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Tocqueville Blames U.S. IT Troubles On Free Software

twitter writes "The group that told us closed source was more secure than open source, now tells us that "Open source software, also described as free software, is the neutron bomb of IP" that will destroy 85% of the market value of US companies and drive companies who are currently outsourcing to "draconian measures even worse than outsourcing." So, there you have it, free software is responsible for bad laws, out sourcing and bad hair days." (Remember who funded the same group's report on open source security?)

83 of 642 comments (clear)

  1. Cough-Cough-Bullshit! by Goo.cc · · Score: 5, Insightful

    "The report warns governments against relying on open-source software for national security."

    Personally, I would recommend against using closed source software produced by any company that outsource their programming. It seems to me that is a security risk of incredible measure.

    I would also like to suggest that Tocqueville create a report on how an illegally maintained monopolies can hurt the computer industry.

    1. Re:Cough-Cough-Bullshit! by akadruid · · Score: 2, Insightful

      I would also like to suggest that Tocqueville create a report on how an illegally maintained monopolies can hurt the computer industry.

      Money talks louder than sense. To increase volume, increase back handers.

      The software industry is only the latest victim of money-greased government. It's always happened - the only difference is that the modern well educated citizen with freedom of information knows a lot more about it than our ancestors.

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    2. Re:Cough-Cough-Bullshit! by MartinG · · Score: 2, Insightful

      > The report warns governments

      Since the government is ..

      You may find, if you check, that there is more than one government in the world. Some may unfortunately be listening to this kind of nonsense.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    3. Re:Cough-Cough-Bullshit! by Turmio · · Score: 4, Insightful

      > > "The report warns governments
      > > against relying on open-source software
      >
      > Since the government is busy sponsoring open source software, I think this warning falls (happily) on deaf ears.
      Yes, but these guys must be quite specialists of national security since they have the nerve to question the doings of this governmental organization with track record for not having that nonchalant attitude towards security issues :)

    4. Re:Cough-Cough-Bullshit! by scotch · · Score: 4, Insightful

      There are 2 types of slashdot readers, those who have seen this little math gem a million times and no longer think it's amusing, and those who haven't. The second category is comprised of 1 user with retrograde amnesia.

      --
      XML causes global warming.
  2. Wah! Stomp your feet! Wahh! by grub · · Score: 5, Insightful


    So, major U.S. corporations are heavily investing in developing a widely available 'free software inventory' that is open to anyone to use or customize at will. If customers only want to use free software, they will buy more hardware and services because there is no additional cost for software. Moreover, with no software costs, even hardware development, etc. becomes even cheaper.

    I always thought that the customer looking for, and receiving, the best value (or "bang for the buck") was one of the inherent features of capitalism. Now that the business model for software firms is being turned on its head Ken Brown is crying foul. I didn't hear Brown whining when domestic garment manufacturers started moving all the sewing jobs overseas to sweatshops which put far more people out of work than the current IT outsourcing.

    Of course, being a pieceworker in any industry isn't considered a "glamour job" on Wall Street.

    --
    Trolling is a art,
    1. Re:Wah! Stomp your feet! Wahh! by james_in_denver · · Score: 5, Insightful

      The report state:

      The bottom line is this: a non-IP future means that all companies in the Baruch Lev study go to from 85% to 0% in intangible asset value.

      That article fails to address the point that their costs associated with developing and maintaining IP (Intellectual Property for the uninitiated) will also drop to near $0. This allows most business to focus on, well for instance, their business. It frees them in some regards from worrying about how much budget to allocate for the overhead of purchasing and maintaining closed source IT "solutions".

    2. Re:Wah! Stomp your feet! Wahh! by gabebear · · Score: 4, Insightful
      GPLed software that a company owns the copyright to is probably still recorded as an asset. I imagine SGI's XFS copyright is now worth more than it was before releasing it under the GPL. If someone wants to use XFS in their non-GPL OS they are going to have to licence it from SGI. Even if they put XFS under a BSD licence, there would still be some value as the creator as an "expert".

      Some software re-released under the GPL(probably adding some asset to the original company).

    3. Re:Wah! Stomp your feet! Wahh! by ciphertext · · Score: 3, Insightful

      An organization obtains their piece of the market share by holding a competitive advantage over the rest of their industry. If a company uses nothing but open solutions, they lose a competitive advantage and they are put on an even level with everyone else using open solutions or on a lower level than the organization that does hold a competitive advantage with its IP. For a competitive business, it doesn't make sense to do this, and they won't do it. Open source decreases expenses. But open source also decreases competitive advantage and the most powerful organizations depend on their competitive advantages to stay at the top of their industries.

      I don't think merely owning open source products instead of closed source software weakens (or even levels)your ability to maintain a "competive advantage". What gives you the competitive advantage is how "efficiently" you produce your product or provide your service compared to your competitors. This also "assumes" that your product/service is "perceived" to be relatively equal in value to your competitors. You obtain a "competive advantage" by being the most efficient producer/provider of a product or service. The way that you "implement" your IT solutions (closed or open source) plays a role in making you more efficient, however, merely the ownership of an IT solution doesn't make you more efficient. If the implementation augments (by making you more efficient) your capability to perform your business processes, then you will have a competitive advantage over someone who does not have that same capability. IT solutions do not drive a business. Your business practices and processes are what drive the business. The IT solutions merely make you more efficient (in theory) in executing those practices and processes.

      --
      To know is to have knowledge....to understand is to be enlightened.
    4. Re:Wah! Stomp your feet! Wahh! by JWW · · Score: 3, Insightful

      Yes I am sure of that. If Ford does not modify the kernel they do not need to release their code for the control system of the car. If you write a game that runs on Linux do you need to release all the code for it just because you run it on Linux. Of course not!!! Oracle runs on linux and the last time I checked they haven't put any of their code out there under the GPL.

      Also, if Ford wanted to they could even create driver modules for the kernel and still not be required to include their source. See nvidia's Linux display drivers for this case.

  3. For god's sake by Ckwop · · Score: 4, Insightful

    Nonsense Squared! This is really unreal. I'm not a linux zealot but open source is at the *VERY least* as secure as closed source and has the potential to totally surpass it through the ability to get such a large amount of peer review.

    I don't see how companies saving money is going to lead to the end of the American way anyhow.

    I just love it when people say open source is anti-capitalist and unamerican. I think quite the opposite. It embodies the spirit of America. Capitalism is about maximising profit. Open source achieves that by being free (as in beer) on the whole. American's also love freedom of speech. Open source is more than freedom of speech. It's freedom of information. Companies don't like this fredom because they can't control it. It is cancerous but this isn't a bad cancer.

    If I put my blood and sweat into a piece of software and GPL it I sure as hell don't want a closed sourced vendor to take my hard work and make money from it - I don't see how that is unammerican. It's not Marxist, as some suggest, I still believe the code is mine and there's ownership to that code. It's just that i've made it freely available provided you follow some simple rules.

    Another point. The business value of code is not tied to applications as such.. it's tied to the code that bridges those applications. That's where you pay money the money for programmers. Open source will generally have no effect on the value of this important intellectual property. It just means you may not have to reinvent the wheel to do a job that's partly been done before..

    And besides, even if his logic was sane, if people are outsourcing jobs to india to save money then by the same token the open source neutron bomb should be able to take a chunk out of the market value of a few corporations. You can't have your cake and eat it.

    Simon.

    1. Re:For god's sake by CrosbieFitch · · Score: 5, Insightful
      ...GPL it I sure as hell don't want a closed sourced vendor to take my hard work and make money from it.
      In case you didn't notice, the GPL fully embraces the idea of a vendor (Microsoft or anyone else) being able to take your GPL source code and make money from it. All it requires is that if they release anything based on your source code, that they must release all the source code too. The GPL is not about preventing anyone from making money.
    2. Re:For god's sake by Rich0 · · Score: 5, Insightful

      And it also requires that MS not be able to restrict their customers from distributing the code themselves.

      Suppose MS made MS-linux based on the linux kernel and distributed it under the GPL for $10,000 a copy.

