Free for All by Peter Wayner (great books to read .txt) 📖
- Author: Peter Wayner
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The world of patents can still constrain the world of free software. Many companies work hard on developing new technology and then rely upon patents to guarantee them a return on investment. These companies have trouble working well with the free software movement because there's no revenue stream to use. A company like Adobe can integrate some neat new streaming technology or compression algorithm and add the cost of a patent license to the price of the product. A free software tool can't.
This does not preclude the free software world from using some ideas or software. There's no reason why Linux can't run proprietary application software that costs money. Perhaps people will sell licenses for some distributions and patches. Still, the users must shift mental gears when they encounter these packages.
There are no easy solutions to patent problems. The best news is that proprietary, patented technology rarely comes to dominate the marketplace. There are often ways to work around solutions, and other engineers are great at finding them. Sure, there will be the occasional brilliant lightbulb, transistor, radio, or other solution that is protected by a broad patent, but these will be relatively rare.
There are a few things that the open source community can do to protect themselves against patents. Right now, many of the efforts at developing open source solutions come after technology emerges. For instance, developing drivers for DVD disks is one of the current challenges at the time that I'm writing this chapter even though the technology has been shipping with many midpriced computers for about a year.
There is no reason why some ivory-tower, blue-sky research can't take place in a patent-free world of open source. Many companies already allow their researchers to attend conferences and present papers on their open work and classify this as "precompetitive" research. Standards like JPEG or MPEG emerge from committees that pledge not to patent their work. There is no reason why these loose research groups can't be organized around a quasi-BSD or GNU license that forces development to be kept in the open.
These research groups will probably be poorly funded but much more agile than the corporate teams or even the academic teams. They might be organized around a public newsgroup or mailing list that is organized for the purpose of publicly disclosing ideas. Once they're officially disclosed, no patents can be issued on them. Many companies like IBM and Xerox publish paper journals for defensive purposes.
Still, the debate about patents will be one that will confound the entire software industry for some time. Many for-profit, proprietary firms are thrown for a loop by some of the patents granted to their competitors. The open source world will have plenty of allies who want to remake the system.
The patents are probably the most potent legal tool that proprietary software companies can use to threaten the open source world. There is no doubt that the companies will use it to fend off low-rent competition.
One of the biggest challenges for the free software community will be developing the leadership to undertake these battles. It is one thing to mess around in a garage with your buddies and hang out in some virtual he-man/Microsoft-haters clubhouse cooking up neat code. It's a very different challenge to actually achieve the world domination that the Linux world muses about. When I started writing the book, I thought that an anthem for the free software movement might be Spinal Tap's "Flower People." Now I think it's going to be Buffalo Springfield's "For What It's Worth," which warns, "There's something happening here / What it is ain't exactly clear."
Tim O'Reilly emphasizes this point. When asked about some of the legal battles, he said, "There's definitely going to be a war over this stuff. When I look back at previous revolutions, I realize how violent they became. They threatened to burn Galileo at the stake. They said 'Take it back,' and he backed down. But it didn't make any difference in the end. But just because there's a backlash doesn't mean that open source won't win in the long run."
Companies like Microsoft don't let markets and turf just slip away. They have a large budget for marketing their software. They know how to generate positive press and plenty of fear in the hearts of managers who must make decisions. They understand the value of intellectual property, and they aren't afraid of dispatching teams of lawyers to ensure that their markets remain defended.
The open source community, however, is not without a wide variety of strengths, although it may not be aware of them. In fact, this diffuse power and lack of self-awareness and organization is one of its greatest strengths. There is no powerful leadership telling the open source community "Thou shalt adopt these libraries and write to this API." The people in the trenches are testing code, proposing solutions, and getting their hands dirty while making decisions. The realm is not a juggernaut, a bandwagon, a dreadnought, or an unstoppable freight train roaring down the track. It's creeping kudzu, an algae bloom, a teenage fad, and a rising tide mixed together.
The strength of the free price shouldn't be underestimated. While the cost isn't really nothing after you add up the price of paying Red Hat, Slackware, SuSE, Debian, or someone else to provide support, it's still much cheaper than the proprietary solutions on the market. Price isn't the only thing on people's minds, but it will always be an important one.
In the end, though, I think the free software world will flourish because of the ideals it embraces. The principles of open debate, broad circulation, easy access, and complete disclosure are like catnip to kids who crackle with intelligence. Why would anyone want to work in a corporate cubicle with a Dilbert boss when you can spend all night hacking on the coolest tools? Why would you want to join some endless corporate hierarchy when you can dive in and be judged on the value of your code? For these reasons, the free software world can always count on recruiting the best and the brightest.
