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All Source Code Should Be Open, Revisited

cconnell writes "In my last article, I presented the idea that all commercial source code should be open. In other words, part of the delivery package for any software purchase should be a copy of the source files. If everyone saw software vendors' design and coding, the vendors might stop shipping us such lousy programs. The article generated a fair amount of controversy. My latest piece follows up on this idea and includes a few adjustments that respond to reader feedback."

509 comments

  1. what? by nogoodmonkey · · Score: 5, Insightful

    the cost to develop an app will always stand before cost of quality of the app. to think that every commercial app will be released as open source is very naive.

    1. Re:what? by nogoodmonkey · · Score: 2

      i hate replying to my own posts, but i meant "that every commercial app should be released as open source"

    2. Re:what? by Anonymous Coward · · Score: 3, Interesting

      It keeps coming to the forefront of my thoughts. As all the antitrust suits, patent battles, and digital rights management debates escalate; one idea continues to permeate my understanding. It seems simple enough. The difference between the protections required in the physical versus the virtual (or information) world is that in one you can inspect an object, hold it in your hand, and run an infinite number of tests on it; but in the other, the finished product can be like a black box, having only the properties that the creator desires. This is not profound, of course, and many people would debate the statement entirely. But the essence is true, at least if you were to follow the letter of the law. Closed source software puts limitations on what people can legally learn about it.
      Given the example of an auto versus a software product, why should these two creations be treated differently? Here is a scenario that could apply to both the products. Imagine an inventor who comes up with an idea for a new product or type of product. This person spends years designing and developing their new product. Finally, they complete it and release it to the market. Now imagine another inventor who, through industry research, finds the work of the first inventor and comes up with a great complimentary product idea. Because of the second inventor's dependency on the first inventor's product, they require details of how their product can be added on or interact with the first. Here is where the paths of the physical versus virtual worlds diverge.
      Let's examine the auto industry first and assume the complimentary product is a cup holder. The design of the cup holder is dependent on the design of the car. In order for the second inventor to design their product, they could use a variety of devices and methods to inspect the car (or cars) to determine the best way to make their product compatible with the car.
      Now, let's assume the complimentary software product is a browser and the original invention is an operating system. What methods can the inventor of the browser use to determine the best way to make their product compatible with the operating system? For a closed source product in the current legal system, the inventor would not be allowed to inspect the code to see how their browser should interact with the operating system. They would have no knowledge of any benefits or drawbacks to a particular approach. The only remedy for the developer would be to request details from the inventor of the operating system about how they should interact with it. Furthermore, they must trust that this is the best method of interaction without being presented proof. In many cases, the inventor of the browser may be required to pay to even get that basically blind and minimal information.
      Why the distinction between the two scenarios? When advocates of this system are questioned about this discrimination, they usually cite one or more of the following reasons:
      Protection of intellectual property and proprietary processes against theft or duplication
      Encouragement of innovation
      Security against attackers
      The first reason has many different variations and aspects that people endorse. Who would want to be on the supporting end of theft and piracy? But this argument is empty. Individuals or organizations that want to steal or copy an inventor's creation can always find illegal means to accomplish their objectives; therefore, the only people it prevents from gathering information about the product are law abiding citizens. To clarify using our example, pirates and copiers of the operating system are not inhibited by the fact that it is closed source. The only person harmed is the inventor of the browser who is attempting to create a valuable addition to the operating system.
      All three of these lines of reasoning offered by supporters of the existing system overlap in some way, which adds to their circular reinforcement of each other. The second argument is the most general and also the one that is the most incorrect. Patents and licensing have been created to encourage inventors to take the risk and time to create something valuable for the market. Somehow, supporters of closed source see their actions as an extension of this system. But as you might have guessed by now this belief solely rests on the first argument being true. People will always be willing to innovate as long as they believe they will be rewarded and that the distinctiveness of their product shall be protected. This means that they will be able to sell or license their product and that if someone should copy their product in part or whole that their rights will be upheld in court. In the software world, patent and licensing laws obviously provide the rewards for the inventor. But what is not always clear is that they also provide protection, especially when the source code is open. It is relatively easy for someone to examine two sets of code to determine if it had been copied. These facts are the reason that innovation will always thrive in an open source market. One need only look at the current open source initiatives to see some of the most innovative technologies.
      But how does closed source systems influence innovation? Under the example I described with the operating system, there is only a detrimental effect on innovation. The operating system creator will be the only entity with the proper knowledge to create truly compatible products. All others will have to depend on that entity for information on how to create products that interact in an efficient manner. That dependency creates a barrier to entry that is quite formidable. If the inventor of the operating system also creates a browser product, the situation is even more discouraging for potential inventors. While the inventor of only the browser has to blindly trust the operating system creator about how they should interact with it, the inventor of the operating system can create a browser product with full knowledge and access to the source code of the operating system. This does not seem like a situation that promotes innovation.
      The last reason cited to uphold the right to keep source closed is based on the fact that it already is. The argument contends that if potential attackers had access to the source code of a product, they would be able to find possible security flaws and exploit them. Empirically, this logic does not hold up to scrutiny. Closed source software has been found to have the most and worst security flaws simply because the number of eyes that get to inspect the code. Numerous entities typically inspect open source code whereas closed source code only one gets to inspect it. This leads to less overall flaws when the software is released and also the discovery and remedy of flaws at a much greater rate after the software is in general use. When presented with this evidence, supporters of closed source do not challenge it. They only contend that since there are already people using this less secure software, the source must stay closed to protect the existing user base. Again, this logic is flawed and contradicted by empirical evidence. New security holes are found and will continue to be found in closed source software. Making the source code open only speeds the location and correction of these security issues. Is it better to know you have issues and fix them or to know that there may be many holes lingering that you will never find?

      Someone once said, buying closed source software is like buying a car with its hood welded shut. People sometimes dismiss this statement by saying they do not want to worry about what is "under the hood." I can understand this desire but the customer is not the only one whose desires matter. Closed source code provides no protection against piracy, theft or security breaches. More importantly, closed products of any industry stifle the spread of knowledge and therefore innovation. There should be a measurable economic and sociological impact that can be identified and analyzed. Many laws are brought into being when the rights of the many need to be enforced over the rights of a single individual (or entity). This inequity (between physical and information industries) is one such case where entrepreneurs and inventors need to be protected from entities seeking to stifle innovation, and therefore, economic growth.

    3. Re:what? by mr3038 · · Score: 2
      the cost to develop an app will always stand before cost of quality of the app

      I agree partially. The key concept here is the cost. Sure, I'd love to have source for all the programs I ever use. I still understand that creating that software has taken very much effort and generally companies are selling software at very cheap price. And they're able to do that simply because they can count on selling something more later on. As long as I use commercial software I'll rather use somewhat usable software that costs C bucks instead of somewhat usable software with crippled source (read the article) that costs ten times more.

      Yes, it sucks that they implement some trivial changes and sell the result to their customers for full price as version N+1. I still don't understand how this differs from, for example, car manufactures: cars have had gasoline engine, four wheels and a steering wheel for god knows how long. Newer cars may have a radio with cd player, a little quieter sound, somewhat different looks and in best case the engine needs a little less fuel for the same mileage. I'd say those changes are trivial but still people aren't complaining. Yep, I'm aware that manufacturing a car requires material and stuff and should therefore cost full price even though the product is almost similar to previous one. When you buy a car, you pay for manufacturing it, but when you buy a piece of software, you pay for the design. What's the difference after all?

      --
      _________________________
      Spelling and grammar mistakes left as an exercise for the reader.
    4. Re:what? by Anonymous Coward · · Score: 0

      I hate you. I really, honestly hate your cut-and-pasting pathetic self. Honestly.

    5. Re:what? by nogoodmonkey · · Score: 4, Insightful

      You got me thinking. I could pop the hood on my car and figure out how it works, but I don't. I know people are curious as to how it works so they do, but a lot of us just take the invention for granted. Maybe if a company released source with their software, this same type of thing would happen. The "power users" would be able to see how the application works and in an end result they will know how to use the software better or be able to tweak it to be more suited for their needs. Then the regular users would just use the program, know that the source is there if they ever wanted it, but probably would never touch it.

      I would just be fearful that the wrong people would look at the source and use the knowledge against others. But, I guess people do put sugar in gas tanks, cut brake lines (or worse) in a car scenario. The idea isn't too much different. Thank you for giving this analogy.

    6. Re:what? by why-is-it · · Score: 3, Insightful

      When you buy a car, you pay for manufacturing it, but when you buy a piece of software, you pay for the design. What's the difference after all?

      Well, I can think of one big difference. I bought a car last year and it came with a warranty, and if the car turns out to be a total lemon, I can seek various remedies from the manufacturer to have it repaired, or if need be, replaced. Now, contrast that experience with your typical EULA - no warranty implied or otherwise, no guarantee of functionality, and the user absolves the manufacturer of any and all liability.

      Big difference...

      --
      *** Where are we going? And what's with this handbasket?
    7. Re:what? by StillAnonymous · · Score: 2, Interesting

      Get yourself a disassembler, learn assembly, and then EVERY progam you get comes with source code!

    8. Re:what? by Anonymous Coward · · Score: 0

      If cars are buggy, car manufacturers have to pay through the ass. Software makers get off scott-free.

    9. Re:what? by sweetooth · · Score: 2

      There is a simple solution.

      Don't purchase any software that has a 'typical EULA.' Why people think they have no choice but to agree to let the vendor off the hook is beyond me. If the product doesn't work the vendor should be liable. If you buy a blender and it doesn't work after X amount of days of proper use or at all you take it back or write a nasty letter to the manufacturer. The manufacturer will then typically work to replace the defective product.

      Why is software differant? Software is ending up in more and more critical locations. The new Mercedes S500 contains a ton of software controls and sensors. You think that the first time these fail and cause a fatal crash that Mercedes won't recieve a huge lawsuit? Why is software differant? Software failures and security flaws cost businesses thousands of dollars, and yet they never attempt to hold the manufacturer accountable. It amazes me.

    10. Re:what? by Happy+Monkey · · Score: 2

      You got me thinking. I could pop the hood on my car and figure out how it works, but I don't.

      You don't have to. There are garages all over the place that can fix your car for you. With closed source software, only one company is legally allowed to fix it. And it is not worth their time to do so if there are very few people who need it fixed in that way. I think that Ford would lose a great deal of business, and possibly land themselves a lawsuit, if they required customers to have all of their maintenance and repairs done at a Ford dealer.

      --
      __
      Do ya feel happy-go-lucky, punk?
    11. Re:what? by Anonymous Coward · · Score: 0

      Get yourself a disassembler, learn assembly, and then EVERY progam you get comes with source code!


      True in a sense, however very long undocumented
      inefficient and fairly jumbled assembly is unsuprisingly as good as useless! Well for anything other than reassembling :)


    12. Re:what? by Anonymous Coward · · Score: 1, Insightful

      Humm...
      I can # cp software_src /home/software_src2

      But I can't # cp my_car /home/another_car

    13. Re:what? by SoSueMe · · Score: 1

      Ah, there's the rub.
      When I buy a product, be it a car, a blender, etc...,I can see the warranty before I shell out my hard earned $.
      When I purchase software, I have to tear the shrink wrap and attempt to install it before I see the ELUA.
      Most vendors do not accept returns on opened software products.
      That's why I try to use free OS Software as often as possible.

    14. Re:what? by ActiveSX · · Score: 1

      ***ActiveSX applaudes this AC.

      This is the most insightful writing I've read on Slashdot in a long while.
      It's good to see that some people can still put together a coherent argument around here.

    15. Re:what? by GuidoJ · · Score: 1

      Still the analogy holds only partly. And understanding how the code works is irrelevant. Let me explain.

      Even if I did pop the hood of the car and figured out how it works (note that even most car hobbyists only dare to tamper with old-timers, because contemporay cars are too complicated, but that's besides the point), I would not have the resources or equipment to build my own car. On the other hand, if I can get my hands on a piece of code, I'd probably be able to build the resulting binary without much trouble or costs. And I even don't have to read much of the code, let alone understand it.

      So, this is not about understanding (and possibly change) how things work, but about being able to build a usable and thereby profitable end-product. Maybe now you'll understand the idea behind Microsoft's Shared Source initiative a little better too (not that I think much of that either).

    16. Re:what? by bcrowell · · Score: 2

      In the early days of personal computers (Apple II, TRS-80, etc.), BASIC source code was the normal way that commercial software was distributed. (This was mainly because there were no high-quality compilers on those systems, although there were some good ones that ran on CP/M.) Believe it or not, it wasn't a problem. It was cool being able to look at the source code to a game, modify it, etc.

    17. Re:what? by sweetooth · · Score: 2

      That's my point. You are aware of the problem with shrink wrapped EULA's etc, and try not to use commercial software. Thus you are depriving the corporations that use those practices of revenue which is the only way to get them to change.

      BTW, the EULA useally says return it to the manufacturer not the vendor if you don't agree.

    18. Re:what? by ToasterTester · · Score: 2

      You are right it is naive to think commercal software publishers are going to freely open up code. Opening up code is giving whatever secret or tricks to your competition. Also you are now cutting your own market because others will steal your code and go into business for themselve. Even with patients and copyrights they will do it because they can make money until being dragged into court. Then some code is just too ugly to release. I worked for one of the large software publishers who did release some source. People kept asked for other pieces, even after we kill off the product. Main reason it was never releaed because it was so dam ugly and imbarassing. It would of been to big a project to clean up or rewrite so it was never opened up like other bits.

      Bottom line for me it is all about choice. People shouldn't be forced to open up source if they don't want to. I feel the GPL is a virus, and prefer BSD style license for things I work on. So choice is all that matters.

    19. Re:what? by Anonymous Coward · · Score: 0

      Having the source and compiling a program is like being given all the parts of a car and asked to put them together. You could do that.

    20. Re:what? by Anonymous Coward · · Score: 1, Insightful

      Oh? Do you have the engineering documents for your car? Do you have access to the engine design and all the components? I only seem to have the finished product. Btw, unless you have a car from the 1920's, I doubt you could pop the hood of your car and figure out how it worked. For one, modern cars already rely heavily on electronics. Do you have the source code for those?

    21. Re:what? by Courageous · · Score: 2

      "In any large software system, the truly unique code probably accounts for about 1% of the source."

      In a novel, there are often less than 1% truly unique words in the composition. It is the combination of those words together, in major section and its entirety, that makes a novel "novel".

      "All commercial software should include a copy of its full source..."

      I suggest that you reconsider your use of the word "should". Instead, consider the marketplace in terms of delivering value. The act of marketing something is a complex activity which involves the exchange of value between parties. What value is in it for the buyer? How many consumers are how likely to spend how much on software that is delivered with source? How many consumers will see it as a purchasing discriminator? What is in it for the seller? What would motivate a seller to do this?

      Lastly, I humbly suggest that you haven't had your fingers in anything other than the most exceptional of open source efforts. I have seen plenty of open source, and it is as bad and worse as the worst closed source software that I've had the misfortune of seeing. Open source is no cure for software quality; software quality happens when people care about it, open source or no.

      Jedi: "This is not the magic wand that you are looking for."

      You: "This is not the magic wand that I am looking for."

      C//

    22. Re:what? by Seraphim_72 · · Score: 1

      "I could pop the hood on my car and figure out how it works." Very true - BUT - you do not have the machine shop/rubber plant/custum steel mill to make it happen. At best you might be able to make a part or two. Even those who have home machine shops ( like me) shudder at the work involved to even make a modern carburator. In software however many folks have the ability to completely rebuilt the it. It is very different and the software companies know this.

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    23. Re:what? by ryanvm · · Score: 3, Insightful

      I could pop the hood on my car and figure out how it works, but I don't. Maybe if a company released source with their software, this same type of thing would happen.

      Yeah, but intellectual property is VERY different from physical property.

      Theoretically, you could acheive a complete comprehension of your Maxima by disassembling it and studying all the pieces. Can you now go into business competing against Nissan? Not hardly.

      But with open source software, as soon as a company releases the source they are potentially in the position of defending against millions of competitors. Each one capable of matching them in distribution capacity and quality of product.

      In the open source world if you want to make money you must do it through services. Period.

    24. Re:what? by Anonymous Coward · · Score: 0

      This argument is, upon closer inspection, baseless, as having the source is not a requirement for illegal copying/distribution. Yes, you can recompile the source without understanding it, but you could also just cp somebinaryfile /home/haxxor/warez

    25. Re:what? by Anonymous Coward · · Score: 0

      No, you don't, but the difference is that it isn't fscking illegal for you to pop the hood of your car and look around.

    26. Re:what? by meadowsp · · Score: 1

      Undocumented? Hows about this, this or this. Assembly may be useless to you at the moment, but as the original poster said, learn it and then it won't be.

    27. Re:what? by Anonymous Coward · · Score: 0

      People will always use closed source because a company which spends a lot of money paying experienced designers/coders/testers is not about to see the fruit of their work used for free by other companies. It's just not going to happen.

    28. Re:what? by Anonymous Coward · · Score: 0

      " I could pop the hood on my car and figure out how it works,"

      You can disassemble any program and see how it works too. Same analogy.
      But the car manufacturer will not send you the
      CAD drawings and all calculations on how the
      car was built etc...

    29. Re:what? by pbhj · · Score: 1

      I don't think the company is in any worse a situation than releasing the executables. They still hold copyright on the source and (presumably) patents on any innovative steps in the process. It's only slightly harder to copy an executable (allowing for access codes) than to compile the source. They can still sue for copyright infringements (via international agreements, Berne Convention, through the World IP Organisation) and this includes unauthorised amendment of a work. There are 149 signatories to the Berne convention. Also the points about excluding certain key features is a good idea. One that I would say was equivalent (in modern autos) to excluding exact engine management data. Even if source code was given for only 50% of a program it would reveal issues to do with quality of source. I think that in fact we should have some new intellectual property right specifically for computer programs that would require certain disclosures which would enable quality to be assessed. It would also require information to be given to other software producers on compatibility issues ... and I'm sure we could all add a few other features. Just a thought as yet ... not a fully formed international treaty!

    30. Re:what? by Anonymous Coward · · Score: 0

      Obviously most of these objections are written by non-programmers. Why do I think so? Because they seem to believe that the source code to software contains some "magic tricks" that are valuable. With extremely few exceptions, it doesn't.

      The value of a finished piece of software is that it is a functional whole. It has nothing to do with how the XYZ feature is implemented, unless the XYZ feature is something done unusually well.

      A good speech recognition algorithm might be worth keeping secret, because speech recognition is hard and usually doesn't work well.

      Nothing in your typical operating system, word processor or web browser is special enough that keeping the source secret would have any value.

      I also don't see how releasing the source would increase copying. In countries with poor copyright protection, pirated software is already a problem. They just copy it. Now they'd copy it with the source. What's the difference?

      Having a functional source base to start with doesn't help the competition, either. Even if your competitor secretly uses some of your code, that isn't a significant part of their development costs. If they use almost all of it, it'll be obvious to anyone. Especially if they have to give out their source for credibility, too, since it is presumably the established practice (as per the article).

      The way I see it, there are two big obstacles preventing this practice from becoming a reality. One is non-programmers who believe that the source code is a "secret recipe" that would be valuable to competitors. The second is programmers who would die of shame if people could see their kludges...

    31. Re:what? by fucksl4shd0t · · Score: 1
      actually, you still have to reverse-engineer your car when you pop the hood.

      The difference between this and proprietary software is that you didn't sign a contract when you drove your car for the first time after buying it saying you wouldn't do it.

      --
      Like what I said? You might like my music
    32. Re:what? by dublin · · Score: 2

      Lastly, I humbly suggest that you haven't had your fingers in anything other than the most exceptional of open source efforts. I have seen plenty of open source, and it is as bad and worse as the worst closed source software that I've had the misfortune of seeing. Open source is no cure for software quality; software quality happens when people care about it, open source or no.

      Somebody mod this up as Insightful!

      There is an incredibly misguided tendency (esp. here on /.) to regard all open source software as inherently of higher quality than commercial software. In reality, nothing could be further from the truth. I fully support open source software, but the reality is that as bad as much commercial software is, most open source software is worse. There are the notable exceptions (Apache, Samba, etc.), but they are popular only because they are exceptions to the usual sub-mediocre quality of most open source software. (How many open source projects have any sort of formal testing process other than, "toss it out there and see what bug reports we get back?" Commercial software has its weaknesses, but the concept of regression testing, etc. is far more common in commercial development than it is in open source development - that's a fact. In addition, there are very few open source projects that are not primarily attractive to propellerheads - there is very little suitable for the average user, and what's there is generally of far lower quality than the usual commercial equivalents. (BTW: Star/OpenOffice doesn't count, since it was originally developed as a commercial product and opened up only through Sun's benevolence after they bought Star Division.)

      Add this to the fact that most open source software is simply "me-too" functionality (best whiny voice: "See, Linux can too play DVDs, and it can sort-of print, well, to a pitiful handful of expensive printers, anyway...") rather than anything really new and innovative, and it's easy to see why we may always be chasing Microsoft's heels.

      As a final for-instance, take Longhorn: Whether or not one likes Microsoft, this is a set of technologies that will have real and significant value to the users. Given the fairly fundamental nature of some of the changes (DB-based filesystem, transparent integration of information across applications, etc.), Longhorn will set open source software back another two years until its functionality has been duly duplicated in a different, fatter, CORBA-compliant way. (If you don't believe me, check out how dot-Net has thousands of open source developers tied in knots chasing their tails and adding bloat that may eventually eclipse that of Microsoft's own implementations.)

      Utimately, Courageous is dead on about one thing: "Open source is no cure for software quality; software quality happens when people care about it, open source or no."

      --
      "The future's good and the present is nothing to sneeze at." - Roblimo's last ./ post
    33. Re:what? by mpe · · Score: 2

      The argument contends that if potential attackers had access to the source code of a product, they would be able to find possible security flaws and exploit them.

      One problem with this reasoning is that it's perfectly easy for potential attackers to get hold of the binary and work out ways to attack that. There are several groups of people who take binary only programs, remove code for dongles, registration codes, copy protection, etc. Sometimes including adding their own splash screens or credits.

    34. Re:what? by mpe · · Score: 2

      Yeah, but intellectual property is VERY different from physical property.

      The concept of physical property is one which has been used since pre-history. The concept of intellectual property is one was invented a few hundred years ago.

      Theoretically, you could acheive a complete comprehension of your Maxima by disassembling it and studying all the pieces. Can you now go into business competing against Nissan? Not hardly.

      Another company already in the car making business could use information from reverse engineering Nissan cars to improve their own products

      But with open source software, as soon as a company releases the source they are potentially in the position of defending against millions of competitors. Each one capable of matching them in distribution capacity and quality of product.

      Except those millions of competitors would still have to make a profit somehow. Remember that no business has a devine right to make a profit, either from a specific business model or even at all.

      In the open source world if you want to make money you must do it through services. Period.

      There are plenty of tertiary businesses. Including those involved in provision of infrastructure. To many people wanting software it's a business infrastructure as much as the buildings they use are.

  2. wow by ciryon · · Score: 4, Funny

    Reading this and at the same time see ad for Microsoft .Net Enterprise at slashdot.

    Ciryon

    1. Re:wow by zootread · · Score: 2, Funny

      A lot of good open source software has been written with Visual Studio .Net.

      --
      Zoot!
  3. Walking on a bridge by vasqzr · · Score: 1



    When you drive across a bridge, its design is open for inspection. You can see the overall structure, the method used to anchor the cables, the thickness of the roadbed, and so forth. If you want a closer look, you can walk the bridge and see more detail.

    Isn't it usually illegal to walk or ride a bike across most big bridges?

    1. Re:Walking on a bridge by Anonymous Coward · · Score: 0

      No. Most big bridges have a pedestrian area. You must live in rural Idaho or something.

    2. Re:Walking on a bridge by Anonymous Coward · · Score: 0
      When you drive across a bridge, its design is open for inspection. You can see the overall structure, the method used to anchor the cables, the thickness of the roadbed, and so forth. If you want a closer look, you can walk the bridge and see more detail.

      Isn't it usually illegal to walk or ride a bike across most big bridges?

      And there is a reason for that... nothing to do with safety, however. Quite the contrary!

    3. Re:Walking on a bridge by monadicIO · · Score: 2, Interesting
      Umm.. I'd disagree with the parallels you draw. For example, how do you find out the tensile strength of the metal, the thermal properties (how much it expands/contracts), the stress limits for the bridge? To give another example, how many cars engines could be easily inspected to get enough information for an educated analysis?

      Another error in drawing similarity is that giving away code would beequivalent to giving away another bridge for free. (I'm myself not against that idea; I just think we cannot draw reasonable parallels).

      --

      The law of excluded middle : Either I'm foo or I'm foobar

    4. Re:Walking on a bridge by citanon · · Score: 1

      More to the point, designing and engineering a bridge is the art of integrating and applying commodity technologies to an unique set of requirements. The value offered by people doing the architecture lies in their ability to offer a custom tailored and extremely reliable product along with extensive support services throughout the lifetime of the product. IN other words, an irreplaceable part of the value lies with the reputation, reliability, and expertise of the product designers, so they need not worry about others stealing their designs.

      With many software packages, almost all of the value lies in the unique algorithms and other ip contained within the source code. This is why they need to protect that information.

    5. Re:Walking on a bridge by homer_ca · · Score: 1

      Blueprints and other design documents are the equivalent of the source code of bridges and they are all public record on file with the government.

      As for the car example; automakers all buy competitors' cars and rip them apart to see how they're built. Nobody signs an NDA when they buy a car.

    6. Re:Walking on a bridge by paradesign · · Score: 2
      yes, but is it required that they post there blueprints for the world to see? you could take your own measurements walking across it, but youd never know what their material specs are, how much rebar density in their concrete pilings, what alloy coats the inner walls of the tube steel.

      your walking analogy makes better sense when paired with reverse engineering, which should not be illegal.

      --
      I want 2D games back.
    7. Re:Walking on a bridge by Anonymous Coward · · Score: 0

      Yah, you wake the trolls up.

  4. And once they do, what do they do with it? by Anonymous Coward · · Score: 0

    And once they do, what do they do with it?

  5. Nonsense by Textbook+Error · · Score: 5, Insightful

    In any large software system, the truly unique code probably accounts for about 1% of the source.

    Hmm, not on any large software system I've ever worked on... The important part isn't some magic 1% of the source, it's the fact that you got a group of people together for long enough to ship the thing.

    This negates one of his basic points, and doesn't really contribute much over his previous rant...

    --

    Nae bother
    1. Re:Nonsense by Anonymous Coward · · Score: 0
      Ship the complete source code, minus the constant definitions. In the C programming language, this means excluding the #define statements; for Basic, it is the const statements. For more protection, exclude user-defined data types also (typedef in C, type in Basic). A customer could examine the software design closely or even compile the code (with a little effort), but the resulting program would do nothing.


      That would be sure to work. Great idea. Well done.
    2. Re:Nonsense by Twylite · · Score: 2

      What is more, the author has drastically underestimated the importance of architecture and design as contributors to the intellectual property value of software. The larger and more complex a piece of software, the more significant the value in design; to the point that a good design with a naive implementation can outperform a bad design hand-optimised in assmebler.

      Yes, I've seen a comparison of two data analysis programs where the one that used a bubblesort was faster than the one that used a quicksort... go figure.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
  6. Wow, perhaps slashdot should add a new section by citanon · · Score: 2, Funny

    For "things that will never ever happen in reality" type articles.

    1. Re:Wow, perhaps slashdot should add a new section by Anonymous Coward · · Score: 1, Funny

      How about an "Open Source, Closed Minds" section?

    2. Re:Wow, perhaps slashdot should add a new section by Anonymous Coward · · Score: 0

      'finatical' open source enthusiasts 'probably' make up less than 5% of all the computer users out there but they have decided that the other 95% of the world, that can barely use windows let alone linux, should drop their trusted OS.

      That's an interesting conversation piece for the 5% but the other 95% just shrug their shoulders and say "what's a linux?"

      Microsoft has always done one thing right: appeal to the everyday user. That big 95% out there are impressed with themselves just logging into hotmail.

      Linux is a super power tool. Don't expect CFO's of the world to approve something their jane and joe employees won't be able to use without speding mega-bucks on training.

      Ya it' sad. But it's true.

  7. Won't benefit the users... by SoCalChris · · Score: 5, Insightful

    If a company had to release their code for products they sold, it wouldn't do any good to the end user. The code would be way to complex for 99.9% of all users to understand. The only users who would really understand it are the programmers, and even then they would need to spend a LOT of time analyzing it (Assuming it is a decent size program) before they could even start to understand it.

    The only people who would benefit are the releasing company's rivals, who would have the time & money to sit down and reverse engineer the code, and then rerelease it as their own.

    Then again, maybe I'm missing the whole point of this and should RTFA.

    1. Re:Won't benefit the users... by Anonymous Coward · · Score: 0

      If a company had to release their code for products they sold, it wouldn't do any good to the end user.

      It would even do bad. Open Source gui designers would massacre the work done on every app that's fantastic to use purely because of a well-designed, simple gui, and turn it into a mishmash of options strewn about the program with no relation to their usefulness to a user, instead serving just to reveal the inner workings of the software.

      Yes I'm bitter, and yes this is off topic. Bad GUI design in OSS is like catholic priests fucking with young kids and dozens of gun deaths a day. It's been happening so long most people just accept it.

    2. Re:Won't benefit the users... by ryants · · Score: 3, Insightful
      The code would be way to complex for 99.9% of all users to understand.
      This is where something like Consumer Reports comes in. 99.9% of all people don't understand the intricacies of car designs and dynamics, so we defer to experts such as those Consumer Reports hires.

      And so it could be in the software world. Sure, 99.9% don't understand the code, but there's an opportunity for you to start up "Software Reports" in the same vein as Consumer Reports to translate and inform.

      --

      Ryan T. Sammartino
      "Ancora imparo"

    3. Re:Won't benefit the users... by JoeCommodore · · Score: 1

      Yep, I have some apps with the source, if I have a problem would I fix it?

      No. reasons: I don't know the language, I don't have the development tools that created it, the syntax may be something that Chef Boayardee would be proud of..

      I usually whine to the author about missing features.

      Then again, if the source for say MS Word were included and you *could* modify it by purchasing the $9,999 Windows development system - home edition, of course and non-transferrable license - the corporate edition would require more robust product and licensing fees... Microsoft may see a few bucks in the prosepct.

      Either that or they won't sell anyone the developemnt tools that are the basis for understanding such a cryptic mess ("You got the source, that's all you asked for.")

      --
      "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
    4. Re:Won't benefit the users... by Anonymous Coward · · Score: 0

      settle down, beavis..

    5. Re:Won't benefit the users... by bwhaley · · Score: 2

      The only users who would really understand it are the programmers, and even then they would need to spend a LOT of time analyzing it...

      What about Open Source projects? The linux kernel, for example is a HUGE program. Much larger than many (most?) commercial products. It is constantly modified and dissected by thousands of interested users. There would be plenty of people itching to get their hands on the inside of Oracle's database engine, I assure you.

      The only people who would benefit are the releasing company's rivals, who would have the time & money to sit down and reverse engineer the code, and then rerelease it as their own.

      As you said, RTFA. He addressed these points explicitly with the Tom Clancy analogy.

      --
      "I either want less corruption, or more chance
      to participate in it." -- Ashleigh Brilliant
    6. Re:Won't benefit the users... by abe+ferlman · · Score: 2

      it wouldn't do any good to the end user. The code would be way to complex for 99.9% of all users to understand

      So I can't use all the patches everyone else wrote for apache?

      I thought that was all apache was :)

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    7. Re:Won't benefit the users... by monadicIO · · Score: 1
      for you to start up "Software Reports"

      I have my doubts if something like this can be objective and complete. Without wanting to start a flame thread, I'm sure that Microsoft has really good programmers doing code review - and probably many testers trying to do comprehensive testing. This is still not enough to make their software bugfree. If a large corporation with lots (virtually unlimited) of resources cannot have this, it seems unlikely that "software review" shops could be really trustworthy. Also, how do you rate the software raters?

      Things like electronic gadgets/cars have limited functionality which can be thoroughly tested. Software testers don't have this luxury.

      --

      The law of excluded middle : Either I'm foo or I'm foobar

    8. Re:Won't benefit the users... by bwhaley · · Score: 2

      if the source for say MS Word were included and you *could* modify it...

      Who said anything about modifying it? This is simply for evaluation purposes. We can now examine the code to be sure that it is of quality before we purchase. This might be only useful for large purchases or interested parties, but I still think it's a great idea.

      --
      "I either want less corruption, or more chance
      to participate in it." -- Ashleigh Brilliant
    9. Re:Won't benefit the users... by stratjakt · · Score: 0, Flamebait

      They're better off reviewing the final product and testing it for errors.

      Open Source does not, and has never guaranteed a superior end product. It doesn't even encourage it. That's a myth started by zealots and their blind hatred for corporations like MSFT or Adobe.

      And 'consultants' with nothing better to do than rant.

      --
      I don't need no instructions to know how to rock!!!!
    10. Re:Won't benefit the users... by inode_buddha · · Score: 2

      It wouldn't necessarily benefit the end user sitting at their desktop, but if your company is large enough to have an IT dept. it could possibly benefit them, IMO. Reason why? If say your custom app package gets scrapped years later, or the vendor goes under, gets merged, etc. you would still be able to reconstruct the parts you need. As I see it, having the source is almost a form of business insurance. The vendors need not fear losing their code, I think, because a lot can be done with NDA's, etc.

      --
      C|N>K
    11. Re:Won't benefit the users... by arkanes · · Score: 2

      I ran into a bug in one of the Oracle drivers last week, one that I could have fixed in seconds if I had the source (EBDCIC to ascii conversion on number fields wasn't converting decimal points. One frigging missing line in a case statement).

    12. Re:Won't benefit the users... by TENTH+SHOW+JAM · · Score: 1

      "If a company had to release their code for products they sold, it wouldn't do any good to the end user. The code would be way to complex for 99.9% of all users to understand. The only users who would really understand it are the programmers, and even then they would need to spend a LOT of time analyzing it (Assuming it is a decent size program) before they could even start to understand it."

      And thus we see the value of documenting your code. "Though a program be but three lines long, one day it will have to be maintained." The point of making source available to users is not so that they understand the program, but so that they can find out, should they desire, how a program works. Either way, an agreement would have to be entered into that the source would not handed on without the permission of the author.

      I'd be happy with that.

      --
      A sig is placed here
      To display how futile
      English Haiku is
    13. Re:Won't benefit the users... by DigitalCrackPipe · · Score: 1

      Considering the engineers (sometimes calling them that is a stretch...) who WROTE the code don't always understand it (hence the bugs), it's unlikely that very many customers would have a clue. Moreover, I have better things to do than debug all software I own. Sometimes I'd like to have access, but it would rarely be useful.

      What you'd really see is a competitor saying "we found these bugs in your software when we were copying it. Could you fix them so when we release our first version it won't have those bugs?"

    14. Re:Won't benefit the users... by Anonymous Coward · · Score: 0

      So I can't use all the patches everyone else wrote for apache?

      I thought that was all apache was :)


      A-Patchy

      :)

    15. Re:Won't benefit the users... by inode_buddha · · Score: 2

      Actually, that's a cool idea for a business to start up IMHO, that sort of thing is long overdue...

      Hrmmmm.....
      ?????
      Profit!!!

      --
      C|N>K
    16. Re:Won't benefit the users... by Lussarn · · Score: 2

      All it takes is one programmer to find the adware in your latest app and then the word is out. Everybody doesn't need to check the sourcecode but without it released nobody can. Someone a few comments up was talking about webcam/microphone in the new flash. You have to ask if you trust Macromedia to have these things in flash. With the source someone could check to see that nothing wrong is going on. Even remove that part as it isn't the very best idea to have on the web. Could bring a whole new meaning to spyware. Some companies just do whatever it takes to serve you a targeted banner.

    17. Re:Won't benefit the users... by Anonymous Coward · · Score: 0

      You don't need to look at the source code to have a consumer reports for software. Consumer reports doesn't take a car apart piece by piece and examine each bit. They test the product. The theory that you need to look at the source to see if the product is any good is completely flawed.

    18. Re:Won't benefit the users... by Ooblek · · Score: 1
      I totally agree with you. I would also point out that there have been bugs found in open-source projects as well, and those are supposedly peer reviewed to the nth degree due to the nature of the development environment.

      As far as requiring people to release source code, this may just end up being nearly a reality in the future if the .NET/Mono architecture takes off.

      I would also point out that the fact that others can review and criticize proprietary code has a few problems:

      1. Sometimes software is developed in incremental steps. Because something was not implemented or an algorithm was not optimized may just be a placeholder for future work. I couldn't imagine opening up my company's development process to the scrutiny of the outside world because engineers generally have a less than eloquent way of expressing their opinion of others work for some reason. There are many ways to do a particular operation, but many people do not have the ability to see the evolution of a software's architecture in the long term view.

      2. I've found than many C++ "experts" in the public are not much more than hobbyists that read a few books. I can't imagine trying to figure out the true credentials and abilities of customers that turn a critical eye to the code. Also, what do you tell a customer that obviously doesn't know jack shit about anything other than syntax of a language? "Sorry, sir, you're full of shit."

      3. I've been at companies where the development staff and the management are total slaves to the customer's desires. While it is good to get feature/usability feedback from customers, small subsets of customers will always demand vertical solution specific features. Some of these features will directly conflict with the use of software in other general situations. What ends up happening is that the company ends up second-guessing its entire effort. The software ends up with a bunch of special little features that step all over each other and cause more bugs than are possible to maintain.

      Its really easy to form the opinion that all source should be released when the product is not responsible for millions in sales and needs to be viable in the long-term. Un-regulated custom mods to the software can make support for the original authors a nightmare since everyone should know that the customer isn't going to care who messed their system up, they just want to blame the people they paid to obtain it. I can also imagine the many lawsuits that would come of this if one company's opinion of how the software was implemented was that it was wrong, when it could be an acceptable implementation in another company's opinion. So someone gets sued for using a bubble sort to sort 1 million records when they could have chosed a more efficient method; another company never notices because they don't ever sort more than 1000 records. Who decides the standard practices here?