      Another company would just buy one copy and then resell it for $14.95 if they expected to sell at least 1000 copies.

      That is the other half of the GPL - you must license your derivitives under the GPL as well, which means that others are free to use the derivitives.

    3. Re:For god's sake by jdavidb · · Score: 5, Insightful

      I'm a libertarian and an extreme laissez-faire capitalist. I agree with you that I can't see how people believe Free software is anti-capitalism. I am pro-Free software because I am a laissez-faire capitalist.

      Intellectual property is a government granted monopoly. I do not agree with government granted monopolies, both on ethical grounds (just not right to restrain everybody else that way) as well as practical (not as good for the economy as some people think; the alternative is better, as demonstrated by Free software). Thus I value Free software as a legal means of resistance against these monopolies.

      Read clearly what it says is the purpose of intellectual property in the Constitution some time. The purpose is not to recognize the inherent right people have to their ideas; the purpose is to "promote the progress of science and the useful arts" by "securing for a limited time" an exclusive right to an idea for its inventor. That's a government-granted monopoly. If there were some issue of inherent rights here, then this right would last forever and making it end after the limited time would be immoral. (Your rights to your house don't expire after 14 years.)

      Furthermore, I don't agree that the progress of science and the useful arts is part of the purpose of government. I believe granting these monopolies and restraining everyone else who didn't come up with an idea is unethical. Furthermore, I believe it actually hinders the progress of science and the useful arts. Free software is proving that when these monopolies (effectively) don't exist, everyone can build on the work others have released, and the science of software construction advances faster than it would have had people exercised their privilege of government-granted monopoly. In the same way, all science in history has been built on the work of others, and we can best help the advance of science by not restraining those who would use and advance the ideas of others.

      Yes, as many point out, if intellectual property laws didn't exist, the GPL and copyleft could not exist, either. However, this misunderstands the purpose of copyleft. If you read what RMS has actually said (most people don't), you'll find that copyleft was invented as a weapon to strike against what he felt was an immoral exercise of copyright. He talks about how he used the rationale that it was acceptable to use the enemy's own weapon against them, even though he didn't agree with what they were doing. Copyleft is a way to use copyright law to work against what RMS felt was an abuse of copyright law.

      RMS may be a communist hippie or something like many people say; I don't know. He and I certainly don't see eye to eye on everything (he doesn't advocate the abolition of intellectual property laws or copyright, actually). All I know is, when I think things through from a libertarian point of view, I arrive at the conclusion that Free software is the laissez-faire capitalist way.

    4. Re:For god's sake by NineNine · · Score: 1, Insightful

      First off, you're not a libertarian.

      Secondly, a basic government is needed to protect property rights (that's a tenent of Libertariansim). Your assumption is that everybody wants to code for free, which is utter bullshit. How do you propose protecting the rights of people who develop software and want to sell it? If people who want to sell their work have no way of protecting their property, then what you've done is just ended all non-free software development, so all software development is in the hands of people who happen to have the time and money to code for free. The government is there to protect basic rights that make capitalism possible.

      What you're advocating is the gov't in Atlas Shrugged, and what happened there, would happen here if copyright an IP laws were ever abolished. Those people who DO create and want to be rewarded for it will have nothing to do with this country any more.

      I used to write software for a living, and if the software I wrote had no IP behind it, I simply wouldn't write software.

      Free software is not capitalism, and it doesn't fit. Capitalism assumes that people want to be reimbursed in some way. Free software makes no logical sense, because people do it out of altruism and stupidity.

    5. Re:For god's sake by tomstdenis · · Score: 2, Insightful

      The kernel is a small part of the OS though.

      MS in this case could take the userland tools and kernel, release those under GPL but then make their own proprietary hotplug/portage database which is not GPL.

      So you couldn't just buy one copy of MS-Linux and re-sell it since the distribution is not GPL, just certain components of it.

      Tom

      --
      Someday, I'll have a real sig.
    6. Re:For god's sake by Tarantolato · · Score: 2, Insightful

      Free software makes no logical sense, because people do it out of altruism

      Right. Super-altruists like IBM and Sun.

      and stupidity.

      Although the commies certainly proved themselves leaders in this field, there's nothing anticapitalist about stupidity.

      Free software is not capitalism, and it doesn't fit. Capitalism assumes that people want to be reimbursed in some way.

      Companies regularly have loss-leader products (give away the razor and sell the blades) that they don't expect to get meaningful reimbursement for. That's part of capitalism. Sometimes it works, sometimes it doesn't.

      The companies who are investing in Free Software (I'm using the GNU-approved term instead of Open Source just to annoy you, by the way) are making a comparable bet. Maybe it'll work, maybe it won't; you're pretty sure it won't.

      But failures are a big part of capitalism. If we banned bad business models, we'd basically be "picking winners" and setting an "industrial policty": which means you're veering into Mondale/Dukakis territory, binky.

      Hey, here's an idea, Mr. Capitalist-Libertarian-Ayn Rand-fanboy: if you don't like Free Software why don't you make a law against it? Oh wait.

    7. Re:For god's sake by Minna+Kirai · · Score: 2, Insightful

      Secondly, a basic government is needed to protect property rights (that's a tenent of Libertariansim)

      Conflating Libertarianism and libertarianism makes you look as stupid as if you mixed up Republicans and republicans or Democrats and democrats.

      In all cases, the specific uppercased political party named itself after a lowercased general principle, but has gone on to define itself in ways far beyond or even in opposition to what the original term meant.

      The acid test to distinguish a Libertarian from a libertarian is to ask "Should a man be able to sell himself into slavery?" The Libertarian says yes, a libertarian says no.

    8. Re:For god's sake by Simon+Brooke · · Score: 2, Insightful
      If there were some issue of inherent rights here, then this right would last forever and making it end after the limited time would be immoral. (Your rights to your house don't expire after 14 years.)

      You're right, they don't. In typical western democracies they expire in less than that. Here in Scotland, for example, if you leave a house abandoned and someone else has the use of it without your permission and without you doing anything about it for twelve years, it's legally theirs.

      There is no fundamental right to property. The law protects property - and ought to protect property - only so far as it benefits the community.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    9. Re:For god's sake by spitzak · · Score: 2, Insightful
      Free software is not capitalism,

      My god you are wrong there.

      Free software IS capitialism. Everybody writing it is writing for entirely selfish purposes. Not every reward is money. I would estimate 99% of free software is written to boost the writer's ego and to gain admiration, and perhaps even to advertise their talents and get paid. Maybe 1% is written by somebody literally thinking they are improving the world.

      The GPL is explicitly designed so that a persons creative efforts continue to belong to them, while still allowing maximum exposure and distribution and advertising.

      If free software was not capitalism, it would be public domain.

  4. Business Model by jenohn · · Score: 4, Insightful

    From the article... >>This feature makes selling GPL'ed software inane because anyone that agrees to the terms of the GPL can also have a copy of the same software with the code - for free. There are a lot of businesses making some fine money from selling that free software. Redhat, Gentoo, Mandrake, etc.

  5. Microsoft!=All business revenue from Software by foidulus · · Score: 5, Insightful

    One just needs to look to IBM for a great counter-argument. A few months ago IBM announced that it was going to form special groups of IT people that would each concentrate on a different area(ex: manufacturing, retail, banking etc). They will get a base of FOSS then add custom software etc to that base to help the business be the most efficient it can be. Having worked in a manufacturing environment that made extensive use of Linux, I can tell you, it is a great help.
    The offshoring thing is also laughable. A lot of what is being sent offshore is stuff like back office banking coding, not a whole lot of FOSS software for that. FOSS helps level the playing field between giant corporation and small business. Now a little guy can get into the game without having to sign over his first born for windows licences or have to have an army of lawyers on standby in case the BSA comes knocking on their door because someone forgot to activate their copy of XP.
    Which brings me to a random aside, if you really want to avoid being offshored, SPECIALIZE! Learn something in addition to CS.

