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Microsoft's Lobbying Priorities: Limiting Open Source

MonkeyDev writes "In the story on cio.com, 'Mr. Gates Goes to Washington', the author says...'Microsoft cared little for politics until the Department of Justice called it a monopoly. Now the company approaches lobbying the way it approaches everything- aggressively-and consequently it dominates the technology policy agenda.' The article outlines Microsoft's power, provides several examples of legislative decisions heavily influenced by the company, and talks about where they are aiming their newly found political clout. 'Microsoft's policy agenda includes issues that many CIOs agree with, notably more government funding for research and development, stronger copyright protection, and free trade in offshore products and services. However, two of Microsoft's policy priorities, limiting the adoption of open-source software and inoculating technology companies from spam liability, stand out as areas wherein what's good for Microsoft may not be good for all CIOs.' Further, 'Microsoft has lobbied particularly hard against open source, helping kill state bills that advocate for open source in Oregon and Texas. Microsoft argues that open source freezes innovation, and Krumholtz says that commercial software alone spurs economic growth and creates jobs.'"

36 of 592 comments (clear)

  1. Oh No... by Code+Dark · · Score: 5, Funny

    If Bill Gates runs for President, I'll be very sad. "We're not a monopoly... but, uh, we will be your rulers! Where do you want to go today?"

    --
    - Code Dark
    1. Re:Oh No... by Bull999999 · · Score: 5, Funny

      I, for one, welcome... No!!! What the hell was I thinking!!!

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    2. Re:Oh No... by Starsmore · · Score: 5, Funny
      "Mister Gates, when did you realize that you were creating a monopoly?"

      "Monopoly is a fucking game, Senator, I'm trying to take over the world. First we had Information Technology, 'IT'. Next is Total Information Technology. 'TIT'. Cause when you are sucking on my TIT, I've got you by the motherboard."

      Robin Williams rocks.

      --
      "If Common Sense was so common, it wouldn't be such a valued trait."
  2. arg by bmaier · · Score: 5, Insightful

    its the other way around, microsoft stifles innovation

    1. Re:arg by Rick+Zeman · · Score: 5, Interesting

      its the other way around, microsoft stifles innovation

      It's not even that. Neither M$ nor "open source" are particularly innovative. In fact, the most innovative thing about "open source" is the model itself, not any results from it. Too much is taking what everyone else has done and trying to do it better, sometimes succeeding and sometimes not.

    2. Re:arg by kfg · · Score: 5, Insightful

      Too much is taking what everyone else has done and trying to do it better. . .

      And this is called "Good Engineering," kinda like what's happened with wheels.

      The number of truly novel good ideas is actually rather limited and often relies on a technological advance to impliment. Once that technological advance is made the good ideas come thick and fast for a short time, then settle down to evolutionary development again.

      Take the wheel. First a solid disk, then spoked, then tension spoked, each phase a dramatic leap over the previous method, and yet, if you look at the world today most wheels are solid disks. Why? Because of advances in materials. To the first builders of wheels the stamped steel wheel would have been a more logical development than the spoked wheel, except, of course, that they didn't have steel or the tools for forming it.

      Now, with the even greater advances in materials, such as plastics and composites, the solid spoked wheel is making a comeback.

      Philology recapitulates ontology and most "new and innovative" ideas turn out to be old ideas reimplimented with new technologies.

      It's simply a shame that most people haven't got the background to know the negative reasons why some ideas were dropped in the first place, thus wasting time recapitualating the wrong old idea.

      KFG

  3. That's Capitalism by bogaboga · · Score: 5, Interesting
    I should say that what M$ is doing is pure Capitalism; Do one thing as a CEO: "MAXIMISE SHAREHOLDER VALUE." The OSS movement undermines this, and this is why M$ will be against free software. What would you do if you were in M$' shoes? I will answer that. You'd do the same thing.

    Cb..

    1. Re:That's Capitalism by ThisNukes4u · · Score: 4, Insightful

      Actually, if I was Microsoft, I would try and manipulate free software in a way beneficial to me and make as much money as possible off of it, instead of trying to kill a potentially huge source of revenue.

