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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." "

41 of 443 comments (clear)

  1. No such thing as a free lunch by nokilli · · Score: 4, Insightful

    Regulation is the worst possible scenario for OSS, regardless of any pretense towards open sourcing software. Regulation means bureaucrats, who wield great power, and who will be attractive places for people like Microsoft, who possess vast fortunes, to spend it. For instance, imagine that they mandate open source, but then throw in a requirement that the programmer assume responsibility for its performance, or become liable in other ways. Then, the only people who would be able to participate would be companies with deep pockets. Like Microsoft.

    1. Re:No such thing as a free lunch by Apreche · · Score: 4, Insightful

      You're right and wrong. Regulation is bad for OSS. It is also terrible for MS too. Nobody involved with software wants it to be regulated. Regulation stifles innovation. Imagine there was a regulation that said all software needed to be at least X secure. Both MS and OSS are screwed. Being held liable for how secure your software is would ruin everybody. That's just one example of a regulation that would mess everything up, but just about anything would be terrible. Keep it free.

      --
      The GeekNights podcast is going strong. Listen!
    2. Re:No such thing as a free lunch by probbka · · Score: 5, Insightful

      Regulation of software is just asinine. This suggestion stems from a basic misunderstanding of economics.

      The reason power and water are regulated is that they are industries wherein the cash flows and flows after an initial huge investment in infrastructure, and little else is needed. Also, they are industries wherein a monopoly is very easily attained, as 3 or 4 sets of power lines and water mains for an area from various companies is just asinine. This is called a natural monopoly. So, the government steps in to keep these natural monopolies from strangling customers and holding power hostage for exorbitant fees.

      Software is so totally different though. Multiple versions of software are far from redundant, and actual R&D is necessary in order to stay current. Software is not a NATURAL monopoly business.

      --
      Only requirement for good karma: be pedantic as much and as often as possible.
    3. Re:No such thing as a free lunch by CeleronXL · · Score: 5, Insightful

      Microsoft however, with it's deep pockets, would be able to fairly easily maneuver around this regulation with little-to-no hassle, paying people to overlook it or otherwise passing laws to alleviate the weight of the law on companies such as themselves.

    4. Re:No such thing as a free lunch by TykeClone · · Score: 5, Insightful

      Regulation bites. I work in the banking industry - very, very, very regulated (which is fine from a safety and soundness standpoint - we don't want to revisit the bank failures of the depression).

      The worst part of government regulation is when the regulators have to "have something for the report" - that is when they start creeping past the scope of what they're supposed to be trying to do.

      For example, with the Year 2000 deal, the government thought that it would be a good idea to mandate that all banks be ready, and then to regulate them as such. For our small bank, my project was more than 50% work for the government in documenting stuff instead of working to make sure that everything was good to go.

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    5. Re:No such thing as a free lunch by SlamMan · · Score: 4, Insightful

      How so? If I develop something for free because I'm a nice guy, how does that suddenly become something I need to support until the end of time?

      It's not like I'm getting paid to do this, and if you choose to run my buggy software that I released rather than just sit on, thats your choice. Not my responsibility.

      --
      Mod point free since 2001
    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. Re:No such thing as a free lunch by dossen · · Score: 4, Insightful

      On the issue of liability, how would you make that work? If I create a program and you choose to use it, you want me to be responsible for fixing any problems with the program for as long as you use it? Or can I declare it "end of life"? If so, what prevents me from putting it out there, freely distributable, and then declaring it obsolete/"end of life" right away? Or if I cannot decide when to stop supporting it, what happens when my program develops a problem (or rather, the problem is discovered) years after I released it? I might have moved on, died, forgotten how it worked, or some other reason might make it impossible for me to fix it. How about my expenses? What if I'm employed and cannot fix the problem in the time I have (or perhaps I'm not even allowed, for contractual reasons).
      If you want some kind of liability, that's fine by me, but you will have to pay me an amount that reasonably covers my expenses with regard to this liability. So if you get a program from me for free, or even for a small fee, don't expect me to fix problems that require much time or cost money to fix (I might do so anyway, but that's a different matter).
      And if you need me to be liable for problems, why are you using software that does not come with a warranty?

