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Open Source As Legal Time Bomb

Hwyman writes "TechWorld is reporting on the latest attack on open-source software by the Microsoft-backed Alexis de Toqueville Institution (ADTI). Many here will remember ADTI's previous assertion that Linux Torvald was NOT the true father of the Linux kernel. Taking the stance that OSS is in conflict with IP law, ADTI president Kenneth Brown states, 'After a brief glance at much open source software development, it becomes readily apparent that a number of open source practices directly conflict with best practices associated with protecting intellectual property.' With references like 'open sores software,' it's easy to believe that ADTI might be somewhat biased."

14 of 372 comments (clear)

  1. They don't just lie about Linux. by Slartibartfast · · Score: 3, Informative

    It will come as a surprise to no one that the AdTI, which attempts to portray itself as bipartisan, is actually 100% scum. The following is the text of an e-mail I sent to AdTI president Ken Brown (kenbrown@adti.net) not five minutes before I saw the Slashdot story:

    === cut here ===

    Subject: Oh, my.

    How had I not hit this link yet?
    http://www.answers.com/topic/alexis-de-tocqu eville -institution

    It goes without saying that my opinion of you has suddenly -- and almost incredibly -- dropped several notches. Nothing you have to say in your defense will in the least matter. I will gladly -- and publicly -- continue to flame you, but believe me; nothing you write will ever sway me.

    Until today, I thought you were merely "for sale." Now I know that you are reprehensible, and without redeeming value of any kind. Covert collusion with the tobacco corporations?

    Hanging is too good for you.

    Good day, and good riddance.

    1. Re:They don't just lie about Linux. by morleron · · Score: 4, Informative

      What bothers me is that I actually spent five irrecoverable minutes reading the trash spewed by this so-called think tank. If Ken Brown is representative of the type of intellectual talent found in the typical "think tank" it's no wonder the world is in trouble from listening to those folks. I suspect that, given enough money, Mr. Brown would be able to "prove" that he's his own father; which, frankly, is the only way that I can figure out for him to have come into being.

      Just my $.02,
      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
    2. Re:They don't just lie about Linux. by emurphy42 · · Score: 2, Informative
  2. Link is buggered. by Frodo+Crockett · · Score: 3, Informative

    Fixed link.

    Stupid slashcode.

    --
    "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
  3. Re:Typo #2 by Gnavpot · · Score: 5, Informative

    Linus Torvald..

    Linus Torvalds

  4. It's FUD and it's their end-game, and it's lame. by Anonymous Coward · · Score: 1, Informative
    "Linux has been crucial to the success of J.P. Morgan's derivatives-trading business, said Scott Marcar, head of technology for global emerging markets. Linux now powers about two-thirds of the CPUs that run J.P. Morgan's business of trading derivatives, such as futures and options contracts."

    Guess those^H^H^H^Hat ADTI-guy forgot to tell wallstreet!

  5. The best part of OSS by nate+nice · · Score: 3, Informative

    Is that if you have a problem with it, look under the hood. The keys are right there. Stop spewing stupid "theory" and have a look. Show us what's wrong. It's all there, look! Found anything? Keep looking. In fact, look until you find something...keep looking. Go for it! Found anything yet? No? Hmmm, I would suggest to keep looking actually. What's that, you're tired of looking? You would rather write an aricle about how you bet if you looked hard you would find something? Ok, the look!
    Show us what's wrong. It's all there, look! Found anything? Keep looking. In fact, look until you find something...keep looking. Go for it! Found anything yet? No? Hmmm, I would suggest to keep looking actually. What's that, you're tired of looking? You would rather write an aricle about how you bet if you looked hard you would find something? Ok, the look!
    Show us what's wrong. It's all there, look! Found anything? Keep looking. In fact, look until you find something...keep looking. Go for it! Found anything yet? No? Hmmm, I would suggest to keep looking actually. What's that, you're tired of looking? You would rather write an aricle about how you bet if you looked hard you would find something? Ok, the look!

