Microsoft Redefines "Open Standards"
Glyn Moody writes "Microsoft is at it again: trying to redefine what 'open' means. This time it wants open standards to be 'balanced' — for them to include patent-encumbered technologies under RAND (reasonable and non-discriminatory) terms. Which just happens to be incompatible with free software licensed under the GNU GPL."
*sigh*
thunk.
Hate to break it to you, but the GPL is not the be-all end-all of openness, and the benchmark of "open" is not necessarily "compatible with the GPL".
And being incompatible with the GPL doesn't mean something isn't open.
They'll never miss a chance to try and bend you over the dining room table.
"The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
The GPL promotes one type of "open" source model.
Open source only means that the source is available to the users of the product.
I'd like to redefine the OS. I'll call it... Linux.
kill all niggers
From the gpl-isn't-really-open-either-ya-know dept.
What is up with that? The majority of people that go around saying this about the GPL complain that you can't include the GPL in proprietary software or other unfortunate obscure issues. The GPL is designed to keep software licensed under it Free (or open if you prefer). Sure sometimes that causes unfortunate problems with other Free Software licenses, but while there are those that would like to take away the freedom that users and developers get with the GPL, it's a cost I'm happy with.
You guys would bitch if MS was giving out free blowjobs. Seriously, cut them some slack. They're making an effort here.
How is this surprising? TFA explains it best:
The idea behind truly open standards is to create a level playing field so that everyone can compete on an equal and fair basis. The benefits are obvious: it ensures a true Darwinian selection process is possible
Microsoft, just like tha *AAs, find themselves in the same position as the dinosaurs after the comet strike winter: their surroundings (markets) are changing and they are unable to adapt. So they try to adapt their environment to themselves. In the case of companies, this is done by "educating" (think "don't copy that floppy"), threatening and cajoling their customers. But in the end, they'll meet the same fate as the dinos.
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
Corporate entities are not at all alike Human entities, and therefore its very likely that the definitions of "reasonable" that are used by both are quite incompatible.
Giving MS track-record that chance is probably near a 100% ...
I will be the first one to defend MS and their right to make money on the product they work so hard on. It is also true that the GPL is not the only licence you will ever need. But I really can only think of one thing that open can mean, if MS wants to do open source I welcome it but if want to move into the neighborhood and ask that the rules change because they are here now, I find that just plain silly.
It reminds me of the vacationers that have a summer house on the lake and can't figure out why the laws are not the same here as they are in the big city. If you want to move in please do but don't ask us to change to meet just because you are here now.
Microsoft reminds me of the RIAA here, whining about the need to prop up their business model. Their license to print money is in danger, as the online world is moving on.
Does this have anything to do with losing the ability to get government contracts because of FOSS requirements? Remember the stink ?last year? when M$ got their proprietary document format declared a standard so they could bid on contracts that required open document standards? They must have another contract coming up for renewal.
Sometime back in the late '80s, Digital Review (or a similar industry newletter) ran an article in which Bill Gates was quoted as saying something to the effect that Microsoft's operating system was an "open system" because you could buy a computer from a large number of vendors that it would run on. (So long as you were talking about computers based on Intel chips, I suppose he could could sort of get away with saying that, as self-serving as it was.) Claiming that whatever that Microsoft does is in any way "open" is sort of old hat with those guys.
CUR ALLOC 20195.....5804M
Someone ask these idiots when you are willing to allow the usage without royalty why on this earth you want a patent on it ? Why cant we modify the law to ensure that any patented technology can be used without royalty when it becomes part of an open standard ? Infact the US patent law allows government to use any technology without paying patent fees to anyone, so why cant the same be applied to open standards which are going to be useful for a wider number of humans on this earth ? This seems to be the Exterminate phase of standard microsoft policy of 'Embrace extend exterminate'.
The GPL isn't "open" and never claimed to be.
This is the company that basically redefined an "operating system" to no longer just mean the basic power plant that manages the computer's operations...the "operating system" now takes care of antivirus/firewall, digital media, as well as internet browsing and more.