    8. 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

    9. Re:No such thing as a free lunch by JanneM · · Score: 5, Insightful

      Regulation stifles innovation. Imagine there was a regulation that said all medicines needed to be at least X safe. Both farmaceutical companies and Uni researchers are screwed. Being held liable for how safe your pharmaceuticals are would ruin everybody. That's just one example of a regulation that would mess everything up, but just about anything would be terrible. Keep it free.

      --

      I basically agree that regulation would not be a good thing in this field. Just wanted to point out that this argument is not a good one.

      There are, in fact, excellent reasons to regulate software for safety reasons in some fields; medicine and process control are two of the obvious ones. The problem is that unlike pharmaceuticals, for instance, software is not in fact one field, and so you can not regulate it as if it was.

      Software is a medical technology (and should be regulated as such); it is a accounting mechanism (and should be regulated as such); it is a childrens toy; it is a power plant safety implementation; it is an artists tool. Software is by its very nature everything to everybody. You can't regulate it as software.

      What you can (and probably should) do is to regulate its use in any of these fields as that field seees fit (or not regulate at all, as the case may be). When it is to be used in medicine, regulate it as a medical technology. When it is used for process control, demand the same the same level of testing and validation as you do of the pressure valves and pipe fittings.

      So, yes, regulation of software is not only necessary, it is a benefit. Trying to regulate all software just as software, on the other hand, is a nonstarter.

      --
      Trust the Computer. The Computer is your friend.
    10. 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"
    11. Re:No such thing as a free lunch by FauxPasIII · · Score: 5, Insightful

      > 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.

      Just like all the car companies have closed down because of safety standards, right ? Bah...

      The test for liability of a manufacturer is simply, were they negligent ? There's more than enough wiggle room there to allow manufacturers to safely innovate while clamping down on those that are grossly dismissive of safety concerns.

      --
      25% Funny, 25% Insightful, 25% Informative, 25% Troll
    12. Re:No such thing as a free lunch by Jerf · · Score: 4, Insightful

      You missed the point.

      You want to incur obligation on developers then be prepared to pay us.

      You want software for free and you want to incur obligation on the developer, then yes, on behalf of Open Source developers everywhere, you can go fuck yourself.

      You can try to turn this around on the developers all you want, but you're just being unbelievably selfish to believe you can obligate us in any way by downloading our free software.

      Since you don't seem to be willing to accept the no warantee provisions in Open Source software, in the event you are still using some, please consider yourself in violation of the licenses and stop right away. You can't claim ignorance any more.

      And again, fuck you. People like you make me wonder why we bother releasing software for free.

    13. Re:No such thing as a free lunch by Fallen_Knight · · Score: 4, Insightful

      ummm, for me to design and build a car is costly, and to mass produce to sell to people.. not going to happen without even more $$$ and if i go out on the roads with my new car and it fucked up i can kill someone.

      For me to design and code software is cheap and easy. And if it fucks up... wtf cares? people won't use it, no ones hurt (physically), and if they relied on it oh well, their fault for not backing up their data or whatever.

      That is the WOSRT comparison you could have made, why not just compare it to the rules for the space shuttle...

      A better comparision would have been software Vs home electronics, there are a few rules in home electronics, but pretty much anyone can build and design home electronics and sell them.

      Regulation in software has no place, computers cannot kill or injure people. cars can (and do)

    14. Re:No such thing as a free lunch by flossie · · Score: 4, Insightful
      You have well and truly lost the plot with this rant.

      If a company deploys critical software without having arranged suitable support (internal or external) for it, and with no contingency plans in place, they deserve everything they get.

      That is true whether the software comes from Microsoft, IBM or the bloke in the pub round the corner. The difference is that companies can (perhaps) be more confident that vendors such as Microsoft and IBM will still be around in 10 years when they need to call on the help which they have paid for in their support contract. But this is not a weakness of free software. It just means that there is a new opportunity for well-established companies to offer support for products over which they do not have exclusive distribution rights.