      --
      thisnukes4u.net
    2. Re:That's Capitalism by DAldredge · · Score: 5, Insightful

      Pure Capitalism doesn't involve the goverment to the level that Microsoft has.

    3. Re:That's Capitalism by khallow · · Score: 4, Insightful
      Actually, if I was Microsoft, I would try and manipulate free software in a way beneficial to me and make as much money as possible off of it, instead of trying to kill a potentially huge source of revenue.

      Why should they do this? Their high profit margins will disappear because they sell software not services. They can't compete with wide spread open source and maintain their profits. Ultimately, they've decided that the best manipulation of open source is to hinder it as a competitor from as many markets as possible. Personally, I think it's a losing battle in the long term, but merely delaying open source can mean billions more of revenue for Microsoft.

  4. Microsoft's Lobbying Priorities: Limiting Open Sou by Anonymous Coward · · Score: 4, Insightful

    Microsoft is one of the largest donor in washington. obviuosly they need to do good for stock holders money. What is good for microsoft is good for stockholders and opensource is not good for microsoft so hey what else would you expect?

  5. Some day... by KneepadsOfAllure · · Score: 5, Interesting

    In October 2003, when Reynolds first announced plans for the bill, Andrew Wise, a Texas-based Microsoft lobbyist, flew up to Oklahoma to try to convince him that his bill was misguided. Reynolds was surprised that Microsoft, which doesn't make custom software, was interested. He says Wise told him that Microsoft might one day enter the custom software market.

    Wow... Does Microsoft plan on entering EVERY market some day? Can't you just see them lobby for or against some legislation for cloning because they may "one day enter the cloning market?"

    1. Re:Some day... by Jason+Earl · · Score: 5, Insightful

      Microsoft has a Price/Earnings ratio over thirty and their primary revenue generators Windows and MS Office have basically finished growing. Microsoft is taking a good hard look at entering all sorts of markets.

      Being a Microsoft partner is going to be an especially precarious position to be in over the next couple of years as Microsoft looks for ways to "get rid of the middleman" between Microsoft and the end user.

  6. Not commercial ? by IanBevan · · Score: 5, Interesting
    ...and Krumholtz says that commercial software alone spurs economic growth...

    I think redhat might argue that open source software can be commercial too.

  7. Legislation advocating tech decisions are wrong by jmulvey · · Score: 4, Insightful

    Microsoft has lobbied particularly hard against open source, helping kill state bills that advocate for open source in Oregon and Texas
    Sorry, but I fail to see how any bill (Gates or proposed legislation) that advocates in favor of either open or closed source is a good thing. Legislators ought to stick their noses somewhere else then making technology decisions.

  8. Oh yeah, thank god for Microsoft by AndroidCat · · Score: 5, Funny

    Without their fine closed-source innovation, the interweb would never have been possible. And wasn't it nice of them to give their TCP/IP stack to aid BSD development and let everyone else use that browser idea they had?

    --
    One line blog. I hear that they're called Twitters now.
  9. There's something I don't get... by Trurl's+Machine · · Score: 5, Insightful

    As we all know, UNIX was also created by a monopolist corporation, namely AT&T. For decades, AT&T had a deal with Justice Department: we (the people) tolerate your monopoly, you (the corporation) give us back all the technology you develop in your labs, so at least your monopoly serves the public good. That's why AT&T had no choice but distribute early versions of UNIX at a nominal costs to universities and research centres. It looks that 30-40 years ago anyone at least considered the question of "what is good for the public interest". What has changed in America since then?
    Why no one with relevant authority even tries to consider a similar deal with Microsoft? The case of AT&T proves that dealing with monopolists does not have to be necessarily a binary option, either we consider you a monopolist and forcibly split or we give you carte blanche. You can tolerate a monopolist corporation if you strike a good deal for common good - like in this case, for example, "OK, keep on your monopoly on MS Windows, but open the bloody source code so people can write their own security patches, give copies freely to education & research, do something to ensure cross-platform compatibility of data files and while we are at it, what about a good Age Of Empires sequel?".

