share.

    To date, I've seen some methodologies get close to supporting this kind of effort (a few good tries) - but nothing seems to have captured the critical mass necessary to generate this kind of focus.

    It's a thorny problem.

    I think we'ev seen some glimpses of what it _might_ be in the likes of MySQL, RedHat, Sun(java)... where there is a blend of open source and commercial licensing - sort of the best of both worlds. None of these seem to be perfected yet.

    Anybody have a solution?

  74. Re: Liberal Groupthink by Royster · · Score: 2

    Oh, so I'm a Socialist for asserting that promoting the welfare of the people is a legitimate role of government?

    I didn't advocate government ownership of industry.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  75. Bad info? by L0rdV4der · · Score: 3, Interesting

    Did anyone bother to check the info? This quote may be old, misquoted (or misinterpreted), or dead wrong.

    Dick Schafer is not the deputy director of the NSA. Per one of their press releases over two years ago, Bill Black is the Deputy Director:
    http://www.nsa.gov/releases/newddir_071000.html

    Also, SELinux was updated on July 3rd. Sounds like a bit of work for a dead project :-)
    http://www.nsa.gov/selinux/news.html

    --
    I am Me. No one else is Me, but Me. You are You. Get over it.
    1. Re:Bad info? by SwedishChef · · Score: 2

      There are several "Deputy Directors" of CIA and it would not surprise me at all if there were not several at NSA. This is the title given to the equivalent of "Vice-President".

      --
      No one ever had to evacuate a city because the solar panels broke!
  76. I don't think I am in error by 1010011010 · · Score: 2

    The founders intended for the federal government to be essentially what the libertarians say it should be. It enumerates specific powers granted to the federal government. Anything not covered by that enumeration, or one of the amendments, is not in the jurisdiction of the federal government. Please locate the constutitional authority for federal "welfare" programs such as social security and medicare.

    You and I can think "general welfare" means whatever we want for it to mean; but when it comes down to it, the constitution determines what powers the federal government actually, legitimately, has.

    --
    Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    1. Re:I don't think I am in error by 1010011010 · · Score: 2
      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
  77. Your third point is wrong, and that's the problem. by Ungrounded+Lightning · · Score: 2

    Third - What the government produces, all competitors share equally...

    That's what's SUPPOSED to happen.

    But if the government enhances a GPLed product and releases the result, the enhancement comes under the GPL.

    So proprietary software vendors (like Microsoft) DON'T get to use the improvements - at least not verbatim. The improvements carry the Gnu Public Virus and can't be integrated into the vendor's code base without risking a suit from the FSF for GPL violation.

    Of course Microsoft cried "foul". They have a valid point. (How would YOU like it if the CIA spent a lot of YOUR tax money helping Microsoft fix up their software and wouldn't let YOU have the result?)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  78. Now we've done it... by SoSueMe · · Score: 3, Interesting

    We've /.ed "www.nsa.gov".
    At first I was surprised, but a Netcraft look-up explained it all.
    "The site www.nsa.gov is running Microsoft-IIS/5.0 on Windows 2000."

    That does NOT comfort me at all.

  79. Re:Should the Government Compete w/ Private Indust by Arandir · · Score: 2

    As a longtime BSD advocate, I must partly disagree. SELinux must be under the GPL, because it's based on GPLd software. The NSA can't arbitrarily change the license. As long as the choose to create derivative products from GPLd code, they must use the GPL. Besides which, public domain is incompatible with the GPL.

    p.s. On the other hand, the NSA getting involved in a hardened BSD OS would be awesome.

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  80. Unidentifies sources are hardly proof by HiThere · · Score: 2

    I believe that MS is probably guilty, based purely on their past history. I can't consider that attributing "unidentified sources" for this conjecture adds much of anything to its trustworthyness.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  81. Open source, yes. GPL, no. by Courageous · · Score: 3, Insightful


    Having the U.S. government develop open source is just fine. We, the people, are the ones paying for the work, and the results of the work belong to us. However, having the U.S. government develop under the (full) GPL results in software which is restricted, and not available to everyone. The appropriate result of government work is really the PUBLIC DOMAIN.

    C//

    1. Re:Open source, yes. GPL, no. by Dirtside · · Score: 2

      As far as I know, various courts have established that the (United States) government cannot copyright things. Any work produced by goverment employees is in the public domain. However, work done by companies or individuals under contract to the government can be copyrighted.

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    2. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      It's not a lie. For example, any employee of any corporation cannot legally include a GPL product in any of their own work without explicit permission of a signatory executive officer of the company. Any other behavior is legitimate grounds for termination and would also be civilly actionable by the corporation against the employee. These problems, I'm quite sure, are often overlooked by employees of companies, even middle-to-senior level managers who believe that they actually have yes-saying power in this situation, when in fact they legally and most assuredly do not and would face the same potential censure as would the lowest level employee in the event of an error.

