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Developers Lose With Proprietary Software

An anonymous reader writes "Appgen looked like a nice cross-platform accounting program independent software developers could use as a base for custom applications, and lots of them paid $2000 or more for the company's development kits. Then Appgen went out of business and left all those developers stranded. They can't even generate license keys, and their support has disappeared. Nobody knows who now owns Appgen's code, so it looks like all those developers and their clients are screwed. This couldn't happen if Appgen was Open Source. There's a strong lesson in this story for those who choose to listen." Newsforge and Slashdot are both part of OSDN.

394 comments

  1. ... news at eleven. by ultrabot · · Score: 5, Informative

    Don't be a Sharecropper.

    --
    Save your wrists today - switch to Dvorak
    1. Re:... news at eleven. by CAIMLAS · · Score: 1

      That's a wonderful term to use! The MPAA and the like are using "pirate" (and misusing it, I might add), but "sharecropper" is a perfectly appropos term to use in reference to people that develop for closed platforms. Hopefully it will catch on. Maybe one day we'll see computing companies advertise things like, "We don't use sharecropping technology, so you can always depend on our products in the future." as marketing drizzle, and people will understand it.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    2. Re:... news at eleven. by Fnkmaster · · Score: 1
      Sorry, that page's arguments don't make sense. It basically argues that developing for the web is empowering for users and makes for more profitable software development, whereas developing thick client applications is disempowering for users and makes for less profitable software for developers. Oh yeah, unless you write server side Unix code, in which case whatever you do is good.


      Uh, whatever happened to using the right tool for the right job and making sensible engineering and business tradeoffs? Some applications are amenable to delivery over the web, and many are not. Richer, more powerful GUIs are right for some applications, whereas they just add unnecessary cost, complexity and support issues for others. Nobody has come up with a viable web-based office suite, and they won't (subject to current definitions of "the web"). Nobody has come up with viable 3D graphics applications for the web - and they won't (delivery into IE-only plugins notwithstanding - just having your app run in a browser "shell" doesn't make it a web application).


      Writing Win32 GUI applications may suck, but that's the biggest desktop market right now, and if you need to create applications that run on people's desktops, you won't make much money if you insist that you won't be a "sharecropper".

    3. Re:... news at eleven. by Anonymous+Cowtard · · Score: 1

      The MPAA and the like are using "pirate"

      Ignore hte evolution of the language all you want, but:

      "3. One who makes use of or reproduces the work of another without authorization."

      From: Dictionary.com

      And it's not like that use is a recent language change.

    4. Re:... news at eleven. by Feztaa · · Score: 2, Insightful

      whatever happened to using the right tool for the right job

      I think what he was trying to say is that the Right Tool stops being right when you're not allowed to use it anymore (ie, if the company folds).

      Therefore, it's better to use a tool that's 90% right, if it'll be there forever, as opposed to a tool that's 100%, but might be gone tomorrow.

    5. Re:... news at eleven. by Anonymous Coward · · Score: 0

      Did you choose a comma instead of a period and fourth sentence after 'run-on' for effect, or to draw a ripost?
      Grammar & Spelling Fascist #7

    6. Re:... news at eleven. by Anonymous Coward · · Score: 0

      What makes the browser-based solution less likely to be gone tommorow?

    7. Re:... news at eleven. by Anonymous Coward · · Score: 0

      Well, until the open source stuff improves from its current "20% right" position for most uses, I think people will continue to buy the "100% right" solution that will in all likelihood be here for years to come.

      How often does this happen? Almost never. Thanks for trying to spin it for OSS, though.

    8. Re:... news at eleven. by Feztaa · · Score: 2, Informative

      Well, that's what this whole article is about.

      This Appgen company, sold a proprietary product that developers depended on. Then they disappeared, and now the developers are in a bind. They've sunk a lot of money into it, and have nothing to show for it.

      Browsers, on the other hand, come in many varieties, many of which are open source. The fact that there are open source browsers means that the browser will *always* be there. Mozilla isn't going to disappear overnight, because the code is in the wild. Even if all the developers quit tomorrow, somebody, somewhere could easily pick up where they left off. In other words, you can't kill an Open Source project (they can die on their own right through lack of interest, but they can't actively be killed).

      That's why developing for appgen makes you a sharecropper, while developing for the web does not.

    9. Re:... news at eleven. by Feztaa · · Score: 1

      Bzzt. Wrong. You lose, but thanks for playing.

      Windows is hardly "100% right". Unless you *want* all those viruses and crap. I don't.

      Linux is "100% right", for me at least. I haven't owned a PC with Windows installed on it for 3 years.

      Something that does everything I need to do can hardly be described as "20% right"

    10. Re:... news at eleven. by drauh · · Score: 2, Funny

      Therefore, it's better to use a tool that's 90% right, if it'll be there forever, as opposed to a tool that's 100%, but might be gone tomorrow.

      Yeah. That's why I wear only my non-running analog wristwatch. It's absolutely right twice a day, and it will always be that way.

      --
      This is a tautology.
    11. Re:... news at eleven. by Anonymous Coward · · Score: 0

      On the other hand, I assume java and the web-scripting languages didn't give the same framework that Appgen did. So you might as well just say, don't share crop, write your software from scratch.

    12. Re:... news at eleven. by mpe · · Score: 1

      Therefore, it's better to use a tool that's 90% right, if it'll be there forever, as opposed to a tool that's 100%, but might be gone tomorrow.

      If your system is based on a proprietary platform you are totally at the mercy of that supplier. Why should any sane business make themselves relient on any single supplier?

    13. Re:... news at eleven. by Feztaa · · Score: 1

      Why should any sane business make themselves relient on any single supplier?

      They absolutely should not, if they feel like having any long-term relevance.

      This what makes Open Source so good, though; there's no such thing as a single supplier under the GPL, anybody can be a supplier, for any program.

      Eg, if you run Mandrake, and MandrakeSoft folds, all the component software on that system will still be developed by the developers. You could even pay some other company (like RedHat) to help you with the mess that Mandrake left before for you when it died.

      A more extreme and contrived example... if Linus Torvalds himself were assassinated, it wouldn't really stop Linux development. There might be some slowdown as the community re-organized itself, but there are a lot of developers with their own kernel trees that could easily become the "official" tree.

  2. Let's all... by Anonymous Coward · · Score: 0

    buy Microsoft then - there's no way they are going to go out of business like that!

    1. Re:Let's all... by Helter · · Score: 1

      Ummmm, they specifically *threatened* to do just that not too long ago.

    2. Re:Let's all... by Anonymous Coward · · Score: 0

      I wish they had *promised*.

    3. Re:Let's all... by hyperstation · · Score: 1

      link please. i want to read the text of a 300 billion corporation threatening to "go out of buisiness".

    4. Re:Let's all... by Anonymous Coward · · Score: 0

      Alec Baldwin "promised" he'd leave, and the wanker is still here! Guess we'll elect Jeb after Dubya finishes his second term. Maybe Babs will leave as well....

    5. Re:Let's all... by Anonymous Coward · · Score: 0

      No link, but IIRC, it was a joke made by a top MS exec

    6. Re:Let's all... by Anonymous Coward · · Score: 0

      Microsoft makes a lot of jokes.

  3. Source code escrow by sphealey · · Score: 5, Insightful
    This couldn't happen if Appgen was Open Source. There's a strong lesson in this story for those who choose to listen.
    Yes, the lesson is: don't buy a propriatary app without a 3rd party source-code escrow agreement. That was figured out around 1965.

    sPh

    1. Re:Source code escrow by AKAImBatman · · Score: 1

      Actually, the article states that several Value Added Resellers had contracts that specified Escrow of source code. They didn't expand on it much, but it sounds like the "Escrow" was a sham into itself.

    2. Re:Source code escrow by RocketJeff · · Score: 4, Informative

      Never agree to a source code escrow agreement that doesn't call for periodically audits of the escrow. If you don't audit the escrow, don't depend on it really existing.

      It's just like doing backups - if you never test your backup, it won;t work when you need it.

    3. Re:Source code escrow by sphealey · · Score: 1
      but it sounds like the "Escrow" was a sham into itself.
      Good point. I had thought to say "with a reputable third party", but the only unimpeachable third party I could think of was Arthur Andersen...

      sPh

    4. Re:Source code escrow by AKAImBatman · · Score: 2, Informative

      Hindsight is 20/20. Given the apparent vigor of AppGen, I'm sure that the VARs weren't concerned that this would happen. Only experience teaches you that appearances can be deceiving.

    5. Re:Source code escrow by Anonymous Coward · · Score: 0
      Or buy from people that won't go bust.

      A slashdot article that can be used to justify buying Microsoft. Hell has frozen over.

    6. Re:Source code escrow by Prof.Phreak · · Score: 2, Informative

      Yes yes, it all works in *theory*.

      I'm now a project manager on a project where we just need to make some slight changes to a pre-built app. We have no documentation, (no docs of ANY kind), we got 24MB of source files that plain don't compile (even under their 'intended' environment), and we got a 70 table db schema; again, no documentation. The company hasn't been in business in MANY years, and was bought out, and the parent company doesn't care to fix the app (or send documentation). Better yet, the developers are nowhere to be found.

      What if this was an Open Source project? At the very least, I could've compiled it! It's a 1 week job that will probably end up in rewriting the whole application from scratch (if we can get the funding for it; otherwise this particular government agency will run with such poor code until another person stumbles into this mess).

      Having code doesn't mean a thing if it doesn't work (or only works with some proprietary tool that nobody uses).

      (and on another project I've been on [similar situation], they didn't even have the source code; to save money, they decided to live with the old system/bugs/issues).

      --

      "If anything can go wrong, it will." - Murphy

    7. Re:Source code escrow by Lumpy · · Score: 1

      no the lesson is not researching your plan and purchase before you move ahead.

      My company looked at appgen a while back. they were all ready to management-esque buy it without asking us tech's based soley on the marketing materials.

      I stopped them 2 weeks before purchase by barging in a meeting and asking who thought that appgen was a good idea?

      I presented them with the fact that if the company goes away we will be royally screwed. displayed the fact that software that requires a key for US is a really bad idea espically for a product we are looking to sell.

      needsless to say, we did NOT buy the appgen kit and licenses.. but deveopled in house a SQL based solution instead.

      This is nothing more than a big "I told you so" to everyone out ther ethat did not weight the risks of appgen before they bought into it.

      --
      Do not look at laser with remaining good eye.
    8. Re:Source code escrow by RocketJeff · · Score: 1

      >> Given the apparent vigor of AppGen, I'm sure that the VARs weren't concerned that this would happen.

      Again, a lot of companies are have problems because they think their data backups are working (up until they need to access them...).

      Insuring that software escrows are occuring (and audited) is a part of doing business. If they ignore this important part of doing business, what other things are they ignoring?

    9. Re:Source code escrow by Chazmyrr · · Score: 2, Informative

      Another lesson is: don't buy a proprietary app from a company until that company has been evaluated for stability and the company has posted a bond against non-performance.

      We don't buy applications from anyone that hasn't passed a strict evaluation. Financial stability, current or pending litigation, etc. If there's any chance at all they won't be around in a couple years, we don't use their products.

    10. Re:Source code escrow by zog+karndon · · Score: 1

      Even if it was Open Source, you probably couldn't compile it, either. I've got a lot of old (pre-ANSI) C code that certainly won't compile on GCC 3.1, at least with the default flag settings. There are a lot of abandoned Open Source projects that are nothing more than a pile-o-bits.

      (Ask NASA about the early Voyager tapes. They can't read them any more, because they don't have the tape drives; even if they did, the tapes only make sense under a particular hardware/OS/program combo, which they don't have, and nobody remembers how to recreate.)

    11. Re:Source code escrow by fitten · · Score: 1

      Yeah, this is what I was gonna say. We sold a commercial application and a part of selling it was the escrow clause. When we were bought by the competition and closed down, all those who bought it had the source code to it.

      Just sounds like a post saying "these people were stupid".

    12. Re:Source code escrow by Anonymous Coward · · Score: 0

      Uhhh, yeah...And the underlying database technology that Appgen uses was developed 2 years later, by Dick Pick. Appgen is PICK rewritten in C. Do you think anyone will pay big $$ for this product? I don't think so.

      As for escrow agreements, face it- if a company doesn't want to make good on their agreement, there is so much they can do to put the process on hold.

    13. Re:Source code escrow by SpaceJunkie · · Score: 1

      Umm - if the project was useful, and popular, it would have been maintained by the open source community. There are some obscure open source packages whos code is very hard to find, and whose developers are even harder to find. If a company is developing against something like this(an pen source projects),then undoubtedly with many years usage they will have bug fixes - and give those back to the community.
      The voyager problem is simple - document, and log what you did. If I install an OS then select a bunch of packages, tune some config files to create say an intranet app - then I log every step of the way - for me - I can retrace/backtrack my steps if it goes tits up, and other people can recreate it when its gone. That includes hardware if it is relevant as well.

      --
      OrionRobots.co.uk - Robots From sol
    14. Re:Source code escrow by Johnny+Mnemonic · · Score: 1


      I'm going to call BullShit on you, sir. Are you going to tell me that you didn't purchase Microsoft products during the Monopolistic Practices hearings? For awhile it looked like there was a good chance that Microsoft was going to be split. That judgment was even entered, I believe, but was overturned on appeal. Certainly the future shape of Microsoft was in doubt for some time.

      --

      --
      $tar -xvf .sig.tar
    15. Re:Source code escrow by arb · · Score: 1

      From reading the article it seems that many of the VARs accepted AppGen's word that the source would be placed in escrow. To just accept the word of this company was reckless behaviour. Get it in writing, and get your lawyers to go over the terms to make sure it is all kosher.

      I feel sorry for the people who are out of pocket over this, but failing companies will quite often say whatever they need to in order to make a sale and get the money out of the customer. If you don't get it in writing, don't expect those promises to be upheld.

      This is not so much about the difference between open-source and closed-source, but ethical business practices. To continue to accept orders up until the time you close your doors in this way seems to be just a tad illegal. There are shysters out there feeding off the open-source community as well. (ie SCO)

  4. From a Real World Experience... by Black-Man · · Score: 5, Insightful

    We gave our source to our paying customers when we decided to drop the product and switch directions.

    Everyone seemed pleased with the arrangement, even though I doubt they were pleased when they got the gazillion lines of C++ code without support.

    And to think my idea of going open source was ridiculed by management 6 months before we flamed out.

    Sheesh...

    1. Re:From a Real World Experience... by Anonymous Coward · · Score: 0

      99% of the other software companies out ther that fail are asshats and will never EVER do this.

      It's always been that way and always will be.

    2. Re:From a Real World Experience... by Anonymous Coward · · Score: 0

      Everyone seemed pleased with the arrangement, even though I doubt they were pleased when they got the gazillion lines of C++ code without support.

      I don't think the company ever read that code. They probably just handed it to other developers so they could pay them for support and keep using the app.

      The question is, which license did you give them the code under? BSD, GPL, LGPL...?

    3. Re:From a Real World Experience... by Anonymous Coward · · Score: 0

      A company I used to work for used some moderately well known closed-source search engine software.

      We spent a lot of time debugging it for them and when we finally got it bug-free and wanted to switch back from Solaris to Linux (we originally licensed the Linux version) the account manager stalled.

      He said he wanted to "talk with us first". He tried to get commitments to upgrade, and all kinds of nonsense, we just wanted to use their system we had debugged for them, and paid for, we didn't want a new version yet.

      He wouldn't budge, in the end we told them to get lost. Luckily a while before, for a few months they open-sourced their product, it now exists as "xapian" (www.xapian.org) and we use that.

      I told them if they would give commercial support for xapian we would probably buy support from them, but after having our project stall for 6 months we weren't going back to closed source with THEM.

      [This paragraph is hear-say, I can't account for its veracity]
      A while later I heard from another search engine salesment (from a good company with good products) who knew our old account manager, that the old account manager had told him that because we had just been bought by a bigger company, he would go and sting us for a million pounds - for nothing - just because we had been bought for loads of money.

      Well it never worked out that way, and we since hired for a while a skilled developer from the old search enine company to do some custom work for us on xapian.

      Xapian is still developed by some of its original developers and by its customers and users. It is a very good search engine system.

      The lesson to me is NEVER EVER to proprietary closed source unless there are compelling reasons to do so.

      The most ironic part is, if the account manager hadn't been so tight we probably would have upgraded later anyway, but perhaps they needed the money there and then.

    4. Re:From a Real World Experience... by Anonymous Coward · · Score: 0

      No, that's really not the question. It was probably given sans license period. As in, "here it is, as is, do with it what you will, we are no longer involved."

    5. Re:From a Real World Experience... by yerricde · · Score: 1

      It was probably given sans license period.

      "Sans license period" is actually quite strict.

      As in, "here it is, as is, do with it what you will, we are no longer involved."

      What you described in this sentence, on the other hand, is a BSD style license.

      --
      Will I retire or break 10K?
  5. Speaking of Losers: +1, Patriotic by Anonymous Coward · · Score: 0

    Users lose with proprietary software.

    Thanks in advance,
    Kilgore Trout

    George H. W. Bush - Not much
    George W. Bush - Even less!

  6. As long as they open source after they go under by Anonymous Coward · · Score: 2, Interesting

    The place where I work used a proprietary closed source library for Borland C++ Builder. The project was developed 5 years ago and the library was purchased from some vendor whose name I forgot.

    When faced with updates to the version 2.0, we found out the vendor went bankrupt. Luckily, they open-sourced the libraries and just put them up on SourceForge. I didn't really use their source code, just was thankful the libraries were there andfit the project under Borland C++.

  7. Source Code Escrow by bcolflesh · · Score: 1, Redundant

    Developers in this situation should examine this type of arrangement:

    http://wombat.doc.ic.ac.uk/foldoc/foldoc.cgi?sou rc e+code+escrow

  8. Good news for the big developers by whoppers · · Score: 1

    Looks to me like this sorta thing will crush small developers and move everyone to closed source outfits that'll never close their doors (M$ & the like). We're all sheep being herded by the mighty corporations.

    1. Re:Good news for the big developers by Short+Circuit · · Score: 1

      I might sound crazy, but I bet Microsoft will be a lot worse off once they're no longer able to maintain a lock-in for their client base.

  9. Developers Lose With Proprietary Software??? by Anonymous Coward · · Score: 0
    Newsforge and Slashdot are both part of OSDN.

    Yes, slashdot and newsforge would love to see proprietary software go away because then it'll help their bottom line if people go with their open-source solutions.

    Nice to see slashdot shilling reach a new low.

    1. Re:Developers Lose With Proprietary Software??? by Anonymous Coward · · Score: 0

      Slashdot is owned by a company that makes the proprietary SourceForge software.

      And when they finally go under, not only will micheal finally be unemployed, thousands of open source projects will be crushed.

    2. Re:Developers Lose With Proprietary Software??? by duffbeer703 · · Score: 1

      Are you trying to saw that Slashdot is run by a bunch of hypocrites?

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    3. Re:Developers Lose With Proprietary Software??? by bhtooefr · · Score: 1

      proprietary SourceForge software.

      Umm, what was that?

      (SF.net project, SF.net source project)

    4. Re:Developers Lose With Proprietary Software??? by Anonymous Coward · · Score: 0

      Can you read?

      The last source release was November 4, 2001. This is not what they are selling to customers.

    5. Re:Developers Lose With Proprietary Software??? by arb · · Score: 1

      Are you trying to saw that Slashdot is run by a bunch of hypocrites?

      Surely you jest?! That cannot be true! Slashdot run by hypocrites? Never!

  10. of course it couldn't happen if it was open source by Anonymous Coward · · Score: 0

    they would have been out of business much quicker

  11. .net by heroine · · Score: 2, Insightful

    This is a ripe story for a weblog which covers .net more than any other framework. Funny how no-one ever questions whether the .net we've been getting told to learn or face certain doom might be canned and never heard from again by its owner.

    1. Re:.net by Anonymous Coward · · Score: 0

      wake up.

    2. Re:.net by Anonymous Coward · · Score: 0

      unless the .NET becomes WINME

    3. Re:.net by butane_bob2003 · · Score: 1

      Agreed. As a J2ee developer, I would have been completely stuck on some problems in the past if I didnt have access to the Java and J2ee sdk's source code. I simply would not have been able to pull off some of the things I did. Also, during development I've fixed bugs in open source packages as I needed to, contributed the fixes/bug reports back to the project and continued on my way. This is simply impossible with .NET and any closed source software. If it something doesnt work for some reason, your're screwed. There is no way in hell the .NET framework doesn't have it's fair share of bugs. If you are doing anything cutting edge, your're bound to run into them. Your only option is to buy a support package (if available) which often is not much better than emailing a bug report and praying that someone fixes it in the next release. Which for most closed source software is every few years.
      Last night, I ran into a bug after upgrading an open source package to make use of a new feature. I looked at their source code for 5 minutes, found the problem, and posted the bug on their bugzilla sight. 10 minutes later, I got a response saying they checked in a fix to their CVS repository for the next minor rev. I paid them no licensing fee to use the software, no support fee, and the fix was immediatly available, because I already had the source code and could fix and rebuild it. I have found this experience to be typical, provided I am using a package that has some vitality. Many people seems to think that Microsoft will 'never close their doors'. Many people have said the same thing about countless successful companies that could not adapt to and embrace change and eventually fizzled out. Granted, Microsoft could probably survive for a long time on their assets alone, but it would be a sad waste. Eventually developers and consumers will demand better things from Microsoft, and they will have to change or be bled to death.

      --


      TallGreen CMS hosting
  12. michael again by Anonymous Coward · · Score: 0

    From the wah-wah-wah-waaaaaaaaaaah dept.

    I'm always amazed at michaels total lack of professionalism. Save your opinions for the comments section, that's what its for.

  13. The Appgen product is expected to continue... by Deviate_X · · Score: 5, Informative

    For those looking for insight on this might look here:

    http://www.aaxnet.com/product/appgn.html

    --------------

    10-Oct-03 - the Appgen company has closed - the Appgen product is expected to continue. There are groups currently working on acquiring rights to license the product and this issue should be resolved soon. Nothing is yet resolved about terms, pricing or VAR support.

    18-Oct-03 - people are still working to put together a deal, but the process has apparently been stalled a bit by the volume of badmouthing and threats (legal and physical) against those who were involved with the Appgen company. Cooperation would seem to be a much better tactic right now.