    1. Re:There's something I don't get... by smootc-m · · Score: 5, Informative

      The quid pro quo with AT&T was universal service and regulated rates. AT&T was not allowed to compete in the computer field until after the breakup of the company. In hindsight their computer marketing was so poor, there really was no worry about it monopolizing the computer field at it did telecommunications.

      AT&T did exercise strong monopoly powers. I remember when it was illegal to hook up anything to the phone system. You had to lease your phone from AT&T. The phone device and all the wiring belonged to AT&T. To tamper with the phone or the wiring was illegal. This of course sounds awfully similar to some of the DRM legislation being pushed in Congress to forbid tampering with DVDs and other multimedia.

      AT&T had the telecommunications strangelhold as a government regulated monopoly with at least a publically stated quid pro quo. It seems that Microsoft wants the benefits of monopoly power without any of that pesky government interference.

      I hope legislators see through a lot of Microsoft's FUD and understand that a truly competitive playing field which includes FOSS software is the best environment for software innovation.

      I would oppose any deal with Microsoft that limits competition. I do not think such a deal would serve the public interest.

  10. Follow the money by Anonymous Coward · · Score: 5, Interesting

    Some politicians have budgets to meet and act accordingly. For instance, state legislatures who have to pay for drug plans are pushing to be able to import drugs from Canada. The FDA, which doesn't have to pay for anybody's drugs, is against it.

    The trick is to have the politicians with the power to set the rules having to bear the cost of the rules that they create.

    If we can make our politicians feel more responsible for the cost of commercial licenses that the government has to buy, then we will see much greater uptake of open source by governments. In Europe the politicians are juggling software patents vs. the cost of paying Microsoft. If it weren't for Ireland (a Microsoft client state), software patents would be dead in Europe.

    The bottom line: Make the politicians responsible for the damage they create.

  11. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  12. Keep up the PR/FUD Microsoft ! by shades66 · · Score: 5, Interesting

    > Microsoft argues that open source freezes innovation.

    If this is the case then why such a big PR/FUD Campaign against opensource? If microsoft products are so "innovative" then then will out sell the free alternatives that don't "innovate" won't they???

    It getting rather funny microsoft running the "innovative" comment all the time when in my experience (10years ish) the open-source community has been far more innovative. (Hey I hear that I will be able to turn on/off computers using Shorthorn when it is eventually released. I wish linux had a feature like that.. oh..)

    Anyway the one good thing about Microsofts FUD campaign against opensource/linux is that it has enabled me to show a number of clients how good Linux is! After all why else would microsoft spend so much trying to convince everyone that microsoft is better. TCO Studies funded by microsoft. Get the facts website with blatently biased results.

    So microsoft keep up the fud as it is making me loads of $$$ !

    --
    ---- There are 10 types of people in the world. Those that understand binary and those that don't
  13. No innovation with opensource? by SkunkAh · · Score: 4, Interesting

    Commercial software that which many things of are patented are stopping innovation. History tells us in the time James Watt invented the Steam Engine he patented almost every (little) effort he made on it. The development/innovation of the steam engine for the next 10 years was totally stopped. In one particular region in England where they actually denied patents(-laws) and shared all information about new inventions and innovation the most effort on the steam engine was done. So this is almost the same situation we now have with open source and commercial software, only in another era.

  14. What is truely sad.... by rben · · Score: 5, Insightful

    Is that these actions by Microsoft fundementally affect everyone. Open Source makes perfect sense for certain types of infrastructure applications, the Operating System being the best example. Everyone who uses the OS can contribute to its growth in capabilities and maturity. Everyone benefits except the vendors of Operating Systems.

    Open Source make especially good sense for governments as well, since they all have similar needs and limited budgets. Contrary to what Microsoft believes, my tax dollars are not intented as a hand out for Bill Gates. I want them used wisely. If Bill Gates wants my money, he can get it by producing software that I purchase willingly, not software that I am forced to pay for by Micrsoft's creative marketing "agreements" with computer vendors.

    Now, for all those who are going to scream about how we should all just watch quietly as Microsoft goes about it's business of squeezing us for money... MS is a convicted monopolist. I personally believe that there is no place for a monopoly in a free market economy. It will always result in the devistation of the marketplace, just as MS has. Capital for software development didn't dry up just because of the Dotcom meltdown. It has vanished because no one wants to invest in developing a software product that MS might decide to compete against.

