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."

Comments

"Microsoft Backed"

[tquinlan]

...'nuff said. While there may be those PHBs out there that will buy this stuff, I'm pleased that those that I've been speaking to lately (a lot more since I got a new job) don't really buy this stuff, and usually do take into account where these studies, reports, and FUD come from.

It's FUD and it will work

[Stevyn]

Nobody wants to lose their job because they "gambled on an open source alternative and lost". It's going to take more court wins to substantiate the GPL and dismantle the threat of patents that have no basis. This is a smart move on the part of those who do not wish an "open source revolution".

I'm all for open source, but I can understand how companies are afraid to risk backing it if it means it could end up costing them more later. And sadly, I feel this can slow down adoption of open source software. But for companies with good lawyers who can see past the FUD and who take the risk and use OSS, I hope they are successful because they are paving the way for others.

In the spirit of Alexis de Tocqueville...

[LaminatorX]

...and in keeping wih our mission to study "the spread and perfection of democracy around the world... without rushing to judgement about which means will be most affective in producing it;" we have decided to purport that software that shares freedoms with the end users and spreads across economic and national barriers is somehow bad, and that software that restricts freedoms and concentrates wealth and power in the hands of first-world mega-corps is somehow good.

Our next report will reflect on offer new insights on orbital mechanics based on the unprecidented rotations obsrved in Mr. de Tocqueville's grave.

Re:Not serious journalism or research

[killjoe]

According to their web site the IMF has taken them seriously.

Don't kid yourself there. These guys put out papers and postions that soon after will appear on republican talking points all over the media.

Protecting IP rights?

[Max Threshold]

Whoa, Open Source not conducive to protecting IP rights? Well, at least they're finally catching on. Maybe next they'll realize that IP isn't real property - it's a privelege granted for a limited time by the government.

Which is why ADTI is hosted on FreeBSD...

[shoppa]

http://uptime.netcraft.com/up/graph?site=www.adti. net.

They were on Irix up until a few years ago.

Re:Institutionalized...

[mikael]

Alexis de Toqueville Institution

Is that Toqueville as in Toque? Sounds like some kind of happy home where everyone wears little woollen hats.

British places of higher education had a similar obsession with titles. First of all, once many places gained degree granting status, they dumped the "polytechnic" title. Then when competition for students became more intense, various "Institutes of Technology" paid a grand sum to image rebranding consultants who advised them to dump the "IT" part of their acronym and become U instead (imagine MIT becoming MU). Then when that didn't work out, they added "The" to prefix the name.

Alexis de Tocqueville must bespinning in his grave

[TheBracket]

Alexis de Tocqueville must bespinning in his grave right now. The gentleman for whom this think-tank is named was a very forward-thinking member of the French nobility, right around the time that being of noble blood in France was hazardous to one's health. He is most famous for his comparison of Russia and the fledgling USA. He saw a lot of potential in the US, but believed that it's promise of democracy could be curbed by apathy, strengthening central governance, and a resulting tyranny of the strong over the smaller folk. That's pretty insightful for a French tourist in the 1800s! Given his observations, it seems likely that today he would believe that the use of patents, and shill-thinktanks to beat down the promise of OSS is exactly the type of thing that could lead to the nation's downfall. I'm sure he wouldn't want his name lent to such policies.

If I was disgruntled...

[purves]

This opens up questions around the legal ownership of contributions, and could even open an avenue for a "disgruntled employee" to give away company secrets by contributing them to open-source projects, the report argues.

He makes it sound like open source suddenly gives disgruntled employees an avenue to hurt their former employer when none existed before. Let's evaluate the choice of a disgruntled employee:

A) Give IP to Open Source Project

• Company finds IP because, well, it's an open source project
• Company forces project to remove IP
• Project at the very least is considerably set back if not closed
• Everyone on project hates me, possibly sued by former company for releasing IP

B) Quit and work for the competition

• Get a raise
• Watch former company lose market share to new employer
• Make insulting jokes about former employer with new co-workers

C) Burn down employers building

• Go to prison

Your results may vary, but you get the idea. Contributing IP to an open-source is hardly the best option for a vindictive person.

Re:This whole thing is ludicrous

[menkhaura]

"The most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly... it must confine itself to a few points and repeat them over and over."