    19. Re:Won't benefit the users... by milkman_matt · · Score: 1

      And so it could be in the software world. Sure, 99.9% don't understand the code, but there's an opportunity for you to start up "Software Reports" in the same vein as Consumer Reports to translate and inform.

      That sounds like an excellent idea.. and it sounds like something the big softwarehouses would be more willing to go for.. The chances of MS releasing their source to the world are much lower than the chances of them releasing it to a trusted group (or few groups) who is legally bound by some form of NDA, to review it as an outside source to give an educated and unbiased opinion of the product to the masses. But then again, that sounds like something else someone like MS woudn't particularly want to be a part of..

      -matt

    20. Re:Won't benefit the users... by tshak · · Score: 2

      Or, Consumer Reports could this _try the product_ instead of looking at code and claiming that there "may be a potential problem" (when really they just don't understand the code).

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    21. Re:Won't benefit the users... by jwilcox154 · · Score: 1

      And so it could be in the software world. Sure, 99.9% don't understand the code, but there's an opportunity for you to start up "Software Reports" in the same vein as Consumer Reports to translate and inform.

      Yeah, and at the same time get sued by the BSA and the IDSA under the DMCA.

    22. Re:Won't benefit the users... by osolemirnix · · Score: 2
      While I agree with your analysis of the users, I don't agree with your conclusion.
      IMHO the mere possibility that everyone could take a look at the source would force the companies to clean it up. It's not necessary that everyone actually can understand it. I'm sure computer magazines would take over that part and we would have ratings based on source code quality, it would just be another parameter in the evaluation process of software packages.

      Of course, software makers don't want others to be able to look behind their curtains, this would prevent them from selling their overhyped crappy shit. So it's never going to happen (copyright issues, IP theft, etc. aside).

      So I think it's going to stay a good argument of Open Source software packages that actually do produce quality code (not all OS software is), because they give away the source anyway. IMHO, this is a good thing, since being able to say "what you get is what you see" will remain an advantage of Open Source (I don't think the author was arguing for open source, just for more transparency/visibility).

      --

      Idempotent operation: Like MS software, wether you run it once or often, that doesn't make it any better.
  8. Simply Answer by KarmaBitch · · Score: 5, Insightful

    No

    If I spend 400 hours writing code for something I want to sell, I'm not gonna give it away. I'm sorry

    I contribute to open source projects as well but, I have to eat. That's just the facts of life.

    1. Re:Simply Answer by Anonymous Coward · · Score: 0

      Why? Because you don't want anyone to see how "so not worth 400 hours" your code actually is?

      If all binaries had source with them then any copyright violations would be obvious. No company with the resources to actually do anything useful with your code would risk it.

    2. Re:Simply Answer by Anonymous Coward · · Score: 0

      I think the author is saying that the source code should be included along with the binaries. Presumably distribution of the source would be restricted just like it already is for the binaries. So you could look at the code, modify it for your own use, but couldn't redistribute it or anything based on it. If someone uses your code in their project, it will be pretty obvious when you look at their code, which would be available for the same reason.

      There's no "morality" here. Sure, you don't have to show you code, but then society doesn't have to grant you copyright protection either. Requiring the former in exchange for the latter isn't a completely unreasonable suggestion. Especially given the absolute shit quality of the software industry these days.

    3. Re:Simply Answer by russianspy · · Score: 4, Informative

      You have not read the article. Nobody is asking you to give away the source code for free, but to include it with the binary. If I pay for something you spend 400 hours writing, I want the source to that as well. The source is part of the product.
      The article says nothing about giving it away for free.

    4. Re:Simply Answer by Anonymous Coward · · Score: 0

      Why do you want the source? Do you assume that I am using a license such as the GPL and I want you to be able to modify / extend my code? Not likely, if you want the source sign an NDA and pay for a full source license. If you only want the functionality my app provides and that is all you are willing to pay for, then that is all you deserve to recieve.

    5. Re:Simply Answer by SirSlud · · Score: 2, Insightful

      Yeah, before you know it, book authors might just let people read the words in their stories (even people who own photocopiers, gasp!) .. no wonder you cant make a living as an author!

      --
      "Old man yells at systemd"
    6. Re:Simply Answer by tomstdenis · · Score: 1

      That's hardly comparable. If I right good code it will be commented, modular, well designed and generally perfectly well suited for being stripped and used in your projects for free..

      If I spend 100 hours optimizing some routine I don't want to give the source out for people to snatch. Heck if you reverse engineer it great but thats different.

      That's the problem with the dudes argument. "If commercial software was OSS then they would be forced to have higher standards" ... but ... if they have higher standards they stand more to lose by giving it out.

      Tom

      --
      Someday, I'll have a real sig.
    7. Re:Simply Answer by sql*kitten · · Score: 2

      Yeah, before you know it, book authors might just let people read the words in their stories (even people who own photocopiers, gasp!) .. no wonder you cant make a living as an author!

      Reproduce an author's work in your own work and you will be in violation of copyright, and liable for legal action. Furthermore, your reputation will be in tatters as a plagiarist and you will find it very difficult to find an editor or a publisher. The ideas of intellectual property applied to books long before there was a software industry.

    8. Re:Simply Answer by zerocool^ · · Score: 5, Insightful

      If I pay for something you spend 400 hours writing, I want the source to that as well. The source is part of the product.


      This is completely wrong, and I hope everyone realizes this.

      If you pay for a program, you pay for the binary. You now own a program that will perform to the specified dimensions. You do NOT own the source. Presumably, you would want the source to make modifications to it. Well, depending on the licence that the program is released with, too bad. You may not get to tinker with the source. Not everything is GPL'd, and for a good reason, folks.

      Like the other reply to this post, if you want to see the source, come talk to me, we'll sign a non-disclosure agreement, and then we can negotiate a price for a source licence.

      Think security software - say, your intranet system. You don't want your customers to have the source to that, because 1.) they probably wouldn't know what to do with it, 2.) it might fall into the wrong hands, or 3.) if they do manage to muck through it and change things, and somehow make their secure data hackable, there's a liability issue.

      There are only two other reasons you would want the source - to steal the program or to just sit and stare at it.

      With a binary, or a CD, or whatever, you can add copy protection. Source code is just text. Cut, Copy, Paste, Compile. Now your friend has a working copy of a program he didn't pay for.

      No, the grandparent is right. If someone spends months developing an application, they shouldn't have to release their source code. I can't think of a better way to shoot yourself in the foot.

      Think the airplane business. When you buy a 757, you don't get the blueprints for the wing. That's a trade secret.

      Note to new slashdot readers: This is typical thinking on slashdot. I want EVERYTHING for free. If it's not free, it's wrong. I want the source code to everything, because I feel that I could do a better job writing this software by mucking it up. What they mean is that they want to steal it if it isn't free. Don't fall into this trap. Some software should be closed source, and some people have to put food on the table.

      --
      sig?
    9. Re:Simply Answer by DaGrilling · · Score: 3, Insightful

      >Nobody is asking you to give away the source code for free, but to include it with the binary.

      So you think that Microsoft should include the source code to Windows if you pay them 100 bucks?

      >If I pay for something you spend 400 hours writing, I want the source to that as well.
      >The source is part of the product

      Well sure, if it's contract work and you pay for the 400 hours. But if you pay 30 bucks for the product you haven't payed to get 400 hours work, but the right to use it.

      What you suggest wouldn't feasible in the real world. But if you really want the sourcecode to the products you buy/use, use opensource or something. It's your own choice.

      My 0.02
      Robert

      --
      Technical University of Denmark
      Informatics and Mathematical Modelling Dept
      Computer Engineering & Technolo
    10. Re:Simply Answer by SirSlud · · Score: 2

      exactly, so why do you need to protect the source to protect your IP? the laws protect your IP .. just cause the code is in the open doesn't mean you can strip & use the code.

      The GPL has been used to catch stealers of code who don't follow the license its provided in. Most big companies have way more lawyers, so they'd be able to defend their IP even more successfully.

      --
      "Old man yells at systemd"
    11. Re:Simply Answer by ardiri · · Score: 1

      You have not read the article. Nobody is asking you to give away the source code for free, but to include it with the binary. If I pay for something you spend 400 hours writing, I want the source to that as well. The source is part of the product.

      i think you miss a simple point. first, a product is not the tools, sources, binaries. its what we choose to sell. that may, in many cases be the binary itself. we set a price on that.

      now, being open about this, if i was to take my product, and, then say the source will be bundled with it - would you still be interested if i raised the price? lets say i make the cost with source 20x the price of the product without source. i would definately consider that, but, not release full source code for practically nothing.

    12. Re:Simply Answer by stratjakt · · Score: 1

      >> If all binaries had source with them then any copyright violations would be obvious.

      And inevitably unenforcable.

      So obvious that no more code could be written. Can you see the deluge of go-nowhere lawsuits based on inane shit like:

      I wrote "for(i=1;i=100;++i)" first!

      Or, "no my work is a PARODY of windows XP.. It's called Windoze EX-PEE! See! I changed the icons."

      --
      I don't need no instructions to know how to rock!!!!
    13. Re:Simply Answer by SirSlud · · Score: 2

      > If I right good code it will be commented, modular, well designed and generally perfectly well suited for being stripped and used in your projects for free..

      Oh, come off it. Ask scientists how far along science would be if some guy who spent 100 hours discovering something didn't make his methods available and reproducable to the public at large.

      Thats nothing but a greedy argument. Nobody is saying you should be forced to give away your code for free. You just cant profit off of it without 'giving back'. Look at patents .. you are granted legal protection for publishing your methods. Same applies to code; the copyright is yours when you create the work, and folks stealing your code can be punished. But the act of providing your source code (with the stipulation that it cannot be redistributed, thats AOK) to paying customers is not going to bankrupt you for the very reasons that:

      a) you cant get/use the source without paying you (like a patent)
      b) you can still seek legal resourse if you spot somebody profiting off of your work.

      I'm sick of this argument, because we've concluded time and time again (via patents, copyright expiration) that if you want to profit off of an idea or hard work, you cannot 'repay' mankind by just selling the product .. you also have to set your innovations into the wild so long as you can keep earning enough to keep you earning.

      --
      "Old man yells at systemd"
    14. Re:Simply Answer by russianspy · · Score: 2

      I want your source so that I can see if your code is worth the money I paid for it. A really bad code will be easily visible in most cases. Functions that are pages and pages of code for no good reason. Have you ever seen an 8 thousand lines case statement in C? I have. Bad naming conventions etc. If I see that your code is consistently bad, I'll just stop buying it.
      Would you buy a car that has rust all over the body? Even if it runs well (for the moment) and has great acceleration? I would not.

    15. Re:Simply Answer by Anonymous Coward · · Score: 4, Insightful
      If you pay for a program, you pay for the binary.

      That's exactly the article's point. He's saying that should change.

      When you buy a 757, you don't get the blueprints for the wing.

      An airplane wing isn't copyrighted.

      This is typical thinking on slashdot. I want EVERYTHING for free.

      Who said anything about free? All the original article said is that if you pay $99 for some piece of software, you should get the source with the package. The source would still be protected by copyright just like the binaries, so you could look at it and modify it for your own use, but you couldn't distribute it.

      If anyone is getting something for free here, it's software companies. Copyright is a bargain, not an entitlement, and it should guarantee that the public can create derivative works when the copyright expires. In the case of software, that means the public should have access to the software in a form suitable for modification and study. Now you can argue for practical reasons that the source should be held until the copyright expires, but you can not justify letting it simply fall into oblivion.

    16. Re:Simply Answer by BHearsum · · Score: 3, Insightful

      You now own a program that will perform to the specified dimensions.

      Am I not allowed to modify my car? Or my computer case? Can I not add a light to my house just because it wasn't originally designed that way?

    17. Re:Simply Answer by Bytenik · · Score: 2, Informative

      If you pay for a program, you pay for the binary. You now own a program that will perform to the specified dimensions. You do NOT own the source.

      In fact, with many EULAs, you do not even OWN the binary. You simply own the right to USE the binary for a prescribed period of time. Sometimes this right is granted "in perpetuity", so it is, in effect, similar to ownership.

      --

      "Scientists prove we were never here."
      -- Devo

    18. Re:Simply Answer by LostCluster · · Score: 3, Insightful

      The problem is, if you were required to provide the source free with purchase of the binaires, the cost of the package will go up. Knowledge is worth money, so when you're forced to show people how you did everything you did, eventually some people who weren't able to competete with you before will learn how to do the same thing. You'd have to charge a higher price to get the same profit, because you'll get less sales.

      So, people who have no need or use for the source will end up having to pay more to get something they don't want. There's a turkey of an idea.

    19. Re:Simply Answer by mangu · · Score: 2
      good code it will be commented, modular, well designed and generally perfectly well suited for being stripped and used in your projects for free.


      Exactly like good stories. But you don't see anyone stripping a chapter or a few paragraphs from Tom Clancy and using it in their own books, do you?


      On the other hand, good software isn't just a matter of getting a line here or there right, good software needs a whole structure that's well done. Algorithms, tips and tricks, which are all you can get from copying parts of a program, can be gotten from books or public domain software. What makes commercial software valuable is the coordination of a large team that is needed to interlock the many functions in a large system. You cannot copy just a part of that, you must take all of it, which would be an obvious copyright violation.

    20. Re:Simply Answer by Anonymous Coward · · Score: 2, Insightful

      The knowledge you describe is worth money today only because a technical quirk in the way software is constructed allows it to be artificially made scarce. Other types of copyright works essentially are their own source code. Take books for example. When I buy a book, I can study an author's writing style, word usage, characterization, whatever. I can even use this knowledge as inspiration for my own story. As long as I avoid directly copying the author's work, I'm fine as far as copyright law is concerned. All this is true today and books are doing just fine financially.

      Also keep in mind that by making it a uniform requirement for copyright protection, no one has an advantage over another and no one can "steal" another's code without it being quickly found out.

    21. Re:Simply Answer by Anonymous Coward · · Score: 0

      Am I not allowed to modify my car? Or my computer case? Can I not add a light to my house just because it wasn't originally designed that way?

      And if you have software that gives you the option to write modules for it or make modifications to it, then feel free. Otherwise, no. You have provided a flawed example. If you have such a need to alter your software, you can decompile it. Oh, is that difficult? Well so is replacing the engine in your car.

    22. Re:Simply Answer by owenb · · Score: 1

      for(i=1;i=100;++i) doesn't seem incredibly useful. i=100 always evaluates as true, so your loop never ends. And why do you want i to always be 100? I can't see MS fighting over ownership here.

    23. Re:Simply Answer by Anonymous Coward · · Score: 0


      So you think that Microsoft should include the source code to Windows if you pay them 100 bucks?


      Alot of other OSes includes sourcecodes. They don't seem to become a worse product by that fact, infact the opposite.

    24. Re:Simply Answer by tomstdenis · · Score: 1

      "Oh, come off it. Ask scientists how far along science would be if some guy who spent 100 hours discovering something didn't make his methods available and reproducable to the public at large."

      There is a difference which you guys seem to miss.

      When I sell you an application I'm not selling you the source code. I'm selling you a license to use a binary copy of the program for your own use.

      When you file for a grant you're an employee [of sorts] and as such required to show the granter how you earned the money.

      You're comparison is hardly valid.

      By your logic a restaurant is required to take you into the kitchen and show you how the meal is prepared.

      Or the movie industry should take you on location to see the movie live.

      etc...etc...

      Tom

      --
      Someday, I'll have a real sig.
    25. Re:Simply Answer by mangu · · Score: 2
      when you're forced to show people how you did everything you did, eventually some people who weren't able to competete with you before will learn how to do the same thing.


      There's only one condition where this is true: when you have proprietary binary formats for files. Other than that, the methods and algorithms used by commercial software companies are widely available in books and training manuals.

    26. Re:Simply Answer by tomstdenis · · Score: 1

      "Exactly like good stories. But you don't see anyone stripping a chapter or a few paragraphs from Tom Clancy and using it in their own books, do you?"

      That's hardly comparable. If I sell you a license to a binary package why exactly do I have to give you the source code?

      That's like buying a Tom Clancy story requires Tom Clancy giving you his rough notes and sources as well.

      There is a reason why they call them "products". You don't get the parts just the result.

      Just like you don't get the preparation steps and ingredients for Pepsi just because you bought a Pepsi.

      Tom

      --
      Someday, I'll have a real sig.
    27. Re:Simply Answer by Oliver+Defacszio · · Score: 1
      Look at patents .. you are granted legal protection for publishing your methods.

      So, my options, using your statement, are:

      a) Give away the source and keep a lawyer in the garage for the endless cases of IP theft that are certain to occur, not to mention my fruitless attempts to actually find any such cases in this vast world. Summary: costs a fortune in time and money.
      b) Give away no code and avoid the trouble entirely. Summary: costs nothing in either time or money.

      Hmm. Tough call. Sorry, junior, some people understand the difference between business and a hobby. Why would I pay attention to your idealistic flights of fancy when there are thousands who have no intention of rewarding my "good" (and naive) nature by stealing my ideas?

      --

      -
      Inventor of the term 'pardon my French'.
    28. Re:Simply Answer by sircrown · · Score: 1

      And they would spend a lot more money on lawyers.

      How does releasing the source help them sell more copies of their software?

    29. Re:Simply Answer by jsegall · · Score: 3, Insightful

      Think the airplane business. When you buy a 757, you don't get the blueprints for the wing. That's a trade secret.

      Bad analogy. When you buy an airplane you have a reasonable expectation that it won't break, or that if it does, it's the manufacturer's fault and they are liable.

      If I buy a piece of software, I should have reasonable recourse to fix problems with it. Other than filing a bug report to a corporation that isn't liable and probably won't listen to me.

      Including source code could be a solution to the problem, but doesn't have to be. A corporation should provide some means for fixing problems. This could be a highly dedicated customer support staff, but it could also be access to source code. If depends on where they want to spend their money.

    30. Re:Simply Answer by Anonymous Coward · · Score: 0


      The "food on the table" argument is completely silly. It is not because you can make money of some action that this action is morally acceptable.
      If a job is not morally acceptable, then you should not do it, and find another one. I have to put food on the table, does it justify that I steal to do so ?

      Bringing sentiments ("don't fall into this trap") instead of proving your point ("[I want EVERYTHING for free] is typical thinking on slashdot [...]") isn't the right way to achieve your goal.

    31. Re:Simply Answer by jwdb · · Score: 1
      I am curious as to how many people actually read the first article. It rather clearly states that, even though you are allowing everyone to see the code, you are not giving them the right to modify/distribute your code.

      "Note that I am not advocating open source licensing for commercial software. This is an important point. Companies and other organizations can still own their source code, just as Tom Clancy is the owner of his writing. The licenses for source code can be as restrictive or permissive as each company chooses. But the source code would be visible."


      So no, this would not fall under the category of OSS and you are not "giving away" your code. It's about independent auditing and allowing people to examine the inner workings of (but not redistribute) a product they bought to assure themselves of its quality.

      Jw
    32. Re:Simply Answer by 2short · · Score: 1

      So if I use well documented file formats, you won't care if I don't give you the source?

      "Other than that, the methods and algorithms used by commercial software companies are widely available in books and training manuals."

      Some of them. But not the ones people want to protect by keeping their source closed. I certainly don't recall writing a book about the algorithms that set my software apart from the competition...

    33. Re:Simply Answer by spruce · · Score: 1

      I don't think it's right to say all software should include the source. For example, if I write something like PKZip, or component software, or for that matter most off the shelf software, then no way I'm going to include the source code with it. What's to stop anyone from borrowing ideas, or portions off code, packaging it and selling it? Sure you could put some license in it, but I would just not trust the entire world to adhere to that license, and people will think of ways where it would be very hard to prove that they stole your product. These types of products sell for a fraction of the cost to develop and market them, but sell in volume for profit. And from the consumer's perspective, if I buy a product from a vendor and it totally sucks and doesn't do what they say, then I'll never buy from them again. But most software I've dealt with was supported by the company.

      Now on the other hand most companies I have worked for wrote custom business applications, where the needs are specific to a client. We always give the source as part of the project. This is just smart business from the buyer's perspective. If they have the source, then they're not tied to me (of course if we do a good job it only makes sense that they'll come back to us), but it just gives them a valid sense of security.

      So IHMO as with most things, you can't make a blanket statement one way or another.

    34. Re:Simply Answer by ajd1474 · · Score: 1

      Imagine company "A" releases the source for their code with each binary. Each customer makes their own additions to the software, compiles and then continues running their new modified code. Even if it is only a small adjustment, the product is no longer the product you were sold.

      How can companies offer support to a product when they have no way of knowing whether you are running an altered version of it? Furthermore, if company "A" sell "Intranet v1.0" to a company, and from then on that client can make their own changes, company "A" will never be able to sell an upgrade or another product to them again.

      No one is going to do that, just the same as no one will ever sell "The everlasting light bulb".

      --
      I refuse to have a sig... dammit!
    35. Re:Simply Answer by SirSlud · · Score: 2

      > Why would I pay attention to your idealistic flights of fancy when there are thousands who have no intention of rewarding my "good" (and naive) nature by stealing my ideas?

      Mostly because the benifit everyone receives from everybody sharing (but still legally protecting their ideas for a limited time a la royalty fee) their inventions outweighs the 'lost revenue opportunity' of those folks who dont repay you for your work.

      See: Music. See: Science. See: Photocopiers. See: Radio. See ... well, just see. There is an intrinsic benifit to society from freeing up ideas; you dont have to free them for free .. just let them be free and dont worry about the 'grey market runoff' that so groundlessly scares so many capitalists.

      Believe you me, I am not naive. I'm a cynic .. pretty much because of the fearmongering people dredge up when your talking about market dynamics and how intellectual content in new technologies interact with markets. People always get scared. People wait until their hand is bleeding before they realize they can unclench their hand without dying.

      --
      "Old man yells at systemd"
    36. Re:Simply Answer by Anonymous Coward · · Score: 0

      ... I have to put food on the table, does it justify that I steal to do so ? ...

      If that is the only way you can do it, then, yes.

    37. Re:Simply Answer by Anonymous Coward · · Score: 0

      When you buy a 757, you don't get the blueprints for the wing.

      An airplane wing isn't copyrighted.


      You fucking slashdotters make me laugh sometimes, spewing guesses as 'facts' to suit your own theories and arguments. Work in Aerospace for a few months and see just how much protection is given to keeping the design of everything under wraps, from physical wings, tails and body structure, the manufacturing processes to create them, down to the control system electronics and logic.

      You may be very correct in your argument about whether or not source should come with a product, whether software or plane wings, but don't throw bullshit into your argument. It weakens your position and makes you look a fool even if the idea you're presenting has merit. I also would like to see access to source code included as part of a software license.

    38. Re:Simply Answer by Bat_Masterson · · Score: 1

      But, if you have the complete source code for my product, that means you can turn around, rebuild it (perhaps with minor modifications), and resell it to recoup (and go beyond) the cost of the binary. That means, with very little effort and cost, you're now taking away my customers and making money from my work.

    39. Re:Simply Answer by Anonymous Coward · · Score: 3, Insightful

      Presumably, you would want the source to make modifications to it. Well, depending on the licence that the program is released with, too bad. You may not get to tinker with the source. Not everything is GPL'd, and for a good reason, folks.

      First off, noone ever said all the code needs to be GPL. Noone is asking for the code to be released under a license that permits unlimited distribution. Your assumption that the desire for source code is simply a desire to get something for nothing is moronic. The desire is for power over what you purchase, the same power as you have with buying a car and opening the hood.

      Second, why shouldn't the end user be able to modify their software to suit their needs? Lets say a bug is found. I could report the bug and wait for said company to fix it, generally in an uber-patch or I could fix it myself. With the former, you are stuck with said bug until the company decides to fix it. Do we really want to wait until SP1? What if said bug is a security risk?

      With a binary, or a CD, or whatever, you can add copy protection. Source code is just text. Cut, Copy, Paste, Compile. Now your friend has a working copy of a program he didn't pay for.

      Another misguided statement. No copy protection works. Hardware keys can be beaten. Keyservers can be faked. Copying binaries is just as easy as copying source. In fact, if you had the binaries and source and decided to give them to a friend, why would you bother sending them many many CD's worth of text instead of the much smaller, much more useful binaries? Remember, source code for various games has wound up on the net, as have binary game alphas/betas. Tell me which one gets copied more rampantly.

      Finally, how is releasing the source a shot to the foot? You still have to PAY for the source, the source is still protected under copyright. Regardless of what you want to believe, it is possible to know if your source is being used in an app you do not have the source for. Many times it has been shown that GPL code is in commercial apps in violation of the license it was released under, it would be no different with the source you release with your binaries.

      Think security software - say, your intranet system. You don't want your customers to have the source to that, because 1.) they probably wouldn't know what to do with it, 2.) it might fall into the wrong hands, or 3.) if they do manage to muck through it and change things, and somehow make their secure data hackable, there's a liability issue.

      To #1, your customers would probably not care for it until they needed it.

      To #2, if the 'wrong hands' are people interested in exploting your system then you should be flogged for creating a system that depends on its code being closed for its security. There are many programs that are considered quite secure that the source is viewable with. Also, remember that the source and 'secret data' such as passwords, etc are seperate and if said secret data falls into the 'wrong hands' then you have more problems than you can possibly know.

      To #3, if I open the hood of my car and drain the coolant, it is not Ford's fault when my block catches fire. If you change it, the changes are yours and liability is too.

      There are only two other reasons you would want the source - to steal the program or to just sit and stare at it

      If I want to steal the program, the source is not going to help me, I'll just fucking steal it thank you very much. Source code, to those people who can grok it, understand it and use it is invaluable. Small fixes to a program's behavior, the ability to tie a glue language into a product without any such previous bindings, the ability to audit, all of these are things that the source provides. None of them has a thing to do with stealing.

      With disclosing trade secrets often comes NDA's and lawyers. There's no reason this shouldn't be a part of the source code disclosure. Your inherent assumption that it's just some GPL hippies after free code is insulting and the fact that your post was Score:4 at the time of this reply only makes me further disgusted at the quality of moderation around here.

    40. Re:Simply Answer by Bat_Masterson · · Score: 1

      But you only get to look under the hood and see the rust on the engine after you buy the car. Or, in this case, you only get to see the source after you buy the binary.

    41. Re:Simply Answer by Anarchofascist · · Score: 2

      If I spend 400 hours writing code for something I want to sell, I'm not gonna give it away. I'm sorry

      You're not giving it away, you're selling it. You're selling source code availability as an added extra. It's an added feature that a certain class of consumers will see as a bonus. You can charge more for a product with included source code, with no extra effort on your part.

      How often do we have to say "free as in freedom" before people understand? Just because it's software libre does not mean that you can't charge money for it! It's not free as in beer!

      The message is clearly not getting through. Let me try again.

      You can charge for free software. You can offer the source code, with a price tag attached to it. I can charge you for the source to a software product. You can sell free software. You can license the source code in whatever way you wish, and charge people for the use of the software. A product with source code can be more expensive than a similar product with no source code, because the source code adds value to the product. Programs with source code can be sold to people. Software's value to the customer is improved by having the source code available, and you can charge for this added value. People are willing to pay more money to get your software if the source is included. The cost of software production does not go up, and the price goes up, when the source is included, increasing your profit margin.

      --
      Once more unto the breach, dear friends, once more, Or close the wall up with our American dead!
    42. Re:Simply Answer by Slorf · · Score: 1

      I couldn't agree more. I'm a big advocate of open source tools and languages, but I'm also a big fan of food, clothing and shelter for my family.

      Let's say you spend 40+ hours a week pouring your creativity and experience into a project, When the project is done, you get paid for the time put into the project. However, every developer who's actually earned a living as such knows that the vast majority of their time will be spent in maintaining, supporting and extending code, not writing new stuff. Normally, you get paid for that too. But if you give away the source, your services may no longer be necessary. Another individual with less experience may be able to make simple changes and bugfixes to your blood, sweat and tears without needing to fully understand the scope and complexities of the project. So much for all your hard work.

      Unless I'm greatly mistaken, the typical mortgage lasts 30 years (at least mine does). Companies aren't paying for brand new whiz bang programs every couple of weeks, especially not since the dot bust. They pay for the initial development and then long term MAINTENANCE of software that will be deployed and used for hopefully several years. This may not be as true for shrinkwrapped applications, but it certainly is for special purpose business software.

      What's wrong with wanting to make a living doing something you enjoy by keeping some source closed? When it comes down to choosing between some whiny l337 slashdotters living in their parents basements who want everything for free versus being able to feed my children, the choice is a no brainer.

    43. Re:Simply Answer by Oliver+Defacszio · · Score: 1
      There is an intrinsic benifit to society from freeing up ideas; you dont have to free them for free .. just let them be free and dont worry about the 'grey market runoff' that so groundlessly scares so many capitalists.

      Again, I will call this idealistic and naive. I am unashamed to admit that I am much more interested in obtaining a pile of money than I am a pile of karma by looking the other way as people steal my ideas. I guess I don't have enough (or any) faith in humanity to justify allowing my blood, sweat and tears to be carted away by the same people who wouldn't walk across the street to piss on my shoes if they were on fire. How many software packages have been offered for free with the only caveat being a nice e-mail to the author expressing the tiniest bit of thanks? How many of those deals do you think ever even approach 5% success?

      Frankly, screw the "intrinsic benefit" to society because no one appreciates such gestures. Look around here, for example; these Slashbots actually think they can justify pirated MP3s. I will never, ever offer the source of anything I create to the general public -- not for monetary reasons, but on pure principle.

      --

      -
      Inventor of the term 'pardon my French'.
    44. Re:Simply Answer by slayer99 · · Score: 2, Informative
      "If you pay for a program, you pay for the binary"

      Wrong. In most cases, you pay for the right to use the binary.

      --
      Martin Brooks / Slayer99 #linux / UIN 2178117
    45. Re:Simply Answer by joggle · · Score: 1
      An airplane wing isn't copyrighted.

      Neither is the recipe to make Coca-Cola, it's a TRADE SECRET. If it were copyrighted, the recipe would be, basically, "open source" and since it would have been copyrighted over 100 years ago, someone would have made a carbon-copy of it ages ago and the original Coca-Cola company would probably be history by now.

      If Boeing had copyrighted the entire design of its 757 (including the wing's airfoil specs), Airbus and others probably would have simply duplicated Boeing, and since they would have next to zero R&D overhead, courtesy of Boeing, they would be able to have significantly more profit. Does this sound fair to you?

      It's the same with source code. If I were to make an excellent FEM (Finite Element Analysis) for composite materials and sold the source along with the app, it would be trivial for someone with deep pockets to purchase one, have a code monkey copy the code into their entrenched product, and simply reap the benefits of the extra functionality while I loose my shirt. Even if I were to open source everything but the computation algorithms, it would be almost trivial to hack out the algorithm code and reverse engineer it (at least, it would be much easier, esp. since I was nice enough to write all of the code into one module and you know the external function calls for the algorithms).

    46. Re:Simply Answer by SirSlud · · Score: 2

      > these Slashbots actually think they can justify pirated MP3s

      Exactly. Yes, and the mainstream music industry has been destroyed because you _can_ copy mp3s. (Sarcasm, of course.)

      Just like how programmers will be destroyed because you _could_ copy their source. (Although I'm sure *you* would never steal anybody elses code .. hehe, too bad such an assertion would run counter to your fears of everybody else (oops, sorry, *but you*) stealing your work.)

      Its not naive. I'm just not willing to fuck our scientific gene pool and knowledge base for self gain. Its that simple. You take the selfish position, I take the selfless. Because yes, people will abuse welfare, but I'm not prepared to fuck those who benifit legitimately from it just because I'm too greedy to allow a small percentage of my wealth to fall into the hands of those who dont deserve it.

      Thats what makes me a naive selfless (but ultimately employed, well paid person who gives away 'ip' all the time .. funny nobody yet has changed what they were doing in life just to focus on copying and selling my hard work) person and thats what makes you a world wary, selfish (and gullible) person.

      The downfall of western culture (since were #1 now, we can know we wont be forever) will be because we refuse to deal with the rest of the world on *anything* but our own terms. ("Hey, we made this propserous land ... we deserve to ditacte the terms of our relationships!" goes the reasoning, right?)

      Thats the exact attitude that lets the pressure build up longer and longer before the fault inevitably gives way. Have fun.

      I just wanna know how we got from the Boston Tea Party, a revolt against tea makers who protected their position at all costs to increase their wealth, to today, where protecting your position at all costs to all people to increase your wealth is the very core of modern American values. The only reason you think a majority out there will willingly steal your ideas is because thats exactly the kind of paranoia and worldview that plays straight into the hands of those seeking to strengthen their position furthur (ie, the market leaders.)

      This isn't a tin foil hat, its an appreication that history is just a pendulum; those who honestly think it progresses in a line are just the ones who get left behind when the self-correction mechanisms kick in.

      Which isn't to say you'll suffer from your position. I'm sure you'll profit nicely. Just understand that your logic is completely self serving, and pray you dont end up in the way of a more 'fit' self server. Eshewing altruism (the act of giving without being garaunteed repaying) is a dangerous game to play unless youre willing to bet youll never be in a situation of need yourself.

      --
      "Old man yells at systemd"
    47. Re:Simply Answer by Decameron81 · · Score: 1

      What are you talking about? Selling software without the source code is not morally acceptable? Are you serious...?

      You should really understand that what you're buying is NO MORE THAN WHAT THE CODER WANTS TO SELL TO YOU. And this is "morally acceptable" since the poor guy probably spent several years trying to get the thing working.

      By giving away a car, it's not like giving away the blueprints. And still people can learn whatever they want by "reverse engineering" what the car company did, as much as they can reverse engineer the binaries but that doesn't mean I have to show them my whole documentation just because they paid $99!!

      And btw, I have no problem in giving away my code to a client. They just have to pay enough for it and it's a deal, I'm not giving something that to me is worth a lot of money for the "fair" price of $99...

      And if someone wants to make an Open Source competition to my software, so may be it... it means I'll have to work enough to make my product more interesting and complete.

      Decameron

      --
      diegoT
    48. Re:Simply Answer by endoboy · · Score: 1

      >>When you buy a 757, you don't get the blueprints for the wing.

      >An airplane wing isn't copyrighted.

      no, an airplane wing is a tradesecret. They still won't give you the blueprints if you buy a plane

    49. Re:Simply Answer by len_harms · · Score: 1

      Unfortunatly it is a naive point of view. All it takes is one semi smart thief to rip you off. Then you are no longer the only one with a cool feature. Proving that your code was used could be semi difficult. How would you do that?

      You can also create a new kind of pirate. The clone pirate. The software is hacked enough to remove any sort of copy protection then released as a 'perfect' copy. Sold/Given away as the real deal. I know most copy protection is fairly silly and in some cases trivial to break. However now this would basicly hand them the keys to do so.

      How do we get software designers and programmers to raise the quality of their work? Because few people ever see their immediate product (the source code), what would motivate engineers to do better? The answer is that all source code should be open and included in every software release.

      Shame will not work in making better code. If that is what the author was getting at. There are people out there that seriously belive their shit dont stink... Even IF you show it to them YOUR the one thats wrong. YOU did something wrong, NOT them. The code seg faults. But you pushed the wrong button?!

      The author stated why software is a problem. Its the schedule. Ive seen time and time again where schedules are created that have NO basis in fact. Days weeks months removed from a schedule just to meet some deadline, so some manager somewhere can get a bonus. Hack upon hack upon hack and eventually the house of cards WILL come crashing down. But by the time the cards come falling down the manager will be long gone and probably some OTHER programer will have to fix it. Who had no idea about how hack 384 worked. But depended on hack 375 to work correctly. But also needs hack 3838 to definatly work around some assumption made in hack 4. So he will add hack 4335 that could be fixed with one change in some other file. But he doesnt realy know the code that well and doesnt want to break anything. Because his manager and program manger are yelling at him to fix it to meet the current deadline which is in 3 days. When in reality the code needs a good scrubbing down and a proper redesign.

      A well thought out design and schedule can be a god send. A poor one of either and your screwed. Opening the code to outside people could run you out of busness. Most companies are shy of getting sued. How do you think they would react to the possiblity they could be run out of busness?!

    50. Re:Simply Answer by Anonymous Coward · · Score: 0


      Selling software with or without the source is the subject of the debate. And what are we debating if not the moral implication of each actions ?

      I'm not implying that it's moral or not to sell software without the code, I'm just saying that putting food on the table has nothing to do with the morality of not providing the source.
      Therefore, it's an irrelevant argument.

    51. Re:Simply Answer by mangu · · Score: 2
      So if I use well documented file formats, you won't care if I don't give you the source?


      That's right. There are zillions of jpeg encoders around, I don't care to see the source for each of them, because I can get the jpeg standard any time I want. On the other hand, whenever someone reverse engineers things like ActiveX, and that binary format becomes widely known, they impose on the market a new proprietary monopolistic standard. If you have been following the acronyms, it started as DDE, then it was COM, huh, well, I can't remember right now, but I'm almost sure there was something else between DDE and COM, then it became ActiveX, now it's .NET, which I'm not quite sure if it's binary or text, I believe it's xml-like, but I don't care anymore, I've joined the Open Source side.


      I certainly don't recall writing a book about the algorithms that set my software apart from the competition...


      Do you care to elaborate what software is that? I've been following the software market for the last 25 years or so, and I don't remember ever seeing any software set apart from the competition by a secret algorithm. Sure, there have been products that gained market share from innovative algorithms -- Doom with it's binary space partitioning is an example that comes to my mind -- but those algorithms have been known to the research community long before any commercial product implemented them. Right now, I can't recall any single commercial software product that dominated the market thanks to a secret algorithm in the last quarter century. Is your company an exception? Can you prove that?

    52. Re:Simply Answer by nathanh · · Score: 2
      Note to new slashdot readers: This is typical thinking on slashdot. I want EVERYTHING for free. If it's not free, it's wrong.