    You may contact me by email at aax@aaxnet.com and I will keep you updated on whatever I learn about this matter.- or just watch this space

    For people with licensing problems with Mybooks purchased directly from Appgen, this temporary solution has been proposed by an Appgen VAR.

    continued...

    1. Re:The Appgen product is expected to continue... by nolife · · Score: 1

      but the process has apparently been stalled a bit by the volume of badmouthing and threats (legal and physical) against those who were involved with the Appgen company.

      Yeah..
      Exactly how is badmouthing causing a deal to be delayed? Sounds like a piss poor excuse. There is no excuse for a deal not being made before the plug was pulled. Sounds to me the badmouthing and uproar is having a positive effect.

      --
      Bad boys rape our young girls but Violet gives willingly.
    2. Re:The Appgen product is expected to continue... by grasshoppa · · Score: 2

      Yeah..
      Exactly how is badmouthing causing a deal to be delayed? Sounds like a piss poor excuse. There is no excuse for a deal not being made before the plug was pulled. Sounds to me the badmouthing and uproar is having a positive effect.


      Are you kidding? Do you have any idea how political this all can be? If people aren't genuinely interested in moving a product forward, if they are more interested in their ego and dick size, then a project can be stalled indefinitely, regardless of what it is.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    3. Re:The Appgen product is expected to continue... by nolife · · Score: 1

      So you are saying they are stalling because they can, not as a direct result of badmouthing causing the delay. I understand that.
      The way I read it is, they are in negotiations with a party to take over the project. Their current users are badmouthing them and theatning them directly to come up with a solution. I do not see how they can blame a delay on that.

      --
      Bad boys rape our young girls but Violet gives willingly.
    4. Re:The Appgen product is expected to continue... by Westley · · Score: 1

      Well, consider if you were the party considering taking over the project. Would a bunch of hostile users really encourage you, or might you need a bit more persuading?

      Just a thought.

    5. Re:The Appgen product is expected to continue... by nolife · · Score: 1

      Good point. I don't know the details other then what was posted here and the article itself. IMHO, the original company is acting very arrogant and does not seem to care about the previous end users at all, which is expected from someone suddenly closing the doors for good. Of course that is the point of the article comparing open to closed source.

      --
      Bad boys rape our young girls but Violet gives willingly.
    6. Re:The Appgen product is expected to continue... by Anonymous Coward · · Score: 0

      It's obvious that Appgen's owners knew the company was going under long before 3 October, and they probably tried to market this product to every possible buyer. No takers. If the owners were ethical, they would not have continued sales efforts in full swing until 30 September. This is a story about greed, and greed alone.

      Unless Appgen is OSd, it dies, plain and simple.

    7. Re:The Appgen product is expected to continue... by /dev/trash · · Score: 1

      Doom 3 is expected to be released this Christmas.

  14. Ha Ha Ha by Bendebecker · · Score: 0

    Sucks to be them.

    --
    There's a growing sense that even if The Future comes,
    most of us won't be able to afford it.
    -- Lemmy
  15. If it was open source by Anonymous Coward · · Score: 0

    If it was open source and GPLed then you wouldn't be able to use the code in your own commercial product. If it was open source and have a berkeley license, then yes, that would be great.

    1. Re:If it was open source by Virtex · · Score: 1

      If it was open source and GPLed then you wouldn't be able to use the code in your own commercial product.

      Depends on the product. If it's an in-house application or it's generating content for a web server, then GPL would work just fine. Looking at the page http://people.man.ac.uk/~whaley/ag/appgen.html, AppGen (assuming this is the same program) is described as "a high level fourth generation language and application generator for producing World Wide Web (WWW) based applications." So it's a code generator (like the GPL'd flex and bison whose output can be used in proprietary code) and it's meant to be used to generate WWW backends (where the GPL doesn't require you to distribute code since you're not giving it away). Sounds to me like the GPL would have worked just fine for an application like this.

      --
      For every post, there is an equal and opposite re-post.
    2. Re:If it was open source by Anonymous Coward · · Score: 0

      Nope. That's a different "Appgen."

  16. Lesson? by Anonymous Coward · · Score: 0

    There's a strong lesson in this story for those who choose to listen.

    What.. to only buy software from Microsoft?

  17. Accounting for the story... by Merovign · · Score: 3, Insightful

    #1 - serious question - how many serious accounting packages are being worked on in the open-source world? It's exactly the kind of software hackers usually denigrate...

    #2 - I think this is as much about poor planning (contract negotiations on the part of the developers, defining and/or selling and/or making a "will" for the software on the part of the owners) as it is about IP. And I'll bet somebody knows who owns it, they just haven't settled it yet.

    #3 - How many abandoned Open Source apps are there? I mean, sure, you won't have the key problem, but still. The grass may be greener, but it isn't self-mowing, self-watering, and immortal!

    Obligatory Criticism from Merovign. :)

    1. Re:Accounting for the story... by nmos · · Score: 1

      I don't know how many are out there but I can recomend SQL-Ledger as one good example. I think there was a Linux Journal article reviewing some of the options a few months back.

    2. Re:Accounting for the story... by dtfinch · · Score: 1

      "serious question - how many serious accounting packages are being worked on in the open-source world? It's exactly the kind of software hackers usually denigrate..."

      If you search for "accounting" on sourceforge.net, you'll find several.

    3. Re:Accounting for the story... by Anonymous Coward · · Score: 0

      There is the PERL based SQL-Ledger
      http://www.sql-ledger.org
      (Presently using, will be moving to)
      The java based Compiere.
      http://www.compiere.org
      Downside to Compiere - Oracle based. They are taking $$$ to move to PostgreSQL (then MySQL seems to be the next target)

      Finally, there is a package called NOLA
      http://sourceforge.net/projects/nola/
      A double entry system using PHP.

      Do a search on sourceforge and see if any of the 'new' ones excite ya.

  18. uhu, sure, but what about the money? by rusty+spoon · · Score: 1

    If they couldn't stay in business selling their code how would they expect to stay in business giving it away for free?

    1. Re:uhu, sure, but what about the money? by Anonymous Coward · · Score: 0

      Maybe another company that uses their product widely could employ some of their developers. Sure this wouldn't help Appgen but their developers.

    2. Re:uhu, sure, but what about the money? by Bishop923 · · Score: 2, Insightful

      They still would go out of business, they just wouldn't screw their customers in the process.

    3. Re:uhu, sure, but what about the money? by mhesseltine · · Score: 1

      And, if your company is going under, are you really that concerned about the customers?

      I can just see that conversation between an upper level manager and a lower level employee:

      Mgr: Bob, things aren't going well. We're shutting down the operations. You'll need to handle making sure that our customers get copies of the code so they don't get screwed. Once that's done, pack up your desk and leave your badge on the security desk.

      What do you think Bob would do in this situation. I know what I'd do. Each customer gets a CD-ROM with ASCII goatse.cx guy. Compile that!

      --
      Overrated / Underrated : Moderation :: Anonymous Coward : Posting
    4. Re:uhu, sure, but what about the money? by Anonymous Coward · · Score: 0

      If that's what you'd do, then just maybe guys like you are the reason that your company went under!

    5. Re:uhu, sure, but what about the money? by Grishnakh · · Score: 1

      You don't have to "give it away for free", moron. You can release it as open-source, with a license where people who are paying customers get access to the source code and have to contribute back any improvements, but are not allowed to give that code to other non-customers.

      Contrary to the simpleminded ideas of people like you, open source doesn't always mean "give it away for free".

    6. Re:uhu, sure, but what about the money? by blizzardsoup · · Score: 1

      Let me get this straight. YOU sell software and source to customers. Customers are allowed to modify source as they see fit but MUST give YOU the modified source. Customer is not allowed to give their modified code to non-customers. Only YOU can sell the modified code to new customers (aka free R&D from your customers).

      This is a pretty sweet deal for 'YOU' but leaves your customers in no better situation than if they had a source licence from YOU.

    7. Re:uhu, sure, but what about the money? by Grishnakh · · Score: 2, Insightful

      It's a better situation than most proprietary situations where you don't have any access to the source code whatsoever.

      The customers don'thave to do free R support is part of their paid contract. The modification stuff is just a clause in the license in case they do decide to do any modifications themselves. Normally they'd request features from the developing company.

      Of course the customer isn't allowed to give the modified code (since it's still a derivative of the original company's code, which they still own) to other people. You can't buy a DVD, make copies, and hand those out to anyone and everyone either.

      Since most customers aren't going to waste their time making modifications to code they don't wholly own, this isn't a sweet deal for the original company; it's an added bonus for the customer in case they want to see the source, or (especially) if the original company folds. This is the big reason everyone on here is yelling about how using open-source software would have avoided this situation in the first place.

    8. Re:uhu, sure, but what about the money? by plopez · · Score: 2

      As a prior post points out, you can still sell licenses. Open source != non-proprietary (though even I tend to muddle it up at times).

      As an example, I used to work in a OS390/COBOL/IDMS system for a large institution. When I was hired on I signed an NDA which covered not only thier internal IP but also that of their vendors and clients. We go the source code from our vendors (usually COBOL/JCL, but just before I left they were 'webifying' the mainframe using a vendor provided system running C/Perl/Cobol/JCL and also got a source code license).

      It worked like this:
      1) Vendor dlivers source code with install 'scripts' (JCL).
      2) Maintenence programmers install system, customized to their installation.
      3) If company decides they need a modification (mod), they can FREELY modify the source.
      4) Unless the vendor accepts the mods, the mods are supported by maintenence programmers.
      5) If the vendor accepts the mods, they take over the support of the mod.
      6) If the mod is supported by the vendor, the vendor releases to ALL thier clients, often giving the institution which developed the mod free training classes, discounts on licensing etc.
      7) If the user finds a problem, they are free to debug. Often programmers from several institutions would cooperate and find and fix bugs fast.
      8) Vendor would check the patch before releasing as a supported fix, making any mods on thier end as needed.

      I have come to believe this to be a VERY powerful business model. Instead of a confrontational business model (e.g MS) it is COOPERATIVE. The clients got what they wanted (usable/stable software) and the vendor made money.

      --
      putting the 'B' in LGBTQ+
  19. Use an escrow by LadyLucky · · Score: 1, Redundant
    Our company as part of the terms of sale state that if the company goes under, the source becomes available to all licensed customers through an escrow.

    Of course, I have no idea if it will be honoured :-)

    --
    dominionrd.blogspot.com - Restaurants on
    1. Re:Use an escrow by (startx) · · Score: 1

      god I wish people would rtfa. There are at least 10 posts saying they should have used a source escrow incase of this situation.

      The linked article says several of the VARs DID specify that exact thing, but when the company disappeared, the source escrow was discovered to be a lie.

    2. Re:Use an escrow by drinkypoo · · Score: 2, Insightful

      That's okay. Those VARs can now approach whoever acquires the code, and show it to them, and say "give me the source or I'll sue you into oblivion" - That escrow agreement is a legally binding agreement, right? Any agreements are transferred along with the software.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Use an escrow by Anonymous Coward · · Score: 0

      "honoured"

      Wow you must be really smart. Pompous ass.

    4. Re:Use an escrow by Myxorg · · Score: 1

      Yeah, but the whole point of having the source in escrow is that you don't have to go through costly litigation to aquire what's rightfully yours. You just go to the third party and say give me the source, and they give it to you. Now they have the problem of who owns the source (so they can make their demands) in the months or years it takes for this to be sorted out they're can't make any money cause they can't even get licenses. So basically they're screwed.

    5. Re:Use an escrow by innocent_white_lamb · · Score: 1

      when the company disappeared, the source escrow was discovered to be a lie.

      This isn't entirely clear to me. I got the impression that the escrow agreement stated that the customers would get the source code if the company went bankrupt. Since the company hasn't actually declared bankruptcy but has simply stopped doing business instead, I'm not convinced that the escrow agreement would apply in those circumstances.

      But then, what do I know.

      --
      If you're a zombie and you know it, bite your friend!
  20. Re:Oh fer fuck's sake... by Anonymous Coward · · Score: 0

    So michael acts like a moron, and you have no problems with it.

    Someone complains about michael, and you think he's a moron, so you jump all over him with your limited vocabulary.

    Idiot.

  21. Why developers? by phorm · · Score: 1

    The same thing can happen with any non-open pieces of software... and even to some extent open-source ones. If the company providing support to your software goes down, then you eventually have little choice but to replace it in many cases.

    If you had an accounting package with a Y2K error and you package provider wasn't around anymore to provide the 2000 release you were pretty much hosed then, developer or no. The plus side to open-source is that if you do have developers, and they can read the code (and compile it, for that matter), then you stand at least some chance of getting it to work again. But be that as it may, it's still sometimes better to replace it in a future point, otherwise you lose tech time to developing that product.

    1. Re:Why developers? by nmos · · Score: 2, Insightful

      Even if you cannot afford the developer effort needed to completely take over a dead project OSS still gives you some additional options:

      1. Work with other stranded customers/users to share the cost of development.

      2. Hire just a single developer to handle immediate problems and buy some time.

      3. Find a replacement OSS project and pay one of the developers a months wages to create a conversion tool for your data.

    2. Re:Why developers? by Anonymous Coward · · Score: 0

      Or #4, like in the commercial(proprietary world), take bids on the next software and include data conversion in the bids. (So they'd probably go back to commercial software anyway)

  22. Interesting reading at that link by Anonymous Coward · · Score: 1, Interesting
    One of the points he keeps making is, "Don't re-invent the browser."

    But there are those (reactionaries) who want to break out of the browser mold and go back in time. They used to be the Visual Basic crowd, then the tribal drumbeat came from the Java/Swing dimension, and most recently we're hearing that WinForms will supersede the browser. In Don't try to re-invent the browser, please, Frans Bouma holds forth, for example "The concept of the 'browser' is a concept of the past. Let it rest, let it die in peace, it's about time users move on to richer environments...". Similarly, Richard Tallent, coming from a much less Microsoft-centric direction, says in Browser of the Future, "Any web site can expose an interface that is indistinguishable from a native app..." and talks about "... the best of both interface worlds: browser-like flexibility with application-like usability."
    I was pretty sure I agreed with him until I tried iTunes last week. Now, I'm not so sure that a Web browser is really the right platform for every application.
  23. Escrow by Orasis · · Score: 0, Redundant

    The solution is simple. Any intelligent company entering into a software license agreement should make sure that they have a source code escrow agreement in case the vendor goes belly up.

    This practice is becoming very standard nowadays and completely fixes this problem.

    1. Re:Escrow by hondo77 · · Score: 1

      Dear Slash Coders,

      Can we have an RTFA -1 moderation thingie? For a rationale, please see parent post.

      Thank you,

      An occasional moderator

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    2. Re:Escrow by KnightStalker · · Score: 1

      Read the article. Most of the VARs DID have an escrow agreement, but discovered afterwards that Appgen had never actually given the code to the escrow agent.

      --
      * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
    3. Re:Escrow by Anonymous Coward · · Score: 0

      Not really. Just because you have an escrow doesn't mean you will be able to anything with the source code. The source code could be complete spagetti.

      With Open source at least you can look at the code before hand (ie peeking), then you can decide before hand if the program is worth the risk of using.

    4. Re:Escrow by PaperTie · · Score: 1

      So then the real issue is that developers lose when companies lie to their clients, not when they use closed-source software... Sometimes I don't know why I bother reading Slashdot.

    5. Re:Escrow by WatertonMan · · Score: 1
      What, read the article on slashdot?

      Seriously though, why didn't they call the Escrow company as part of the process? Once again ours is contacted by our clients.

    6. Re:Escrow by KnightStalker · · Score: 1

      Yeah, it seems to me that would be a normal thing to do. Apparently some of the VARs didn't even have it in writing. The problem here is really just that Appgen was lying scum, not that the software was closed source.

      --
      * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
    7. Re:Escrow by KnightStalker · · Score: 1
      Sometimes I don't know why I bother reading Slashdot.

      If you're anything like me, these stories hurt less than withdrawal pains...

      --
      * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
  24. Here is a link for the lazy by Adolf+Oliver+Bush · · Score: 1
    --


    This post cannot be re-broadcast without the express written consent of Major League Baseball.
  25. Umm by Mr_Silver · · Score: 4, Insightful
    Now contrast this with an open source business model:

    1. Modify an open source software package to fit a niche market
    2. Sell installations, manuals, customization service, and support to that market
    3. Profit!

    Unfortunately I haven't seen many Open Source businesses manage to achieve point 3.

    I'm sure everyone can mention a few that have done so (Redhat and Cygwin spring to mind) but there are vastly more that have either fallen by the wayside or are resorting to begging for money (Mandrake?).

    Open Source is great, but it too isn't perfect ...

    --
    Avantslash - View Slashdot cleanly on your mobile phone.
    1. Re:Umm by Anonymous Coward · · Score: 0

      Now contrast this with an open source business model:

      1. Modify an open source software package to fit a niche market
      2. Sell installations, manuals, customization service, and support to that market
      3. Profit!


      Or:

      1. Write a cool piece of software and open source it.
      2. Stop creating and become a tech support person on said software, until the users community is big enough to take over.
      3. Get a day job at 7-11!

      Pretty much the same as the open source model, except that "Modify an open source software package" means you don't even get to write the original software either.

    2. Re:Umm by Anonymous Coward · · Score: 0

      You're still assuming a closed-source business model -- and so maybe it shouldn't be too surprising that it doesn't work as well with open source.

      I think the mentality has to change, the code itself is probably not very valuable: modifying and making it work for indivdiual entities (so called services I guess) is where the employment and real value-add is at.

      Maybe people don't think along these lines because that's a method that works with open source, but not with closed source (at least, not as well since you can't modify MS Word, for example, to take out the glitches that might matter to a publishing company or whatever).

      I think the two forms of software development probably call for different forms of business, and I think the open source business plan (I always imagined programmers working in-house creating custom fixes or versions of software, or outsourcing programming services using the GPL "commons" as the programmer's tool box to create software) is likely to benefit indivuals more than being a "reboot-monkey" for another software company, or trying to convince people that software has greater innate value than it really does by pitching "software licenses for cash" (and this is not the same as "services", but that's been my entire point).

    3. Re:Umm by Krach42 · · Score: 1

      Not to mention that there are a number of OSS projects that have become abandoned.

      Sure, if you need an update, you can just go download the source code, and presumably fix it yourself.

      But if that's not the objective of your company, then what are you going to do? Pay a small subset of programmers (who you might not even usually higher) to fix your bug? Higher a contractor?

      OSS can fall just as easily into this pitfall as closed source software.

      --

      I am unamerican, and proud of it!
    4. Re:Umm by Linux_ho · · Score: 1
      Now contrast this with an open source business model:

      1. Modify an open source software package to fit a niche market
      2. Sell installations, manuals, customization service, and support to that market
      3. Profit!


      Unfortunately I haven't seen many Open Source businesses manage to achieve point 3.

      I'm sure everyone can mention a few that have done so (Redhat and Cygwin spring to mind) but there are vastly more that have either fallen by the wayside or are resorting to begging for money (Mandrake?).
      Wrong business model. Note the word "niche" -- this model is for smaller companies that aren't covered by Slashdot all the time. But there are a lot of them out there. And even when they do make the news, they don't necessarily want to advertise that they're using F/OS software as part of their product.

      Redhat, Cygwin, and Mandrake have much larger target markets, the software they produce is more general-purpose. Different business model. They are trying to make a little money from each of a LOT of customers, while the niche market guys try to make a lot of money from each of a FEW customers.
      --
      include $sig;
      1;
    5. Re:Umm by mpe · · Score: 1

      You're still assuming a closed-source business model -- and so maybe it shouldn't be too surprising that it doesn't work as well with open source.

      Actually the business model is more "software as widget manufacturing".

      I think the mentality has to change, the code itself is probably not very valuable

      Especially given that it can be trivially copied

      modifying and making it work for indivdiual entities (so called services I guess) is where the employment and real value-add is at.

      The term that you are probably looking for is "tertiary industry".

      I think the two forms of software development probably call for different forms of business, and I think the open source business plan (I always imagined programmers working in-house creating custom fixes or versions of software,

      Plenty do this now, even with the handicaps involved with attempting this with proprietary software.

  26. This is one place.. by jdhutchins · · Score: 1

    Where you hire a lawyer. Seriously. Someone has the source, and the VAR's have been ripped off. This is when you go hire a lawyer and sue the guys. You're not out for big bucks (you might be), but you want the stuff they were supposed to give you. You need someone to check the bankrupcy filings, and you also need someone that these people CAN'T blow off. Alone, they will ignore you. With a lawyer, things suddenly get serious.

  27. Simple solution... by Bull999999 · · Score: 1, Funny

    1. Go to Google.com
    2. Search for "Appgen Crack"
    3. ????
    4. Profit!

    As for the source code, you're SOL.

    --
    1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    1. Re:Simple solution... by Anonymous Coward · · Score: 0

      I'm unfamiliar with this acronym SOL. Is it "so out of luck" or something?

  28. Web site by deblau · · Score: 2, Interesting

    There seems to be a working Appgen web site here, although the for-pay downloads aren't working.

    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.
  29. Re:Sounds familiar by Randolpho · · Score: 5, Insightful

    Er.... the Java programming language is a specification, and an open one at that (IIRC). If Sun went under, IBM still has a kick-ass VM and SDK. And a great IDE in Eclipse, too. If Sun went under, Java would continue unabated; it's a programming language, not a library or modifiable application.

    From the article it seems to me that Appgen (which I'm not familiar with) is either an IDE/Library/ProprietaryLanguage, or a full-blown application that developers can modify for their own use. It's a far cry from Java.

    --
    "Times have not become more violent. They have just become more televised."
    -Marilyn Manson
  30. Re:Oh fer fuck's sake... by Anonymous Coward · · Score: 0

    actually, i think the "wah-wah-wah-waaaaaaaaaaah" in the title is the sound of you crying about it.

  31. Re:Sounds familiar by Samus · · Score: 3, Interesting

    It probably would cause a shake up but with java there are several eggs in different baskets. What would perl do without Larry Wall? They would get over it and move on. Besides Sun is more likely to be an aquisition target than it is to flame out.