Almost like the MCP in Tron - may Ram R.I.P. (Rest in Pixels)
1331461 is only semiprime *sigh* Alas - I am just short of 1337.
The GPL promotes one type of "open" source model.
Exactly. I love the idea of GPL and am glad it exists. I use GPL software whenever possible. This post however, is not about the merits of GPL, but to drive home this point: it's difficult (not impossible, but difficult) to make a living by relying on GPL software. Finding a "balance" between the GPL model and complete closure is something worth pursuing. It's not like GPL couldn't still be used by those who wanted to use it.
The GPL is simply not for every developer. It does not allow for trade sectrets, and trade secrets are legally protected for a legitimate reason: the opportunity to be rewarded for innovation. Without it, there would be *less* incentive to invent and innovate.
Clearly, some are willing to invent and develop technology without this protection, but many such as Microsoft, Adobe, Oracle, the average person with a Computer Science degree, will demand some of this protection when they really want to earn a living from their software.
As someone who's worked for software companies, it's hard to imagine those companies GPLing their products, and easy to imagine the company losing half its profits or going under altogether if any company with an IT department could legally recompile the source code and use the software without payment.
After all, companies do have the right to act in their own self-interest, even if you feel they are misguided.
The Institute of Incomplete Research has determined that 9 of out 10
It's true that "GPL" is not the same as "open". But a good test for openness of a standard is "can you implement it using the GPL?". In short, if a standard CANNOT be implemented by GPL'ed software, then it CANNOT be an open standard. Why? That's because the GPL is by far the most popular open source software license; nothing else even comes close. And increasingly, major market niches have an open source software implementation as the #1 or #2 implementation. A standard that locks out major implementations cannot possibly be an open standard. The whole point of a software patent is the power to exclude implementation (without paying royalties, etc.), while the whole point of a standard is to allow arbitrary use - they are fundamentally incompatible. Digistan has a more reasonable definition of open standard - and why you would want one.
- David A. Wheeler (see my Secure Programming HOWTO)
"The nice thing about standards is that there are so many of them to choose from." -Andrew S. Tanenbaum (author of Minix)
Honestly, how did this make it to the front page of Slashdot? GPL sucks anyway, who cares if it's incompatible? To anyone considering developing a project under the GPL license ... don't. Opt instead of a license that allows you to retain some of your rights. You can always give away the source to your product for free later if you choose a better license. The GPL userbase is just as rabid, vicious and power hungery as Microsoft's IP lawyers. You would be wise to avoid both entirely if at all possible.
In other words they just wanna, "stick it in, but only a little bit".
Seems "reasonable and non-discriminatory" to me.
--Lee Daniel Crocker : http://www.etceterology.com My life is in the public domain.
Open standards and open source are two completely different things and always has been.
Open Source means allowing people to see how programs work and be free to change them as they see fit and promote sharing and interoperability.
Open Standards means allowing software companies to ignore standards and change them as they see fit in order to generate greater lock-in (under the guise of competitiveness). See also: MS Visual Java.
Terrorists can attack freedom, but only Congress can destroy it.
If the patent can be freely coded into a BSD license and can be operated FULLY under the BSD license, that is open.
Remember: BSD code can be included in GPL code and if you cannot implement in BSD and operate under the BSD which allows the code to be used for ANY purpose (even closing the source), then it isn't BSD compatible either.
You can still make your product. Just don't sell or give it to someone else unless.
Or you can buy a license (same way you get to include Microsoft code in your application: try skipping on paying a license and sell your code with their code in it that needs a license...).
Some GPL software is patent encumbered. IBM, for example, donated some of their patents for Open Source projects.
So it's patented, but probably unencumbered, then.
Hint: "encumbered" means restricted or blocked or limited. If the patent license is consistent with the FOSS license requirements (for example the GPL requires no restrictions on right to distribute modified versions, etc.), then the fact that some part of it is patented does not mean it's encumbered from the FOSS point of view.
Proprietary software is usually copyright-encumbered - your license may not allow copying it, and may not even give access to the source code. Many FOSS licenses also make restrictions - when you modify, you may not remove the names of previous contributors, for instance. Does this mean we should refer to BSD or GPL code as being "copyright-encumbered"?
