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

True Fathers

[LordHatrus]

James Earl Jones: Tux... I AM your father.
Tux: Noooooooo!

Big Stick Policy?

[inertia187]

So the proposed solution is to sue the pants off of anyone involved with open source and take their money. Open source developers have a great defense against this: they have no money.

Re:Big Stick Policy?

[Tablizer]

Open source developers have a great defense against this: they have no money.

Then the courts will take away their girlfriends. Oh wait

Not serious journalism or research

[Anonymous Coward]

I doubt if anyone takes these people seriously.
If anyone does, well, they're just not too bright to start with.

Biased, with a point

[nurb432]

While they may be biased, and slant their findings, the concept of 'a problem' is valid.

Even if nothing ever comes to light from IP/patent problems, it can ( and is ) keeping some companies away from adoption of anything open source out of fear of lawsuits.

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

Re:Biased, with a point

[Anonymous Coward]

> it can ( and is ) keeping some companies away from adoption of anything open source out of fear of lawsuits.

And while they're doing that, they're losing $$$ to the companies that DO leverage FS/OSS to do it better, cheaper.

The "Boo-hoo -- don't use FS/OSS!" is going to fly about as well as "Boo-hoo -- don't buy foreign cars!"

Re:Biased, with a point

[Vellmont]

True, but IP/patent problems are a concern with ALL software, not just open source. 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. Patents are just ammunition to attack or defend yourself against other companies. All the Open Source community needs is its own patent ammunition to protect itself.

Even MS had some issues with developers using non-licensed tools to create.. sound files I think it was. We only find out the issues that go public. How many IP/patent issues do we never hear about because of the closed nature of closed-source software and private companies?

Pure ADTI bias aside, I think this is the most dishonest thing about this article. Open Source will likely have to solve the problems differently than private companies, but the issues aren't a whole lot different.

Re:Typo #2

[Gnavpot]

Linus Torvald..

Linus Torvalds

Oh my gosh!

[Noryungi]

You mean... You mean... Microsoft has not realized yet that FUD does not work against Open Source? Wow. I am shocked, shocked!

Let's see what happened in the last few days:

• Another Microsoft-sponsored study proved that Linux is less secure than Windows.
• Another rant by the what's-his-name Institute of Lies, Damn lies, and Distortion proved that Linux is a legal time bomb ticking away.

What's next? SCO will publish another inane series of press releases on its latest strategic re-deployment?

It's FUD, people. Nothing new here. Move along. Film at 11, and could the last person out of the building please shut down the lights? Thanks.

Sheeesh. They should have figured it out by now. What do they teach MBAs these days anyway?

Seriously, though, this is another attempt by a really worried company to smear the competition. A clue for Microsoft: it did not work for IBM. It won't work for you.

Liars can still tell the truth.

[Tiger4]

Unfortunately there is a point here. The non-traceability of the Open Source process leaves any given product open to contamination from copyrighted/patented IP. Most projects don't have tight checking of who did what, and they definitely don't know where the contributor got the input. That is an invitation for trouble. Worse, a project could have an "IP bomb" placed inside it by an agent of a less than scrupulous SCO, er... proprietary company that wants to stir up trouble later.

On the good side, it is a problem that is easily fixed. Traceability of the code base back to the contributor can be implemented, but it means some sort of centralized repository AND use of good tracking tools. IMO, no major distribution, and definitely no kernel, should leave the foundry without knowing who touched it.

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.

Why feed the troll?

[orin]

Posting this on Slashdot is just feeding the ADTI troll. Effective advocacy isn't about dealing with every troll lobbed your way. If these guys really had a legal time bomb they'd use it as a basis litigate. It isn't as though people today ever really show restraint when they think they have a cause (however dodgy) that will stand up in court.

Re:They don't just lie about Linux.

[Anonymous Coward]

Why play their game? Closed source by it's nature is competitive. Why does everyone feel a burning need to prove that linux is superior. Don't play these games.

Lets not fight, use and develop linux, and leave the fools to use inferior closed source products.

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