    15. Re:No such thing as a free lunch by thentil · · Score: 4, Insightful

      Bah. That's asinine. Car company Foo can afford a car that doesn't meet the safety standards 100%. Let's say they know they can save $500 per car by omitting a certain part that, without which, will result in 5 per 100,000 failures. As long as they aren't fined more than $10,000,000 per incident, they're good to go. However, if I am an open-source car developer and I have some magical machine that creates cars at next-to-free (all I have to do is put in the time to create the design) and I give these cars away, if even one is found to not meet the safety standard and I'm found liable for it, I'm done. So what regulation does is shut down the open source developers.

    16. Re:No such thing as a free lunch by gmhowell · · Score: 5, Insightful

      Just like all the car companies have closed down because of safety standards, right ? Bah...

      They have dumbass. They have either closed, or development became so expensive and unprofitable that they've been bought out by larger manufacturers.

      Next time you use an analogy, try to get your facts straight.

      Kaiser, AMC, Nash, International Harvester, Studebaker... The list goes on.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    17. Re:No such thing as a free lunch by BinxBolling · · Score: 4, Insightful
      They have dumbass. They have either closed, or development became so expensive and unprofitable that they've been bought out by larger manufacturers.

      I suppose you missed the word 'all' in the post you were responding to?

      The remaining larger manufacturers still design and develop new cars. Innovation still happens (e.g. hybrids). I'd love to see you try to show that innovation in the auto industry is slower now than it was 50 years ago.

      Further, you've cited not one scrap of evidence that it is specifically regulation that has caused the industry consolidation. There are lots of reasons why the barriers to entry are high in the automotive industry, and why it's hard for smaller players to stay afloat. Regulation is only one, and not a very large one.

    18. Re:No such thing as a free lunch by doomdog · · Score: 5, Insightful
      How in the world did drivel like this get modded up to +4 Insightful?

      For me to design and code software is cheap and easy. And if it fucks up... wtf cares? people won't use it, no ones hurt (physically), and if they relied on it oh well, their fault for not backing up their data or whatever.


      Spoken like a true loser/script kiddie/whatever -- completely unprofessional. Software developers should take pride in their work, and shouldn't release things that they aren't proud to claim. And the "and if they relied on it oh well, their fault...". What kind of an attitude is this? Is this the basic open-source "it's free software, so don't complain if it doesn't work" attitude? Or is this guy just a bigger loser than most?

      If this idiot's opinions are indicative of how the open source community views their work, then the world is right to avoid it as much as possible -- and it should be shunned by true professionals that do care about the quality of their work...

      computers cannot kill or injure people

      Have you no sense of history? Do a search on the Therac-25, and let me know when you want to retract your statement...
  2. 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.

  3. 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 ...

    --


    ***
    1. Re:Cold War Parallels by Daytona955i · · Score: 4, Insightful

      I don't think you can really compare M$ vs. Linux as capitalism vs. communism/socialism or any other ism. It's really not the same thing.

      Sure Microsoft has the monopolistic dictatorship qualities. They don't care about the people, only about themselves. Security is an afterthought and they run things. No one is going to take them down. However, they are capitolistic in some sense because they are a company providing a service. However, if you look at their practices, they are anything but competitive. If someone releases a better product, they release theirs as free and tightly integrate it into their OS. They then send some goons to muscle suppliers (like dell, compaq, etc...) to not install the competitors product. This is very anti-competitive.

      Now let's look at linux. Aside from being free (as in speech... something this country was founded upon) it is all about choice. It is also all about producing a better product. It's also about choices. If you don't like the way a product is going, you can take the source and code it the way you want. (or hire someone to do it for you) There are also many companies that use linux to make money (in a very capitolistic sense). RedHat is the perfect example of this. They use their reputation and hard work to get where they are.

