Free & Open Source Software: Notes from a lecture

For a large period of time in computing history software was not seen as the primary component. It was all about the hardware, the machine. The code that made the machine work and useable was simply seen as part and parcel of the machine.

One reason for this may be the way in which we tended to understand software. Another reason may have been that hardware of that size and complexity was not sold, it was leased. The “buyer” therefore was paying for a solution rather than a system. This was a very lucrative way of doing business.

The early punch card system that became the solution for the US Census was the Hollerith Tabulating Machine, these were leased to the Census Bureau. Hollerith’s company would later merge with others to become IBM whose punch card tabulators were leased to governments and organizations around the world. One advantage of the leasing system is that the company could control which cards were used in the system and also charge for maintenance and training.

With digitalisation many companies made source code available and engineers could make changes to the software. Improvements could be included into the code and sold on to the next company.

In 1969, IBM began to charge separately for (mainframe) software and services, and ceased to supply source code. By withholding the source code, only the company could make changes (and presumably charge their buyers for these changes).

The ability to “own” software, or at least control it through copyright was beginning to become a discussion among programmers. For example in 1976 Dr Li-Chen Wang released Tiny Basic under a Copyleft license which included the catch phrase “All Wrongs Reserved” Copyleft_All_Wrongs_ReservedIt is fair to say that the history of free software (and copyleft) truly begins with Richard Stallman‘s attempts to create a “technical means to a social end.” The story behind the creation of free software starts with his attempts to make a printer work and the company’s (who owned the printer) refusal to give access to the necessary code. He launched the GNU Project in 1983.

Free software is all about ensuring that we have access to, and control over, the basic infrastructures of our lives. It is not about having software at no cost – it’s about ensuring that our technology works in ways that suit our lives. In order to enact this the software that is produced by teams and individuals around the world is licensed under the GPL (General Public License) summing up the license is a bit tricky but it is common to refer to the Four Freedoms, to be considered to be Free Software it must:

 

The freedom to run the program as you wish, for any purpose (freedom 0).

The freedom to study how the program works, and change it so it does your computing as you wish (freedom 1).

Access to the source code is a precondition for this. The freedom to redistribute copies so you can help your neighbor (freedom 2).

The freedom to distribute copies of your modified versions to others (freedom 3).

A precondition for these freedoms is that the code must be accessible to those who would want to read it. The importance of Free Software is much like the arguments for free speech or freedom of information. It is not that everyone wants, or has the competency, to use these rights but without them all of us are a little less informed about what is happening around us.

Once again it is important to stress Free Software is not about price. Nor is it about doing whatever you like with the code. From the Free Software Manifesto (1985)

GNU is not in the public domain. Everyone will be permitted to modify and redistribute GNU, but no distributor will be allowed to restrict its further redistribution. That is to say, proprietary modifications will not be allowed. I want to make sure that all versions of GNU remain free.

It is a gift with a very clear condition.

Free Software is sometimes confused with Open Source software. They are both similar but they have different conditions:

The term “open source” software is used by some people to mean more or less the same category as free software. It is not exactly the same class of software: they accept some licences that we consider too restrictive…

A common difference that can easily be seen in many open source licenses is the lack of the clear condition that nothing can be made into proprietary software.

Here are the slides I used.

Google patents its home page

Saw this on Slashdot

A week after new USPTO Director David Kappos pooh-poohed the idea that a lower patent allowance rate equals higher quality, Google was granted a patent on its Home Page. Subject to how the design patent is enforced, Google now owns the idea of having a giant search box in the middle of the page, with two big buttons underneath and several small links nearby. And you doubted Google’s commitment to patent reform, didn’t you?

Seriously!! A patent on a white background and two buttons? Forget that there is nothing innovative and nothing new about it, patenting a web page is counter intuitive. Just goes to show that software patents are become (have already become) a joke. Not very funny though.

Can a license be too ethical?

The Gnu General Public License (GPL) holds an amazing position as the premier free and open source software license but this position may be slipping since its move to version 3 in 2007. In an article entitled Does GPL still matter? Yahoo Tech News reports:

A June study conducted by Black Duck Software, an open source development tools vendor, shows that the Free Software Foundation‘s GPL — although far and away still the dominant open source licensing platform — could be starting to slide. The survey found that despite strong growth in GPLv3 adoption, the percentage of open source projects using GPL variants dropped from 70 to 65 percent from the previous year.

This is interesting. But the question is what does this decrease (if it should be seen as a decrease) mean? The GPL has been in controversies before during its history (Wikipedia historical background) – in fact it’s monunmental position in free and open source software is built upon its unflinching ideological stance which has often been the root of controversy.