    1. Re:Microsoft!=All business revenue from Software by don_weber · · Score: 2, Insightful

      foidulus wrote: SPECIALIZE! Learn something in addition to CS. Absolutely, while you can study how to make hammers, no on offers a degree in "hammer science"

  6. Taste of your own medicine, Slashdot by Swamii · · Score: 1, Insightful

    So, there you have it, free software is responsible for bad laws, out sourcing and bad hair days."

    That is unfair, sure. But it is the same kind of generalizing bull shit Linux zealots have been pulling regarding Microsoft, that is is responsible for all the evils of the world.

    Mod me down if you must, but it's the honest truth. Generalizing groups of people, companies, or ideas is always unfair biased bull shit.

    --
    Tech, life, family, faith: Give me a visit
  7. Doesn't make sense by Uma+Thurman · · Score: 5, Insightful

    The simple version: I make money using open source software, because the marginal cost to learn or use just one more tool is zero. With closed source software, I have to pay somebody for everything that I use, which limits the number of tools that I have.

    So, when I have all these free tools laying around with no restrictions, I'm better off because I am limited only by my imagination. My counterparts who are limited by the size of their wallets can't compete with me.

    The end story is that if I'm an employee, I get bigger raises. If I'm a business, I have more money to hire people with.

    --
    This is America, damnit. Speak Spanish!
  8. Funny, IBM has been doing better... by aquarian · · Score: 3, Insightful

    ...since they started using open source software extensively, and selling products and services based on it. Other companies based entirely on open source software have made many people rich -- Redhat, for example.

    Gee, I wonder if someone in the proprietary software business is backing these De Toqueville folks -- Microsoft, perhaps?

  9. Question: by Paulrothrock · · Score: 4, Insightful

    How does open source cause outsourcing? People are still needed to configure and support it, and since it's free, they can spend more to support it. Support (the kind found at enterprises) is very hard to outsource because it requires local people. Closed source can only be fixed by that company. Can someone explain their reasoning for me?

    --
    I'm in the hole of the broadband donut.
    1. Re:Question: by Anonymous Coward · · Score: 2, Insightful

      "How does open source cause outsourcing? "

      If there is pricedumping on software, like the one open source causes, everyone must lower their prices.

      When you must lower your prices lower than what the man-hours to make it cost you must dramatically lower your cost to make it. Since man-hours are most of the cost software companies have, cheaper labour must be used.

      You can't have a large amount of people paid western-level salaries if the productts made will be very cheap.

      "People are still needed to configure and support it, and since it's free, they can spend more to support it"

      You got that completely wrong. The prices of products and prices people and companies are willing to pay for related products and services are connected.

      If you buy a database for $100 000 you can pay, say $20 000 a year for support. But if the database costs $1000 the support part of the total cost would seem unrealistic and people would simply not pay it.

      Thats also the reason why the stockmarket corelate the value of companies in similuar businesses. Value of one will affect the other.

  10. In other news, sky is blue by Alioth · · Score: 5, Insightful

    It's obvious that Free software will cause the business in proprietary software fall sooner or later. It's just not news.

    The question is: is it a BAD thing?

    Of course, there will be bleating about lost jobs. In the long term, though, it will be only a tiny number which will be absorbed elsewhere as companies have more money to spend on making software what they really need, thanks to the ability to customize. They will have to employ programmers to do this for them or other companies to provide this service. Open source will be bad news for some developers and some customers, but it's very good news for many more companies. Business models sometimes go out of date. People have to deal with it.

    I believe in the long run, OSS will be good for employment and the IT industry; it will take away artificial scarcity. It's funny how we as a human race clamour for instant and inexhaustable supply of everything, but as soon as we make something that's easy to make an instant an inexhaustable supply of (a copy of a program), we suddenly have to make it artificially scarce!

    1. Re:In other news, sky is blue by ballpoint · · Score: 4, Insightful

      we suddenly have to make it artificially scarce!

      Not by a long shot. You can buy as much proprietary software as you want, you are not going to exhaust the supply. And prices would not rise due to increasing demand - they probably would fall instead.

      So there is no scarcity. Then why does proprietary software have a price, which, in traditional economic theories, is a proxy for scarcity ?

      New economic theories are needed for music, movies, and to all stuff with perceived value but zero marginal cost. I think we haven't seen the full ramifications of the digital era yet.

      --
      Flourescent (adj): smelling like ground wheat.
    2. Re:In other news, sky is blue by composer777 · · Score: 2, Insightful

      I disagree, it will likely result in job loss. Let's not take the route that free traders take and say that somehow it will magically create jobs. Chances are that it will not. I could be wrong, but don't enter into free software with this rosy picture of the future and a stronger economy, etc. That's not why we do it. We do it because the alternative is even worse. The alternative is letting large corporations have all of the control over the future of technology. Perhaps what you mean is that it will be better for employment than the current system. That might be true, just make sure that you aren't counting on it.

  11. Market value vs. productivity by amightywind · · Score: 5, Insightful

    Open Source software...that will destroy 85% of the market value of US companies and drive companies who are currently outsourcing to "draconian measures even worse than outsourcing."

    The market value of a few software companies is irrelevent compared to the massive increases in productivity and standards of living that result from free software. Even though the world is awash in free software, creating systems and solutions using it is still very lucrative. Ask IBM.

    --
    an ill wind that blows no good
  12. job loss due to MS by fermion · · Score: 4, Insightful
    I believe MS is the cause of most proffesional developer job loss in the US. They create products that encapsulate knowledge and often allow less skilled workers to approximate common tasks in a shorter time.

    This has been going on for a long time. I personally remember the original SCO losing sales to MS as developers began to port products over to DOS and Windows. This meant that qualfied admins were being replaced with college kids who knew Windows.

    Then it was the visual languages. A person no longer needed to have a basis in best coding practices and best GUI practices. Just whip some widgets on the screen, and look Ma, I got me a program thingy.

    Then it was Frontpage. Who needs W3C compliance. Who needs to employ web browser developers. MS gives away IE and kills the browser industry. Who needs to hire qualified developers. Just put some Flash on the screen, say it is IE only, and the public will think it is a proffesional job.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    1. Re:job loss due to MS by stratjakt · · Score: 4, Insightful

      What idiocy.

      And Black and Decker costs jobs because they sell power saws and nailers that allow a single carpenter to frame out a new structure, when once upon a time it would have taken dozens to complete it in the same timeframe.

      We should pass a law barring people from creating better tools for getting things done. Everything should be like the way Linux and the Amish do it - as backbreaking and labor intensive as possible, because that means more work!

      The joke of it is, you were modded insightful on "we hates msft" principles, while I'll be modded flamebait/troll/offtopic because it may appear I'm "defending" them.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:job loss due to MS by PhrostyMcByte · · Score: 2, Insightful

      How is Microsoft making things easy for developers a bad thing? Why should we have to reinvent the wheel every time we start a new program?

      I can code straight Win32 GUIs, but I choose not to. Unless I need a completely dynamic UI, all it does is add more code and make things harder to manage.

      If you are having problems finding a job, get off your obsolete ass and learn the new technologies. If you know the easy way AND the hard way, employers will hire you over the retard just out of college.

    3. Re:job loss due to MS by Anonymous Coward · · Score: 1, Insightful

      If you are having problems finding a job, get off your obsolete ass and learn the new technologies.

      Employers won't fund employees learning technologies that they don't use. Most employers want to hire people with prior work experience in the technologies that they use.

      If you know the easy way AND the hard way, employers will hire you over the retard just out of college.

      Um, actually I've found that empoyers are aware that they can pay less to, and get more hours out of a recent graduate. Covert ageisim is real.

    4. Re:job loss due to MS by Minna+Kirai · · Score: 2, Insightful

      What idiocy.

      Duh. That was supposed to be idiotic- equally as idiotic as the Tocqueville report. Maybe he was a little too subtle...

      The poster was pointing out that just because something costs jobs or destroys company value doesn't mean it's bad. To fear that a technology will take away your salary is called "Ludditism". If successful cold fusion will destroy the worth of oil companies, so what?

      Everything should be like the way Linux and the Amish do it - as backbreaking and labor intensive as possible, because that means more work!