    --
    "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
  6. Re:It's FUD and it will work by Anonymous Coward · · Score: 1, Informative

    Look it up dmf:

    RHAT For the nine months ended 11/30/04, revenues rose 58%, LNUNXFor the three months ended 10/04, net revenues rose 21% to $7 million. NOVL, For the three months ended 01/31/05, revenues rose 9% to $290.1 million. IBM, For the fiscal year ended 12/31/04, revenues rose 8% to $96.29 billion. WIND, For the fiscal year ended 01/31/05, revenues rose 16% to $235.8 million.

    Looks like they're all growing.

  7. "public domain" by Mike+Markley · · Score: 4, Informative

    Maybe I'm being a pedant (and it wouldn't be the first time), but how are we to trust the judgment of ADTI on the topic of licensing and IP when they aren't even aware of the difference between copyleft and public domain?

    Public domain is pretty clearly defined under current IP laws, and just about the only thing it has in common with open source, free software, copyleft, etc. is the fact that all generally permit anyone to look and touch. In fact, public domain refers to who owns it and only implies the license terms (to the best of my understanding, it's basically "the public owns this and, as the owner, the public can do whatever they want with it"). Copyleft does not release ownership of IP to the public.

    Then again, that's probably exactly what these clowns want the public to think it does...

  8. Re:Biased, with a point by Cyno · · Score: 4, Informative

    Remember, even if you win, the fight can easily cost you enough to put you out of business..

    And that is the heart of the problem, isn't it? Not the law, but the cost of protecting yourself in court against false accusations.

    EVERY business is at risk of law suits. Even Microsoft. However it is the big multi-billion-dollar corporations that promote and thrive in this type of legal ecosystem.

    What needs to be done here is to remove this money/power from those big corporations. And how that is done is by changing public perception, boycotts, and alternatives like F/OSS.

    So if all we do is go around crying wolf everytime we feel insecure we don't shift public perception in the right direction and F/OSS loses support. It doesn't need any support, but if you want to remedy the situation, and the real problem of IP/patent abuse, F/OSS is the best way to fight it.

    But I realize most of you are cowards and would rather run than fight. So, what are you waiting for? Run for the hills! The rest of us will hold our ground and let you know when its safe to come back down.

  9. Alexis de Tocqueville is rolling over in his grave by borgheron · · Score: 4, Informative

    It's a travesty that this name is used by these nafarious folks at ADTI. The real Tocqueville was a philosopher and lover of freedom:

    http://en.wikipedia.org/wiki/Alexis_de_Tocquevil le

    Truely ashame that they should damage his name.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  10. at least it ends good by suezz · · Score: 2, Informative

    Brown's 2004 report alleged that credit for the origin of Linux should go to projects such as Minix, authored by Andrew Tanenbaum. That report drew criticism from many quarters, including Tanenbaum himself. "My conclusion is that Ken Brown doesn't have a clue what he is talking about," Tanenbaum wrote in a web posting at the time.

    yup brown is an idiot - bring on the legal challenges - who is he actually trying to scare.

    who does think he is anyway - my company doesn't own me and I am free to think and come up with ideas without the company saying they own it.

    this could be applied to anything - if I think of someway to paint my garage in five minutes and then my company wants to use the idea for their buildings - are they going to claim they own the idea because when I thought of it I worked for them? companies don't own you - what a moron.

    this guy sure likes mental masturbation a lot -

  11. Re:Alexis de Tocqueville is rolling over in his gr by Alsee · · Score: 2, Informative

    The American Republic will endure, until politicians realize they can bribe the people with their own money.
    -- Alexis de Tocqueville

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  12. Re:In the spirit of Alexis de Tocqueville... by johannesg · · Score: 2, Informative
    Let me give you this handy key:

    "spread and perfection of democracy around the world" = "spread and perfect of American hegemony around the world"

    "without rushing to judgement about which means will be most affective in producing it" = "we may use lies, economic sanctions or outright war to get what we want"

    And since power in the USA resides with the corporations that means that pushing their agenda is indeed compatible with the AdTI's mission.