    --
    In Republican America phones tap you.
  32. Re:Sounds familiar by jdhutchins · · Score: 1

    There are open-source java implementations, and while sun COULD go change java drastically and break backwards-compatibility, it's not going to happen. There are also enough people who have copies of the Java library source (It ships with every JDK, I think) that if Sun went under, people would still be able to use Java.

  33. What about copyright? by Anonymous Coward · · Score: 0

    Isn't copyright an agreement between a person and the public where the public grants the person temporary full control over distribution in return for having said copyrighted information given to the public after a set amount of time? Where is the public's compensation if the company folds early?

    1. Re:What about copyright? by Anonymous Coward · · Score: 0

      >Isn't copyright an agreement between a person
      >and the public [...?]

      In days gone by, it was.

      Today, it's an agreement by the public that Entertainment is a product that should be created by corporations for public consumption. It's also an agreement that Entertainment is our most important industry, and needs to be protected.

    2. Re:What about copyright? by Xformer · · Score: 1

      Letsee... if it can be thought of that the death of a company is the same as the death of an author, then the copyright should expire in 50... no, 75... no, 100... no, 200... no...

      --
      All I want is a kind word, a warm bed and unlimited power.
  34. the problem isn't closed or open source... by grocer · · Score: 2, Insightful

    It's called bad business practices and a risk everyone takes whenever they buy anything and do not research what they are buying and who they are buying it from.

    The real tip-off in the article is the fact they did the same thing with a previous program...I can't feel too much sympathy with individuals or companies doing business with a company but not doing a through check of who they are doing business with.

    1. Re:the problem isn't closed or open source... by AKAImBatman · · Score: 1

      No, MoneyDance is still around. See http://www.moneydance.com. It seems Sean managed to reacquire the rights to his software. Which is A Good Thing(TM). I've talked with Sean on several occasions and I think it would be a real shame if MoneyDance were to disappear. Or where you referring to MyBooks?

    2. Re:the problem isn't closed or open source... by grocer · · Score: 1

      Moneybooks is still around because the programmer got his own code *back* and cared enough to keep it going, as I understand the article.

      This doesn't change the fact that company said forget it and basically cut Sean loose on his own...I imagine something similar will happen with Appgen.

    3. Re:the problem isn't closed or open source... by AKAImBatman · · Score: 1

      I'm not arguing whether they cut him loose. However, companies cut technologies and products loose all the time (3Com Palm anyone?).

    4. Re:the problem isn't closed or open source... by grocer · · Score: 1

      Yes, and discontining a product or dropping support is a different ball of wax than closing doors, renaming company, and screwing customers who are currently supported...which Appgen has now done twice with apparently the same company officers. My point is it's foolish to spend 2K for anything and not find anything out about the company's track record or the officers running the company.

  35. Nobody is going to be SOL by Semmadownna · · Score: 1

    Look, Appgen's code is obviously valuable. It is most certain that a probable owner of the code is going go through the process of claiming ownership. People are banging down the doors of the developers to AGE-OLD games just to make a simple port of them. Appgen's software isn't going to just sit there and screw former customers doggystyle just because it's new owners haven't claimed it yet.

    1. Re:Nobody is going to be SOL by Edmund+Blackadder · · Score: 1

      Ok, suppose what you say is true. Lets imagine the new owner does claim ownership. They will probably get the ownership after a bankruptcy sale.

      Which usually means that all previous obligations connected to the software are gone. So the new owner does not have an obligation to provide support or provide the whatever keys the article mentions.

      Guess what happens next -- the new owner starts extorting the users for very high fees for software the users have already payed for.

      So the users are going to be screwed.

  36. Not about open/closed source, it's about keys... by Anonymous Coward · · Score: 1, Insightful

    Companies fail from time to time. It happens.

    BUT, now that the company isn't operating any more, they can't issue keys to reinstall the software that they legitimately purchased.

    That's why I refuse to buy software with product activation - you're SOL if the company won't (or isn't able to) give you a new key.

  37. Puh-lease by brian6string · · Score: 0

    "This couldn't happen if Appgen was Open Source."

    Obviously if there were an open source (read: FREE) alternative, these independent developers wouldn't have shelled-out the 2000 clams.

    So, I assume that the guy who submitted this, and all of you in agreement w/ him, are going to start writing an accounting package right away. Better to light a candle than to curse the darkness, right?! :-)

  38. Learning is fun! by rabtech · · Score: 5, Interesting

    "Learning is fun!" - Bender, Futurama. If you know this quote, you know that these people just learned an important lesson.

    "Code Escrow"

    If I am going to purchase components or make a decision to commit, I make sure that there is some sort of safety-net just in case the company fails. Often this comes in the form of a code escrow service. Every X days, the company ships off a copy of all their code to the service. If the company fails or there is a serious event, the escrow company releases the code.

    As a small developer that is a large expense, so for my customers, they already have the contact info for my off-site backup person. If anything happens to me, that person is instructed to freely distribute all source code. It is someone I trust.

    Or you could use your attorney.

    Off-site backups are a Good Thing(TM), and it only takes one extra small step to ensure that, should you perish, your work isn't left inaccessible. Whether that means a closed-source app or just your notes on an open source project.

    --
    Natural != (nontoxic || beneficial)
    1. Re:Learning is fun! by Anonymous Coward · · Score: 0

      Dude did you even read the article?

      ... Last week, many of us were clamoring for what we had been promised in the eventuality that Appgen went out of business - the product's source code. Most if not all of us were told that the source was placed in escrow with a law firm in Dallas, TX, and would be handed over to the VARs if Appgen went out of business. Evidently some VARs have this promise in writing. The source code was never placed in escrow.

    2. Re:Learning is fun! by jonfelder · · Score: 1

      Score:4, Informative?

      How about score -1 RTFA...

    3. Re:Learning is fun! by Prof.Phreak · · Score: 1

      If I am going to purchase components or make a decision to commit, I make sure that there is some sort of safety-net just in case the company fails. Often this comes in the form of a code escrow service.

      So you're saying you've never commited to a thing like Windows??? or how about all that Lotus, WordPefect, IBM, etc., software of the old days?

      Many companies seem big, and many projects seem unstopable, but give'em 10-20 years, and they become outdated, etc., and if you rely on them for your business, you could get screwed (very likely in fact).

      Many people got screwed with DOS->Windows transition. Nobody got the source to anything.

      The company I worked for relied on Computer Associates (a nice big company that you can rely on?) for something, and guess what, project got cancelled, burried, people left, etc., and now there is 0 support for it, and nobody even knows a thing about it.

      --

      "If anything can go wrong, it will." - Murphy

    4. Re:Learning is fun! by Anonymous Coward · · Score: 0

      I do think we need a "-1 RTFA". People seem to reserve "redundant" to the second guy who posts "all your base"; and a "-1 RTFA" would let people know that they should look into the article itself. PS: Oh, yeah, this deserves "-1 redundant" because I'm jut saying me-too to the previous poster.

    5. Re:Learning is fun! by Anonymous Coward · · Score: 0

      Reading is fun!

      RTFA:

      "Most if not all of us were told that the source was placed in escrow with a law firm in Dallas, TX, and would be handed over to the VARs if Appgen went out of business. Evidently some VARs have this promise in writing. The source code was never placed in escrow."

  39. And they got the closed source model wrong, too... by Randolpho · · Score: 1

    >Let's start with a closed source business model:
    >
    >1. Invest time and money to become a software VAR
    >2. Software publisher goes broke.
    >3. Big loss, no profit!

    How about:

    1. Write your own damn software, don't rely on proprietary junk that you have to pay for.
    2. Publish it your own damn self.
    3. Profit.

    --
    "Times have not become more violent. They have just become more televised."
    -Marilyn Manson
  40. The moral of this story.. by Anonymous Coward · · Score: 1, Insightful

    Buy Microsoft products.

    You'll be out of the commercial software business long before they are.

  41. Oh? by tsanth · · Score: 2, Insightful

    If it was open source and GPLed then you wouldn't be able to use the code in your own commercial product.

    Isn't this the problem that the LGPL is designed to solve?

  42. Market Penetration by Tony · · Score: 4, Insightful

    #1 - serious question - how many serious accounting packages are being worked on in the open-source world? It's exactly the kind of software hackers usually denigrate...

    In my analysis, it isn't that open-source developers don't want to work on this sort of thing, it's that there is a certain amount of infrastructure that needs to be in place before projects like this can proceed. Several enterprise-class accounting projects have been started, but few finish; it's because the tools aren't in place yet.

    The FOSS community doesn't avoid doing corporate-type projects, as a lot of people claim. FOSS software is written because it is positioned properly to fullfill a need. Until very recently, FOSS was not accepted in the enterprise. Now, as more and more corporations are depending on various FOSS software, you will see many projects targetting medium-to-large corporations.

    For instance, look at the relatively-new GNU Enterprise project. This is a major undertaking which has begun by creating the tools required to build an enterprise management infrastructure.

    As FOSS software penetrates various markets, you will see many FOSS projects building finance/hr/materials-management/analysis tools. I predict that 2004 will be the year of the enterprise for FOSS (Linux,*BSD,GNU). You'll see prepackaged medical management software, ERP software, etc. By the end of 2005 I believe you will see a complete enterprise management system, from supply chain to finance to HR to payroll.

    But maybe I'm just a pollyanna.

    --
    Microsoft is to software what Budweiser is to beer.
  43. Think how much worse this will be when.... by nautical9 · · Score: 2, Insightful
    ... every software company out there requires online Activation before you can use their product.

    Not only will reinstalling a computer takes AGES due to all the products you need to activate (and heaven forbid you changed some hardware - time to call them all up one-by-one and plead your case), but you won't even be able to install any package from a software company who has gone belly up.

    1. Re:Think how much worse this will be when.... by CountBrass · · Score: 2, Insightful

      So buy a Mac. Or install Linux, or BSD.

      Windoh!s isn't the only OS you know.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    2. Re:Think how much worse this will be when.... by MrResistor · · Score: 1

      So buy a Mac. Or install Linux, or BSD.

      Who's to say Apple wouldn't jump on that bandwagon along with everyone else? Who's to say Apple wouldn't subsequently go under?

      The OSX core is BSD, you say? OK, what exactly in the BSD license prevents this from happening? Nothing. That's both the strength and the weakness of BSD; you can take it and do whatever you want with it, including locking it up with online activation!

      Apple has played nice with the OSS comunity so far, but there's nothing forcing them to do so, and there's no guarantee that they will continue to do so.

      I would say Linux is safe, because the GPL guarantees that you get the source code and the right to modify it. Thanks to the truely Free nature of the BSD license, the end user gets no such guarantee.

      I don't have anything against Apple or BSD, I think they both are acheiving great things and contributing a great deal to computing in general, but you have to look at this critically. The GPL has it's problems too, but as an end user it's the license I prefer, and for this very reason.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  44. Re:Oh fer fuck's sake... by Anonymous Coward · · Score: 0

    I for one thought it was supposed to be the trademark sound of alarm from Kyle's mom on South Park... more of a "what what WHAAAAAT?" though.

  45. Big problem with several solutions by DroidBiker · · Score: 2, Interesting

    When companies sell closed source solutions that other companies build on top of and come to be dependent on it's true there's big risks. The solution that seems to be suggested here is to build on open source projects. The problem: good luck finding a good, well documented, open source accounting system. Another solution is code escrow. Before you buy into a system like that make sure the vendor puts the source somewhere where the customers can get it if they fold and grants them the right to do so. There's several companies that provide services like this and if software consumers start insisting on it we can see problems like this become less frequent in the future. Even for closed source projects.

  46. Macromedia next? by Anonymous Coward · · Score: 1, Insightful

    Did any of you see what happened when their third quarter earnings came out? Off 34% in one freakin day! Holy Macaroni.
    Imagine if Macromedia died and didn't give up their source code leaving all those Flash, Dreamweaver, Director, Authorware apps hanging. That's a big huge piece of the software market and look at the gyrations in price. It's scarry.
    Sure, in most cases it would be irrelevant because it's all out there, but what about people still maintaining their products and say they lose their licensed media. What are they going to do when the company is gone. It's hard to imagine, but jeez 34% in one day. That's hard to imagine too.

  47. Re:Sounds familiar by Elwood+P+Dowd · · Score: 3, Insightful

    Meet gcj, smart guy.

    --

    There are no trails. There are no trees out here.
  48. Microsoft's FoxPro... by Futurepower(R) · · Score: 1


    The same situation exists with Microsoft's FoxPro, a database programming language like the old dBase. Microsoft has been giving FoxPro lukewarm development support. At one time there were 1,500,000 FoxPro programmers. Now they are imprisoned in an uncomfortable relationship.

    1. Re:Microsoft's FoxPro... by ConceptJunkie · · Score: 1

      Exactly as planned.

      They are supposed to switch to Access. Why do you think MS buys products that compete with its own? (Although to be honest they might have acquired FoxPro before Access existed.)

      Actually, they probably acquired Access from someone else too. All I know is, I've found Access to be completely useless, except possibly as a DB browser. I find it easier and more reliable to just do everything through ODBC and SQL, but then I would never attempt to write forms or anything applike in Access either.

      --
      You are in a maze of twisty little passages, all alike.
    2. Re:Microsoft's FoxPro... by Anonymous Coward · · Score: 0

      I think you're confused. The complaints from FoxPro Users is not that MS doesn't support them or sell them new versions, but that FoxPro is not a strategic product at Microsoft, and there's no "roadmap" to link FoxPro into the mainstream (COM/.NET) MS developer universe.

      Microsoft keeps releasing new version of FoxPro because it's a profitable product and don't show any indication that they are going to kill it.

      So FoxPro programmers, like Paradox and DBase programmers, are unconfortable only because they know that the mainstream world runs on SQL RDBMSes and XBase-type products are a dead end in the computing world.

    3. Re:Microsoft's FoxPro... by Tablizer · · Score: 1

      So FoxPro programmers......are unconfortable only because they know that the mainstream world runs on SQL RDBMSes and XBase-type products are a dead end in the computing world.

      Sometimes there is good money to be made in niche "legacy" languages. This only works if the rate of developer bail-out is greater than programming needs shrinkage. It is hard to say which is faster, and it varies per product. Many people made decent livings with Clipper in the dot-bombage era.

      But, this is ANY issue with any development product: things come and go in style. If Java is still in style 15 years from now, I will eat a GOF Patterns book. True, its base is large enough that it may become the "new COBOL", something that sticks around even though everyone agrees it sucks compared to newer ideas.

      In short, picking any language to base your career on is a crapshoot. You cannot control the demand and supply. Hopefully your employer allows you to learn multiple technologies so that you have a fallback platform.

      BTW, for smaller projects, I was about 2 to 3 times faster in XBase products than in the current SQL approaches WRT productivy, with less code too. If you knew how to use it, you could leverage its nimble table system to control a lot of repetitious stuff using tables instead of code (or even code in tables). It is much easier to edit a table with the table browser than attributes of say 50 similar objects/classes.

  49. Get it in escrow by shodson · · Score: 0, Redundant

    Many vendors offer the source code be placed in escrow in case of such an event. However this is only something you'll get for large, enterprise software products, not some utility or tool.

    1. Re:Get it in escrow by mOdQuArK! · · Score: 1

      As I'm sure other people are already tired of pointing out, the parties in this article _did_ have an escrow agreement. Unfortunately, it seems that the Appgen folks hadn't actually been honoring it.

  50. no no no.. by Suppafly · · Score: 3, Insightful

    ugh.. as nice as it would be to say proprietary software is bad, these are the results. That just is not the case.

    Proprietary software failed in this case because the people using it (stupidly) paid a lot of money for software that had no contingency plan or guarantee.

    To use a popular /. analogy, when I buy a ford car, I have no guarantee that I'll be supported after ford goes out of business.

    When you pay a lot of money for something with no service guarantee of any kind, stuff like this happens. Sure using OSS may have helped with this problem, but OSS has a whole slew of other problems.

    If its merely a license key issue, I'm sure these "developers" could get around that. Judging by the number of keygen programs for other software packages that come out the same day a program is released, this is a non-issue.

    1. Re:no no no.. by Anonymous Coward · · Score: 0

      Interesting? How about smug.

    2. Re:no no no.. by crovira · · Score: 1

      Sorry but there are after markets for cars. You can still buy parts for Studebaker Avantis.

      Neither Studebaker or the Avanti have any market presence but there is an after market.

      The history of the auto market is a junk yard litered with companies that wrecked themselves faster than their customers wrecked their cars.

      --
      MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
    3. Re:no no no.. by Ivan+Raikov · · Score: 1

      If its merely a license key issue, I'm sure these "developers" could get around that. Judging by the number of keygen programs for other software packages that come out the same day a program is released, this is a non-issue.

      This is the stupidest thing I've heard in a while. Do you realize that you're advocating breaking the law? That a company would actually have its developers crack software on company time? This is preposterous. No, in a commercial environment nobody is going to fucking waste their time with goddamn stupid keygen programs, because this is simply unlawful. This is not cracking your stupid Windows games on the computer your parents bought you; this is business.

      I must say that this is a fine example of what Stallman has been talking about all these years. Software companies are irresponsible towards their customers, and the only way to force them to obey the rules, short of government intervention, is to provide a choice for said customers to go to another vendor with the source code they own, or hire their own programmers.

    4. Re:no no no.. by tshak · · Score: 2, Insightful

      I have no guarantee that I'll be supported after ford goes out of business

      Which is why hardly anyone would buy Daewoo's until GM picked them up. The same could be said for hardware as well. If you buy from a company that's not financially viable you could be stuck without support. I agree with you completely. This is the result of a bad business decision, not the result of using proprietary software.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    5. Re:no no no.. by nmos · · Score: 1

      ugh.. as nice as it would be to say proprietary software is bad, these are the results. That just is not the case.

      I think it would be more accurate to say the "this is one of the risks of using proprietary software"

      Proprietary software failed in this case because the people using it (stupidly) paid a lot of money for software that had no contingency plan or guarantee.

      Which is true for many if not most software users out there. Almost every small business I know of has at least one piece of proprietary software that is central to their business and I can't think of any that has a contingency plan that is worth anything. Even with escrow there are plenty of ways for things to go badly wrong but still not force the escrow agent to hand over the code in a usable form (or at all).

    6. Re:no no no.. by Edmund+Blackadder · · Score: 1

      So what if they had a guarantee? Once the company is in bancruptcy all your guarantees go into the pile of claims against the debtor, and will probably end up being useless.

      Who moderates this stuff?

    7. Re:no no no.. by HungWeiLo · · Score: 1

      Which is why hardly anyone would buy Daewoo's until GM picked them up

      I'm pretty sure most people who purchase Daewoos aren't keeping up-to-date on corporate structuring, and thus probably did not buy a Daewoo because of this knowledge. They bought it because Japanese offerings were heading upwards in price ($15k+ for a Civic?) and the new Korean imports are aiming to fill the void in the low-price market left by the Japanese.

      --
      There are a huge number of yeast infections in this county. Probably because we're downriver from the bread factory.
    8. Re:no no no.. by WNight · · Score: 1

      The legality of keygens and cracks is gray, but leaning towards legal.

      You are allowed to modify software that you own and despite the best efforts of the industry, you own the software you buy. Thus, cracks, which modify the software, are legal. Keygens also, as they do not involve sending people specific keys which may be protected, are legal. They are only software implementations of a formula.

      The DMCA may say otherwise, but it's a crooked law best ignored, and more importantly, it only affects people in the USA.

      Furthermore, this is completely ethical. If I pay you for software and you deliver a crippled product, I have a right to make it work. To say otherwise is ridiculous.

    9. Re:no no no.. by angst_ridden_hipster · · Score: 1

      Untrue.

      At least in the United States, car companies are required to support their vehicles for 7 years after the sale.

      Sure, the law would get bent if a huge corporation went down in a flaming ball of litigation... But it is a law, anyway.

      --
      Eloi, Eloi, lema sabachtani?
      www.fogbound.net
    10. Re:no no no.. by mpe · · Score: 1

      Even with escrow there are plenty of ways for things to go badly wrong but still not force the escrow agent to hand over the code in a usable form (or at all).

      The best the escrow agent can do is hand over whatever they are given. The GIGO principle applies here.

    11. Re:no no no.. by Suppafly · · Score: 1

      So what if they had a guarantee? Once the company is in bancruptcy all your guarantees go into the pile of claims against the debtor, and will probably end up being useless.

      RTFA, the company didn't go bankrupt, they just shut the doors one day. Until they file some kind of bankrupcy protection, they can still be sued by the developers that they ripped off.

    12. Re:no no no.. by Suppafly · · Score: 1

      Untrue.

      At least in the United States, car companies are required to support their vehicles for 7 years after the sale.


      Care to back that up somehow?

  51. brains, anyone? by Anonymous Coward · · Score: 0

    Java is WIDE OPEN when it comes to availibility of source code. Sun could go belly-up tomorrow, and we'd still have access. In fact the OPEN SOURCE implimentations of Java -- which you do not seem to know about -- would simply fill that void.

    Java is a spec not just a library.

    What Sun DOES control is the DIRECTION of Java... what extensions become part of the runtime and part of the language (they are not both the same object, BTW)

    While not truly open sourced, Java does not fit the definition of closed-source either.

    What you post highlights is, you do not understand the difference between control of API direction, and availability of the source code. It's OK to speak before you think... you are on Slashdot after all.

  52. Escrow and bankruptcy by ProfDumb · · Score: 5, Insightful

    Yes, the lesson is: don't buy a propriatary app without a 3rd party source-code escrow agreement. That was figured out around 1965.

    So, you have a contract that specifies software escrow. And when the company goes bankrupt and you find the source is not in escrow (or not all of the source is in escrow, or there is third-party IP in the escrowed source, or ...):

    who are you going to sue?

    An escrow agreement is likely to be enforceable right up until the moment you need it.

    The difference with open source is that you have the source in hand now and so if the company disappears you don't have to sue a non-existant entity to get the code.

    1. Re:Escrow and bankruptcy by sphealey · · Score: 4, Informative
      And when the company goes bankrupt and you find the source is not in escrow (or not all of the source is in escrow, or there is third-party IP in the escrowed source, or ...):

      who are you going to sue?

      The escrowee. That's what he is for. If he doesn't subrogate against the supplier's officers as individuals, them too. Although they are probably bankrupt you can still take away their childrens' college fund.