      That's a mischaracterization of Linux. In some cases it can be more work, in others less- because once somebody does the work, everyone else can often copy it free of charge.

      Both the freeness of Linux and the handholding of Microsoft can in some situations destroy jobs- but in neither case is that a bad thing.

  13. Sauce for the goose by ArsSineArtificio · · Score: 2, Insightful

    Since you don't think we should have IP laws, surely you won't mind if I swipe your post and claim I wrote it.

    So here's my own opinion on the matter: Call me naive if you must, but am I the only one who doesn't really care about IP laws? Wouldn't it be more innovative if we got rid of the ip laws and let it be free reign on creation and development? Then, the market truely would be customer driven.

    Without IP laws, companies would be forced to do as good of a job designing and implementing the product for fear of a competitor coming along and doing it better than they.

    Why the hell *do* we have these laws?

    --
    All employees must wash hands before seeking equitable relief.
  14. Alexis de Tocqueville by Joehonkie · · Score: 3, Insightful

    It's really sad that they are using the name of a great man to push this kind of bullshit on people. I'm sure an individual like him would actually be quite impressed with Open Source.

    Still, doesn't seem to be worth getting excessively upset over crap like this unless the government starts making laws based on it.

    1. Re:Alexis de Tocqueville by Daniel+Dvorkin · · Score: 4, Insightful

      Yes. De Tocqueville described a young America built on freedom, innovation, and opportunity -- the same ideas that underly F/OSS. For this bunch of reactionaries to call themselves the "Alexis de Tocqueville Institution" is like starting an anti-semitic group and calling it the "Simon Wiesenthal Institution," or a group dedicated to the restoration of the monarchy and calling it the "Thomas Jefferson Institution," or ... oh, hell, you get the idea.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  15. Missing the point? by oddman · · Score: 4, Insightful

    I think its important to realize that the author of the story *is not missing the point* of Open/Free software. He clearly sees it for what it is (at least partially,) an attack on corporate models along the lines of Microsoft (and Sun and IBM before they started to come around.)

    GNU/Linux is that! It is true that GNU/Linux advocates want proprietary, closed-source models to fail. The author gets this. In his opinion that is a really bad idea because a huge chunk of US GNP is based on that closed model.

    Now whether or not you agee with the conclusion drawn is one thing, but you should not be accusing them of being unaware of the realities.

  16. Chewbacca!! by shystershep · · Score: 4, Insightful

    Article summary:
    85% of market value of US companies == intangible
    intangible value == IP
    F/OSS software == anti-IP (& in fact will destroy it, somehow)
    Therefore, F/OSS == the destruction of 85% of the value of US companies

    I don't know where to begin, this article is so full of holes.

    Probably the most glaring error is equating "intangible value" with "IP," and claiming that F/OSS will destroy the former by avoiding the latter. First of all, F/OSS is not anti-IP. If anything, it is merely anti exploiting-IP-till-it-squeaks, but the GPL (etc.) are all about copyright, not against it. Second, what the hell does any of that have to do with trademarks? Last, but certainly not least, where are this guy's numbers? If 85% of "market value" of companies is intangible, and open source and outsourcing are going to destroy that value, wouldn't there be some measurable impact since 1998 (when the 85% number came from) with the increase of Linux market share and outsourcing the last several years? There ought to be some evidence for his position if it is at all defensible.

    Well, that's enough rant for now. I've probably made even less sense then this bozo, but idiotic, scare-mongering, groundless spin like this makes my blood boil. (Which is why I avoid TV even more in an election year.)

    --
    The bigotry of the nonbeliever is for me nearly as funny as the bigotry of the believer. - Albert Einstein
  17. The american way and open source. by Yartrebo · · Score: 4, Insightful

    I just love it when people say open source is anti-capitalist and unamerican. I think quite the opposite. It embodies the spirit of America. Capitalism is about maximising profit. Open source achieves that by being free (as in beer) on the whole.

    After hearing at least this argument and the opposite argument (that it's communist) 1,000 times, I've got a neat theory: Open source combines the best aspects of both systems. You get the cheapness, efficiency, and transparency of a free market and you also get the equality and sharing of a communist model.

    Ideal communism (as opposed to Soviet and Chinese communism) doesn't allow for copyrights (it would fly straight in the face of the communal model of sharing), and while the GPL relies on copyright for keeping the source open, under communism you would have to share source code you write, since it belongs to the state for everyone's use, so both achieve the same noble end.

    Free-market capitalism (as opposed to our crony capitalism and corporatism) maximizes efficiency by setting marginal cost to marginal price, which in the case of software, movies, music, etc., is very close to zero. If you supply the resources, like with P2P, it would be free.

    Open source also avoids the pitfalls of both systems. It gets around the state censorship problem by distributing control - anyone can fork off a project is she/he feels like it. It also avoids the problems of monopolists, rent-seekers, corporate censors, and other dirtbags that you find in capitalism.

    1. Re:The american way and open source. by Simon+Brooke · · Score: 2, Insightful
      Ideal communism (as opposed to Soviet and Chinese communism) doesn't allow for copyrights (it would fly straight in the face of the communal model of sharing), and while the GPL relies on copyright for keeping the source open, under communism you would have to share source code you write, since it belongs to the state for everyone's use, so both achieve the same noble end.

      Under ideal communism there is no state. Workers who produce anything own both the means of production and the products which they produce - absolutely and without anyone else having any say. Workers are expected to share the fruits of their labour with anyone who needs it - but the exact mechanism by which this happens is lost in hand-waving.

      Thus free software is as compatible with ideal communism as it is with ideal capitalism. It's really orthogonal to both, since both are rooted in exchange based economies and free software operates in a gift economy.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    2. Re:The american way and open source. by bmedwar · · Score: 2, Insightful

      > Free-market capitalism

      I'd argue that in such a system, GPL would be illegal (or more accurately wouldn't be applicable). All software would be under an implied BSD license, because there would be no laws governing IP. The notion of IP would not exist; there would be no need for a license. The absense of IP licensing certainly more closely resembles a BSD-style license, than it does the GPL.

      One key issue that people seem to miss is that in such a system you would still be able to limit the distribution and access to your trade secrets. The difference is that the responsibility of enforcement rest solely on you as the content distributer. You can't simply include a text file that says "user shall not do this, this, nor this" and then expect to lay the burden and expense of enforcing those rules on an entity that is funded from mandatory payment by all citizens.

      --
      --Brian
  18. IP Theft by Thnurg · · Score: 3, Insightful

    I stopped reading when I read the term "IP Theft".
    Do these people have a clue?
    You can't steal Intellectual Property. Why? Because it is not property. It is not governed by property laws. Sure, someone who violates copyright is breaking the law, but no court in the US or UK will convict them of theft.
    These people seriously need to get a clue before publishing uninformed rants.

    --
    The months are just too short. I can count the number of days on one hand.
  19. Re:What does that make me? Oppenheimer? by dfalgoust · · Score: 2, Insightful

    "I have become Linus, destroyer of Windows."

  20. Re:Article reaction by jrexilius · · Score: 3, Insightful

    actually they will make it an approachable commodity for all people, not just the rich and large corporations in the same way that has happened with cars, electricty, telephones, textiles, etc. The net effect of this is that everyone gets richer as they can devote more resources to new and better competitive advantages. The other side effect is that research and development will improve as well as quality. study a little econ man..

  21. Open source and free software is merely a response by codepunk · · Score: 4, Insightful

    The open source and free software is a natural response to draconian measures by proprietary software companies.

    It is a response to over priced buggy software.

    It is a response by developers that are tired of monopolistic control artificially imposed by vendors of propriatary software.

    Open software wrenches the control back to the individual and individual developer.

    It may shift control and the current business model but it will hardly mean the end to the software business. Open source software has already changed the software business and it is going to overtake it in my opinion. The only question is are the software development shops going to adapt or die?

    --


    Got Code?
  22. Re:Am I the only one? by feloneous+cat · · Score: 2, Insightful

    Without IP laws, companies would be forced to do as good of a job designing and implementing the product for fear of a competitor coming along and doing it better than they.