      However the biggest fact is that software developers have no control over what you do in terms of religion, and every other aspect of life. Americans have it ingrained in them that communism is a bad thing so everyone tried to relate what they don't like to communism. In fact most people that say this, don't even know what communism is. I'm also not supporting communism... I don't think it would ever work and it's more of a throwback to a dictatorship but that's besides the point. I don't think communism is necessarily "evil" but rather what people choose to do with is could be evil.

      I'm just tired of people trying to use the "all (linux|Microsoft) users are just like communists." I think there is room for both to survive. I've been a Linux user for about 9-10 years now so I know how to use it. I haven't used a M$ product in about 2-3 years now. (Not word, office, that crappy media player, etc...) So I must be against closed source right? Wrong... I have an apple PowerBook G4 with OS X. Sure it's got an open source component (and I have open office, emacs and a bunch of otherr free GNU tools from fink) but it also has a very closed proprietary part which is definately not free.

      Should all software be open source? It doesn't matter because it never will. There will always be a niche that needs customized software for their needs and people always like choice and if you can offer something better than open source can offer, you stand to make a lot of money. I think they can live side by side but M$ needs to stop their anti-competitive practices!

  4. 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

  5. Keep politics out of it! by cpghost · · Score: 5, Insightful

    Calling for legislation to step in, is almost always a bad idea. We may be dreaming of an open source friendly regulation, but this is unlikely to happen. We simply don't have the purchasing power that Microsoft and others have with our politicians, so we'll end up having a heavily regulated market with anti-competitive, pro closed-source rules. Remember DMCA?

    --
    cpghost at Cordula's Web.
  6. 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.

  7. Your hatred of Microsoft blinds you by Anonymous Coward · · Score: 5, Insightful

    When you say you don't like Microsoft, you really don't like the choices millions of people make. I've been in this business long enough to know an analogy to war is ridiculous. You seem to believe that any choice of Microsoft is illegitimate and that open source can't fight fair in a free market, which is the big joke. Linux is doing great without the government, thank you.

    And this committee for patriotic software, should it ever be enacted, will be the downfall of open source. It will be just another control point for power and allow the morality police a central point of control. It will become a do-nothing political body like all the rest.

  8. If this were a cold war... by Zakabog · · Score: 5, Funny

    Microsoft would have thousands of nuclear weapons, except they would constantly explode in their own silos. Everyone would have an easy to use rifle (with baby blue color theme), but only a handfull of people will be able to keep the rifle out of enemy hands, everyone else will just leave it lying around outside cause they're too lazy (or stupid) to secure it anywhere.

    Linux would have some great weapons but only 20 people would know how to use them, 12 of these people would have them loaded correctly, 5 will accidentally shoot themselves in the face, 2 would use the guns of the people who shot themselves in the face, and continue to shoot those people in the face, and the last person would develop a new loading mechanism and distribute it to everyone so they now have to figure out how to load it all over again.

  9. Re:Government Requlation? by probbka · · Score: 4, Insightful

    The reason that regulation of power and water in a free society is that they are what's called natural monopolies. Multiple infrastructures for power, water etc. are just redundant, so there tends to be only one utilities company for a given area. The government regulates them to make sure that they don't charge exorbitant fees and hold vital utilities hostage.

    This of course does not apply to software, where competition is a good thing and is necessary for growth. There is no real R&D in the utilities industry, but just imagine if MS hadn't done R&D since Windows 3.1... they'd be left in the dust by Linux. Not that they haven't been anyhow, though :)...

    --
    Only requirement for good karma: be pedantic as much and as often as possible.
  10. Pig iron [2002 Gates memo calls for security] by NZheretic · · Score: 5, Informative
    The suggestion has been made before ...