      Look, I am in personal agreement with the author's basic point: there are a lot of advantages to open source for software users. But there are solutions to this problem in the propriatary world too, and propriatary methods cannot be condemned under the theory that there are no such methods.

      sPh

    2. Re:Escrow and bankruptcy by gfxguy · · Score: 1

      But in this case some VARs had *written* escrow agreements, but that was a scam, too.

      --
      Stupid sexy Flanders.
    3. Re:Escrow and bankruptcy by Anonymous Coward · · Score: 0

      ACTUALLY, with open source, you have your penis in your hand. because you spend all day jacking off.

      That's the good life, man... I'm going 100% open source now.

    4. Re:Escrow and bankruptcy by irix · · Score: 4, Informative

      The problem with source escrow is that it is only useful in the same was as your tape backups - if it is tested.

      Sure, your escrow agreement probably says the source tree plus everything required to build the product from scratch (build environment, 3rd party libraries). But how do you know that is being done? The escrowee typically would have no idea.

      With an escrow agreement you are going somewhat on the good faith of the company to provide everything required to the escrowee in a timely manner. Depending on who the vendor is you may or may not be able to trust that.

      This isn't to say that escrow is not a good idea, but from an end-user point of view it isn't nearly as good as a public CVS repository. However, for a closed-source product it is better than nothing.

      --

      Do you even know anything about perl? -- AC Replying to Tom Christiansen post.
    5. Re:Escrow and bankruptcy by cavemanf16 · · Score: 1

      So ultimately, the problem is that proprietary source code is best when built and sold as a finished product, and any updates or modifications are made by the original company. This concept only reinforces the idea of the Open Source benefits of code reuse. Which also happen to be the core benefits of software development in general.

    6. Re:Escrow and bankruptcy by Oryx3 · · Score: 1

      So they're escrewed?

    7. Re:Escrow and bankruptcy by MagicBox · · Score: 1

      The difference with open source is that you have the source in hand now and so if the company disappears you don't have to sue a non-existant entity to get the code

      Ok, but isn't the product protected under some kind of law even if the company that created it goes bancrupt? If the product you say was Open Source, then how was the company (that created it) originally going to make money then? But even if you had the source code, isn't there some kind of law that protects it from being changed at will? I think this article tries to OVERLAP two different types of business practises that cannot overlap under any circumstances. There is a purpose to have both Open and Closed source camps in existence. I think they key here is, if the product was Open Source would the company that created it have survived? Or is it the tough economic times that are bringing the demise of so many Tech companies. You know I still do not understand exactly what the Business model of the Open Source ideology is to try and generate revenue. Yes I understand as far as Linux goes, but what about Applications etc?

      L.

      --

      The phaomnneil pweor of the hmuan mnid. Fcuknig amzanig eh!
    8. Re:Escrow and bankruptcy by Anonymous Coward · · Score: 0

      The problem with OSS is that no developer has the incentive to work for free and give awayhis code. No company can be built on OSS that makes the developer rich. All the others in the side line benefits... software publishers like RehHat and Suse... what about the developers that develop the code? They have to eat too.

    9. Re:Escrow and bankruptcy by Anonymous Coward · · Score: 0

      To your parent poster:

      RTFA:

      "Most if not all of us were told that the source was placed in escrow with a law firm in Dallas, TX, and would be handed over to the VARs if Appgen went out of business. Evidently some VARs have this promise in writing. The source code was never placed in escrow."

      So much for your code escrow scheme.

    10. Re:Escrow and bankruptcy by Jason+Pollock · · Score: 1

      Escrow services I have worked for have provided this service. They would take the deposit, construct a build environment, create the installation packages and install/test them.

      Of course, they did charge you for that, but it was needed, we had just reported a loss of several million dollars. :)

    11. Re:Escrow and bankruptcy by Grizzlysmit · · Score: 1
      And when the company goes bankrupt and you find the source is not in escrow (or not all of the source is in escrow, or there is third-party IP in the escrowed source, or ...):

      who are you going to sue?

      The escrowee. That's what he is for. If he doesn't subrogate against the supplier's officers as individuals, them too. Although they are probably bankrupt you can still take away their childrens' college fund.

      Um I think you need to RTFA

      --
      in my life God comes first.... but Linux is pretty high after that :-D
      Francis Smit
    12. Re:Escrow and bankruptcy by grunthos · · Score: 1
      who are you going to sue?
      The escrowee. That's what he is for.
      You mean the escrow company holding the source? Bzzzt. Nope, sorry. All they do is warrant that they will hold whatever media the software author gave them. They will not warrant that the contents of the media are worth anything. Escrow companies and lawyers go hand in hand. They won't be the scapegoats.

      This happened at my company. Software vendor gave escrower a bad CD. When they went bankrupt, escrow company gave us the bad CD. We "got what we paid for".

      Even if you could sue them, what good is that? In six years when the suit is settled, you'll get some money? In the mean time, your software is SOL.

      --

      My son's 5th grade teacher actually assigned them "write a limerick about a planet". I'm not kidding.
    13. Re:Escrow and bankruptcy by alonsoac · · Score: 1

      I am sure it can be arranged so that the escrow tests the software build process and verifies everything needed is really there. One could even go look at the machine compiling and run the built application.

    14. Re:Escrow and bankruptcy by arb · · Score: 1

      The VARs should have paid more attention to the man behind the curtain. Get the escrow details written into the contract. Get your lawyers to verify that the agreement is watertight and that the escrowee is reputable and can verify that they have the source. Make sure regular audits are done.

      AppGen's word that they had placed the source in escrow should not have been enough for anyone. A company I used to work for told clients that their source would be placed in escrow, but it never was. Never take a salesman's word as gospel. Ever.

    15. Re:Escrow and bankruptcy by Spoing · · Score: 1
      So, you have a contract that specifies software escrow. And when the company goes bankrupt and you find the source is not in escrow (or not all of the source is in escrow, or there is third-party IP in the escrowed source, or ...):

      While I agree, nothing beats having the source all the time, escrow accounts typically designate where (exactly) and how often the source code is brought to a 3rd party location -- typically a bank safe deposit box.

      The contract allows access to the safe deposit box if the company folds.

      Yep, the company could ignore the escrow requirement...and then you would indeed be SOL.

      Rule: Contracts are only as good as the people (and to a lesser degree corporation) behind them.

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
  53. You're telling me by BoomerSooner · · Score: 0, Flamebait

    Sun can't change the licensing for Java (smart guy)?

    Moron, all it takes is Sun to fail and MS to pick them up for peanuts, change the licensing and voila, you're fucked (smart guy).

    1. Re:You're telling me by Elwood+P+Dowd · · Score: 1

      What licensing?

      GCJ is GPL. That was my point.

      --

      There are no trails. There are no trees out here.
    2. Re:You're telling me by BoomerSooner · · Score: 0, Flamebait

      It's based on Sun's Copyrighted Java Specification. Since that is the case, it can be shut down.

      Also I said Java meaning the Sun Implementation of Java not Jikes, GCJ, etc. BTW GCJ is a piece of shit.

    3. Re:You're telling me by Anonymous Coward · · Score: 0

      Hi. You're a stupid fucker. That is all.

    4. Re:You're telling me by Anonymous Coward · · Score: 0

      So is your mother, but at least we have the courtesy to refrain from saying it in public.

    5. Re:You're telling me by AJWM · · Score: 1

      You're an idiot. The only control Sun has over Java is the use of "Java" as a trademark. A "copyrighted specification" just means you can copy verbatim the spec, not that you can't implement it.

      Your opinion of Java is pretty obvious. But given your equally obvious lack of intelligence, that's probably a compliment.

      --
      -- Alastair
    6. Re:You're telling me by tshak · · Score: 1

      It doesn't matter. Sun owns Java. They own the spec. They can shut it down anytime they want.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    7. Re:You're telling me by Elwood+P+Dowd · · Score: 1

      So we'll need to have someone rewrite the spec. GCJ cannot be shut down just because Sun doesn't allow them to quote the spec.

      GCJ may have plenty of problems. Fair enough. But it's getting better, and Sun has nothing to do with it.

      Admit it?

      --

      There are no trails. There are no trees out here.
  54. Re:Sounds familiar by Paul+Jakma · · Score: 1

    The Java VM specifications are relatively open and available. There are several well-known VMs, at least one of which is opensource, and many other VM implementations. Many of these come with bytecode compilers, as does GCC.

    So, how exactly is it hypocrisy?

    (still doesnt excuse Java's monstrous runtime resource needs though.)

    --
    I use Friend/Foe + mod-point modifiers as a karma/reputation system.
  55. Ooooo, don't curse us! by Chromodromic · · Score: 1
    This couldn't happen ...

    Err, I hope you're right, for Mono's sake. If Microsoft decides that enough's enough -- probably at the exact point in time that Microsoft has decided Mono has done enough to promote .Net technologies to the world, thank you -- and they decide to sue for patent infringement or whatever, well, then a court would get to decide what could happen with an open source project.

    Could the exact same scenario happen with an open source project? Well, no. There seem to be particulars in this case that don't translate cleanly to an open source situation. But didn't Richard Stallman have to restart Emacs back in the day because of licensing and contributor issues? If you're not aware, Mr. Stallman is just a wee bit sensitive about these things now.

    I think you'd be better of saying that this could never happen if the project were open source, IF: all contributors have responsibly contributed code, everyone involved honors the moral and legal principles of open source development, the project is popular and involvement is well documented, there's a well maintained, redundant code repository ... In other words, all the ducks are in order. In the above case, clearly they were not. But while I would agree that open source projects are less susceptible to this kind of problem, I'd be careful stating that they're immune ...

    --
    Chr0m0Dr0m!C
  56. Re:Sounds familiar by HoldmyCauls · · Score: 1

    I don't think that's a good comparison. To be fair, I haven't been in coding for a while now, but I do understand a few things.

    For one, the APIs for Java are wide open and documented. If something's not working, it's fairly obvious to find it and figure out why or why not. Also, various packages for Java are open sourced and not controlled by Sun. The major applications, as well, are developed open source, or at the very least not controlled by Sun.

    Here what we have is an application which is not well-documented, the internals of which are nowhere near open, and the whole of which belongs to one source.

    The people who used this got the very short end of the stick, whereas people developing with Java have a large community of both developers and users outside of Sun to aid in furthering Java development.

    --
    Emacs: for people who just never know when to :q!
  57. Double screwed by mandreiana · · Score: 4, Funny

    One reportedly paid $10,000 to have Appgen ported to "SCO and UnixWare" in September, only weeks before the company went away.
    And now, Appgen dissapeared too!

  58. OSS as the end game by yintercept · · Score: 1

    Thanks for pointing out that the OSS generation is not the first to prepare for the life cycle of a company.

    Personally, I think the best way to design a programming company is to come out of the gate as a proprietary technology, then to have an end game where the technology turns into open source as the technology matures. The paradigm where things start and end free just means developers never get paid.

    1. Re:OSS as the end game by cduffy · · Score: 5, Interesting

      The paradigm where things start and end free just means developers never get paid.

      My last job paid for writing and supporting Free Software because that's what the company did (and does -- they're still around, and I understand in better financial shape now than when I left). My current job is at a company that writes proprietary software -- but we use Free Software to do it, so when we need a bugfix or an extension, my present employer, a proprietary software company, still pays me to work on Free Software.

      My employer before the last two was a car dealership; they hired me as a contractor to move their base platform to Free Software. Before that I spent some time helping a school district set up some servers running on (you guessed it) Free Software. Same kind of business: They hit a bug or need a feature, I'm the guy to write it. (Not that either of those two *did* hit bugs or missing features, but the capability was one of the things they got when they hired me).

      This myth that folks never get paid for working on Free Software is just that -- a myth -- and needs to die.

    2. Re:OSS as the end game by danheskett · · Score: 1

      The point is that the original authors didnt receive anything of the money you received based on the value created in part by their effort.

      Right now OSS is in its main stream infancy. It's all roses and love and happiness.

      The test will be to see what happens when the current generation of products starts to mature. What happens next is the key.

      The key essence of your jobs wan't that the software used was free. The same thing - by the admission - could have been done with proprietary software. And right now the proprietary stuff employs a multitude of people more than you.

      The fact remains that writing software and giving it away has yet to be proven as a longtime viable industry. From a business standpoint the OSS projects that are profitable make moeny from support, bugfixes, and donations.

      Time will tell how it works out, but, by far the largest number of OSS involved people do not profit from the software they right. On top of that, many work for proprietary software companies and moonlight in the OSS world. Time will tell how that works - what happens to those developers when the proprietary software market is devasted (assuming it is).

    3. Re:OSS as the end game by yintercept · · Score: 1

      My point was that OSS has a better end game. It has a crappy starting plan for the first quarter, but has a great end game.

      The projects this user refers to were generally small enough that the companies were able to realize the cost of the software with a few sales.

      The fact that programmers were over paid a few years ago, and it was easier to afford idealistic OSS development, doesn't mean that it will continue that way.

      One thing that scares me about the OSS lifecycle. The OSS derides property rights and support contracts. However, I've noticed that many OSS developers end up using obscurity to accomplish the samething that is accomplished with property rights. So you will see an OSS developer set up a system. During the honeymoon, they laud their moral superiority to property owners, but when the difficult maintenance issues come along, they come out saying: "Well, I am the only one who knows the root password, and I charge $xxx.00 per hour."

      I prefer clear contracts to having to play political games for a paycheck.

      BTW the thing that killed off a great deal of the software development prior to the 1980s was the emergence of Windows. Suddenly every program required a GUI. MS had raised the bar of entry into the software world, they gave out weird specs that did not pan through...

      It was not the end game that killed, but tortuous upgrade paths. For that matter a great deal of interest in OSS came from people needing to upgrade older software that fell apart during the Microsoft upgrade fiascos. OSS seems to have weathered unpredictible upgrades better than propriety code.

    4. Re:OSS as the end game by rifter · · Score: 1

      Right now OSS is in its main stream infancy. It's all roses and love and happiness.

      That is likewise a myth. Software began as open source and was shared. It is proprietary software that is the new model, and companies are switching back to open source because of the problems inherent in that model. Even in proprietary software, code sharing occurs at some level between areas of companies, companies collaborating, and even customers, and it is known that this is a good thing and why by anyone who actually works on the software.

      The more the code is shared, the more bugs can be fixed. The more bugs are fixed, the better the software becomes. It is that simple. Having multiple repositories as is the case with backups and escrow with proprietary software or the normal course of doing business with open source software, is likewise good because you have methods for disaster recovery. This article describes a case where the need for such methods was blindingly, painfully obvious.

    5. Re:OSS as the end game by Anonymous Coward · · Score: 0

      OSS is anologous to receiving money to kill your friend. Every line oc code that you write and give away for free has the potential to kill off a similar project that some is working on for profit. So the cheapest (i.e. OSS) will win in the end purely based on cost, and at the same time sending your fellow software engineers working on similar products into the unemployment line. I will not support this kind of a model.

    6. Re:OSS as the end game by Anonymous Coward · · Score: 0

      So, why dosent busineses employ this model? Because all businesses have their own "trade secreats" that they guard steadfastly. Its only the software engineers that become suckers for this stupidiology. If Microsoft shared its Windows or MS Office code with the rest of the world, they will not have the business that they have today. Why is it that software developers buy into this sucker philosopy and cut their own graves? If OSS becomes widespread, we might as well pick yp the begging bowl and be homeless right now... at least it will give us a head start.

    7. Re:OSS as the end game by Scarblac · · Score: 1

      There are loads of businesses currently employing this model. If IBM isn't a business, I don't know what is.

      No, there won't be many companies writing free software and trying to profit from it. Some companies pay programmers to make software that goes with their hardware, many companies pay programmers to customize existing open source software.

      Programmers and software companies can profit from contributing to OSS in their own time if they can sell services like that, using the software, to others. If they can't, they'll go bankrupt/jobless, obviously.

      Yes that means there will be fewer programming jobs overall, eventually. That also means that business is ripping itself off if it doesn't use OSS.

      This is progress. Some lines of work become obsolete and no longer profitable. Saying programmers writing closed source software are traitors, or something like that, is ridiculous. Programmers don't get to decide what a company uses and should use. Deal with it.

      --
      I believe posters are recognized by their sig. So I made one.
    8. Re:OSS as the end game by ichimunki · · Score: 1

      The fact remains that writing software and giving it away has yet to be proven as a longtime viable industry.

      In fact, you are full of it! :)

      All software started out free. In fact, the whole idea that someone can "own" an idea and sell it in widget form is relatively new in the world. On top of that you aren't even listening. The guy you responded was getting paid to write free software-- the parts his clients needed the most. I think it's extremely common for successful entrepeneurs like him to be the ones donating to projects.

      I can give examples: Perl (first with O'Reilly kind of hiring Larry Wall in a patron fashion, and then via the Perl Foundation), Ruby (Yukihiro Matsumoto works for a Japanese open source company Netlab), Apache (go look at the list of contributors/members), Free Software Foundation (not exactly hurting for funds), KDE/Qt (Qt being both free and non-free, a lot of shared developers on these projects at TrollTech), and many more. A lot of projects done by small firms seem to use the TrollTech and MySQL approach, releasing with dual-licenses. Some of these firms are also the first call for help when looking for new features.

      If anything, free software firms seem to be at least as healthy as proprietary software firms because they are constantly being paid to add value, not just to homestead the realm of ideas and put up a tollbox for passing through. Even the "big guys" like IBM are clear that selling the widgets is not a permanent strategy , which is why they have their huge services division.

      --
      I do not have a signature
    9. Re:OSS as the end game by Delphiki · · Score: 1
      The goal in capitalism is to send your competition to the unemployment line. It doesn't matter whether you're writing open source software, closed source software, building computers, building bridges, selling hamburgers, ...

      Now I know that sounds like I'm anti-capitalism, but in actuality, I'm very very pro capitalism. I just don't think there's anything wrong with putting your competition out of business.

      --

      Feel free to mod me "-1 - Angry Jerk".

    10. Re:OSS as the end game by mpe · · Score: 1

      The key essence of your jobs wan't that the software used was free. The same thing - by the admission - could have been done with proprietary software. And right now the proprietary stuff employs a multitude of people more than you.

      If developing proprietary means having to duplicate code which already exists or employ lawyers to work out complex licencing systems then that is more a sign of inefficency.

      The fact remains that writing software and giving it away has yet to be proven as a longtime viable industry.

      Only a tiny amount of software ever written exists as an "off the shelf product". For the vast majority of software the potential for selling it as is as some kind of product is zero. (Even where some software may be capable of being altered into some kind of generic product it could easily be uneconomic to do so.)

      From a business standpoint the OSS projects that are profitable make moeny from support, bugfixes, and donations.

      Software has an intrinsic property that the cost of duplicating it is trivial. What actually costs money is writing it in the first place, altering it, installing it, configuring it. In more generic terms human labour.
      In many cases where software is used it is infrastructure so it makes sense to treat it like plumbing, cabling, buildings, etc.

    11. Re:OSS as the end game by mpe · · Score: 1

      Software began as open source and was shared. It is proprietary software that is the new model, and companies are switching back to open source because of the problems inherent in that model.

      The proprietary software idea only really makes much sense with the kind of business model which involves a piece of software being sold to many customers. Whilst this is possibly the most visible part of the software industry it isn't the majority of it.

      Even in proprietary software, code sharing occurs at some level between areas of companies, companies collaborating, and even customers,

      Code being proprietary is a barrier here, since it can be a complex process working out if piece of code A can be included in project B. (It's perfectly possible to wind up with a situation where a developer no longer owns code they wrote in the first place.) Whereas if everything involved is open source there is no possible problem with code reuse.

    12. Re:OSS as the end game by mpe · · Score: 1

      No, there won't be many companies writing free software and trying to profit from it. Some companies pay programmers to make software that goes with their hardware, many companies pay programmers to customize existing open source software.

      As plenty pay people to alter proprietary software in various ways. The difference with OSS is that the company would no longer be relient on the whims of a third party software vendor.

      Yes that means there will be fewer programming jobs overall, eventually.

      It's kind of difficult to tell if there would be fewer, about the same number or more programming jobs were everthing to go open source. Different companies would want their software to do different things. When you have the source code available modifications can be made without limit, rather than just whatever some third party thinks should be changable.

    13. Re:OSS as the end game by mpe · · Score: 1

      All software started out free. In fact, the whole idea that someone can "own" an idea and sell it in widget form is relatively new in the world.

      Some people would argue that attempting to sell something which can be duplicated for zero cost just about anywhere on the planet is a poor business model in the first place :)

      The guy you responded was getting paid to write free software-- the parts his clients needed the most.

      Most software simply isn't viable as widget in the first place. It may be very specific to a certain use, it may not even be a complete program. Thus nothing is lost by using an open source licence. But things can be gained, the developer can take any piece of OSS and incorporate it in their project. They might need to modify it to fit their needs, but that is perfectly acceptable.

    14. Re:OSS as the end game by cduffy · · Score: 1

      Oooh, the poor buggy whip manufacturers! Think of the unemployment costs! Except that making cars still employes people. A lot of people.

      Making widgets employes people too. Now, maybe those widgets hava a software component -- frequently they do these days. If a widget manufacturer can save money by hiring two programmers to modify, maintain and debug an open source widget control package rather than just buying a commercial package from a company that employs 20 people -- oh, woe is me! We're putting the company that makes the commercial package out of business!

      Except that widgets get cheaper (customers win), the company's expenses go down and let them hire more people (the extra widget specialist who's now got a job wins), they have in-house tech support for solving software products with their widgets faster than the supplier would (customers win) and one or two OSS guys per widget manufacturering shop may end up turn up to be more employed programmers than the commercial widget control package employed in the first place!

      The simplistic view that OSS destroys jobs is just that -- simplistic. OSS may create jobs. OSS may destroy jobs. OSS may result in an increase in the number of jobs in general but a decrease in the number of jobs in software. You don't have the ability to answer these questions conclusively, and I don't either -- so get down off your high horse and quit spreading FUD.

    15. Re:OSS as the end game by cduffy · · Score: 1

      The fact remains that writing software and giving it away has yet to be proven as a longtime viable industry.

      I don't think it is. In fact, I think it's a damn stupid idea to start a business on.