    Actually, the whole POINT of IP lawsuits in business is to slow down a potential competitor. Why do I know this? Because there was a time when I had to look over patents (aww, who am I kidding, I still do) to see if we are, in fact, really infringing.

    Most of these Cease and Desist are pure bullshit. The only relevance they had to the projects I worked on is a) they had a microprocessor in them (the projects, not the C&D) and b) the pointy haired types don't understand the technology they're in charge of (which is why I had to look make this determination).

    So what did it gain anyone? Nothing. The projects rolled out and I wasted valuable time and money.

    If business spent MORE time on making BETTER products and LESS time on trying to figure out how to get something for nothing, perhaps we would ALL be better off.

    Except for the lawyers.

    --
    IANAL, but I've seen actors play them on TV
  23. Intangible Assets by LazyBoyWrangler · · Score: 2, Insightful

    The ratio changes from tangible to intangible assets doesn't surprise me in the least. For some srtange reason, accounting and stock market analysts have used the ever-inflating intangible asset valuations to drive corporate valuations into the stratosphere, forming the nucleus of every bubble market that eventualy pops. It isn't the technology or people of these companies that fail - its the valuations. Here in Ottawa, I see great technology from Nortel destroyed due to market bubble related carnage. We need last mile / high speed technology and the people that can imagine it and then make in real. The scary thing is that a lot of these people are flipping burgers, while the stock market analysts and accountants are busy trying to create the next bubble from intangible assets. Christ, it pisses me off!

  24. Where's the outcry? by Misch · · Score: 2, Insightful

    Where's the outcry from ADTI about the effects of the automobile industry on horse whip manufacturers?

    First, most free software such as Linux, (the most popular because of its operating system capability), comes with a license that dictates that any all development of the product (which would have been valuable intellectual property) becomes community property and must subsequently become free as well.

    Incorrect. No organization that utilizes free software is obligated to distribute the modifications to the code they created. (Of course, if that orgaznization distributes the program tehy develop, then they have to distribute the code.

    In a widely quoted study, Baruch Lev of the Brookings Institution reported that in 1982, 62% of the market value of companies in the S & P 500 Index could be attributed to tangible assets, and only 38% to intangibles. By 1992, Lev noted, the ratio had essentially reversed: 32% of the assets for S & P companies were tangible, while 68% were intangible. A follow-up study by Brookings in 1998 reported that the asset ratio had shifted even more, with 85% of assets intangible, and only 15% tangible.

    When people say "widely quoted" and don't even bother to cite a source, their credibility takes a beating.

    Second, Linux initiatives have enabled foreign-based information technology firms with zero IP costs and cheap labor to easily compete with U.S. software companies.

    Oh? Competition isn't good? Oops. Our bad. But in one instance,a backboe built out of lots of free software played a role in saving US government organizations $3-10 billion. Where's the outcry over the loos in business revenue for the existing phone companies?

    Open Source activists that want to see Linux succeed argue that eventually, they want all intellectual property protection to end, including patents and trademarks. The bottom line is this: a non-IP future means that all companies in the Baruch Lev study go to from 85% to 0% in intangible asset value.

    No we don't! Trademarks are very important, and I can't think of anyone in the OSS community who wants trademarks to go away. (i know, people will prove me wrong on this assertion).

    As for patents, onClick.do() shouldn't be patentable. X=X+1; repeat; shouldn't be patentable. Business models suck and should not be patentable.

    --

    --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  25. So let me get this straight by dkleinsc · · Score: 2, Insightful

    Last I checked, The American Way (TM) involved competitive markets ensuring that the group that could produce a product for the lowest price won. Open source software produces their product for an extremely low price (donations to the FSF, etc) and creates competitive markets of distributing, supporting, and modifying F/OSS. Plus the shift to services means that the jobs F/OSS creates have to stay in the US instead of moving to India.

    So, yes, the shrink-wrapped-box software industry executives may end up screwed. But programmers and other computer professionals will still have jobs, the smart executives will change their business around, and generally land on their feet. This was simple a model of creating software getting competed out of the market.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  26. the web is evil too by Anonymous Coward · · Score: 1, Insightful

    because people can read and learn stuff for free, like at libraries. wait, libraries are evil too then.

    none of these sorry bastards ever understands the gpl. it's a right to distribute, not to use. you can make all the changes you want and add all the code you want, and not share it with anybody, as long as you don't distribute it to others. that can only hurt software companies that want to sell software, not anybody else. any other company can benefit from the work of others, and not share any stuff they come up with, if they so choose. stupid asses writing about law based on assumptions that flow from an idea that is incorrect.

    will the a/c

  27. He's making an incorrect assumption. by composer777 · · Score: 4, Insightful

    He's assuming that the direction the US IT industry was headed was a good a direction, with a small minority of people owning everything. I agree, free software does strike a major blow to US corporations, and this is a good thing. Of course we can expect him to whine about how it's hurting them, but that's exactly what the point is, it's to loosen the grip of major corporations on IP, at all costs. It doesn't make sense to give corporations complete control over IP, if, in the long run, they'll simply lock it up and throw away the key, keeping a small team of programmers around for maintenance activities after the majority of work is done, but still charging the same price.

    As far as free trade goes, let's try not be naive. He's implying that corporations are really nice guys who wouldn't offshore if only we could get rid of free software. This is an old trick. What he's doing, is he's taking two groups that are a threat to the IT industry, and these groups are:
    1. IT workers who have recently been laid off and are upset at the industry for offshoring.
    2. Open Source programmers who are creating software for free.

    Now he is setting them up to fight amongst themselves so that they'll ignore what the industryis doing. The company I work for is doing the same thing. We have a Union here that is set to strike any day now. They keep bringing up the Union member's wages and saying,"See, look how much they get paid for what they do." Nevermind that they get paid a fraction of what I get paid. The assumption that they are implying is that the Union, by asking for higher wages, is causing my salary to drop and leeching off the company. That's pure nonsense. When low-level workers make more, then that causes everyone else wages to go up as well. This kind of wage inflation might be seen as a bad thing, until you realize where the money is coming from. It's coming from the top 1%. That top 1% owns about 43% of the wealth in the US, and they've managed to acquire 15% of that 43% in the last 20 years. When one knows that single fact, it's easy to see who the leeches are. They've stolen a huge chunk from Americans through scams such as free trade, credit cards, IRA's, Enron, Haliburton, etc., and getting some of is back to the people who actually work for it is a good thing in my opinion.

  28. this is true by VAXGeek · · Score: 3, Insightful

    It was also true that inventing electric lights spelled the end for candle makers. No one cared about crossing the Atlantic with a sail when they could use an engine. Gasoline would not be used as much if someone invented a cheaper way to get a car from here to there. Basically, software companies sell something that you cannot really touch and that can be copied infinitely. Free software can proliferate on its merits alone without worry of cost. On a long enough timescale, of course most commerical software is irrelevant. But there will always be those niches which OSS cannot fill, and commercial software vendors will turn to finding a niche and doing it best. I can't really see a future without OSS though, once you switch to it and it suits your needs, would you really ever switch back to software you have to pay for? I bet most shops that go open rarely go back 100% proprietary.

    --
    this sig limit is too small to put anything good h
  29. Value for whom by StrawberryFrog · · Score: 3, Insightful

    Value for whom - software makers or software users?

    If you are a shoemaker, then someone else giving away free shoes is a detriment to your business, but a benefit to the shoe-wearing population. If you are a software make ...

    However, software makers are also software users: In order to write the business apps that I am paid to write, I need an operating system, a compiler, a database, etc. So I benefit if the software up the chain is cheaper (or if we broke the windows habit), but I might lose my job if the company's clients can get the same business app that I write for free. That's far less likely, as it's rather a specialised application.

    A few large, and largely American, companies that exist to make software near the top of the chain will be the losers if free software takes over. The world's population in general will be the winners - they will pay less and get more, counteracting the tendency for the rich to get richer by further impoverishing the poor.

