The law is the law, but it always changes

February 1, 2009 by Edgar Maldonado

Any copy/reproduction of this cassette is not only illegal, it is also a sin.

Translation: Any copy/reproduction of this cassette is not only illegal, it is also a SIN.

We all know the legal issues that go along with the sharing of content in the web using P2P networks or torrents. Some have received letters of threats, some ISPs are getting involved messing with packages and bandwidth, and we all have watched the advertisement before a movie that put car theft and shoplifting at the same level than file-sharing (South Park has a really good episode explaining how sharing files” threats” the music industry).

I have to said that I don’t endorse any illegal activity (I don’t want any problems with the law). Nevertheless, I think that we must understand how technological advances have been always a threat for the entertainment industry, and how governments have needed to change the law to cover those issues. This lecture of Cory Doctorow explains this in such a good way that is enjoyable. Please take the time and watch it. Then, you will understand how important is for governments to keep in mind that openness is the way to go.

I think that I ought an apology to those two people that read these lines. I will try to manage better my dissertation writing with the rest of my activities. I promise.

Pure evil doesn’t exist

December 17, 2008 by Edgar Maldonado

I am suscribed to several list of Software-Libre and Open Source groups. There are always interesting topics that go from technological hard core (discussions of protocols and procedures) to philosophical interchanges. And, I have found that there is something in common in most lists: the Microsoft haters.Evil

They are these people that write Micro$oft (money, you get it?) and keep talking about the evil roots of Windows. I confess , I used to be one of them. But as the tittle of this post says, there is not pure evil.

Don’t get me wrong. I am not getting money from Microsoft, nor looking a job in their labs. I agree with the idea of Free Libre Open Source software and also get disgusted by some  activities of this company against the Software libre initiative. But think about the computer industry right now.

Microsoft embraced a business model that made possible a full range of hardware vendors. If apple were the leader you won’t be able to buy a video card for your computer, but only nice and cute plastic accessories to make it look better (sorry Mac fans).

In addition, some people from the Microsoft emporium has provided help for those en need. I am not talking about donating software and training to NGOs and countries because there is a long discussion behind these activities. I am talking about things such the Malaria Vaccine,  a combined effort between Glaxo (I know, pharmaceuticals are also evil) and the Gates Foundation.

An uncle told me once that it does not matter the good things bad people do, they will always be bad people (we were talking about governments). But I also have learned that good things are scarce and must been recognized.

Long time ago

November 13, 2008 by Edgar Maldonado

Four years ago I wrote the first paper of my PhD program. It was a final paper for IST 501 (one of the best classes I ever had). We had to pick a topic related to information technology and any of the topic of the hundreds of papers we had read in class. I decided to write about Information Technology and politics. I finished with a 26 pages document that got me a good grade but never did it in the big leagues (journal, conference, or even a poster).

Given the results of the election in United States and the important role that the Internet played on it, I want to put the paper online. So people interested on writing about it can have a starting point (at least on the references).

IT as a growing political factor

Guess who’s also helping?

October 30, 2008 by Edgar Maldonado

I was reading a post yesterday and I thought that the idea can be pictured better with boxes, circles, and arrows (I like diagrams).

Thanks anyway!

OpenOffice 3.0

October 15, 2008 by Edgar Maldonado

13 Oct 2008: Open Office 3.0 is officially available for download.

(I am sorry for the late notice, but I just installed it yesterday). There is something for everybody. For Mac lovers, this version is able to run in Mac OS X. For Windows lovers, there is a filter for MIcrosoft Office 2007 files. OpenOffice 3.0, better and improved.

Divide and Conquer

October 1, 2008 by Edgar Maldonado

I keep looking for academical papers that study FLOSS from different perspectives. A recent paper published in the January-February edition of the Production and Operations Management Journal just caught my attention. The paper was written by Daishin Lee (Harvard Business School) and Haim Mendelson (Graduate School of Business of Stanford), and it was titled “Divide and Conquer: Competing with Free Technology Under Network Effects”.

The authors use a theoretical model that propose two paths for software companies:

  1. If you are the first in the market, keep your product closed. Then, the FLOSS sector could not take advantage of the network you already created.
  2. If the FLOSS solution was first in the market, make your product compatible. Then, you would take advantage of the network created by the FLOSS solution.

The paper is clear that they are talking about the companies that do not want to go the FLOSS way (as Bill Snyder put it on a review of the article Business can win the competition against Open Source technology) Therefore, I am not going to argue that the best way is to stop competing. I just want to humbly help expand the work of Lee and Mendelson.

I take a statement on page 13 of the paper as a central point of my concerns: “Although Microsoft views Open Source Software as a serious threat, it has not made its core products compatible with Open Source products”.

There is an issue on the definition of compatibility. Let’s take the case of Microsoft Word. Are we talking compatibility as the ability to read Microsoft word files? If that is the case, Microsoft has always been interested that everybody can read its format. Now, if we are talking about the ability of Microsoft Word to read Open Documents, Microsoft announced on May of this year that Office 2007 was going to support the format.

Maybe the case of Microsoft Word is an exception. But, it would be nice to include it on future analyses.

By the way, too much competition sometimes leads to bad things (ask Wall Street).