      On the other hand, if you're making widgets -- particularly widgets which are really a hardware item with some software built in -- it makes a lot of sense to use Free Software. After all, what you're selling isn't the software, it's the widget. The software is a necessary component, sure -- but what it really is is a cost center. If you've got the choice between making your own software or contributing to a project by which the costs are shared, even with your competitors -- unless you've got vastly more funds than your competitors have, it's in your advantage to play.

      Now, let's say you no longer make hardware widgets. Let's say you produce software -- that your customers get shipped a generic box that anyone could buy that has some software you spent a lot of time and money to create that is the only thing that makes the box valuable. In that case, making that software itself open source would be a really Dumb Idea.

      On the other hand... what development tools did you use to create the software on that box? Wouldn't it be great if instead of spending $1K per developer you could just have one of your in-house guys customize or improve an open source project to make it suitable for your use?

      What operating system are you shipping on that box? How much are you spending per-unit on that OS? If you don't have the engineering talent in-house to make your own or to customize a previously existing open source OS -- why not pay someone who does have that talent to do it for you? There's still a compelling business argument for you, the manufacturer of a box which ships with expensive software -- you don't want to pay a royalties, and if you're paying someone else to do the OSS work for you, you may pay quite a bit up-front, but there won't be any royalties required. [Replace "operating system" with "application server" or "database" or any other piece of underlying software, and the argument in this paragraph still holds].

      Now, let's say you sell custom hardware and a custom, proprietary UNIX. Now, let's say you want a new GUI environment -- perhaps the one you were using earlier is a bit too old and crufty. Suddenly, you can roll your own commercial solution, buy a preexisting commercial solution... or use an open source one that's available. You go with open source, and you're spending a lot less than you'd pay if you rolled your own -- plus you're getting something that already has applications and users who're familiar with it. You can still sell your proprietary UNIX and the hardware that comes with it -- you're just spending less on the GUI.

      And so forth. There's a compelling argument for businesses not to make OSS their sole purpose of existing, but rather to use it to reduce their costs -- and as more businesses who are using OSS to reduce their costs decide to outsource customization and support of the OSS they use, there's an increasing role for companies to do these modifications and customizations.

      Finally, a thought: Just because my company doesn't have any cheques coming in from the open source Kerberos ticket-tracking applet I wrote at work, doesn't mean that it hasn't made them more money than it cost them for me to write it -- it's made internal support dramatically easier now that users no longer have weird things suddenly happen to them when their ticket expires. Further, because it's open source (1) I was able to write it faster because I was able to derive it from sources which otherwise would have been unavailable without the lengthy process of getting permission from their owners, and (2) there are 3rd party contributions -- the author of Shishi (an alternate Kerberos implementation) has, for instance, submitted a patch adding support for non-MIT Kerberos implementations; this means that should we ever have a good busine

    16. Re:OSS as the end game by cduffy · · Score: 1

      So you will see an OSS developer set up a system. During the honeymoon, they laud their moral superiority to property owners, but when the difficult maintenance issues come along, they come out saying: "Well, I am the only one who knows the root password, and I charge $xxx.00 per hour."

      I've never seen anyone do that, and I'd consider them scum if they did. Part of the selling points of OSS is that the customer can switch providers if they need to -- locking them in artificially is a dirty, cheap thing to do.

      And anyhow, I'm not at all sure that's a situation at all related to open source -- I've seen exactly the same thing happen with proprietary software which was (supposedly) a work-for-hire and owned by customer. Scum is scum, be their licensing open or proprietary; that said, though, I doubt very much that there's more of them to be found on the OSS side of the fence.

    17. Re:OSS as the end game by danheskett · · Score: 1

      I am not discounting the idea of OSS. I am just saying that OSS is not a viable industry. You have pointed out correctly that a lot of free software is written not for the sake of it, but, rather, as a by product of a specific business or widget making venture. That is true.

      Now, the thing of it is, my point was and is, that its not going to last in its current form.

      Whats happening now - and in your case with the ticketing system you mentioned - is that people who are not fully utilized are spending free time, work time, and other time writing OSS. That's great. But you were only able to do that because your company (1) had you, and (2) decided that thier money - your pay - is used wisely in writing this piece of software. Giving it away - well, thats just bonus and it pays back a little in the form of karma, contributions, improvements etc.

      But lets imagine this. Lets imagine the software you wrote was available commerically for a few hundred bucks, and it did exactly what your company wanted. Would they still have spent money to have you write it?

      OSS has a place, and that place is to commoditize software that can be made a commodity. That is my point. Companies founded on making OSS software and giving it away - as you seem to agree - aren't going to do well in terms of traditional software organizations. Only a very few will be long term viable, and those that are will focus on selling support and consulting.

      Selling support and consulting as a living is a bad thing for OSS. That will guide OSS development. Whereas commerical companies see support as a cost burden OSS companies will see it as revenue. Commerical software will continue to focus on ways to make it so that support is rare and painless. OSS will continue to become more archane, more complex, and less likely to be self-managing. This is only going to turn people away. Whats the good of OSS software if it is so complex or costly in support or unwieldy. You might as well buy OSS.

      On top of that, most companies care not for the source. It is a minor footnote really. The fact is that if a few developers drop from your typical OSS project that project stagnates and eventually dies. Yah, sure, some random XYZ company could hire a programmer if they really need that code, but in all likely hood they'll just migrate to something commerically available.

      In terms of OSS on the edges, this will continue. Tools like compilers, browsers, simple document editors, server components, etc are well suited for OSS - they are commodities. Software that controls printing presses, machines, vertical business functions, etc are going to stay and remain proprietary forever.

      So I guess that I don't see whats going on and why you felt the need to follow-up. I didnt claim OSS was bad, or useless, or anything. I never said it had no place in business. I am just saying its very rarely good business. It worked out good for your company because it was cheaper for you to write the software than to buy it commerically.

    18. Re:OSS as the end game by cduffy · · Score: 1

      Selling support and consulting as a living is a bad thing for OSS. That will guide OSS development. Whereas commerical companies see support as a cost burden OSS companies will see it as revenue. Commerical software will continue to focus on ways to make it so that support is rare and painless. OSS will continue to become more archane, more complex, and less likely to be self-managing. This is only going to turn people away. Whats the good of OSS software if it is so complex or costly in support or unwieldy. You might as well buy OSS.

      Let's focus on what does happen as opposed to what we think might happen, eh?

      My last employer, MontaVista Software, made their primary revenue from selling a development toolkit for embedded systems work composed of open source software, along with related services and support. Intentionally making our software "more arcane, complex and less likely to be self-managing" would have been suicide -- because we would have lost business to our competitors, either open source (such as Lineo) or closed source (like Wind River). In fact, because the open license permitted our customers to switch to a different supplier at will while still using the same software we provided, we had to work damn hard to keep them -- and we did.

      If nothing else, this inability to lock in customers is a powerful means of keeping OSS providers honest and customer-focused rather than seeking artificial ways of boosting revenue.

      Finally, remember that support still is a cost center for OSS maintainers. "Huh?" you say, "They're selling consulting". Well, sure -- to businesses that want enhancements. On the other hand, any respectable maintainer will very quickly get fed up with the constant user whining that goes on if their service needs to be restarted all the time, or has utterly unusable documentation, or whatever; most maintainers would also *far* rather be paid to do feature enhancements than play tech support, even if some of the tech support pays -- and that means keeping support requests to an absolute minimum. Finally, if someone's software is visibly fragile or poorly designed, it's all the much more likely that someone else's solution (or fork!) will overtake them.

      (And by the way, when I say "most maintainers", I'm speaking from experience. I currently maintain two OSS projects, and have done substantial amounts of work on far more).

      But lets imagine this. Lets imagine the software you wrote was available commerically for a few hundred bucks, and it did exactly what your company wanted. Would they still have spent money to have you write it?

      Let's see... me spending two days on a project modifying previously available open source software to do what we needed, as opposed to paying a few hundred bucks per workstation... yup, I think they'd take it.

      Additionally, "giving it away" was not a "feel-good" decision; it's something we did because the easiest way to get this thing written was to use preexisting 3rd-party code licensed under the GPL. Otherwise all that code would have had to have been written ground-up or commercially licensed -- and neither one of those is cheap.

      Software that controls printing presses, machines, vertical business functions, etc are going to stay and remain proprietary forever.

      Most of these I'll agree with you on, but here's the catch:

      Just about all of this software contains components which are in practice commodities. Machine control software includes software to do silly low-level things like timing, statistical analysis, serial line control, menu drawing, plotting; as commodity-level software, these components are prime candidates for release as open source. Anybody writing typesetting software these days and trying to get it done on a tight budget would be insane not to use TeX as their base. As for vertical business functions -- ther

    19. Re:OSS as the end game by danheskett · · Score: 1

      So, frankly: If your core point is that OSS "is rarely good business", I've got to flat-out contradict that point. It's very good business, as long as it's appropriately used.
      The point you have missed: in the cases you pointed out, including your own, the business isn't software. Most uses of OSS are not in the software business. You said yourself you were in the "related services and support" business. The software was OSS.

      I'll give you an example. In my home state town and city governments can interface with the state system for vehicle registration as a service to their citizens. This software requires strict compliance to the state spec, and must be updated on the whim of legislators. By law if the town offers registration it cannot be denied to a citizen - even if a computer is broke or a bug is present. That means highly-available support. Additionally it means that software fixes frequently must be implemented within 36 or 72 hours. The state must approve the "inputs" and "outputs" of the software.

      The software is expensive - usually about $5k upfront and a few grand a year. Best yet there only about 30-50 potential clients. And its completetly different in each of the 49 other states.

      This market will never be touched by OSS. The software is proprietary by nature. It requires expensive support contracts. It requires a hardware support contract.

      OSS in this market would be bad business.

      By and large this is how most software in terms of dollars is sold in the US. Most software is for vertical markets - like vehicle registration. OSS has proven to virtually useless except as comoditized bits - databases, server platforms, etc. As far as the *core* application goes, it is not a major factor. The only thing it is doing is increasing profit margins for the software vendors because they often can use free or cheap tools and free or cheap bits instead of expensive bits from closed vendors.

      This vendor going OSS would be stupid business. And it's impossible. There is no group of programmers would volunteer to take over this project - maybe perhaps one or two at any time (I live in a small state) someday, however, no town would use their software without a guarantee of service levels.

      Back to you and your two day project. It was cheaper for you to write the software, but that doesnt mean its always that way. In most cases most companies who use software *don't have a programmer on staff*. Hiring someone to modify that code is usually more expensive then buying the software commerically. This is why to this day commerical software is a HUGE business and OSS is a niche. A company without a programmer hiring a consultant to modify or make use of an OSS product would be making a very bad business decision. It'd be far more expensive in virtually all circumstances.

      Sometimes a company gets lucky and finds *exactly* what they want in *exactly* a good usuable form with *exactly* enough documentation. Those percentages will increase over time. A company used to using pcAnywhere may be able to drop in VNC (or maybe not, depending on what features they require). Those cases would be a good time for OSS to shine. However, at this point, that is a rare case - which is evidenced in the real world by the fact that Symantec has sold 8 million copies of pcAnywhere since 2000.

      Finally, about OSS and the support model. By and large most OSS projects are spearheaded by one or two individuals. They are small. Even complex projects have a few core motivators. The Really Big Projects have a few core submitters and dozens or hundreds of submitters. The projects that try to make money work on either (a) donations, (b) sale of support or services and (c) corporate sponorship. That's the only way OSS is making money. (A) is not a reliable business model. This is why most people who rely on this are in it just for the fun. Donations are extra. It is rare to hear of an OSS person making a living from donation

    20. Re:OSS as the end game by cduffy · · Score: 1

      In my home state town and city governments can interface with the state system for vehicle registration as a service to their citizens. This software requires strict compliance to the state spec, and must be updated on the whim of legislators. By law if the town offers registration it cannot be denied to a citizen - even if a computer is broke or a bug is present. That means highly-available support. Additionally it means that software fixes frequently must be implemented within 36 or 72 hours. The state must approve the "inputs" and "outputs" of the software.

      Sounds like an excellent place for OSS, with some provisios:

      • The software must be redesigned in such a way as to make state-specific rulesets [the business logic] completely scriptable (ideally in a high-level language such as Python).
      • The process for writing state-specific rulesets must be very well-documented.
      • The communications protocol between the hardware and software should be a separate, well-documented, pluggable layer.

      This is a win for the states: They can hire someone (possibly local) to maintain and debug their ruleset as-needed, or have their in-house programming staff do the same. Alternately, they can hire someone (and possibly a rather big someone -- I've mentioned the Big Blue Gorilla elsewhere) to provide contracted support guarantees.

      It's a win for competing hardware manufacturers. Right now there's a single source for this hardware, right? Same people who make the software, right? Commoditizing the hardware (by making the same software work with multiple hardware platforms) is a big win for non-entrenched players who think they could make the hardware cheaper, more reliable, or otherwise better -- but who have no chance in the market due to lock-in by the present vendor. Indeed, the most likely entity to start a project like this might be someone pondering entering the market selling competing hardware. (Another possibility is a government employee with some spare time after work).

      The folks who lose are the people who presently own the non-commoditized software -- but if someone else (be it a state or be it a hardware manufacturer) decides it's in their economic interests to build an OSS replacement, are you seriously inclined to call them wrong?

      However, your claim that you couldnt lock clients in is false. Unless you are working in a field of drop-in transparent components, it costs clients to port to a new toolkit, platform, or environment. Thats the truth.

      Of course it costs money to port to a different solution -- but part of the point of OSS is that a customer can switch providers without switching solutions . So no -- no vendor lock in.

      OSS software is getting more complex, more crufty, and less sparsley documentated[...]

      That's a strong claim you're making. Think you can back that up?

      I've been dealing with OSS for quite a while -- and I can say that it is unequivocably simpler to set up a single system or a whole lab or cluster than it was 5 years ago. Hardware detection Does The Right Thing, auto-install systems Just Work, application software is *tremendously* polished compared to what it was. Look at Eclipse, or GNOME, or Red Hat's Kickstart process, and then compare them to their 5-year-ago equivalents if you have questions on this point.

      Unless you can provide hard evidence, I'm going to have to call bullshit on that one.

      A company without a programmer hiring a consultant to modify or make use of an OSS product would be making a very bad business decision. It'd be far more expensive in virtually all circumstances.

      Not if the alternative is hiring a consultant to modify or make use of an in-house commercial product. I've worked at companies without in-house programming staff who nonetheless owned and used their own proprietary product. When t

  59. Keys! by eGabriel · · Score: 1

    This happened with my sequencer, Studio Vision Pro. The company, Opcode, was acquired by Gibson. I wanted to move my installation from my ancient powerbook to my G4, and found that Gibson was no longer supporting the product, and didn't leave a way for me to satisfy my key auth requirement (need a specific USB floppy drive to do it, if I am to do it at all!)

  60. That's not the lesson by alex_ant · · Score: 0

    The lesson is that if there is one thing open-source is not good at, it's developing highly complex specialized applications for limited markets. Appgen *could not have existed* as open-source, because geeks do not get their rocks off writing specialized accounting framework software, it's as simple as that. So you either pay the $2000, or you use the nearest open-source equivalent, which would probably be graphical abacus software written in ncurses or something, on which development has been stalled for the past 18 months. Or maybe Gnucash, if you can afford to hire enough CS majors to get it compiled.

    And the lesson for GNU weenies is: You're only allowed to complain if you have software that can do what Appgen does *as good or better than Appgen*. And you don't, so stfu.

    1. Re:That's not the lesson by jbolden · · Score: 1

      is one thing open-source is not good at, it's developing highly complex specialized applications for limited markets

      Not true. Open source is probably better at developing highly complex specialized applications for limited markets; most academic software if vastly more complex, specialized and limited than Appgen. There is a small subset of users who
      a) want highly complex specialized applications
      b) that have no academic merit
      c) nor utilize any interesting technologies
      d) and can pay a lot for these apps.

      That's who the commercial world does a better job supporting.

    2. Re:That's not the lesson by Short+Circuit · · Score: 1

      If you can give some examples, I'd love to be able to cite them.

      Personally, I find OSS software to excel at the general things for which there is a high demand. A lot more people become involved in bug testing and active improvement than do with a highly specialized projects. Examples of such prime projects include Linux, OO.O, Apache, GNOME, KDE, CUPS, and Debian.

    3. Re:That's not the lesson by jbolden · · Score: 1

      Sure. Lets take math. In the area of commercial software math programs focus on areas of interest to engineers hence you have programs like mathematica (primarily calculus / diff eq) and matlab (sparse matrix theory). But applied math covers only a very small percentage of the theoretical math landscape. The vast majority of programs are open source.

      For example virtually everything in computational number theory has been open source for 30 years. Similarly combinatorics. Just go to http://directory.google.com/Top/Science/Math/Softw are/ and you'll find a wealth of programs on many areas. Even Mathematica itself opensources all the libraries for specialized areas so they can get improvements. Its really only the engine and GUI which are closed source.

      Try and do work in mathematica over odd fields and you'll soon see why need Pari. Try and do advanced formal logic and you'll use coq. Try and do anything more than college math with mathematica and you'll be using open source libraries.
      ________

      Another area is conversational analysis / functional grammer. There is lots of software to support transciption.
      There is 0 commercial software for this niche. Most transciption software assumes you are interested in full question answers, whole transcipts, word searcing.... None offer complex indexing (to the word level) on transcipts. None offer the ability to build "collections" (very short segments of various transcipts with something of interest similar between them).

      The applications that do support it (like lerner) are open source

    4. Re:That's not the lesson by mpe · · Score: 1

      So you either pay the $2000, or you use the nearest open-source equivalent, which would probably be graphical abacus software written in ncurses or something,

      Is that 2,000 USD for an unrestricted site licence? Or would any user of the software be paying 10-50 times that in practice... If the latter then paying someone/some company to provide an OSS equivalent could be the cheaper option.

  61. Guns don't kill people... by Call+Me+Black+Cloud · · Score: 1, Troll

    ...and commercial software doesn't bankrupt businesses. The problem here is the unethical behavior of the Appgen principals. To excoriate closed source software because of this is ridiculous. Yes, had the code been open this would have been prevented but that argument makes no sense. Because there is no open source alternative today I submit that the code could only exist in closed source...clearly there is neither a need nor advantage to having this product be open source (or it would already exist that way). Opening the source now would benefit those who paid money for the dev kit but that would be taking the work of others and giving it away without regards to the authors' rights.

    1. Re:Guns don't kill people... by Dirtside · · Score: 1
      Because there is no open source alternative today I submit that the code could only exist in closed source...clearly there is neither a need nor advantage to having this product be open source (or it would already exist that way).
      That's complete BS. It's not even rational. There's no open-source version, therefore an open-source version CAN'T EXIST? Are you mad?

      There's a lot of niche software that doesn't have an open source equivalent (or no well-known open source equivalent), but that's usually because the people who need such niche software aren't programmers, and so don't write the software themselves. That's where open source software comes from: programmers who want software that does X, but find the proprietary (or extant open-source) versions lacking.

      The point isn't that "commerical software bankrupts businesses." In fact, that point isn't made, claimed, implied or inferred anywhere in the article! The point is that proprietary software can be a danger for the reasons in the article, and people need to be aware of it.

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  62. This happen to me with Visual Voice by Anonymous Coward · · Score: 0

    Visual Voice was a great set of APIs for talking to Dialogic telephoney boards. Thier competitor with a inferior product (Parity Software) bought them out, then discountinued the product. The offered "discounts" to "upgrade" to thier product. But it wasn't worth it.

    4 years later it's starting to show signs of wear as it doesn't play well with Windows 2000 or XP. Now I have to convert or die.

  63. So is there an open source alternative? by Kenja · · Score: 1

    As far as I know there is nothing in the open source world that would have meet the needs of the developers in this case. So are you all suggesting that they should have done nothing?

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  64. Escrow and bankruptcy by Exousia · · Score: 1

    The whole point of escrow is that the source is already in the possession of the escrow trustee, which would not likely be a firm that would just vanish overnight.

    --

    --Slashdot: News for Turds. Stuff that Splatters.
  65. Escrow by WatertonMan · · Score: 1
    Why didn't they have an escrow agreement? We sell proprietary toolkits and almost all our clients demand escrow agreements. There are numerous companies providing your service. You send them your source code and updates. They legally agree to keep it safe and secure. (i.e. no peeking) Then if you go out of business your clients have access to the source code.

    This is FUD if people are arguing this is an Open Source / Closed Source issue.

  66. Re:Sounds familiar by Greyfox · · Score: 2, Insightful

    Everyone has the source to Java. Well enough other people that it wouldn't matter if Sun went away. IBM has their own Java VM and Compiler (The rules for looking at Sun's code inside IBM are very strict.) The Blackdown people are allowed to compile it for Linux although I don't know the details of their source code license.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  67. Bad analogy by duffbeer703 · · Score: 1

    Auto firms build engine components to open, published standards. Because of this, there are many aftermarket parts companies making parts for most cars.

    Car components that are developed to open specs are not licensed to a particular car, so you are free to salvage parts from wrecked or otherwise inoperable vehicles.

    --
    Conformity is the jailer of freedom and enemy of growth. -JFK
  68. The problem is copy protection, not closed source by sakusha · · Score: 1

    The true cause of this problem is copy protection, not proprietary software vs. Open Source. If this product didn't use keygen based protection, you'd be able to use it in perpetuity, even if it was closed source. So bitch about copy protection, but if you gripe about closed source you just look like an idiot for griping about an irrelevant problem.

  69. Re:Not about open/closed source, it's about keys.. by jargoone · · Score: 1

    you're SOL if the company won't (or isn't able to) give you a new key.

    Mmm... not really. Desperate times call for desperate measures. (Warning: might not be a work-safe link)

  70. Nice troll by drinkypoo · · Score: 4, Insightful

    But this has already been covered once WRT Java, which is precisely the same thing. Java and .NET are both open specifications. There are a couple replacements for each (Java: IBM JDK, gcj; .NET: Mono, DotGnu) so if one of them should drop off the face of the earth there is a free and open source replacement.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Nice troll by rabtech · · Score: 1

      " This happens all the time, MS can choose to make a change and not rely on the standard. If some idiot thinks .net is anything but a stab at Java they probably thought that MS would continue to evolve IE when Netscape was finished ;)"

      Could the knee-jerk morons stop posting this please?