      This is NOT "slashdot think". The reality is that there are 100s of 1000s of slashdot readers and they all have their own opinions. This isn't the borg and there isn't a consensus across all slashdot readers. I'd bet a huge percentage of the slashdot readers don't agree that all code should be open but you won't ever find out because you're too busy telling slashdot readers how stupid they are rather than listening to the diversity of their opinions.

    53. Re:Simply Answer by bigdavex · · Score: 2

      Think security software - say, your intranet system. You don't want your customers to have the source to that, because 1.) they probably wouldn't know what to do with it, 2.) it might fall into the wrong hands, or . . .

      You realize you're suggesting security through obscurity? Security software should not depend on a secret algorithm. Someone will find out eventually.

      --
      -Dave
    54. Re:Simply Answer by Anonymous Coward · · Score: 0

      Let's see that stand up in court.

      Analogy: You're not paying for a book, you're paying for the right to read the book.

      What's up with you people? All you geeks seem to think you have a god given right to an income based on the "old" way of operating. You remind me of the old railroads!

      Times are changing - you can either get with it or go the way of the dinosaur.

    55. Re:Simply Answer by Anonymous Coward · · Score: 0

      You sure would think a follower of the software market of 25 years wouldn't compare DDE to COM.

    56. Re:Simply Answer by Anonymous Coward · · Score: 0

      Think the new WTC plans are lame? Check this out. [wtc2002.com]

      Seriously, that is one ugly building. Are they trying to make New York look like SimCity 3000?

    57. Re:Simply Answer by zerocool^ · · Score: 2

      Also keep in mind that by making it a uniform requirement for copyright protection, no one has an advantage over another and no one can "steal" another's code without it being quickly found out.


      Don't hide under the pretense of the protection of the law. If I write a wham-bam piece of software, and some big software company steals it, what recourse do I have? Sue them? With what time and money. Remember, I write software, my time is money. If they throw a team of $400/hr lawyers at me, and I have only myself to wade through the mountain of paperwork, then I'm farked.

      --
      sig?
    58. Re:Simply Answer by zerocool^ · · Score: 2

      You realize you're suggesting security through obscurity?

      Yes.

      Yes, I am suggesting security through obscurity.

      Security software should not depend on a secret algorithm. Someone will find out eventually.

      Yes, but with the source code, someone would be given a map. Without the source, someone would have to fly over and do their own reconnissance, have someone on the inside, and try a number of things.

      --
      sig?
    59. Re:Simply Answer by cpt+kangarooski · · Score: 2

      The problem is however, you are being greedy.

      I don't care if you don't want to release your source. That's fine. Enjoy.

      But you have not earned a copyright on the binary in that case. Because the binary isn't as useful to the public (inclusive of all other developers) as the binary + source is. Or as a book, or a movie is.

      Copyright was predicated on the assumption that all creative works would be as useful in their released form as a book, map, song, painting, etc. was back in 1789.

      Software presently breaks that. Thus, because the public isn't benefitting as much as we expected to, we shouldn't be granting a copyright to you until you have earned it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    60. Re:Simply Answer by DavidTC · · Score: 1
      Holy cow! I have an even better idea! I'll just buy one copy of the binary and resale it many times! Wow!

      Dumbass. Why do a good 75% of the people here seem to be missing the fact that the source code would be just as copyrighted as the binaries?

      --
      If corporations are people, aren't stockholders guilty of slavery?
    61. Re:Simply Answer by cpt+kangarooski · · Score: 2

      That actually IS ownership. EULAs are not worth the paper they're printed on. Don't assume that they actually mean anything in the vast majority of cases.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    62. Re:Simply Answer by Anonymous Coward · · Score: 0

      You mean we would get competition? Yeah, can't allow this to happen, it would completely ruin the "free" market in the United States of Soviet America.

    63. Re:Simply Answer by sql*kitten · · Score: 2

      There's only one condition where this is true: when you have proprietary binary formats for files. Other than that, the methods and algorithms used by commercial software companies are widely available in books and training manuals.


      There is a big, big difference between learning and implementing a piece of code yourself and cutting and pasting from someone elses code. Not least is that you are getting the original author's testing and debugging time for free. As I said in another post, the value-add in software is the time taken to do it.

      To reuse the car analogy, iron ore is just sitting their in the earth waiting to be dug up, but that doesn't mean that cars should be free.

    64. Re:Simply Answer by Decameron81 · · Score: 1

      Read this post:

      http://slashdot.org/comments.pl?sid=46273&cid=47 71 774

      I explain there why IMHO not releasing the source has to do with bringing food to your table. (I just didn't want to double post)

      Decameron

      --
      diegoT
    65. Re:Simply Answer by cybersekkin · · Score: 1

      BS if you buy a 757 you do get the blue prints as well and all the schematics to the engine, otherwise it is impossible to upkeep. The point is not that it is free but that when you purchase a piece of software you are doing just that purchasing it, that means if I can not modify it (hence one of the needs for the source code) I am being robbed of part of my purchase--this doesn't mean that I have any right to install it on 100 machines just that I have access to what I paid for which is only right.

    66. Re:Simply Answer by khakipuce · · Score: 1
      If a 757 wing was protected it would be protected by Patent (I know opinion round here is not too favourable for Sotware Patents but bare with me on this) - and Patents *require* you to disclose what it is that you are protecting. This is so that it is clear to others what you claim to be protected.

      I use a lot of open source but I rarely if ever look at the code. Often I don't even download it but I like the safety net of having it there if a product that I have committed a lot of time to falls short in one area or another.

      The argument about competitors reverse engineering a product is pretty fatuous. It is fairly rare that I see software that I could not write myself just by looking at what it does. Most of the algorithms and protocols are published in technical journals and on the web. The reason I don't write a given piece of software myself is time. This goes for all the companies I have ever worked for also - they only write the stuff they cannot by, whether or not they can get the source for it.

      One final point - look at the up-take of FREE, in every sense, software in large corporations. It is next to zero, M$ and the like make their money on enterprise wide deals to big companies and big companies will continue to pay if the source is avaialable or not and will never look at the source.

      --
      Art is the mathematics of emotion
    67. Re:Simply Answer by Bytenik · · Score: 1

      You're correct that some provisions of EULAs can't always been enforced, and are often illegal.

      However, the non-ownership clause isn't illegal. Think of it as a lease.

      --

      "Scientists prove we were never here."
      -- Devo

    68. Re:Simply Answer by cpt+kangarooski · · Score: 2

      Uh huh. Tell me how a license to use something in perpetuity, for a one-time, up-front payment differs in ANY way from a sale?

      Courts are quite capable, and often do, look at the true nature of the transaction. Regardless of what the parties involved are calling it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    69. Re:Simply Answer by cpt+kangarooski · · Score: 2

      Selling software for a term of years clearly is not a license in perpetuity. I'm talking about Windows, or Photoshop. I have no problem with licensure that is distinguishable from a true sale -- provided that complete and disclosed copies are deposited so that when the copyright term expires the work can properly enter the public domain.

      However, there are strong antitrust concerns in such a market as you describe, which should not be taken lightly.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    70. Re:Simply Answer by Anonymous Coward · · Score: 0

      And the competition that is wondering 'how did they do that?' simply spends $99 dollar, uses a cleanroom team setup, and can make a legal reimplementation of the tradesecret. It just doesn't fly.

      If it comes with source, it will come with a hefty NDA as well. And it won't be possible to buy it unless you pass a background check and are not on the list of possible competitors.

    71. Re:Simply Answer by Bytenik · · Score: 1

      Since you asked. It differs because the company can revoke your right to possess and use said item, since it does, in fact, not belong to you.

      From the user's point of view, you probably won't notice any difference unless you violate some term of the license.

      Maybe some day a court will rule that this difference is unfair, and will make it illegal.

      --

      "Scientists prove we were never here."
      -- Devo

    72. Re:Simply Answer by cpt+kangarooski · · Score: 1

      No, that's circular reasoning.

      I'm saying, if I sold something to you, but said that it wasn't a sale (despite the transaction posessing all the attributes of a sale), would that make it not a sale?

      Therefore, if I license something to you, but the only difference between the license and a sale is the name attached to the transaction, does that really make it any less of a sale?

      The answer is no, and the courts do make such rulings.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    73. Re:Simply Answer by Bytenik · · Score: 1

      It's only circular reasoning if I accept your position that the license and sale are the same, which I do not.

      I'm saying that the license "transaction" does not possess the same attributes as a sale, and therefore is not the same. Why doesn't it possess the same attributes? Because you and I, as licensee and licensor, have agreed that doesn't.

      You, as the licensee, have agreed to give up certain rights, which you are freely allowed to do. In return, I allow you to use my product, in perpetuity, or until you violate any other terms of the license.

      I can see quite clearly from your posts that you do not think that a person should have the right to give up ownership, particularly if a transaction is largely equivalent to a sale.

      If I sign a prenuptial agreement, I give up rights. If I ask you to punch me in the head, I give up rights. There are many ways to give up my legal rights.

      I don't see any reason, therefore, that the courts, should be able to tell me that I can't give up the right to own something just because I've paid money to use it.

      --

      "Scientists prove we were never here."
      -- Devo

    74. Re:Simply Answer by cpt+kangarooski · · Score: 1

      Well of course, there is the issue of whether or not there is a contract at all.

      However, courts do, for various policy reasons, decline to enforce, or rewrite, or void contracts all the time.

      In fact, not all rights are even alienable. There is a limit to how much you can legally have me punch you in the head.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  9. Competitive advantage. by IdleTime · · Score: 4, Insightful
    I really see several reasons why source code should NOT be shipped with a commercial product:

    Support of user modified code is impossible

    Competitors may take advantage of reading the source

    It's "my money" that went into developing the source and "I" want to reap the benefits of "my" work

    Bug handling would be a nightmare

    There are several other reasons too. I'm not sure why all source has to be open source. Sometimes I feel that a lot of people just want a system to be Open SOurce just because it is The Right Thing (Tm), not because it would give them anything.

    I have no problem with non-commercial software beeing open-sourced or even to a certain degree commercial software. But is it really necessary that ALL software is open source? I fail to see the need in all cases or the reason for it to be so.

    --
    If you mod me down, I *will* introduce you to my sister!
    1. Re:Competitive advantage. by FortKnox · · Score: 1

      Competitors may take advantage of reading the source

      There's your biggest point!
      This article sounds a lot like vocal people that preach how we should abolish all patent laws. Not all patents are bad!

      The approach of 'open sourcing everything' will just add truth to the "Open Source is Communism" trolls.

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    2. Re:Competitive advantage. by jmu1 · · Score: 2
      I'm sorry, but it sounds to me like you either didn't read the article, or you just don't comprehend.

      He's gone back and made amendments stating that code that would be thought of as 'the money maker' could be removed from the distributed code, remove constants and the likes as well. This would produce code that you could, for the most part, audit(or have audited) rather well. Basically speaking, this isn't just about the right thing as you put it. It is about responsibility.

      It's like the saying goes, if you lived in a glass house, you'd behave better.

    3. Re:Competitive advantage. by spinkham · · Score: 1

      Actually, this would be a setup much like patents.
      Other companies couldn't legaly make use of your code for a limited period of time, just like they can't make youse of your patent for a limited period of time. Copyright has had stipulations like this in the past. In fact, at one point, to be able to copyright a movie, you had to provide the Govt. with frame by frame prints onto black and white silver based paper with long life characteristics so that they could release it whe n copyright protection was over. There was much protest from the film industry that it would cost them too much money to print these pictures, and the provision was dropped. It's too bad, as now some movie companies have been known to destroy all known reels of film right before a work is supposed to go into the public domain.
      I think that a provision such as this should go into effect, and the Library of Congress could easily store a DVD or other digital copy of the films at very low cost. (and of course, stoping the perpetual extention of copyright.. Another story...)
      Now, the same idea would work well for source code. If everyone had to open their code, it'd be easy to check if copying was going on. Maybe it would make more sense to put the code in escrow with the Govt to be released later if immediate release would be to much to swallow...

      --
      Blessed are the pessimists, for they have made backups.
    4. Re:Competitive advantage. by Anonymous Coward · · Score: 0


      - Who said that support user modified code is obligatory ? There are ways to authenticate binaries.
      - It's not a "one way" advantage : you can read competitors code also.
      - a lot of people effort went into your source : your teachers, your parents, the people who designed the software you use.
      - large Open Source projects like Mozilla already deal pretty well with bugs

    5. Re:Competitive advantage. by astar · · Score: 2, Interesting
      The company I work for, TOM Software, ships essentially all its code in source. The exception is some security copy protection stuff. So we end up with a three-tiered system: security, framework software without comments, and application code, with comments. We protect the framework software stuff with NDAs and copyrights that prohibit modification.

      I do not know if we have a mission statement, but what money we make comes from the rapid development aspects of the software and the ease of customization of application code.

      We sell through a network of dealers (you can be one) who usually deliver the source to the client. The client signs a NDA too.

      People do manage to steal from us, and we do not like it, but it is not a day to day concern.

      We do accounting software. The application code is called by the framework to do its business, like accept user input for a file maintenance design. The application code tends to be pretty much just business logic that is executed by our framework software. This probably all works for us because we use a third party language product that ties to the server.

      So I conclude that shipping source *can* be a viable business model, even with proprietary software. But it is true that the user base is relunctant to upgrade, and this often is because of customization issues. So our new versions have to be pretty compelling to generate an upgrade.

      Customization of application code is not otherwise a big problem for us. Usually, we can just talk our resellers through a customization bug. In some cases, we need a copy of the system.

      This approach has a history back into the '70s. Application code and designs from that period can still be automatically converted to our current gui system. I think this history merits consideration.

    6. Re:Competitive advantage. by DavidTC · · Score: 1
      Competitors may take advantage of reading the source

      Um...that's the entire point of copyreight protection. You get a limited monopoly on a product in return for contributing to the public domain. (This is the point of patents also.) People get to look at what you did and how you did it, use it in limited ways for personal use, and only you get to make a profit off it for X years. Then it falls into the public domain.

      It really amazes me how many people think the point of copyright is to have authors 'own' their work. Copyright creates an incentive to create, that's the entire point, there is no 'right' to control other people's ability to copy something you originated.

      It also really amazes me that people can claim companies should never have to release source. They should obviously have to give up the source after their copyright expires, it's just no software copyright has ever expired.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    7. Re:Competitive advantage. by Ripplet · · Score: 1

      To take your points in order:

      >Support of user modified code is impossible
      Eh? Maybe you should ask Linus about this! Seriously though, the suggestion is that this is a one way thing, you don't have to support anything that's user modified. On the other hand, you could put in your contract that you do support it. It's up to you. It may be something extra to handle, but it sure ain't impossible.

      >Competitors may take advantage of reading the source
      Well, if I give the source to my customer, then it's up to them to look after it. Only the customer gets it, it's not like the source is published on the internet. And presumably the customer will take the same security measures they take with the rest of their trade secrets to make sure their competitors don't see it.

      >It's "my money" that went into developing the source and "I" want to reap the benefits of "my" work
      I beg your pardon, who paid for this stuff to be developed? I don't own any of the code I've ever written professionally, it's all owned by my past employers or clients (I freelance now). What further benefits can you reap? Sell the same stuff again to someone else? In that case your customer is going to be pretty pissed if he paid for it's development originally.
      > Bug handling would be a nightmare
      Why does this change? The only thing that could happen here is that the customer points to actual code where he thinks there might be a bug. What's the problem with that?

      So if you and your customer want to get into this sort of contract, I don't think it's a problem. But it will be more effort for you, and therefore cost the customer more.

      --

      Skiing? Check out The Independant Skiers Portal

  10. Exhibitionary Code by Shamanin · · Score: 0, Troll

    int main()
    {
    printf("Hello World\n");

    return 0;
    }

    OK... there, are you happy now!

    --
    come on fhqwhgads
    1. Re:Exhibitionary Code by Anonymous Coward · · Score: 0

      public static void main(String[] args) {
      System.out.println("Hello World!");
      }

    2. Re:Exhibitionary Code by nogoodmonkey · · Score: 3, Funny

      I have been wanting the source for this wonderful program for years. ;-)

    3. Re:Exhibitionary Code by Anonymous Coward · · Score: 0

      ha ha Javur. You Sir, are too easily led by marketers. Grow some free will damnit.

    4. Re:Exhibitionary Code by sconeu · · Score: 2

      Error 2: printf undefined.

      You forgot "#include <stdio.h&gt"

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    5. Re:Exhibitionary Code by Anonymous Coward · · Score: 0

      I'm sorry, but you forgot:

      #include

    6. Re:Exhibitionary Code by Anonymous Coward · · Score: 0

      If you had read the article you would have known not to hard code the text. Remind me not to buy one of your programs.

    7. Re:Exhibitionary Code by Shamanin · · Score: 2

      Well, yes and no. If you compile it as straight C code (with a .c extension) it will work without the include (using gcc or cc). If you compile as C++ (with a .cc or .cpp extension) it will give the error you stated.

      --
      come on fhqwhgads
  11. And by Anonymous Coward · · Score: 0

    There'd be a HOWTO that told you how to do everything... but they'd assume you've already read all the other HOWTOs and were already an expert car mechanic or Automotive Engineer.

  12. He's right, in more ways than one by Noose+For+A+Neck · · Score: 0, Interesting
    First of all, I'd like to congratulate this guy on his ability for economic insight. It has been clear for some time now that the software industry is moving from a product market to a services market, and top companies like IBM, Oracle and VA Software have seen this coming and are taking advantage of it. To put it simply, there is no profit to be had in selling software anymore.

    However, right is a word that, in the English language, has several meanings. In this case, he is also right in a moral sense. Software authors are morally obligated to make their software and source code available to their users Free of charge. Any other action indicates that they wish to take away the rights of their users and forever enslave them under the tyranny of EULAs and closed-source software. They owe it to us, the buyers who have supported them for all these years, to let us see their source code.

    I know that this view may generate a lot of controversy among those with a vested interest in seeing the rights of software users taken away, but I feel I must get this view out in the open and let my fellow open source coders know that they are not toiling away in a vacuum, that people out there do appreciate them. Thank you.

    --

    Software piracy is victimless theft.

    1. Re:He's right, in more ways than one by Anonymous Coward · · Score: 0

      To put it simply, there is no profit to be had in selling software anymore.

      Damn. I hope somebody tells Bill Gates.

    2. Re:He's right, in more ways than one by AlgUSF · · Score: 2, Insightful

      No profit to be had in selling software? Tell that to MSFT!

      --


      I want my rights back. I was actually using them when our government stole them after 9/11.
    3. Re:He's right, in more ways than one by nogoodmonkey · · Score: 5, Insightful

      To put it simply, there is no profit to be had in selling software anymore.

      Please tell me you are joking. Microsoft makes a lot of money off of software. How about Adobe? Macromedia? Real Networks? Symantec? The hundreds of game companies? Should I keep going?

      I believe that source code should be released when the product is out of support (the source for Windows 95 should be release, for example). To release the source for commerical applications with many users (Windows 2000, Windows XP, even antivirus software) would just be insane because of the amount of hacking that would take place.

      I do contribute on a few open source projects, but I do not believe that everything should be opened just because a few of us write code that is opensource. What is the percentage of OSS coders compared to programmers that code closed source applications. Might be a good /. poll.

    4. Re:He's right, in more ways than one by kannibal_klown · · Score: 1
      First, let me say that software still makes a lot of money. In a recent article (which I believe was mentioned in slashdot about 2 weeks ago), a majority of Microsoft's money comes from Windows and Office (more than most people expected).

      As for the morally obligated part of your post, where is this coming from. Someone the other day said the same thing. How is releasing the code a moral necessity? Do chip manufacterers release the design, description, and all relevant info to make the chip? Do restaurants and companies release their recipes? No, because otherwise they have no way of making money.

      Example:

      A friend of mine is almost done writing his own application (which has been getting good reviews). He took an idea that's been done a few times, but put a LOT of new ideas, concepts, and enhancements... making his product like 20x better than what's currently in the market. It's gotten great reviews by the target market.

      Using your moral obligation theory, he would have to release the source code. First, someone could possibly recompile the code. Second, any competitors (potential or current) could see these new features and HOW he implemented them. All of a sudden, This produyct he put 1.5 years and Thousands of dollars into isn't selling... BECAUSE some 2-bit-hacks use his algorithms (and perhaps code) to make the same product in like a month.

      True Story

      Someone a few years ago (a pioneer in this area) released a bare-bones version of the app/utility for Flight Sim and RELEASED the source code under the GPL. GUESS WHAT... within a month someone released something that was almost EXACTLY the same, was the same file size, performed the same speed, etc. He is STILL selling this product today based on what the original guy did (even though the first guy released the code under GPL or something, it wasn't worth persuing since he didn't have enough money). Sure, the seller denies it, but it's pretty damn obvious.

      You people are either not in the software development business, or are lacking some common sense. This isn't meant as a condensending remark, just an observation about your practical knowledge in supply+demand.

    5. Re:He's right, in more ways than one by Anonymous Coward · · Score: 0

      > Please tell me you are joking. Microsoft makes a
      > lot of money off of software. How about Adobe?
      > Macromedia? Real Networks? Symantec? The hundreds
      > of game companies? Should I keep going?

      Let's go through the list. Microsoft is losing money on everything except Office and their OSes and both are in danger.

      Real Networks is struggling to stay alive.

      Symantec isn't making money off software, it's making money off the virus subscription service. A virus scanner is worthless without constant upgrades.

      Adobe? Macromedia? I don't know about those.

      But the point is, it's extremely hard to make money in software. That may change if Microsoft stops giving away technology in order to drive out competition (e.g. XBox) or open source developers stops producing competitive software (e.g. Linux, Apache, OpenOffice, Mozilla) for free, but I wouldn't hold my breath on either of these happening soon. Seriously, why would you sell software if, when you become successful either Microsoft will compete against you and squash you or open source will compete against you and force you to give your software away in order to compete?

    6. Re:He's right, in more ways than one by stagmeister · · Score: 1

      I believe that source code should be released when the product is out of support

      However, if the source is released **after** it has stopped being supported, then all those bugs that would have been found would not be supported, and there wouldn't be a Windows 95.1 version released that fixed all the bugs people found by looking through the source.

      It makes more sense to release the source code (if you're not going to release it when you first release the program) once your copyright is over. When your copyright on Program X is expired (assuming that the congress lets **any** copyrights expire from now until eternity), then you do not have the copyright to the code, and probably by now it is REALLY out-of-date, and your current product is FAR beyond what Program X was, in terms of its capabilities, complexities, and features, so it wouldn't be a threat to your current product because it is obselecent technology, not the cutting-edge.

      --
      http://www.virtualvillagesquare.com/ Online Communities: The Next Generation
    7. Re:He's right, in more ways than one by speby · · Score: 1

      In addition, I would like to point out something. Making money by selling software is more profitable than developing and then selling the same software. On that note, one should notice a number of the motives behind a lot of the software industry's players' moves are. Think about Macromedia's purchase of Allaire's ColdFusion, Microsoft's purchase of DOS (er... CP/M), IBM's puchase of Tivoli. Even for some of the top software companies, buying all of the copyrights and licenses (or the whole company, dammit) makes more sense than developing and then selling your own.

  13. A script kiddies dream? by Keick · · Score: 3, Interesting

    Now imagine every script kiddie having the full source to W2K or XP, or heck even Office. Lets say, following the rules of the article, MS removes the 1% of intellectual property and replacing them with stub routine. There is still enough there to determine the weaknesses, and maybe even enough to create a new trusted OS that really isn't trusted?

    I understand the benifit is to be able to determine the weaknesses and report them back, but as fast a MS is at getting patches out, this would become insane really quick.

    1. Re:A script kiddies dream? by SquadBoy · · Score: 1

      This is the *perfect* troll. Thanks. :)

      --

      Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
    2. Re:A script kiddies dream? by Anonymous Coward · · Score: 0

      The article doesn't say "give away all the source" it says give away most of the source. The IP and other important parts should be left out in such a way that it will compile, but not work.

      You should be able to see the structure of the bulk of the code without knowing all of the little secrets in the juicy parts.

    3. Re:A script kiddies dream? by Anonymous Coward · · Score: 0

      MS has proven time and time again that they can't even handle the rate of security issues the community provides them when they don't have the source (not to mention the numerous flawed patches they've released).

      At least if the source was available a community would form and unofficial patches could be made available at the rate of open source patches.

    4. Re:A script kiddies dream? by brsmith4 · · Score: 1

      I doubt very many script kiddies can code, let alone understand M$' code.

  14. Honestly, it would never fly. by cybermace5 · · Score: 2, Insightful

    If this was an industry requirement, you wouldn't have developers shipping tight, well-planned code.

    You would have no developers and no applications. Technological progress has always centered on riding the bleeding edge, where the programmers themselves barely have a clue what the heck they're doing. If people knew how much of the stuff they use was designed under impossible time requirements by bleary-eyed schizophrenics, we'd still be riding in horse carriages.

    Look at how today's technology compares to NASA. They sit and pore over every detail, examine and re-examine; approve and check. What are they using in the space shuttles? 386's for main computers still?

    Requiring open code would put many companies out of business. A lot of customers have their own businesses depending on applications, and they don't care if the code is nice; they just want something that works most of the time and keeps their business running. That and a support contract keeps them happy, and the developers can gradually issue fixes to reduce the twinges of sloppy-code guilt.

    --
    ...
    1. Re:Honestly, it would never fly. by sconeu · · Score: 4, Informative

      \i{Look at how today's technology compares to NASA. They sit and pore over every detail, examine and re-examine; approve and check. What are they using in the space shuttles? 386's for main computers still?}

      BZZZT! And thank you for playing. They don't use '386s because they spent so long checking the code.... They use 386s Because they've been proven reliable. They spend hours and months poring over the code, providing traceability and working on correctness because if they fuck up, people die.

      You can't compare NASA to today's "Ship it now! If we ship an hour later we'll lose $1M" business world. Totally different set of requirements.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Honestly, it would never fly. by cybermace5 · · Score: 2

      Idiot.

      That was my point. If you want massively checked and proven code, as would be required when baring the source for everyone to see, you pay the price of slowed development.

      You can compare NASA to the business world. If the business world had to do it the way NASA does (yes they HAVE to do it that way), development would be slowed to the point of being financially unfeasible.

      --
      ...
    3. Re:Honestly, it would never fly. by Anonymous Coward · · Score: 0

      Opening the source will not make it impossible to make shit software. It will just make it easier for the customers to avoid shit software.

      So yes, companies producing shit software may go out of business. Not because they need to make things better, but because they will loose their customers.

    4. Re:Honestly, it would never fly. by Anonymous Coward · · Score: 0

      Why is that good? Much of that "shit software" is what customers use to make their business grow. It may not be pretty, but it works. That's why Microsoft made it big. Bill sold stuff before he even developed it. Yes, it's not the prettiest, yeah, it's full of bugs. But you can't deny it helped propel the computing industry in a way that left all previous economic trends in the dust. Microsoft is flexing their muscles way too much now, but they are a huge part of the reason the technology industry is where it is today.

      Seat-of-the-pants flying is a trademark of fast economic and technological growth. People have to be willing to push a little farther; try to sell something just beyond their capabilities. There has to be push, or pull...humans are very willing to settle into a routine.

      So you want companies producing "shit software" to go out of business. Screw you. I want companies to take risks. I want stuff hot off the compiler sold before beta stage. I don't want to sit around waiting for some nitpicker to make sure all the spaces are aligned in some obscure function. I don't want companies to go out of business, plunging the tech industry into stasis. I want to go to space before I die, dammit! The fact is a lot of software you sneer at works, and makes business work.

      I use Linux, and I like to hack around in the kernel, play with unsupported hardware, etc.,. But Linus Torvalds didn't sit there and poke around at code until it was perfect. No, he got off his ass and released it, allowing others to get in on the project. His ideas got out there and brought a community together on one goal, and something pretty cool came out of it. It was because something was released before it was really done; there were and are bugs, but it is usable. If he had kept Linux longer, tweaking it until he thought It Was Good, we'd still be using 1.x series kernels and Microsoft would be twice as able to crush Linux in its infancy.

      So in your world, half the tech companies will crash, and those who have the vast resources necessary to double their coding workforce will survive. That sounds really great for companies like Microsoft, IMHO. I hope you like eating your MS-Burger with MS-fries, and washing it down with an MS-Cola while listening to MS People's Radio in your MS-mobile (blue).

  15. nonsense by frieked · · Score: 0

    I'm not sure what kind of dream-world this guy is living in. He's got a lot of good points but he can't possibly back them up against all the criticisms. There's too many reasons for people to keep their source closed and only a few are in that article and he didn't even defend those to my liking.

    --

    I have often regretted my speech, never my silence.
    -Xenocrates
  16. This is 100% stupid by swissmonkey · · Score: 5, Insightful

    99% of the people absolutely don't care about the sources, why should they have to spend 20 more minutes downloading a bigger package if they absolutely don't care about it ?

    Who do you think you are to require people to open their code ? If you don't like closed source software, don't buy it, it's as simple as that.

    Authors also have a right to freedom, it's not only for the users.

    1. Re:This is 100% stupid by Anonymous Coward · · Score: 0

      I couldn't agree more. What a waste of bandwidth this article is. We should no more care what some individual software consultant thinks about the economics of this situation than we should care about either Alec Baldwin's, or Barbra Streisand's, or Charlton Heston's thoughts on politics. This must be a VERY slow news day.

    2. Re:This is 100% stupid by Jonny+Ringo · · Score: 1

      99% of the people absolutely don't care about the sources

      So I guess that should be 99% stupid. Just saying is all. :-)

    3. Re:This is 100% stupid by Night+Goat · · Score: 3, Insightful

      The downloads could be broken up into binaries and source code. Nobody's saying the public would be forced to get the source, the author's only saying that the companies would be required to make the source code available to people who bought the software. If it was shipped on a CD-ROM, it would be on the CD. If it was bought over the web, there'd be a link for the source code. No mega-zipfile.

    4. Re:This is 100% stupid by Anonymous Coward · · Score: 0

      You'd definitely be the expert on all things 99% stupid.

    5. Re:This is 100% stupid by joyoflinux · · Score: 2

      Hmmm. Good point -- it might be better if the company was required to provide the source, but not necessarily on the regular disc, as long as it was available on their website or on another CD.

    6. Re:This is 100% stupid by GordoSlasher · · Score: 1

      Most users don't care about source code, but many would like to see design and architecture specs. Especially when selling complex systems to businesses, the customers need to (or should) know how the software will behave under stress, in error conditions, potential security flaws, etc. Most of these things you won't find by a casual reading of the source code, but it won't take long to find out how well they were considered by the architects and designers.

    7. Re:This is 100% stupid by Anonymous Coward · · Score: 0

      I don't know about your 99% figure. Maybe if you just look at all the folks who use MS Word. But people like me who support and administer computers would love to have the source code for everything, for two main reasons:

      1) Documentation. You need to know what the XYZ function does, look in the source code. You need to know if the code can handle tags nested 500 levels deep, look in the code. Yeah it takes a little longer than reading a manual, but manuals can be incomplete or wrong or too simplistic. And since most vendors have a stick up their ass about telling you anything, you can rarely just call them up and ask "what algorithm did you use here" or something.

      2) Bug fixes. Sometimes programs have stupid little bugs that can be fixed in a few seconds. Or cosmetic bugs like a screen redraw not happening right. It's MADDENING to see the same bugs over and over in each release, and no matter how much you email them, they don't bother to fix them because they aren't show-stoppers. Well, why can't *I* just fix the bug?

      Recent example: one program I used only showed dates in an 8-character field, and cut the string off on the right. Well, if you use ISO dates like "2002-11-26", then they become "2002-11-" which makes them pretty useless. If I had the source code I would change it to cut off on the left: "02-11-27". But no. I can't. Ironically, the open-source software you can download for free gives you more flexibility than the stuff that costs money.

      So I agree with this guy 100%, when you buy a piece of software, the source code should come with it, or at least be available for a reasonable fee. Not "open source", but "source code included". Or they could say "choose one: support or source". I'd go with the source, since most support is non-existant unless you have lots of money.

      Microsoft and others have "trained" us to believe that software is a black box. It should be more like a toaster or a car: you can pop the hood. I don't know if it would make software better in terms of quality, but it sure would make me a let more willing to pay for it.

      Should companies be forced to include source code? No, but buyers should start demanding it.

      I'm glad open source is available, because that's what I buy whenever possible. Vote with your dollars!

    8. Re:This is 100% stupid by JohnnyCannuk · · Score: 2

      Well, your average user won't want it...you're right.

      So I suppose it shouldn't be part of the "download" or cd distribution.

      But I do agree that the software should be "publicly" available for inspection. If the source to Windows or IE were available, people who would want to know such things could actually see all those security holes and exploits before they are "exploited". MS might not produce such shoddy software then.

      Think of it as peer-review of code. Where I work, our code is always peer reviewed and heavily commented before it goes to a client, so some poor shlep can come along in 2 years (and it might even be the same shlep that originally wrote the code!) and change or maintain it. If your code is consistantly crappy, uncommented or uses poor practices and standards, you don't work here long.

      The same should be true of major commercial software. I, or anyone else with the knowledge, time or desire, should be able to review the code to IE to see if all those security issues result from design or programming flaws. I can get the code as uneditable, uncopyable, unprintable PDF if "code stealing" is a concern.

      Many of these programs get hacked, stolen or dissasembled now, without the source code available. Making source available will not make it worse. It could arguably make it easier to enforce "copyright"...It will be crystal clear who "borrowed" the BSD code and used it in their own commercial implementation of the TCP/IP stack ;)(etc).

      Companies may want to have their own or "hired gun" experts inspect the code as a condition of purchase. Would you buy a house without having a home inspector go through it an tell you if the furnace was old, if the roof leaked or if the back porch was about to fall down? Buying commercial software for many medium to large companies is an investment on the same magnitude as buying a house is to individuals. Why shouldn't they have the same ability to protect themselves?

      The only other way would be to make all existing EULA's null and void and hold software companies finacially liable for any "harm" caused by security breaches or bugs in their software...

      --
      Never by hatred has hatred been appeased, only by kindness - the Buddha
    9. Re:This is 100% stupid by sql*kitten · · Score: 2

      If the source to Windows or IE were available, people who would want to know such things could actually see all those security holes and exploits before they are "exploited".

      I'm sure you believe this, but source code availability didn't stop people from exploiting security holes in bind and sendmail and sshd and so on (review bugtraq and CERT archives if you require convincing).

      The problem is that everyone repeats the mantra that many eyes make all bugs shallow, but everyone also assumes that everyone else is doing it so doesn't bother. There's little evidence that open source software actually is any more secure than close source.

    10. Re:This is 100% stupid by JohnnyCannuk · · Score: 2

      Well, those exploits were also fixed quickly becasue the source was available.

      How many IE exploits are there right now that are either known and unpatched or just unknown to most people?

      And since those exploits happened, if you were expert enough to know the coding problem that caused them, you could certainly recognize the same mistakes in the source code of another mail or shell implementation? But of course, you don't have the chance to even look in the source to Exchange etc to see if the mistakes were made there becasue you can't see the source....

      If a company is going to shell out a few million for an enterprise mail system, they may not think much of spending another $20k or so and hire you to go over the source to make sure BEFORE they buy.

      Maybe jsut sue them if something goes wrong. But then money goes to lawyers not developers ;)

      --
      Never by hatred has hatred been appeased, only by kindness - the Buddha
    11. Re:This is 100% stupid by Prune · · Score: 1

      > why should they have to spend 20 more minutes downloading a bigger package if they absolutely don't care about it? You are attacking a straw man. The source could be available separately; it is not proposed that every customer should be forced to get it.

      --
      "Politicians and diapers must be changed often, and for the same reason."
    12. Re:This is 100% stupid by sean23007 · · Score: 2

      Opening the code does not force people to download it, it allows them to download it. It only takes 20 more minutes if the person wants to download 20 minutes of source.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    13. Re:This is 100% stupid by Slashamatic · · Score: 2

      If I don't care about performance, I can download the latest binary package for Linux. It is fast and easy to deploy. If I do care, then I can grab a source package and rebuild for my system. As I don't own an Intel 386 anymore, it is fairly ceratin that the new binary will perform better.

  17. I have to ask by greechneb · · Score: 2

    how many people really would look at the code anyway? Most people don't understand coding enough to make it worthwhile. The people that need to look at the coding probably already have access to it through their software contracts. It sounds like a good idea, but not many people really care to look at the source of their programs in real life (other than the slashdot crowd)

  18. open source by chunkwhite86 · · Score: 2, Interesting

    While I think the _quality_ of the code, when released as open source will certainly improve; a corporation would not want the image of having sloppy code, I think this could be a bad idea in certain areas, particularly for propriatary military and defense department systems.

    On the other hand, it could be a very Good Thing (tm) for those same systems because the Many Eyes concept would certainly "harden" the code. In the meantime however, more exploits and bugs would certainly be found, and DoD is not the type of establishment that wants to have known visible security flaws.

    --
    I'd rather be a conservative nutjob than a liberal with no nuts and no job.
    1. Re:open source by swissmonkey · · Score: 1

      The "Many Eyes" system is good in theory and doesn't work that well in reality.

      The fact that you can look at the code doesn't mean that you actually read it.

      sendmail, bind and wu_ftpd have been around for years and years, they are some of the most used open source tools, yet their code is in no way better than closed source tools.

  19. Where's the money? by Flamesplash · · Score: 5, Insightful

    The problem with OSS is that there is no money in it.

    Some have said that the money is in tech support / documentation, but that is just as bad.

    If your product generates enough tech support revenues to support a large project then you simply wrote horrible software, and chances are if you did write horrible software it won't be used. It's a paradox, so it probably won't actually happen. And people aren't that stupid - I hope.

    And if you charge people for documentation, then I simply call that bundling. You are paying for a bunch of documentation that just happens to come with some software.

    The way to make companies produce good software is to stop buying crappy software. It's pretty simple. If people stop paying for expensive tickets to go to professional sports then guess what, they will lower the price. It's simple economics of backlog.