      Your position that GPL software is "specifically available to everyone" applies more to the LGPL, which doesn't have a poison pill clause like the full GPL. This position of yours is really misrepresentative.

      C//

    3. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      You're correct. Which begs the question of why it is that U.S. government workers are surrendering their intellectual property rights and agreeing to create derivative works of intellectual property which belongs either to a private individual or an institution, now doesn't it?

      I don't have anything against government employees doing work for the public trust. I even believe that all U.S. government contractors should be forced to submit (non-secret/sensitive) software developed on the public dole to an open source license, but I'm a much bigger fan of BSD-style licenses.

      C//

    4. Re:Open source, yes. GPL, no. by rweir · · Score: 2, Insightful

      How does the GPL restrict you? Oh, that's right, it says 'here, have this, on one condition: give it to everyone else'. Why exactly is that bad? Because people can't hoard software?

    5. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      Your characterization of the GPL is incorrect. The GPL is more like "here, have this," and anything you connect to this, you also have to give it to everbody else. You're thinking of the LGPL.

      C//

    6. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      willfully-misdirected rebuttal to my explanation, so you are intentionally lying.

      For someone who claims the high road and a position of reason, you certainly are prone to hyperbolous, inflammatory, and, I might add, highly impolite remarks.

      A corporation cannot, as a matter of reduction to practice, incorporate a (full) GPL product in a release of its own software, because doing so requires them to give up intellectual property rights on their own works (the linking clause, read it yourself). While a few corporations might succeed based on a strict service model, this is the minority of them by a long stretch, and is otherwise inimical to the more normal conduct of commerce.

      "The GPL has no poison-pill clause against corporations or commerce".

      As a matter of reduction to practice, this is quite false.

      C//

    7. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      The statement of character is yours, where you illustrate for the general public that the best you can do is become obusive when run out of intellectual ammunition. *sploink*. Omigosh, he's shooting blanks.

      I have quite aptly demonstrated the way that GPL limits commercial organizations. This was my basis for observing that government should not be in the business of preferring or mandating such a license. Public domain is unrestricted, and should be the preferred model for works produced by the public's funds.

      C//

    8. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      I have neither run out of intellectual ammunition nor have engaged in shooting blanks. I have...

      What you have done is become increasingly shrill and aggressive, thrown around insults, stooped to name calling, and otherwise fully engaged yourself in the normal tactics of dominance that are usually attempted by individuals who have weakly articulated positions and can't stand to have their opinions openly criticized in a public forum. Those are the facts. Do with them as you will.

      C//

    9. Re:Open source, yes. GPL, no. by mpe · · Score: 2

      A corporation cannot, as a matter of reduction to practice, incorporate a (full) GPL product in a release of its own software, because doing so requires them to give up intellectual property rights on their own works (the linking clause, read it yourself).

      "You cannot do X, because in order to do X you would need to do Y." When nothing stops you doing Y, is an interesting piece of "logic". Also you are making the false assumption that most corporations are in the business of selling proprietary software, which is simply untrue. So the argument is utterly meaningless, since they have none of their "own" software in the first place or if they do it's a set of alterations to GPL code which are utterly useless on their own.
      Indeed there are probably quite a few corporations, for whom owning (not licencing) proprietary software would cost money. Since their business has so little to do with selling software, they'd be like a bookshop which owned pedigree kittens.
      For the vast majority of corporations software is part of their infrastructure. It's not really much different from cables, pipes, even the buildings they use.

    10. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      Since their business has so little

      But this is just my point. The U.S. government shouldn't be in the business of selecting a particular business model to favor. Keeping it all open and public is correct for the U.S. government. Contrary to your (and the other rather rude poster's) seeming impression, I'm not anti-GPL. I've used GPL products in the past, and even have some in development that are planned for release _under_ the GPL. I am, however, quite painfully aware of what it means to me as an intellectual property worker to consider integrating GPL code. It's a big deal.

      While I have nothing at all against a private intellectual property owner releasing their own things under GPL, I'm very much against the government doing so as a matter of preference. It's fully discriminatory in the sense that it discriminates against an entire business model.

      The government should _NOT_ be in the business of doing that.

      C//

    11. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      Now, how about you come out from behind your cloak of anonymity so we can all learn who you actually are?

      I note how you are now attempting to use intimidation and harrassment to further your goals. Am I to assume that if you knew who I "really am" that you would do something about it? Interesting implication. Am I supposed to feel frightened? LOL.

      It appears that you can't open your mouth without revealing more and more about your inner nature. By all means, do continue speaking.

      *sneer*

      C//

    12. Re:Open source, yes. GPL, no. by Courageous · · Score: 2


      realize none of this can possibly change your closed-source mind,...

      You're making stuff up, now. If insults and name-calling don't work, try blowing over straw men, is that right?

      I should have to say? A full page diatribe? I must have really struck a nerve.

      C//

    13. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      Try reading it and thinking, instead of just typing insults and punching "Submit", for a change.