      There are two reasons dotnet will NEVER EVER break backwards compatibility: Side-by-Side and the Standards.

      Side-by-Side versioning means that on any given machine with the dotnet runtime, all major/minor versions of the runtime still exist.

      If I want to write a dotnet app against 1.0 instead of 1.1, I can do so. And I can install the 1.0 runtime anytime I wish. In fact I can install 1.1 first then 1.0

      That is the whole POINT. When v2.0 of the runtime comes out, it won't break any previous versions or introduce incompatibilities (ala changing the Win32 API or extending it, resulting in the horrid mess we have now.)

      The second reason is the standards. They are approved and out there for anyone to view. The 1.0 and 1.1 runtimes will continue to exist, VS.NET 2002/2003 will continue to run, and Mono will keep plugging along. Even if Microsoft never wrote another line of code.... or worse, made V2 completely incompatible, it wouldn't matter. None of that existing technology suddenly goes away. People installing V2 of the runtime don't lose the ability to run 1.0/1.1 products.

      Microsoft isn't stupid. Their bread is buttered by developers and they know it. The only way to yank the rug out from under Mono is to yank it from under themselves and their own developers, throw away Side-by-Side versioning, and violate the standards.

      Last but not least: take a lession in Object Oriented Programming. So long as Microsoft makes the object interfaces available to their developers, Mono (or any other project) can implement that interface using their own back-end solution. As long as the inputs, outputs, and expected behavior are the same there is no problem.

      If you think Microsoft would implement a bunch of new features into the runtime and not tell any of their developers or make any of it public, you understand nothing about the company. One thing it has focused on - the one thing that has helped it crush all competitors - is courting developers. Microsoft still has the best development tools and spends millions (billions?) on providing things like msdn.microsoft.com, visual studio, and so on.

      So please - spare us all of your stupidity - and stop posting this crap about how Microsoft is going to hurt Mono.

      Summary: Microsoft will make improvements to the runtime, but old versions will continue to run side-by-side preserving compatibility. Those improvements will be made available to Microsoft's own developers, thus will be known and can be implemented by the maintainers of Mono, even if the improvements are not submitted as part of the updated standard.

      *Patents are another issue entirely, and a legitimate one. Depsite the fact that several members of the dotnet, language, and VS.NET teams are cheering Mono privately, who knows what the PHBs will do. So in that respect, Patents are always a vulnerability, but that is the same situation nearly all open source software is in. The patent system is broken, and we can't let fear of it paralyze us.

      --
      Natural != (nontoxic || beneficial)
  71. Re:Sounds familiar by Yenhsrav_Keviv · · Score: 0, Troll

    Why not just switch to Python? It's an awesome language.

  72. Two more Free Software acc packs by ciaran_o_riordan · · Score: 1

    Don't forget that GNUcash and SQL Ledger already exist and are both GPL'd.

    1. Re:Two more Free Software acc packs by autechre · · Score: 1

      I always thought that GNUcash was more of a "personal finances" program, and the intro on their site seems to agree. I think that Appgen was more "corporate accounting".

      I'm certainly not bashing GNUcash; I use it myself, and you would sustain severe injury trying to take it from me. :) It also does seem like it would be possible for a small business to use it, as it does have AP and AR sections (which I use for roommates), though these don't seem to be tied to any sort of inventory system. But they do mention "Small Business Accounting Features" in their latest release.

      --
      WMBC freeform/independent online radio.
    2. Re:Two more Free Software acc packs by jmauro · · Score: 1

      GnuCash is in a weird state where it's really a personal finances program but the authors are trying to make it a small business system. And are failing at it, (while making the program less and less usable for personal finance situtations.)

  73. Re:Sounds familiar by AJWM · · Score: 3, Informative

    Lol, I'd be willing to bet if Sun went under there would be some major difficulties in the industry.

    How much money are you willing to lose on that bet?

    There are plenty of free or open source and third party sources for Java compilers, JVMs, bytecode compilers, class libraries and related apps.

    Sun could disappear tomorrow and Java would continue.

    --
    -- Alastair
  74. Re:Oh fer fuck's sake... by Anonymous Coward · · Score: 0

    Good, now you can waste your time somewhere else! Michael's controversial, always has been. If you don't like it, don't read his posts.

  75. escrow verification? by firewood · · Score: 1
    So how should one go about verifying that code escrow really exists?

    For the small developer, what's the lowest cost solution for legally verifiable code escrow? (That my brother has a copy of my backups isn't likely to be an acceptable answer... unless my brother is a major banks trusts & estates officer, and the code is held in a legal trust by the bank (== $$$ big legal fee's)).

    1. Re:escrow verification? by grozzie2 · · Score: 1
      For the small developer, what's the lowest cost solution for legally verifiable code escrow?

      the answer to that is simple, SourceForge ....

  76. RTFA by Nick+of+NSTime · · Score: 1
    Did you not finish the article? Tim Bray writes at the end:

    The Exception
    Which is not to say that the browser is the right answer for everything. Here's an overgeneralization which I think works. Computer applications, excluding games, fall into one of three baskets: information retrieval, database interaction, and content creation. History shows that the Web browser, or something like it, is the right way to do the first two. Which leaves content creation.

  77. Open vs. Closed souce isn't the issue by pagercam2 · · Score: 1

    Open vs. Closed souce isn't the issue. Yes open source avoids this type of problem, but it could have been avoided by a half decently run company. Appgen left its paying customers out in the cold when it went out of bussiness. They could have opened the source code or provided the key generator or whatever they need to do to provide thier customers with what they bought/contracted for. Appgen couldn't have disappeared overnight even quickly failing companies take months and months to go away and they can ussually unload thier products to competitors at pennies on the dollar or help customers in someway. Appgen acted irresponsibly if they stranded thier customers, open source might have helped but comericial products are difficult to allow open source but at the end of the day Appgen failed it customers!!!!

  78. Or if they had a source code escrow... by jordandeamattson · · Score: 1

    Open Source isn't the only way to have solved this problem. A simple thing called a source code escrow would have solved this problem. If this had existed, with the term that if company goes out of business or is otherwise unable or unwilling to fullfill it contractual obligations or have them fullfilled by a successor within 30 days, the escrow is broken, everything would have been fine.

    Of course, if you are a carpenter, ever tool is hammer and the world is filled with nails; and if you are an Open Source zealot, then all problems can be solved by Open Source.

    Don't get me wrong. I like Open Source in many situations. But it isn't the solution to each an every problem on the planet.

    Yours,

    Jordan Dea-Mattson

    1. Re:Or if they had a source code escrow... by Anonymous Coward · · Score: 0
      A simple thing called a source code escrow would have solved this problem.

      Read the article.

      At least, read enough of the comments to see that the other people who've made similarly ignorant posts have also been berated for not reading the article.

  79. Actually you do have a warranty with Ford by melted · · Score: 1

    They will have to support your car for as long as it stays under warranty. Like 6 years 100000 miles or whatever. Otherwise they'll get sued.

  80. Good Riddance by npsimons · · Score: 1
    Appgen was a piece of shit. I'm not surprised that the company that made it went out of business. There are many, many, many other much better alternatives, including coding something from scratch yourself.


    I feel sorry for all the people that payed for Appgen. I feel even more sorry for anyone that had to work with it. I only know of it because I had a contract working on Appgen maintenance programming once a couple of years back. Fortunately, the company I was working for supplied all the manuals and software.

    1. Re:Good Riddance by Anonymous Coward · · Score: 0

      There are many, many, many other much better alternatives, including coding something from scratch yourself.

      Then list these many, many other alternatives.

    2. Re:Good Riddance by npsimons · · Score: 1
      Then list these many, many other alternatives.


      How about GNUCash for one? Or Quickbooks?

  81. Can't generate keys? by Anonymous Coward · · Score: 0

    Heh. Has anyone tried a google search on appgen serialz?

  82. Buy Microsoft by Camel+Pilot · · Score: 3, Insightful

    I am sure there are those in the mega-corp world would see this as an example why you need to use Microsoft,Oracle, etc. because going with a smaller startup company could leave you stranded. Just a thought.

    1. Re:Buy Microsoft by jonbryce · · Score: 3, Insightful

      It is not beyond the bounds of possibility for Microsoft to go belly-up, especially after Bill Gates retires and is replaced with someone who has a different approach to management.

      If you are in the UK, you may have heard of a company called GEC Marconi. Under its previous director Lord Weinstock, it amassed a cash pile that was almost as big as Microsoft's. When he retired, he was replaced by another director who went on a huge spending spree and turn the huge cash pile into a huge debt pile.

      They were rescued from the bankruptcy process, but as a much smaller company. Shareholders were left with nothing.

    2. Re:Buy Microsoft by Anonymous Coward · · Score: 0
      ...especially after Bill Gates retires and is replaced with someone who has a different approach to management.

      Like Steve "The Sweating Pig" Ballmer?

    3. Re:Buy Microsoft by Anonymous Coward · · Score: 0

      Ya know, a company doesn't even have to go bankrupt to leave you stranded. And Microsoft or Oracle are particularly BAD examples to wave around.

      MS - surely you noticed the references here to FoxPro? And they have been even quicker to abandon products when it suited their bottom line (ex: NT4 and win98) forcing their customers to upgrade to newer products that did NOT a) run on the same hardware, b) even run the applications that said customer might depend on for their business.

      Oracle - just as bad as Microsoft. Right now, they don't even offer certification for 9i anymore, let alone sell it. But a helluva lot of people use it, depend on it, and are leery (justifiably so) of purchasing their later products because of their bugginess and the huge requirement for computing resources.

      Now these examples are unique to proprietary software models.

  83. Re:Oh fer fuck's sake... by jonathanduty · · Score: 1

    geeze people. Its a freakin slashdot post, not an amendment to the U.S. constitution. Get a life and something real to worry about.

  84. Escrow and bankruptcy by Exousia · · Score: 2, Informative

    A "written escrow agreement" is meaningless unless there is actually a third-party escrow trustee involved from the beginning. This is what escrowing is. (See http://dictionary.reference.com/search?q=escrow)

    The VARs and SIs should have known better.

    --

    --Slashdot: News for Turds. Stuff that Splatters.
  85. But who would enforce the law? by mgkimsal2 · · Score: 1

    The company that is essentially not in business anymore? I see this as Appgen is not holding up their end of the bargain and people are having to do what they need to to survive.

    I do not advocate piracy - these people have already paid to use this software. They are effectively *fixing* the situation. Now, if they continue on developing more appgen apps with cracked keys, that's a problem.

    1. Re:But who would enforce the law? by Anonymous Coward · · Score: 0

      That's not the biggest problem. Remember when euro came around? How many programs had to be adapted to work in euros? IBM made a lot of money from adapting closed source apps from dead companies.

      Even if they get a license key now, they'll need to update the software sooner or later. If that's not possible, they'll have to buy a new one AND pay the developer company for migrating the old data to the new application.

  86. Mod parent up by Woy · · Score: 1

    My toughts exactly. I cant believe that grandparent got modded up.

    --
    "If God created us in his own image we have more than reciprocated." - Voltaire
    1. Re:Mod parent up by cduffy · · Score: 1

      WTF? I've been hired by a company to circumvent an anti-piracy measure on a piece of accounting software they purchased legally but could no longer access because the dongle broke (and the company that made it the software was out of business, so they couldn't get a new one). This was before the DMCA, so it was entirely legal.

      Not all cracking is illegal or illegitimate.

    2. Re:Mod parent up by Woy · · Score: 1

      Regardless of DMCA, the story was about a software development platform, from which new products were developed. They didn't lose their keys (or break their dongle), they needed to generate new keys and couldn't. New keys, if they can't generate them themselves, means they would have to pay for them. If they keygen-erate new keys without paying and base their efforts and business model in selling products with those keygen-erated keys as base, they risk losing their house when the bankrupt company's assets are autioned off somewhere and someone who ends up owning the source code sues them. It is one thing to crack the software you legally bought, it is another thing to risk your business in illegally generated keys. If they could legally generate keys, they would have the master keygen already.

      --
      "If God created us in his own image we have more than reciprocated." - Voltaire
    3. Re:Mod parent up by cduffy · · Score: 1

      Their contract specified that the source was held in escrow and that they'd get the copy of it -- and the keygenerator -- if the company they purchased it from went out of business. Whoever buys rights to that source would have a very hard time explaining why they're prosecuting someone for cracking a piece of software that their predecessor in interest was legally obliged to give out a keygenerator for anyhow.

    4. Re:Mod parent up by Woy · · Score: 1

      In that case, you are right.

      --
      "If God created us in his own image we have more than reciprocated." - Voltaire
  87. Sun going under... by Anonymous Coward · · Score: 0

    If Sun went under, IBM still has a kick-ass VM and SDK.

    The minute Sun really starts going under, they will be gobbled up by IBM in a heartbeat.

    1. Re:Sun going under... by chez69 · · Score: 1

      actually, IBM would probably just want java. the rest (hardware, customers, and service contracts) would be scooped up by Fujitsu

      --
      PHP is the solution of choice for relaying mysql errors to web users.
  88. hm. by Schwartzboy · · Score: 1

    Okay, which of you bastards wrote this article? I know it was a Slashdotter. Here's my proof.

    Now contrast this with an open source business model:
    1. Modify an open source software package to fit a niche market
    2. Sell installations, manuals, customization service, and support to that market
    3. Profit!


    Seriously, isn't there some sort of recourse for the VARs to get access to the servers/backup media/whatever from the Appgen people, no matter which creditor ends up owning the machines and such? Presumably, the source code was promised to the VARs in an agreement that existed before the bills and the disappearance of the company, so there's some provision for a first-come, first-serve sort of situation, especially since the creditors can go ahead and take posession of the machines and/or physical media once the VARs have copies of the source to distribute, right? I have a hard time believing that once the company is gone no one is responsible for an agreement like this. I-ANAL, though....

    --
    "Linux doesn't exist. Everyone knows Linux is an unlicensed version of Unix"- Kieren O'Shaughnessy
  89. Only the .net VM is open MS may drop parts by Anonymous Coward · · Score: 1, Insightful

    This happens all the time, MS can choose to make a change and not rely on the standard. If some idiot thinks .net is anything but a stab at Java they probably thought that MS would continue to evolve IE when Netscape was finished ;)

    As long as Java exists .net exists, ironic but true. If Java were ever to go away, .net would become MS.Net with "propriatery windows enhancements" (which is not a stretch from what it is right now).

    Java OTOH has several open source implementations and a very well documented API and standard process that goes all the way. Not to mention that the full Java server stack is open source!

    1. Re:Only the .net VM is open MS may drop parts by asdfghjklqwertyuiop · · Score: 1

      Not to mention that the full Java server stack is open source!

      Except a JRE... specifically a complete, up-to-date class library. I know there already are a few open source JVMs.

  90. Software Patents Could Be at Fault. by ratfynk · · Score: 1
    Software patents are most likely involved. If the code was valuable then it would be out there already. What most likely happened is: software patent conflicts for the developers and customers caused the demise, OR: Perhaps they got an industry sponsored MS styled golden handshake like SCO is getting.

    The only reason that there are no really great OpenSource accounting packages is patents. Until the idea of computer controlled inventory, cash, device to spreadsheet interface software is PD this situation will exist.

    Fortunately the guys who invented the computer spreadsheet had vision. The patents problems are with using automated interfaces to what is essentialy a spread sheet. More bullshit, and the only reason MS exists in the business world at all!

    To enable inventory checking, sales, costs, by computer requires device driver interfaces. Unfortunately these devices and their I/O system are all patented, and require proprietary drivers. For trying to reverse engineer the device drivers necessary for automated accounting systems and devices, your ass could become legal grass.. real quick.

    So all OpenSource can offer is great all in one OS's and the possibility in future to easily roll your own devices. If more hardware manufactures come into light then things will change very rapidly. Microsoft would evaporate over night. MS does have a habit of pissing off manufacturing developers like IBM so this will most likely occur in the next 10-20 years. The more people MS pisses off the faster the crash. And what a crash it will be, it will make Mt. St. Helens look like a fire cracker!

    --
    OH THE SHAME I fell off the wagon and use sigs again!
  91. Pure fud, Java is here to stay by Anonymous Coward · · Score: 0

    Java has several open source implementations and a very well documented API and standard process that goes all the way (standarizing everything not just core libraries and VM). Not to mention that the full Java server stack is open source!
    Currently Sun also allows you to download the full source code for Java with a license that does not qualify as open source, but is definetly not as restrictive as some other licenses.

  92. Moneydance survived by Zapdos · · Score: 2, Informative

    Moneydance, a pretty good pfm written in java was acquired by Appgen some time back. They may have seen it as a competitor. It was released to its original author and was reborn as Moneydance 2003 in June of this year. It is supported and for sale. It is lucky to have survived, Appgen had stopped supporting it, and it all but vanished.

    1. Re:Moneydance survived by Legionary13 · · Score: 1

      For a moment it looked as though you had read the article before posting. That can upset people. On re-reading I see that you seem to know what you are talking about, instead. Same warning applies.

    2. Re:Moneydance survived by Cro+Magnon · · Score: 1

      You said it yourself. It survived by luck! It just as easily could have sunk without a trace.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  93. Re:Oh fer fuck's sake... by Anonymous Coward · · Score: 0

    oh no, slashdot has lost the respect of some anonymous do-nothing jackhole from Nowhere, Internet. Shut 'er down boys, it's time to go home.

  94. Does no more company means it's ok to crack? by PetoskeyGuy · · Score: 1

    So if this software is belly up, why not find some 0 day elite hacker crooks to figure it out for a fee. Or I suppose, just declare it to be too impossible for them to do and see how fast it gets done.

    Way to take an isolated incident and try to make a point. This is a huge generalization and generally false in my experience. In this case some developers lost.

    Borland, Metroworks and other proprietary software companies make awesome products and I couldn't get by without them. There are lots of other smaller companies that have gone under, but a little bit of assembley and a hex editor can usually fix anything. If they are out of business, there shouldn't be any problems.

    BTW, in many cases copy registry HKLM\Software\Licenses from a working machine to another machine to "register" controls. Not sure if this will help anyone with AppGen or not.

    1. Re:Does no more company means it's ok to crack? by __past__ · · Score: 1
      So if this software is belly up, why not find some 0 day elite hacker crooks to figure it out for a fee.
      Maybe because it's illegal? Somebody does own the rights to the software (there basically is no way that nobody does). Granted, if this somebody would show up, he would have to stand in for the fake escrow, but would you buy software that depends on a cracked version of end-of-lifed software because the developer tells you that if you are sued because of this, the legal battle will be long and complicated?
    2. Re:Does no more company means it's ok to crack? by Anonymous Coward · · Score: 0

      I think the software is still owned by mark Andre (Appgen was registered as a corp. in his wife Diane's name). The product is in legal limbo now- selling is not a wise idea. Generating keys? Well, not really hard to do- keys are tied to inodes, I know the basic setup and either myself or someone I know could hack this. But would I? No way, Jose. Mark Andre wants money- you know the boy would come back and sue VARs who were cracking and selling his product without permission.

  95. Lose? How's that possible... by NineNine · · Score: 1

    I lost as a closed source developer? Really? Hmm... I was a developer for 6 years, earning more than 6 figures a year doing that, while I earned nothing for the public domain apps I wrote. Hmmm... If you call that "losing", then I'd *love* to "lose" some more!

  96. Re: Services by Anonymous Coward · · Score: 0

    As outlined by ESR in The Cathedral and the Bazaar (and all the other essays that came with the book), you open the code and promote support and additional services.

  97. Wrong title for the article by Anonymous Coward · · Score: 0

    Developers do not lose. They were paid to write a piece of software meeting particular requirements for a particular entity (their employer). They do not have any rights over that piece of software, unless their employer explicitly states so.

  98. Re:Oh fer fuck's sake... by MrFreshly · · Score: 2, Funny

    Someone needs a hug .

  99. And often, you can't support it even if OSS by Sycraft-fu · · Score: 1

    Like take where I work, for a Network Operations group. As you might guess, we operate the network. This means we know routers n' switches and such. While some of us know how to program, none of us are programmers.

    So, suppose we find an open source app that does something useful like, say, send lethal electrical shocks down ethernet to kill script kiddiez. It's not as powerful or featured as the Cisco ScriptKiddie Zorcher 3500, but it has the advantage of being free, plus the author says he's working towards all the features Cisco has.

    Well all of a sudden the author just up and disappears and abandons the project. Maybe he got killed, maybe he decided to start a lunar theme park with blackjack, and hookers (in fact, forget the theme park). Whatever the case, he's done with this program for good, and no one else seems to want to pickup the torch. What's worse, an exploit was just discovered in the software that allows the script kiddies to use it against other people.

    So what do we do now? None of us have the skills or the time to fix the bug, much less implement the features we need. We basically have two options:

    1) Contract a company to fix the exploit and add features. Expensive, and a one-time fix unless we pay a recurring fee.

    2) Hire a programmer on to work on it. Also expensive. Even in a low job market, they still don't work for nothing.

    This would be even worse if this were a graphics package and we were a design house with noone who even knows where to start.

    So just because you have the source, doesn't mean that it does you any good. Many companies would prefer to try and find a reliable commercial vendor that is highly likely to be around for a long time. It costs more, but can be much cheaper than what it would cost in getting screwed later.

    1. Re:And often, you can't support it even if OSS by zalas · · Score: 1

      Even though you would be in a predicament even if the code were open sourced, you would still have some options, namely the two mentioned ones. However, if you have no source to begin with, your options become very limited.

    2. Re:And often, you can't support it even if OSS by Sycraft-fu · · Score: 1

      As others said, code escrow. It's easy to do. Then you get the code if the company disappears.

    3. Re:And often, you can't support it even if OSS by Myxorg · · Score: 1

      As other other people have said, code escrow didn't work in this case.rtfa...

    4. Re:And often, you can't support it even if OSS by Daniel · · Score: 1

      How does that do you any more good than having source code to start with? That's assuming you can get the source -- in the case in the article, it appears that the code escrow didn't work the way the customers expected it to.

      Daniel

      --
      Hurry up and jump on the individualist bandwagon!
  100. Re: Developers Lose With Proprietary Software by jonbryce · · Score: 1

    Many people here have pointed out that free software projects generally don't make money.