    --
    "Not knowing when the dawn will come, I open every door." - Emily Dickinson
    1. Re:Where's the money? by TheAncientHacker · · Score: 2

      Very simply, including the source code (or, for that matter open source) merely removes the economic incentives to pay technical people. The differentiators between products become how much they pay their marketing, sales, support, packaging, documentation and executive staff. The only one who gets screwed in the equation are programmers. Funny thing, I kind of feel that the work of the people actually inventing a product is actually worth more than the people piggybacking on top of it.

    2. Re:Where's the money? by Dalcius · · Score: 1

      Here are some points for you:

      1) opensource.org
      Read some of it, you might find that it makes you think a bit more about this.

      2) Just because something is OSS doesn't mean you can't sell it -- read: copyright law.

      3) Just because something is free doesn't mean people won't buy it. You can download Red Hat for free. Red Hat as a company is profitable these days.

      4) Many companies are based on solutions. Like the one I work for. Clients ask for custom programming, and we do it.

      There are other points that you can read on opensource.org. Oh, and no, I have absolutely no relation to the OSI.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    3. Re:Where's the money? by Flamesplash · · Score: 2

      2) Just because something is OSS doesn't mean you can't sell it -- read: copyright law.

      True, but exactly how much Commercial software sold is OSS?

      3) Just because something is free doesn't mean people won't buy it. You can download Red Hat for free. Red Hat as a company is profitable these days.

      I don't think I agree. Their stock has gone from $150/share to $7/share in 3 years, and they have negative earnings projected. And again one of the things redhat banks on is that linux is obfuscated and people will need help. Also Redhat is not commercial software last I checked.

      4) Many companies are based on solutions. Like the one I work for. Clients ask for custom programming, and we do it.

      true, but I don't really consider that commercial software, and surely the client is not going to make the code they buy OSS to others. And I don't think that was what the article was targeted at either.

      --
      "Not knowing when the dawn will come, I open every door." - Emily Dickinson
    4. Re:Where's the money? by John+Percival · · Score: 1

      Ok, I've not read the article (too tired to understand it probably anyway), but I have read a lot of the comments above.

      The author is not advocating all software should be given away - he's saying that when software is sold, the package should include source code as well as binary.

      As a counter-example to the parent, I would like to present vBulletin. The only (real) way of distributing PHP scripts is to distribute the source. vBulletin sells the source code, and this money pays for ongoing development and support costs. Customers can modify the code, but it is not supported if they do that.

      And since people pay up front for the (unlimited) support as part of the whole package, it is a good reason for us to write quality software - to keep support costs down.

      So yes, the method of software distribution advocated by the author of the article can and does work and there is money in it.

    5. Re:Where's the money? by Anonymous Coward · · Score: 0

      No, those with no incentive to pay for the software already uses pirated copies.

    6. Re:Where's the money? by TheAncientHacker · · Score: 2

      Which at least steals from the marketing, sales and management people as much as from the techies.

  20. Re:Why open source software sucks by SmoothTom · · Score: 0, Flamebait

    . . . And they would build the car in your driveway from parts they scavenged from other projects or got by mailorder.

  21. He kind of has a point - but not. by Anonymous Coward · · Score: 5, Insightful

    If we take source to mean the building materials of a program, everything else is open.

    Words of a novel can be yanked off a page. You can order enough parts, individually, to make your own car rather than purchasing it from a dealership.

    You can always order wood and build a desk yourself. Got enough heat? You can make your own wine glasses that are exactly the same as those ones off the shelf. Everything, in reality, is pretty much open.

    There's a difference with code, though. If I write a program, a person with the source can compile it and use it without having any sort of skill. Whereas someone lacking skill can *not* write Lord of the Rings. They can't build a car for themselves that I'd wish to ride in. Their desk would likely fall apart. Their glasses would end with them receiving severe burns.

    If you wish to compare source code to everything else that's open, then, by the Gods, compare it fairly - compare the compilers, the availible libraries, etc.

    The tools and materials are there. The skill? The skill is why source is often closed, and in many cases, should be closed.

    1. Re:He kind of has a point - but not. by plierhead · · Score: 2

      For some reason I'm left with the strong impression you're sitting at a wooden desk driking a glass of wine, with LOTR on your desk or bookshelf ??

      --

      [x] auto-moderate all posts by this user as insightful

    2. Re:He kind of has a point - but not. by Dalcius · · Score: 1

      While you do have a point, two things stand against it in some form:

      1) People will buy things that are free. Example: Red Hat is profitable.

      2) One cannot simply take source, build a program and sell it, if all source is required to be auditable. That violates copyright.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    3. Re:He kind of has a point - but not. by Twylite · · Score: 2

      You're comparing apples and !apples. The "source code" for a book would be the author's notes, including the plot outline, characters sketches, additional details about the settings, and so on. For music, getting the "source" would be access to the individual tracks (voice, lead guitar, drums, ...), a description of when and how effects are applied to them, and how they are mixed together.

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
  22. How does this help piracy? by Billly+Gates · · Score: 3, Interesting
    Believe it or not piracy is the reason why most apps remain closed source. If the code is freely available then its compilable and no the pay for support option does not work. China is evident of this. Since they do not pay for software, chinese bussinesses only pay for support and have their own IT shops to do that and not the vendor. If the vendor does not recieve financial compensation for support then they need to charge for there apps.

    1. Re:How does this help piracy? by Anonymous Coward · · Score: 1, Insightful

      If it was impossible (or even hard) to pirate closed source programs, you would have a point.

      It is not. Closed source programs are copied everyday. Everywhere. Especially in China as you mention.

      Selling the source along with the program wouldn't make it any different. It would just be some more bytes on the CD to be copied.

  23. This is such stupid crap by unterderbrucke · · Score: 1

    Maybe:
    1. We should tell the whole world how to make a nuclear bomb
    2. Coke and Pepsi should release their recipes to the whole world
    3. Electronics manufacturers should release specifications and parts lists
    4. Everything should be free

    1. Re:This is such stupid crap by Anonymous Coward · · Score: 0

      1. The general details on how to make a nuclear bomb have been publically available for years.

      2. Coke & Pepsi's recipies aren't mission-critical to anyone, but their ingreedient lists & nutritional information is on every can.

      3. umm... you mean like patents?

      4. you got a problem with free stuff?

  24. Dear cconnell by Anonymous Coward · · Score: 1, Funny

    Dear cconnell, What color is the sky in your world? Sincerely, Reality

  25. Sorry, this is just wrong. by rdmiller3 · · Score: 5, Insightful
    No, bridges are not "open" in the sense that you seem to think they are. Looking at a bridge will give you a similar level of understanding of the engineering behind it as you'd get from a block of object code.

    What kinds of steel were the supports and cables made of? What was the mix of the paving materials and how thick are their layers? Did the contractors skimp on the re-bar? How deep were the foundations sunk?

    Just try to get this information about any big public bridge. They'll say, "We can't tell you for security reasons." ...just like certain software vendors we know.

    -Rick

    1. Re:Sorry, this is just wrong. by Anonymous Coward · · Score: 0
      "...What kinds of steel were the supports and cables made of? What was the mix of the paving materials and how thick are their layers? Did the contractors skimp on the re-bar? How deep were the foundations sunk?

      "Just try to get this information about any big public bridge..."


      Inquiries like that should make you instantly popular with Bush's Homeland Security Department...
    2. Re:Sorry, this is just wrong. by Bytenik · · Score: 1

      Very nice response. In fact, pretty much point-for-point what I was just going to write!

      His analogies are all extremely poor.

      --

      "Scientists prove we were never here."
      -- Devo

    3. Re:Sorry, this is just wrong. by Just+Jim · · Score: 1

      >>Just try to get this information about any big public bridge. They'll say, "We can't tell you for security reasons." ...just like certain software vendors we know.

      That's factually wrong. The contract plans are usually available.

      If you want to spend the money to get them, you usually can.

      Now, some of the old stuff, the contract plans aren't around any more, but I'm talking 40 to 50 years old, and I'm talking about the relevent department didn't save it, not that they destroyed the plans for security reasons.

    4. Re:Sorry, this is just wrong. by Anonymous Coward · · Score: 0

      What the hell are you talking about? "We can't tell you for security reasons". Sheesh. Shows what you know. You're just some geek that pulled that out of their ass.

      You *CAN* get much of that information from the State and Fedrial Government, even post 9-11. A lot of it is a matter of public record. There are whole books devoted to the steel and engineering of just the Golden Gate Bridge alone! And they aren't classified or anything!

      Geeze man, do some research first.

    5. Re:Sorry, this is just wrong. by Anonymous Coward · · Score: 0

      In the Leonard P. Zakim Memorial Bunker Hill Bridge in Boston they had too much rebar with not enough concrete in certain places. I believe they filled the gaps with epoxy. . .

  26. Re:Why open source software sucks by Shamanin · · Score: 3, Interesting

    ...and the closed source version of a car wouldn't work, but you can pay for support to give you the run around and try to convince you that YOU must be doing something wrong.

    --
    come on fhqwhgads
  27. Good Code vs. Good Products by Swanktastic · · Score: 2, Insightful
    If Raytheon, IBM, Microsoft, Oracle, and so forth are producing good software products (as they claim), let's see the code.

    Is it possible to have good products without "good code?" Depending on the product, I think yes. Do great videogames necessarily have "good code" or whatever the author decides is good code? Maybe, maybe not. For games, the distinguishing factor is not as much the coding (ie fulfilling the designer's vision) as it is establishing a good vision.

    YES, maybe it makes sense for security related products, but don't get greedy and claim that EVERY product needs to release its code.

    1. Re:Good Code vs. Good Products by plierhead · · Score: 2
      Is it possible to have good products without "good code?" Depending on the product, I think yes

      I agree with this. It is possible to write good software that has somewhat lousy code inside it. For exampe, an inefficient sort algorithm that is only used when a rarely-accessed administration screen is displayed. The code may be inelegant but practically speaking it does not matter and there is no reason for the vendor to be called up on it (which some smart-arse certainly would "ha ha Microsoft used the Breighton-Whirst Bubble sort when the Langer-Turston would have been 100 times faster ! What dipsticks !").

      Much more important to quality of apps are "bigger picture" items such as schema designs for any RDBMS-based product (readily available now without the source code) or external interfaces (which, to use MS Word as the extreme example, it is made clear by the vendor that they do not intend to adopt any industry format nor to even be bound even by their own published formats).

      --

      [x] auto-moderate all posts by this user as insightful

    2. Re:Good Code vs. Good Products by Anonymous Coward · · Score: 0

      So if Consumer Reports did a source audit of Oracle and MS SQL Server, would their findings influence your purchasing?

  28. The Real Scoop... by Anonymous Coward · · Score: 0

    is that you are a fucking FAGGOT in more ways than one.

    Let me count the ways:

    1. You're a FAGgot

    2. You ARE a FAGGOT

    3. You're a FAGGOOOOOOT!!!

    If you need more help, please feel free to lube up and visit your local pool hall, where some old fat nigger will be glad to shove a stick up your ass.

  29. Articles like these ones... by Cap'n+Canuck · · Score: 3, Interesting

    belong in National Enquirer, along with pictures of two headed babies and Michael Jackson.

    The article itself is just blatant flamebaited advertising. I fail to see how he addressed any of the points in his previous article (which I also thought was codswallop).

    Did anyone ever see films of the Verrazano Narrows bridge collapse? There's an example of a bridge that looks fine on external viewing, (even by TRAINED experts), but doesn't work for real. Joe Average knows squat about bridges, and won't recognize a faulty design unless he's falling into the river with it.

    As for the 1% of "real" code in a product - what a load! If your key code is buried deep in some subroutine, then how can you "remove" it from your product and still make it functional?

    Feh!

    1. Re:Articles like these ones... by mxs3549 · · Score: 1

      Exactly, without stress testing of the materials used to build the bridge, it's virtually impossible to evaluate the design anyway.

    2. Re:Articles like these ones... by bpalmatv · · Score: 1

      Hmm.. I've never seen a film about the Verrazano Narrows bridge collapse.. In fact, there isn't even a bridge with that name. Now, if you are talking about the Tacoma Narrows Bridge, I've seen that one..

    3. Re:Articles like these ones... by CaseyB · · Score: 2
      Did anyone ever see films of the Verrazano Narrows bridge collapse?

      No. When did that happen? Was it anything like when the Tacoma Narrows bridge collapsed?

    4. Re:Articles like these ones... by Cap'n+Canuck · · Score: 2

      How do you spell it - "D'oh", "Doh", or "D'o"? I'm leaning towards the first one...

      Although there is a Verrazano Narrows bridge, I was thinking about the one in the Pacific Northwest, but had a brain fart.

    5. Re:Articles like these ones... by CaseyB · · Score: 2
      In fact, there isn't even a bridge with that name.

      Was it too much damn trouble to do a simple Google search?

    6. Re:Articles like these ones... by Yunzil · · Score: 2

      I've never seen a film about the Verrazano Narrows bridge collapse.. In fact, there isn't even a bridge with that name.

      Really?

    7. Re:Articles like these ones... by binaryDigit · · Score: 2

      Wouldn't expect less from a "Canuck" ;)

    8. Re:Articles like these ones... by Software · · Score: 2
      If your key code is buried deep in some subroutine, then how can you "remove" it from your product and still make it functional?
      The code would not be functional, as the article states: "Customers could even compile and link the source files, but the resulting executable would not operate in a meaningful way without the key routines".

      And somewhat OT, but I was unaware the Verrazano Narrows fell down! What a mess that will cause for holiday traffic! Or did you mean the Tacoma Narrows? Your point on bridge design being non-obvious is noted, but software design is usually (or should usually be) easier to inspect, if you know what to look for. And Joe User doesn't have to know how to inspect it, but a software professional should. Well-designed software can still fall down under load testing or other types of tests, but good design is at least a good start.

    9. Re:Articles like these ones... by Cap'n+Canuck · · Score: 2

      Sorry, but I had to respond.

      The article seemed to say that anyone can do bridge inspections, because the bridges are there for everyone to see. In actual fact, not even a Civil Engineer can do a bridge inspection, because he needs to look at the design, the materials, the entire building process. He can inspect for signs of wear, but he has no idea whether or not the piers are firmly anchored.

      The authour tried to make an analogy between bridges and software, and in my mind, he did not bridge that gap (*groan*). You mentioned that software design is usually (or should usually be) easier to inspect. I bring it back to who is supposed to be inspecting this available code. Which company does it? some Ralph Nader agency? Or, as the authour seems to suggest, anyone off the street? There are few people off the street that I would say can do the job.

    10. Re:Articles like these ones... by Anonymous Coward · · Score: 0
    11. Re:Articles like these ones... by Software · · Score: 1
      There are few people off the street that I would say can do the job.
      Well, different people can do the job differently, some better than others. I would say that understanding software has a higher barrier to entry than bridges, but a shallower learning curve. A person unfamiliar with computers will not understand that spaghetti code is bad as he would intuitively know a bridge held up by toothpicks is bad. A 2nd year comp-sci student, though, would could better evaluate a given piece of software than a 2nd year civil engineering major could a normal bridge. To fully understand either, many years of study would be required.

      When you write, "not even a Civil Engineer can do a bridge inspection", I think we have a different meaning of inspection. When I say inspection in this context, I'm referring mostly to the ability to look and something and better predict its behavior. There's no guarantee that the prediction will be correct, but it should be correct more than, say, 95% of the time. I think civil engineers can easily do better than this (or else we should go back to caves).

      The article is targeted mostly towards software sold by one company to another, and I think most medium- to large-sized companies have people on their staffs who can do a decent job evaluating code quality. It's not that "anyone off the street" can do a decent job, it's more like "someone in the building". Certainly the reviewers can better evaluate the design with the source than without!

      When I said that software design is usually (or should usually be) easier to inspect, I'm also referring to the logistics; I can get a feel for Apache's design by reading the code while sitting in my skivvies, but I can't see how well a bridge is built without going there.

  30. Make programmers Open Source! by Lieutenant_Dan · · Score: 0

    If we could give access to the programmer's lives to the Open Source developer community we could get many large infrastructure projects completed quickly. The vast experience and brilliant guidance offered by the Open Source developer comminity would be a shining beacon in this chaotic environment.

    Only when we unleash the full potential of the programmers involved in the Open Source developer community can we design a truly magnificent office suite of applications.

    --
    Wearing pants should always be optional.
  31. Like Houses... by tbonium · · Score: 2, Insightful

    To beat a dead horse - If we built houses like we build software, .....

    When you buy a house, it is either pre-existing or soon-to-be-existing. In the case of the former, you can only know as much as the owner tells you, and the builder's reputation and the packaging. In the case of the latter, you can visit the site as often as you want (just don't be shocked if you see some beer cans sitting around).

    I agree that most software sucks, but to say that you need to take the walls down to inspect the plumbing both trivializes a nontrivial problem, and tells one no-more-than 'next house on the list' inasmuch as they know what they are looking at.

    1. Re:Like Houses... by rdmiller3 · · Score: 2
      You wrote:
      just don't be shocked if you see some beer cans sitting around [at a home construction site]

      Beer cans would be pretty tame.

      For those who are thinking about building, here's a clue: have one of those outdoor public toilets placed on the site, at least until the indoor commodes are working. That way the subcontractors won't be so likely to use your basement sump.

      -Rick

  32. My opposing theory by frieked · · Score: 0

    You go to MacDonalds, you don't wanna see how they make the hamburger, you just wanna enjoy it. Hell, if you knew what was in it you'd probably be repulsed.

    --

    I have often regretted my speech, never my silence.
    -Xenocrates
  33. Ability of users to judge code quality by Ryu2 · · Score: 3, Interesting

    For mass-market products like Windows, Office, etc, (ie, those where the users themselves are not computer science people), I'm sure 99% or so are absolutely unqualified to look at the source code and make informed decisions about code quality, so they'd have to trust some third party. And even if there is some software "Ralph Nader", how much influence it would have over those users who haven't got any idea of the importance of "good" code is doubtful.

    Incidentally, the mass market products are those most likely to cause a security risk like worms or viruses, because of the very fact they are used so much by clueless folks.

    I'm not saying it won't work, but it may not be as effective as it seems.

    --
    There's 10 types of people in this world, those who understand binary and those who don't.
    1. Re:Ability of users to judge code quality by LostCluster · · Score: 2

      When a white hat discovers a glitch first, the public is first told about it when a patch is available. When a black hat discovers a glitch first, the public is first told about it when an exploit is in the wild. Opening the source makes it easier for the white hats to do their thing, it also does the same for the black hats.

      Right now, we're in an asymetric situation where there are more white hats looking at Linux because they can look at Linux but not at Windows, but there are more black hats trying to break Windows because those hacks are more vaulable because there are more Windows systems to use them against.

      If Linux and Windows were to switch situations, Windows would get the secure reputation because less people would be trying to knock down the gate and therefore almost nobody would get through, and more people would be trying to knock down Linux's gate.

  34. We should tell niggers how to make KFC by Anonymous Coward · · Score: 0

    I mean seriously man, you're right. Just trying to back you up there. I can always get behind a good man.

  35. I really like the concept by fredrikj · · Score: 2, Interesting

    Packing the source code along with commercial distributions of software is an excellent idea, and it's really a shame that it doesn't happen. It looks to me like the company would benefit the most from such a solution - for one thing, they could leave patch-making to the community and needs for support would possibly decrease.

    GPL and things alike aren't the whole truth, either. If the source code is licenced such that it may only be modified in private and not get distributed, this will of course not promote OS, but it will be a great thing for the users, as they can fix bugs and add features for their needs.

    As a fine example of OS commercial software, look at the editing communities for id Software's games. Granted, Doom, Quake and Quake II don't really have any great commercial value any more. Case is, though, that the release of these games' source codes have sported heaps of enhancements to the game engines and helped preserved the communities, resulting in a fantastic respect for John Carmack and id Software.

    1. Re:I really like the concept by Anonymous Coward · · Score: 0

      If I give you 'respect' will you work for me for free?

      I ask because I sure as fuck won't code for you just so I can get your 'respect'.

    2. Re:I really like the concept by Anonymous Coward · · Score: 0

      maybe it makes people wanna buy they're games

  36. What is this nonsense? by Anonymous Coward · · Score: 0

    Next he will be telling us that a black man isn't 3/5th of a white man.

  37. If a company can read the code... by Mantrid · · Score: 2

    If a company or customer has the resources to fully and properly analyze your code then why wouldn't they just use those resources to write their own software; fully customized and programmed for their needs?

    1. Re:If a company can read the code... by Anonymous Coward · · Score: 0

      Buying the software and analyzing it might be cheaper and take less time than developing it yourself.

      While Windows sucks, I don't see too many companies building their own Windows replacements for internal use. I think, even if they had an NDA with Microsoft and analyzed the code, it would still be cheaper than making their own.

  38. Posterity by kscd · · Score: 2, Insightful

    The biggest benefit I see to having it be open is history. We should establish an organization where people "check-in" the source of their commercially realesed product. That way, 20 years from now, when we desperately want to get at a document from said product, we might actually have a chance.
    then again, by that point copyright will probably prevent us from looking at anything interesting...
    -kscd

  39. Hasn't stopped them so far by burgburgburg · · Score: 3, Interesting

    The lack of MS source has not in any way slowed the discovery/exploitation of Windows flaws. But because the only peoples looking that intently at the poor design of MS products are a) the people who poorly designed them and b) the exploiters and the kiddies who use their tools, the vicious cycle continues. Opening the source code could allow others with a more positive inclination in to help fix the problems and point out the potential future points of trouble.

    1. Re:Hasn't stopped them so far by tshak · · Score: 2

      The lack of MS source has not in any way slowed the discovery/exploitation of Windows flaws

      This can not be said absolutely by anyone, one way or the other. It may be your opinion, but you then need to substantiate it.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
  40. Re:Why open source software sucks by Anonymous Coward · · Score: 0

    The result would be a Trabant look & workalike whose parts are from the JC Whitney catalog!

  41. OS Isn't always the best tool for the job by tarpit · · Score: 2, Interesting

    As interesting as it would be to be able to see the source code behind such programs as Windows or Office or even ICQ, is it even that important?

    Windows runs like ass, and therefore it's a pretty safe bet it wasn't coded very well. I don't need to see the source code to figure that one out. And quite frankly, even if it was coded badly, as long as it were to run well, I don't think most people would care anyway. Hell, it DOESN'T run all that well and a lot of people still don't care anyway.

    The only nice thing would be maybe if the source were available a few people would be nice enough to fix it up or something. Other than that, it's not too important, except for anti-trust reasons, so we can get a decent .doc handling program that's free, for example. But even that can be effectively remedied without complete open source. Even a behemoth like Microsoft could be made much friendlier through some well placed stubs, open protocols, etc.

    As for everything else, source code just isn't always the best idea, or even very necessary. The government or other high security needing people should have source code, and experienced hackers to audit it. That makes sense. But other than that, to have everything done ONE WAY is usually not the best idea. That's the beauty of being able to choose a license or just make your own up-- you can choose the best tool for the job.

    1. Re:OS Isn't always the best tool for the job by Anonymous Coward · · Score: 0

      The author misused the term "Open". He wasn't advocating open source, but was instead pushing open as in visible source. Kind of like Microsofts Shared Source, but availble to all customers, not a select few.

  42. no analogy is complete by Anonymous Coward · · Score: 0

    When you drive across a bridge, its design is open for inspection. You can see the overall structure, the method used to anchor the cables, the thickness of the roadbed, and so forth. If you want a closer look, you can walk the bridge and see more detail.

    Then you can use your x-ray vision to examine the reinforcement in the concrete, as well as the other internal structures. You can look deep into the ground and see how the bridge itself was anchored. After that, you can disassemble the bride to see how the different pieces went together, and then rebuild it someplace else.

  43. OT: Your sig by Osty · · Score: 1

    come on fhqwhgads

    Strong Bad rocks, but you really should have a link there in your sig.

  44. Post your own Advert on /. by Anonymous Coward · · Score: 0

    I am sick of people submitting stories about their own work on slashdot! Next time I make a journal entry, I will be sure and send Taco a link to boost my ego. Here is a hint: if your article is so interesting, some other geek will submit it without fail.

    1. Re:Post your own Advert on /. by Anonymous Coward · · Score: 0

      While taking a massive chili dog induced dump today, I notice my turds had formed the letters MS. Had I good sense, I would have submitted an article to slashdot! Next time...

    2. Re:Post your own Advert on /. by Anonymous Coward · · Score: 0

      Not sure about the "S", but that "M" must have hurt like hell. Get well soon!

  45. In Soviet Trolltopia... by Anonymous Coward · · Score: 0
  46. The biggest, buggiest program ever by surprise_audit · · Score: 2
    Think Microsoft will ever provide all the source?

    Yes, it's possible to get certain specific bits of the code after signing Non-Disclosure Agreements and/or handing over large amounts of money. Get the whole of Windows source? Nope. Understand it all in any reasonable amount or time? Nope. Get busted by Microsoft for using part of their code in an OSS project? Almost certainly, and if in the process of trying to prove you didn't, you have to show Microsoft your code, expect to see a competing product soon after.

  47. Another opinion for.... by Anonymous Coward · · Score: 0

    It keeps coming to the forefront of my thoughts. As all the antitrust suits, patent battles, and digital rights management debates escalate; one idea continues to permeate my understanding. It seems simple enough. The difference between the protections required in the physical versus the virtual (or information) world is that in one you can inspect an object, hold it in your hand, and run an infinite number of tests on it; but in the other, the finished product can be like a black box, having only the properties that the creator desires. This is not profound, of course, and many people would debate the statement entirely. But the essence is true, at least if you were to follow the letter of the law. Closed source software puts limitations on what people can legally learn about it.
    Given the example of an auto versus a software product, why should these two creations be treated differently? Here is a scenario that could apply to both the products. Imagine an inventor who comes up with an idea for a new product or type of product. This person spends years designing and developing their new product. Finally, they complete it and release it to the market. Now imagine another inventor who, through industry research, finds the work of the first inventor and comes up with a great complimentary product idea. Because of the second inventor's dependency on the first inventor's product, they require details of how their product can be added on or interact with the first. Here is where the paths of the physical versus virtual worlds diverge.
    Let's examine the auto industry first and assume the complimentary product is a cup holder. The design of the cup holder is dependent on the design of the car. In order for the second inventor to design their product, they could use a variety of devices and methods to inspect the car (or cars) to determine the best way to make their product compatible with the car.
    Now, let's assume the complimentary software product is a browser and the original invention is an operating system. What methods can the inventor of the browser use to determine the best way to make their product compatible with the operating system? For a closed source product in the current legal system, the inventor would not be allowed to inspect the code to see how their browser should interact with the operating system. They would have no knowledge of any benefits or drawbacks to a particular approach. The only remedy for the developer would be to request details from the inventor of the operating system about how they should interact with it. Furthermore, they must trust that this is the best method of interaction without being presented proof. In many cases, the inventor of the browser may be required to pay to even get that basically blind and minimal information.
    Why the distinction between the two scenarios? When advocates of this system are questioned about this discrimination, they usually cite one or more of the following reasons:
    Protection of intellectual property and proprietary processes against theft or duplication
    Encouragement of innovation
    Security against attackers
    The first reason has many different variations and aspects that people endorse. Who would want to be on the supporting end of theft and piracy? But this argument is empty. Individuals or organizations that want to steal or copy an inventor's creation can always find illegal means to accomplish their objectives; therefore, the only people it prevents from gathering information about the product are law abiding citizens. To clarify using our example, pirates and copiers of the operating system are not inhibited by the fact that it is closed source. The only person harmed is the inventor of the browser who is attempting to create a valuable addition to the operating system.
    All three of these lines of reasoning offered by supporters of the existing system overlap in some way, which adds to their circular reinforcement of each other. The second argument is the most general and also the one that is the most incorrect. Patents and licensing have been created to encourage inventors to take the risk and time to create something valuable for the market. Somehow, supporters of closed source see their actions as an extension of this system. But as you might have guessed by now this belief solely rests on the first argument being true. People will always be willing to innovate as long as they believe they will be rewarded and that the distinctiveness of their product shall be protected. This means that they will be able to sell or license their product and that if someone should copy their product in part or whole that their rights will be upheld in court. In the software world, patent and licensing laws obviously provide the rewards for the inventor. But what is not always clear is that they also provide protection, especially when the source code is open. It is relatively easy for someone to examine two sets of code to determine if it had been copied. These facts are the reason that innovation will always thrive in an open source market. One need only look at the current open source initiatives to see some of the most innovative technologies.
    But how does closed source systems influence innovation? Under the example I described with the operating system, there is only a detrimental effect on innovation. The operating system creator will be the only entity with the proper knowledge to create truly compatible products. All others will have to depend on that entity for information on how to create products that interact in an efficient manner. That dependency creates a barrier to entry that is quite formidable. If the inventor of the operating system also creates a browser product, the situation is even more discouraging for potential inventors. While the inventor of only the browser has to blindly trust the operating system creator about how they should interact with it, the inventor of the operating system can create a browser product with full knowledge and access to the source code of the operating system. This does not seem like a situation that promotes innovation.
    The last reason cited to uphold the right to keep source closed is based on the fact that it already is. The argument contends that if potential attackers had access to the source code of a product, they would be able to find possible security flaws and exploit them. Empirically, this logic does not hold up to scrutiny. Closed source software has been found to have the most and worst security flaws simply because the number of eyes that get to inspect the code. Numerous entities typically inspect open source code whereas closed source code only one gets to inspect it. This leads to less overall flaws when the software is released and also the discovery and remedy of flaws at a much greater rate after the software is in general use. When presented with this evidence, supporters of closed source do not challenge it. They only contend that since there are already people using this less secure software, the source must stay closed to protect the existing user base. Again, this logic is flawed and contradicted by empirical evidence. New security holes are found and will continue to be found in closed source software. Making the source code open only speeds the location and correction of these security issues. Is it better to know you have issues and fix them or to know that there may be many holes lingering that you will never find?
    Someone once said, buying closed source software is like buying a car with its hood welded shut. People sometimes dismiss this statement by saying they do not want to worry about what is "under the hood." I can understand this desire but the customer is not the only one whose desires matter. Closed source code provides no protection against piracy, theft or security breaches. More importantly, closed products of any industry stifle the spread of knowledge and therefore innovation. There should be a measurable economic and sociological impact that can be identified and analyzed. Many laws are brought into being when the rights of the many need to be enforced over the rights of a single individual (or entity). This inequity (between physical and information industries) is one such case where entrepreneurs and inventors need to be protected from entities seeking to stifle innovation, and therefore, economic growth.

  48. Let's open it, but not really...??? by jerdenn · · Score: 2

    This article is pretty confusing, actually. Chris Connell claims that vendors should "Open Source" for transparancy, but then obfucascate the code by adding or subtracting code to keep it from being truly functional. Well, there goes the end user's ability to compile and test the code, to debug the code, and to really be certain that what you've got in the binary version is the same as what was shipped via source distribution.

    He goes on to suggest that vendors withhold crucial functions or methods, and 'stub' them out in the source code. Well, those are easily enough to reverse engineer from the binaries and the debugger, so that's no real solution from the vendor trying to protect IP. And it doesn't help the 'customer' at all, because your still stuck with not having the full tranparency that Open Source is supposed to provide.

    I'm actually not pro- or anti- open source. I kinda sit on the fence on this issue (Though I do like the BSD style license). However, I think that Mr Connell is trying to stand on both sides of the fence at the same time. It doesn't really work.

    -jerdenn

  49. RTFA by ryants · · Score: 4, Insightful
    You couldn't have read the article.
    Support of user modified code is impossible
    You don't support code, you support the binary you shipped.
    Competitors may take advantage of reading the source
    Only in the same way that Tom Clancey's competitors can take advantage of reading his books. The code is still under the full protection of copyright law, and since competitors would be required to disclose source as well, violations would easily be detected. Just like in the world of books.
    It's "my money" that went into developing the source and "I" want to reap the benefits of "my" work
    This proposal doesn't change that one bit.
    Bug handling would be a nightmare
    Er, wot?
    I'm not sure why all source has to be open source.
    That's not what this author is proposing. He is proposing the source be available for inspection, just like bridge blueprints are available for inspection, but they still can't be copied, because they are still copyrighted. To quote the original article:
    Note that I am not advocating open source licensing for commercial software. This is an important point.

    In short, RTFA.

    --

    Ryan T. Sammartino
    "Ancora imparo"

    1. Re:RTFA by JordoCrouse · · Score: 1

      You don't support code, you support the binary you shipped.

      Nothing would stop some idiot from making a mod, distributing it wildly, and then have every one calling *your* tech support for help.

      Only in the same way that Tom Clancey's competitors can take advantage of reading his books.

      Wrong, wrong, wrong. The only way I can take advantage of a Tom Clancy book is if I:

      A) Tear the cover off and try to sell it anway
      or
      B) Retype the whole damn thing from scratch

      Software is much easier to copy - a bit of compiling, and bingo - there you go.

      And since competitors would be required to disclose source as well, violations would easily be detected.

      Hey, free engineering for a weekend of changing variable names and the odd alogrithm? Geez, thats too much for me to handle. I better give up this source code and pay somebody else for the binaries.

      Right....

      --
      Do you have Linux and a DotPal? Click here now!
    2. Re:RTFA by zerocool^ · · Score: 2, Troll

      That's not what this author is proposing. He is proposing the source be available for inspection, just like bridge blueprints are available for inspection, but they still can't be copied, because they are still copyrighted...

      Not all blueprints are available. Bridges are (usually) public works. Try and get me the blueprints for the wing on a 747. What? Not available? I wonder why that is? Oh, *trade secret*.

      Lawsuits don't solve everything. Yes, if everyone's code was open, you could spot similar pieces of code. But, come on, code plagarism isn't hard. Also, what if several people accidentally wrote the same code at roughly the same time and sued each other.

      Plus, what about Johnny Gifted-teen in his basement. What happens when he writes a brilliant piece of code that MegaCorp snatches up and puts in their BigSoftware? Johnny sues them? With what resources? Do you know what it costs to sue a fortune 500 company? Hell, the government can't even do it successfully.

      If all source is open but copyrighted, in theory it would all be a happy world. In practice, it's a simple way to screw the little guy and for the lawyers to make a mint.

      Think before you kick in the automated slashdot responder, please.

      --
      sig?
    3. Re:RTFA by ryants · · Score: 2
      Nothing would stop some idiot from making a mod, distributing it wildly, and then have every one calling *your* tech support for help.
      Nothing but a little thing called "copyright law".
      Wrong, wrong, wrong.
      You completely missed the point of my analogy, and I don't think I can make it any simpler.
      Hey, free engineering for a weekend of changing variable names and the odd alogrithm?
      When I was a TA I wrote tools to catch cheaters like this. Very easy infringement case.
      --

      Ryan T. Sammartino
      "Ancora imparo"

    4. Re:RTFA by Elladan · · Score: 3, Insightful

      You don't support code, you support the binary you shipped.

      Nothing would stop some idiot from making a mod, distributing it wildly, and then have every one calling *your* tech support for help.

      Nothing would stop some idiot from making a binary patch to your app *cough* crackers do this today to every app *cough* and distributing it wildly, and then have everyone calling your tech support for help. Your point?

      Only in the same way that Tom Clancey's competitors can take advantage of reading his books.

      Wrong, wrong, wrong. The only way I can take advantage of a Tom Clancy book is if I: A) Tear the cover off and try to sell it anway or B) Retype the whole damn thing from scratch Software is much easier to copy - a bit of compiling, and bingo - there you go.

      Ever heard of a Xerox machine? A scanner? Having the source or not having the source has absolutely no effect of any kind or form whatsoever on the meaning of copyright.

      And you're right, software is easy to copy. Exactly how is software in binary form harder to copy than in source form, again?

      And since competitors would be required to disclose source as well, violations would easily be detected.

      Hey, free engineering for a weekend of changing variable names and the odd alogrithm? Geez, thats too much for me to handle. I better give up this source code and pay somebody else for the binaries.

      I see you've never taken a CSE class at a university. Software exists which will take two code bases, possibly with completely different names and formatting, and decompose them into structural parse trees and compare those for signs of copying.

      It's a lot easier to do this if you have the source code, of course.

    5. Re:RTFA by Anonymous Coward · · Score: 0

      The source shouldn't be available for inspection by default. If you need to see the source, then talk to me and we can work out a contract / non disclosure agreement.

    6. Re:RTFA by LostCluster · · Score: 3, Interesting

      Only in the same way that Tom Clancey's competitors can take advantage of reading his books. The code is still under the full protection of copyright law, and since competitors would be required to disclose source as well, violations would easily be detected. Just like in the world of books.

      If somebody lifts the plot of a Clancey book, and then rewrites it with different character names and different names for the setting, that's plagiarism. Now for the hard part: Prove it.

      That's one problem the software industry would rather not have.

    7. Re:RTFA by Jerph · · Score: 1

      Nothing would stop some idiot from making a mod, distributing it wildly, and then have every one calling *your* tech support for help.

      A company could easily say, "If you didn't get this software packaged by us or downloaded from our site, we won't support it."

      The only way I can take advantage of a Tom Clancy book is if I:...

      What you're addressing is piracy, not stealing ideas and selling them as something else.

      Hey, free engineering for a weekend of changing variable names and the odd alogrithm?

      This is close to being a good point, considering how it would be fairly easy to change just enough of a program to make it legally different, but still have gotten the structure from someone else. But this already applies to open source software. Companies could take open code, change it enough to avoid immediate detection, and implant it into their code without anyone knowing. The thing is, no one can even investigate if the companies code is allowed to be closed.

      I haven't decided if this source available thing is right, but these are certainly bad arguments against it.

    8. Re:RTFA by jc42 · · Score: 3, Interesting

      Bug handling would be a nightmare

      Er, wot?


      My reaction exactly. Some years ago (20 of them to be fairly precise) I worked in a place with a big IBM mainframe, and the engineering staff brought in Amdahl's UTS (a version of unix) to run on top of VM. When I asked the Amdahl people about source, their answer was "Oh, that's not an option; you get it whether you want it or not." The install tapes in fact included the source to everything.

      A couple of weeks later I diagnosed some problems due to some incorrect configuring that our VM guy was doing, which UTS couldn't handle. A day later I had a fix, and I emailed it to the folks at Amdahl. They sent back a nice message of thanks, my patch was added to their source, and my name was added to their list of contributors.

