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Ernie Ball - Model For Open-Source Transition?

fr0z writes " Ernie Ball is a company that makes guitar strings. After being raided by the BSA in 2000 without warning and fined $100,000 for a few unlicensed copies of software, CEO Sterling Ball vowed not to give another cent to Microsoft and within 6 months, according to CNET News, had the whole company switched to Red Hat Linux, OpenOffice.org, Mozilla, and other free software."

30 of 869 comments (clear)

  1. Re:Oh, the irony of it.... by digitalunity · · Score: 4, Interesting

    Interesting that they even advertise here. Doubt their click-through is very good :)

    On a more serious side: The BSA is good motivation for people to quit the Microsoft Endless_Upgrade suite of software. Most (people/companies) will use whatever works, until it doesn't work. When you are fined $100K, it doesn't seem to be working very well. All a person needs is one good reason...

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  2. So... by Channard · · Score: 5, Interesting
    1. Get raided for using unlicensed software.

    2. Switch to Linux et al.

    3. Profit.

    Other companies have likely done similar but it's the publicity that counts more than anything - an actual success story with Linux from a company with clout should turn a few heards in the direction of open source.

  3. Oh come on by panurge · · Score: 5, Interesting
    The BSA went after him because he was well known and too small to fight back. They wanted publicity. I wonder how much of the illegal software was actually being used?

    If is true that if you have to pay the legal expenses of the BSA while they prosecute you, then it is time for a flood of feeble "In Soviet America" jokes. Perhaps someone who is a lawyer could explain the situation?

    --
    Panurge has posted for the last time. Thanks for the positive moderations.
    1. Re:Oh come on by 2Bits · · Score: 4, Interesting

      Oh yeah, I can tell you that in all the companies that I've worked for, small (from 10 people) and large (up to 20K people), every company has a ton of illegal softwares running around.

      I recently worked for a large british corporation (recognizable if you read news!) as a technical consultant. I was working on a project, and I need to write documentation for the customers, and with it some pretty tedious diagramming. And I asked my boss to purchase a copy of Visio and she was like, what the fuck are you talking about? No question about spending money on software. Here, take this copy of Visio2000, the S/N is in there. I asked where did she get the copy from, well, it was from one of her friends, who copied from her company's CD, which is copied from another employee's friend CD. And who knows that CD orginally came from. And that's not the only piece of softwares required in that project we didn't buy: we didn't buy Sybase, we didn't buy JBuilder, and we didn't buy Merant JDBC driver either (coz two DBs, sybase & ms sql, must be supported), and we didn't pay for MS SQL either. Oh, did I tell you WinXP on that laptop has no valid license too coz someone insisted that we upgraded to WinXP from Win2K? I proposed to do the project with Emacs + Ant + JDK, and no need of JBuilder, and the boss insisted on JBuilder, coz it looks "professional" (she couldn't even read a single line of code!). You might think it's just my boss who is too cheap, but as far as I know, other people in other groups do that too.

      And that's not the only company I know which did that.

      And we were professionals (as in software professionals) and we were supposed to know better (or at least, know the license better). And that's what we did. Now imagine the guy who is not in the software industry.

      I'm not saying that as an excuse, as I'm not proud of that. I tried to get valid software licenses, but when you got shot down everytime (even by the boss's boss, and higher), and you have everyone's breadth on your neck about that project, you do the god damn thing. Good thing I'm out of there fast.

      But as far as I know, I never heard of the big guys (think HP, IBM, GE, P&G etc) got raided. Why is that?

  4. We've done this in the UK several times... by Alkarismi · · Score: 4, Interesting

    We have a number of medium sized enterprises *fully* migrated to Open Source software, and running *way* better on it.
    Our best known (in the UK at least) case study is here.
    In fact the Group consider Open Source to not merely be a 'substitute' for Microsoft Software, but to have delivered far more real, measurable business benefit than they ever received as a Microsoft Shop.
    I am glad Ernie Ball are receiving this great press for their *complete* migration, but they are by no means the first (or the last!) decent-sized enterprise to have done this.