Joseph Goebbels - Nazi Minister of Propaganda

Re:This whole thing is ludicrous

[Anonymous Coward]

Just thought it should be noted that when you sit down with a computer and write software, it's not for free. No matter what, your time is worth something.

A lot of free software is subsidized by parents paying the bills for room & board of the programmer. Other free software is subsidized by companies paying salaries to people creating open source software on the company clock.

I'm not saying this is good or bad, just that writing software is never really free. Somebody is paying to feed and shelter that programmer.

Software Theft: PROMIS

[handy_vandal]

If you don't think IP theft happens in corporate software, think again. There's been several very public lawsuits where code theft from one company to another happened.

True. Example: Inslaw's PROMIS.

Based on their knowledge and belief, the Hamiltons [William and Nancy, owners of Inslaw] have alleged that high level officials in the Department of Justice conspired to steal the Enhanced PROMIS software system. As an element of this theft, these officials, who included former Attorney General Edwin Meese and Deputy Attorney General Lowell Jensen, forced INSLAW into bankruptcy by intentionally creating a sham contract dispute over the terms and conditions of the contract which led to the withholding of payments due INSLAW by the Department. The Hamiltons maintain that, after driving the company into bankruptcy, Justice officials attempted to force the conversion of INSLAW's bankruptcy status from Chapter 11: Reorganization to Chapter 7: Liquidation. They assert that such a change in bankruptcy status would have resulted in the forced sale of INSLAW'S assets, including Enhanced PROMIS to a rival computer company called Hadron, Inc., which, at the time, was attempting to conduct a hostile buyout of INSLAW.
- Source

-kgj

Re:Liars can still tell the truth.

[mrchaotica]

I would think that all skilled trolls have good karma; there's too much overlap between "insightful" and "inciteful" for it to be otherwise...

Re:Alexis of Tocqueville Instituion: our mission

[Anonymous Coward]

Misnamed

No, I think the name was carefully considered and picked because it fit so well

Consider these quotes from the original de Tocqueville:

As one digs deeper into the national character of the Americans, one sees that they have sought the value of everything in this world only in the answer to this single question: how much money will it bring in?

and

In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own.

I think this guy picked a very apt pseudonym for himself and his one-man institution.

M$ Desparate!

[crusher-1]

Does this surprise anyone? M$ stock has been flat for over 3 years. M$ is betting the farm on Longhorn and unless the code base isn't as porous as it's previous products M$ is going to have a lot of negative and very critical reviews and recommendation by various analysts in a wide spectrum of sectors. Pair this with the continuing growth and acceptance of F/OSS. Even the U.S. Navy has formally announced a serious look into F/OSS. Governments are turning to F/OSS, Lenovo has a viable PC business in the fastest growing economy in the world at present - China (aka PRC) and IBM is sitting in the catbird seat to provide middleware and aid development.

M$ is finding that the status quo is not being accepted wholesale and many former allies are looking to vet their markets by giving serious thought to F/OSS and Linux - this continues to threaten M$ and they're running out of options for FUD. Not many people believe the FUD M$ spews - at least not anywhere near the numbers they used to.

Look, let's face it. M$ is going to attempt, at every opportunity, to smear the perception that F/OSS and Linux are inferior and uncapable. Anyone that has ever read any comments I have posted on /. knows they I'm a stanch F/OSS and Linux advocate. So, in all honesty - Linux has a fair distance to go to realize its full potential. But giving the time and amount of progress F/OSS and Linux has made, they community has done a stellar job IMHO. And the bigboys in Redmond know this all too well - they're not stupid - just suffering form a monoculture and denial.

So expect more of the same from such as ADTI - they were paid and therefore must produce something anti-Linux. The only thing that I find well.., pathetic, is that ADTI claims are on the edge of being out and out ridiculous. And in my mind that goes to show just how desparate M$ is getting. M$ viewed F/OSS and Linux as a developers play toy and a non-starter. Now that this is clearly not the case M$ has for the last few years been on a FUD campaign. The "Open Source As Legal Time Bomb" stance is just another tactic along the same lines as the SCOX(E) attempt to thwart the growth of F/OSS and Linux - The is the "F" in FUD - its main focus is FEAR. M$ is the one that's feeling the fear - and uncertainty and doubt are growing in the ranks of Redmond and their likely to be former clientele.