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Can You Be Denied the Right To Support OSS?

jerico.dev writes "I am currently selecting a CM tool for a project. Important condition: the software must be OSI compliant. I considered Alfresco, since they call themselves 'open source.' Then I heard from several of Alfresco's partners that they are not allowed to do projects based on Alfresco's GPL edition because their partnership contract denied them the right to do so. They only can support Alfresco's enterprise edition. But Alfresco's VP of business development Matt Asay told me that their enterprise edition is not OSI compliant. Does anyone in the Slashdot crowd have experience with partner contracts of other OSS vendors? Is it normal that Sun, Red Hat, etc. force their partners to decline projects based on their open source editions? It's probably legal to do so, but do you think it is legitimate and fair?"

5 of 212 comments (clear)

  1. Open Road by Enderandrew · · Score: 4, Interesting

    Wow. This is coming from Matt Asay ( http://news.cnet.com/openroad/ ) who writes the OSS blog for Cnet, routinely blasting people for not being open enough, and routinely praising Alfresco for their OSS efforts.

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
  2. I was denied from even using OSS by Anonymous Coward · · Score: 4, Interesting

    I was at a studio on a support call. Had to work on a Blue-Red stereo image, so I started using GIMP functions to edit the layers when their attorney came out of his office and said I could only use such-and-such studio-licensed custom program or risk contanimating their intellectual property. Apparently they had software made specifically for them to use, from a small PC-repai expert out of his southern CA office. Needless to say, it couldn't accomplish what the GIMP could do, yet wouldn't let me explain. They cut me a check and kicked me out within 30 minutes despite assuring them that GPL licensing doesn't extend to their content and property. They looked at me like I was a liar the whole time. Meanwhile, I think I should just go back to my old gig. Anyone have any similar anti-OSS establishments railroad you like a municipal court?

    1. Re:I was denied from even using OSS by Anonymous Coward · · Score: 5, Interesting

      "railroad you like a municipal court?" Heh. I like that. Very astute!

      But yes, I recently lost a job due to OSS. I feel sad that I'm happy about losing that job. (Surely the Germans must have a word for that.)

      Anyways, this was a new job. These folks talked a good game. They knew all the right things to say during the interviews. It sounded promising...

      They hired me to develop C++ applications under Linux. I showed up for work only to discover I'd be restricted to using Outlook/IE. Installing, let alone using, Firefox was forbidden. I asked the obvious question. (How to use Outlook/IE under Linux?) Turns out their programmers get a Windows box on their desktop with Hummingbird X-Windows software installed, and need to share a common Linux machine with other developers. We were cautioned against using too many resources on that machine, because after all it is SHARED...

      Moving on to the NDA. It's a little overly broad, perhaps unintentionally giving them rights to whatever I develop during my off-hours. Without compensation, of course. I dabble in open-source, so this is a small matter of concern. I tried to negotiate more reasonable terms. (I'm happy to give them rights to anything they pay for.) They seemed to feel that, since they use [purchase] open-source software, my developing open-source software in my off-hours constituted a conflict of interest and promptly rescinded their offer of employment.

      I'm a lucky man. Somebody up above was watching out for me that day!

      I've since learned that they're on a death-march. I'm now hearing rumors that their coding standards, which I did not get to see, prohibit casting between base and derived classes, amongst other atrocities. But thankfully I can't confirm that.

  3. Sure by Greyfox · · Score: 4, Interesting
    Go to work developing a C++ compiler for a big company and then ask the lawyers if you can also work on GCC in your spare time. You'll get a very emphatic "no!" IP law is fiddly and they don't want to risk cross-contamination either way. Even if you play it on the level, questions can be raised -- witness the SCO case. Perfect example.

    In addition to that you can always sign your rights away in a contract. If you sign an agreement that you won't compete with a company's commercial product, expect to get sued if you work on an open source project that competes with theirs and they find out about it.

    I should point out at this point that I am not a lawyer, but I have had this discussion with a number of them.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  4. what they do depends on their philosophy by wikinerd · · Score: 4, Interesting

    Restrictive contracts and policies are examples of a masculine philosophy that many business leaders erroneourly believe in, the idea that business is a kind of war. Essentially what a company does depends on the philosophy of its leaders, but if the philosophy is wrong then their actions will come to bite them in the end. You can only succeed in business, and life in general, if you have a philosophy which is right. But what's wrong with the philosophy that business is war?

    Business is what a person wants it to be, and what they want it to be depends on their personality, which is in turn dependent on their DNA and their life experiences. If they are high on the social dominance orientation then business, for them, is war. If they are low on the social dominance orientation then business, for them, is cooperation or servicing the free market. But whatever they think about business, this does not affect what business actually is. Business is business. Whether people frame it as war or cooperation depends on a person's personality.

    A person who is high on the social dominance orientation metric is likely to see business as war, and will seek to use any available means to achieve their purposes. They may believe that the economy is a zero-sum game (ie that no new wealth can ever be created), therefore they will seek to exclude others from gaining any advantage over them. Such people are also likely to be high on Machiavelian intelligence (and mayble also in selfishness and greed). They think that rugged individualism is a better strategy because they perceive the economy as a zero-sum game in which only the most competitive individuals survive.

    A person who is low on the social dominance orientation metric is likely to see business as cooperation or collaboration, and will only use means that are acceptable by the business and greater social community. They may believe that the economy is not a zero-sum game (ie that new wealth can be created at any time), therefore they will seek to cooperate with others in a collaborative effort to produce more new wealth by joining forces together. Such people are also likely to be high in agreeableness (and mayble also in empathy and altruism). They think that a communitarian spirit is a better strategy because they perceive the economy as a non-zero-sum game in which only the most creative individuals survive (and, as free and open-source software demonstrates, creativity and wealth-creation is much more easier when people collaborate together).

    Thus, what business is, to a person, depends on who a person is, but they should not let their own (mis-)conceptions draw them into making claims about what business is in reality, because this is the line of thinking that destroys science and reason, and the first step in science is to not let one's intellect affect their image about the reality (albeit there are, of course, philosophical objections to the feasibility of this endeavour). Just as a colour is not a colour unless perceived by an eye, but different eyes may perceive the same natural phenomenon as a different colour (eg under conditions as colour blindness), business cannot be something other than business unless people perceive it as such, but what people perceive depends on who they are and how they contextualise and frame the reality.

    If you ask me, I have never perceived economy as a zero-sum game, and thus I have never seen business as war. What I see, however, is lots of people who have the wrong ideas about the economy and business and try to make war against other people, including against people who have the correct ideas, and in the process they drive into their war people who never had any intention to participate in their war. It is for this purpose that everyone, no matter how they see business, should be ready to defend themselves during an attack (ie walk calmly while carrying a big stick, doing your own thing and never attacking anyone, but be ready to effectively defend yourself when attacked). But other than that