    1. Re:We've done this in the UK several times... by Alkarismi · · Score: 3, Interesting

      Hey, pedant away ;) You're essentially correct although the case *does* needs a little updating ;)
      Whilst it's true that the majority of the desktops are Windows, KG Group have now replaced large numbers with GNU/Linux and MacosX in the places that make the most sense.
      The main thrust of the desktop takeover has been the apps. IE and Outlook have long since been replaced with Mozilla. Openoffice is spreading fast, and we are currently migrating access-based databases to LAMP! At this stage the underlying desktop becomes irrelevant and GNU/Linux for everyone becomes easy.

  5. Fantastic Open Source Advertising Opportunity by mattr · · Score: 5, Interesting
    If we have things like the Perl Foundation which can afford to pay computer scientists salaries, and legal defense from the FSF or perhaps funded by RedHat, it is not a great leap to recognize the possibility of advertising for open source business solutions paid for by the community.

    Mr. Ball sounds like a practical businessman, he sounds passionate and as if he enjoys what he does. I wonder if he would be receptive to a business proposition in which he would be featured in commercial advertisements and perhaps provide more precise figures about what it costs him (as he said that analysts are too pessimistic).

    As more people like Mr. Ball speak out, the open source community is gaining more people who understand business and can convince other businesses. This man understands that free software can still cost money, and he has the personal experience and business acumen to be able to boil things down to the most important, concise points. He mentiones several important points in his interview, and probably has tons more knowledge that would be useful to making open source a better business solution, and making open source profitable.

    It might not be such a bad idea for companies and individuals who are considering funding open source projects to listen to such people when considering project goals. And it would not be so difficult for free software organizations to initiate commerical projects including creating advertisements and articles based on solid, no-nonsense business cases for open source featuring real-world successes like Ernie Ball.

    1. Re:Fantastic Open Source Advertising Opportunity by Zachary+Kessin · · Score: 3, Interesting

      A smart company would find people like Mr ball and talk to him at length. What features does he want, what parts do his users find good bad etc. Linux is good but not perfect, lets talk to the folks who use it as a desktop for end users and see what they need. I see an opertunity here for some one if they are smart enough to take it.

      For example it sounds like we need better accounting software. There is a place where someone could do some useful work. (With luck someone who knows something about accounting)

      --
      Erlang Developer and podcaster
  6. Re:well he couldv'e seen it coming by KingDaveRa · · Score: 3, Interesting

    Hear Hear!

    Keeping track of software licenses and so on is a real pain in the neck. So-much-so, MS will sell you tools to help you do it. Isn't that nice of them?

    I like the way he's (Ball) looked on this though. PCs and their software are just tools. Does it matter what it is, as long as it does the job cheaply and effeciently? How many people have I asked what version of Windows/Office they have on their PC and receive the reply "Microsoft"? Far too many. Companies buy Microsoft because that's what you buy. Same way people only bought IBM PCs because nobody ever got fired for buying IBM.

    Just wait, it'll all change.

  7. he owes his business to Microsoft by DuctTape · · Score: 5, Interesting
    A more enlightening part of the article:

    But I've got to tell you, I couldn't have built my business without Microsoft, so I thank them. Now that I'm not so bitter, I'm glad I'm in the position I'm in. They made that possible, and I thank them.

    I'll take that to mean that when he needed the software that Open Source wasn't around yet. But I wonder if we'll see that quote used by Microsoft anyway.

    DT

    --
    Is this thing on? Hello?
  8. Re:More raids please by madfgurtbn · · Score: 5, Interesting

    RTFA. He says the change started as emotional and reactionary, but now he is reaping financial and managerial rewards of his hot-headed decision.

