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

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.

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.

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.

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

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