      This was exactly why they sent out the source to all their customers. True, not many could use it, but they really liked customers that had people on staff who could read the source and help them fix problems.

      I worked on it a couple of years, during which time the question occasionally came up of whether they had any theft of the code. Their answer was "Not that we know of". They also added that they really wouldn't mind if a few of their improvements were to find their way into the general body of shared unix code. They thought that it was to everyone's advantage to have good code, and having pieces of code identified as coming from Amdahl could only be good advertising.

      I have no idea whether they still have this policy. Considering how management attitudes have changed, they probably aren't doing this any more.

      It might also interest some to hear that at that time, IBM also supplied a lot of source with their systems. I know the VM support guy had full source. I saw some of the CMS and MVS source, though I don't know if we had all of it. But there was a lot of IBM source available from IBM in the 70's and early 80's, and they seemed to do pretty well commercially.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    9. Re:RTFA by onenil · · Score: 1

      Only in the same way that Tom Clancey's competitors can take advantage of reading his books. The code is still under the full protection of copyright law, and since competitors would be required to disclose source as well, violations would easily be detected. Just like in the world of books.

      I presume we're not only talking about software that is widely distributed here. So your analogy of Tom Clancey's books doesn't quite fit. Its a lot easier for me to get the source code for some application developed in some country over the other side of the world, compile it, sell it as my own to a local business or businesses, without the developer over the other side of the world (who is, in effect, Tom Clancey) knowing any different. You also have the problem of inconsistencies with copyright laws internationally.

      I should be able to sell a product under any terms I choose. If I choose to keep the source closed, they are the terms I choose. The entity buying the product can then choose not to buy my product if they don't trust me that much.

    10. Re:RTFA by GigsVT · · Score: 1

      Plus, what about Johnny Gifted-teen in his basement. What happens when he writes a brilliant piece of code that MegaCorp snatches up and puts in their BigSoftware? Johnny sues them? With what resources? Do you know what it costs to sue a fortune 500 company? Hell, the government can't even do it successfully.

      You don't think that happens today with open source software?

      It comes with the terrority. Even if he used closed source, they could probably pay some programmer for a few weeks and reimplement all the features clean. It's very difficult to write software that is so advanced that people actually wonder "How did they do that!". Given a sufficiently skilled programmer, almost any app can be easily figured out and reimplemented, closed or open source.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    11. Re:RTFA by tshak · · Score: 2

      Tom Clancy's book is the Binary, not the source code. The source code is his creative process, which is why after reading 10 TC books you still can't write like he can. However, you take the source code the dynamic occlusion culling from Doom3, you can have that great algorithm for your next gen game engine.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    12. Re:RTFA by Anonymous Coward · · Score: 0

      but they still can't be copied, because they are still copyrighted.

      That would be like mp3's and divx's, right?

    13. Re:RTFA by ryants · · Score: 2
      Now for the hard part: Prove it.
      That problem already exists.

      If somebody lifts the look and functionality of some closed-source app, and you suspect infringement, how do you prove it?

      Have the source out there would actually make things easier, not harder. As a TA I had tools to check for "copy and replace variable names", all nicely automated and such.

      In your book example, the proof is actually kind of easy... give a judge a copy of one book and a copy of the other, and point out all the similarities, demonstrating how to transform one work into the other with the appropriate substitutions. Simple.

      --

      Ryan T. Sammartino
      "Ancora imparo"

    14. Re:RTFA by DudeTheMath · · Score: 1
      You don't support code, you support the binary you shipped.

      Honestly, we have enough bugs that we can't reproduce on our in-house testing facilities because our end-user

      • uses some proprietary networking software
      • hasn't upgraded to the latest BLAH
      • lied to us about the hardware they're running on
      • etc.

      How could we tell this from them finding a "bug" with a binary they compiled from a mucked version of the source?

      --
      You save only 59 seconds over 8 miles by going 75 instead of 65. Do you really have to pass that guy? Do the Math!
    15. Re:RTFA by JordoCrouse · · Score: 1

      Nothing but a little thing called "copyright law".

      I'm not talking about anything that violates copyright law. What if I tell everyone that your cool new CD burning software will run 3 times faster if you change the 0x02 to 0x06 on line 23 and recompile, but I forget to mention that it will burn out your drive? No copyright law is being broken, but I am still causing headaches for your tech support.

      As for the Tom Clancy anology - consider this. Piracy is always going to happen. The goal is to make the piracy irrelevant - in other words, provide a service or product that is easier to buy than to pirate. With source code I can make a clean, 100% digital copy in a matter of seconds. Evil types could have this on the net in a matter of hours, with no fuss. And it would be absolutely idential to the copy that you are selling - in fact, the normal person wouldn't even be able to tell if it was a pirate or the real thing. So why should somebody buy the real thing, if the pirated thing is just the same but free?

      In order to get to that same level of quality with a large printed book, you are going to have to do a ton of typing (or scanning - but thats probably *more* work). You can't just tear the cover off or copy the pages and try to sell it - people won't buy it. You must provide as much quality as the original - the source code lets you do that (much like digital MP3s help you provide the same quality music).

      When I was a TA I wrote tools to catch cheaters like this. Very easy infringement case.

      I'll bet that 90% of all GTK programs look the same to any sort of cheating detection software, becuase they were all created with the same tool (Glade). Its not as easy as you think - a 100 lOC program is not the same as a 10,000 LOC program. A smart programmer and a perl script could turn any source into something completely diferent with a minimum of effort.

      --
      Do you have Linux and a DotPal? Click here now!
    16. Re:RTFA by mehip2001 · · Score: 1

      He is proposing the source be available for inspection, just like bridge blueprints are available for inspection, but they still can't be copied, because they are still copyrighted.

      I just do feel that this is a valid anology.
      Bluprints are the plan and, the building is the implementation.
      In software, the design is typicaly UML type diagrams where as the implementation is the code. I have no problem releasing my design docs. But if a client or customer want the code, they can license it for non-comerical purposes only.

      --
      Just for the record, there is NO "off the record" record.
      Make a record of that.
    17. Re:RTFA by Anonymous Coward · · Score: 0

      That was then. This is now.

      20 years ago, computers - especially servers running Unix - were few and far between, and syadmins were rare and tended to be educated and well trained.

      Now, every company has a computer network, and every bonehead who knows a little C and managed to get a Linux distro up and running on his home machine thinks he's a sysadmin.

      The situation you describe is unlikely to happen today, just as the situation the original poster fears - someone "improving" the source code, breaking feature X, and demanding support without mentioning the "improvements" he made - was unlikely to happen back then.

    18. Re:RTFA by zerocool^ · · Score: 2

      Plus, what about Johnny Gifted-teen in his basement. What happens when he writes a brilliant piece of code that MegaCorp snatches up and puts in their BigSoftware? Johnny sues them? With what resources? Do you know what it costs to sue a fortune 500 company? Hell, the government can't even do it successfully.

      You don't think that happens today with open source software?


      Oh, i imagine it happens. I'm just suggesting that distributing all source code everywhere is not the answer to the problem. Knowing it is happening isn't necessacarily going to change the practice.

      --
      sig?
    19. Re:RTFA by Anonymous Coward · · Score: 0

      Apply some common sense. Someone might try to pirate Tom Clancy. However, for it to be a pirated work, they would need to replicate the notes and outlines and research that Tom Clancy did, as well as countless revisions that were involved in compiling one of his novels. You can draw the analogy that his notes+ideas+research = source code, and the novel is the final version of that work.

      For someone to pirate his novel (aka, binary), they'd have to just photocopy it.

      However, if you want the company to give away source code, it'll be like Tom Clancy all of the research and thought up of a few ideas and scenarios for the reader to use in their own book. It just doesn't really make any sense.

    20. Re:RTFA by Anonymous Coward · · Score: 0

      Copying a binary is just as easy as copying the source. It's just another file.

      Unless of course you are talking about "copy-protection", but then your comment about "making it easier to buy than to pirate" doesn't hold. Copy-protected software often cause the user so many problems, that it is easier to get a cracked copy, and install it instead of the original. And why pay, when you need to get a cracked copy anyway?

    21. Re:RTFA by Anonymous Coward · · Score: 0

      But with closed source, it would be impossible to have a pirated copy of e.g. UT2k3?

      Or are you just complaining that selling the source with the binary doesn't solve everything?

    22. Re:RTFA by Anonymous Coward · · Score: 0

      If somebody lifts the plot of a Clancey book, and then rewrites it with different character names and different names for the setting, that's plagiarism. Now for the hard part: Prove it.

      It's not hard at all. Give this a try.

  50. You have got to be kidding me! by Anonymous Coward · · Score: 0

    Open up all software? I am sorry... why the hell should they? You need business and you need to protect your assets and your properties.

    I guess this is all you Slashdot readers know! Every god damn thing should be open source so you can tinker with it in your parents basement.

    Word of advice... real programmers get real jobs making commercial products not reading Slashdot daily, bickering about Microsoft and tinkering with a substandard OS (Linux)!

  51. What a Maroon by Anonymous Coward · · Score: 0

    1) When a company pays programmers to write code for commercial apps, they are NOT going to make the code available (afterall, they paid good money for the programmer's time). It just ain't gonna happen.

    2) This guy has probably never been involved in a honest-to-god commercial application development environment. Otherwise, he would know from the start that good design often crumbles under the weight of feature creep induced by clueless management and sales staff.

    3) The government already owns the source code to many of the programs commissioned in the name of "national security". However, they have neither the time nor the inclination to perform code reviews, especially if the programs "just work".

    4) Companies are not interested in "asking for improvements" where source code is concerned. They're only concerned with how much money they'll make off people that need/use their apps. Afterall, they pay programmers to suggest/implement improvements, not clueless end-users.

    5) Programs are bloated and puss-filled because users continue to demand extra features, demand the new versions NOW, and then bitch and moan when something breaks, or when an old feature is omitted in favor of the new paradigms. Users are, for the most part, complete over-demanding idiots who think that all software should be free, not due to ethical reasons but because they're too freakin cheap to pay for it, no matter how well it performs or fits the task at hand.

    6) Programmers are paid WAY too much (I know - I am one). If they weren't paid so much, the software wouldn't cost so much.

  52. Constructive comments on the article by GoofyBoy · · Score: 2

    ... I really don't have because its just so dumb.

    1. How many people would understand/follow the code? How many people would even be able to find anything of interest?

    2. If it is really of life/public safety/importance, then the big bucks would have paid for the code/testing/standards already.

    3. Seeing code != perfect end product

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  53. Slashdot... by craenor · · Score: 1

    is a dangerous place to not be pro-open source. But I simply do not think that open sourcing of software is reasonable.

    Yes, it allows people to make 3rd party improvements or alterations to your software more easily. But it also allows people to exploit the software for their own uses.

    Intellectual Property is something worth protecting.

  54. You're joking by Un+pobre+guey · · Score: 2, Interesting
    1) except for a few crucial algorithms Why open it up at all? Those are the parts the customer would want to inspect the most!

    2) the resulting executable would not operate in a meaningful way without the key routines. Why bother? How would the customer test or debug it, or suggest extensions?

    3) Shame on the designers; their indiscretion should be on display for all to see If you have the rare privilege of working in an organization that doesn't need it yesterday, is understaffed, and has to scale up very quickly, then I can see your point. The rest of us have to deal with a competitive marketplace.

    I agree that open source has an important role to play in many types of commercial software, but this article is a trivial discussion of the problems involved.

  55. While we're all analogizing... by Balthius · · Score: 1

    I don't expect to be able to walk into a restaurant and see recipes listed alongside the menu items. Nor would I expect the restaurants to disclose that recipe if I really liked it because I could go home and make it myself instead of paying for it. That doesn't make very good business sense. The only real arguments for going open source across the board is to avoid annoyance on the part of the consumers and developers. Hard-core open-source proponents tend to err on the utopian side and conveniently overlook practicality and the very thing that generates their paychecks: business.

  56. No subject by Anonymous Coward · · Score: 0

    Everybody has the freedom to close his sourcecode. Everybody has the freedom to "not buy" this closed software.

  57. tyranny and freedom by Anonymous Coward · · Score: 0
    socialism vs. free market

    the issue here is not free (as in beer) vs. fee, or even open vs. closed source. No, the only relevant issue here that should be discussed before anything... ANYTHING else is forcing software to be open. Just as it would be illogical, much less unconstitutional in the US to somehow restrict any software from being open (as if that could realistically be policed) this issue is about control over others and their choices. We can all sit around a campfire and tell ghost stories supporting this or that and then all roast metaphorical smores as we candy coat the issue with rhetoric and buzz. In the end nothing changes and that fact is what separates the foolish from the wise, not any degrees, computational ability or word wizardry.

    once you have established the relevant standings of that issue and how it is to manifest then by all means, please open up the intelligent debate on open source vs. closed source and the various sub-catagories of software and services that are seen to benefit from either.

    This issue seems to be like opening up a fresh pile of banannas or female-in-heat scent in which the monkeys go crazy. Don't be talking monkeys or parrots and try using critical thought... it is a refreshing change that you might find does yourself and your cause loads of good.

  58. 2 big problems... poor documentation, analogy by SnoooBob2k · · Score: 1

    As much as I like the idea of being able to see the code in software programs, I don't believe this is going to work for two reasons...

    *First of all, the author's analogy about the construction of bridges is flawed. While Joe Blow could look at a bridge and see how it's designed... being able to reconstruct it would require him to be able to manufacture the parts, have skilled construction subcontractors, etc... *Software code on the other hand, is easy to copy... all Joe has to do is cut and paste. No manufacturing infrastructure whatsoever.. just a compiler.

    *Secondly, even if code was open, doesn't mean the scrutiny is going to live up. How often have you seen a well-documented peice of code wiht all the variables labeled, etc..?? exactly. Not to mention that a company could just write an obfusticator to make the code completely unreadable. that's my 2 cents..

    --

    Romeo & Juliet for 1337 hax0rz! http://www.redcoat.net/pics/romjul.swf

  59. No other industries does that... by paulplee · · Score: 1

    why should the software industry?

    I understand the author's point in that "transparency == quality", but COMPLETE transparency will probably have couter-productive effects in the capitalist, real world.

    OSS are developed by people who care about sharing and improving and other ideologies. This is great, but what's the percentage of idealists in all human beings? 10%? 20%? Most people just try to get ahead/by. I'd go so far to say that most companies just try to get ahead/by. And that means building competitive advantages and making money.

    If tomorrow the government make it a law for all software to go open source, I'll bet that 80% of the companies will figure that they'll make more money selling groceries than writing software.

    How's that progress? Like it or not, proprietary code drives competition, just like greed drives civilizations. Necessary evil if you will.

  60. All source code is ALREADY open? by styxlord · · Score: 1

    Don't you do all development in machine code?

  61. escrow by nettdata · · Score: 3, Insightful

    I'm the CTO of a software development company called Intellinger.

    We're young, new on the block, and competing against some big fish in the performance monitoring space.

    One of the biggest issues we have is trying to placate potential customers that are worried about us going out of business and leaving them with un-supported code.

    To get around this, we've put copies of source code, with docs, build environments/scripts, etc., in escrow. This way, if we DO go down in flames, all registered license holders of our software are entitled to complete access to EVERYTHING required to support the software themselves.

    This keeps our investors happy, our customers happy, and us, the developers, happy. There's NO WAY IN HELL that our investors, or me, for that matter, would condone or support making our entire product OS. We've spent a couple of years working on this thing, and we'd like to get some benefit out of it.

    There is an infrastructure (that we call Brazil) that will probably be put into open source in about 6 months, but the customized/specialized modules that plug into it that we've developed will NOT be made OS.

    Obviously, our position could change in the future, but for now, it's not an all or nothing proposition.

    --



    $0.02 (CDN)
    1. Re:escrow by The+Bungi · · Score: 1
      The problem with escrow is that if your company does go under, the judge overseeing the bankruptcy proceedings may very well decide that the only thing of value left for your investors happens to be the code, and thus subject to be sold as an asset along with your Aero chairs and blade rackmounts.

      And of course, the buyer of the code may not be interested in releasing it to your (former) customers. Many companies don't trust source escrow for that very reason, not to mention that source code alone does absolutely nothing for me if I'm missing the skill that went into creating it in the first place.

      Just a though.

    2. Re:escrow by jerdenn · · Score: 2

      Well, as far as escrow goes, apparently it isn't always everything it is cracked up to be:

      Read what Bruce Perens has to say on the issue in another thread:

      Escrow contracts are voided by bankruptcy

      -jerdenn

    3. Re:escrow by nettdata · · Score: 2

      Luckily, we're in Canada, so the rules are slightly different.

      And, there ARE restrictions as to what the end-user is allowed to do with that code.

      They can support/develop all they want for their own uses, but can't resell anything to do with it.

      Both our and the customer's legal teams have gone over everything and are happy with it, so it seems to work.

      --



      $0.02 (CDN)
    4. Re:escrow by nettdata · · Score: 2

      Luckily, we're in Canada, so the rules are a little bit different.

      See reply elsewhere in thread. :)

      --



      $0.02 (CDN)
    5. Re:escrow by Software · · Score: 1
      To get around this, we've put copies of source code, with docs, build environments/scripts, etc., in escrow. This way, if we DO go down in flames, all registered license holders of our software are entitled to complete access to EVERYTHING required to support the software themselves.
      This is better than nothing, but a bankruptcy judge can rule that the escrowed code is an asset of the company and must be sold, not distributed. He can just take that pre-bankruptcy contract and toss it out the window to satisfy the creditors. IANAL, and I don't know how often it happens, but it can. Of course, you don't need to worry about it if your customers don't, and there's no sense telling them. Caveat emptor!
    6. Re:escrow by plierhead · · Score: 2

      One of the biggest issues we have is trying to placate potential customers that are worried about us going out of business and leaving them with un-supported code.

      To get around this, we've put copies of source code, with docs, build environments/scripts, etc., in escrow. This way, if we DO go down in flames, all registered license holders of our software are entitled to complete access to EVERYTHING required to support the software themselves.

      We went through a similar discussion at my company with a very very large software company (OK, the largest) that licenses our Java technology. Their view was that escrow was no good for several reasons. One was that there was no guarantee that the escrow actually contained "everything". A true escrow service that guarantees this would have to do a complete build, and then release the result to the customer for them to check it is complete. Further, some skilled and independent authority would need to verify that the build was truly done from source and there were no binaries in it.

      After considering these and other objections for a while, they did seem reasonable and escrow is not as simple as it looks to be.

      --

      [x] auto-moderate all posts by this user as insightful

    7. Re:escrow by Snork+Asaurus · · Score: 2
      This doesn't only happen with small companies. Years ago, I worked for a Very Large company that had 60% of the world market in their particular field (no, not MS :-). We had a $150 million contract with a Very Large customer to provide systems that were critical to their business.

      Despite the fact that we were very large, and insolvency was highly unlikely, part of the contractual requirement was to provide source code to be held in escrow along with the development tools, all build info, doc's etc. It was up to the customer to keep and maintain the host equipment on which to build (melange of VAX's, PC's and other development systems). At the end of the project, when all deliverables had been met, we were required to do builds with the customer from the stuff in escrow to verify that it could be built. The source code "container" (yes, a strong box) was then sealed.

      The customer had no right to open the container for any reason other than insolvency of our company AND surviving that, no right to disclose, transfer or assign the source code or knowledge gained therefrom to any outside party AND no right to use it for any other purpose than the support or enhancement of their own systems. We reserved the perpetual right to inspect and audit the container with no prior notice. What was known and clearly understood then was that at the rate of technology obsolesce, the source code would have quickly diminishing value to any of our competitors.

      It's an uneasy arrangement all around, but sometimes necessary and from the customer's perspective, understandable.

      But what the article(s) suggest appears to be the unconditional provision of source code at the time of sale or release.

      --
      Sigs are bad for your health.
    8. Re:escrow by nettdata · · Score: 2

      The other thing we have going for us is that the cost of the software is less than $10,000 so that means that it's not THAT big of a deal if support for it goes away. It's not like a company is likely to base their entire business around our product.

      At the end of the day, escrow is reasonable risk management for the situation.

      --



      $0.02 (CDN)
  62. Non-trivial code for banks ALL has source by crovira · · Score: 3, Informative

    Apart from word processors, spread-sheets and other "untrusted" apps, banks and anybody else who spends upwards of six mil a year for development and maintenance, will damn well make sure that they get the code.

    For some of their stuff on mainframes and PCs they HAVE to to comply with banking commission and/or SEC and/or government regulations. Its more than just a good idea, its the law.

    They have to be able to TOTALLY reassure the auditors and inspectors that NOBODY is 'skimming' pennies from each transaction. When you're talking a trillion transactions a day, week, month or year, it adds up to big time fraud damn quickly.

    You CAN'T do that with a "pig in a poke." They get the source code to keep the baddies who can shut 'em down from shutting 'em down.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  63. It should be a requisite for copyrights by mangu · · Score: 2
    The need for copyrights comes from the necessity to protect something that's open for all to see, such as a book, for instance, or a music. Anyone with a trained ear can listen to a music and reproduce every detail of it.


    However, for things that have other forms of protection, such as encrypted DVDs or executable source, there should be no copyrights, because, for such works, there's no guarantee at all that they will be available to the public when the copyright period expires.

  64. Judgement of whether source is good? by Shadow+Wrought · · Score: 4, Interesting
    I am not a programmer, and have minimal programming abilities, so this is an honest question out of ignorance.

    What makes code good or bad?

    Is it the resultant way in the program runs? Is it the effeciency of the code?

    Finally, is it possible for two different programmers to look at the same source code and have strongly differing opinions about its quality, or is it a pretty much agreed upon criteria?

    While I honestly do not think that an idea such as this will ever come to fruition, I cannot help but wonder at what the standard of judgement will be should it occur. If code is deemed to be good or bad based solely on subjective criteria, then I think the whole idea is doomed from the get go.

    --
    If brevity is the soul of wit, then how does one explain Twitter?
    1. Re:Judgement of whether source is good? by sql*kitten · · Score: 2

      Finally, is it possible for two different programmers to look at the same source code and have strongly differing opinions about its quality, or is it a pretty much agreed upon criteria?

      What matters is the elegance of the thought behind the code. Simply put, it is code that transforms its inputs into its outputs using the fewest possible number of operations, variables, etc, and correctly handles unusual or unexpected inputs without behaving unpredictably. Coincidentally elegant code tends to be easy to maintain and efficient to execute, but these two factors alone are insufficient to make a piece of code elegant.

      If you are interested in this sort of thing, I recommend reading Knuth, generally reckoned to be the greatest authority on such things.

    2. Re:Judgement of whether source is good? by cheebie · · Score: 1

      > What makes code good or bad?

      That almpost entirely depends on who you are. If you are a user of the end product,
      you probably shouldn't care one way or the other about the code. The fact that they
      used one style or another means squat so long as it runs correctly and fast enough
      for your purposes.

      If your job is to maintain that code, then you want the original designer to
      be consciencious and write in such a way that you can figure out just what the
      hell he was thinking. There are several excellent guides to writing maintainable
      software out there.

      >Finally, is it possible for two different programmers to look at the same source code and have
      >strongly differing opinions about its quality, or is it a pretty much agreed upon criteria?

      No, two people could look at code and have wildly diverging opinions about
      it. Coding is still more of an art than a science. There are definitely camps
      out there who are mutually antagonistic. Write object oriented code and
      show it to a sequential programmer and he'll scream bloody murder about
      inefficieny. Do the opposite and the OOP guy will have a fit about the lack of
      extendability. The functional programmers will just be left out in the
      cold because they're still considered radicals. ;)

      There are lots of criteria for writing good code, and for the most part
      they all violently disagree with most of the others.

    3. Re:Judgement of whether source is good? by sirshannon · · Score: 1

      I am a programmer and have rarely seen code that I didn't think I could improve on. And I'm sure the same goes for everyone that has ever seen code that I have written.

    4. Re:Judgement of whether source is good? by Shadow+Wrought · · Score: 1

      Thanks all for your replies. I have always thought that there is elegance and beauty to be found in just about anything- depending on where you look. Its nice to know that code is not an exception.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
  65. Not well thought out. by BubbaTheBarbarian · · Score: 1

    When you drive across a bridge, its design is open for inspection. You can see the overall structure, the method used to anchor the cables, the thickness of the roadbed, and so forth. If you want a closer look, you can walk the bridge and see more detail."
    "Unique code accounts for 1% of all new code..."
    Points on this...
    Time = money. Why the hell should I let some shmuk take my code and use it for an app that I may or may not want him to create? If I make the code, I should decide how it is used. Espcially with applications.
    The point about a bridge...when was the last time you looked at a bridge and saw all of the elements that went into designing it? X-Ray vision is not an option unless you are hyped out and just got done withyou lasted viewing of Superman 4. A better analogy is a sandwhich shop. You want to know how to make this sandwich, well here you are!
    The argument that all code should be availble to all is flawed from the start, and if you are goign to make, do some research, check your facts, and come up with a better analogy.
    WAR TUX!

  66. Intellectual Property Rights is the Problem by Anonymous Coward · · Score: 0

    In many cases, you can look at a product and say 'I could do a better job of that', which is probably true. In these cases the code should be open source, because the vendor is not doing anything novel or overly complex. They are just doing the work of implementing the product. As said, anyone could do that, but I am willing to pay so I don't have to. But, since I am paying for the effort, and I acknowledge that this is the only thing I am paying for, I feel the code should be open.

    In the case of products that really do something amazing (I would class 3DS Max, Maya, Massive, Mathematica, AutoCAD, other high end specialty systems), I am fine with the authors maintaining their intellectual property rights by not disclosing the code base.

    Whether this is right or wrong is not about whether all things should be open source, but about whether or not something deserves to be protected by IP rights. In general, patents are broad, overly powerful, and vague. In fact, patent filers make it as vague as possible on purpose, in an attempt to broaden their protection from competitors.

    So, I think this can be reduced to some basic underlying problems we have with out current intellectual property rights system, including the patent office.

  67. I agree on part of it by aepervius · · Score: 2

    If you pay for a tailored product , then you should get the source code. Point.

    Now if this is a comercial distributed product , this is another kind of problem and what you said above apply.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  68. Unique code by sql*kitten · · Score: 5, Insightful
    In any large software system, the truly unique code probably accounts for about 1% of the source.

    In an academic, Computer Science research sort of way, you're probably right. And there is a lot of common code in many applications, it's true - but that's what vendor-supplied and third party .so and .dll files are for.

    The #1 cost in most software is time - to design, to code, to test and to document. That's what adds value. What you are saying is like saying that "houses should cost no more than the bricks they're made of, or that cars should cost no more than what the iron ore cost to mine. Hell, iron ore should be free, right, it's just sitting there in the ground waiting to be dug up!"

    Here are the facts:
    • Software costs money to write. Even open source software isn't written for free; everyone involved has a day job, and invests the money from that into the product. Even prominent figures such as Linus Torvalds (works for a chip designer) and Richard Stallman (funded by the MacArthur Foundation/MIT) don't pay their bills with open source.
    • Software is a risky business. An organization can invest literally tens of millions of dollars in a software project, only to see it fail. This could be because it doesn't do what it's supposed to, or because too few customers buy it, but either way they don't get back what they invested.
    • There needs to be a mechanism by which people who write software get paid - assuming that you want software to be written at all, of course. Further, there needs to be a means by which this cost can be spread amongst many people, so that commodity software can be written.
    • Therefore, until the cost of food, housing, transport, energy etc tends to zero because these things can be reproduced at near-zero cost (not going to happen anytime soon) software must be a product like any other product.

    People like you will continue to say that software should be free, and you'll keep coming up with ways to justify your belief. That's fine, because you're fighting the laws of economics, and they're just as implacable as the laws of thermodynamics.
    1. Re:Unique code by Anonymous Coward · · Score: 0

      That's fine, because you're fighting the laws of economics, and they're just as implacable as the laws of thermodynamics.

      That's both a dangerous supposition in the hands of the blind as well as one that's entirely incorrect. Read John Ralston Saul's The Unconscious Civilization, or Michael Albert's Participatory Economics or even Marx's Kapital.

      This economy is an unnatural mode of pseudo-slavery. It's rules and mechanics are entirely derivative. Stop regurgitating and start thinking.

    2. Re:Unique code by sql*kitten · · Score: 2

      Marx's Kapital.

      This economy is an unnatural mode of pseudo-slavery. It's rules and mechanics are entirely derivative. Stop regurgitating and start thinking.


      How amusing. You do know that the Marxist economic system was a complete, abject and utter failure, don't you? That the people of the Soviet Empire, Cambodia, Cuba and North Korea live(d) in poverty?

      I suggest you read some Ludwig von Mises, Adam Smith or Ayn Rand.

    3. Re:Unique code by Afty0r · · Score: 1

      I suggest you visit Cuba. Not just a tourist hotspot but the more rural areas.

      "Abject Poverty" might be a good description at first glance, but take a look at the underlying quality of life, and how happy people are.

    4. Re:Unique code by sql*kitten · · Score: 2

      "Abject Poverty" might be a good description at first glance, but take a look at the underlying quality of life, and how happy people are.

      It would indeed be enlightening to visit an area of Cuba not under the control of the secret police and the communist party.

  69. to the poster by Anonymous Coward · · Score: 0

    your verbal support of the open-source movement is commendable. on a different subject, calling you an idiot would be insulting to the mentally-challenged world-wide.

  70. Makes you wonder by Subcarrier · · Score: 2

    They spend hours and months poring over the code, providing traceability and working on correctness because if they fuck up, people die.

    I wonder if people expend the same effort on the embedded software that controls traffic lights. Seems to me that borking traffic lights are a lot more likely to kill large numbers of people.

    --
    "I have opinions of my own, strong opinions, but I don't always agree with them." -- George H. W. Bush
    1. Re:Makes you wonder by bmwm3nut · · Score: 1

      i'm sure the same amount of examination goes on, it's just that there's a lot less code to go through. would you rather examine the code that runs the components of the space shuttle and make sure it's 'perfect', or would you rather examine the traffic light code? even the most complicated intersection that i know of wouldn't be a very complicated program to verify.

    2. Re:Makes you wonder by DavidTC · · Score: 1
      NASA is way too anal and wastes way too much money anyway. It is statistically safer to be in space than anywhere in the world. Some people see that as a good thing, I see it as a fucking waste of my tax dollars.

      I don't care if there's a one in a million chance a cosmic ray will hit and fuck the toilet up...it's outer space, it's supposed to be dangerous. Don't spend $35,000 shielding the damned toilet. Sometimes people will die, but I think Challenger proved they could die anyway once you strap them on the back of a apartment building filled with explosives. You can't plan for everything, so stop spending so much time and money trying to make everything perfect, because it can't be.

      Under my ideal NASA, twice as many people would die. As less than 50 people have died in the entire history of manned spaceflight, I'm kinda okay with that...they know the risks, and I fail to see why it should be safer than normal airline travel. Hell, more people die each year from getting struck by runaway pianos. OTOH, under my NASA spaceflight would cost a tenth as much, and maybe we'd actually do something with it besides tossing satelites up there.

      The Russians do it correctly, mainly cause they have no money. They kept Mir up with duct tape for years.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    3. Re:Makes you wonder by Anonymous Coward · · Score: 0

      They do.

      And they even have the hardware check the software. If the software manages to set two directions to green at the same time, a very simple circuit board will cut the power immidiately, and switch the light to flashing yellow in all directions.

  71. Communist pigs by Anonymous Coward · · Score: 0

    Does nobody in this place understand the concept of capitalism? If you give everything away, nobody makes money. God damn it. I'm tired of logging into /. every day and seeing a ton of idiotic communist-slanting posts about how everything should be free and the world should be made of cotton candy and candy canes. Get a job, hippie!

    1. Re:Communist pigs by MadBurner · · Score: 1

      you log in as an amonymous coward to call people communist pigs? We don't ask you to come here. Keep your insults to yourself thank you.

  72. Commies everywhere by flowerp · · Score: 0, Flamebait


    People like the author of this article are
    so called "Source Code Communists".

    --
    --- Eat my sig.
  73. Who volunteers first? by Woogiemonger · · Score: 1

    Wouldn't software companies engage in widespread theft of each other's hard work? No, they wouldn't, because this is already covered by copyright law.

    Compare this to the end of the movie Reservoir Dogs to discover why this would never work. Who's going to drop their gun first? Let's say Microsoft decides to be the frontrunner for this idea and opens up Windows source code. Lots of companies would then steal whatever code they needed and NOT open up their source. In America, laws often don't matter when you can get away with ignoring them, AND make money off it.
    1. Re:Who volunteers first? by Anonymous Coward · · Score: 0

      Cycle through a red light and you could in theory be fined GBP 2500 ("dangerous cycling"). Do it in a car and you could go to PRISON (and be fined an umlimited amount). (After all, travelling through a red light presumably both "falls far below what would be expected of a competent and careful driver" and would be "obvious to [any] competent and careful driver that driving in that way would be dangerous" - consider the potential consequences if someone is coming the other way on a bicycle, or in a lorry, at the limit.)

      People do violate laws from time to time, even source code software licences (both free and otherwise). No one has taken the FSF to court over breaches of the GPL (http://www.gnu.org/philosophy/enforcing-gpl.html) . Salting code with semantically significant strings would provide a means for penalising the slightly dishonest (the strings would need to be such that the code would cease to work if they are removed, and rewriting the code to remove the need for the strings would need to be non-trivial) - the copyright holder would run the popular "strings" utility on the offending binary and, upon finding offending content, would forthwith inform the offender with a view to prosecution or civil action.

      It is rather surprising that the maximum penalty for stealing a piece of fruit is ten years, but that for copyright offences is only two years (including counterfeiting some expensive proprietary software product, making the copy look genuine, and selling it at such a price as to drive the legitimate product from the market), the same as for driving through a red light (remember - "dangerous driving"; after all, few competent sighted drivers would *accidentally* pass through a red light).

  74. This guy cracks me up by DougJohnson · · Score: 3, Insightful

    If 1% of the source were to have the magic, then if that part is hidden, basically all you have left is gui and i/o. So What's the Point of releasing it?
    Furthermore, this guy somehow thinks that removing the #define is an effective barrier to piracy? I think I heard of something called a symbol table at some point.... maybe that would help black-beard?
    This guy is just trying to stir up shit so that he can make a mark. The only customers that would be dumb enough to hire him, are the same ones that would believe his inane ramblings.
    Good luck Mr. Connell, if you ever have a good idea, feel free to share it.

    1. Re:This guy cracks me up by Wavicle · · Score: 2

      Furthermore, this guy somehow thinks that removing the #define is an effective barrier to piracy? I think I heard of something called a symbol table at some point.... maybe that would help black-beard?

      Symbol tables usually only include references to things you are setting memory aside for (variables and functions) - #define's would generally not show up. It's debugging information that is usually not included in a production build anyway. It would still be relatively easy to recover whatever the #define was anyway, regardless of the build.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
  75. Flawed argument. by crandall · · Score: 2, Insightful

    The entire point of his article is flawed. It seems he wants to open source just so that people can point out the 'bad design' or 'coding gaffes'. Now, I write a lot of code in a day, some good, some bad, and probably even a bit brilliant, but if it gets the job done properly and well, nitpicking over 'bad design' is just that.

    I'd imagine a lot of really great code is fugly as hell, and just because code is design well doesn't mean it will do its job well. The two are relatively independant, unless you like to take a holier than thou stance, which it appears this article is doing.

  76. In Other news by halo8 · · Score: 2, Funny

    In Other news today Molson and Labbat both changed long standing policies and decided to give away their recipes in every two-fer purchased

    Canadian Geeks everywhere cheered Free.. as in Beer

    --
    The More Knowledge you have the Luckier you Get- J.R. Ewing
  77. Thinking along these lines by joss · · Score: 2
    I agree that something like this is needed. I could not think of a good name but something like Community Source might work. I had even started writing a proposal for it with a view towards creating a site to extoll the idea....

    The benefits of Open Source or Free software to its users are undeniable. If the software has a bug, or the software does not do something you want it to do, you can change it. There are many advantages, and they have been explained at length by various people. If you are going to be using software, you are definitely better off if you have access to the source code.

    Trust

    The fundamental difference between open source software and closed source software is the level of trust required. For a business to use closed source software, the level of trust required is enormous. It is not simply a question of whether the money spent purchasing the software is a good investment. The time invested using the software is far more significant. Almost inevitably your own business information becomes tied up in a format that is specific to the software you are using. In order to buy software from a closed source company, you have to take the following on trust:

    • They have not left gaping security holes in the code.
    • They will fix bugs in a timely manner.
    • They will eventually add the features you want.
    • They are not using your computing resources to do things which are not in your interest.
    • They will not increase the price unreasonably once you depend on them.
    • They will not go bust.
    In fact, when you consider all the things that people are expected to take on trust when they purchase closed source software, it is amazing that anybody ever does so. The truth of the matter is that very few organisations properly considered these factors before they bought the software. They bought the software because they needed it and although there are terrible dangers involved in relying on closed source software, there is often no alternative. Companies and other organisations are only just starting to wake up to the dangers of closed source software.

    Business Models Having access to the source code makes good sense to the users. However the business case for the software vendor is far less convincing. In fact, the dangers of closed source from the user's perspective can be considered opportunities from the vendor's perspective.

    The open source foundation proposes "4 ways to win" which is reproduced here: Four Ways To Win

    Now for a higher-level, investor's point of view. There are at least four known business models for making money with open source:

    1. Support Sellers (otherwise known as "Give Away the Recipe, Open A Restaurant"): In this model, you (effectively) give away the software product, but sell distribution, branding, and after-sale service. This is what (for example) Red Hat does.
    2. Loss Leader: In this model, you give away open-source as a loss-leader and market positioner for closed software. This is what Netscape is doing.
    3. Widget Frosting : In this model, a hardware company (for which software is a necessary adjunct but strictly a cost rather than profit center) goes open-source in order to get better drivers and interface tools cheaper. Silicon Graphics, for example, supports and ships Samba.
    4. Accessorizing: Selling accessories books, compatible hardware, complete systems with open-source software pre-installed. It's easy to trivialize this (open-source T-shirts, coffee mugs, Linux penguin dolls) but at least the books and hardware underly some clear successes: O'Reilly Associates, SSC, and VA Research are among them.