    The best part of the article, though, is here:

    The other thing is that if you look at productivity. If you put a bunch of stuff on people's desktops they don't need to do their job, chances are they're going to use it. I don't have that problem. If all you need is word processing, that's all you're going to have on your desktop, a word processor. It's not going to have Paint or PowerPoint. I tell you what, our hits to eBay went down greatly when not everybody had a Web browser. For somebody whose job is filling out forms all day, invoicing and exporting, why do they need a Web browser? The idea that if you have 2,000 terminals they all have to have a Web browser, that's crazy. It just creates distractions.

    Remember this next time someone does a TCO study. Betcha they don't count the actual productivity of the users as part of TCO.

    --
    Send lawyers, guns, and money. Dad, get me out of this.
  9. Amen! by jedrek · · Score: 4, Interesting

    [...] the developers need to start writing the real-world applications people need to run a business...engineering, art and design tools, that kind of stuff...They're all trying to build servers that already exist and do a whole bunch of stuff that's already out there...I think there's a lot of room to not just create an alternative to Microsoft but really take the next step and do something new.

    This is the argument I always get into when my friends ask me why I don't use Linux or BSD or whatever. There is not enough non-server software out there. GIMP is pretty much the only raster graphics package out there, Win32 has Photoshop, Paint Shop Pro, Corel Photo Paint, Fireworks, Painter, etc. I can chose between Illustrator, Freehand and Corel Draw for vector graphics. Combustion, Avid, Premiere, After Effects, etc. It's all good and fine that I can write a letter, do my taxes and the like on a *nix machine, but I need to actually work now and then and the applications *still* aren't there.

  10. Re:That's sweet but... by Talthane · · Score: 5, Interesting

    I found his answer to the question (paraphrased) "did you find everything you needed from open source?" was a good point; that most OSS is developer-centric. Check out SourceForge for the number of PHP content management systems, for example. Yikes, what's an OSS advocate to do...

    On the other hand, where I work (UK public sector) is desperately short of money, composed of lots of small organisations who can hire one or two developers each at most, and yet very tight-knit - there are partnerships going on all the time. One of the things we're after is records management - document management on stereoids, if you like. Unfortunately, there's no OSS equivalent for me to recommend to others in the partnership.

    Are content management systems all that exciting to code? I dunno (and I've written one)..but I think the OSS world needs to branch out into other markets beyond the "let's fork another HTTP server and put Linux on an iPod" type of project - surely the only way to reduce Microsoft's ubiquity is to be a ubiquitous alternative yourself? How about some OSS records management, workflow, online forms, asset management, planning applications, licensing apps?

    PS: If anyone knows of such OSS projects, advice gratefully accepted... :-)

    --
    "This is why men never share their feelings; because women always remember." -Just Shoot Me.
  11. Re:RAIDED!!! by Anonymous Coward · · Score: 5, Interesting

    when did the BSA (Boyscouts of America) start doing raids?!?

    A friend of mine got "raided" once. In Holland, they
    do this by saying that they will charge them with a crime. If the victim doesn't happen to know that the BSA is a commercial organisation and therefore doesn't have that power, the victim will let them in and they will gather evidence which will then be used in a civilian lawsuit. If you don't let them in, nothing happens, because they know that the public prosecutor is not going to bother with these cases and they don't have any other way to force you to reveal the incriminating information.

  12. Good for them! by Tinfoil · · Score: 4, Interesting

    I have had to take a heavy hand to the machines and employees here a few times in recent past due to unlicensed software usage. A couple people took it upon themselves to install copies of Autocad on their machines to 'improve their efficeincy'. We do have a couple AC licenses, but not for these machines. One person was suspended the other just given a warning.

    As a geek, Ernie's story is pretty cool, and I am happy to say I support the company financially as well by buying their strings.

  13. Re:Oh, the irony of it.... by clare-ents · · Score: 3, Interesting

    No it isn't,

    1: I have five computers. A sixth person joins my company so I buy them a new computer to use.

