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Linux & Microsoft as a Cold War?

I confirm writes "The BBC's Bill Thompson summarises the GNU/Linux vs. Microsoft struggle as a "cold war", and in one choice quote says:"It is rather ironic that Microsoft and other closed model companies rather resemble the Stalinist or Maoist model of a command economy with complete centralised control." I'm not sure I accept Thompson's conclusions, however: "So now would be a good time to start thinking about how we persuade governments that market in software may eventually need to be regulated, just as the market in electricity, water and food is, and that that regulation may well include a statutory duty to disclose source code and allow it to be used elsewhere." "

14 of 443 comments (clear)

  1. Just change copyright laws by mangu · · Score: 5, Interesting

    To get everyone to release source code, just make the copyright laws do what they were intended to do in the first place: no binary files should have copyrights, only human-understandable information should be copyrighted. The same goes for encrypted or otherwise copy-protected information. Those are protected by trade secrets. The purpose of copyrights is to ensure that the ideas embodied by those works would be available for future generations, which doesn't happen if only the executable binaries are publicly available.

  2. Cold War Parallels by MacEnvy · · Score: 5, Interesting

    I think that while MS may be somewhat totalitarian in their practices, a better parallel to the Cold War would be capitalist versus socialist ideals. In this scenario, it is obvious that MS is the pinnacle of capitalist practices, while the Linux community is much closer to socialism - shared effort for shared gain, group ownership, etc. Think about that one ...

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  3. Shut Up And Show Them The Code! by Anonymous Coward · · Score: 5, Interesting

    RMS has always distanced himself from the Open Source movement because (he says) we avoid talking about "freedom, about principle, about the rights that computer users are entitled to".

    He's right. We do avoid that. But not because we don't care about "freedom", "principle" or "rights". Speaking for myself, I trust that anybody who's ever heard me speak or read my writings on the First or Second Amendments knows that I am quite passionate and vocal about freedom and rights; like RMS, I defend them even when they are unpopular with my audience. Other Open Source advocates don't seem to me to be any slower than I to speak the language of "freedom" and "rights" when they judge it is appropriate.

    But "when they judge it is appropriate" is a very important qualifier. There are two different kinds of reasons an open-source advocate might avoid speaking about RMS's `freedom'; either disagreement with his goals, or a judgment that doing so is ineffective, is bad tactics.

    The difference is important, and this is where RMS misrepresents what we are about. He would have you believe that the FSF and OSI have diverged over vast matters of principle, when in fact the OSI (and the Open Source movement as a whole) is carefully designed to be able to include people with beliefs like RMS's.

    The Open Source Initiative does not have a position for or against RMS's goals. Please don't take my word for this; go look at our advocacy materials on the Open Source website, especially the part in the FAQ where it says "Open Source is a marketing program for free software".

    Now it is true that some individuals associated with OSI occasionally argue with some of RMS's goals and principles (and one of those individuals is me). But the OSI is a big-tent organization; we have never condemned RMS's principles, and never will -- because we don't need to!

    The real disagreement between OSI and FSF, the real axis of discord between those who speak of "open source" and "free software", is not over principles. It's over tactics and rhetoric. The open-source movement is largely composed not of people who reject RMS's ideals, but rather of people who reject his rhetoric.

    Is this justified? Well -- consider the 180-degree turnaround in press and mainstream perception that has taken place in the last fourteen months, since many people in our tribe started pushing the same licenses and the same code we used to call "free software" under the "open source" banner.

    Where we used to be ignored and dismissed, we are now praised and respected. The same press that used to dismiss "free software" as a crackpot idea now falls over itself writing laudatory articles about "open source". And the same corporate titans who dismissed RMS as a `communist' are lining up to pour money and effort into open-source development. Our market share and mind share have both zoomed to a level that would have seemed the stuff of delirious fancy as recently as January of last year.

    Have all the opinion leaders and executives who have turned around suddenly seen the pure light of the GNU manifesto? No; instead, they point to the work of Open Source advocates to explain their conversion.

    OSI's tactics work. That's the easy part of the lesson. The hard part is that the FSF's tactics don't work, and never did. If RMS's rhetoric had been effective outside the hacker community, we'd have gotten where we are now five or ten years sooner and OSI would have been completely unnecessary (and I could be writing code, which I'd much rather be doing than this...).

    None of this takes anything away from RMS's prowess as a programmer or his remarkable effectiveness at mobilizing other hackers to do good work. Emacs and gcc and the GNU code base are an absolutely essential part of our toolkit and our cultural inheritance, for which RMS deserves every praise (which is why I led a standing ovation to him at last LinuxWorld after observing that "without RMS, none of us would be here today"). But as an evangelist to the mainstr

  4. Excellent article by pieterh · · Score: 4, Interesting

    Fair and balanced.