      Your bad behavior began as you entered this thread, as is plain for anyone to see. Review it yourself. You began it with and insult, and proceeded full steam ahead. I made three attempts to converse with you reasonably. You've justifiably earned my contempt. Go away, little man.

      *sneer*

      C//

    14. Re:Open source, yes. GPL, no. by Courageous · · Score: 2

      It's true. If your manager or you have had an executive officer delegate to you the right to unilaterally surrender the intellectual property rights of your company at your discretion, you can do so. I'd advise you to get it in writing, however. Making a mistake here could be a career-busting move.

      Hyperbole aside :), and rhetorically, how many people do you think in major corporations are given the right you describe? Come now. You _know_ the right answer is "miniscule", right?

      The problem here is not with LGPL, BSD, or other licenses. My angst is specifically against the full GPL and its linking clause. It's bad mojo if not handled with the greatest of care, and wildly inconvenient.

      Keep in mind that I've opined previously right here on slashdot that _all_ software developed under contract to the government by open sourced. Outside of security concerns, things paid for by public money should enter the public trust.

      The GPL, however, excludes software sellers from creating interesting derivatives of these works. Derivitive works which are substantially original should be protectable intellectual property.

      Treating intellectual property generating organizations like third class citizens is not the correct thing to do with works made from the public's money.

      C//

    15. Re:Open source, yes. GPL, no. by mpe · · Score: 2

      But this is just my point. The U.S. government shouldn't be in the business of selecting a particular business model to favor.

      Which is exactly what they are doing by letting Microsoft dictate to them.

      Keeping it all open and public is correct for the U.S. government.

      Which is something the GPL does perfectly. So what's the issue.

      I am, however, quite painfully aware of what it means to me as an intellectual property worker to consider integrating GPL code. It's a big deal.

      It's a big deal to the tiny minority in the business of producing proprietary software for sale to third parties. For the vast majority of people, including the vast majority of people who work with software, it is no deal at all.Most software development is done for a specific requirement either in house or by contractors. If the work is done in house there is no distribution to third parties. If it's done by a contractor then the client gets a copy including the source and the contractor can still use what they did for future contracts.
      Is your pain of integrating GPL code really a problem caused by the GPL or is it actually a pain caused by proprietary code?

      While I have nothing at all against a private intellectual property owner releasing their own things under GPL, I'm very much against the government doing so as a matter of preference.

      So you are saying that the US government cannot take and alter GPL code? Even if doing so would cost far less that either writing something from scratch or buying licences to third party proprietary software. Maybe the US government should take a census of the objectors to their using GPL code, so that if they need to spend extra money they know who to send the bill to :)

      It's fully discriminatory in the sense that it discriminates against an entire business model.

      As opposed to discriminating to protect a minority business model. I'm sure in it's history the US Government has trashed lots of business models. Sometimes inadvertantly, as in this case, sometimes very much deliberatly. Should the US allow slavery, stop building public roads, remove all regulation of public utilities, disband all publicly funded law enforcement, etc. Just because these discriminate against someone's business model?

      The government should _NOT_ be in the business of doing that.

      Wrong goverments should not put private profits before fulfiling their mandates. The mandate of the NSA is the protection of the national security of the USA. It is not protecting the profitability the Microsoft Corporation or any other corporation or individual present on US territory.
      It cannot be stated often enough that there is no right to make a profit from commercial enterprise in general. In a free market capitalist economy if you no longer can make a profit from a specific business model (for any reason) they either you change business model or cease trading (if you are smart you do this whilst you still have assets). It's quite possible for your busines to become unviable due to government, indeed some business models are explicitally made illegal.
      WHy should proprietary software have special protection not given to slave traders, ice cutters, buggy whip makers, etc?

  82. Redhat by krmt · · Score: 2

    The article does say that Redhat is working with the NSA on something, although they don't tell you what it is. While they say that Redhat has the money to get certified, I'd be surprised if they really wanted to put forth that money to get it done. Then again, I have no idea what the cost/benefits ratio really is, so maybe that's something they're working on.

    Either way, the SELinux stuff is GPL'ed, so I'd bet Redhat has taken it up and continued to work on it. There will be competition with Windows for the secure government desktops, and I know that the NSA understands the value in having the source GPL'ed. They just want to be able to cast the "guilt" on to Redhat when talking to Microsoft.

    --

    "I may not have morals, but I have standards."

  83. Re: Liberal Groupthink by 1010011010 · · Score: 2

    Nah, you're a "Welfare Statist."

    Welfare Statists advocate forcible (re-)distribution of wealth by the government (can't do it without using force), and government control (at some level) of the means of production. But not outright ownership.

    "Welfare Statists" are generally "Liberals." "Socialists" are generally "Authoritarians" or "Totalitarians."

    I'll take "welfare statists" over "socialists" any day, they're a much more reasonable bunch. Of course, the more capitalism and freedom-oriented the "welfare statist" is, the better I will like him.