    2: I have five computers. One of them breaks and needs to be replaced.

    In both cases they'll need the same OS as the other machines even if they have newer physical hardware.

    --
    Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
  14. Most Important Statement in the Interview by toupsie · · Score: 4, Interesting

    Yeah, there are some things that are tough to find, like payroll software. We found something, and it works well. But the developers need to start writing the real-world applications people need to run a business...engineering, art and design tools, that kind of stuff...They're all trying to build servers that already exist and do a whole bunch of stuff that's already out there...I think there's a lot of room to not just create an alternative to Microsoft but really take the next step and do something new.

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
  15. Re:More raids please by Zro+Point+Two · · Score: 3, Interesting

    At my last job, we didn't install restricted versions of 98, instead set the firewall up so that those machines that didn't need the internet couldn't access it. Everyone was still able to access the internal web site for various company related things, but there was no way to browse the net from them.

    Worked good for us.

    --
    Zro . two

    "I come from Canada...they say I'm slow....eh?"
  16. Re:That's sweet but... by phurley · · Score: 4, Interesting

    But you are both missing the point. The vast majority of OSS developers write software for their own needs and wants. When I write free code, it is for me and/or for my friends. If you want a record management package - pay for it. Now the question is how it gets paid. If there is a real need then the organizations that want/need it can fund a developer(s) to write and customize it for them. OSS does not mean you can make me change my hobbies and interests to do free (as in beer) work to meet your needs.

    The real power of OSS is that you get to build on the wants and needs of everyone else - you can be (you are welcome to assist too) a free loader if everything you need is already done. If not you can ignore OSS because the package(s) you need are not sitting out there (and turn around and pay for closed source packages) or you choose - either on your own or in concert with other people of similar needs to develop the base. In the long run, I believe virtually all general purpose software will have powerful OSS choices available as will most niche software, but this will take time - and first adopters will out of necessity contribute more so their own needs are met. Eventually more stories like this one by bigger and bigger companies will develop.

    I am still waiting for a huge company (e.g. General Motors) that has clout to pull its suppliers along with it to make a long term commitment - the cost to a really big company when they do decide to upgrade their platforms (say from Win98 to WinXP) is enourmous - and the software cost is only a small part of that - at some point they will add it up and realize that they already have 99% of the support infrastructure in place they can save millions of dollars a year (which can fund internal or external development of they applications and customization that they require) and gives them long term control of an integral part of their business that they currently give to Microsoft.

    --
    Home Automation & Linux -- now I know I'm a geek
  17. Don't use the computer for relaxation! by Anonymous Coward · · Score: 5, Interesting

    Wouldn't going to the cafeteria or out on the balcony for a 10 minute talk, laugh, cup of coffee or a smoke help someone relax better than playing Minesweeper or browsing the Web? It would helps the body and the mind better than keeping on crouching in front of the computer. I've seen a company once where they had a lounge room complete with toy basketball sponge ball and hoop. As long as people remind to not abuse the privilege it works better than anything they could've done on their PC to "relax".

  18. Re:Oh, the irony of it.... by Safety+Cap · · Score: 5, Interesting
    Is that why the last three versions of the Word, PowerPoint, and Excel formats haven't changed?
    Uh-huh.

    What about the rest of the Office "family"? Both Access. and Project have changed file formats. Sure you can downgrade when you save your files as previous versions, but you lose many of the features that are available in the newer version -- essentially crippling your software.

    Why did you spend $500 for crippled software again?

    The last, most compelling reason why you must upgrade is that when your copy of office hits the End-of-Life (c)(r)(tm) stage, then you can kiss support, PATCHES and tools goodbye. Hope you didn't need a security patch for your software, 'cause it is EOL'd. Sucker.

    --
    Yeah, right.
  19. Re:I'm switching by zoid.com · · Score: 4, Interesting

    You are right. Next time I need strings I'm buying Ernie Ball even if they are a couple of dollars more. I'm going to support these guys.