    Subject: Pig iron [Was: Article: Gates memo calls for security focus]

    On Fri, 18 Jan 2002 15:16:08 GMT, Alun Jones <alun@texis.com> wrote:

    >In article <u0O18.81315$Sj1.32399626@typhoon.ne.mediaone.net> , Simon Chang
    ><schang@quantumslipstream.net> wrote:
    >>It remains to be seen whether Gates & Co. continues to treat inadequate
    >>security policy and implementation as just public relations issues.
    >

    >In Microsoft's favour, look what happened when Gates wrote a memo suggesting
    >that the company should get with the Internet. Complete U-turn on the part of
    >the whole company, with a huge emphasis on Internet development. What Gates
    >says, goes. Just maybe those doomsayers within Microsoft who have been saying
    >yes, but what about the security angle? (I presume there are some) will now
    >be listened to, and their recommendations acted on. I certainly hope so.
    >

    I fully admit, it is a Great Leap Forward, just like another one in history...

    http://www.asiaweek.com/asiaweek/magazine/99/0924/ cn_economy.html
    +Mao launched the Great Leap Forward program in 1958, arguably the greatest
    +economic folly of the 20th century. To help China surpass the economies of
    +Britain and the U.S. in 15 years, he decreed that every Chinese should
    +produce smelt iron. Hundreds of millions of citizens neglected farms to make
    +low-grade pig iron. Beijing did not know that grain was rotting in the fields

    Why the above quote? Check out the language Mr Gates uses in his letter
    ( see the register
    http://www.theregister.co.uk/content/4/23715.html
    ). Remind you of the announcements of the old five year plans from
    the old Soviet and Maoist regimes? Even down to the use of catch phrases!

    If Microsoft's Management is serous ( and given their past pronouncements
    on the security of their products - thats a very big if ) , it is a
    Herculean but not impossible task ahead. It will not happen overnight.


    Microsoft Makes Software Safety a Top Goal - January 17, 2002
    http://www.nytimes.com/2002/01/17/technology/17SEC U.html
    +Every developer is going to be told not to write any new line of code, Mr.
    +Allchin said, until they have thought out the security implications for the
    +product.

    YES !!! Finally, but a little too late since almost all of the core OS and
    application code has already been written.

    Microsoft should have started this process three years ago.
    The attempt to turn their current inherently designed insecure products
    into a trusted system is like that of turning a sows ear into a silk
    purse. The result is more likely to be pots and pans into useless,
    unsaleable pig iron. A lot of the core design for many of the products
    is going to have to be rewritten.

    As for Trustworthy computing See

    Avoiding bogus encryption products: Snake Oil FAQ ...
    http://www.faqs.org/faqs/cryptography-faq/snake-oi l/
    ... the warning principals apply as much to secure software
    products as it does to cryptographic products.

    For software to be Trustworthy it requires that both the source and
    build processes be verifiable by public inspection by peers in the
    industry. That *requires* an unrestrictive license such as open
    source (

  11. 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.

  12. 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.

  13. 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.
  14. Fix copyright first. by evanbd · · Score: 4, Insightful
    Copyright, along with patents, was intended to advance the sciences and useful arts. The way this was accomplished is to allow a period of protection, after which the work was available to the public. Therefore, patents require an explanation of the patented device. Copyrights in the past ensured that the work was available because text is human readable. However, modern copyright is being applied to software in binary form, which is not human readable. After the software enters the public domain, new programmers may still be unable to use it for anything for lack of source code. Therefore, copyright on software should require the disclosure of the source code. The creators are still afforded protection for their work through copyright, but now society gets the benefit that the copyright bargain was supposed to provide -- the later use of the work.

    Of course, for this to work, copyright terms need to be returned to something reasonable, but that's a different problem.

  15. 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

  16. Free Software != Communism by WombatControl · · Score: 4, Insightful

    I utterly hate the analogy that FOSS is communistic. First of all, last time I checked, FOSS hadn't killed hundreds of millions of people as communism had. Second, it doesn't work on a philosophical level.

    Communism is based on a centralized command system in which the state controls the means of production in the name of the people. Of course, this never works out as only a fool would automatically presume the interests of the state and the interests of the people are exactly the same.

    In software development, this is closer to the closed source model - the state (ie Microsoft) orders that a task be done and the apparatchiks do it. Granted, Microsoft doesn't kill those that fail, and Microsoft is nowhere near as corrupt as the former Soviet Union, but the overal concept of centralization remains the same.