    --
    Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
  84. Intelligence sharing by marm · · Score: 2

    The abuse done by the NSA during the Nixon years caused a lot of severe curbs (both open and classified) to be placed on the NSA, and those laws have serious teeth that will bite anyone violating them.

    Indeed. However, there's absolutely nothing stopping a friendly foreign signals intelligence agency (say, the UK's GCHQ or Canada's CSE) from gathering intelligence on US nationals, and then passing that intelligence back to US agencies through the formalised intelligence sharing agreements that exist. Of course, the NSA isn't allowed to even solicit such information, but how hard do you think it would be for GCHQ to find out who the NSA is interested in, or simply make the judgement call on who to monitor themselves?

    Which means that in reality, those safeguards against spying on your own people mean absolutely nothing. The NSA can enforce those regulations as tightly as they like, and all it does is create warm fuzzies. They'll still be getting all the intelligence they want.

  85. Re:Why Linux sucks by jesco · · Score: 2, Informative

    First, the individuals:

    > Linux is slower and less stable than windows
    A far too generic comment.

    > The few Apache/MySQL vs IIS/MS SQL tests I have
    > seen have been won (sometimes dominated by)
    > Windows

    You can't really compare mySQL and MS-SQL. mySQL is a lightweight database, MS-SQL tries to play in the same league as Oracle, DB2.

    And while I don't have any links at hand to prove you that you're wrong about the speed-comparison, I think that Apache is fast enough for most websites. Let alone the security issues IIS has ;)

    > WinXP Pro comes with a 480 meg CD, Mandrake is 3
    > CD's and SuSE is 7

    This is because MS only gives you the basic OS with some goodies, whereas Mandrake/RedHat/SuSE t al. offer you an OS _and_ applications. In most cases you don't need to download/buy anything else than a Linux distro. It already has everything you need.

    > Installing software on a Linux system is badly
    > broken.

    That'S what RPMs are for. Despite Win32 installation program, RPM keeps track of dependencies. Windows can't do that out of the box.

    > The exists no development environment more
    > compelling than gcc and emacs, for this reason
    > Linux apps will always be behind

    kDevelop, Kylix, only to name the two most professional ones. For Windows there MSVC++, which is actually a neat DevIDE, but it costs quite much and has issues of its own.

    That said, a more general comment by me:

    Linux can be a pain in the ass. Setting up a system is, for a (technical skilled) newbie much more difficult than setting up a Win32 box. Trying to make Linux do something can be quite some (research) work, and during that time you may say 'Oh what a crap system, nothing works.', but once you figured out how to do it right, Linux will rarely fail at its new job.

    WinXP, on the other hand, is the best piece of code that left MS for a few years. It's stable, clearly multimedia-orientated, has a neat UI-design and runs everything you want. But it can be as much as pain in the butt as Linux, when your apps start crashing because you uninstalled a small shareware tool which removed a crucial DLL. Let a newbie figure that out... :o

    But quite frankly, I wouldn't use Linux as my desktop OS if there wasn't this DRM/security stuff.

    Summarized: Both OS'es aren't bad. Each has its use. I happen to favor Linux, you favor WinXP. But try to stay constructive :)

  86. public domain vs. open source vs. proprietary by Dan+Crash · · Score: 2

    It's kinda disingenuous to say, "If the government produces IP, everyone should get a piece," and then turn around and say the government can pay others to produce software for it that everyone won't get a piece of. If you're paying a winning bidder to develop government software that relies upon an Open Source license like the GPL, ultimately, taxpayer dollars are being spent developing non-public domain software.

    I'm not attacking you here; I've been thinking about the same thing myself for a while. Public domain is pretty obviously the best way of developing & releasing government source, since it preserves the ability of the code to be used for either proprietary or Open Source projects in the future. But limiting ourselves to public domain software is likely to be grossly inefficient as Open Source becomes more and more pervasive.

    My own feeling is that guidelines should exist which take different licenses and their cost of development into account. For instance (very roughly):

    All things being equal,

    If the cost of creating public domain software is 150% or more of the cost of coding comparable software which relies on GPL code, the GPL software should be chosen.

    If the cost of creating software which relies on GPL code is 150% or more of the cost of licensing comparable proprietary software, proprietary software should be chosen.

    ____

    The actual percentages could change, obviously, but should still embody the notion that there is an acceptable amount extra we will pay for public domain software, and a smaller amount extra we will pay for Open Source software. Proprietary software is the worst deal, since it leaves us nothing to give back to taxpayers, so we should only choose it if it does everything we want and it's much cheaper than any other solution.

    --
    He who refuses to do arithmetic is doomed to talk nonsense.
    1. Re:public domain vs. open source vs. proprietary by Elwood+P+Dowd · · Score: 2

      It's kinda disingenuous to say, "If the government produces IP, everyone should get a piece," and then turn around and say the government can pay others to produce software for it that everyone won't get a piece of. If you're paying a winning bidder to develop government software that relies upon an Open Source license like the GPL, ultimately, taxpayer dollars are being spent developing non-public domain software.