Those who can make you believe absurdities can make you commit atrocities. - Voltaire
Microsoft is self-destructive.
Well yeah it's the same EEE philosophy they've followed over th last twenty years. Why abandon the philosophy when it works do brilliantly for them?
- EMBRACE the concept of open standards (previous phase).
- EXTEND these standards with Microsoft proprietary formats (the current ongoing phase).
- EXTINGUISH future competitors by claiming they violate these proprietary formats and may not use them, which means customers must buy Microsoft software to gain full functionality. Thus a once-open standards model becomes a closed MS-proprietary format. Again.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
Open systems: systems based on unencumbered specifications for interfaces and protocols, usually with multiple interoperating implementations.
Closed systems: systems that are restricted in who can interoperate with and implement them, for example they may require commercial licensing.
Standards: Specifications for interfaces and protocols.
Open source systems: systems for which a freely redistributable implementation exists.
Not all systems fall clearly into the "open" or "closed" camp... these are really extremes along a continuum.
An open source system is usually not a closed system, but it may be if it is encumbered by patents or licensing that limits its use. An open source system may or may not be an open system... for example, a system with a single implementation where the specification for the interfaces and protocols is defined by that implementation should probably not be considered an open system, even if it's open source.
Open standards: I would assume this means standards that are unencumbered by licensing issues, anyone can implement them. Standards by definition are "open" to some degree simply by being standards, so qualifying the term with "open" means you're making a stronger statement than just "it's a standard".
You seem don't really understand that paten issues only covered by GPL v3 and above. Using v2 and below does not make you patent-problem- free.
You got it in the dining room. When they caught up to me, I was hunting alligators. They threw me over a broken off cypress stump, in the mud!!
How about we define "reasonable and non-discriminatory" so it's compatible with the major FOSS licenses? I mean, as long as definitions are on the table for re-defining....
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
That was awesome.
How conveeeeeenient.
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
Microsoft is probably just following the example of FoxNews, which of course is "Fair and Balanced." Says so right in the credits (and on the website and every couple minutes throughout the broadcast, so you just know it has to be true).
The GPL license shields the freedom of the end user from everyone, developpers of other open source and not-so-free licenses projects included. That's the point of its very existence.
You may want to or need to use another "free" license, but doing so always entail at some point that the end-user freedom can and will be reduced. This is not OK with the GPL, hence the strong stance on this point.
And, yes, IAL, and I read the GPL from top to bottom, every version of it.
After reading your post, I have a serious need to go take a (another) shower.
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
"The idea behind truly open standards"
They are talking about open standards. You all are talking about open source.
Different things.
Carry on.
deleting the extra space after periods so i can stay relevant, yeah.
Mod parent UP. Sometimes it is difficult to know why Microsoft engages in a particular evil.
Imagine if the GPL zealots behind Firefox's development were less hostile to 'patent-encumbered' technology. H.264 would have been standardized as the HTML 5 codec years ago; instead, they're attempting to push some inferior (but 'open') codec through, despite the lack of hardware support, or a thorough patent review, or basically anything else that the real corporations that would implement HTML 5 support would need.
OMG, what a sad joke it was !
the DEC Alpha was the absolute epitome of 64 bits processing in its times, a fabulous cpu running loops around what intel had to offer, and head and shoulders above the competition from Sun and IBM. The Alpha was emulating a top of the line Ppro faster than the ppro could run natively. And those retards at MSFT just ported a 32 bits NT to it, and moreover were unable to provide native software for it (MS Office can't run on the Alpha).
Allegedly, the bulk of the work on the 64 bit version of NT (call it 2K_64, XP_64 or whatever, it's never been released) was conducted on Alpha hardware for the lack of competent Itanium platforms at the time.
In short, MS benefited from the Alpha while doing their very best to kill the product, by not delivering the promised goods for it. They created high public expectations and their shoddy behaviours finally put DEC in a bad light.