    I asert without proof that it's not a zero-sum gain. That is, the total gains to many from freeing IP will always match or more likely far exceed the losses to a few rich people by not gettting IP-rent any more.

    Thus I don't think it true that "downward pressure on intellectual property is having a serious impact upon ... the entire U.S. economy."

    I'm very happy with that, but then I'm not one of the very rich few, and I don't own a large software company. The Alexis de Tocqueville Institution isn't happy with it, so take it from whence it comes.

    --

    My Karma: ran over your Dogma
    StrawberryFrog

  30. Intangible_Assets GT Tangible_Assets EQ Fraud by stankulp · · Score: 3, Insightful
    "In a widely quoted study, Baruch Lev of the Brookings Institution reported that in 1982, 62% of the market value of companies in the S & P 500 Index could be attributed to tangible assets, and only 38% to intangibles. By 1992, Lev noted, the ratio had essentially reversed: 32% of the assets for S & P companies were tangible, while 68% were intangible. A follow-up study by Brookings in 1998 reported that the asset ratio had shifted even more, with 85% of assets intangible, and only 15% tangible."

    This sounds more like accounting fraud than anything caused by open source software.

    Does anybody remember a couple of companies named Arthur Anderson and Enron?

    --
    We must be alert to the danger that public policy could become captive to a scientific-technological elite. - Eisenhower
  31. Re:Am I the only one? by ckathens · · Score: 2, Insightful
    This is a short-sighted and a naive opinion. While I believe most of the original article is FUD and mere political banter (especially the part about "Linux Activists" believing all patent/trademark law should be eradicated), your commentis outrageous.

    Trademark, patent, and copyright laws exist to protect the "property" of those who create them. Without these laws there is little in the way of incentive for developing new products, since competitors can merely take your program, re-label it, and release it. A good example is Biotech patents: biotech companies spend millions of dollars every day in R&D. This R&D results in many useful and life-saving devices and drugs. If a competitor can easily take this device/drug and reverse-engineer and re-release/re-package, there is no incentive for the Biotech companies to continue making these drugs/devices.

    Here's another example: You're a engineering student who works in his freetime trying to design a great new widget. You spend thousands of dollars and put in every moment of free time on this product. Finally you get it to work and release it to the world. The next day every widget producer has your design and begins creating their own. DO you have any incentive to ever work on a widget ever again?

    Don't get me wrong, i'm a big fan of F/OSS. But your view of IP law is completly wrong. If you're interested in the basis for IP law or just want to learn more about it, Harvard Law School has a great page with primers for copyright, patent, trademark, and trade secret law.

    I'm a law student studying in IP so the subject is near and dear to me. I believe in the necessity of IP laws but what is really needed is a balance between IP protection laws and consumer rights. Right now the law is being bent heavily towards strong IP protection and against consumer rights. I'd like to make it a little more fair, but arguments like this make myself and others like the EFF look bad and are just provide more ammo for the content and software industry.

  32. Outsourcing a problem? by Henrik+S.+Hansen · · Score: 2, Insightful

    It's really funny how a community, which embraces (Free Software|Open Source), and values freedom and cooperation, is against something that is a good thing for people with a generally lower standard of living than us.

    It just seems so egoistic. "Let's make some draconian laws to prevent outsourcing (or make it hard), but really, we ARE for freedom and against government control".

    Please, grow up.

    (Of course, some might say that I misrepresent their views - "we are not really for freedom, you see" - this is just even more sad)

  33. But what would "MS Linux" be? by roystgnr · · Score: 4, Insightful

    Just a derivative work of the Linux kernel? I doubt it. If MS really wanted to make a proprietary Linux distribution, they'd probably bundle it with a bunch of closed source user space software. You'd still be free to resell the kernel they gave you (and any modifications they made to it) for $14.95, but you wouldn't be able to redistribute other MS programs just because they came on the same CD-ROM.

  34. Linux IP isn't necessarily American by Orthogonal+Jones · · Score: 2, Insightful

    Given that many of the Linux programmers who contributed to the core code aren't Americans, it is a bit disingenuous to say that Linux promotes the transfer of American intellectual property to parasitic non-American companies.

  35. False economy by earthforce_1 · · Score: 2, Insightful

    We need to drive home that the idea of open source or free software destroying economic value is based on a false economy. Customers that don't have to pay for software licences can spend their money elsewhere. Companies can afford to expand, lower the cost of their products, and perhaps hire additional staff with the money they save. And as a software/hardware developer I don't believe closed source equates to job security. You can still be outsourced, and there is little incentive to improve software products if the customer is locked in, so arguably they would be hiring fewer, not more developers.

    What they propose is analogous to shutting off the town water supply and throwing arsenic into the local river, in order to support the bottled water industry. This is the message that needs to get out.

    --
    My rights don't need management.
  36. 85% of tangible assets are not negligible by Chemisor · · Score: 1, Insightful

    > That article fails to address the point that their
    > costs associated with developing and maintaining
    > IP (Intellectual Property for the uninitiated)
    > will also drop to near $0.

    Think of how the stock market will see this: your company just lost 85% of its assets, but has also cut spending on IT infrastructure. Considering that the maintenance of proprietary software is probably much less than 85% of the total value of all assets, the result is still a very large drop in company value. And you know that means that this company's stock will crash, and it will crash hard. When that happens, I don't want to be in your shoes when you try to console your boss about not having to pay for those copies of Windows any more.

    1. Re:85% of tangible assets are not negligible by colinrichardday · · Score: 3, Insightful

      Of course, if your company is not primarily a vendor of proprietary software, then how does it lose 85% of its assets?

    2. Re:85% of tangible assets are not negligible by tybalt44 · · Score: 4, Insightful

      Well, I think the market would see a company with 85% of its assets in proprietary software in exactly the same way it would see a company with 85% of its assets in detachable shirt collars, or VAX hardware, or overalls for chimney sweeps, or rotary telephone dials.

      There's nothing wrong with that. The economy marches on. You can't halt economic progress just because the market means that progress produces winners and losers.

  37. Re:This is called the "broken window fallacy" by Tony · · Score: 2, Insightful

    . . . eventually they'd be outcompeted by the previous versions of their own products, which don't wear out and need to be replaced . . .

    In a monopoly position, that shortcoming of capitalism is fixed simply by either going to a rental model, or by causing the old software to expire, and refuse to work (which is effectively the same as the rental model).

    Please note the heavy push by Microsoft in recent years to migrate current customers to a rental model. I believe this is evidence that they are already feeling competition from their old software.

    --
    Microsoft is to software what Budweiser is to beer.
  38. Quite tired old arguments by Wylfing · · Score: 4, Insightful
    This kind of "reasoning" was very popular in the eighteenth and nineteenth century in Europe -- that if Company A is providing a product for less than Company B, then A is causing a loss to the economy in the amount of B.price - A.price. Of course this argument is the reverse of the truth: the extra money required to buy B's product is a direct reduction in the customer's purchasing power, i.e., the customer's net wealth is decreased, and the aggregate economy stalls. (Corollary: lower-cost alternatives in the marketplace create wealth.)

    Frederic Bastiat in 1848 wrote a nice essay called "That Which is Seen and That Which is Not Seen" dealing with this topic handily. A good portable copy is at Memoware.

    However, then as now many lawmakers were persuaded by this lie and protected the established players from competition. Because of bullshit analyses like Tocqueville's we can look forward to many more years of a sluggish economy. As soon as we stop shielding big players vis-a-vis "intellectual property" we'll see a nice upturn.

    --
    Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
  39. Other reports we want to see by Anonymous Coward · · Score: 1, Insightful

    The Rickshaw Operators Union has funded a study calling for the closure of sidewalks. An R.O.U. spokesman said "At the moment, people can get to where they want to go for free, by walking, thus endangering the livelihood of our members. We expect this study will show that wages for American rickshaw operators to grow by 85%, and job creation by even more".
    The Cabbies Union is also funding a study calling for the banning of private cars and public transport.