    But it's not really a war between opposing sides. It's a war between the furture and the past. And the past is doomed to failure, simply because the technology curve has progressed to the point where large chunks of the software ecology are essentially free. Microsoft and Oracle unhappily sit right in the middle of this territory. Apple, IBM do not. I wrote about this in an editorial last year.

  5. Limited Capitalism is Key... by valence · · Score: 5, Interesting

    I disagree strongly that government regulation mandating open-sourcing is the key to solving the issues related to SCO/Linux/Microsoft, and although I agree with the basic points about FUD being the primary weapon of SCO/Microsoft, as well as the potential benefits of open sourcing for large corporations, I find very little in his article to support his assertion that this sort of regulation is the right direction.

    Frankly, if open sourcing is going to be key for economic viability in the marketplace, the correct capitalist response would be to let market pressure bury those companies that don't do it, not to impose regulation. I can see regulation protecting open-source companies from FUD assaults, which are inherantly detrimental to a free and open marketplace... but not regulating the production and distribution of software.

    Utilities like water and power require regulation because they are infrastructural supplies that aren't optional, nor does there exist (or can there, really) much of a competitive market in them to control excesses. With software, this is not really the case. Even for fundamental software like word processors and database tools, there is a robust marketplace with tons of options.

    Fundamentally, Marx's critique of unconstrained capitalism wasn't wholly off base. But America isn't unconstrained... consumer protection laws and so forth counter the excesses of capitalism here. The government's role here should be protection laws that preserve an open marketplace (no FUD attacks) and regulation where infrastructure is privatized.

    This is what I think, anyway.

  6. Re:No such thing as a free lunch by El+Volio · · Score: 5, Interesting

    Being held liable for how secure your software is would ruin everybody.

    Well, all the developers, anyway. Users would benefit from such a regulation, and if handled properly, this could work. Whether it's a "cap" or just related to disclaimers about intended uses of products, limits could be placed on the liability. There are problems to be solved (how do you handle the case of an individual developer vs. someone like Computer Associates?), but claiming that requiring developers to be liable for damages caused by flaws in their products is the same sort of protectionism we decry in large corporations in other industries. No one seriously suggests that automobile manufacturers shouldn't be liable for certain flaws in their products it may cost them a bundle but the result is safer cars.

    That said, a source code disclosure requirement is not that distant from current copyright regulation. Currently, rights holders are legally required to deposit two copies with the Library of Congress. Note that this is not a requirement to have a copyright on your works in general, there are just penalties associated. Interpreting or amending the law to include source code is not that far of a reach.

    --

    "You can never have too many elephants on your team."

  7. Regulation Obsession by Brian+Blessed · · Score: 5, Interesting

    If you read some of Bill Thompson's back catalogue, it seems that the man is obsessed with regulation as a cure-all solution (see here, here, or here).

    It is a widely-held British viewpoint. Whenever there is some new perceived problem with the internet (a global network), politicans here start publicly calling for new government regulations. They know how pointless it is but want to be seen aligning themselves with the popular stance.

    - Brian.

    1. Re:Regulation Obsession by LordK2002 · · Score: 4, Interesting
      If you read some of Bill Thompson's back catalogue, it seems that the man is obsessed with regulation as a cure-all solution (see here, here, or here).
      Yes indeed, this is the same man who thinks that we should place the entire internet under government control and just trust them to keep it democratic.

      He is so clearly out of touch with any realistic view of how governments and other powerful organistions actually behave that his writings deserve very little attention IMHO, whether they support open source or not.

      First rule of freedom: you don't give anybody an inch more power than they absolutely require to do the job entrusted to them.

      K

    2. Re:Regulation Obsession by vrai · · Score: 4, Interesting
      Don't tar all of Britain with Mr Thompson's facist brush. The BBC owes it's existence to Government legislation and taxation so it makes sense that they will employee a technology 'expert' that shares their views. Those of us in Britain who don't depend on the public purse have a rather more sensible view of how the internet should be run. Namely that it shouldn't be run at all - just allowed to exist in whatever form it's users think is best.

      As the links you provide show, Bill Thompson is an idiot and clearly has little understanding of information technology. Which is why he is an ideal demagogue for the Blair Broadcasting Corporation.

  8. Because the DoJ has been so effective before... by newdamage · · Score: 4, Interesting

    Last time the DoJ stepped in to deal with Microsoft being a monopoly and engaged in anti-competitive activities ...hmm, yeah, that worked out real well. Glad to see Microsoft no longer has a stranglehold on the market and doesn't have restrictive deals with other players in the tech industry.