It makes me sick to read such statements. I still run a PWS under Linux for the good old days memories, and the only comforting thoughts I have are that AMD managed to build upon DEC expertise to create the Athlon 64 after DEC had been swallowed by Compaq and their R&D disbanded.
Free, DRM laden, pic of Goatse w/ every new Microsoft purchase. Incidentally, they just did a stealth update of IE on my system to IE8, kinda silly, really, since I use Firefox instead. What I was surprised by was that the update zorched my firefox bookmarks. Had to rebuild ALL of 'em. Quite annoying....
mean that there's no need to go to the MPEG LA and get a license to implement their codec?
Are you willing to back that up with a personal guarantee?
"The end user becomes more free by having to pay someone to write a reimplementation of a CDDL algorithm to use with some GPL'd code?"
No, because someone else didn't care about the users freedom so they used CDDL to license it doesn't mean the GPL isn't making code free to endusers.
"Really? The AGPL, for example, is incompatible with GPLv2 because it guarantees that users of the software have access to the source code."
Yes. Really. Since the Affero GPL isn't GPL2 doesn't affect how free A GPL is.
"The ASL is incompatible with the GPLv2 because it grants the end user greater protection against software patent abuse"
Which abuse would kill the freedom of the enduser. Hence making sure the enduser is free if you use AGPL.
"the anti-Tivoisation provisions, which guarantee the end users's right to run modified versions of the software on their hardware, count as extra restrictions."
Which again would make the enduser non free.
If you wanted to demonstrate how non free GPL is, you've failed miserably. All you've done is that when new ways of making code non-free that doesn't use copyright (which was all that was available to source code when GPL2 was written), a new GPL is made to ensure those freedoms remain for the enduser.
Whoo.
Microsoft wants to call black white, while also calling it black and gray. What kind of arrogance makes them think that they can define all terms and create all definitions, and not have people question them?
Not only that, but it's hilarious how Slashdot doesn't care about violating copyrights in piracy articles, but suddenly is all for copyright enforcement in GPL violation articles. The GPL is a copyright license, and you can't have it both ways. Every time Slashdot posts one of these stories, buried between anti-RIAA and pro-PirateBay propaganda, I have to crack a smile.
Is there no more substantial documentation than the links in the blurb about this? The links point to some blog posts and a few Wikipedia entries. Not very reliable if you ask me. I want a quote from MS themselves so I know what we are talking about here!
-- Cheers!
I like how the article casually cites the GPLv3 as if any monetized project would ever touch it, or at the very most single-license code under it...
I hate to break it to you clowns, but nobody really cares what the GPLv3 says because it's a political missile, not a useful contribution to the world of software licensing. You really need to keep the discourse at the relevant license, which is the GPLv2. When companies support the GPLv3, it's just a token. It's almost always dual licensed to protect the companies who actually have to make money and support products built on the technology.
Besides this, it sounds to me like Microsoft is Re-re-defining open standards. Does anyone remember what "Open" meant in the days of Unix yore? CDE is "open." ;)
I don't know when GNU or the FSF or one of their apes decided that they held the official definition of open specifications, because they have been around for quite a while, longer than the software industry.
I like to think that the dinosaurs did have corporate lawyers. When the earth started freezing over, they got eaten first.
It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
Since GPL is a RAND license, I would love to here Mr. Moody's theory as to how RAND is incompatible with free software.
Debate the article's position and take off your tinfoil hat regarding Microsoft's intentions. While many readers, myself included, do not trust Microsoft's intentions, I would rather argue the points raised in the article.
Did you even RTFA?
The main point the man made was simple. Contributions to a standard may be patent protected, but not within the scope of the standard. Companies and individuals would be able to use the standard and the patented items therein as long as they are using the patented items within the scope of the standard.
Read his analogy about the hypothetical patented aphrodesiac that was a good fit for a particular standard.
While I doubt that he is entirely forthcoming about Microsoft's intentions, he makes a good point.
A screen door is more open than a wooden one but you shouldn't try to walk through it.
While in principle, I agree, it's unclear what level of "free" involvement one expects from a standards organization.
"Pay to play" standards organizations have for long been the norm - including the W3C. The IETF, while not pay-to-play, is certainly funded by large organizations.