      Right. Except the reason it's unfair for the gov't to distribute code that is not in the public domain is that they can unfairly compete. They can levy taxes to support their competitive efforts. This is wrong.

      If the government has a fair bidding process that is blind to 3rd party licensing, then there is no way anyone can accuse them of unfairness. A Redhat shop could win the bid, or a MS shop could win the bid.

      I realize that we would all prefer our tax dollars went to GPL software. However, other people would prefer that our tax dollars went to their proprietary software companies. Neither of us can *prove* greater good. I'd rather not have the government deciding which of us is right. Thus, competitive bidding. The government should use software to fulfill it's mission, and it should do it in the most cost effective fashion available. Bar none.

      Of course, for those of us with the long view, it's pretty clear that at some point in the future, most contract solutions would be cheaper/better using free software. We'll keep that long view to ourselves and hope that MS doesn't see.

      I, too, do not mean to attack. Do you see how Gov't produced GPLed software might be objectionable, while contract-produced proprietary/GPL/BSD/whatever software would not? It's about unfair competition, not the type of license that tax dollars contribute to.

      --

      There are no trails. There are no trees out here.
  87. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  88. Re:Your third point is wrong, and that's the probl by mpe · · Score: 2

    So proprietary software vendors (like Microsoft) DON'T get to use the improvements - at least not verbatim.

    This is Microsoft's choice.

    The improvements carry the Gnu Public Virus

    No they carry an antibody against the proprietary software virus. The likes of Microsoft can't simply appropriate the code.

  89. Define "knowingly" by yerricde · · Score: 2

    If you post it on the net, then there's nothing stopping [Axis of Evil] countries from getting the code. Hence, doesn't that put one in murky legal waters?

    Not under the definition of "knowingly" used by BIS. Did you read the regulations I linked to? 740.13(e)(6) clearly states (my emphasis):

    Posting of source code or corresponding object code on the Internet (e.g., FTP or World Wide Web site) where it may be downloaded by anyone would not establish "knowledge" of a prohibited export or reexport.

    And if you really want to cover your rectum, you can make a "best effort" by looking up the IPv4 address ranges for the popular ISPs in the Axis of Evil, and just firewall those off.

    --
    Will I retire or break 10K?
  90. This is a good example. by benedict · · Score: 2

    In response to the article about the Tim O'Reilly
    editorial the other day, I said that if the open-
    source community is afraid to lobby, we will only
    ensure that we are not heard in the halls of
    power. This is a lousy situation, but a great
    example of that phenomenon at work. Microsoft is
    not afraid to make government aware of their
    positions. Well, if we believe that open source
    software promotes openness and prevents vendor
    lock-in, and if we believe that those are good
    goals for government -- as many of us do -- then
    we should not hesitate to explain our reasoning
    to our elected representatives and appointed civil
    servants.

    --
    Ben "You have your mind on computers, it seems."
  91. Re:Govt needn' t advocate anything Re:infrastructu by the+red+pen · · Score: 2
    • I don't WANT a government-developed OS.
    You're soaking in it! If you are using Linux, then you are probably using networking infrastructure developed by Don Becker on NASA's time. They supported his work, and he felt that as a government employee, he had a "patriotic duty" to develop technology that could be used freely by the citizens who paid his salary.

    If you don't agree with that, go use Microsoft Windows and don't forget to pay the proper per-connection license for your non-government network stack.

  92. GPL and choice by commodoresloat · · Score: 3, Insightful
    Gov't should not be writing GPLd software that cannot be used in proprietary applications.

    This is absurd. GPL'd software can be used by anyone willing to abide by the terms of the license. If a company chooses to make proprietary software and not release the source, they are voluntarily choosing not to use GPL'd software. It is ridiculous to say that they "cannot" use the software; that is a choice they made based on their own business model.

  93. Damn national parks by Sabalon · · Score: 2

    No wonder disney and six flags can't provide such good service anymore, you have all these national parks competing for business at a much lower price.

    Tonight at 11: Kraft and Velveeta to sue US for government cheese cutting into their business.

  94. GPLed code and Microsoft - sauce for the goose by Ungrounded+Lightning · · Score: 2

    Microsoft already does release GPL'ed code it did not write ...

    Not relevant.

    Here's another thing Microsoft can't do with any government code put out in the public domain: it can't monopolize access to that code the way it does to Windows code it writes itself

    But we're not talking about code in the public domain. We're talking about code under the GPL. Such code is "monopolized" by the Open Source Community.

    If the code were in the public domain (or under some other licenses, such as BSD), Microsoft could integrate it, or its features, with the core of its own systems, and distribute them without revealing the source. They couldn't stop OTHER people from doing the same. But other people count't stop them, either.

    But the code is under the GPL. The GPL is a RESTRICTIVE LICENSE, based on copyright. If Microsoft integrates such code into one of its OSes, that puts the whole OS under the GPL and requires Microsoft to release the source.