    Quite frankly, right now this is just a war of attrition, and I think Microsoft realizes they can't win with their current market strategies. If Linux was run by a single company responsible to shareholders, then Microsoft would probably have things back to business as usual, but I still don't think Bill & Steve have figured out just how to really deal with Linux as a competitive force.

    The Open Source community has shown the ability to organize and get things done (yes, I know, this isn't the case in all projects, but it has gotten substantially better). And as long as the Open Source movement stays on the current track that it's on it's only a matter of time before the average consumer begins to recognize projects as Mozilla, Open Office, and the Linux OS as something they should look into using over Windows.

    The fact that I can get my Mom to recognize how cool Mozilla is compared to IE/Outlook is and that she can get everything done on an install of Mandrake 9.2 is proof that progress is being made.

    --
    ce n'est pas un Sig.
  9. I think it is already being practiced in the US by nemaispuke · · Score: 5, Interesting

    This not only affects Linux, but any Open Source application. The last Government contract I worked on, we wanted to deploy an Open Source monitoring agent since the deployment of a "major vendor" product was not going to happen for some time. The response from IA (Information Assurance) basically was "has it passed Common Criteria evaluation and can you show us proof?" The answer was no, so the app was not deployed. We even provided the source code for "review".

    I think the tools are already in place within segments of the US Government to stop the deployment of OSS by simply pointing to http://niap.nist.gov and saying "It's not on the Approved List". Most OSS does not have the deep pockets of IBM and Oracle to afford CC evaluation (SuSe and RedHat respectively). Now whether Microsoft had anything to do with this I cannot say, but I think it is not simply a matter of development models, but security models as well. And even in the case of a OSS product sucessfully passing CC evaluation, some agencies are not happy. Read the latest version of the DISA Unix STIG and see what they say about SuSe Linux (they complained that no US (NSA) Protection Profiles were used in the evaluation. So does that mean it is less secure and should not be used?

    Some Governments could simply point to the US and say "we won't adopt OSS because the US doesn't". Just a thought

  10. Re:No such thing as a free lunch by ratsnapple+tea · · Score: 5, Interesting

    Yeah, regulation can stifle innovation, but at the risk of sounding glib... it can enable innovation too. Depends how great the need for regulation is and if it's the "right" sort of regulation. One example is splitting up the radio spectrum early last century so that radio, TV, etc. could be developed without worrying about stations stomping on each other.

    So maybe a little regulation might help. Maybe not. Who really knows?

    yours

  11. Re:No such thing as a free lunch by TCaptain · · Score: 4, Interesting

    In the long run, users would lose out as well.

    Developpers would slowly but surely stop developping new ideas for fear of being fined/sued/thrown in jail. OSS would trickle to almost a halt.

    Microsoft would be hurt as well, but as someone above said, with its connections and deep pockets, it could more than sustain and ignore the slap on the wrist it would get with each violation.

    In the end, users would get fewer choices without substantially more secure software.

    Thanks but no thanks

    --
    "I'm not a procrastinator, I'm temporally challenged"
  12. Cold War issues by sageres · · Score: 5, Interesting

    Think about that: Soviet Union and United States never really fought directly anywhere (well, very few times and most of the public never knew about this). Their playground was Koria, Vietnam (where Soviets were sending in weapons, ammunition and training), Afganistan (where Americans did the same thing). More indirect battles were fought in the central Africa. Countries like Angola changed their eligence style of government there within period of two weeks , of course at the cost of millions of lives of local natives. What about South America? The communist gangs in Peru, Nicaragua, Bolivia, Columbia and others did not just "came out" without support of the old Soviet Union. Nowdays these same gangs are into drugs, robbery, kidnappings and absolute terrorism for money. Now lets take a look at the world of Microsoft vs. Linux. These have never fought their direct battles either. GPL has never been tested against Microsoft EULA (oh I wish there would come a day when such test would be possible). The companies that support and endorse Linux have funded or persued anti-Monopoly lawsuits against Microsoft, and as we recently found out it is Microsoft who funds and persues the lawsuits that came on us from the face of SCO. And think about it too: SCO has not dared to sue Linus or any of the special groups surrounding Linux (OSDL, FSF (GNU), the Open Group, Kernel development team, whoever else). Instead they choose to fight their battles via the third parties and the users, or code contributors. So far the battle is fought on the sidelines. There will be a day when Microsoft and FSF, OSDL and others will be in direct lawsuit against each other.