    They are absolutely right. They don't.

    Proprietary software projects generally don't make money either. Just look at Appgen. Most projects don't even do as well as this.

    Looking at the success level of every sourceforge project out there and comparing it with the very few proprietary software companies (probably less than ten) that actually make any sort of money out their efforts isn't really very fair.

    Of course looking soley at the packaged software market isn't very fair either. It is tiny, insignificant proportion of the total IT spend. Most of the money goes on custom in-house development, support and consultancy. Even if the entire packaged software market were to completely vanish tonight, people would still pay money on these things, and the vast majority of IT professionals would still have a job. In fact, a switch to Free Software would help rather than hinder these people in their efforts.

  101. "Open-source" businesses and business models by Stygius · · Score: 2, Insightful

    My assessment of open source is that it is, at its core, a software development methodology; one that is closely related to methodology of science.

    Now, if this assessment is even half accurate, it would be quite absurd to blame the failure of a certain business model to the development methodology it favoured above others. In fact, methodologies cannot themselves be attributed any value; they may, at most, have different degrees of fitness for a particular purpose.

    I think labeling a certain business model or a company as "open-source" is not only incorrect - it causes a lot of unneeded confusion. It is easy to get the impression that when an "open-source" company fails, it is a blow to the whole "open-source community", when this clearly cannot be the case when we view open source as a development methodology.

    I know that Eric Raymond, Bruce Perens and others have done a lot of work to make us think warm, fuzzy, positive thoughts when hearing the words "open source", and I understand their reasons for doing it. However, one of the drawbacks of using that kind of tactics is that we will continue to see "open source" applied where it does not belong, taking blame where there is none to be taken.

    A monk asked Joshu, "Does this company have the open-source nature?" Joshu retorted, "Mu!"

    1. Re:"Open-source" businesses and business models by Anonymous Coward · · Score: 0

      Exactly. Far too many people fail to see that there is no such thing as an open source business model, only an open source development model. You have to find buisness model that harness the advantages of the development model.

  102. Remember Eazel? by langarto · · Score: 1

    Do you remember Eazel?

    That company went bankrupt too. The difference is thet they customers weren't so much screwed. Nautilus is still around and improved.

  103. Re:The problem is copy protection, not closed sour by jonbryce · · Score: 1

    Accountancy software needs to be updated for things like changes in tax legislation. That is why a support contract of some sort is essential, even if it is Free Software.

    At least if there isn't copy-protection, you are pretty much guaranteed to be able to print out the data and re-key it into another system at the end of the tax year, but you don't want to have to do that too often.

  104. My story: PHP versus ASP by Anonymous Coward · · Score: 0

    This is one of the main reasons why I chose PHP over ASP a few years ago.

    I knew Microsoft was large and powerful, but I also knew that it had the potential to stumble badly on the server side. I could imagine market forces (or even Microsoft itself) making ASP irrelevant in a few years.

    But "market forces" are irrelevant for PHP, because PHP doesn't participate in the "market". Its strength comes from the huge number of people who each individually choose to use it, even though no company tells them to.

  105. Sourcecode escrow by Anonymous Coward · · Score: 0

    These developers were short-sighted then.

    There is no reason that shouldn't have demanded to enter into a source escrow agreement with the company. Then they wouldn't be in the position.

    There are ways to avoid this problem without resorting to open source. (i.e. Open Source isn't the only solution to this problem).

  106. Has anyone ever seen software escrow work? by GGardner · · Score: 2, Insightful
    I'm not asking this to be smarmy, I'm really curious, and I hope that I can get an answer, even though this reply is late in the thread. Every time I've seen software escrow (from both sides), it was a last-minute thing, and not really thought through well. On the developer side, every quarter, the lowest developer on the totem pole was asked to tar up a source tree, put it on tape, and FedEx it to the escrow company. Was that tree buildable? Who knows? Did it correspond to any version we shipped? Doubt it. Did we ship full build instructions? Nope.

    For software escrow to really work, the escrow company has to be in between the developer and the end user. Whenever the developer wants to ship a new release, the escrow company should check it out of the source code control, build it themselves, and they should ship the binaries to the customers. This is the only way to ensure that the binaries the customers run are fully covered by escrow. But no one does that -- it is too expensive.

    1. Re:Has anyone ever seen software escrow work? by Detritus · · Score: 1

      One project that I worked on had the right idea. The developers delivered a new build by generating a tape with all of the necessary source code. The test group took the tape, loaded it on their system and built the system from scratch. This ensured that what was tested and delivered matched the source files on the tape. Even with a good tape, you still have the problem of exactly recreating the build environment.

      --
      Mea navis aericumbens anguillis abundat
    2. Re:Has anyone ever seen software escrow work? by Jason+Pollock · · Score: 1

      It all depends on how structured a development environment you have. If you have automated build systems, then you should be able to do it pretty easily (use the same tags as your last release). The hard bit (I found) was in gathering all of the required documentation. I had to find word documents, txt files, things on Zope, etc...

      Of course, we had a policy of checking any non-standard tools into CVS with the code. That way, we versioned the build system with the code. The only things that weren't in CVS were gcc, gmake, bison/flex.

      It all flows from how serious you consider the problem of a bad deposit. I went from the point of view of "What would I like to get if the company goes under?" I figured the customers will turn to the current employees if the business goes under. I wouldn't own the existing code, but I would have access to what is in escrow. It was in my individual best interest to see that it worked. :)

      Our setup guaranteed that what was in escrow was what was delivered, and what was in escrow compiled - most of the time. :)

      Jason Pollock

    3. Re:Has anyone ever seen software escrow work? by GGardner · · Score: 2, Funny
      The only things that weren't in CVS were gcc, gmake, bison/flex.

      My hard-core version control friends say that everything should be under version control in an ideal environment, including compiler and host operating system! I think that's a bit extreme, but I like to use the -V version option to gcc in my makefiles to at least document which gcc version the code requires.

  107. Skewed by Anonymous Coward · · Score: 0

    From reading the comments this story is about as one sided as a Microsoft FUD.

    Lets follow the logic:
    I think some open source software looks and runs like a bad microsoft knockoff. Therefore all open source programs look and run like bad microsoft knockoffs.

  108. So let me get this straight..... by DesScorp · · Score: 2, Interesting

    A proprietary software company goes out of business and screws its' customers along the way.

    Thus, proprietary software is by nature a bad thing. AND, by the linked story's own formula, you're more likely to profit by going with open source.

    This is simply foolish. If all proprietary companies did this, then yes, you could draw this conclusion. But this was one (very badly run) company, and a small one at that. Small businesses close their doors all the time, sometimes leaving their customers high and dry. You think Appgen is the only one that's ever done this?

    How about all of the software companies that have suceeded? How about all of the companies that have supported their customers in good times and bad? For God's sake, IBM supported OS/2 for years, even when it was clear that few people were using it. There are hundreds of other examples I could give of software companies doing the RIGHT thing.

    Open Source is a software development model and philosophy.You can argue that it's a morally superior way of business, but not a more profitable one.

    And even if Appgen's code was open, that still doesn't get their customers off the hook. Where will those customers go for support? The VARs? There's only so much they can do. Even if the app was turned into a large coordinated open source project, it would still take time to assemble the proper volunteers and get the app back on track. And the customers are STILL screwed out of paid support.

    I have to agree with some other posters here. Mod the article -1 GNU/Preachy.

    --
    Life is hard, and the world is cruel
    1. Re:So let me get this straight..... by Anonymous Coward · · Score: 0
      A proprietary software company goes out of business and screws its' customers along the way.

      Thus, proprietary software is by nature a bad thing. AND, by the linked story's own formula, you're more likely to profit by going with open source.

      Yes.

  109. Re:Oh fer fuck's sake... by I8TheWorm · · Score: 1

    Looks like someone has the case of the Mondays! Oh, wait, it's Friday.

    I agree that this article was incorrectly described by michael. It has nothing to do with proprietary software, and everything to do with a bad business decision. There are tons of escrow services out there and they should have either been aware of that, or have been ready for the idea that they were pissing away $2k per license.

    That being said, there are quite a few aticles posted here by the editors that I don't think are worth reading..... so I don't read them.

    It's pretty difficult to register a complaint with a group that provides a service for the low price of... nothing.

    --
    Saying Android is a family of phones is akin to saying Linux is a family of PCs.
  110. OSDN info by Valiss · · Score: 1

    FYI

    http://www.osdn.com

    --

    -Valiss
  111. Revenge doesnt help by Srin+Tuar · · Score: 1

    Although they are probably bankrupt you can still take away their childrens' college fund


    How is revenge supposed to help? Its certainly not going to produce the source code, nor will it repair your reputation with your customers.

    Escrow is and always will be a risk.

  112. Re:Lose? How's that possible... by Anonymous Coward · · Score: 0

    Heh, you actually give a shit about money, that's funny. How quaintly archaic; but kind of cute too. Like a toddler drooling on its rattle and waving it high for the world to see. Little hidden beads of plastic drumming its superiority, as runnels of spittle fly through the air.

  113. Interesting factoid... by plopez · · Score: 2, Insightful

    Next time some one talks about how it is better to buy proprietary solutions because of better 'support' point out that the following;
    of all the technologies traded in th NYSE in the early 1970s, only IBM is left.

    Sperry - gone.
    Burroughs - gone.
    DataGeneral - gone.
    CDC - gone.

    The list goes on. Thier proprietary solutions by and large are dead. DEC merged with Compaq which got bought out by HP and now the Alpha and VMS are orphans.

    HP is in a death spiral.

    MS is a new kid on the block (Burroughs for example was around for 50 years or more), and so should be regarded as shaky.

    Other companies made forays into computing but pulled the plug in the 60's and 70's. Technology is a VERY volatile industry, the only way to really cover yourself is by getting the source code.

    --
    putting the 'B' in LGBTQ+
    1. Re:Interesting factoid... by Phloyd · · Score: 1

      Nope. Burroughs and Sperry merged and became Unisys which is still around.

    2. Re:Interesting factoid... by plopez · · Score: 1

      Yes, but if you look at it, they are mainly services and Wintel box shifters (admittadly high Wintel systems). THIER proprietary technology is basically dead.

      They also mention Linux and UnixWare, niether of which is thier technology either. And thier site pushes Wintel, not Linux.

      --
      putting the 'B' in LGBTQ+
    3. Re:Interesting factoid... by Anonymous Coward · · Score: 0

      > they are mainly services

      AKA, doing support for their dead, proprietary platforms. A number of airlines still run Sperry, for example.

      I think if you looked the "services" business of IBM or HP you'd find something similar -- their proprietary platforms are the source of the bulk of that revenue, and they do very little general work.

    4. Re:Interesting factoid... by Anonymous Coward · · Score: 0

      To add to the "interesting factoid" its usaully the crappier technologies that succeed as the better technologies have died away... purely a matter of the cheapest solution that works! Alpha is clearly a btter procesor than the intel, nobody would question that... so is the PowerPC, MIPS, etc. Another excellent example is Windows vs Unix argument. Windows is clearly an inferior piece of technology compared to Unix. Making the argument that these died because they are proprietary is very silly indeed. They died because of cost and business decisions, meaning the retarded Business school guy was smarter than the smartest engineer. In the biz world cost containment is king, and OSS will eventually win because everybody likes freebees... and bring down the software engineering industry along with it. So, who wins ultimately? The biz school bully that used to pary, not the engineering geeks that stayed up late stuying hard. OSS is probably the brainchild of one such biz school bully that saw the opportunity make suckers out of engineers!

  114. Any tips? by Short+Circuit · · Score: 1

    Dear God, you lead a charmed life. Any tips on finding career paths like that? I'm sure a lot of OSS advocates want to know.

    1. Re:Any tips? by rifter · · Score: 1

      Dear God, you lead a charmed life. Any tips on finding career paths like that? I'm sure a lot of OSS advocates want to know.

      I do not know a single open source developer who has had trouble finding work even in the previous bad economy. I do know plenty of admin and support types having problems. I know a lot of open source developers and they are actually in good demand to work with the products they like; the poster's career path actually sounded pretty typical to me.

    2. Re:Any tips? by Anonymous Coward · · Score: 0

      Ofcourse not. You work for free. How can you be unemployed? Have you ever thought of how many people you have made unemployeed because you giving away your code for free gave the business type the bright idea of not paying his employees?

    3. Re:Any tips? by Short+Circuit · · Score: 1

      Perhaps some tips in how to get started? My only jobs thus far have been in academic tutoring positions.

    4. Re:Any tips? by cduffy · · Score: 1
      Well, my real break was getting a position at MontaVista, and that was really more a who-you-know bit than anything else (one of my schoolmates was Employee #7 or so when they were first getting started). For the rest of it... I met my contact at the school district at a LUG installfest where I was helping out (incidentally, he also happened to own a small chain of beauty salons, and I got a bit of extra work from them). The car dealership position I also got through a schoolmate (who had accepted the contract but found his skills inadequate to finish it on time without help; after that contract was completed, they decided they wanted to keep me on for other things).

      My current job is really the only one I can think of offhand where I didn't have some kind of reputation or other prior relationship helping out (as I'd moved halfway across the country, and MontaVista's suits had and have an annoying policy of not giving out references for their ex-employees). In this case it was just my resume, a good interview and willingness to work for cheap that hooked 'em. (The CEO told me that the engineering staff had reccomended me out of the interview pool, despite not having finished my degree and being up against folks with PHDs; in my estimation, the reason I got that thumbs-up was the range of areas I was competant in -- or at least competant enough to discuss them clearly in the interview. They also badly needed a new sysadmin at the time, and my ability to fill in that role as well as the application development position I'd originally applied for weighed in heavily as well).

      Incidentally, btw, I just got an offer of a rather interesting part-time contract position within the last few days... and received it largely as a matter of knowing the right people (as well as, of course, having the requisite skills). One part of the contract involves a set of proprietary legacy software; modernizing it (and adding the requested features and platform support) will involve first porting it to work on a Free compiler and operating system. In the process, this porting implies the use of a few BSD-licensed libraries to replace platform-dependent functionality -- and while the BSD license doesn't *require* contributing back any changes, it's probably something I'll end up doing to avoid the expense of reimplementing my changes should it ever be decided to use a newer version of the libraries in question. (Incidentally, the eventual target platform is non-Free... but the easiest way to get there from here is to move to complete platform independance first, and the platform with the best development toolset right now is Free).

      So, Duff's tips for finding interesting work:
      • Know a bit of everything. It's much more valuable to know enough to be a decent sysadmin and a decent embedded systems programmer and a decent app developer and have a really wide variety of programming languages that you're at least halfway handy with than to have absolute mastery of just one or two or subfields. (Not that specialists aren't valuable -- my workplace has a number of them, a few of whom are downright essential -- but we're far harder up for good generalists, as those we have are overworked and we can't afford to hire a specialist to cover everything we touch). Even if you're a specialist, try to branch out a bit -- a DBA who has basic system administration skills is handy in a far wider set of situations than someone who *only* knows how to care and feed for their one app.

        Making a habit of learning a new technology every few months also makes it easier to pick up something new you need for work -- if you're always learning new languages then figuring out that proprietary 4GL that a potential employer has 80Klocs of code in will be a lot less painful. It also helps prevent tunnel vision -- someone who also knows C and C++ and Lisp and Scheme and shell and Python is less likely to choose Java as the right tool for a project where it isn't. (Of course, being able to choose Java, or whatever else, as the right
    5. Re:Any tips? by cduffy · · Score: 1

      If you read the grandparent post, you'd realize that Open Source folks do not necessarily work "for free". I've been doing Free Software in one form or another for years -- and getting paid for it (almost) all the while.

      Have you considered that writing an open source JSP container may actually result in more people being hired than would be the case if that JSP container didn't exist? After all, the companies that use it heavily need to have someone on staff who knows the thing to maintain and support it -- and they've got money left in their budget over that they wouldn't have if they'd sent it off to some big software house writes commercial JSP containers (and has a big sales/marketing infrastructure, and owners who want dividends, and lots of other overhead that would otherwise be avoided). Alternately, if they don't want to have someone on staff, they can buy support -- and that results in more folks having jobs, too.

      But then, you're a troll and I'm biting. *sigh*.

    6. Re:Any tips? by cduffy · · Score: 1

      I do not know a single open source developer who has had trouble finding work even in the previous bad economy.

      Actually, I've known two very skilled OSS developers who've had substantial trouble finding work within the last year or so. One of them is now employed, and I'm not going to identify him here. The other is Tom Lord, the primary author of Arch, a next-generation revision control system. (If you're thinking of switching from CVS to BitKeeper or Subversion, go look into Arch. Now). Tom's been out of work quite a good long while, despite being one of the best UNIX developer/architects I know. Part of this is his location in the Bay Area (indeed, I got him a job offer contingent on his willingness to move to Texas and he declined).

      Anyhow, just because the economy's getting better in a lot of places doesn't mean that we're quite there to the point where anyone who does something valuable and is very good at what they do is employed -- but then, we're certainly getting back there.

    7. Re:Any tips? by rifter · · Score: 1

      Anyhow, just because the economy's getting better in a lot of places doesn't mean that we're quite there to the point where anyone who does something valuable and is very good at what they do is employed -- but then, we're certainly getting back there.

      I agree wholeheartedly. Personally, I am anticipating a new boom in this space much larger even than the 90's boom, hopefully minus the companies with no plan except to steal VC money. But there are a lot of talented unemployed people right now. However, I was countering the contention that all OSS developers are unemployed in their mama's basement and that they are not paid. And I do know a lot of OSS developers all of whom have been employed throughout the trough in the economy (and indeed switched jobs a few times in that period).

      It is a lie that OSS will put developers out of work. To the contrary I see OSS as making more work for developers than proprietary software does, and making it easier for them to do their work. OSS gives companies options with their software that they use which they would not have wth proprietary software, such as customization, which ultimately translates directly into more work for developers.

      The main threat OSS has is to vendors whose code is such shit they are afraid for people to see it, and software companies who make something very simple and want to charge lots of money under onerous licenses for it. Funny that from the beginning Microsoft has been the greatest opponent of OSS; then again they started the cry against piracy over their crappy implementation of basic on a punch tape ($500US per copy!).

  115. IP? by ThisIsFred · · Score: 1

    Where is the IP? Rarely does a company go under with all its assests simply vanishing from the face of the earth. Were they bought out? Where was the source code kept? Is someone willing to sell that IP? I'm betting that all the avenues haven't been explored yet.

    --
    Fred

    "A fool and his freedom are soon parted"
    -RMS
  116. Does somebody's diaper need changed? by Keith+Russell · · Score: 0, Flamebait
    from the wah-wah-wah-waaaaaaaaaaah dept.

    Bloody Hell, Sims. This is a new low, even for you. If the asinine, juvenile, belligerent things you have said in this forum over the years are any indicator, I have a hard time believing that you are capable of functioning in society. I hope, for your sake, that this is just Keyboard Courage, and not how you act in public.

    --
    This sig intentionally left blank.
  117. You aren't looking in the right place . . . by Idou · · Score: 2, Interesting

    Why do you think businesses exist? If you walk into a marketing meeting of any business of a relatively large size, what is the key word you hear: Market Share. And what is market share? A partial monopoly which gives the company partial control over the market price of something.

    What if there was an industry that prevented anyone from gaining a lot of market share. What would it look like? Such industries DO exist:

    Doctore
    Lawyers
    Accountants
    Plumbers
    etc . . .

    There are exceptions to each of these examples (HR Block, Large auditing firms, Large law firms), but the great MAJORITY of these professionals make their living as PRIVATE entities, which means you'll never know how profitable they are.

    These professionals can't gain market share because, though it takes time and money, the barriers of market are far, far less than, say, competing with MS on THEIR platform. Hence, when standards are OPEN, competition increases and the needs for financial leverage decrease as a result of smaller barriers to market.

    So, your observation of just a view PUBLICLY OWNED (or business large enough for you to note their existence) entities making profits from OSS are correct. However, your inability to observe the earnings of PRIVATELY OWNED entities (or individuals who can live comfortable with just a dozen clients) using and creating OSS is not reason enough to come to the conclusion that OSS is flawed in the area of profitability. Our current system is simply limitted to requiring only public entities to publicly release their earnings and the majority of those benefitting by writing OSS are too small for you to even take notice.

    --
    Sdelat' Ameriku velikoy Snova!
  118. Legislation is needed by ajs318 · · Score: 1

    There should be a law to provide that in the event of a company becoming bankrupt, the entire source code for any closed-source software it controls automatically enters the public domain - software IP should not be a strippable asset. Software is a tool of someone's trade, and there is an ancient law that the tools of a person's trade can never be seized in repayment of a debt. This was intended to ensure that a craftsman should never be denied the opportunity to work his way legitimately out of a bad situation. If you take away the tools of a person's trade then they may have no option but to steal - and such crimes would be on the heads of the creditors.

    While this wrangle is going on, and the software is useless, the IP is worthless anyway.

    This may well devalue a few investment portfolios overnight, but IMHO closed-source software is no more ethical an investment than sweatshop manufacturing or weapons of war. These people should have known what they were investing in, and if they chose to sink money into such an antisocial business then they deserve the consequences.

    --
    Je fume. Tu fumes. Nous fûmes!
  119. Appgen was shady. by Anonymous Coward · · Score: 0

    I evaluated the Appgen products a few years ago. I was clear then that they were not in the software business, but in the "business opportunity" business. They were pushing their var business, not building and supporting product.

    It's unfortunate, but these developers were enticed by a low startup fee, not good software.

  120. This does not mean... by Anonymous Coward · · Score: 0

    ...that Closed Source does not work. It means the product was not good enough to bring in the revenue the company needed to continue making/supporting it, and so deserved to die. This is survival of the fittest, just like has been advocated for open-source software.

  121. Re:The problem is copy protection, not closed sour by sakusha · · Score: 1

    Except the case at hand is development software, not accounting software. And we've already been through this before with tax software, people don't necessarily want updates, they want to preserve the year's software so it can be run in future years, which couldn't be done with the existing copy protection system.

    Let me repeat, so you get it clearly: The problem is NOT with closed source software, the problem here is with COPY PROTECTION.