    Those of you who are unemployed software engineers, think about this very carefully. MS is part of the reason you are out of work. MS has become the impediment to innovation in our industry, not Open Source.

    If you want a good example, just look at Firefox vs. IE. MS stopped development work on IE after they "won" the browser wars. Firefox is quietly taking over the market now by being better, faster, and far more secure. This could only be done by an Open Source project, because we saw what happened to Netscape when they tried to compete against the company that controlled the operating system.

    MS should have been broken up. It would have been the healthiest thing for both the stock holders and the software market. The new companies created out of the old Microsoft would eventually be worth far more than the current company is and we'd all see better software being developed as competition heated up again.

    --

    -All that is gold does not glitter - Tolkien
    www.ra

  15. President by yintercept · · Score: 5, Interesting
    If Bill Gates runs for President

    Sorry, but, why would Mr. Gate want to take such a large cut in his polical influence and pay?

  16. "Bashing" is not the problem. Lack of thought is. by Futurepower(R) · · Score: 5, Insightful


    "Bashing" Microsoft is like "bashing" the present U.S. government administration. Unless they have spent many hours studying them, those who complain probably don't know one-one-hundredth of the abusiveness.

    I've been trying to understand the underlying causes of organizational abusiveness. Partly it seems that rich people often begin to think of themselves as above everyone else. The begin to have a subtle kind of mental breakdown. For them, continuing to think of themselves as superior is like drugs to a crack addict.

    The article Windows XP Shows the Direction Microsoft is Going shows a little of the inability of Microsoft to be a good world citizen. It's old now and needs updating, but it does give a small idea of the breadth and depth of Microsoft abusiveness.

    Three movies and 35 books say that the present administration of the U.S. government is extremely corrupt. See the article Unprecedented Corruption: A guide to conflict of interest in the U.S. government.

    At present vice-president Dick Cheney is visiting all the states with many undecided voters to tell them that the U.S. is constantly at war, and he and George W. Bush are the best people to lead a war. The U.S. government has engaged in 24 wars since World War 2. The system works by creating fear so rich people can profit.

    As former U.S. President and Supreme Commander of Allied Forces General Dwight D. Eisenhower said in a famous speech, beware of the "military-industrial complex". Here's a quote:

    "In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.

    "We must never let the weight of this combination endanger our liberties or democratic processes."

    Another quote:

    "The prospect of domination of the nation's scholars by Federal employment, project allocations, and the power of money is ever present - and is gravely to be regarded."

    If you love the U.S. as much as I do, you will stop worrying about bashing, and you will begin trying to understand the conflicts and begin trying to help the world out of the mess it gets itself in when people don't think deeply.

    At present, those who complain about Microsoft are often attacked by people who are uninformed. This delays needed improvements inside Microsoft.

    Really, really caring makes you strong.

  17. Broken window fallacy? by Karhgath · · Score: 5, Insightful

    Isn't that argument ("only commercial software spurs economical growth"), which seems to be the biggest gun of MS and other entities against Free/Open Source softwares, only the Broken Window Fallacy applied to something else?

    I mean, surely they can't be serious. The govt have the choice bewteen paying a lot of money for commercial software, or much much less for free/open source software. The opponent of FOSS says that since they pay more, and people working for companies are earning money and got a job, it spurs the economic growth as opposed to FOSS who supports some people in their basement given nothing back to the economy.

    Isn't this bullshit? I mean, if they pay MUCH less for the needed system/software, they have MORE money left afterward, money that can be INJECTED back in the economy in different ways. So, the govt fulfilled their needs PLUS they have more money for the economy, and can spend it anyway they want.

    It's WIN/WIN isn't it? With commercial, they get their software at an overinflated price and they inject money ONLY in a specific part of economy and don't have the luxury to choose how to spend it.

  18. OSS and the Free Market by yintercept · · Score: 4, Insightful

    The problem is that Open Source Software has been manipulated into the anti-property rights corner. If you have no rights to any of the code you write, then there is no way you can sell it and you go bankrupt.