  20. Now I'm confused by Jeff+Kelly · · Score: 4, Interesting

    If I have read the Article correctly the BSA was accompanied by armed marshals and therefore must have had a search warrant for the offices of Ernie Ball. What I do not understand is why the BSA even could get such warrants.

    In Germany where I live only the district attorney can issue such warrants and only the police or federal agencies may search buildings using that warrant. The person(s) who made the allegations may not even be present during the search.

    And since shrink-wrap licences are (still) illegal in germany the BSA would not even get the district attorney to issue such a warrant since only common contractual law applies to software purchases.

    So they can go to my office but I don't have to let them in.

    Giving some pressure group federal powers seems a bit odd to me.

    1. Re:Now I'm confused by jasenj1 · · Score: 5, Interesting

      Oh, see we in America have this thing called "freedom". It lets the government give powers to non-government entities like the BSA, RIAA, MPAA, etc. As the EU picks up speed, you should be experiencing such "freedom" soon, too. - Jasen.

  21. Gan we get a Slashdot Interview here? by Jonny+Royale · · Score: 5, Interesting

    I realize this may be slightly off-topic, but could someone from /. get that IT department to possibly field a few questions? Such as how they planned & executed the move, the size of the installed base, etc...I'd really like to see how they got that move made so fast.

    1. Re:Gan we get a Slashdot Interview here? by Alkarismi · · Score: 3, Interesting

      If Eddie Ball's IT department don't wish to do this - or even if they do ;) - we'd be happy to field a UK equivalent IT department *quite* happy to answer questions on a whole company migration to OSS.

  22. Thanks to Congress,... by LittleGuy · · Score: 3, Interesting

    ...the Deck is stacked in favor of BSA:

    Did you want to settle?
    Never, never. That's the difference between the way an employee and an owner thinks. They attacked my family's name and came into my community and made us look bad. There was never an instance of me wanting to give in. I would have loved to have fought it. But when (the BSA) went to Congress to get their powers, part of what they got is that I automatically have to pay their legal fees from day one. That's why nobody's ever challenged them--they can't afford it. My attorney said it was going to cost our side a quarter million dollars to fight them, and since you're paying their side, too, figure at least half a million. It's not worth it. You pay the fine and get on with your business. What most people do is get terrified and pay their license and continue to pay their licenses. And they do that no matter what the license program turns into.

    Question is, even if you win, do you still have to pay the BSA lawyers?

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  23. Nail your boss? by fishbowl · · Score: 3, Interesting

    That's what you get for creating disgruntled employees...

    Still, unless you have a prosecutor willing to prosecute a crime, (a *CRIME*, not a civil matter), and unless you have a magistrate willing to hear the case, there should never be a search warrant issued for anything!

    I hear about "BSA" raids, but they are really government raids with the BSA acting as a witness for the prosecution. The prosecutor is never named in these articles. Neither is the judge who signed the order.

    --
    -fb Everything not expressly forbidden is now mandatory.
  24. Re:More raids please by m_evanchik · · Score: 5, Interesting

    Even with a $100,000 fine, the interviewee, Sterling Ball, said that he is ahead of the game financially by switching to open source. That is pretty amazing.

    His company should consider starting up a subsidiary that switches business over to free software. He's got the expertise, he should leverage it.

  25. So how do I earn a living? by Aidtopia · · Score: 5, Interesting
    Microsoft and some analysts will tell you about all the support calls and service problems. That's hysterical.

    My biggest reservation about open and free software is that it's not obvious how I would make a living if the whole world switched. Programming is my most marketable skill* and has kept me employed for many years. I know Stallman says that we could make money supporting free software and filling in the holes, but I've always been skeptical of the demand. Ernie Ball seems to support my concern.

    * My other career option is writing. That doesn't pay the bills, and, if we totally kill rather than fix copyright laws, it'll never pay.