  122. Wrong model by bluGill · · Score: 1

    Of course you haven't seen too many successes with that model. Compare it to this one that works:
    Take an open source project, and start a contrcting buisness to impliment it for someone.
    Make small changes as your clients pay for them (or they save you more than the cost over the long run)
    Roll your changes into main app along with changes from many other developers
    Go back to old clients and sell them feature upgrades.
    PROFIT!

    Note that this contracting buisness rests on the abilities of the contrator, not elements of scale from having a big buisness. So you don't hear about anyone making it big because there is little room for big buisnesses.

    Note that IBM has a slightly different model:
    Sell hardware
    Write custom software for customers that need it - for a price
    Leverage open source so that big compititors do not get access to your customers and potentiallly take them away.
    Sell all of the above to big companys that need consultants in many locations and but don't nessicarly want to have someone in each localtion to find them
    profit!

  123. Even if it was Open Source by Anonymous Coward · · Score: 0

    ...it would still belong to someone (not you!). Get a clue guys. There is a difference between Open Source and Free Software.

    Generating licence keys for a software which is Open Source might still be ILLEGAL if the _licence_ says so.

  124. DEC and the Alpha by Linknoid · · Score: 1
    I just talked to a guy last night who used to work at DEC before they were bought out by Intel and Compaq, and according to him, the Alpha is still alive, being actively worked on by the department adjacent to his, and he started talking about how a lot of people still use VMS.

    I agree, I haven't seen any news about the Alpha in a long time, but it's not dead. I suspect it's a matter of Intel would rather promote their Pentium and Itanium lines than the Alpha, but they're still making them.

    1. Re:DEC and the Alpha by plopez · · Score: 1

      Last I heard was this:
      http://www.chipzilla.com/?article=1773

      It is an anlysis, but my understanfding is that the Itanium (itanic if you prefer) is favored and H-PAQ/Intel just are slowly killing it.

      There is an OpenMVS initiative but it looks shaky as well. ANyway, it is sad that good technology is being killed off by business 'leaders' who have no idea what they are managing.

      --
      putting the 'B' in LGBTQ+
  125. Re:The problem is copy protection, not closed sour by jonbryce · · Score: 1

    Yes, if you are doing your personal tax return once a year, then support isn't going to be too important as you can switch software next year pretty easily.

    If you are a company who has to deal with things like VAT/Sales Tax every time you buy or sell something, and Income Tax/National Insurance or whatever every time you pay your staff, then it isn't going to be quite so easy to switch software every time the government changes the rules - generally once a year.

  126. Has to be said by glenebob · · Score: 1

    Duh!!!
    Rely on closed-source software and you risk this very problem. We all know that. Developers MOST OF ALL should INSIST on open-source for tools and libraries.

  127. how did they lose? by avandesande · · Score: 1

    Now management can pay them to recode everything.

    --
    love is just extroverted narcissism
  128. You guys are fruits by Anonymous Coward · · Score: 0

    "Developers Lose With Proprietary Software"

    I love this crowd.
    Headlines like that are so over-generalized, they are just meant to stir up flames. Lots of people jumped on it for this reason, but why bother posting it in the first place?

    It is just over-zealous, over-the-top sensationalist crap.

  129. Is this thing on? by Chordonblue · · Score: 1

    Hey! Anyone out there got a crack for Appgen?

    Seriously, if I was stuck right now I'd be paying a hacker just get me some codez. This is similar to what happened to a company where all of its Windows XP codes were lifted off of each of their HP desktop machines.

    HP disavowed any responsibility and MS refused to provide new codes. Hmmm.. What recourse do you have there even when the company is still in business?! Scary stuff this proprietary software, eh?

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:Is this thing on? by grem · · Score: 1

      Chordonblue,
      Can you email me, please? I live very close to where you work and would love to chat sometime. I would have emailed you but you didn't supply one.
      Thanks...
      grem

      --
      Murphy's law - "Anything that can go wrong, will." (Actually, this is Finagle's law, which in itself shows that Finagle
  130. Re:The problem is copy protection, not closed sour by innocent_white_lamb · · Score: 0

    you'd be able to use it in perpetuity,

    Really?

    I've got a few CP/M programs on 8" floppy disks somewhere in a pile here. Tell me how I can use that software today. 20 years is a lot less than "perpetuity", too...

    --
    If you're a zombie and you know it, bite your friend!
  131. Those who do not learn from the past... by jbn-o · · Score: 2, Interesting

    A couple interesting stories from our past and our present along these lines:

    The 1960 and 1970 US Census tract level data (tract level means a subdivision of a county) are available only in a proprietary compressed format. This is because the US Government hired a programming firm (Dualabs) to write a compression scheme to be used on this census data. Dualabs wrote the program, compressed the data, and distributed the decompressor program. Census data archivists around the country only got the compressed version of the data. The US Government never made it a point to get the complete corresponding source code to that decompressor program, nor did they get a license to share and modify the program (which would have required source code to do well). The computers people initally used with the decompressor program became outmoded and the decompressor program only ran on that obsolete platform.

    Dualabs went out of business in 1974. Therefore, we, the public, paid for Census data we cannot completely read even to this day without reverse engineering the compressed data format. Census data is unarguably important and few people know about this lack of foresight on the part of the US Government and Dualabs. This story has many lessons, most of which still have not been learned.

    Recently the University of Illinois at Urbana-Champaign switched from using 5 web-based programs to do class-related stuff online (display student's grades, allow students to receive class material, discuss class projects with each other, etc.). Not long ago, UIUC dropped support for all of these programs and began supporting only Illinois Compass ("powered by WebCT Vista", as the program's proprietors tell us). Illinois Compass is non-free software and costs UIUC one million dollars a year (which UIUC is paying).

    UIUC is widely known for having talented software programmers and a highly regarded college of engineering. For orders of magnitude less than $1M/yr UIUC could have paid a few students to leverage the huge pool of capable, tested, and time-honored Free Software out there in order to make a web-based bulletin board system to replace the 5 programs UIUC dropped support for. Now, with Illinois Compass, UIUC pays a team of local support staff (on top of the $1M/yr program fee) to support the new program. UIUC has no source code for Illinois Compass (let alone a license allowing them to share and modify the program). So now UIUC risks running into the same problem the US Government ran into should the proprietor's support for Illinois Compass disappear.

    Sometimes these lessons take a long time to learn and cost the public a lot of money.

  132. Lord of the rings analogy by Billly+Gates · · Score: 1
    Three OSes to the geeks, who major in comp sci

    Seven for the dork lords, in their halls of code

    Nine for BSD-based admins, doomed to die

    And one for the Dark Lord on his throne

    In the Land of Redmond where the shadows lie

    1. Re:Lord of the rings analogy by smittyoneeach · · Score: 1

      One OS to rule them all,
      One Office to find them,
      One .Net to snare them all,
      And in a proprietary file format bind them,
      In the Land of Redmond where the shadows lie...

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  133. Developers loose with OSS by Anonymous Coward · · Score: 1

    Every line of code you write and give away for free has the potential to push your fellow engineers out to the unemployment line. Only big corporations like IBM, or software publishers like Red Hat and Suse benefit from the free work of software engineers. Not only that, any time you start an OSS product, you are killing off similar projects where companies pay their engineers... why would they pay engineers when they can use free OSS software? OSS is promising to make a the software developer the victim of his own "success." Its only a matter of time when OSS kills software engineering as a paid industry. OSS wants every developer to become a databse administrator or a system admin or the like...

  134. We buy the source. by mekkab · · Score: 2, Interesting

    Our supplier companies have been bought out, dropped production, decided that just stopping and giving us source was more cost effective than making all the fixes our contract demanded, etc.

    Due to the enormous length of our software development life cycle (10+ years!) we end up supporting a LOT of CAS.

    And we do it by buying the source.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  135. Remember Clipper as in DOS ? by Anonymous Coward · · Score: 0

    We we do and www.plugsys.com should too.
    It is a real bummer when the website you get your conversion tech from does not reply to their clients.....
    Just posted this to see if anyone had information really.

  136. This is bad for business by puppetluva · · Score: 1

    Don't feel too smug about this. Appgen sold one of the few real accounting packages for Linux. Remember the Guitar-String maker that switched to linux (Ernie Ball) ? This was the accounting software they used.

    Now, which accounting backend is available for Linux?

    We NEED a replacement for this, open-source or not.

  137. Sperry-Burroughs owns the LZW patent by yerricde · · Score: 1

    Sperry - gone. Burroughs - gone.

    According to a FOLDOC article, Sperry merged with Burroughs to form this company. Primary consumer-visible product - here. The patent still subsists for about eight more months in Canada, Europe, and Japan.

    Thier proprietary solutions by and large are dead.

    I don't know about "by", but Sperry-Burroughs proprietary technology is used in a "large" number of images displayed on the World Wide Web. I'd guess that at least 90 percent of web sites, Slashdot included, use the Sperry-Burroughs proprietary product I mentioned.

    --
    Will I retire or break 10K?
  138. Burn All GIFs by yerricde · · Score: 1

    THIER proprietary technology is basically dead.

    Unisys's most popular proprietary technology is not dead worldwide yet, but it is terminal with eight months to live in Japan, Europe, and Canada.

    --
    Will I retire or break 10K?
  139. Developers Lose With Proprietary Software by IAEBG · · Score: 0, Troll

    This sounds like another Stallman rant. See this page for more BS like this . . .

    1. Re: Developers Lose With Proprietary Software by Anonymous Coward · · Score: 0

      Not if you are a software developer. OSS is good for everybody else but the developer. Its good for the sys admin who wants to use free software, its good for the db admin to wants use free tools to access db, its good for the IT manager wo wants to fire his team of software developrs and use OSS and a few monkeys to assemble the IT product, its good for Redhat or Suse to compile other's hard work and burn a Cd and sell it, its good for consulting companies that customises apache server or app server, but who looses is the one who worked hardest; the software developer. Hes is the only one who is holding the begging bowl. Screw OSS.

    2. Re:Developers Lose With Proprietary Software by IAEBG · · Score: 0

      The Trolls will rise again!!!!!

  140. Software insurance policy... by Anonymous Coward · · Score: 0

    Interesting. I have heard that with some business(s) purchasing software from small companys, do as part of the agreement, to have the source code provided as an insurance policy, in the case that the company goes out of business. This way, there's no worry if the company does go out of business, and the product can be maintained. Also, it's stipulated that the source code will not be viewed otherwise, since that isn't the purpose of the arrangement.

  141. Right on que by leabre · · Score: 1, Insightful

    It's amazing. Anytime anything happens in the non-OSS world all of the sudden this is one-more-reason(tm) why all software should be open and free and why no one should have to pay.

    I wonder how much software would actually be produced if people weren't being paid to do so.

    I really hate to say it, a rather unpopular view on slashdot, but the best software I've ever used is software that requires a fee. It has the best support, best features, *quickest* evolution, better interfaces, more consistant user-interfaces, less chances of the creator abandoning the project and no one else continuing it, and so on.

    However, there is a much stronger evil at play here than the software just being "proprietary".

    It's the fact that it requires some type of phone-home based unlocking. That's the real evil and danger at play, not it being proprietary.

    I have two cases in point.

    1) I have purchased e-books in the past and unlocked them on an early WinXP drive. Sooner or later I had to reformat and re-install. Of course, without paying *again* for those ebooks, I couldn't view them. This is primary reason #1 why I don't believe in hardlocking-based unlock mechanism.

    2) I have purchased an expensive book that was clearly advertised as having an e-book on the CD-ROM (one of the reasons I bought it -- I have over 300 tech books mostly C++ and assembly and C# and am trying to collect ebooks of those -- yes, I pay).

    Time comes to view the ebook and many of its features requires activating it. No problem, I'll activate. Nope. The company that activates is now out of business and the book publihser assumes no responsibility or liability and that is a total 3rd party issue, not theres. So now I'm stuck with a partial ebook that I paid $95.00 for. This is why I don't like phone-home hased protection mechanisms.

    --

    There are some activation techniques I think are very reasonable. For example, I use libronix for most of my ebooks that are religious literature (about 200+ collections). It's a great ebook reader (blows away most others I've used) (and has no restrictions other than the ones I list below). It does requires hardlocking and phoning home but, once you do, you get a unlock file that allows you to install it as much as you want on your PC's without re-activating. The only catch is that it requires your personal info before you can unlock any works and all works you unlock can only be unlocked against your unlock file (activation). Well, there's not problem since I have no intentions of sharing it on the Internet with 500 million of my global friends. I think it is a more than fair technique. If they go out of business, I still have my permanent activation key.

    3) Issues I haven't yet dealt with but I know its coming, is when MS decides to stop supporting activation of WinXP/2k3, Office XP, etc and I still require them. I pay $2000+ /yr. for MSDN and all I get for that is 10 activations for WinXP and 2 activations for OfficeXP. Great. Wonderful.

    And there's this issue, both hardlocked-based-protection and phone-home-based protection. The deadliest combonation. People got screwd. But the issue here isn't proprietary. It's obvious that the makers of the software didn't want to make their software open-source and appearantly others didn't either nor would they have made it in the first place if they didn't think they'd make money. It's not wrong to want to be paid for your hard work. But requiring your server to be the only say-so in installation is the problem and lying about the source code escrow.

    Please don't cry "this is why everything should be open-source" when something happens. I'm an excellent programmer but became excellent because I was paid to do so. That's why I can program 10-16 hours a day and get paid for my training, company paid cert

    1. Re:Right on que by Anonymous Coward · · Score: 0

      "The company that activates is now out of business and the book publihser assumes no responsibility or liability and that is a total 3rd party issue"

      There are limits to their ability to make an offer and then rescind that offer. Your sole recourse would probably end up being a refund on the product, however.

      I don't think they are allowed to bundle a product and then COMPLETELY shirk responsibility as "total 3rd party" issue.

      Have you contacted the Attorney General of your State?

      You bought this through the mail, the product does not work as claimed, that makes you a victim of an interstate fraud, a federal crime actually.

  142. Re:The problem is copy protection, not closed sour by sakusha · · Score: 1

    Right, and using the case at hand, if their development suite was not copy protected, they would be able to continue updating their sales tax software.

  143. Re:Remember Clipper as in DOS ? by Anonymous Coward · · Score: 0
    http://www.itk.ru/english/index.shtml

    There are others also.

  144. What do you expect? by RevAaron · · Score: 1

    No, the world is not perfect. Damn shame, that.

    What project should have the users of Appgen turned to? What project provided everything it did, but was open source? Answer? No project did! Yes, there are projects here and there that provide part of what their software did, or projects that promise they will have the features, but like a lot of OSS projects, there are a lot of false starts and half-assedness going on. Not surprising, it's just human nature. Shelling out $2000 is often far more preferrable to putting your business on the line on an untested, half-baked app. Not for me, not for most individuals, but the vast majority of Appgen users were not individuals.

    What choice did they have? Yes, one of these companies could have developed their own suite of software like this, whether it be open source or not, making sure they wouldn't end up a rivier as in this case. But spending $2000 on a product is *nothing* compared to the cost of developing a system like this from scratch.

    Furthermore, all is not lost- there are always possibilities that come company could ante up the cash, make some deal with Appgen, and purchase their software, open sourcing it or just continuing to provide support and sales.

    I know it's easy to say stuff like "developers lose with proprietary software!" but like most things in life, there is a helluva lot more to it.

    --

    Working toward a usable PDA environment in the spirit of Newton OS: Dynapad
  145. CDC ? by Anonymous Coward · · Score: 0

    I think Cult of the Dead Cow is still kicking, although I didn't know they had traded on the NYSE. That must have been in their more buttoned down days, eh ?

  146. Expensive proprietary accounting systems too by Anonymous Coward · · Score: 0

    Expensive proprietary accounting systems don't really work either. Very few people work in an environment where they really have a computerized accounting system that works. The accounting system that most big corporations use amounts to a database built from spreadsheet data that is managed in sections by large numbers of auditors.

    There's not just a niche in OSS for accounting systems, there's a niche in general for an accounting system that works at all. The problem is, there is a huge barrier to entry: The accounting systems that are useable by a public corp are often specified in terms of compliance with Delaware law. If you can develop something that can pass that compliance, you might have made the product to launch as a big player.

    However, unless you are qualified to teach a GAAP course, you probably shouldn't even consider trying to make the specs for this sort of system. Accounting policy and controls, especially when it comes to tax accountability and fiduciary responsibility is a complicated game in the US, and not one that follows common sense much of the time.

  147. Why don't they just make a bid? by ppanon · · Score: 2

    So why don't some of the biggest VAR's just get in contact with eachother with a posting in some Appgen mailing list and form a holding company. They each buy equal shares in the company and use the resulting money to bid for the AppGen intellectual assets. All of the shareholder VARs in the new company get a copy of the source code including the key generator. They then sell shares to any smaller VARs that also want a copy of the source/key generator and redistribute the share income back to the shareholders as quarterly dividends. As the number of new shareholders increases, the cost of a share drops. Eventually you'll spend more money operating the shell company than you will get back in new purchases so you just close the company and six months later release the source generally as open source (make it part of the corporate charter, with source escrow this time of course).

    What I don't understand in all this is why some people are saying that there are ego issues in the negotiations. Why would any of the AppGen executives (with egos on the line) still have any say in this? If the company is no longer operating, shouldn't there be an independent (court-appointed?) receiver handling all this? If the old executive and directors are still involved and causing problems, then include them in a class action lawsuit against the company for breach of contract and see if they smarten up. If a receiver is handling the liquidation, then the receiver should be open to a reasonable offer.

    --
    Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    1. Re:Why don't they just make a bid? by Anonymous Coward · · Score: 0

      You don't understand- the company isn't being liquidated. It simply went inactive and ceased operations. This was probably done so that the owner could retain rights to the code. If Appgen was in bankruptcy, the code would be considered an asset and sold to pay creditors.

      Class action lawsuits cost money. About the only thing that can be done realistically is to file fraud complaints with the NY State's AG office and the USPS.

      There are judgements of over $300K against Appgen's owner, Mark Andre. The biggest is to the State of NY for 220K in unpaid state taxes. This is part of the reason for the subterfuge- the owner wants to make $$ from the product, but to do so someone has to pay more for the product than what he owes people.

      And that ain't gonna happen. This is PICK technology, rewritten in C. The java interface is flaky, there are bugs in the program, and no one is going to invest big $$ in a 1970s/1980s technology.

      This product either goes OS or dies. Appgen couldn't make a buck from the product, so why could a group of VARs? The owner knew the company was going out of business months ago, and you can bet he tried desperately to sell this product- there were no interested parties, at least at the price he wanted.

      Since I am posting anonymously, I will tell you- if I wanted to, I have 2 investors that could, between them, raise approximately 1.4 million to buy the product. I discussed this with them, and we all agreed- it ain't worth it. In fact, we decided we wouldn't even pay 100K for the product. The technology is old, the cost of supporting it is high, the market is small. We didn't think we could raise the operating income from sales and support of the product to keep it proprietary. OS or die, IMHO.

  148. What about Windows? by jerw134 · · Score: 0, Troll

    Windows is considered proprietary (because it's not part of that open source software movement bullshit) but it's a perfectly fine operating system. Just look at the alternatives: Linux and MacOS. MacOS is nice, I'll give it that. It's just not my cup of tea. Linux, on the other hand. Don't even get me started. Let's just say, I don't have the required amount of "homosexuality" to meet the minimum operator requirements.

  149. What about Linux? by jerw134 · · Score: 1

    Linux is not considered proprietary (because it's part of that open source software movement phenomenon) and it's a perfectly fine operating system. Just look at the alternatives: Windows and MacOS. MacOS is nice, I'll give it that. It's just not my cup of tea. Windows, on the other hand. Don't even get me started. Let's just say, I don't have the required amount of "homosexuality" to meet the minimum operator requirements.

    1. Re:What about Linux? by Anonymous Coward · · Score: 0

      Thanks for doing this.

      Windows = -----, troll
      Linux = +++++

      I want to hang with a different group. Where are they? Zealots suck and they run slashdot.

  150. cat post | sed -e 's/prosecuting/suing/' ## nt by cduffy · · Score: 1

    nt == "no text"

  151. One more FOSS ERP - Compiere by hansg · · Score: 1



    You could also check out Compiere.

    It's an opensource ERP, but on a proprietary DB (Oracle).

    There is also some work done in porting it to Postgres.

    --
    I don't have one
  152. everyone wins with OSS by Anonymous Coward · · Score: 0

    here's why.

    sure you can get it for nothing. but you have to go get it.

    everyone doesn't have a cdrw, or a broadband connection to download a 650 meg cd.some items have to be compiled. do you think the average person knows or cares what a dependency is? nope, and they don't wanna know.

    here's what will happen. as OSS gets bigger, and more inexperienced computer users start wanting to use it, you'll see more boxes showing up in CompUSAs. why not just download the ISOs? for the reasons i already said.

    but as broadband connections become more popular, as CDRWs already are, expect to see less and less ISOs posted on OSS company websites. source code cds will be there, but expect those to go away in favor of source code in FTP directories that the knowledgeable can download and compile.

    developers will get paid to produce the boxes of software for the CompUSAs, and people will go in and buy the ones that do what they want, just like proprietary stuff. and they won't even know what OSS, Free Software, or proprietary means, just like now.

    and developers will still get paid to do specific porting and writing for companies who want things specific to them that aren't found in the OSS community but can be written on OSS software.

    i don't see why people don't realize that the source of software will be unimportant to people. the industry will be made up of software companies putting out their software for mass consumption and paying armies of developers to do it, then posting the source on their FTP site for the techies. to compete with the companies taking their stuff and remarketing it, they will just have to be faster and better thatn the competition, which will spur development, which is good, right?

  153. Re:Sounds familiar by LWATCDR · · Score: 1

    Appgen is an accounting system with it's own IDE. It sort of has libraries in that you already have the GL/AR/AP/Payroll already done. You can then add custom applications or modify the ones that they already have. It is a pretty nice system. I hope it does not die. Linux could use a good middle level acounting system and GNUCash is not it. MoneyDance is not it. GNUe is not ready yet. They have not written any of the accounting apps yet.

    Maybe RedHat or Suse could pick up Appgen.
    The good news is the VARs support the customers not Appgen directly when the dust clears I am sure that the customers will be okay.
    Before anyone asks I am not currently an Appgen Var or customers. I was a var a long time ago but my company dropped development because we where too busy with our core product.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.