  40. The "Broken Window" Fallacy... by pjkundert · · Score: 4, Insightful

    "If some punks run around town breaking windows, it will actually help the local economy (eg. the local shoe maker, etc.). This is because the home owners with broken windows will purchase new windows from the local Hardware store, and hence the hardware store owner will buy his children new shoes."

    This fallacy is as old as time itself. It is provably false, trivially. (Breaking the windows increases entropy, reducing the total value in the system). The money going to buy the replacement windows would have been used on something else (eg. the shoes). The only winner is the company producing the windows. The loser is the community.

    Microsoft is the maker of Windows, supplying all the local Hardware stores (the businesses producing software) with replacement Windows. Somehow, not being forced to buy new Windows every year or two will "hurt" industry. (Oddly enough, Microsoft gets to go around breaking its own Windows, and forcing you to upgrade...) The only loser will be those producers of proprietary software, who choose not to cooperate with, and take advantage of, those who produce FOSS . For example, Microsoft will lose, if I chose to use Debian for my next Enterprise project. Does that money vanish? No, it goes to my company's shareholders (via. Capital Gains or Dividends), or to my clients (due to lower prices), or to me (due to increased profits). It just doesn't go to Bill. Who loses? Bill. No one else. (Well, Tocqueville also loses, because Bill doesn't pay them to write stoopid articles any more, either...)

    Take Apache, for example. Presumably, Apache hurts producers of Closed Source web servers. I cannot use the Apache code and re-brand it as "Joe's Web Server" (I think -- I haven't read the license, but I assume it is more like the GPL than the OpenBSD "free for any and all uses" license). However, this only hurts me if I (Joe) decide not to arrange my affairs to take advantage of Apache!

    If I choose to fight Apache, then I am (probably) reducing the overall value in the system. If I have some non-trivial value to add, then I should quit wasting my time re-writing the same code that the Apache team is writing, I should encapsulate my super-duper value in some kind of an add-on to Apache, and I'll start marketing my company as "Joe's Super-Duper Valuable Enterprise Support For Apache, That You Just Gotta Buy, If You're A CTO!"

    There! I (Joe) win, Apache wins, my client's win. Microsoft (IIS) loses. Who cares?

    --
    -- -pjk Perry Kundert perry@kundert.ca http://kundert.2y.net
  41. Balance by Anonymous Coward · · Score: 1, Insightful

    I find it amazing that so many people here both make their livelihood from creating software, and advicate that it should be free. Actually, Open Source is very very good for the vast majority of big business, obviously because it's free. And yes, they'll clearly have to pay sysadmins etc. to look after the kit, as they do now.

    But, what about the coders? Despite what posters here seem to think, the vast majority of companies (and not only small ones) do not employ coders, and would not (especially with all the related tasks such as risk management, quality control etc.) so, rather than buy proprietary software that takes care of these issues, as they do now, they will get it free and benefit.

    As for all you coders, please do continue donating software free to business. How are you going to pay the bills?

  42. Standing on the shoulders of giants by gmuslera · · Score: 2, Insightful
    IP laws could have some meaning when you think on just copying someone's else work without giving credit, and getting profit on that (even free software licenses have that in consideration). But also outlaws that someone else to have a similar idea (it even could be better, but similar enough to give troubles). Right now, the first that have and idea and follow a maybe complex task to register it, "owns" it, and nobody else is enabled to have a similar idea, or have a new idea based on that one.

    Civilization has reach this point because we builded based on previous works, and advanced on them. Wonder in what kind of caves we are living today if today IP laws were from the begining. You just need to patent a brick (or something equally basic) and the entire civilization must live in caves again.

    With software things can be worse, and what open source does is giving ways to build things up, to legally base in the works of others to reach new heighs, and without worrying about big corporations, needed money and things like that. Individuals not behind big corporations could make big differences for all, think i.e. in the relativity theory.

  43. The "American Way"? by Entropius · · Score: 5, Insightful

    The "American way" is not about capitalism, per se. It's about liberty. Sure, capitalism is a part of this, since it's the economic system that gives people the most freedom... but the founding documents of this country show no special devotion to capitalism. The Framers' attitude toward economics is best described as "As long as you pay your taxes and play fair, do whatever the hell you want."

    Free software is indeed anti-capitalistic, sort of. Capitalism is based on the notion that the value of all goods can be measured monetarily; the idea that someone would be willing to code for free (or for some non-monetary benefit, like prestige) causes a division-by-zero error in the system.

    But it's certainly not non-American, since it fits with the *real* American ideal of liberty: do what you want, as long as you don't hurt anyone. Free Software coders aren't hurting anyone other than by out-competing them (which is legal). They're helping a great many people: those who get neat software for free.

    (If I start handing out free cookies in the street in front of a bakery, I'm not breaking the law. In fact I'm a major benefit to society, because people get free cookies. Whether the bakery goes out of business isn't my problem.)

    Disclaimer: the *ideal* American Way involves liberty and governmental non-interference. It doesn't exactly work that way any more...

    1. Re:The "American Way"? by alph0ns3 · · Score: 2, Insightful

      "Free software is indeed anti-capitalistic, sort of. Capitalism is based on the notion that the value of all goods can be measured monetarily; the idea that someone would be willing to code for free (or for some non-monetary benefit, like prestige) causes a division-by-zero error in the system."
      Free software IS NOT about people coding for free, it's not even about money.

    2. Re:The "American Way"? by Entropius · · Score: 2, Insightful

      That's the point. It's not about money. The most pure form of capitalism assumes that everything that has value can be made to be about money. ... and, as you point out, free software isn't about money.

    3. Re:The "American Way"? by Quantum+Jim · · Score: 2, Insightful
      Capitalism is based on the notion that the value of all goods can be measured monetarily

      Is this premise valid in the real world? Warning: I'm going to restate the obvious in the response. Sorry.

      Certainly, societies with economic systems based on simple barter (for instance, a farmer and blacksmith trading food for tools) still follow capitalistic principles. The traded goods represent value for each person. Now the perceived value may be different for each person involved in the trade, but overall (of the society) the value follows capitalistic models.

      The idea behind money, on the other hand, is based on the notion that the value of those goods can be quantified by a standard measure. And that the measure can be stored and exchanged at a different time. For instance, the farmer can sell food to any person in exchange for an IOU for something with the price of the food (measured value of the food). Then later he gives that IOU to the blacksmith in exchange for tools. Then the blacksmith cashes in on the IOU for something else (the third party has to produce something of value to barter, after all). This is more efficient than simple barter.

      However, some things can't be exchanged this way. Like you stated, reputation in one person's eyes (AKA prestige) must be "bartered" by the other person's actions by definition (actions with that person's value for a good reputation). It's still capitalistic, but trade is just not based on monetary compensation. However, the behavior of society as a whole can still be modeled with capitalistic theories.

      --
      It is impossible to enjoy idling thoroughly unless one has plenty of work to do.
      - Jerome Klapka Jerome
  44. And free beer is destroying Busch by nurb432 · · Score: 2, Insightful

    Home brewing is destroying the liquor industry, shade tree mechanics are destroying the auto industry.. bla bla bla..

    I suppose they have to blame someone, and since we dont have the funds to defend ourselves in the mainstream media, we are the first target.

    The danger is that the congeress believes this crap and starts legislating a 'fix'. Much as they did with the DMCA.

    --
    ---- Booth was a patriot ----
  45. This is just too rich... they're owned by MS... by borgheron · · Score: 2, Insightful

    Alexis Do Tocqueville used to be a reputable firm. Now, I don't believe a word they say. It amazes me how they are trying to focus hatred on Free Software over the current outsourcing trend.

    The plain and simple truth of the matter is that the market was too fat to begin with. To many companies were charging to much for products or services and they're feeling it now.

    To many contractors were charging $400/hr instead of reasonable rates. It would have happened *anyway*, anyone who says differently is blowing smoke or selling something.