    In fact, the number of companies that have had success with any of these models is miniscule. This is hardly surprising, they are simply not very good business models for software companies.

    Taking each in turn... Selling Support The better documented and more reliable the product is, the less support it needs. A business model where the more perfect your product, the less money you can make has got something fundamentally wrong with it. Loss Leader The very fact that this can be advanced as a viable business model for OpenSource shows desperation. What it comes down to is an admission that the best way to make money from software is by selling it. Widget Frosting This makes perfect sense if you are a hardware company, or when the software is a side issue. However, its no use at all for a business whose main product is software. Accessorizing Selling accessories is fine, but there is no pressing need to actually develop the software when one is in the accessories business.

    There are of course other business models for Open Source. For instance, the one adopted by the Perl foundation and several others is begging. This is not a business model that many companies would find appealing though.

    The basic problem is that for a business whose primary function is to make software, then the primary reward has to come from selling the software. We need a business model that actually works and we have one, it's called capitalism. It works like this: make something that people want and sell it to them. This model works for software too, and there is no reason why this model cannot work even when source code is available. Closed source vendors are relying on something a little closer to the business model of a heroin pusher. It starts off like capitalism, but there is the added feature that the user gets addicted and has to carry on buying the same thing even if he does not really want to. The more he uses the same vendor, the more reliant he is upon it.

    The Solution Community software is software where the vendor can be paid a fair price for the software he creates, but where the buyer does not end up in a similar position to a junkie.

    Community Source is software that guarantees the following:

    1. The right to see what the software is doing, ie access to unobfuscated source code.
    2. The right to add enhancements.
    3. The right to fix bugs.
    4. The right to sell his enhancements to other companies. This does not mean the right to the sell software without the original vendor receiving any money. The buyer still needs a license from the original vendor, but he does not have to rely on a single vendor for upgrades and enhancements.
    5. The right to buy enhanced versions from 3rd parties.
    Together these provide a guarantee that the buyers investment in the software is protected. The benefit to the software vendor is that he can sell to larger companies without them being scared of buying from an outfit which might go bust or be unable to properly support them. It is better for the client than software escrow since the client knows that if the original vendor does not maintain the software well, then someone else can do so.
    --
    http://rareformnewmedia.com/
  78. If source was visible, copying would be obvious by Anonymous Coward · · Score: 0

    The fear that code could be copied and used by a competitor should not be a problem if their source was open to inspection.

  79. Development time is a barrier to new entrants by Anonymous Coward · · Score: 0

    The time it would take to discover business rules, design and construct is a barrier to entry into a niche market.

    Why give competitors an opportunity to catch up with you by reviewing your code?

    Why give potential new market entrants a free lesson in the business rules associated with an industry?

    Software is not written to benefit users, it is written to benefit it's author! $$$

  80. A number of naive mistakes... by Anonymous Coward · · Score: 0

    In any large software system, the truly unique code probably accounts for about 1% of the source"

    Can you back that up with any kind of evidence? Even anecdotal?

    Most large systems I can think of gain their uniqueness by the fact that they comprise a huge amount of code that works well together, rather than having any magic tricks in a tiny amount of the code.

    In the C programming language, this means excluding the #define statements

    You're talking about obfuscation, which immediately renders the "extra eyeballs" on the source code useless.

    (Incidentally, thinking that static configuration data is limited to #define statements indicates significant naivete about how real software is built, so I'm not sure how seriously we should take this article.)

    quality-control group that is part of the same development organization as the programming team cannot make an objective assessment of software quality

    Of course they can, if their processes are properly defined. There are formal methodologies for proving code, and hence it doesn't matter who's doing it.

    1. Re:A number of naive mistakes... by Wavicle · · Score: 2

      Can you back that up with any kind of evidence? Even anecdotal?

      A person who believes that removing constants from your source code imparts protection from international copyright hijacking, probably can't back up anything. I'm going to take a wild guess and say this guy hasn't written any real assembly source code in his life, or he'd know just how stupid his assertion is. If you're cutting out constants (not macros), I'm betting that in 30 minutes I could be set up to recover one of them, and each one after that would take about 30 seconds. Why can't we moderate articles as -1 Troll??

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
  81. open source != more time/money to make it better by sevenoftoine · · Score: 2, Insightful

    The assertion is that peer pressure will create better code. That indeed may cause some corners to get smoothed out, and some blatantly bad coding practices to get exposed. But fundamentally, it's not going to give the devlopers an extra three months, etc. to make it better! If a company has X dollars to put out a product, then you get whatever it is that X dollars will get you. Showing the code post-delivery will not have changed what you got in the first place. But back to the bridge: if there's only one bridge to cross, you're taking it, even if it's poorly built! But, if there is a choice of bridge to take, then the result is obvious.

  82. All money should be given to me. by Anonymous Coward · · Score: 0

    and All your base are belong to us. Yes I know you worked hard for that money and I did nothing, but that doesn't matter, you should give it all to me.

    1. Re:All money should be given to me. by Anonymous Coward · · Score: 0

      +3 Funny

  83. I think it was wrong the first time, and I still.. by Midnight+Ryder · · Score: 3, Interesting

    Ok, I thought the first one was pretty off base and utopian in it's thinking, and I don't think this one-page update to the artice does anything to improve matters.

    Now, before someone decides I'm an anti-Open Source type o' guy, forget it. I'm not - I use Mozilla (1. 2 - woohoo!) for my browsing and mail, and Open Office as a most-of-the-time replacement for MS-Office (*SIGH* I still have office loaded for a few oddball things OpenOffice doesn't do right.) I've got a nice firewall (linux) and fileserver (linux) all running open source operating systems.

    So, consider that before markin' it as troll when I say... Oh, PUHHHLEEZ!

    Look, makin' an application Open Source does not garantee quality. It does not reduce code bloat (in fact, I'm starting to believe that at it's core, the Open Source way of doing things is starting to increase code bloat. However, the really slick thing is bein' able to fix that on a personal level with a simple recompile most of the time! But, that's a totally different article to write...) It does not garantee an increase in quality - just because you can LOOK at a bridge's construction, do you fully inderstand the architect & engineer's design methodology? Would adding another bolt hole here and throwing a bolt through it increase or decrease stability of the bridge. You have to be a specialist in the field to truely understand (just being an engineer doesn't cut it - you need to understand BRIDGES before you work on a bridge :-)

    Same applies to software engineering - while anyone could look at the source, and start hackin' at it, that does almost nothing for other people in the first place. You've got to redistribute the improvements, get it back into the source tree, and convince other people to re-compile before you do it. Most of the steps above require specialized knowladge of one form or another. (Before someone debates that point - no, not people don't understand how to run a compiler. I'm not talking about the /. crowd - we all know GCC or compiler of choice like the back of our hands. Or, for some, the palm of thier hands ;-)

    But, even then, some of this stuff is way above 75% of the /. crowd's heads part of the time (picking an arbitrary number here) So what point was it in handing the source for a accounting system to someone who who is a systems administrator? Parts and bits of it make sense, but, without the background in accounting systems, there's parts of it that could cause more grief than it's worth for a simple change.

    There's also somehow the impression that this would "change things". That somehow, because of magically having the source code available, this would make products better. Well, it's not going to increase the quality of the code from the original company who released it. And unless there's a clearing house for everyone to update thier application, what's the point? Overall quality doesn't improve, only single installations (or corporate installations where someone made the nessisary change and distributed it on the desktops - which to be honest, DOES indeed provide some promise to the concepts he presents in his article. Corporate licensing would be handy.)

    Tech support becomes a nightmare too - "Oh, sir? You changed that bit of code? Sorry, can't help ya..." Let's face it, it's hard enough to support an application and all it's versions - it's hard to support it when someone can make a simple change. Add a public code repository to it, and man it just gets worse. Once the code is touched, there's no support anymore. (But, of course, if you know enough to mess with it, is it a downside? *SHRUG*)

    Licensing would become an even deeper nightmare. If companies are putting horribly restricting EULA's on compiled products, imagine what they are going to want to do with the source? Sure, he talks about how to protect it with copyrights and excluding certain modules (more on that in a moment), but, companies aren't happy with copyright now, how will that improve with source code involved?

    And of course, there's this interesting idea that you could just exclude some modules. Well, that does a couple of interesting things. 1, it defeats part of the purpose (but not all of it.) So there's still parts of the code that's buggy and unreleased. Whoo... what exactly did we fix there? 2, it would be an absolute Haven or Hell for Open Source developers. Companies would fall very quickly prey to people who simply replaced that core module, and suddenly have a working application - no need for the original developer anymore, just release a new open source core for the program. Open Source developers are going through a lot of effort to copy the current functionality of an application - if there was an even shorter route to gettin' the job done, someone would end up doin' it. Of course, given the paranoia level of some companies, Open Source developers could end up having to deal with ELUA's that prevent you from having looked at another company's source tree and writing your own. MS is already attempting this with a couple o' items. Why would the situation improve?

    While it's an interesting set of thoughts, to me it comes down to a combination of personal choice, and company motivation. If you want the source code to an application, then choose your application wisely - use Open Office over MS Office. Linux over Windows. Etc. Almost anything out there has an Open Source equivalant (almost, not quite.) Use it.

    As for companies - it's up to them to decide what resources become available to the end user, and under what license. If I can get one more feature out of Mozilla (contact synching with Windows CE... er.... PalmPC machines, not just PalmOS machines) I'll begin moving everyone in our offices to it - the combination of MS's licensing and features -vs- Mozilla's Licensing and features will make it a logical choice. Companies are now starting to have to take that sort of thing into account already - I'm not the only commercial developer out there deciding how much of my application (games, in particular) source I'm going to be providing to the end user. If Collaborative Source, Shared Source, Open Source, or model of choice where the user gets the source code, is truely of importance to end users, we'll see it happen. And the companies that didn't follow that path will have a hard time - adapt or die.

    I personally choose to have applications that have the source available, as long as everything involved fits my needs. And, not including the "Everything should be free" crowd, I think that' show most users will have to make thier choice anyway.

    --

    Davis Ray Sickmon, Jr - looking for something to read? Check out my three free novels at MidnightRyder.org

  84. Attacking the Problem from the wrong direction... by trims · · Score: 5, Interesting

    The original article (and the subsequent followup) attempt to solve a problem using a desired tool, rather than looking for the right tool for the job. A lot like the old saying "If all you have is a hammer, everything starts to look like a nail."

    The base problem that I think he's trying to solve here is that software quality is abysmal. That is, all commercial (and most free/open) software is riddled with bugs, many of which are well-known at ship time, but haven't been fixed.

    Making source code available (whether as Open Source, Free Software, or a eyes-only copy-restricted) is orthagonal to this problem. yes, maybe, it could help. But that's incidental to the Free/Open software movement. And (as many people have pointed out), there are many problems with providing source with all programs, most of which are massive barriers to any help with quality of the software.

    The fundamental flaw here is that commercial software's quality is the producer's responsibility, not the target audience's. In Free/Open software, the developers and audience have significant overlap, so it can be truly said that the audience can help quality. This is patently untrue for closed-source programs: the development community is very tightly controlled, and the user community has no real method of influencing quality (other than by not buying the product), even if provided with the source code.

    So, this leaves us with the case of how to make the developer's produce better quality software. Fundamentally, we do this the EXACT SAME WAY all other industries insure minimal quality control: LEGISLATE IT. There are oft-quoted sayings about "if the car companies built cars like software companies build software..." and others to that effect. They all point a massive discrepency in the legal status of software: it doesn't play by any of the traditional product-liability and quality-control laws that every other product industry abides by. Yes, that will change the nature of the software industry: that's the point. And NO, it will not harm Free/Open software (as gifts - i.e. giving away something - are not coverd bty under the various product-liability laws)

    You really want to fix the software quality problem? Require that software companies have a warranty of fitness. Require them to refund money for defective products (opened or not). Make them liable for damage caused by known defects. In short, treat them like anybody else. Software isn't special. It's time the software industry grew up.

    See my previous post on why the software industry should quite being treated like a spoiled teenager.

    The problem is real. The solution provided by the article is wrong. I'm right.

    :-)

    -Erik

    --
    There are always four sides to every story: your side, their side, the truth, and what really happened.
  85. Just like books by Anonymous Coward · · Score: 0

    All other types of copyrighted works inherently include their "source code." By that I mean they come in a form suitable for studying and for creating derivative works when the copyright expires. Books are like this. I can study the author's design simply by reading it. Yet this hasn't led to some unmanageable problem of "book piracy."

    Frankly, I've always thought it a scam that software companies get copyright protection without at least providing a copy of the source to be held in escrow by the Copyright Office. They're basically getting something for nothing, since whatever passes into the public domain a century from now will not be in any way useful for creating future works.

  86. Flash 6 scary by Anonymous Coward · · Score: 0

    I just saw in my new Flash 6 beta plugin for Mozilla that the player has support for microphones and webcams, and allows flash movies to access these. It made me JUMP BACK in my chair! If these movies can access my cam or my microphone, this CAN be misused terribly!

    If we had the code, we could inspect it for ourselves, but right now, people will just have to "trust" that no harm will come to us from using this software.

    Shrug! I have come to hate using closed source software. For sw companies these days it seems that the temptation to access the millions of surfers' computers is too strong! Look at Windows!

  87. They steal source code ... by Anonymous Coward · · Score: 0

    Right now MANY commercial apps literally STEAL source code from the open source community. Having the source code open to everyone will shed light on those hidden behaviours ...

  88. Everyones a damn IT expert nowadays by stratjakt · · Score: 1

    But there are still relatively few actual programmers.

    Yeah, I'm sure every IT consultant in the biz sees no problem with releasing the code to everything, but of course they didn't put any of the work into it in the first place.

    This isn't like a novel, it isnt like a painting, it isnt like a music CD, so screw with those damn analogies.

    This is like requiring every manufacturer of goods to allow any customer to tour the plant and interview any employee at will.

    He's saying "Trade secrets be damned, unless I can walk through the R&D wing at Sony, I'll never know how much 'quality' is in my walkman."

    Code is a means to an end. It isn't the product, it's the factory and methods you use to manufacture the product. You cant guage the quality, or lack thereof, of a final product based on the sourcecode. You base it on the product itself.

    Luckily, noone would ever take this seriously.

    --
    I don't need no instructions to know how to rock!!!!
  89. No... by Midnight+Ryder · · Score: 2

    The source is part of the product.


    Hm. I think you missed part of how the market works. The Product is definied by what they throw in. It's thier choice - if they throw in the source code, it's part of the product. If they don't throw in the source code, it's not part of the product. The end user does not determine the extent or limitations of a product, the producer of the product determines those things.


    Now, the issue of if it SHOULD be part of the product - that's a different story. Putting it into the analogy of real-world products - What you want in this case is a set of blueprints, architectural drawings, etc. that went into producing the product. (Ok, VERY loose analogy - maybe what you want is the CNC code that went into running the machines that made the molds, and the automation code that went behind creating the product.)

    --

    Davis Ray Sickmon, Jr - looking for something to read? Check out my three free novels at MidnightRyder.org

    1. Re:No... by Anonymous Coward · · Score: 0

      actually the next time i buy a car i will demand they throw a gas station in as part of the deal. after all, the product is worthless unless it's included.

  90. On the flip side... by blackwizard · · Score: 2
    If everyone saw software vendors' design and coding, the vendors might stop shipping us such lousy programs.

    An interesting idea, but:

    • Software vendors need to be on time, on budget. Software contracts are often sold to the lowest bidder. With cramped schedules and tight budgets, some design shortcuts, kludges, and hacks are bound to make it into the final product. Good software costs a lot more money, and takes more time.
    • Not everyone is a software engineer, and could tell you just by browsing the source code how well a program was designed. In fact, I think it would take an experienced software engineer, (and a lot of analysis effort) to figure this out. (Unless it's quite obvious -- admittedly, sometimes, it's quite obvious.)

    That said, I agree that it would be great if more vendors shipped the source with your product. However, people just want software that works. They don't want to have to hire someone to fix the bugs in the software they bought that was supposed to 'just work' in the first place. Where it would be more useful to have the source is if you've got a system that has been around for a very long time, and it needs to be extended in some way -- especially if the original people who designed the system are not around any more. Anyway, I just wanted to point out the big 'might' in your statement.

  91. Thousands of eyes (was Re:Won't benefit the users) by binaryDigit · · Score: 2

    The linux kernel, for example is a HUGE program. Much larger than many (most?) commercial products. It is constantly modified and dissected by thousands of interested users

    OK, I hear this over and over, so I ask you, the average /. reader, how many of you have ever taken a look at the kernel source? How many have actually tried to understand any piece of the source (vs a casual browse)? Like the person said, there is a lot there, how much coverage does the "kernel" really get. Somehow I think that the "thousands of eyes" effect is quite overstated when it comes to OS, but I would be curious to see a show of hands and opinions.

  92. Reverse engineering by mangu · · Score: 2
    If you have the source code, you aren't doing reverse engineering, you are doing derivative work.


    What must be realized is that, with a decent debugger/decompiler, it's possible to reverse engineer executable applications without the source code. It has been done for ms-windows, by Andrew Schulman et.al. some ten years ago, when they published a series of books on windows and ms-dos internals.


    It can be done for hardware too, there are methods for dissolving chips layer by layer to photograph the lay-out, from which a schematic diagram can be recovered. It may be even simpler, if off-the-shelf chips have been used. I was once given a circuit board from which the manufacturer had scraped the chip part numbers. After removing the chips and reading the printed circuit connections with a multimeter, I put each chip in a test jig. Without much effort, I found they were all 4000 series CMOS chips and easily found the part number for each. It took me less than a half day to reach the exact circuit schematic, which wasn't very orignal, nothing that a patent could be applied for.

  93. He missed the most valid point by geekoid · · Score: 3, Interesting

    He forgot:
    "I don't want to show the source because we make a ton of money from crappy code and the maitaince fees we get for fixing our bugs."
    You laugh, but I've heard statment very similiar.

    Of course if people would stop paying companies to fix broken code.

    We just bought some code, it had some bugs, the company wanted 200.00 an hour to fix bugs in there code. Outrages.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:He missed the most valid point by Anonymous Coward · · Score: 0

      Use 'their' properly instead of 'there'. And it is spelled 'outrageous'. YOU STUPID GUY.

  94. Intellectual Property by argmanah · · Score: 3, Insightful

    I find the article somewhat lacking. The points from the other side which he addresses are ones which the open source movement has addressed from day 1.

    Anyone who understands the open source movement already knows that peer review is superior to any internal QA process. Despite what the FUD claims, there is little question that the quality of open source software has been higher than that of closed sources software. I think the fact other people might see their software as "lousy" only accounts for a very small % of the reason why most software companies are not open source.

    Intellectual property is a much bigger issue, one which the article's author failed to address properly. Right now, I may have no clue what the best way to design a piece of software to do some particular task. If some other vendor has already designed that piece of software and released the source, I might not understand the details of what exactly is going on, but it would not be too hard to get a high level understanding of how the software works.

    From there, creating the better mousetrap becomes a much easier task. The design of the software is often as time consuming or more time consuming than the implementation.

    Sure, if I used their work in the creation of mine, I have created a derivative work. However, copyright law is a very grey area. If I kept my work closed source, how could anyone prove that I didn't steal my design from their product? They could sue me, but it would be at great cost to them, and if enough of the implementation was changed, they may not even win.

    Managing any company successfully is not a trivial task. Executive board meetings are not filled with people who want to create poor software and hide that fact from the consumer. However, when someone presents a concept that could a) help competitors get into their market and b) result in a huge loss in revenue (directly and indirectly), what do you expect them to do? If you were a developer at that company, what would you want?

    Regardless of how good you are, there's always going to be someone better out there. Most companies are realistic and realize this. Why give them an edge on your company's business? Do you really want to be out on the street that bad?

    --
    Overrated Moderation: This posts sucks... because.
  95. It used to be that way... by m11533 · · Score: 4, Insightful

    Long ago in a galaxy far far away... ... it used to be that ALL software was distributed in source code form, and then built by the customer prior to installing and putting it into production. The industry would have left things that way were it not for the fact that we were increasingly running into a number of big problems not solvable in that model:

    - Customers didn't follow directions, so they always were screwing up the build and/or install. These were very simple tasks back then, much simpler than they are today. And in theory customers were far more educated since they were the very few who could afford those multi-million dollar machines and the huge costs of the rooms and facilities they required. Somehow, though, they still were able to find ways to screw things up, and support organizations spent much of their time walking
    customers through these processes.

    This would be worse today given many software users have no clue how to program.

    - Support was a total nightmare as you never knew what source code customers were using.This was because customers would choose which patches to apply, and would add their own, leaving each customer with a totally unique piece of software. When something went wrong in it, it was impossible to know what the code was supposed to be doing, and what it was doing wrong.

    While this might not be quite as bad today, since we no longer must rely on "core dumps" to diagnose bugs, there still is the basic problem of being asked to diagnose problems when you really don't know WHAT source code that customer might be using.

    - the intellectual property problem... there were plenty of lawyers back then, but there really is a big problem with investing lots of money to build something, a unique set of code, and then making it easy for people to lift it. A variety of methods to secure it while still distributing it to all customers were attempted as there was tremendous cost associated with changing from a source distribution technique to a binary distribution technique, but none ever worked. If anything, today there is far more sophistication on the cracking side, so it seems even more doubtful that it is possible to secure code from mis-use when its considered IP. And there ARE valid arguments against giving away all code.

    SO...

    There were good reasons the computer industry turned away from distributing their software in the form of source code. I don't think they have been addressed, and thus I am unconvinced the equation has changed.

  96. I like your wording... by Anonymous Coward · · Score: 0
    Nobody's saying the public would be forced to get the source, the author's only saying that the companies would be required to make the source code available to people who bought the software.
    Either thats one of those subconscious mental thingies or a politician's blatant greasiness of speech. Companies would in the same words as the first be FORCED. More importantly small developers whom do not have that MS type of "rainy day" funds would not be able to afford any loss of revenue from this method. So once again the big behemoth companies would gain not by being better through free market competition but through squashing others who dare to challenge them. And once again we have a situation to where this long beautiful road has its scenic flowers and blooming trees blocking the signs that say, "Hell: 120 km" so that we all can blissfully sing along in the car.
  97. You don't need source for that by scotsalmon · · Score: 1

    Such services could be (already are) provided even without source code. I don't need the code to tell you that Windows Me is a buggy piece of junk, or that Blizzard games are usually pretty reliable. What layman-comprehensible detail are you going to pass along to customers that you can't tell without the source code? That you didn't find any buffer overruns? Even if you could make the average American understand what that meant, you'd be screwed the first time your team overlooked one...which WOULD happen.

    Don't get me wrong, I'd love to see the source code for every piece of software I use. But for most products, the benefit to a company's competitors far outweighs the benefit to the average consumer.

    --
    101010, 222, 52, ...
    1. Re:You don't need source for that by Anonymous Coward · · Score: 0

      Only if you don't/can't vet your software or design your architecture well. :P

  98. I supply source code... by dskoll · · Score: 1
    I sell a commercial piece of software called CanIt, and I supply the source code to purchasers for the following reasons:
    • A lot of the system is written in Perl and PHP, and it's impractical to obscure the source code.
    • It gives me a competitive advantage over people who don't supply source code, because CanIt is something people might want to customize.

    Of course, the license agreement limits what you can do with the source (basically, do what you want except distribute it, but don't expect support if you change it.) I would sue the pants off someone who violated the license agreement.

  99. sort of a rant by 3ryon · · Score: 2

    It seems to me that the actual code behind a program isn't all that important. Sure, you might come up with a beautiful algorithm, but for most problems that a programmer deals with the most efficient algorithms have already been discovered...and published.

    What's impressive to me is that someone saw a need and designed a program to solve the need. If anything should be patentable, it's the general solution. For example, the chair I design might be patentable, but the way I put the bolts and the nuts together is well understood.

    No to take anything away from the programmers. It's not that putting everything together is easy. But, even if you write an elegant solution to a problem there are 500 other programmers who might very well have solved the problem in the same way you did.

    IMHO the real challenge is finding the need.

  100. and then they couldn't sell it by jshuma · · Score: 1

    If companies have to release the source code, that means that any copy protection code could be removed, and the resulting software could be pirated without any hope of it ever being stopped. Thus, commercial software could no longer exist. At this point, a major sector of the economy would grind to a halt. Some companies would then no longer be willing to spend money on development, so innovation itself would also be in bad shape. And this is supposed to be a good thing?

  101. We can't tell you for security reasons by Anonymous Coward · · Score: 0

    And they'd be right.

    Honestly, when are we going to stop being so collectively naive? Does anyone really think MS is suddenly going to become all nicey-nicey if they only would open up their source code?

    In fact, who fucking cares about MS and their source code? Not me. Not most of the people I know. Not most Linux users, even -- hell, most of THEM don't care about Linux source code, either, because they can't use it.

  102. I don't happen to agree. . . by kfg · · Score: 2

    at least in the whole, with the author's premise, although I do believe the background philosophy to be sound. There are certainly cases where it is not to the advantage of the code *producer* to open their code.

    However, those that claim the availability of code is worthless to 99% of the users are missing a key point. It isn't important, per se, that certain code is available to *me.* It is of great importance, however, in certain cases, that source *be* available to all comers.

    I've never hacked a kernel and have given the code nothing more than a cursory glance out of pure curiosity. However, I *personally* benifit from the code being openly available nonetheless.

    The same goes for emacs and vi. I use both. I've never so much as glanced at the code for either, even out of curiostiy, but I *personally* benifit from all the people who *have* looked at the code and contributed. I benfit from the features they add, from the bugs they squash and the support they provide.

    What's more it *is* a benifit just to know that if the projects are ever abandoned I *can* get the code myself and learn my way about it.

    You may not fix your own car, may in fact be mechanically "all thumbs," and yet *you* derive great benifit from the fact the Chilton publishes freely available workshop manuals.

    Open Source is just such a workshop manual and its availability always benifits the greater populace of users.

    The code producer is another story.

    KFG

  103. The money's not in closed source either... by EvilTwinSkippy · · Score: 2
    Judging by the dessicated remains of the software industry, I would like to pose the question back: Where is the money? The money is in licenses, exclusive arrangements, and monopolistic tendencies. I am a big fan of Fractal Poser. Only, Fractal was bought out by Metacreations, who spun the product off to ... who is it this week ... Curious Labs. Look at the canibalization of the game industry.

    Hell Evian sells water in bottles. We all know the flipping chemical formula. Hell, it comes out of the taps in most of the industrialized world. What they are actually selling is the packaging.

    THAT is where the money is.

    --
    "Learning is not compulsory... neither is survival."
    --Dr.W.Edwards Deming
    1. Re:The money's not in closed source either... by Flamesplash · · Score: 2

      The money is in licenses, exclusive arrangements, and monopolistic tendencies.

      The money is from licensing, the other two are ways of making people buy your licenses. And what is wrong with licensing per sey? If you like the product and want updates you pay the maintenance fee, if you don't you move on. Hopefully you are smart enough to only license a product after doing an evaluation of it. I know of very few companies that don't offer and eval version of their product.

      Whether it's licensing fees or begging for donations, the people that write the software want people to pay them. One group gaurantees the money, the other doesn't. Are you a risky business person or do you like hard numbers to report at the end of the year?

      I don't think OSS is bad. I like it, I just don't really think there is hard money in it. And this is mainly due to the end users. Why would you pay for something you don't have to? I'm sure we all have something better to do with the money an OSS dev wants us to donate.

      What they are actually selling is the packaging.

      Actually Evian is selling the mentality that the person is drinking safer water. Though this claim is largely different for everyone. Some people have very good tap water, others do not. Likewise some bottle water sources are good and others are not. It's mainly piece of mind for some people, which is objectively important.

      --
      "Not knowing when the dawn will come, I open every door." - Emily Dickinson
    2. Re:The money's not in closed source either... by Anonymous Coward · · Score: 0

      Okay, I couldn't let the Metacreations comment slide. Metacreations went tits up because of the hijinks of their "professional management team." mherf sums it up nicely here: http://www.stereopsis.com/metademise.html

      Basically, when Metatools quit focusing on making great tools, and retooled itself as a "creative web company", things went very bad very quickly. Metastream and those crappy 3d studio non-replacements certainly didn't help them any. The core Metatools product line seemed to do really well. You could hardly walk into a software store anywhere without seeing people buying Bryce, some KPT variant, or later on, Painter and Poser. But, like a lot of other people, they bet on the web and lost big. Maybe if they'd stuck to just making cool stuff they'd still be around.

  104. Where's DRM when we need it? by LostCluster · · Score: 2

    As much as I hate DRM as a user-limiting technology, when it comes to programming code, you at least need something.

    If your source was Open-yet-Copyrighted, the law of the land is on your side to protect you, but the laws of physics are not.

    What if somebody was to take the critical for loop from your program, change the variable names, and then release it as their own. That's a definite copyright violation if you can prove that it happened that way, but if the other guy's claiming otherwise, it's gonna be one hell of a lawsuit.

    1. Re:Where's DRM when we need it? by WetCat · · Score: 1

      The idea of copyright must die.
      Information should be free.

  105. Enough About All this Open vs. Closed Source! by Real+World+Stuff · · Score: 1

    More LEGOS, How-to's, and Science! And hot chicks, please more hot chicks.

    --
    If we don't fight for ourselves no one will.
  106. Sounds good to me. by techwolf · · Score: 1

    I'd like to be able to fix a programmer's bug without having to wait for them to do it. My pet peeves don't always rank up there with a software departments priority list. Then there's always the case of wading your way through some support rep on the phone and explaining to all-too-many people how do duplicate your headache.

    -techwolf

    --
    I don't do this for karma, I do it for cash. It's much better.
  107. Why?! by Vinnie_333 · · Score: 2, Insightful
    So, you want them to ship MILLIONS of lines of code so you can glance over it and say, "Oh, right here. I would have done that with a nested while loop," thereby making your assertation that the program is a lousy piece of crap regardless of how it works!

    Maybe the performance of the software might have something to do with how you rate it. I'm not against making software open source, but I can't honestly say that I've heard any argument for it that made any sense. Do you also want a complete parts lists and break down of the engine theory for your car?

    I assure you that NO ONE has seen ALL the source code for Excel or Word (or any other of the "too big for our own good" line of MS products).

    --

    "We shall party like the Greeks of old! You know the ones I mean." - HedonismBot
    1. Re:Why?! by m11533 · · Score: 1

      Let's also remember what should be obvious:

      Not all customers know how to program.

      In fact, most do not.

      Therefore, all shipping source code to the majority of non-programming customers will do only one thing, totally confuse them.

  108. I think this is foolish by iamdrscience · · Score: 3, Insightful

    Freedom is a sloping mountain and everybody wants to get to the summit, forcing all software to be open would be climbing up over the top and then starting down the other side. Nobody should have their creations FORCED away from them, it's THEIR creation, so THEY should get to deside how to distribute it to people. Ideally all people/companies would open their software, but that doesn't mean that they shouldn't have the right to refuse to open it.

    Richard Stallman has talked about how all software should be open and that's always been where I start to disagree with him. Again, I agree that it would be beneficial to the world if all software were open, but I still think that people should be given the right to choose whether or not they want release it as "open".

    Oh well, it's not something I really need to take a whole lot of time thinking about and defending against because it's really an unpassable law (and pretty unenforcable too). Just think about it, it'd be about as unenforcable as anti-piracy laws ;-)

  109. Bollocks by mce · · Score: 1
    In any large software system, the truly unique code probably accounts for about 1% of the source.

    Excuse me??? Was that measured with a stick that says "0, 1, 2, many"? It has to be, because there is no way that this statement can be true of real code. What's more, if there is a piece of code where all the key stuff makes just up 1% of the total and can be cut out that easily, it is a badly designed piece of bloatware! It's the 99% that should be ripped out, for $deity's sake!

    Besides, a good overall design most often is part of the uniqueness and value of really good programs. Never mind that one key algorithm that could be removed by replacing it with a stub, it's often the overall structure that really is worth something to a competitor.

    This guy needs to get a life. No, wait... he probably has a life and that is exactly what his problem is. He needs to do some real design and coding for a while. I'm not sure I would hire him for such a job, though, because judging by his "key algorithm" statement he never got past functional decomposition in his "programming 101" course in kindergarten.

  110. This is NOT open source by no_choice · · Score: 1

    From the article:
    > Note that I am not advocating open source
    > licensing for commercial software.

    Why not? Since the basis for your advocacy of including source code is your desire to improve software development overall, why not go all the way and also allow the consumer to improve that source code and share their improvements with others? This is what would solve the "reinventing the wheel" problem.

    The right to freely modify and redistribute are at least as importatant as the right to view source code. It seems to me that you are advocating something like Microsoft's so called "shared source" licencing.In some ways, this form of licencing is even more restrictive than closed source code. If the software consumer is tied up by patents, non-disclosure agreements, etc., all the "shared source" does is create the risks ... if you develope and release software yourself, the owner of the "shared source" could claim you "stole" their code or even their algorithim... even completely meritless charges could tie you up in court.

    Another question: why are you using the term "open source" for your anything-but-open-source proposal? Why not call it "revealed but restricted source?"

    Certain very large proprietary software organizations would love to see the meaning of the term "open source" muddied. We should be very clear in our use of terms to prevent this.

    1. Re:This is NOT open source by Anonymous Coward · · Score: 0

      That is why you don't see a Linux open source version of visual studio dot net.

  111. The article is confusing and appears contradictory by Nailer · · Score: 2

    Saying "All source should be Open" implies he means Open Source. He doesn't - he just means the source code should be available. See later in the original article when he tells readers to "Note that I am not advocating open source licensing for commercial software. ".

  112. Try telling Alan Cox that by scotsalmon · · Score: 1

    "You don't support user-modified code, you support what you shipped."

    Yeah, right.

    Customers will make "fixes" or "enhancements" and then call you when it doesn't work, and swear up and down that they are using it straight out of the box (because in their mind they are -- it's pretty much straight out of the box except for this one little tiny change unrelated to this issue they're calling about...they think).

    If you don't think so, check out the Linux kernel discussion explaining the origin of the "tainted" flag. Alan Cox will be happy to learn ya.

    --
    101010, 222, 52, ...
    1. Re:Try telling Alan Cox that by Anonymous Coward · · Score: 0

      The tainted-flag has nothing to do with modifications. I can modify the kernel all that I want, and that flag will never be set. But if I load a Nvidia or other closed source module, it will be set. Because closed software is almost impossible to support.

  113. I think people misunderstand... by connsmythe96 · · Score: 1

    People seem to be responding with arguments like "what? give source code to everyone? that's crazy!" That's not what I got reading this article. From what I understand, the author is talking about when a big company pays you to develop software for THEM to use, then that big company should get the source code. For instance, I program for a small software company. But we make programs for large engineering companies. Those companies, in turn, either use our software internally, or license it out to other companies. It's their software once we release it. They own all rights to it. So why shouldn't they get source code? It's not like they'd need to distribute that code to all users of the software. But I think they should have the right to inspect that code to make sure we're selling them a decent product.

    --
    if(!cool) exit(-1);
    1. Re:I think people misunderstand... by Wavicle · · Score: 2

      I think the fourth sentence in the article was:

      In other words, part of the delivery package for any software purchase should be a copy of the source files.

      I don't think he was limiting it to work done for hire. I think it was open to any software purchase.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
  114. -1, Troll by bmckeever · · Score: 1
    How do these articles get on the front page?

    --
    Your favorite .sig sucks
  115. Re:Attacking the Problem from the wrong direction. by Anonymous Coward · · Score: 0

    Yes, that will change the nature of the software industry: that's the point.

    Yeah, it will KILL the industry. Not just microsoft, but everyone.

    And NO, it will not harm Free/Open software (as gifts - i.e. giving away something - are not coverd bty under the various product-liability laws)

    Oh great. So I can't charge for Free software? You're just perpetuating the idea that free software is "given away", instead of simply being licensed by the copyright holder a certain way. Wouldn't Microsoft and the others just start giving away their binaries and charging for activation keys or something?

    Require that software companies have a warranty of fitness.

    Impossible! Under what conditions? On what hardware? With what other software installed? I can't even fathom this .. what if Windows crashes because of some buggy 3rd-party software? Who's responsible?

    Require them to refund money for defective products (opened or not).

    But what makes a software program (which is just some information on a disk) defective? Do I get a check when it crashes? Won't vendors simply claim "this software wasn't designed to do anything in particular" and avoid liability?

    Maybe this would work, if a 3rd-party had the responsibility of taking the software product, installing it on a "clean" OS per the manufacturer's instructions, and then seeing if the bug manifests itself. Otherwise, we will simply encourage "single-vendor" lock-in as the software will simply refuse to run if the OS and environment isn't 100% perfect. Do I get a refund for that too?

    Really, I wish liability for software would work, but I don't think it will. I think it will screw up the software industry (by that I mean the entire business of writing software for other people and getting paid for it, including Microsoft and the FSF and consultants and anybody else).

  116. Practical Problem by ispel · · Score: 1

    The source-code for most software is *huge*. In Redhat 8, the included (compressed) source-code takes 3 cds, more than double the size of the binaries. Considering Redhat is composed of mostly non-redundant code that's designed for redistribution, its source is probably much smaller that of most proprietary software, where programmers regularly copy, paste and modify modules for their needs and not care that they have to redistribute 15 versions of the same module for compatibility. I read an article about the build for Microsoft Windows, which indicated the complete source code weighed in at 50 gigs. I expect that the Windows source is an extream example of how bloated and redundant messy code can get, however, I'd imagine that the source for many complex pieces of proprietary software would span multiple CDs. The extra CDs would make packaging more complex and expensive and could confuse users. CDs aren't expensive, but I believe that the Redhat packaging (for example) would a lot nicer if (purely form a its-annoying-to-deal-with-that-many-cds perspective) it were 1 CD instead of 5.