    And the NSA's changes aren't ADDITIONS to Linux, but MODIFICATIONS to it. So they're a derived work, and if the NSA releases it it MUST release it under GPL. They don't have the option to release their enhancements into the public domain or under any other license.

    Linux is under the GPL, a restirictive license that makes its internals useful to the Open Source Community but not Microsoft. Microsoft's OSes are under the Microsoft ELUA, a restrictive license that makes them useful to Microsoft (and to some extent to its customers) but not to the Open Source community. The NSA is just as much in the wrong when it uses taxpayer funds to enhance Linux and give the enhancements to the Open Source Community but not Microsoft as it would be if it used the same funds to enhance Windows 2000 and give the enhancements to Microsoft but not to the Open Source Community.

    So Microsoft was right to squalk. And the NSA was right, once it was pointed out, to stop working on Security Enhanced Linux.

    I don't like it either. And I understand that the viral terms of the GPL exist explicitly to prevent a variation of "Embrace, Extend, Extinguish", to wit: "Embrace, Enhance, Exclude".

    But if the Open Source Community licenses its work in a way that excludes the closed-source community from using the result, it must expect to work without government subsidies. (Or at least without more subsidies that Microsoft, and Sun, and Apple, and SGI, and HP, and IBM, and Amdahl, and SCO, and any other closed-source OS company receive.)

    The cost to a closed-source company for using GPLed code has been characterized as "more expensive than money". Seems that catchphrase applies to the cost to the Open Source Community as well.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:GPLed code and Microsoft - sauce for the goose by mpe · · Score: 2

      Here's the truth: GPL's license restricts only, for all intents and purposes, private parties from adding other restrictions to software, so it favors everyone, and disfavors those who would take away freedoms from the public.

      Very few entities have any interest in slapping restrictions on pieces of software in the first place. The only ones who do are those who sell proprietary software as their main or only line of business.

      MS's EULA restricts people from viewing, talking about, benchmarking, copying, reverse-engineering, etc., etc., their code, so it favors only Microsoft (by easing their business-model issues) and disfavors everyone else.

      A sizable proportion of people would want to do one or more of these things.

  95. Isn't it Share and Share Alike? by Tsujigiri · · Score: 2

    I'm not trying to start any arguments here, but I do think a couple of things are quite ammusing.

    Firstly, the complaints are that a US government agency is providing security patches internationally for a product that was designed and built internationally. If they want a Kernel using the NSA security code only for use by US companies, I think that it should only be allowed to use the kernel code developed in the US. Pretty non functional I'd think. It's pretty poor of them to say, "we'll take all the code developed by foreign private companies and foreign governments thanks, but you lot arn't alowed to touch US Gov funded stuff!". If they (private or government) want to build on shared code, they should provide it.

    Also I think it's ammusing that MS is kinda fighting on behalf of RedHat. :)

    --

    "I'll take the red pill. No! Blue! AAAaaaahhhhhhhhh"
    - Monty Python meets the Matrix

  96. Re:The article makes at least one mistake by mpe · · Score: 2

    If the NSA had wanted to make a secure version of FreeBSD, then the fruits of the research would have been available to everyone.

    The results of would be available, to everyone, regardless of if the code was released BSD, GPL, or public domain. The only difference is that GPL code cannot be mutated into proprietary software. For most people and corporations this isn't any kind of issue at all, since they would never want to do this in the first place.

    It is because they choose to use Linux, which is licensed under the GPL, that they received complaints because the fruits of the research would be available only to non-commercial entities.

    This is completly untrue, it is equally available to all entities.

    There are drastic differences between the BSD and GPL licenses,

    These "drastic" differences mean nothing to most people. Since they involve a set of actions which few people would even consider. It is also highly questionably that any entity should be allowed to perform these actions on publicly funded material in the first place.

    and it is extremely frustrating to see those issues either not addressed, or purposefully blurred. Commercial software developers are not complaining about Open Source, they are complaining about the GPL.

    Proprietary software developers, a very tiny group, are the ones blurring the issue. Demmanding that the interests of the majority be subverted to protect their interests. (N.B. "commercial" is not a synonym for "proprietary".) In this case it isn't even the tiny group it's a minority of one. If a regular person had complained to the NSA, even if they had a more valid complaint, would any notice have been taken of them?

  97. Re:The article makes at least one mistake by mpe · · Score: 2

    Some technologies lend themselves rather badly to being closed up into proprietary black boxes and I think the domain of secure software is one of these such areas.

    It's quite possible that proprietary software is really best suited to highly specific applications and not as "software infrastructure". Though it is probably possible to "make do" with using proprietary software in this way.

    Some things need to be maintained regularly for long periods of time. Commercial interests often fail far short of doing the job adequately.

    There is a lot which falls into this catagory, most commonly in government usage, since government tends to have to keep data secure for a long period of time. However even commercial users of software often have such requirements.

    I think there is value in insisting that security technologies remain open-- ensuring that critical security software continue to be properly maintained.