    They're idiots, no one else pays attention to them, why should you.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  46. Productivity of WHAT? by abb3w · · Score: 2, Insightful

    Not that I'm entirely disagreeing, mind you. But one of the main things software helps you make is more software... which (DeToqueville types claim) will go to zero value as a result of the complete unprotection of IP. Talented people may be able to develop and refine operating systems as a hobby these days, but they have to earn a living before they put effort into their hobbies. And increases in productivity mean nothing if what you produce becomes worthless.


    The patent and copyright system in the US was created to try to balance the need to give creative types some rewards for their efforts (to encourage progress and new thought) while enabling society to reap the benfits at limited cost and encouraging sucessive development. Recent legislation has begun badly imbalancing this towards benefiting creators-- or worse, their descendants. Weak examiniations by the patent office exacerbate the problem.

    Bill Gates' basic point from 1976 was that, if you do good work, you should be able to get paid for it. And, from an economics standpoint, more people tend to be inclined to do that work if they get rewarded.

    Of course, at the time writing software was a highly arcane and rare skill. These days, Microsoft's business is becoming more and more like prostitution in a college town: hard to make a living at because so many talented amateurs are giving a comparable product away for free.

    Software to do a job appears to pass through three stages: where nobody knows how to do it, where an oligarchy knows how to do it, and where nearly every shmuck knows how to do it. As time progresses, and computer skills have spread, more and more things move from the first category to the second, and then the second to the third.

    But you can only make a boodle of cash if what you're doing is in the middle category. What scares Bill is that almost all of Microsofts gigabucks of revenue come from Operating Systems and Office Suites... and Linux and Open Office have started moving (via the GPL) both of those from the hands of the oligarchy to the hands of the masses.

    The DeToqueville people are whining about this trickle down trend as the third part of their "three edged sword". In this, they are unfortunately like King Canute and the tide. The solution, obviously, is to be move more things from what nobody can do into the hands of the oligarchy. Of course, this means that those (like Microsoft) cannot rest on their Intellectual laurel Property, but must keep working hard with no assurance they will be the oligarchs who get the next amazing idea... as Google seems to have demonstrated. It may well be that operating systems and office suites will not be where the smart people make their money in the future, but on organizing these tools to make work go smoother (like IBM does). Of course, to make money this way (for long), your CLIENT has to be making money producing something-- which, if IP becomes worthless, won't be an information economy product?

    The DeToqueville institute may have some point with the first edge of their sword (as bad as that metaphor becomes), in that the GPL may be TOO STRONG a protection to encourage inventors properly... which I will suggest as a student term paper topic, rather than blather on about here. =)

    Their second edge I consider contemptible. Yes, giving away Linux is providing jump starts to lower-income countries. As a fat, lazy American, I find the disparity in the global distribution of wealth digusting, and if adjusting that can be done by giving the poor oportunities to become richer, I can accept that it means that the rich have to work harder to stay that way.

    A more interesting point that they raise is the shortsightedness of outsourcing in the effect that it has on redistribution of intellectual power. I think this will be the biggest long-term threat of outsourcing-- the gutting of the American skill set by failing to train replacements for the baby boomers.

    --
    //Information does not want to be free; it wants to breed.
  47. Free software makes logical sense by David+Jao · · Score: 3, Insightful
    Free software is not capitalism... Capitalism assumes that people want to be reimbursed in some way.

    Your problem is that you are narrow-mindedly assuming all reimbursement must be in the form of financial payment.

    I have personally contributed about 300 lines of code to Debian, for free. In return, I have received all 15 million lines of code contained in Debian, available to use for free. If that doesn't count as reimbursement, I don't know what does.

    Free software makes no logical sense, because people do it out of altruism and stupidity.

    Let's logically analyze how stupid and altruistic my above mentioned contribution really is. I contributed 300 lines of useful code and got back 15 million lines.

    1. Is this stupid? No. The 300 lines I contributed only took a few hours to write. The 15 million lines I got back takes a lifetime.
    2. Is this altruistic? Not in my case. I wrote those 300 lines of code out of pure self interest. The only reason I wrote the code was because I needed it for my own use.
    3. Does it make logical sense? It sure does. Each of the thousands of contributors receives far more value than he alone contributes.
    4. How can this work while Communism failed? Because software is infinitely copiable. Communism tries to apply the sharing philosophy to material goods, which unlike software are not infinitely copiable.
    5. What about the freeloader problem? Freeloaders are irrelevant for infinitely copiable goods. As long as the contributors themselves are adequately reimbursed, freeloaders do no harm.
    The moral is, do not blindly assume that the economics of material goods apply to software. And please, for the love of god, do not attack all free software as having "no logical sense". If you're not gonna participate yourself (as is your right), at least don't interfere with other people who wish to participate out of their own free will (as is their right).
  48. Re:That's the point by I_Love_My_Mac · · Score: 2, Insightful

    Information may wish to be free.... but use of that information does not want to be free.

    Consider the argument that software code should all be free. Why? The arguments usually stand that anyone can write code, and, for the most part, the code isn't going to be all that different, so why I should I hide my code? Simple reason. Not because the code for a particular algorithm is all that different from someone else's, or how you implemented a GUI is particularly such a huge trade secret. The real "trade secret" is how it's all assembled and implemented.

    Sure, the design to a combustion engine is "open source", but I can bet the implementations of a particular engine is patented. Why? Because someone spent resources (money, time, energy) on developing a particular implementation of various "open source" information. Those resources need to come from somewhere, so, thusly the engine price reflects that research and design cost (in addition to materials), and someone from a competing company can't just swipe your hard-worked implementation for free and sell it themselves.

    Applied to software, and information in general, there's no difference. The english language contains some tens of thousands of words. Everyone has access to them, however, the author who writes a best-selling book is allowed to charge (and people are willing to pay) for that book because of the implementation of those words. If anyone could just copy his implementation, resell or give it away for free, where's his incentive to write more books? Good will towards others? No. He needs to eat, and he also may want to buy a new car one day. Free information can go screw, I want to give my kids shoes to wear.

    I write software for commercial use. I usually open-source various components of a piece of software. If someone wants to copy what I've done, they're still going to have to devote resources to pulling all those various "free" pieces together. Just like I did. So is my software free (in both cases)? No, absolutely not. I spent time and energy (up front, as an investment) and now I want to have that investment pay off, so that I too can eat.

    As to the model of "giving software away" and charging for service and support. To me, that's just about as close to extortion as you can get. Frankly, when I evaluate software, I want software that works as close to out of the box as possible. If it needs customization, fine. But, after that, go away. I don't want a whole room of IT folk (and their salary, and their associated overheads) to maintain my equipment and software. I am more than happy to pay for a piece of software that doesn't require a legion of IT people to "support" it.

    Get with the real human nature. Competition and scarcity of information, and goods and services to create wealth is a underpinning of our entire way of life back to the caves. Understand people and their attitudes and how they operate. Perhaps you would only "eat what you need" when it comes to using free goods and services, thusly not abusing the system. But, for every one of you, there are probably 5 others who won't, generally "stealing" free ideas and using them to advance themselves, regardless of licenses and what slashdot has to say. This is why copywrite and patents exist to protect the original creators of implementations and ideas. It's a dog eat dog world out there. Really, it is. And few will easily just put aside their own needs and desires just because the EULA says GPL. If there's money to be made, someone's going to take that shot.

  49. what about US use of foriegn free software? by congaflum · · Score: 2, Insightful

    >Second, Linux initiatives have enabled foreign-based information
    >technology firms with zero IP costs and cheap labor to easily compete with U.S.
    >software companies

    Isn't he forgetting that these "zero IP costs" are effectively being imported to the US too?

    A lot of free software originates from outside the US, <cough>Linux</cough>, and its existance surely provides many technological benefits to US companies.

    The idea that all the smart work is done by Americans and then gobbled up by a punch of pesky foreigners (which I feel was being alluded to) is ridiculous.

  50. Re:Your post is not entire BS Free either by AuMatar · · Score: 4, Insightful

    Access to the source is nothing. Can the government fix the bugs in it, compile their own versions, and deploy it on government computers? Nope. So the source doesn't get them much, if anything.

    --
    I still have more fans than freaks. WTF is wrong with you people?