The question is whether the GPL has gone too far and is losing its position or if this should be seen as the GPL taking a new moral stance and waiting for the rest of the world to realise the wisdom of its position?

Combining GPL and Proprietary Software

Bruce Perens has written an interesting article about combining GPL with proprietary software the main point of discussion concerns the problem of combining software under different licenses in embedded devices. The article ends with a paragraph on what not to do:

Don’t assume that you can put proprietary kernel drivers in a run-time loadable kernel module. The legality of such a practice is dubious, and there have not been sufficient cases to say reliably what would happen if you were to get sued.

Also, don’t look for, and use loopholes in the Open Source licenses. Nothing makes your company look worse than taking unfair advantage of people who provided their work to you without charge, expecting in good faith that you’d honor their license. It also tends to make Open Source folks reluctant to cooperate with your company, the next time you need help with their software. And it looks bad to judges, too.

Don’t try to do what I’ve discussed without legal counsel to advise and review your actions.

This is a particularly tricky subject and every time a writer tackles it we slowly move towards a better understanding – but there is still a long way to go. In fact that shortest answer to the problem of combining GPL & proprietary software in one device may be “don’t do it if you are not sure” but not many are going to follow that advice since free and open source software is too much of a competitive advantage for developers to ignore.

(via Slashdot)

My new laptop is up and running

This is the first post I am writing with my new laptop. After unpacking, installing a new, larger and faster hard drive & increasing the ram all that was left to do was to re-install the operating system. Naturally that was the easy part (pictures here).

What to do with a new laptop?

The rest of the day was spent on an installing fest… All the large and small programs that make up a basic functioning computer. This is then followed by the really high intensive work of fine tuning the software to make it feel right at home. You know the kind of thing, adding bookmarks, arranging themes, transferring files. Time consuming but necessary work.

The Quality of Code, Law and Journalism

In the IT newspaper Computer Sweden a Swedish IT/IP lawyer (Malin Forsman) is quoted as saying that proprietary software is of “better quality” than Free or Open Source software (my translation):

She recommends against Swedish software providers from going ‘open souce’. According to her using licensing costs is a much better method.
– You need a carrot to exert yourself properly. If the large source of income is dependent upon the quality of the code then I believe that you will try harder.

My first problem is with the journalism and the article itself. Like many other short newspaper articles it does not seem to have a point. What is the newsworthiness of this article? That an individual has an opinion? So what? We all have opinions but this does not make them newsworthy. Mind you if this had been my only complaint it would not have been worth blogging about.

My second problem is with journalistic integrity. By simply blogging the lawyer we arrive at the law firm where she works and her brief bio, where under Memberships we see that she is a member of: Board member of the IT group of the Stockholm Chamber of Commerce, Board Member of the Association for IT and Law, Member of the Swedish Copyright Association and Member of the International Technology Law Association. Her main legal experience outside law firms was working for Microsoft Corporation. Shouldn’t this maybe have been indicated in the article? If the journalist is presenting an opinion as news then shouldn’t some sort of critical analysis be added? I know that journalists are supposed to be objective but this article is hardly reporting the news as it is.

The next problem is with the lawyer herself. I have no doubt that she is a qualified lawyer and an expert in the IT/IP field but what is wrong with her statements? Unless of course this is simply a case of journalistic misquote she is a legal expert speaking of the quality of code. She does not attempt to define quality even if such a definition was at all possible. By her logic an Open Source project that makes it’s code proprietary immediately improves its code and a proprietary software project that releases its code under an Open Source license immediately deteriorates the quality of its code. Obviously these are ridiculous statements. But when the IT/IP legal expert says them we are supposed to nod our heads in agreement.

So who would be the right person to make such a statement? Well that person would need to have a vast experience of code not law. This imaginary person would need to have a vast experience of both open and proprietary projects and be able to define the concept of quality in a way that will enable these projects to be measurable and comparable. In addition to this the person would need to be free from suspicions of bias. I doubt whether such a super person exists.

But what may be said about quality? Here are two quotes:

Peter Drucker: (Innovation and entrepreneurship, 1985) “Quality in a product or service is not what the supplier puts in. It is what the customer gets out and is willing to pay for. “ISO 9000: “Degree to which a set of inherent characteristic fulfills requirements.”