    Security is an issue more or less fundermentaly incompatable with the ideas behind proprietary software.

  98. The FSF would probably take it by bill_mcgonigle · · Score: 2

    I'm sure they could work out an arrangement whereby the FSF would add final spit and polish (say, a README) and accept copyright of the final work.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  99. Re: hacking funded by government by Elwood+P+Dowd · · Score: 2

    Based on what I wrote, the government would not be able to produce something like SELinux and release it to the public, because it would require a massive licensing violation to put someone else's GPLed work in the public domain.

    Similarly with Windows. The Gov't should not hack windows. That would be unfairly assisting MS.

    --

    There are no trails. There are no trees out here.
  100. Re:What if MS bought patents to SELinux? by mpe · · Score: 2

    If I were Microsoft, I would attempt to buy the patents to the Mandatory Access Controls as used in SELinux,

    Using patents against the government which issued them is kind of a non starter. Especially if the magic words "national security" are involved.

  101. Re:Why Linux sucks by walt-sjc · · Score: 2

    For any horror story on software installation on Linux, I could come up with one for Windows too. For all the "reasons" someone comes up with for why linux sucks, I could come up with Windows couterparts. It's pointless.

    I've got a major newsflash for all you OS bigots. Learning a new OS requires learning new skills, terminology, etc. It takes time. OS's are also different. Yessiree, folks. Setting an IP address on Windows is different than Linux, the Mac, VMS, AS/400, Mainframe, etc. Each OS has it's strengths and weaknesses, but YOUR lack of skill is NOT a weakness in the OS. The poster who claims that his linux kernel took 175M is a good example of someone who does not have the skill or knowledge to understand what he is doing / seeing (which in this case it's probably the fact that Linux uses most of the available memory for buffers / cache, and free's it as needed for other uses. One of those "performance enhancing" features.)

    Understanding a feature and understanding the CONCEPTS behind the feature are two different things. Someone with conceptual / theoritical knowledge is going to be able to pick up a new OS easier than someone who doesn't. Someone without the conceptual knowledge moving from one OS to another is going to try apply the old OS's features and behaviors to the new one and therefore will have LOTS of problems. Stick a Windows user in front of a Mac for the first time and watch them squirm.

    Yeah, a newbie installing Linux for the first time is going to be JUST AS CONFUSED as a newbie installing Windows. So what's a newbie to do?

    First, any novice should buy a book on linux and READ THE DAMN THING. There are several modern distros that are well geared towards the novice. Most install MUCH easier than windows. As long as your hardware is listed as being supported on the compatablility matrix for the distro, things just work. Once installed, the system is fairly self-maintaining, and virtually anything can be done via GUI tools. Users don't need to use vi or emacs, they can use one of the bajillion other editors out there for either the command line or GUI. The solution to virtually any problem a newbie may face is easily solvable by typing a few keywords into google (since ALL linux documentation is online) or browsing the online manuals that come with the distro to find the solution. Next, get the damn book out again and try some of the examples. Learn the system. It's NOT that hard - if my 65 year old non-computer literate mother can do it, and my 9 year old nephew can do it, so can you.

    Enough of the tired old whiney claim that Linux is hard. It's 100% FUD at this point. You just make yourself look incompetent.

  102. Re:They are doing all wrong... by mpe · · Score: 2

    The goverment doesn't design aircraft, they pay boeing and lockheed martin to do it. So why should they program a secure OS?

    Not quite the same thing, since an aircraft is a physical machine which requires complex specialist manufacturing facilities

    They shouldn't! Pay someone else to.

    So governments should have a policy of paying private corporations, with tax payers money, even if they could do the work more cleaply themselves? Why not just have a "corporate support tax"?

  103. Re:Microsoft is half-right. by mpe · · Score: 2

    It seems to me that ALL software produced with our tax dollars would represent a threat to commercial interests and should cease and desist immediately.
    -unless the development work is given to US companies.
    -and ONLY to US companies. No open source licensing allowed !
    At least according to Microsofts argument.


    Even leaving aside the 14th ammendment issues how exactly would you define "US company"? Being incorporated in the US would include plenty of "foreign companies". Attempting to work out comany ownership is not always simple, especially when you have companies able to own parts of each other in complex ways, when all of the companies involved are traded on a public stock exchange.
    Maybe if someone were to come up with a definition Microsoft wouldn't actually qualify as a "US company" anyway.

  104. Re:My tax dollars and the GPL by mpe · · Score: 2

    Simply put, I do not want MY tax dollars going towards development of software licensed under the GPL. If my tax dollars fund development that goes into the public domain, fine. If my tax dollars fund development that gets licensed under the GPL, NOT FINE.