So, in their cases, while you don't need to pay to implement the standard, you do need to contribute to the standards organization costs (not trivial) to participate in forming the standard.
In short, organizing teams of people costs money, and someone has to foot the bill. That's either a background benefactor, or its a published process for participants.
-Stu
"It depends on what the meaning of the word 'is' is."
XKCD:Xeric Knowledge Comically Dispen
ISO (among other organizations) creates international standards, but not all standards are open. If you're adding the adjective "open" to the noun "standard", then presumably the adjective modifies the noun in some way. Yes, we then get to argue about what the term "open" means when attached to the term "standard", but clearly it can't just mean "it's a standard", or we wouldn't add the adjective.
If implementers have to make royalty payments, then that excludes many possible suppliers, and thus such a standard cannot possibly be open. That isn't just my idea; the EU, for example, agrees. In "European Interoperability Framework for pan-European eGovernment Services" (Version 1.0, 2004, page 9), the IDABC division of European Union adopted a definition that said that to be an open standard "The intellectual property - i.e. patents possibly present - of (parts of) the standard is made irrevocably available on a royalty-free basis." The South Africa definition already requires royalty-freeness as well. My paper Is OpenDocument an Open Standard? Yes! analyzes one standard (OpenDocument) to determine if it's an open standard, by using several definitions of open standard. Two of the three most popular definitions of "open standard" of the time, as determined by Google, required royalty-freeness as a necessary condition (Perens' and the EC's). Since Google's pagerank algorithm prefers pages that more people link to, it's reasonable to believe that most people, when they say "open standard", include "royalty-free" as part of their definition. In the case of Europe and South Africa (at least), that definition even has official sanction.
If "most people" use a term in a particular way - especially when that use is formally approved of by many governments - then that's what the term normally means. After all, that's how language works in general; the mapping of sounds to meanings is arbitrary, but we have to agree on the mapping to communicate in a particular language. It's understandable why some companies would like to redefine this term, or at least confuse its meaning. But we don't need to agree with them.
- David A. Wheeler (see my Secure Programming HOWTO)
Here's what the Microsoft guy actually said in his blog post:
I have no problem with the concept of royalty-free patent licensing. In fact, nor does my employer (MS). I favor the idea the the organizations themselves, and their members, have the ability to choose which model makes sense. I think that things like defensive suspension are really important. Those terms have a dampening effect on litigation in a given sphere â" that is a good thing. I think that limitation of scope is reasonable. If my contribution is about a given protocol, but it turns out that same technology is also the worldâ(TM)s greatest aphrodisiac (going for the over-the-top example here to make a point), then my royalty-free contribution should reasonably be limited to the protocol. I may well want to keep the super love-stuff (sorry â" this is a really tortured analogy) to myself, or release it as a completely proprietary invention. I fundamentally still believe that innovations are opportunitiesâ¦and that is a good thing (for the inventor and for society). But the âoeno IP restrictionsâ concept of âoeopen standardsâ does away with too much. Out of balance
That's what is meant by balance there.
people focus, how do we stop this disinformation campaign?
But... the future refused to change.
... small think....
They should give it their own name. I prefer Micro Open. That way they can sue people that use names like Pico Open, Barely Open, and Totally not hardly even close to Open.
Having to work for a living is the root of all evil.
In the early 1990's, Bill Gates came to MIT. He gave a small talk. Since M$ was then notably misimplementing internet protocols, he was asked Microsoft's position on "open standards". He paused, got a goofy, aren't-I-clever smile on his face, and replied, "Well, it depends what you mean by ooopennnn". And then stood there grinning at us.
.
At least Balmer is more straightforward in his indifference to the general welfare. He wants to "F*ing kill" things.
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Some companies pride themselves on considering what is good for their profession, industry, society, country, or world, even when making competitive decisions. I don't recall anyone ever suggesting Microsoft is one of them. At least not at the top.
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"Fucking Eric Schmidt is a fucking pussy. I'm going to fucking bury that guy, I have done it before, and I will do it again. I'm going to fucking kill Google." Balmer is reported as saying by Lucovsky. The thought that the world might be a better place with Google in it, apparently never arises.