Now lets complicate the issue even more:

While both these definitions are relatively common neither takes into full account the nature of software quality. The problem arises from the fact that software is a mix of product and service. The actual code is not what customers buy – they buy a function. Who cares what the software of a word processor looks like? It’s function is what the customer believes he/she has bought. If this is true then the customer has also bought an expectation of support in the case of software failure.

This was just meant as an illustration of the complexity of software quality and why neither a journalist nor a lawyer can deal with such a question in the space of a 350 word article. What they are really doing is pure advertising in the form of journalism. Advertising a personal, political and business stance on software while puffing up their own egos.

FSCONS fast approaching

The real countdown has now begun for the FSCONS conference in Göteborg 24-26 October. The FSCONS has turned into one of those cool conferences with a good mix between the geek developers and the geek analysers.

Since any programming skills I may have are largely imaginary I attend the conference to listen to the latter group. Among them this year are

John Buckman from magnatune who will be talking about Squeezing the Evil out of the Music Industry, Rasmus Fleischer will present Copyright in an Historical Perspective, Eva Hemmungs Wirtén has written two books on her topic and I am looking forward to her talk on Digital Commons throughout history, Mike Linksvayer of Creative Commons is presenting a talk on How far behind is free+open culture? which should be good. Smári Mccarthy has a talk entitled Digital Fabrication and Social Change & Denis Rojo is presenting on Free software and the freedom of creation, Victor Stone is going to demonstrate Tracking Attribution Across the Web & Oscar Swartz is talking about The End of Free Communications?

And these are only the geek analysers! Most of the really fascinating stuff is stuff I don’t understand.

So it’s an easy guess to see that this years FSCONS is going to be really, really good.

Google browser

Google’s browser Chrome is being released soon after 2 years of development – but are we excited? I don’t know the whole browser war is a thing of the past. Oh well bring it on, lets see what you’ve got.

At Google, we have a saying: “launch early and iterate.” While this approach is usually limited to our engineers, it apparently applies to our mailroom as well! As you may have read in the blogosphere, we hit “send” a bit early on a comic book introducing our new open source browser, Google Chrome…We will be launching the beta version of Google Chrome tomorrow in more than 100 countries.

At least they have a colorless cartoon to explain what it does…

The tyranny of “free”

Over at Macuser Dan Moren replies to the question “why can’t all iPhone apps be free? posed by Anita Hamilton in TIME. Moren widens the question to apply to the whole concept of free stuff but naturally focuses on free software. His point is the way in which the public at large have connected the concept of free (gratis) with the idea of value.

We are not entitled to software any more than we are entitled to the other products that we buy day in, day out. We’ve been spoiled because so many developers give things away for free (which, of course, is their prerogative), and we’ve gotten used to the idea of streaming our television online, or even stealing our music from file-sharing services. The idea of “free” has been co-opted into the idea that products aren’t worth money—which couldn’t be farther from the truth.

This is good stuff up until the end. I don’t think that people stealing music, downloading films or demanding free software are confused into thinking that these products are not worth money. But this does not detract from the main point in the paragraph that we are not entitled to stuff (for free).

On a primary level this is obviously true but it is not all the truth. On the level of basic needs (human, cultural, physical) there are naturally arguments to be made that stuff should be free. There are even easy arguments to be made that it is acceptable to break rules, laws & regulations when such basic needs are threatened. In addition to this there is the problematic area that we are bombarded with false needs through advertising which state (implicitly) that we are less evolved as beings unless we have the latest widget, designer toy or status gizmo. Naturally the latter is not a clear argument but it does certainly muddy the waters.

The problem with free, as Moren sees it comes with value and payment:

The whole point of payment is that you give someone money to take care of a problem that you don’t want to do yourself. You could save a bundle of money by not hiring people to cut your grass, for example, but then you’ll have to use the time you’d rather spend doing something else mowing the lawn yourself. Just as you could save some cash by developing a word-processor yourself, but heck, in the long run, it’s probably cheaper to let Microsoft do it for you.

This is economics at its most basic. Seriously. It doesn’t get any more basic than this.

This is an excellent argument and as Moren writes, it doesn’t get any more basic than this. But this only focuses on the economic transaction not on the social effects of such transactions. It is cheaper to let Microsoft create my word processor. But the problem occurs not at this stage. The problem occurs when I realize, for any reason, that I would prefer to have a word processor not built solely on economic gounds but with values of openness and transparency. Perhaps I would like to ensure that future developments within the word processor field have the ability to develop in a multitude of ways that neither Microsoft or anyone else has thought of today. Or perhaps I would just like to have Open Office on my computer becuase I like the name.