    FOSS development is more like anarchocapitalism than anyone else. No one is forced to open their code, but programmers like myself do so because that's how we rationally get the most benefits. Granted, I could sell my products and perhaps make some money, but I couldn't recoup the costs of development without putting as much time into marketing as I do programming - and I don't care to do that.

    The essence of capitalism is free exchange - which is why capitalism requires a free society in order to function well. Without the concept of the right of property, the GPL or other FOSS licenses would be meaningless. If I can't "own" my code, I can't dictate the license terms, and we're back to the state of nature. In the state of nature, everything is free for the taking - so long as you're cunning enough to take it. The whole reason government exists is to prevent that from happening by creating the social contract. (Which is why the statement that sacrificing liberty for security is wrong - that's the whole point of government itself, but I digress.)

    FOSS devlopers give out their code because it provides them with the greatest rational benefit, not because some centralized authority tells them they must. That isn't communism, that's capitalism, and that's why the FOSS development model is doing exactly what capitalist economies do to state-planned economies - dynamically growing faster and more agile with each passing day.

  17. 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.

  18. trade deficit concerns by cantabrigian · · Score: 5, Insightful
    With the US experiencing an ever-widening trade deficit, I cannot help but think that American lawmakers have reason to believe that a well-defined market for intellectual property is the only way to secure America's economic future, and that Microsoft and other closed-source software companies are providing the most promising means of sustaining a flow of money into the US.

    Essentially, US exports of tangible goods are in decline, and it seems ludicrous to think that providing a management layer for organizations that actually exist overseas can last forever. Do we actually believe that workers in India will not someday discover that if they managed their own companies, then they would not need the US at all? Perhaps this is a bit of an oversimplification, but I think that the point resonates in the hearts and minds of people concerned about economic sustainability for the US. So we're going to support Microsoft, dammit, because OSS is the way to seal America's fate as the country that contributes only intellectual property to the world and gets essentially no compensation in return.

    As a supporter of OSS, this notion frightens me. But I have yet to hear an argument that this is not as serious as I fear.

  19. Already regulated in some sectors by SimoM · · Score: 5, Informative
    What you can (and probably should) do is to regulate its use in any of these fields as that field seees fit (or not regulate at all, as the case may be). When it is to be used in medicine, regulate it as a medical technology.

    Software is already regulated in some fields, such as when it is part of a medical device. See, for instance, FDA-imposed design controls on medical devices "automated with computer software" in 21 CFR 820.30. FDA has stated that "Software must be validated when it is a part of the finished device. FDA believes that this control is always needed, given the unique nature of software, to assure that software will perform as intended and will not impede safe operation by the user." (in their final rule on that "Quality System Regulation"). The regulations call for extensive documented verification and validation activities.
  20. Regulating Cars vs Software by solprovider · · Score: 4, Insightful

    Miles per gallon is important to consumers. A car that cannot be driven 300 miles on one tank will not sell. Most cars are just under 30 miles to the gallon, so a 12-16 gallon tank is sufficient. Buyers of sports cars and large vehicles (trucks, SUVs) expect 16 mpg, and the large vehicles have large tanks to maintain the 300 mile criteria. [My sports car can reach 300 miles on highways. City driving uses much more gas.]

    Emissions were regulated. Most people do not want a cloud of black smoke, but it required legislation to make a difference. The States made it as a profit center by charging for extra stesting and stickers. Citizens were aware of the issue because of the extra stickers, and because they were responsible for more money if their car did not pass. So the manufacturers had to satisfy the buyers.

    Regulating software would need to be done the same way. It is not enough to penalize the manufacturers; the users must feel the penalties. The laws would need to penalize a user for having a PC that spams or is used for a DOS attack. Unfortunately, it is difficult to verify the packets originated at a specific IP Address. What if you happened to check sco.com on the day of a DOS? Were you part of the attack, or just wondering if the website survived?

    Once these issues are resolved, and the users feel the penalties, then they will demand that their software protects them. Software like MSWindows, where it is impossible to load a firewall before loading the network drivers, would disappear.

    --
    I spend my life entertaining my brain.