    For OSS to really excel, there simply has to be a mechanism that allows people to get paid for their contributions to innovation.

    Open source has the potential of bringing more developers into the software development process...but there needs to be a way for people to protect their investment in the development of the code. Without that piece, politicos like Gates will always be able to come down on it as being anti market.

    The idea that people only get paid for installation and not development and that sysadmins will live a dual life installing software during the day for pay and writing code at night is really not tenable. Nor is the idea that software developers will live for extremely sporadic donations. If OSS came with a strong system of structured property rights, then OSS developers would make more money and it would be more exceptible to business types.

    1. Re:OSS and the Free Market by Exatron · · Score: 4, Informative
      You have some serious misconceptions about Open Source Software. The major open source licenses don't deny people rights to code they wrote. You can distribute your code under any number of licenses simultaneously because you wrote it.

      You also misunderstand the "anti-property rights corner"'s position. Their point is that creative works aren't property, but have been given certain property-like qualities for a limited time.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    2. Re:OSS and the Free Market by argent · · Score: 4, Insightful

      For OSS to really excel, there simply has to be a mechanism that allows people to get paid for their contributions to innovation.

      You'll have to ask Jordan Henderson about that. Or Apple. Or Microsoft... they use a lot of Open Source software too... NT is full of it.

      See, there's a lot of Open Source software that's not playing the FSF's GNU game. You don't hear as much about it, because it's not controversial, and it's widely used by all the big players.

      It's not a matter of "Open Source against Closed Source", except when someone with a bully pulpit says it is. Don't buy in to Microsoft's game, or Richard Stallman's. They thrive on opposition and obstruction for different reasons. The rest of us just want the best tools we can get for our money... and sometimes that's closed source, sometimes it's open, mostly it's Open Systems, though, because open systems let us mix and match the best tools regardless of where they come from...

    3. Re:OSS and the Free Market by Jollyeugene · · Score: 4, Insightful

      Yes, its true that Red Hat only spent $26 million on development and Sun and Microsoft spent 10 times more. So what? If someone does not spend money on one product, that does not mean that they cannot spend it on another. Lets stop looking at the amount spent on developing or purchasing software and look at the ROI on the software developed or purchased. Now we see that Red Hat Enterprise competes very favorably with Windows 2003 and Solaris. It provides incredible competition at a fraction of the price. Contrary to what the ISV software industry wants you to think, the real measurement of software value is what it can do for you, not the cash spent (often wasted) re-inventing the wheel, advertising it, and putting it in a pretty box.

      These poor companies would also have us believe it is the end of innovation if they cannot make obscene profit margins. Baloney. The money saved by not buying Slick Willy's OS does not disappear into the ether-- it is available for investment elsewhere. It can be used to hire other programmers and quality support, that was previously unaffordable (this is why I am currently employed as a software engineer, on Linux). Without Linux, there is no way my company could afford to develop our products in house.

      FOSS is the ultimate economy of scale, and this is what scares the bejeepers out of Sun and Microsoft. If it takes over ten times more cash to produce the same product as your competitor- then you are doomed. It is like the local general store trying to compete with Wall Mart. And now that the same corporate free-trade, merciless efficiency is being used against these big cushy companies, am I supposed to fear sorry for them? Hell no. They say they are "capitalists" who want to innovate-- so let them innovate a process efficiency, or let them die.

      As for a solution to paying developers, for having business give back to the system instead of just trying to mooch a free lunch, that is a cultural change that has to occur in management. Management needs to realize that they really do not want the "code". They want the system designed to meet their needs and to have support for it, and that they still have to pay something for that-- albiet less as they are sharing the load with other interested parties. As the support structure continues to improve for FOSS, more money will continue to come in.

  19. Creating jobs for Doctors by Jah-Wren+Ryel · · Score: 4, Interesting

    Krumholtz says that commercial software alone spurs economic growth and creates jobs.

    Yeah, in the same way that shooting yourself in the foot creates jobs for doctors.

    PS, why do some many people insist on framing the debate in terms of commercial softwre versus free software?
    It really is proprietary versus Free. Redhat is commercial, SuSE is commercial, the list of Free and commercial software is quite extensive.