    Personally, I like having the source code, and I'm willing to deal with 5 Redhat CDs (I did need to copy them to my hard drive to use them sanely). However, its not very practical for use for many (most?) users and many (most?) software makers to package and distribute their source code with their product *even if they wanted to*.

  117. The client is in the hands of the enemy by Anonymous Coward · · Score: 1, Insightful

    Very true, but it goes beyond that.

    The author writes that if companies opened their source, we'd stop getting crappy programs... Well, vote with your dollar just like you do for EVERY OTHER product out there! Don't like it? Don't buy it. If there's an OSS solution out there, use it if you prefer. If you buy it you're saying that you're willing to overlook the bugs because there's something of value in the product for you.

    Well-designed software isolates important functions into small, non-redundant subroutines. Those routines simply can be replaced with empty stubs prior to including the source code in the purchase package.

    While I agree that well designed software SHOULD allow you to do this, not all software is well designed and it's a company's right to have crappily written software. The author seems to think that the good software police have some right to chastise these companies. Well, ya don't. Get over it.

    Furthurmore, the author makes the assumption that these removed subroutines can't be substituted by something else. If open source authors can deliver a functional, quality OS, they can figure out a couple subroutines and replace them. Tah-Dah! The company instantly loses their revinue because some hackers took their slightly incomplete source and finished it. Same goes for the constants. People can figure them out, and more importantly: People WILL figure them out.

    There's an addage in the gaming industry: "The client is in the hands of the enemy" They WILL hack the client and try to cheat.

    Fundamentally the author doesn't understand that the thing that makes software really cool is that there are no replication costs. Once it's written it can be duplicated infinitely for free. Other products like bridges, houses, and cars aren't like that. Even if I knew how a bridge was build, even if they gave me the schematics they used to build it... It would do me no good because I would have to hire a construction company and spend huge loads of cash to get my own bridge built. You could argue that another company could afford to do that, but it would be quite obvious that the second bridge was built using the first's design, and a lawsuit would follow. Although houses, cars, and bridges can be inspected by individuals, they cannot be replicated by individuals. That's where software is different and cool... And must play by a different set of rules.

    1. Re:The client is in the hands of the enemy by jorleif · · Score: 1

      While I agree that well designed software SHOULD allow you to do this, not all software is well designed and it's a company's right to have crappily written software. The author seems to think that the good software police have some right to chastise these companies. Well, ya don't. Get over it.

      The point he was trying to make was that it is hard to release badly designed software with source since it would be difficult to remove the unique (or protectable) parts when the program is badly factored.


      Furthurmore, the author makes the assumption that these removed subroutines can't be substituted by something else. If open source authors can deliver a functional, quality OS, they can figure out a couple subroutines and replace them.


      Well, yes of course you can replace these routines, but the point was that the original source code which was removed contained some clever algorithm that needed to be protected. So if someone replaces these routines with well known algorithms that achieve the same thing, the resulting program will probably be slower and use more memory.

      Could you explain to me why it would be so terrible if hackers would fill in the missing part? What would they do with the resulting program? Sell it? Remember the author advocates all source being open for inspection, so selling is impossible since the original company would accuse them for plagiarism. Copy it? Why then not just copy the binaries?

      I think there is a much more serious flaw in the author's reasoning: If you can remove a part of the source for protection, why not hide most of the program? Tah-Dah! We have closed source software, but released with source so no one can complain. Possibly some people will even assume that the whole missing part is very very clever and that the people producing it are geniouses.

      The point you raise about online games however is very valid, but I think that is a special case and that the ethics of open vs closed source should not be evaluated only based on it. One could probably solve it technically somehow (for instance use some kind of cryptographic verification of the running client binary, not sure how this would work but I don't believe it's impossible)

  118. Re:Attacking the Problem from the wrong direction. by Bytenik · · Score: 1

    Well said. I couldn't agree more.

    It amazes me that so many authors, such as Mr. Connell, who are self-proclaimed "experts", expect their technology-savvy readers to just accept whatever ideas they spew out without question.

    --

    "Scientists prove we were never here."
    -- Devo

  119. Re:Attacking the Problem from the wrong direction. by NineNine · · Score: 3, Insightful

    You're exactly right. When I buy a piece of software, it should work, period. I shouldn't have to look at source code at all, just like I don't have to ask Honda who makes their starters, and in turn as the starter manufacturer who they buy their windings from, and check out the winding manufacturers, and check the quality of the copper. That's bullshit. Software should be warrantied, and if it doesn't work as sold, it's fraud. Period. Software license agreements that say "we don't warranty this product" need to be challeneged in court because they are simply illegal. Just like those truck on the highway that say "we aren't responsible for damaged windshields". That's bullshit. They're carrying gravel, it's uncovered, gravel flies out and hits your car, they're liable, regardless of what the back of the truck says.

    We need to see some civil cases in which software companies are challeneged based on nonperformance of their products. It's not my responsibility to check the source code. My responsibility ends when I pay someone for the product. Period. I don't want to see the source code. I want the product to work.

  120. Re:The article is confusing and appears contradict by Anonymous Coward · · Score: 0

    i think that cconnell just REALLY wanted a /. post. the article is poorly written and is contradictory in my opinion. its like the people who build computers out of lunchboxes, they just wanted to be recognized by the geek community.

  121. Secrecy isn't the key reason for lousy software by ggruschow · · Score: 1
    I'm not saying that source code shouldn't be included, but I'm not buying his argument. The entire thing seems to hinge on the following claim and false solution from the first article:

    This secrecy is the key reason we have such lousy software. Software designers, programmers, and managers get away with bad code because no one outside their small workgroup ever sees it. [...] The solution is to release all software with a copy of its source code. This is currently the practice with nearly every other engineering discipline, because their designs are open for visual inspection and physical testing.

    I disagree with every one of those claims.

    You can view the design and algorithm of any program on my computer as much as I can view the design and mechanisms in a car, the hardware itself, or his favorite, a bridge. In none of those cases do you necessarily get to view the original designs, style, part names, or comments made while developing the product. Sure, you can look at the final product and pick it apart to see how it works, but that holds just as true for software as well.

    I'm much more able to take apart and evaluate a software product's binaries than I am a suspension bridge, if for no other reason than I can clone, tear apart, and test software in a fully controlled environment more easily. I'd bet I can even evaluate software with a similar ratio of my evaluation time to original design time as a bridge engineer would evaluate a bridge.

    He goes on to say purchasers can't view things like the comments, variable names, style, design, and algorithms of the source code. He asserts that he can determine the quality of a design based in part on these. Again, I totally disagree.

    Things that are compiled out have no direct effect on the quality of the end-product. I've seen numerous high quality programs, meaning they do what they're supposed to, with awful commenting, horrible naming, and almost unforgivable formatting. Of course, I'd scold programmers for all of these things, but to the end-user, they matter as much as what the average mental stability of the company's developers. I don't see anyone suggesting that Microsoft should disclose all their employee's psychological profiles (nor should they!)

    Companies and their developers won't necessarily produce better programs if they have to release their source. The developers I've known that produce truly sloppy and buggy code aren't embarassed, nor are their managers. They're working on things just hard enough for them to work some of the time. I've routinely seen people's code publicly critized, and they continue producing crap.

    As to the company themselves, I absolutely don't believe companies would be embarassed into improving their systems if the source was available. Not to pick on Microsoft, but everyone knows their situation so I'll use them as an example. Most people who would consider purchasing non-Microsoft software know that Outlook and Internet Explorer have dozens of unpatched security holes. These are known design and source code flaws, so they're at least as embarassing as other flaws that may be exposed by releasing their source. However, they go for months without releasing fixes for them, and they continue to ship CDs with unpatched copies on them often for years afterwards.

  122. How do you know? by mindstrm · · Score: 2

    What are you comparing against? How do you know it hasn't slowed it, the source has never been available.

    It's fair and reasonable to assume that if everyone had the windows source, a great many more flaws would be found, quickly. It's a thousand times easier to find buffer overflows when you can analyze the source than it is without it.

    1. Re:How do you know? by Anonymous Coward · · Score: 0

      If it has slowed it down, then windows is even worse than I thought (and that is "Do not attach to any network" bad).

  123. Terrible Title For His Article by Bytenik · · Score: 1

    Considering he is not advocating Open Source, his choice of article title:

    "All Source Code Should Be Open"

    is most unfortunate, as it only serves to stir up constroversy where there is none.

    --

    "Scientists prove we were never here."
    -- Devo

  124. Why the book analogy fails by TeknoHog · · Score: 2
    The text of a novel is not directly comparable to the source code of a program. As an amateur writer I know there can be a lot of detailed planning ("blueprints") behind a story or an article. Those plans are not usually meant to be public. It is often desirable to leave some things undisclosed and let the readers draw their own conclusions.

    On the contrary, software should have no secrets, trapdoors or hidden features (excluding games). An operating system should not be like a conspiracy novel. Even if the source were not 100% open, the system should be fully documented. Of course the source is the best possible documentation you can have, in terms of not lying or hiding.

    --
    Escher was the first MC and Giger invented the HR department.
    1. Re:Why the book analogy fails by Anonymous Coward · · Score: 0

      True, but the final content of a book is still directly produced by the author. In the case of software, the author writes something, but then feeds it to an automated process that changes the content completely. The planning you refer to for books more closely corresponds to software's design documentation, not its source code and no one's asking for that to be made available.

      Fundamentally, copyright applies to works created by humans ("authors" in Article I, US Constitution), not machines. For software, the final output of the human effort is the source code, and that is what should be the basis for copyright.

  125. Why not? by russianspy · · Score: 4, Insightful

    I do not see why source cannot be an integral part of the product. Yes, I am a developer. Yes I do want to be paid.
    Let's look at the problems described in the article:

    1. Piracy.
    How is having the source making it easier to pirate things? People have been swapping microsoft binaries for ages. It is actually easier to just copy the installation disk (whether floppy or cd) than to recompile the program from sources.

    2.Copyright laws.
    Wouldn't it make it actually easier to check if people conform to copyright laws? If I release all of my source code and you are required (by the marketplace perhaps, not as a law) to do the same than it is quite easy to see if you copied some stuff of of me. How many people have wandered whether Microsoft has copied some code from GPL licensed programs (I doubt it personally). How many have the opportunity to CHECK if they have?

    3. National Security.
    I do not have a lot of confidence in a nation that bases its security on the ability to sweep them under the rug. The idea is to avoid having those problems in the first place! Maybe if this practice became accepted we would not have destroyers being run on windows.

    4. Safety-critical applications.
    Even if there is little to gain from having this code available to the users - not having it is worse. What are you trying to hide? If this is a safety-critical application then the answer should be "nothing, have a look".

    Nobody is asking to release the source code without compensation. It's just that the source becomes part of the application. IF most people will not use it - then fine. What are you worried about? Is your code really that bad that you could not write good code if forced to?

  126. It does happen. by mindstrm · · Score: 2

    It happens in cases where the source is part of the product.

    Giving away source is adding value to a product; you not only get the product itself, but the ability to completely modify it to your own needs however you want.

    Many companies WILL give you source, for a price, and a contract to protect them.

    Some products DO include source, where it makes sense.. my favorite example being Starbase's Codewright. Codewright is a wicked cool programming editor, it's not cheap, and you pay per-seat, but they provide full source by default, so you can extend the editor to meet the needs of your development environment.
    This makes sense, as the product is geared towards programmers themselves.

    My mom, however, does not need to pay for the added value in the Office source, were it available; it means nothing to her.

  127. no other product ships 'source' with it by hpulley · · Score: 2, Insightful

    Does your car come with blueprints and CAD design CDs? Does it even come with a parts list? No. Does your computer? Does your washing-machine? If they are really nice, your washing machine will have a little schematic in it for the repair guy to plug in his multi-tester and have a clue which overly expensive part to replace but you get nothing more.

    Just because we currently get LESS out of software, ie. a guarantee only that the media is readable not that it actually works, doesn't mean we should expect more out of it anywhere else.

    --
    $#!^ happens, but why does it always have to happen to me???
  128. This is what we do by Fluid+Truth · · Score: 1

    At my company, we write code. A lot of it. We also distribute the source code for our (relatively expensive) product. Almost none of our clients bother with the code. But, there are a couple of people at a couple of the clients who actually do understand and have looked at pieces of our code. Usually, it's because they want to make some sort of "add-on" that their in-house programmers wrote. We don't support their stuff, but because the source is available, they can write it in the first place.

    There are two things that keep us from getting screwed, as far as I can tell. 1) We have a relatively small client list, so we can keep track of most of the copies of the code. 2) Our contracts with these clients spell out exactly what they can and cannot do with the source.

    However, I don't know of anyone actually looking at our code to check it for correctness or security. They do that by extensive testing. They know that when they input A and B, C is supposed to come out. If it doesn't, our FAX machine starts working overtime.

    --
    Apparently, of the rich, by the rich, for the rich.
  129. What I think by verbatim · · Score: 2

    Typically you would use proprietary formats to lock your users in to your solution. That is, what good is a file if you are unable to open it?

    And while lock-in, tie-down, etc, is all well and good for business NOW, it is horrible for business in the future. What if the vendor goes out of business? What if the vendor no longer supports that app (and assume that you don't have a contract) - nothing short of a pre-signed service agreement could force the vendor to do anything about your obsolete files (although a good company would do it anyway to keep the client).

    Tie-ins also keep your competitors from competiting on features. That is, if you have invested thousands (or even millions) on a particular solution, you'll probably think twice about moving to another solution if that means you loose all of your data.

    I believe in giving clients access to source code for nothing simpler than letting them customize it to their absolute needs over time. Something like "here's the code, we're here if you need us (and it'll cost you) or you can do it yourself, have fun" - is much better than the closed way of "here's the program, if you need anything done we're here (and it'll cost you)."

    But you must respect the IP in business. It's not nice to expose your blueprints to potential competitors. So if giving your code to your clients is not an option, an escrow service would be much nicer ("if we ever go out of business, you'll get the code") than simply abandoning the code to the annels of reverse-engineering.

    Sorry for wasting your time, there was no point to this.

    --
    Price, Quality, Time. Pick none. What, you thought you had a choice?
  130. This is the stupidest idea i've heard on SlashDot by Anonymous Coward · · Score: 0

    Lets have ID and Epic release source code to their engines! Yeah!

  131. Theres a saying about this sort of thing by myowntrueself · · Score: 2

    something like
    "Be sure your sins are born in secret!"

    Meaning that you are FAR more likely to do *naughty* things, if you feel that your naughtyness is secret and won't be found out.

    Its an old saying and it damn sure applies to programmers!

    --
    In the free world the media isn't government run; the government is media run.
  132. heh by StandardDeviant · · Score: 2
    So you think that Microsoft should include the source code to Windows if you pay them 100 bucks?
    Then I might actually be inclined to pay for a copy, just for the hours of comedic value inherent in reading their source. (Hungarian notation, now that's just a barrel of monkeys wearing spandex [ the monkeys, not the barrel ].)
  133. Not enough demand. by procrustics · · Score: 1

    In a free market, if a critical mass customers demanded source code along with their software, software vendors would provide it in order to make the sale. The fact that it's not common practice indicates that there's just not that much demand for access to the source, at least when purchasing decisions are made.

  134. Commerical Software by Citizen+of+Earth · · Score: 2

    Commercial software sucks because there is very little direct profit to be had from refactoring your code base. In the general case, you're lucky if your company survives a major refactoring.

    More generally, commercial software sucks because users demand that it suck.

  135. Let's go back to square one by Waffle+Iron · · Score: 2
    Put your mind back in the 18th century when copyrights and patents were first instituted in this country. Back then, there was no such thing as software, and I believe that if there were, binary-only releases would have been specifically excluded from copyright protection.

    Why? Because it is clear that the original lawmakers were aginst the extensive use of trade secrets as a form of competetive advantage. This is the entire reason that patents were conceived. If you have a secret formula, you get a patent on it and reveal the secret in return for a limited time monopoly on the use of that formula. The public benefits because your innovation doesn't disappear when you die, and they can build on your knowledge as soon as the patent is published. You benefit because the risk of somebody reverse-engineering your formula is eliminated.

    The other major form of IP, copyrights, applied to literature and music, which by its nature is non-secret. In addition to stimulating production of new works, copyrights also encourage people to openly publish works they might otherwise only release under NDA.

    Notice that both forms of IP, as originally conceived, are intended to reduce secrecy. Somehow, though, when software came along, people forgot the original principles under which IP protections were created. Software binaries are naturally a secret formula. The founding fathers wanted to discourage secret formulas by granting IP protection. However, binary-only releases were given full copyright protection with no requirement that the secret formula ever be released.

    The public never gets the benefit of the secret knowlege that is protected by the government force that is handed out for free to the creators of binary software releases. Software patents are often of little use to the public because they usually detail only a tiny detail of the entire system. Enough to block competetitors from building a competing product, but not nearly enough to reveal in detail how all of the APIs and file formats work.

    At any rate, I don't think that either copyrights or patents are a good match for software, which is a product unlike any physical good or work of literature. They should have invented a third form of protection just for software that balances the interests of the creators and consumers. Kludging patents and copyrights (simultaneously) onto software, then letting the creators keep it all secret anyway, has created huge distortions in the marketplace which tends to create monopolies, buggy code and noninteroperable products.

  136. How much do you want to pay for this? by LoRider · · Score: 2

    I don't think this is necessarily a stupid idea, but it's wrought with problems.

    Providing source code should be left up to the individual person or company who wrote the software. The market would dictate whether you provide source or not. If your competitors all provide source and you don't; you will probably have to provide the source or adjust your price.

    Providing source that has functions and constants removed sounds like a simple thing to do, but it requires effort on the part of the software maker. The amount effort depends on the types of things you will have remove and how well your software is designed. Having to take into consideration the aspect of providing a stripped down version of the source during the design of the software would seemingly increase the cost of the software. Having to maintain a separate source that gets shipped with the product and the one you develop with would increase the cost of the software.

    I write code that I release under the GPL and I write code that no one gets to see but me. The code that is mine and mine alone is my bread and butter and the GPL code is for fun.

    There are rarely solutions that work for an entire industry. Remember when everyone said, "Everyone's switching to Microsoft, that's why I am." Well now everyone is not switching to MS; there are very few absolutes (other than I take a shot at MS in every /. post). Saying that the entire software industry should start distributing source with their applications is ridiculous. On the other hand those folks out there that are making really kick ass apps with really clean and beautiful source might benefit from releasing their source. They can say, "Hey, look at our code it's beautiful. Our competitors don't let you look under the hood, ever wonder why?"

    But what's good for one business may not be for another. It's a business decision that is mostly dictated by the particular market the business is working.

    --
    LoRider
  137. Guess what by jvalenzu · · Score: 1

    .. no wonder you cant make a living as an author!

    Most authors can't make a living writing books. Lots of programmers make a fine living.

  138. Finally � by Snork+Asaurus · · Score: 2
    ... a magic bullet. Never seen one of those before.

    Tomorrow, I going to my boss and I'm going to tell him "we can solve all the software quality issues. No more worrying about underfunding, time to market, sudden mid-development directions changes due to marketing stupidity, expensive yet crummy dev tools, poorly spec'd requirements, weird hardware, lousy host o/s's that are chosen for the sole reason that "that's what everyone uses", unrealistic expectations from senior management, competitive pressures, ridiculous stock market and share holder expectations, etc., etc. We'll just release all the source and the developers will be shamed into fixing those issues from the bottom up. Let's go out on a limb and be world leaders here!"

    The following day, I'll go to the employment office.

    No argument that there is a lot of bad software out there. No argument that some things have to be done. Yes, developers could do a better job, but that is only a very small piece of the problem. Whole books with a multitude of recommendations have been dedicated to the subject. But no more magic bullets, please. This is not a simple topic and requires a top-down re-think (that I don't see hapenning).

    Note: I am not against open source - I quite like the concept and I'm trying to find the time to get involved. But that is not what this is really about.

    --
    Sigs are bad for your health.
  139. What people want is likely not what they want by beej · · Score: 3, Insightful
    Being able to peruse the source and design for a program might allow you to determine the validity of the design, but that's about it. (Unless you want to pay your employees to line-by-line audit someone else's code.)

    Like the bridge analogy, you can see that the bridge is sturdy and will hold a sherman tank. That's swell. What you don't see are the misplaced rivets that will cause the bridge to fail in unanticipated ways.

    In other words, this is a kick-ass design, and I didn't notice that off-by-one bug until it was too late.

    Another thing to ask is what do people really want? Bug-free software? Of course! And you know what they say they really want on airlines? More legroom and good meals!

    Unfortunately, airlines that provide more legroom and good meals are running in the red. Unsurprisingly it turns out what people meant is they don't care about legroom and actually want the cheapest possible tickets and on-time flights. They complain that Southwest Airlines sucks, but everyone still flies with them!

    My point is that people want the cheapest possible mostly-working software. Let's say, for the sake of argument, that there somehow existed some kind of free operating system for which anyone could look at the source. Would it have fewer bugs than closed-source OSs? Possibly. Is that really important to people?

    No--really. Is it?

  140. Here's my program... by Anonymous Coward · · Score: 0

    The author says that crucial functions can be removed and stubs can be left in its place..

    Here's my program:

    #include /* STUB FOR OTHER (CRUCIAL) INCLUDES
    */

    int main (void)
    { /* STUB
    */
    }

    You like?

  141. Re:Attacking the Problem from the wrong direction. by Anonymous Coward · · Score: 0

    actually the whole premise of this response if flawed. the reason products have warranties and product liability exists is because the product is well defined to begin with. want a toaster? guess what they've existed 100 years. same with cars, trains, trucks, houses or typewriters. Or bridges.. since that seems to be a popular analogy on slashdot.

    each software package when built is a completely new technology. its actually analogous to building a new type of personal transportation device (like a car, only not) each time you need to get from point A to B. Since its never been done before (and if it has the competing vendor surely hasn't shown you how to do it) how the hell can you guarentee it will be free of defects other than by thoroughly testing and giving a "best efforts" warranty? If you want to bash the industry's testing policies thats another matter entirely.

    Figuratively speaking, if you want to be the first one through Dr. Brundle's telepod, you'd better be ready to come out half fly.

  142. Set an example by SuperDuperMan · · Score: 1

    Let's see you invest a lot of time and money into developing a large product. Make sure you pay other developers too so it's not some lame one horse show. Then give away your source code. We'll all look on eargerly for how long your company stays in business.

  143. Re:Simple Answer by Anonymous Coward · · Score: 0
    That's like buying a Tom Clancy story requires Tom Clancy giving you his rough notes and sources as well.

    When you buy a Tom Clancy novel, you are buying something that Tom Clancy wrote. When you buy binary software, you are buying something that a compiler wrote. What the article is suggesting as long as the buyer is forced to suffer copyright restrictions on a completely machine-generated work, he should be allowed to see the final output that was created by a human. This happens automatically for books due to their nature, but not for software and so the extra condition is justified.

    Closed binaries do not "promote progess" in the sense of the Copyright Clause in the US Constitution. They cannot be reasonably studied or used to create derivative works when the software ultimately passes into the public domain. Thus we are allowing software companies to cheat the public by not holding them to their end of the bargain.

    you don't get the preparation steps and ingredients for Pepsi just because you bought a Pepsi.

    The contents of a can of Pepsi aren't copyrighted. If I can figure out the formula on my own, I'm free to duplicate it. On the other hand, even if I managed to reverse-engineer the entire source code from a binary, I still wouldn't be allowed to distribute it because copyright is a stronger protection than trade secret. A stronger protection should carry a higher cost to the beneficiary.

  144. Software Piracy by Anonymous Coward · · Score: 0

    It's easier to copy a cd than it is to compile
    a huge piece of commercial software.

    You know, people have had the source code for
    books available for centuries, and people can
    copy or even reverse engineer these books to
    make books that tell the same story!

    That's why we have laws. Plagairism is still
    plagarism, even with software.

  145. Re:Attacking the Problem from the wrong direction. by Anonymous Coward · · Score: 0

    You use the word period too much, period.

    Just kidding. :-)

  146. Re:Simple Answer by tomstdenis · · Score: 1

    "When you buy a Tom Clancy novel, you are buying something that Tom Clancy wrote. When you buy binary software, you are buying something that a compiler wrote. What the article is suggesting as long as the buyer is forced to suffer copyright restrictions on a completely machine-generated work, he should be allowed to see the final output that was created by a human. This happens automatically for books due to their nature, but not for software and so the extra condition is justified."

    Again I say that's just childish and incorrect.

    You're not paying for the source code. You're paying for permission to use a binary copy of the program and there is a big difference.

    Its like paying Tom Clancy to know of one of his stories. You don't get to keep his source for the story [you could take notes I suppose] since that's not what you paid for.

    "Closed binaries do not "promote progess" in the sense of the Copyright Clause in the US Constitution."

    While I agree OSS promotes academic achievement its hardly practical for making money off of. Also I'd argue there exists competition in closed source circles. Compare Nvidia and ATI. Could you please send me the HDL/VHDL [etc] source for a GeForce processor please? Can't? Didn't think so. Yet there exists competition between Nvidia and ATI.

    Similar for compilers, code management, photo tools, etc...

    The thought you are entited to the source code because you want it is just plain immature. That's not how the world works.

    --
    Someday, I'll have a real sig.
  147. Fair enough by nagora · · Score: 2
    Basically, if I pay you to impliment something in software for me you can bet I'll want the source code. No NDA's, no "no distribution" clauses; that code is mine. On the other hand, I wouldn't expect to prevent you to not use the code too.

    Code produced internally is a different thing and I wouldn't expect companies to publish in-house code to the rest of the world but I would never accept a binary again unless I had no choice.

    Yes, this means that a whole bunch of business models from the dawn of time are obsolete but that's life. I'm not going back to gaslamps and I'm not going back to closed-source.

    TWW

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  148. Re:Attacking the Problem from the wrong direction. by OAB · · Score: 1

    I sort of agree with you, but are you prepared to pay for software that 'just works'? Depending on who you think has the answers, and exactly what you mean by 'just works', it is likely to be 10 to 100 times as expensive to produce, and not even MS can cover that and sell for the same money.

  149. Too much distrust for too long by Anonymous Coward · · Score: 0

    Key routines could be provided as binary only, ready to be linked in as is to the rest of the code if any part of the rest of the code is modified. It should also be possible to recompile only portions of the software without having to recompile everything. If any dependencies require the secret portions to be recompiled, the user would have to petition the company to provide the recompiled version, or refuse the user the ability to make such modifications.

    A customer could test and debug it just as well as a new hire at the company that made it could do the same, or how someone can join a real open source project and start contributing to one or two areas in which they have concerns.

    But this proposal is not to give users the ability to recompile modifications but rather inspect code under glass. But if portions of the code are concealed, then what is there to say that the pretty, well-structured code you're looking at really does anything and all the real code is locked into that binary-only portion containing the worst code you'll never see?

    There has to be a middle ground between software burqas and software nudity. But both sides apparently cannot tolerate anything but their own preferred extreme: we only want to see because we want to touch; they don't want us to see because they don't want us to touch. There's too much long standing distrust on both sides to trust each other suddenly to behave responsibly in a middle ground.

    They see it as opening a strip bar in the middle of a rapists' prison. We see it as cloaked death machine entering to destroy our utopic playground. We'll never get our nude beach without also making it a police state.

  150. People just won't be honest by deanj · · Score: 1

    I sent source code for some stuff I did a while ago. It was quite popular in the community it served. You could use it as you wished, but if you used it in a commercial product you had to pay a slight fee.

    Well, guess what? I go to some tradeshows, and sure enough my stuff was being used by two companies there. (I knew it was mine from the messages shooting out on the screen with my name on it when the code came up).

    Go get a lawyer, you say? Yeah, right. I don't have the money for that sort of thing.

    The big guys know what, and you'll get screwed.

    Send out source again? If it's already GPLed, hell us. If it's my own, hell no.

  151. The Source Is The Binary by boneshintai · · Score: 1

    There are a lot of posts from developers below that argue that you-the-buyer don't purchase the source. I beg your humble pardons, sirs, but you're wrong--the binary is the source. Granted, it's source in an extremely low-level form that's not eminently useful for development, but if you think a binary application is uneditable I would like to introduce you to gamecopyworld et al, who exist to edit, yes, binaries.

    Further, the 'source' in the form of the machine-code executable is covered by a liscence agreement (of questionable legality) and by copyright law (of perfect legality). The source code used to generate that binary would be under exactly the same liscence/copyright. The article is not insisting that you give the source away for free!

    Cheers,
    Owen

  152. Lets compare this to other products... by Morgahastu · · Score: 2

    when you buy a radio do you get the schematics for how it was built and with what parts?

    When you buy a painting does it come with an instructional video starring a hippy with an afro on how to recreate it?

    I don't care how you guys think, not everyone else is into open source. You think source should be open, alot of developers like to keep their work secret.

    Does David Copperfield show you how he does his tricks? I don't think so.

    To say that everything should be open source is absolutely ridiculous. Why should any company be forced to go the extra mile and clean up their source and make it available and ship it and support it when it gives no extra income, or 99.9% of the population doens't give a rats ass about it.?

    1. Re:Lets compare this to other products... by Eric+Smith · · Score: 2
      when you buy a radio do you get the schematics for how it was built and with what parts?
      For many years you did. In the 1970s this stopped happening. So perhaps it's reasonable for software to come with source code for the first seventy years or so that the software industry exists. The software industry originated in the 1960s, so by this argument we should get source code until at least 2030.
  153. Binaries are modifiable too by apsmith · · Score: 2

    Is source code really equivalent to blueprints? Blueprints to me means more the high-level design and architecture. Now that may be included in what the author here means by "source" - certainly in some cases it is included as comments. But really software is something that exists on many levels: machine code (binary), source code, algorithms and design patterns, requirements and specifications, etc. Having source code allows the user to re-compile with various optimizations; even to debug, and to compile for other platforms, but it doesn't necessarily give the whole farm away...

    Would it satisfy the question here if the source code were run through a munger that removed all comments and randomly changed all variable and method names?

    Anyway, I feel all this would be a lot clearer if the copyright law on electronic files was a little more widely accepted and understood...

    --

    Energy: time to change the picture.

  154. Homer sez ... by Dork_Knight · · Score: 1

    "Marge, I agree with you -- in theory. In theory, communism works. In theory."

  155. comment from a developer by cdn-programmer · · Score: 1

    I'm a developer and have been for a rather long time. Personally I disagree with the notion that I should not be allowed to "own" my own creations.

    To suggest something like this is akin to suggesting that people must publish their personal diaries if asked to do so - the justification of this intrusion being that certain other people who shall remain nameless have published shoody works derived from diaries (not Anne Frank's of course) and since the public interest wasn't served... well hey - turn over your diaries folks.

    Well, diaries are not computer programs but they are written instruments and they are intellectual property and it is my right to keep my sources confidential if I wish just as it is your right to have a personal diary.

    That being said, the vast majority of the software I have written has been under contract and while it was NOT absolutely necassary to release the sources, in general I did so.

    The result on one occation is that a job I bid at a little less than $30,000 ended up handed over to another contractor who eventually billed over $150,000 and used my source code as their starting point. Later I found they botched the job which was one reason it cost so much. It seems they got into trouble and as the project slowly sunk the client in desperation tried to fix the problem by adding more money. More recently there was some musings on the part of the end users that they really wish it would get a face lift. I suppose I should do it and then demo it and demand that lost $120,000 bux because I shall have to tear out 100% of that shitty code my competition layered in. So far I have not felt inspired enuf to take it on. There are a lot of people involved in this fiasco as it turns out because the software is in use by every major oil and gas exploration company in the world and a lot of government agencies as well.

    So in this case IMHO, not only was I shafted, the customer ended up with a shaft as well. Indeed, some of the work in that project was under MY copyright and the contractor who worked with MY COPYRIGHTED SOFTWARE did not have a right to use it. In situtations like this this however, it is usually better to grin and bear it and meanwhile let them fall flat on their own faces.

    Nevertheless it kinda hurts to have others F up your work and get paid 5x what you asked. In the contracting business I think this probably happens a lot mind you.

    I am reminded of a contouring package written by an aquaintance of mine. This software was usually licensed under a binary only agreement but as I was told one Major oil company by the name of Amoco paid extra for access to the source. They next proceeded to improve the package in a number of ways until it no longer worked. At this point they had to go back to the original developer and buy it all over again.

    Well, comments like "all software should be open source" are somewhat naive. There is a point here however. With most software, unless it becomes open source, it is quite likely that the package will die with its creator. That is the current situation with the contouring package. Were it open source, then some of us could take it over and improve it. As it stands it will probably eventually be lost forever.

    I think for most developers, they are conserned about retaining control while they have an interest in it. Often this can be to the customer's advantage as well, because often beauracracies do not understand the creative processes as they apply to software. There is no surprise that there can be more than an order of magnitude productivity between programmers and this productivity can be multiplied by a further order of magnitude when one considers the algorithmic design aspect.

    Perhaps Richard Stallman's contributions in the emacs and GCC areas illustrate this. Not only was Richard able to out program whole departments, his programs have a certain edge in the design area as well. Thus the GCC compiler for instance can compile pretty much any language for which one wants to define a grammer and it can compile to pretty much any architecture that one wishes to define to the back end. That is one awesome peice of work!

    If we were to take the next 1000 programmers from any campus, or any technical colledge and try to find even one who could match Richard's work, then I say the odds would be rather low.

    So one way to look at this is that Stallman chose the OpenSource solution as a vehical to retain control over his work. At the time he was programming GCC for instance, had he not been able to use the OpenSource vehical then I am totally convinced that some bean counter somewhere would have found a way to shuffle this marvelous work into a closet somewhere and the vast majority of us would never have know it even existed.

    So Opensource has its place and it is appropriate for general purpose systems tools.

    As for special purpose application software... Well, maybe. If programmers didn't have to make a living then I'd probably say OpenSource everything. But the truth is that we do have to make a living and programmers, especially contractors, always face the possibility that they will be excluded from further development on their own work simply because of politics, dirty tricks, or any one of a miriad of reasons that result in a contract being issued to the competition.

    The problem is that programmers are not like carpenters. We are not created equal and one cannot just plug in a replacement part so to speak. The contract award process does not consider this. Maybe the market place does but I suspect not or we'd never have the really shitty commercial software crappola that hangs around.

    Until some of these problems are solved I vote for programmers to have the right to retain control of their sources. However if someone can invent a fair compensation scheme for those who create the original works then I'll change my vote.

  156. Simply not going to happen by Anonymous Coward · · Score: 0

    I work for a software company that does AI work for battlefield simulations that simply aren't possible without the power of our proprietary algorithms. There's no way in hell we're going to make it open source so that just anyone can do it. Thinking otherwise is completely naive.

  157. Crippleware is not the answer by Anonymous Coward · · Score: 0
    Distributing partial source does nothing for the end user, and will not result in much useful feedback. The usual reasons for reading the source code are to
    1. Compensate for deficiencies in the documentation
    2. Make corrections to errors
    3. Add needed functionality
    and most users won't bother reading the code or commenting on it if they won't be able to do those.
  158. RTFA by sineltor · · Score: 1

    Just like about every second post here i don't believe you read the artical - he doesn't say that software should be open source; it says that if i buy a copy of word or something then i should get a copy of the majority of the code so i can verify for myself its been well-written.

    --
    'No publisher will ever pay you enough to successfully sue them' - Dave Sim
  159. Santayana by Anonymous Coward · · Score: 0

    Of course it would fly, because software used to be sold in source form, and there were even products with no binary distribution; you had to assemble the product as part of the installation procedure. I know of other products where, although the initial code was distributed in binary, updates were strictly source.

  160. Re:Fair enough - YOU ARE RONG by cdn-programmer · · Score: 1

    You are RONG. Go dig out the Berne copyright conventions and talk with a lawyer.

    If you hire a consultant then the consultant will own the copyright UNLESS you specifically contract that this is NOT the case - and this must be in writing.

    If you hire an EMPLOYEE then the employer will AUTOMATICALLY own the copyright UNLESS there is a contract in writing that precludes this.

    The reason for this is that the legal status of an employee is derived from said individual being a "servant" and since his employer bought his "servant's" time, his employer has a right to anything produced by his "servant". This means that legally if an employee creates something ON HIS OWN TIME then even in this case his employer MOST LIKELY has a claim to it. The bottom line is that a full time employee has sold ALL of his creativity and time to his employer whether he likes it or not. So if you don't like this idea folks, then QUIT.

    Contractors and consultants on the other hand are providing a product. If a carpenter designs a nail gun and builds the house in 1/2 the time, the home owner does not have a claim to the nail gun. This is obvious I would think. However if a developer hires the same carpenter full time - well then the employer ownes the intellectual property associated with the nail gun.

    Similary, a contractor may come in and peice together a large number of components and supply a finished system to the client. This should not mean that the client gains the copyrights to the components. In fact it should not even mean that the client gains the copyright the the glue code that stiches these components together. All the client gets is the right to use the finished product and usually the right to modify it somewhat.

    There has been a lot of litigation in this area. Anyone affected _should_ run (not walk) to a good IP attourney.

  161. This won't happen... by Anonymous Coward · · Score: 0
    ...until Linux captures the mainstream desktop market.

    In other words, expect the sun to burn out first.

  162. The Obvious Criticism by davevr · · Score: 1

    Before even writing this article, the author should have done the simplest, most basic research. Look at all of the software commonly available today as ask:

    For programs of similar complexity and functionality, are those with source code available more reliable than programs without?

    It is pretty obvious that there is no general correlation between source availability and code quality, which defeats the author's argument directly. I won't even get into his preposterous analogies (software as a book? a bridge? geez...)

  163. Re:Attacking the Problem from the wrong direction. by NineNine · · Score: 2

    Actually, yes, I am willing to pay for good, solid software. Being a former developer, I understand the time and effort that goes into software, so I know that it would be a good bit more expensive. That's why I chose W2K over Linux. It "just works". That's why I chose my expensive POS system over a freebie. It's extremely critical to my business (and me being able to support myself). It works. But, I still don't feel like I have legal recourse to go after a company with software that doesn't work as advertised. I don't have the time & money to set a legal precedent, but I wish that somebody would. I'd also pay for a hard drive that worked for a long time and had a good warranty. I also pay extra to buy Japanese cars that last longer, and have better warranties.