If we ony concentrate on the transaction cost argument (cheaper for Microsoft to develop than me) and we isolate the transaction and the product out of the wider context computers and communication then there is no problem. But this is unrealistic. I do not buy software alone. It is not useful without other products. Transactions are not isolated alone but a part of a system with economic, technical, political and social ramifications.

The importance of Free Software is not in giving the public free (gratis) stuff. It is in the ability for all users (via other developers) to access and control their infrastructure. In the same way as free speech is important not becuase I may one day have something important to say but becuase every day thousands of people are saying important things and one day I may just accidently happen to listen.

HCC8

IFIP-TC9 HCC8
8th International Conference on Human Choice and Computers
on
Social Dimensions of ICT Policy

University of Pretoria
25-26 September 2008

Thursday 25 September

9:00 – 9:30 Opening session
Welcome speeches by conference organizers at the University of Pretoria

9:30 – 10:30 Plenary session: keynote speech
Communication, Information and ICT Policy: Towards enabling research frameworks, Robin Mansell

10:30 – 11:00 coffee break

11:00 – 12:30 Plenary session: Issues of governance of the information society
• 15 Years of Ways of Internet Governance: towards a new agenda for action, Jacques Berleur
• Free and Open Source Software in low-income countries: emergent properties? (panel): Gianluca Miscione (chair), Dorothy K. Gordon, Kevin Johnston

12:30 – 14:00 lunch break

14:00 – 15:30 Track 1: Harnessing the empowering capacity of ICT
• Government policies for ICT diffusion and the governance of grassroots movements, Magda Hercheui
• Egyptian women artisans: ICTs are not the entry to modern markets, Leila Hassanin
• Digital divides and the role of policy and regulation: a qualitative study of Greece, Panayiota Tsatsou

Track 2: National information systems infrastructures
• Institutional strategies towards improving health information systems in Sub-Saharan Africa, Solomon B. Bishaw
• Technology, globalization and governance: research perspectives and prospects, Diego Navarra and Tony Cornford
• Globalization and national security issues for the state: implications for national ICT policies, Jackie Phahlamohlaka

15:30 – 16:00 coffee break

16:00 – 17:30 Track 1: ICT and development in Africa
• Examining trust in mobile banking transactions: the case of M-PESA in Kenya, Olga Morawczynski and Gianluca Miscione
• Next generation ICT policy in South Africa: towards a human development-based ICT policy, Walter Brown and Irwin Brown
• Challenges of ICT policy for rural communities: a case study from South Africa, Mpostol Jeremia Mashinini

Track 2: ICT in education
• A human environmentalist approach to diffusion in ICT policies, Elaine Byrne and Lizette Weilbach
• ICT and socio-economic development: a university’s engagement in a rural community in Yola, Nigeria, Jainaba M.L. Kah and Muhammadou M.O. Kah
• Lessons from a dropped ICT curriculum design project: a retrospective view, Roohollah Honarvar

Friday 26 September

9:00 – 10:00 Plenary session: keynote speech Dorothy Gordon

10:00 – 10:30 coffee break

10:30 – 11:30 Plenary session: panel on the policy implications of a UK mega-programme in the health sector
Evaluating ‘Connecting for Health’: policy implications of a UK mega-programme, Kathy McGrath (chair) Jane Hendy, Ela Klekun, Leslie Willcocks, Terry Young

11:30 – 12:30 Plenary session: panel on ICT and women’s empowerment
Gender research in Africa into ICTs for empowerment (GRACE), Ineke Buskens and Anne Webb (co-chairs), Gertrudes Macueve, Ibou Sane

12:30 – 14:00 lunch break

14:00 – 16:00 Track 1: European Union and national ICT policies
• Empowerment through ICT: a critical discourse analysis of the Egyptian ICT policy, Bernd Carsten Stahl
• American and African geospatial myths: the argumentative structure of spatial data infrastructure initiatives, Yola Georgiadou and Vincent Homburg
• ICT policy as a governable domain: the case of Greece and the European Commission, Ioanna Chini
• National variations of the information society: evidence from the Greek case, Dimitris Boucas

Track 2: Challenging two fundamental institutions of modernity: IPR and measurement
• Social networks within filtered ICT networks: internet usage within Iran, Farid Shirazi
• No-IPR model as solution to reuse and understanding of information systems, Kai K. Kimppa
• Measuring ICT for development, Anouk Mukherjee
• Open Access and Action Research, Mathias Klang

16:00 – 16:30 coffee break

16:30 – 17:30 Closing plenary session: Discussion of emerging issues on ICT policy research, Chrisanthi Avgerou (chair)