This process will continue because the Dilbert-grade bosses aren't so dumb. I know more than a few engineers and early employees at startup firms who received very small stock allowances at IPO time. One had written three of the six systems that were crucial to the company's success on the web. Yet he got less than 1 percent of the shares allocated to the new CEO who had just joined the company. The greed of the non-programming money changers who plumb the venture capital waters will continue to poison the experience of the programmers and drive many to the world of free software. If they're not going to get anything, they might as well keep access to the code they write.
The open source ideals are also strangely empowering because they force everyone to give up their will to power and control. Even if Richard Stallman, Linus Torvalds, Eric Raymond, and everyone else in the free software world decides that you're a scumbag who should be exiled to Siberia, they can't take away the code from you. That freedom is a very powerful drug.
The free software movement is rediscovering the same notions that drove the American colonists to rebel against the forces of English oppression. The same words that flowed through the pens of Thomas Paine, Thomas Jefferson, and Benjamin Franklin are just as important today. The free software movement certifies that we are all created equal, with the same rights to life, liberty, and the pursuit of bug-free code. This great nation took many years to evolve and took many bad detours along the way, but in the end, the United States tends to do the right thing.
The free software movement has many flaws, blemishes, and weaknesses, but I believe that it will also flourish over the years. It will take wrong turns and encounter great obstacles, but in the end the devotion to liberty, fraternity, and equality will lead it to make the right decisions and will outstrip all of its proprietary competitors.
In the end, the lure of the complete freedom to change, revise, extend, and improve the source code of a project is a powerful drug that creative people can't resist. Shrink-wrapped software's ease-of-use and prepackaged convenience are quite valuable for many people, but its world is static and slow.
In the end, the power to write code and change it without hiring a team of lawyers to parse agreements between companies ensures that the free software world will gradually win. Corporate organization provides money and stability, but in technology the race is usually won by the swiftest.
In the end, free software creates wealth, not cash, and wealth is much better than cash. You can't eat currency and you can't build a car with gold. Free software does things and accomplishes tasks without crashing into the blue screen of death. It empowers people. People who create it and share it are building real infrastructure that everyone can use. The corporations can try to control it with intellectual property laws. They can buy people, hornswoggle judges, and co-opt politicians, but they can't offer more than money.
In the end, information wants to be free. Corporations want to believe that software is a manufactured good like a car or a toaster. They want to pretend it is something that can be consumed only once. In reality, it is much closer to a joke, an idea, or gossip. Who's managed to control those?
For all of these reasons, this grand free-for-all, this great swapfest of software, this wonderful nonstop slumber party of cooperative knowledge creation, this incredible science project on steroids will grow in strange leaps and unexpected bounds until it swallows the world. There will be battles, there will be armies, there will be spies, there will be snakes, there will be court cases, there will be laws, there will be martyrs, there will be heroes, and there will be traitors. But in the end, information just wants to be free. That's what we love about it.
GLOSSARYApache License A close cousin of the BSD License. The software comes with few restrictions, and none prevent you from taking a copy of Apache, modifying it, and selling binary versions. The only restriction is that you can't call it Apache. For instance, C2Net markets a derivative of Apache known as Stronghold.
AppleScript A text language that can be used to control the visual interface of the Macintosh. It essentially says things like "Open that folder and double click on Adobe Photoshop to start it up. Then open the file named 'Pete's Dog's Picture.'" architecture Computer scientists use the word "architecture" to describe the high-level, strategic planning of a system. A computer architect may decide, for instance, that a new system should come with three multiplier circuits but not four after analyzing the sequence of arithmetic operations that a computer will likely be called upon to execute. If there are often three multiplications that could be done concurrently, then installing three multiplier circuits would increase efficiency. Adding a fourth, however, would be a waste of effort if there were few occasions to use it. In most cases, the term "computer architect" applies only to hardware engineers. All sufficiently complicated software projects, however, have an architect who makes the initial design decisions.
Artistic License A license created to protect the original PERL language. Some users dislike the license because it is too complex and filled with loopholes. Bruce Perens writes, "The Artistic License requires you to make modifications free, but then gives you a loophole (in Section 7) that allows you to take modifications private or even place parts of the Artistic-licensed program in the public domain!"
BeOS An operating system created by the Be, a company
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