    So you'd be happy to pay more taxes to compensate for the inability of government to modify GPL software in any way. You'd prefer if instead they either wrote from scratch (and released as public domain) or paid for proprietary software, either of which are likely to cost a lot more tax dollers than taking some GPL code, modifying it a bit then complying with both the rules requiring the publically funded work be made public and the GPL...
    When it comes to spending public money there are usually rules about not squandering the money. Not allowing government departments to modify GPL software (which is effectivly what a "government may not release GPL software" type rule does, since, unlike private individuals and corporations, they are obliged to publish any modifications made) means that they can have to spend considerably more money, with no apparent benefit to anyone, except possibly a few corporations who didn't contribute their fair share of tax dollers in the first place.

  105. Re:Your third point is wrong, and that's the probl by mpe · · Score: 2

    These licenses are public-minded in the sense that they are specifically authored to ensure long-term free public access to the code -- the source [GPL] or the binaries derived therefrom [BSD], put simply -- and they do not discriminate against any individual or organization, nor do they restrict freedoms such as of speech once any such entity accepts the terms of these licenses. It is precisely this sort of public-minded, freedom-oriented licensing that Microsoft finds frightening,

    When did "to further progress of science and the useful arts" become "to further the profits of big business" anyway?

    because it cannot conceive of a future in which its business model, of selling closed software under licenses that stifle speech to people who think Software Is Magical And Thus Requires Great Expenditures By Huge Corporations,

    To the vast majority of companies software is infrastructure. Even people who may think having clean water piped through out a building, electricity, high speed LANs, telephones, etc are "magical" generally understand that to get these sort of things sorted you can either employ people who know about them or get an external contractor in. No-one in their right mind would chase half way across a continent (or even the planet) to get a magic plumbing kit or a magic cabling kit or even a magic building kit. But somehow Microsoft has managed to sell the idea of a magic software kit, an off the shelf product which will cover all your companies needs without needing to employ an expert to set it up. Maybe because software is newer than buildings, plumbing, etc and there is no real material cost involved in deploying it.

  106. Re:Open source, yes. GPL, no. Public domain, no. by mpe · · Score: 2

    but I think that it is important that properietary software vendors don't have to jump through a bunch of hoops in order to use the results of government sponsored software research.

    It isn't the job of government to ensure any business models work and never break. Why shoudl proprietary software vendors get special treatment?

  107. Re:Open source, yes. GPL, no. Public domain, no. by Courageous · · Score: 2

    Your point is germaine. It's not the job of government to select business models. Picking GPL is a selection; one that specifically excludes certain models. Hence my original comment that public domain is more appropriate; or more open licenses (like the essentially unrestricted BSD, Apache, and similar licenses).

    C//

  108. Re:Open source, yes. GPL, no. Public domain, no. by mpe · · Score: 2

    Picking GPL is a selection; one that specifically excludes certain models.

    It's an implicit choice, since they started with GPL material and obeyed the licence. N.B. none of the actual copyright holders are complaining about this.

  109. Re:Open source, yes. GPL, no. Public domain, no. by mpe · · Score: 2

    That is exactly my point as well as that of the original poster. Proprietary software vendors should not get special treatment and neither should open source projects. In my opinion the GPL would amount to special treatment of open source efforts.

    Proprietary software vendors are PSVs out of their own choice. No third party went to them and said "you are a PSV, you will always and forever be a PSV". Should corporations be protected form possible negative consequences of their own actions?

    Given that you have some software that was funded by the government what should be done with it? In my opinion you want to maximize that value of the software to the people who paid for it, i.e. the people of the country.

    By this criteria Microsoft probably shouldn't be considered part of the people who paid for it in the first place.

    My opinion is that the best way to maximize the benefits for the people is to choose a license that maximizes use while also ensuring interoperability and thus competition.

    If the US government cannot release GPL code then the only way they could make use of GPL code is to use the programs unmodified. This potentially places a huge and expensive restriction on the US government. Where they could have taken a GPL program and modified it a bit they now have to either develop from scratch or buy from a PSV.

    The GPL does not maximize use while the public domain does nothing to ensure interoperability.

    So maybe you;d need something else for software originated by the US government. The thing is that the issue is more about the US government creating derived works under licence. You'd also need to ensure that they are not restrained from modifying someone elses code, where the copyright holder is perfectly happy for them to do so. Otherwise this would be restricting the interests of the directly involved parties, the US Government and the GPL copyright holder, in order to satisfy some third party PSV.

  110. Re:Open source, yes. GPL, no. Public domain, no. by Courageous · · Score: 2

    But this is the thing. Government employees should not be in the business of giving up their intellectual property rights to private organizations. Why? "Their" intellectual property rights are actually _ours_.

    C//

  111. large misunderstanding of our rights by No-op · · Score: 2

    the constitution and the bill of rights do not delineate the only specific rights that you have- they are merely a list of rights that the founders felt needed to be enumerated for clarity. you are given the right to more or less EVERYTHING barring items that conflict with existing laws (and even that is arguable- you can claim, for example, that the DMCA and other 'corporate laws' violate many rights.)

    don't assume you are only given what is listed- that's not how it was intended, and now how you should perceive it.

    --
    EOM