    So many software buyers feel like they're at the mercy of the software companies. Software quality is just abyssimal compared to other products. Then, they all try to claim that "our software may or may not work as advertised, and we absolve ourself of any liability". I know of no other product on the planet that is sold this way.

  164. I don't get it. by Timothy+Brownawell · · Score: 1
    The article suggests not including important parts of the source, to prevent copying, while still allowing people to inspect the quality of (most of) the code. Why, exactly, would I want to inspect the code of a program for problems, if I can't change it and recompile to fix the problems? If I can't use the source, then there is no reason for me to want to have the source.

    Tim

  165. You're thinking on the wrong level by Anonymous+Brave+Guy · · Score: 2
    If somebody lifts the look and functionality of some closed-source app, and you suspect infringement, how do you prove it?

    If it's closed source, it's very unlikely to be infringement, and there are different rules covering behaviour anyway. Not that the US patents office is much to be proud of, but that's a different issue.

    Have the source out there would actually make things easier, not harder. As a TA I had tools to check for "copy and replace variable names", all nicely automated and such.

    You miss the point completely.

    The problem is not some guy doing a quick search and replace across the source. The problem is when your code embodies trade secrets, such as algorithms you've researched and developed yourself. If your competitors can just read off your algorithms, reimplementing them in some completely different form, or even in a completely different language, is easy. No five-minute tool by a TA is going to help with that. In fact, none of the points addressed in either of the original articles really picks up on this, which to me was the first big stumbling block that came to mind.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  166. A simple equation... by Decameron81 · · Score: 1

    There's a simple equation that will be useful to explain why this will never happen.

    Imagine you create a program like photoshop, and it takes you 2 years to code with a team of people. Well I'd say that the time it took for you to get the source code ready is significant, and that the cost of going through this step is very high.

    Now that you have your source code ready you can compile it and copy the program as many times as you want. Well this is not exactly that much expensive... = P

    My point simply is, you pay for what you want to get. If I started selling a program with it's source code that is worth several thousand dollars then I pretend to be paid several thousand dollars by anyone getting it. I don't care at all about the fact that they "can't" use it for their programs because of copyright... the time and dedication I would need to control this never happens is not worth the effort (is this even possible for smaller developers anyway?).

    Now I find a point in the middle, where everybody is happy, and I offer you a program that only took me a couple of seconds to duplicate for a fair price that in the long term will help me pay for the development proccess. I seriously don't think this is "unfair" as some people here seem to think. If you really really want the code then BE READY TO PAY IT'S PRICE.

    And btw, a car is not like having the source code. Just look at the analogies before software development and the creation of cars... the thing that really costs money to Ford or Lotus is not making a "copy" of the car, but having the projects done, and all the blueprints. Seeing it this way makes me think that source code is more like the blueprints, and the car like the binary.

    Btw, you can modify a car but you won't be able to copy it with a drag and drop.

    Decameron

    --
    diegoT
  167. Using component software by HotButteredHampster · · Score: 1

    I think that in its own way, the solution you have described would also set the software industry back into the stone ages. It's about lawyers and the little guy getting hosed, it's about component software and the way that that there would be a chain of litigation because everything builds on top of everything else.

    I am a software developer, and I develop VB-based GIS applications. I use a well-known GIS vendor's GIS building blocks as the cornerstone of everything I have done in the last three years, and other vendor's COM controls in the interfaces. I have delivered several products to clients, and there have been extensive problems, a healthy portion of which are bubbling up from the components I have used and glued together within my applications.

    If I were to be sued by my clients for defects in the components I had used, I would have to sue each of the component vendors (perhaps as part of a class-action lawsuit). In turn, each of those vendors would no doubt sue the large corporations such as Microsoft, Sybase, Oracle, etc. for the defects in the technology which underlies their components.

    By avoiding components which had been built by other vendors, I gain the comfort that I have control over what I have sent to my client. But I can't build everything. That's why components, libraries and frameworks exist. By embracing components, I can deliver the expected product, but I open myself to unexpected litigation. Component vendors would disappear: they would be producing components with slim margins which could do nothing but bring them lawsuits.

    Then there is the nightmare of proving in court that it was a flaw in the component that caused the fault. Jury of my peers, my ass. Have you ever grabbed a random person on the street and explained the problems of pointer arithmetic to them? Now try it with 12 people who will just end up listening to the lawyer with the biggest paycheck.

    The cascading lawsuits will stop at the highest-priced lawyer, and then rebound back down the line. Most small and medium companies will fold after a single failed defense (or successful defense, if the court costs are high). There would be a vaccuum in the software industry: demand for software, but no one available to produce it. Some vendors (bigger ones who survived) would re-enter the space, and charge exorbitant prices to insure against litigation and because they are re-inventing the wheel constantly without available components.

    Or you could let the current trends play out. There is an increasing realization by major OS vendors that stability and security are the next big hurdles. Microsoft has a seriously tarnished reputation from their track record. Apple has dropped their proprietary core and adopted UNIX. GNU/Linux is a manifestation of the inadequacies (stability and security) of the previous generations of operating systems. As the core OSes improve, that trend will trickle outwards to the component providers, and then finally to the application developer.

    We don't need litigation, we need pissed off customers who scream bloody murder when their application crashes. We need to direct that passion at the OS vendors, and make them fear for their profits. Economics, my dear Watson.

    --
    "Smart is sexy." -- D. Scully ("War of the Coprophages")
    1. Re:Using component software by Serrin · · Score: 1

      So basically what you're saying is that software can't have any guarantee to work at all because it's all crap down to the lowest level. Nice argument in my mind for legislating that software should do what it's advertised to do. ;)

  168. Story: troll by Anonymous Coward · · Score: 0


    The more I read of what the author wrote, he strikes me as a Microsoft wannabe who is trolling for reasons _not_ to go with open source. The shit he gathers will be flung back at us. I could be wrong.

  169. I definitely agree by global_diffusion · · Score: 2

    Well, at least the comments won't nearly be so bad. All those
    // igregious hack
    comments will have to go. Other than that I don't see much change.

  170. Very good point by Anonymous+Brave+Guy · · Score: 2

    Darn, where are my mod points today? ;-)

    You hit the problem there pretty much head on. Good code is subjective, at least to an extent. There's probably no such thing as perfect code, but most good programmers would probably agree fairly consistently on what is good code and what is not. However, their benchmark may not be the same as a user or their manager.

    To me, good code is simply the input that makes a good product, and a good product is simply one that helps me to do something. The more it helps me, the better it is. That may mean running faster, or covering more different cases, or intercommunicating with other products, or any number of other things, depending on my requirements. Furthermore, those requirements may change over time.

    Now, from a software developer's point of view, in order to write such good code, you have to follow certain basic rules. You need the code you write to be correct (giving the right answer, with no bad output, and usually with graceful handling of bad input as well). If you're going to keep up with changing requirements, or fix bugs that come to light, you also need your code to be maintainable (so that a developer can find his or her way around it, and adjust it to meet new requirements or fix deficiencies, without compromising the overall standard of the code or expending undue amounts of effort in the process). Correctness and maintainability in turn lead to various typical rules of thumb about commenting well, having a clear design, using meaningful names for things, etc.

    I rather suspect, though, that if anything like this ever came to fruition, the holier-than-thou L337 developers would look at things backwards, and see those rules of thumb as indicators of code quality. Lacking any insight into the processes and people behind the code, they will try to do the impossible by reading everything from just those rules of thumb, and judge accordingly. Sadly, this would lead to what are actually quite good and well-managed projects being criticised because the code output does not meet Joe Public's Handbook of Rules of Thumb, page 173, paragraph 2. The fact that that code might correctly and efficiently implement the best algorithm in the world for medical research would be lost on many of them, and the damage would be irreparable for years.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  171. open versus Open Source(tm) by firewood · · Score: 1

    Please differentiate between source code that is open (I can look at it, but perhaps under a very restrictive license), and Open Source Software (under GPL, MPL, BSD, etc. licenses). Most of your examples could be handled perfectly well under Microsoft's open look-at-but-now-your-contaminated license.

  172. Re:Simple Answer by Anonymous Coward · · Score: 0

    When I buy a book, I get access to what Tom Clancy actually wrote. No human wrote the binary image of kernel32.dll. The Copyright Clause is very specific that the rights cover the "writings and discoveries" of "authors and inventors." Both of these imply that copyright should not apply to the output of a mere machine.

    You're not paying for the source code. You're paying for permission to use a binary copy of the program and there is a big difference.

    You're begging the question. Of course that's how it works now, but the whole point is that I (and the article) claim that this is artificial and unfair and should be changed. It's unfair to the public to allow software manufacturers to obtain copyright protection for something that is essentially useless for promoting progress when it hits the public domain.

    While I agree OSS promotes academic achievement its hardly practical for making money off of.

    Having source code != OSS. It means only that whoever buys a copy of the software also gets a copy of the source code that they can look at and modify for their own use, but not necessarily copy and distribute.

    Could you please send me the HDL/VHDL [etc] source for a GeForce processor please? Can't? Didn't think so.

    A GeForce processor isn't copyrighted either. I'm free to make my own if I can legitimately reverse engineer the design. Only patents can prevent that, but guess what. Patents are already fully disclosed to the public. Yet, as you pointed out, both Nvidia and ATI are doing just fine.

  173. It works (worked) well. by SamBond · · Score: 1

    In the days of VAX/VMS 3.7 and later you could get a set of microfiche of the source of VMS. It was a marvellous resource, particularly when writing device drivers. The only problem was the quantity of the information.

    The DECUS user group meetings were enlivened by discussions with DEC personnel about the way things were done or should be done. In general I believe the product was improved and certainly my interaction with it was.

  174. Source code for the Government by Dolphinzilla · · Score: 1

    With regard to software for the government and the DoD, on many projects that I have worked (on both ends as a devoloper and a customer) source code AND design documents are usually required deliverables - in many instances this also includes embedded firmware as well (microcontroller code, VHDL, etc). In some cases the software source is delivered with the understanding that it may be provided to a competitor for development of a reliable second source. It works out OK in the DoD environment because the code is largely unique and therefore very expensive - the developer makes all his profit up front (and hopefully gets future business). In the cut throat commercial market the economics make providing the source code a non-starter IMHO.

  175. Re:Simple Answer by mangu · · Score: 2
    You're not paying for the source code. You're paying for permission to use a binary copy of the program and there is a big difference.


    That's why the binary copy shouldn't be copyrighted. The seller is being benefitted by the strongest protection available, but is giving nothing in return. If the seller chooses to use secrecy as protection, the product should be ruled by trade secret laws, not copyright laws.


    Your analogy to the writer's notes is not valid. The right analogy for software would be to make public the annotations the programmers wrote while creating the program. Source code is the final product of a programmer's creation. Binary executable code is created by a machine, not by the programmer. What copyright protects is the fiunal fruits of human creation, i.e. the text of a book or the source code of a program, not the metal types used to print the book or the binary code generated by a compiler.

  176. Copyrighted Software should be opensource by kentsin · · Score: 0

    Actually, please think about the idea of copyright protection.

    If a software is intended to be protected by trade secret, then it can be closed source.

    If someone want copyright protection of their creation, they should open source.

    Opensource if you want copyright protection. Period. Even encryption music or text should be protected by copyright laws.

    Copyright protection is for information to be openly distributed, allow more people to read, to write. Allow the community to share ideas, to develope better.

    If you feel copyright is not protected enough, try others, there are patent, trade secret and you may propose new protections. But don't abuse copyright.

  177. Re:Attacking the Problem from the wrong direction. by shut_up_man · · Score: 2

    I agree - making good software is a difficult task, but most of the reason why general quality is so low is because producers can get away with it. It's such a magical fairyland - crank out some code as quick as you can, distribute the binary, tell people it does something (which may be true, partially true or an utter lie) and then you make them click through an unintelligble agreement which frees you from all liability, while enforcing your rights of ownership. The crowning glory is that anytime anything goes wrong with your software, you can blame everyone else: the operating system vendor, the hardware vendor, code libraries, driver software, other installed applications, virus writers and script kiddies. Extra credit for charging the customer a large sum when your software breaks down. There's no proof anywhere, it's all guesswork and lies, smoke and mirrors, marketing and salesmanship.

    Forcing people to release their source is a kneejerk reaction. It might clear up some of the lies, but the real problem is that the industry is doing whatever the hell it wants, and getting away with murder. I agree that legislation (refunds, real guarantees and codes of conduct) would be a better path.

  178. Here's a fine example of code to cry about by Anonymous Coward · · Score: 0
    Civilization 3, esp. multiplayer. $100 for both the game and the expansion, and it's the least playable, buggiest piece of crap I've seen come out of a major game studio in years.

    Well, one year. (Pool Of Radiance 2) Anyway... Check their web page for which developers to blame for the multiplayer fiasco. It's gotta be the most amateurish released piece of code I've ever seen.

  179. Re:Simple Answer by tomstdenis · · Score: 1

    "That's why the binary copy shouldn't be copyrighted. The seller is being benefitted by the strongest protection available, but is giving nothing in return."

    Really? How about use of a program?

    Consider if GCC were not free. Think you could do just as good of a job writing your own compiler? If you went out and bought GCC then you'd be paying for the talent that went out to maek the program.

    The producer should have copyrights protection to stop you from in turn giving out copies for free. I mean do you fundamentally not understand the way commerce works?

    "Source code is the final product of a programmer's creation. Binary executable code is created by a machine, not by the programmer."

    That's irrelevent as well. Pepsi is made by machines too. The formula/recipe is made by humans. Should buying a pepsi bottle entitle you to the recipe as well?

    "What copyright protects is the fiunal fruits of human creation"

    That's wrong as well. By your logic copying movies should be legal because you're not copying the people just some mechanical product.

    You don't by any chance work in a market that tries to make money do you?

    Tom

    --
    Someday, I'll have a real sig.
  180. Re:Simple Answer by tomstdenis · · Score: 1

    "When I buy a book, I get access to what Tom Clancy actually wrote. No human wrote the binary image of kernel32.dll. The Copyright Clause is very specific that the rights cover the "writings and discoveries" of "authors and inventors." Both of these imply that copyright should not apply to the output of a mere machine."

    Tom clancy wrote each copy of every book out there?

    Wow, he must have sore hands. Just because the product was rendered as a binary executable doesn't make that any different than a book being rendered by a typesetter. Its still a product that deserves copyright protection because it is a work written [at some point] or developed.

    Tom

    --
    Someday, I'll have a real sig.
  181. sores by Anonymous Coward · · Score: 0

    fuck open source. i'm trying to make money here. not do what's right. people will get quality software from me. they don't need to see my source code so they can rip it off and make their own product or changes and no longer need my services. yes, i understand we aren't talking about licensing here, but people in business simply don't play by the rules. what makes you think businesses won't break the law? watch the news lately?

  182. Great by Anonymous Coward · · Score: 0

    "Sir, our revenue figures are in for our open sourced product. So far, we have made... let's se... $0.00."

    "What?? What about the peripheral streams of revenue? Ads? Licensing deals?"

    "The licensing deals are kaput - they just grabbed our code and called it theirs. They got too many lawyers and it would cost us millions to sue them, which would bankrupt us. The ads in the software aren't working because the Linux heads recompiled a version that hides the ads."

    "Have we no intellectual property value anymore??"

    "No, especially since there are now a dozen non-open source clones of our software that suspiciously look and performs like ours and Microsoft is going to build the feature into Windows anyways."

    "So what now?"

    "We die."

    1. Re:Great by Anonymous Coward · · Score: 0

      You obviously have no idea how Open Source makes money. It's developers like you who will never understand that the only way to make money is to give the IP away and make money on peripheral lines of revenue.

  183. Re:Why open source software sucks by Anonymous Coward · · Score: 0

    99% of the time that actually is the case. It's just that people don't go writing childish ranty articles about it on /.

  184. Re:Simple Answer by mangu · · Score: 2
    The producer should have copyrights protection to stop you from in turn giving out copies for free.


    No, that's certainly not why copyrights exist. Copyrights are NOT about protecting the seller. Copyrights exist to assure that the results of creative work will be available to the community after the creator has amassed some profit from it. Trade secrets are good enough to protect the seller's interests; the Coca-Cola Co. for instnace, has survived for a hundred years on trade secrets. The recipe for Coke is not copyrighted, it's a trade secret.


    Should buying a pepsi bottle entitle you to the recipe as well?


    Certainly, if it was copyrighted! Since they, just like Coca Cola, chose to protect their intellectual property by means of a trade secret, I don't get the formula, but, on the other hand, I'm free to reverse-engineer it, if I want.


    By your logic copying movies should be legal because you're not copying the people just some mechanical product.


    Yes, I believe I can copy freely anything that's protected by a secret, like the CSS encoding in DVDs, for example. However, if the creator of an intellectual work chose to publish his work openly and let it become public property after a certain period, under copyright protection, then I respect the spirit of the law and I won't copy those works as long as the copyright period holds.


    I believe the spirit of copyright law should be, as stated in the US Constitution "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the eclusive Right to their respective Writings and Discoveries".


    As for making money? If anybody wants to make money, fuck them, why don't they get a job?

  185. child abuse by axxackall · · Score: 2
    Yeah, you're right - and all people should have their pictures in their passports and driver licenses fully naked, from feet to the head.

    Something reminds me the bad word "pornography"...

    Wait, how about software from startup companies? That would be certainly a case of child abuse!

    So, what you suggest is wrong.

    --

    Less is more !
  186. Re:Simple Answer by DavidTC · · Score: 1
    You're paying for permission to use a binary copy of the program and there is a big difference.

    You know, almost no one agrees with you here. You walk into a store and hand them money for a box, you own the box and everything inside it. Copyright law prevents you from making copies of any copyrighted material, like manuals and software, but it doesn't stop you from owning a copy of the manuals and software.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  187. And Mrs. Fields could sell her cookie recipe, too. by fmaxwell · · Score: 2

    You can charge more for a product with included source code, with no extra effort on your part.

    And Mrs. Fields could give charge extra for cookies that include the recipe. And then she could wonder why a competitor's cookies started looking and tasting so much like hers.

    The cost of software production does not go up, and the price goes up, when the source is included, increasing your profit margin.

    And what do you do when you find your source code posted on a warez site or a Usenet newsgroup? What's your course of action when you suspect that your competitors have started to look at your code for "inspiration"?

    A license isn't worth squat if you don't have a way to audit it and enforce the terms. And that's the problem with selling source code. It's like letting your customers hold a gun to your head so long as they promise not to pull the trigger. It only takes one dishonest customer to ruin everything.

  188. How about a compromise? by Anonymous Coward · · Score: 0

    Commercial code typically comes with a license absolving the coder from all tortious liability. How about a compromise:

    If you want to keep the source code secret, then you cannot contract out of tortious liability. So if your code is a big mess and causes monetary damages to the end user, they can sue you for the damages.

    If you provide the source code as well, you may contract out of tortious liability, a sort of the end user has the opportunity to see the quality of the code, they take on some of the risk themselves. Whether they are able to do so is another matter, but it certainly is better for the end user than things are now.

    As an analogy, software currently is like a car with a hood sealed shut, but at the same time they have a contract saying "if the car blows up or the tires fall off, you can't sue us." That's way more protection than the manufacturers of normal goods get. Under this solution, you can keep the source code secret if you want, but there's a fair trade-off.

    Just my two cents.

  189. I am so sick of by G00F · · Score: 2

    I am so sick of people accociating having source code avaliable the same thing as free.

    I personaly feel that no software should be considered copyrighted unless it is sold with its source code.

    Just because the source code is open doesn't mean they can't charge for the product, sure, the linux/gnu comunity don't do it now, but they should. If I buy MS office, there should be a cd or two with source code. I shouldn't be able to get redhat for free, but if I pay for it, I should get the source code.

    I don't care for free, paying other people to do things that I don't want to do, or that I can't do, is how society works. What I want, is the source code avaible to prevent abuse such as what we have seen from many vendors besides just microsoft. Also, I like the ability to control things that are mine. Weither its to tweak it, fix it, or even break it.

    Free bah, I want open. And I vote with my money.

    --
    The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
  190. Re:Fair enough - YOU ARE RONG by nagora · · Score: 2
    You are RONG. Go dig out the Berne copyright conventions and talk with a lawyer.

    I know all about the Berne convention and I don't need a parasite lawyer to tell me about it, thanks.

    I never said that the copyright is transferred automatically during work for hire, but I was implying that I make sure that it is when it's an issue.

    The reason for this is...

    The reason is that this what governments, after serious bribery by vested interests, have decided. Don't go trying to read any deeper logic into it. Your example of the carpenter demonstrates this: the nail gun is the carpenter's yet the house isn't? There is no logic to that; it's just the way the rules are written and nobody in government gives a shit what you or I think about it unless we have a few million bucks in the bank.

    There has been a lot of litigation in this area. Anyone affected _should_ run (not walk) to a good IP attourney.

    Getting advice from an attourney is like asking for dating tips from a whore: all the answers seem to involve you paying them money.

    TWW

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  191. WRONG!!!!! by Slashamatic · · Score: 2
    Think the airplane business. When you buy a 757, you don't get the blueprints for the wing. That's a trade secret.
    You are misinformed and very wrong. When a company buys any major piece of technical equipment, being an airplane or a chemical plant they get very extensive technical documentation. Airbus and Boing ight not ship the detailed calculations that produced the wing, but they certainly tell you exactly what types of material are used and where, how to replace parts and so on. Neither of those companies hold the customer hostage. If they want to do it themselves, they can.

    Interestingly enough, when a design is revealed, engineers take more pride in their work. It doesn't matter whether you pop the hood on your automobile or open up some piece of professional equipment, you see that someone tried to design it properly.

    I'm not accusing you of holding your customer's hostage with poorly designed code, but it is quite possible that someone else is trying to do this.

  192. Sorry, you a user but not the customer. by Slashamatic · · Score: 2
    The customer, i.e. the state or county authority comissioning the work would have full details on the construction of the bridge. As a matter of safety, the supervising construction engineer must have the static design (the force model) approved by the responsible authority.

    If as a member of the public, you tried to get details of the bridge's construction then you may get a few goons interested. If you had a good reason, i.e. you were a qualified engineer concerned about load-bearing, then it would be quite hard for the authorities to stop you.

    1. Re:Sorry, you a user but not the customer. by rdmiller3 · · Score: 1
      Maybe you weren't trying to, but you've made a division between "customer" and "user".

      Interesting...

    2. Re:Sorry, you a user but not the customer. by Slashamatic · · Score: 2
      The direct customer of the bridge construction company is your local highway's dept. They are the ones who pay the bills.

      Of course they may do it with your money, but you are only indirectly involved. Your real relevance is as the user of the bridge. That I'm making a difference is intentional and it applies in many other areas too.

      There are many such cases where limited disclosure is made in the public interest but detail disclosure isn't.

  193. How about by Anonymous Coward · · Score: 0

    Open to security/functionality and standards bodies, and not freely open to the general public?

  194. Analogies to work through his "logic" by DIGITAiLor · · Score: 1

    Let's apply the author's logic to another industry. Movies right now are terrible. So when I buy a DVD, I want access to all the data and design that went into the making of that film, in the package. I want the storyboards, sets, and of course, the actors. That way, if there are any scenes which annoy me, I can refilm them to my tastes. Trust me, if all of us got together (or maybe just me) and reshot Swordfish on the industry's tab (just buy the DVD!) that movie would be, like, 10000% better. OK, this analogy is a little loose, let me tighten my belt. Music? I buy an album, I want the notation, the Pro Tools session with all automation and plugins data, and of course, the unmixed audio files (only 96 kHz 24-bit, please, we're talking SOURCE here). We could all show Rick Rubin what production REALLY means! Source code just needs the one simple step of compiling to exist, so that means it is self contained and self replicating. So if we bring this analogy to cars, that means when he buys a car, he wants the FACTORY. C'mon, we all know we can make better cars than GM if we get the factory for $14,000 interest-free for 15 months! Don't get me wrong, OSS is good. Just this guy's argument for "forced" OSS, or how great it would be for all software to voluntarily be OS is faulty and IMHO misguided. He wants to have a backstage pass for every concert (His caveat: as long as he buys a ticket).

  195. Easier Piracy by JeremyALogan · · Score: 0

    in response to how piracy would be easier I have seen numerous people trying to debunk this. well... I gots two things to say on this front...

    1) it would most certainly be easier because MOST source code is significantly smaller than the compiled binaries. Don't get me wrong... this isn't always the case, but I'd say it is 99.999% of the time. You could download a multi-million line program's source in a few minutes (modem) as opposed to hours for the binary.

    2) It would be impossible to implement anything similar to a CD-KEY based algorythim<sp> because it would take 10 minutes for someone to find the code and basically just reverse it. You'd have no way to enforce (or attempt to) the purchase of your software.

  196. Re:Simple Answer by tomstdenis · · Score: 1

    I don't get what you are trying to say. Yeah sure you own a *copy* of the material. Doesn't mean you have the right to copy it and give it to your friends, nor does it entitle you to the production steps.

    That's all I was trying to say. Perhaps a concept beyond /. reason?

    Tom

    --
    Someday, I'll have a real sig.
  197. making a living off your own creativity by new-user-name · · Score: 1

    it is the right of a any programmer to make a living off his creative work. He doesn't have to show you how he made what he made or even how everything works. If it's a good product and it helps you do what you need to do, then buy it and use it. If not, don't buy it and look somewhere else for whatever you need. It's that simple. If you don't like it, don't buy it.

  198. Good reason for commercial source to be closed by TekPolitik · · Score: 2

    There is one very good reason for commercial source code to be closed - patents. A commercial organisation in the software development industry is almost certain to have inadvertently infringed on a large number of software patents. In most cases, a competitor who possesses software patents will not be able to tell there has been an infringement without source code.

    The result is that, even where a commercial software company would like to open their code, they will not, particularly if they have competitors with few ethical constraints and many patents

  199. Understanding OLE-DB != Clear and Present Danger by len.holgate · · Score: 1

    Only in the same way that Tom Clancey's competitors can take advantage of reading his books.

    Not true. My source embodies my understanding of the problem. My understanding may be different to your understanding. By reading my source you might obtain a more enlightened view of the problem. You may then be able to write code that doesn't violate my copyright but does make you my competitor.

    For example, some APIs are difficult to understand. Reading good quality source that uses those APIs well is often the fastest way to understand the correct usage of the API. If it cost me X months to obtain that understanding the "hard way" it may only take you Y weeks to obtain a similar level of understanding by reading my code and "standing on my shoulders". You may then use that API in your code in a much more effective way (without violating my copyright in any way). I may not wish to give up my commercial advantage by opening my source to you.

    Personally I think it would be great to spread this hard won knowledge in this way, and I do so as often as I can, but it can't apply in all situations and I'm not sure that it can apply if you want to make money from the knowledge.

  200. Confused! by Ripplet · · Score: 1

    I've read both articles several times now, and I don't quite get it. Is he arguing that the source should be completely open, as in published to the world, or just that the customer gets it. There seem to be hints at both in the articles. And most folks here seem to assume the former, but I think that's just their "open source is for anyone" bias.

    In any case, I have a problem with letting anyone have the code. A practical one. And that is, in what form? Do they just get a big zip file - my current project consists of around 8000 source files. Good luck in working out what it does! No customer of this project is going to have a clue about any of it. And even if they hired someone to check it out, it would take them months even to begin to understand how it all works, how it's architectured.
    Or are they just going to take a few files at random and see if they look pretty. Maybe they could even run some metrics on them to see if they have enough comments, etc., but we're getting into a whole different ball park now.
    Also, maybe we now have to maintain two different builds: one with the magical 1% hidden, and a real one. Anyone who's ever worked on slightly different projects based on a single main source tree will back me up here, it adds a whole extra level of complexity to the build and test process.

    Frankly, I don't see the benefit that this will bring to anyone, except adding extra cost to the project.
    I think the objective is good, but the solution sucks!

    --

    Skiing? Check out The Independant Skiers Portal

  201. Who the hell... by noelp · · Score: 1

    is modding up all the people who are saying: 'Noooo! All software should not be GPL! I want some money for my work! Nooo!' By modding them up you are a)Encouraging people who have not RTFA b)Indicating that you have not RTFA c)Making me have to trawl through their comments when I am reading at +3 If you dont know what I am referring to the see point b.

    --
    'Internet! Is that thing still around?' - Homer Simpson
  202. Care to ACT on that one??? by yakkmeister · · Score: 1

    I read a few of the replies to this article,
    Some people say yes, I agree, most seem opposed.
    I wonder why that is?

    Well, I agree. If copyright law was to be used as the basis for protection, perhaps we would see PAF stickers on software boxes and CD cases as companies decided that the patent system should also apply? Good that they do, I for one am entirely sick and tired of trying to live with software that does little in the way of real function, and makes a mess of my windows installation because the people who build this stuff don't care about my system. Well, I care about my system, I care if my data is secure and uncorrupted, I care every time my system crashes because some tool decided that an array could be left unterminated and boundless as it soaks up stray bits of data and eventually reaches for RAM that simply does not exist!

    I say make them show us what they are telling our computers what to do. I do not like the idea that software, which is designed for online use, can contain instructions that relay information to someone I do not know, without my consent.
    And I will 'put my money where my mouth is' people. I am no uber-programmer, in fact I am very nearly pathetic; but I will release the source for my projects on release as part of the package in the intall.

    I have software that I will be posting on my website for free download, details will be available then.

    I also invite constructive comments to the code itself. But I really think this dood is right, and I intend to at leat try to actually DO something about it instead of just warble on.

    thanks for readin'
    Yakkmeister

    --
    -it's complex... -But with a little sticky tape and some kleenex...
  203. In reply to Charles Connel by zerodeux · · Score: 1

    [ref: http://www.developer.com/article.php/1548611]

    Hello,

    first thanks for the nice first article. I personnaly believe that software should be free, but claiming it to be open (I'd prefer 'disclosed') is a necessary step forward, at least from a practical point of view. I would like to answer to your follow up : my opinion is that you made some step backwards and basically invalidated some of your stronger points in the original article. So here are my own answers.

    Intellectual property

    The claim is "Key parts of complex software systems are true intellectual property of the creators, and the owners would never open up that code". I'm wondering what is 'true' IP, and what are the others. You clearly explained that you don't protect your IP by keeping it in your safe, but by relying on copyrights and applicable laws.

    There is no such thing as 'corporate secret'. Coca-Cola is well known for keeping is recipe ultra secret, and only a few blessed people are supposed to have access to it. What for ? We can reverse-engineer Coca-Cola's recipe, and have plenty of means to find an industrial process which gives the same drink. It did not stop concurrents either. I wouldn't be surprised if Pepsi actually needed more efforts to find an alternative to Coca-Cola rather than plainly copying it. Coca-Cola currently tries to hide the fact that nothing can't prevent a smart company to produce a clone and sell it. Nothing but Coca-Cola's brute marketing and intimidating force. Oh wait, yes, if Coca-Cola recipe was patented, they could prevent that. But it would be disclosed.

    Similarly, there is no such thing as 'crucial algorithm'. There are only smart implementations. Reverse engineering software is extremely easy today. Clever software writers know that, and may elect to patent and thus disclose their algorithm. It's only a smart move if you are cynical : most patents are obscure descriptions vaguely desribing their purpose, and we had plenty of cases and time to realize that algorithms should not be patented (thanks Mr. Jeff Bezos for its spectacularly stupid and demonstrative patents). But I'm disgressing, I only wanted to show that you can't protect your IP until you disclose it.

    Now if I get a video encoding tool, and if the source code only shows the UI part because the vendor removed the 'crucial algorithms', I'd be rather disappointed. Be sure that all vendor will consider the core of their software as 'crucial algorithm'. Be sure that the only interesting evaluation of quality can be made on this core part.

    I ran in two recent exemplary situations : both Nvidia and 3DLabs disclosed some sources related to their 'shader language compilers', boasting about their transparency and such. It turns out that their code only contain front-ends. A piece of code that you can almost automatically generate from the language specs. The back-end is the core part I would like to see to make my opinion (and fix bugs, and improve, etc). But these corporations don't want that. You end up trusting them with curious metrics (for a developper) : "I'm used to Nvidia products, they usually work well".

    International copyright laws

    I'm an European (French to be more precise). I'm not sure how I should handle your paragraph. It basically states that countries outside the US have no laws. As a spoker from 'dark warehouses in faraway places', I can testify that we do have laws. Some even prevent people from stealing.

    I'm being sarcastic because first I think you deserve it, and second because this kind of ignorance is what is playing against your 'open your software' argument. All countries (including non-democratic ones) have plenty of laws regarding copyrighted materials and IP protection.

    I'm disclosing all the software I write. It only takes two steps :

    - I'm applying a copyright, which says who authored the code and when. This let me claim my author rights anywhere on the globe.

    - I'm choosing a license which says how my material should be copied, distributed, and so on. I can do that because I'm the copyright holder. Now I juste have to find a good license which fullfills my need and is known to work in all courts (eg. http://www.gnu.org/licenses/licenses.html), or get a good lawyer write one for me.

    This reminds me of the NRA fanatics behaviour : they pretend they need guns to protect themselves before even knowing - or wanting to know - how their country is protecting them and if there's any danger in the first place. This harsh comparison emphasizes two key points : there are laws that protect you (or your IP), and there are not thieves at every corner of the streets.

    National Security

    I would insist more heavily on this point. National Security is the last domain I would ever like to see closed software. Thinking that my national secret services rely on software which are secret to them is either a joke or a nightmare. And eminent cryptologists have made their point clear since a long time : there's no security through obscurity, only insecurity.

    Already inspected

    Microsoft claims to closely inspect its software, and even launched a noisy campaign along the lines last year. Are you trusting Microsoft software ? I expect to get a full panel of anwsers from "no way" to "sure".

    Objective quality can only be achived via disclosure, and only if the disclosure is permanent. You can't pretend you gave the source code to a 3rd party QA company and they were OK. You must keep the inspection possible for anybody at anytime, else you can't build any trust. ISO QA certicates have provision for this : they are only valid if the contents are open and kept open.

    Now subjective quality is another point : many companies have their own QA certification process and will want to do the inspection by themselves. I have seen a bunch of them.

    There's no such thing as 'already inspected' software.

  204. Choice by ank2 · · Score: 1

    Open source licenses like GPL give freedom to the program by keeping it open. People don't gain anything, most barely know what code is. Developers can no longer re-sell code, whos going to want to buy it when they can already see it. So whos this helping?

  205. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  206. Re:Simple Answer by DavidTC · · Score: 1
    No, you said that you've 'paid for permission to use the binary'. That's not how copyright law works. You've paid for a copy of the binary, you don't need 'permission' to use it. You can do anything you want as long as copyright law doesn't make that action illegal.

    Don't confuse what I'm saying with advocating that companies should be forced to give out the source. I was disagreeing with what you said, not advocating anything. (Though companies should certainly have to give their source to the copyright office so it can be released when the copyright expires. That's the whole bargain, they get protection against copying and in return the public gets it after X years.)

    --
    If corporations are people, aren't stockholders guilty of slavery?
  207. Almost right by jelle · · Score: 2

    "the vendors might stop shipping us such lousy programs"

    Actually, probably a lot would stop shipping any programs. If they didn't, they would see their market suddenly swamped by remarkably similar 'clones' of their software... The lawyers of course would love something like that, more work for them...

    If you want to get higher quality programs, get a good support contract with the software maker so that they fix bug on the double when you report them.

    If that is not possible with the software make you're eyeing, then switch vendor or accept the software as-is.

    Support and warranty for the product that you're buying, that's how it works. There are too many 'release and run away' software releases out there, but that's the 'AS IS' sale, as clearly stated in the license. You can buy a car with a warranty, or buy it off a lot 'AS IS', same for software. You choose.

    --
    --- Hindsight is 20/20, but walking backwards is not the answer.
  208. If the shoe fits by mcgintech · · Score: 1

    *Disclaimer* No I did not read the article and don't care to at this point. I'm simply going to rant based on the premise that all source should be open and the opinion that the customer should always get the source if they pay for the software. *End Disclaimer*

    Contrary to popular Slashdot opinion, not everything can be labelled black or white. Should all source code be open? What are you a freakin imbecille? Hey, lets just make programming a worthless proposition by removing all value from it while we're at it!

    If I spend ridiculous amounts of time learning to program and analyzing a particular business problem in order to produce quality software which adds real business value and empowers my customers to provide their services/product in a more effective and efficient way, then why should I willy nilly give them or anyone else the source to this code? I have employees, a wife and 4 kids to support, thank you very much.

    I'm kind of amazed at the fact that I even have to explain this to anyone. There must be a lot of idiots in the world. Why aren't you demanding that DaimlerChrysler release all of their enginering documents and prototype information to you? After all, you bought the freakin car right?! Maybe less people would die in car accidents if YOU had access to the design and you could analyze it in your spare time right? You must be the same guy feverishly duct taping feathers on pigs.

    Look man, the only people who are going to look at this code are competitors and people looking to get something of value for nothing. Yes, there are some cases where the customer might find value in reviewing the code and/or changing it. In this case, they should PAY for that priviledge and pay well. God knows all it takes is one pimply tech to copy all the code and put it on the internet for fun. At this point, my Company's hard work has been for nothing and this could lead to real people losing income and the ability to support their families. Source has value, just like the personal information that Slashdotters cry about so much. The only difference between the two is that YOU are the only one who places value on your personal information. In the case of Source Code, a whole Company of people places value on it and depends on it to keep them in business.

    If you can't see why some source should be closed and remain the property of the person/company that put so much work into it then I suggest you give everything away that you consider to have value and go your merry little way!

    --

    Uhhhh, yeah, thath dithgustin. [The lady's man]

  209. Open Source Surgery by JSR+$FDED · · Score: 1

    Here is another take on that topic:

  210. the problem is copyright of binaries by Anonymous Coward · · Score: 0

    the problem is that some moron pushed for and got the ability to copyright compiled binary code.

    without that, if software were just like a book or painting where you can see the whole of it in front of you, the source code would have to be public for it to be copyrighted!