.
Not with Google, or ODF, or an uninjured ISO, or linux on netbooks, or BeeOS, or a web with a decade of fast cross-browser Javascript, or simply the dominant company in our industry being seen to respect and obey the law. Like a Sony CEO believing nothing good has come from the Internet, the leadership of Microsoft has been, and remains, deeply flawed.
The meaning changes depending on who you're talking to, what they're representing and what seems to be convenient at the time.
Is it the OS? The hardware? The protocols implemented? Please.
I get this all the time in the enterprise systems space. "Industry standard servers" based on "open standards" really? Intel chips are open? Windows is open? You'll give me the source code & designs for those?
Or hey "open systems" storage. I.E. everything that's WinTel. Oh but hey UNIX is supposed to be open too, right? Oh wait, unless it's running on something other than x86 hardware, then it's the evil "proprietary."
Whatever. It's gone from being a legitimate technology premise to politics as usual. And of course Microsoft would try to spin this their way.
Words have meaning. So, nothing is "just a word". Open has the following meaning:
From dictionary.com:
It's not just a word and it DOES apply here and it does adjust what "standard" means, considerably.
I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
> 1KB has been 1024 bytes since at least the '60s.
Yes, and 1Kbit/s has always been 1000 bits/s. Nice, eh?
> By using power of ten units for prefixes and power of two units for bytes and nibbles, you make
> things needlessly complicated
Right. How much data can a CPU running at 1 GHz receive and process in 10 seconds without buffering if it requires 1 cycle per 10 bytes to do so?
Complication is in the eye of the beholder.
To me, looking at terms like "gay", or "hacker", it seems to be less complicated to adopt a change in language rather than having to convert between bases for various calculations. Especially if, in my eyes, the change settles an inconsistency in something which deserves to be standardized.
Put in a boarder context
Snow or surf?
A car analogy would work better...
[UID-HeinzIntel]
not you. neither any other 'board'.
you are trying to tap into the great dynamism that goes around the open source world, practically building the internet as of now. which involves countless developers and administrators that develop, deploy and maintain thousands of apps in countless websites and devices. yet, you come up with shit that seeks to change what ground rules those people decided on, for your own profit.
excuse me, schmucks, but wake up. we are talking about hundreds of thousands of developers around the world here, from countless countries. they are 'the people' in this case. they make up the rules. you do NOT make up any rules. you stick by the rules. or, you can fork your shitty non-gpl gpl to your ends and dabble in your corner. whatever you put out probably wont be used by anyone like the other shit you released to lock developers down to your shit before.
this is not something you can change to suit yourself. you have to change yourselves to suit it.
Read radical news here
The definition I gave is the one that has been accepted by the computing industry since around 1970. The definition you quote:
Until the 1990's, the legal status of software patents remained unsettled. Until then, an "open standard" for software was simply one that was published (as opposed to "closed standars" like Microsoft Office). When software patents became an issue, the meaning of the term "open standard" for software was up in the air for a few years, but it has been pretty much settled now: as far as software is concerned, open standards must be published and royalty free.
Organizations like the ITU historically dealt in hardware, where the issues were different, but blindly applying definitions from the hardware world to software does not make sense.
extend: redefinition or change of the present standard in an apparent move to increase its worth.
please stay tuned for extinguish, where you will find we have replaced joes GPLv3 with a warm cup of microsoft open source...lets see if he gets punished for noticing!
other developments will include a spinning Richard Stallman turbine capable of powering an entire city block.
Good people go to bed earlier.
In some cases, they patent and make the patent available to prevent others from patenting the same idea and demanding royalties from them (defensive patents). The Patent Office is so overloaded and limited in its expertise that it will often grant a patent to something that should be considered common art. Getting the patent may be expensive, but it could be better than long term royalties, or worse, your competitor gets the patent and then won't license to you.
So as anyone with thought process intact might have realized immediately - this is just a way to muddy the water for anyone who might have been paying attention to gpl. Did anyone take this at face value? Really?
I sense one.