    --
    When information is power, privacy is freedom.
  20. Ironic, isn't it? by Greg@RageNet · · Score: 4, Insightful

    Microsoft may be many things, but dumb is not one of them.. They learn from their mistakes and their competetor's victories.

    They pretty much minded their own business government-wise until their enemies wined and dined the folks in the beltway and got the feds to go after microsoft for antitrust. So now Sun and Netscape have taught Microsoft that if you spread the wealth around washington you can get things via governmental force that you couldn't normally get in a an open market economy.

    It's stark irony that an open source project such as mozilla could suffer thanks to a lesson about lobbying that Microsoft learned from Netscape.

    -- Greg

    --
    Slashdot, would a spell-checker for posting be too much to ask? It's not rocket science!
  21. OS supports innovation: examples that prove it by EmbeddedJanitor · · Score: 5, Insightful
    The difference between open and closed source is that people can't extend closed source. Open source, on the other hand, can be extended and used in new ways. The control over who can touch the code is removed.

    Example 1:For my sins, I am the maintainer of the YAFFS file system which is used extensively in Linux-based mobile and embedded devices. People have often take YAFFS and add stuff or use it in ways that would not happen if YAFFS was closed. Having people play with and extend YAFFS in ways that I would not have done myself has improved it. YAFFS is designed for NAND flash, when somebody said they want to use it for NOR flash I said "Dumb idea", but the person went ahead anyway and achieved great results. Now a few products are shipping using YAFFS on NOR. In a closed source model that could not have happened.

    Example 2: The RML preemptable kernel stuff. RML went and played with preemptable kernel stuff that many people said waas a waste of time (including, if I recall, Linus). When he was done, and could show that it worked, it got included back into the mainstream and the Linux kernel is vastly improved because of this. In a closed source model Linus would have said "Dumb idea, fsck off" and RML would have not been able to "scratch thaat itch" and would not have been able to get past having a cool idea.

    Code improves by having different people try out different things. Some are dumb ideas and go nowhere and some are good. Until tried, it is difficult to tell the good from the bad ideas. In closed source, a pre-selection filter prevents people trying ideas. In open source anyone can scratch an itch and try things out, hence open source is more likely to experience breakthroughs than closed source.

    --
    Engineering is the art of compromise.
  22. Just two thoughts by taj · · Score: 5, Interesting


    The first is when taxes pay for research and programming the code should be public domain. Microsoft, apple, GNU, everyone should be able to take the code and put it in their work, claim copyrights and license it as they like. From there let the various models compete. I dont want to get into trying to legislate licenses.

    The second is states should not be able to say you can or can not buy commercial software or open source. I'm not even for favoring one or the other. Let them compete. However, they should be able to say they will only be able to buy software that adhears to standards needed for interoperability between vendor products. So unless the .doc format is open, no go. Otherwise states get locked into vendors without options. If it involves transactions, communication or storage, it needs to be open and allow all vendors to participate.

    One thing is for sure. If you start playing politics with Microsoft, you better be ready for the big fight. Its one thing to push for standards which is going to cause enough conflict, but dictating vendors or rejecting vendors based on their biz model is getting into dangerous ground.

  23. MS Killed Virginia Bill by waldoj · · Score: 4, Interesting

    I worked with my friendly state delegate, here in Charlottesville, VA, to introduce an OSS bill in the General Assembly in Richmond last February. It did nothing but remind -- not enforce, not require, remind -- the state IT department that there's nothing preventing them from using OSS, should they see fit.

    It...uh...ended badly. Microsoft sent out six lobbyists (only one officially from Microsoft, with the rest from Microsoft shell agencies with Bushian names like "Organization for Software Freedom") and shut it down.

    We'll try again this year.

    -Waldo Jaquith

  24. Re:more like... by Geek+of+Tech · · Score: 4, Funny
    Just so that you know, when they were saying "Where do you want to go today?", they weren't asking us. They were just trying to get us "conditioned" for his Lordship Bill.

    If you've ever used Windows for more than a year, be careful. One view of Bill in public and you'll find yourself saying "Good Morning, Mr. Gates. Where do you want to go today?"

    I'm pretty sure it says that in the changelog somewhere....

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