Piracy

September 15, 2008 by Edgar Maldonado

Reading about software and the software industry, I found BSA’s 2007 Piracy Study . On it, there is the following statement:

Local software industries can be crippled by competition from pirated software from abroad, and local services firms and channel players lose revenue while businesses waste time and money working with faulty and unsupported software. Coupled with lost tax revenues and slower job growth than a larger legitimate market would provide, software piracy has clear negative consequences for local economies.

(Business Software Alliance, 2007, p. 5)

First, I will say that piracy is a crime, and that I also believe that piracy has clear negative consequences for local economies. But, the reasons that the BSA document offers are kind of funny:

  1. Local software companies cannot even think to get into the big software businesses: operative systems, office tools (text editor, spreadsheet, etc. ), data bases, and others. Therefore, I doubt you would not find a single “local” company reporting losses because of piracy (by local company, I mean a real local company, not the local division of a big software company).
  2. Local services firms can still provide services even if the software was not bought legally (here I also mean the real local services, not the local division of the big software company). For that reason some businesses use illegal copies, because someone (anyone) can provide enough support to keep the business running. If that is not the case (specialized software or sensitive procedures), I am sure businesses pay for the license.
  3. The tax revenue part is hard to calculate. How much money is getting into the Treasury? How much money is going back to the software company’s country? Give me the answers, and we can discuss this point.
  4. Finally the job growth. I don’t know. For example, small companies that cannot afford legal software (really small companies) contribute to job growth. Therefore, this point is also open to a further analysis of the numbers.

The point where we agree is about the negative consequences for the economy. I think the negative impact has to do with the image of the country. High software piracy in a country can be an indicator of soft copyright laws or faulty enforcement of them. This image does not attract investors.

The corollary of this post is that BSA’s statement seems suitable to be used to make the FLOSS case.

At the begginning was the book

August 21, 2008 by Edgar Maldonado

The idea of licensing a piece of software in a way that you cannot modify it or distribute copies of it comes from the book industry. Of course, at the beginning it was not hard to enforce these rules because nobody has a printing equipment to home-make copies of books (if you are interested in this part of the history, the book I recommended before Against Intellectual Monopoly has an interesting description of this point and how some countries allow book-piracy to increase their intellectual sources). Free Libre Open Source Software activists think that if everybody can contribute to write code, then everybody should be able to take advantage of that.

Now, the later idea is a notion that could be hard to emulate in the printing industry. Of course there is not surprising that people advocating FLOSS go against the traditional printing business model and publish their books with a open license (i.e. Creative Commons). The Against Intellectual Monopoly book is a good example of that. Well, things are changing.

Preston McAffe from the California Institute of Technology wrote a book: Introduction to Economics and published under a Creative Commons license. The book is not only use in Caltech, but othercolleges have chosen to use it as main textbook for their classes. This is a quote from the book’s website:

Why open source? Academics do an enormous amount of work editing journals and writing articles and now publishers have broken an implicit contract with academics, in which we gave our time and they weren’t too greedy. Sometimes articles cost $20 to download, and principles books regularly sell for over $100. They issue new editions frequently to kill off the used book market, and the rapidity of new editions contributes to errors and bloat. Moreover, textbooks have gotten dumb and dumber as publishers seek to satisfy the student who prefers to learn nothing. Many have gotten so dumb (“simplified”) so as to be simply incorrect. And they want $100 for this schlock? Where is the attempt to show the students what economics is actually about, and how it actually works? Why aren’t we trying to teach the students more, rather than less?

http://www.introecon.com/blurb.html

It makes sense. If the principles of physics have not changed from last year to this year, why do I need a new edition?

Well, my intention is not going after any business, but providing ideas for governments from this situation. Therefore, what about an open content educational repository for schools? What about governments creating (or hiring someone to do it) elementary and high school textbooks and putting them on a Creative Commons license? Will that be a good way to low the costs of education?

Governments as providers

August 18, 2008 by Edgar Maldonado

Reading Colin Charles’ blog I found out about MyMeeting. MyMeeting is a web application to manage meetings (decisions, schedules, etc.), and according to MyMeeting’s website is the “first fully open source package” that the government of Malaysia have released. Its really good news that governments committed to the FLOSS agenda follow their principles and release their developments. As Colin Charles, I recommend to take a look of it and use it (I know how hard is to get positive results form meetings).

Charles also asked “How many more governments out there are writing and releasing open source software packages?”. I know a few, so I thought it is a good idea to put together some kind of list. Therefore, I created a table using ZOHO with that information: Governments’ FLOSS.

If you are one of the few that read these lines and know about a project release by a government, I will welcome your suggestions.

Railroads, software, and laws

August 15, 2008 by Edgar Maldonado

Yesterday I read an article in The New York Times about a judicial decision on a case related to FLOSS. It goes:

In a ruling Wednesday, the federal appeals court in Washington said that just because a software programmer gave his work away did not mean it could not be protected.

The New York Times, 2008

This means that now a company will think better the option of taking a piece of FLOSS code to close it and sell it as a proprietary code. The code in question was a Java Model Railroad Interface, apparently a popular software among model train hobbyists. A company (Kam Industries) was using the code and selling its “Software for the Digital RailRoad” (name that is a trade mark of the company). Anyway as Jhon Markoff put it in his article: Ruling Is a Victory for Supporters of Free Software.

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Due to time constraints I will be working only on the English version of this site. I apologize for that.