Why open source is bad for Australia

Open sourcers do not really support copyright
Open source activists nowadays stress that they love and support copyright. Technically they are correct; they use copyright to force restrictions on downstream users.

In practice the movement is an undermining of copyright. Open source uses copyright to strip the benefit from the creator, rejecting the original intent of copyright. It relies on the original drafters of copyright never imagining that beneficiaries of copyright would use it to deny benefits to themselves. This is particularly so with the notorious GPL.

Open sourcers phrase their philosophy as bestowing freedoms on users, but it also removes them. For example, Zymaris describes it like this:

Your extensions to it have to be fed back into the same pool. I am using my IP to hook you in and get your IP. (Hansard, 2004b: 79)

Problems arise where government funded research is released under licences like the GPL. That work is available to everyone, but the best developers are barred from commercialising it. In this sense, licencing regimes such as the GPL hinder further innovation rather than advancing it.

The ideology behind open source can be seen in reactions of the open source movement to moves by the German government in 2002 to amend copyright legislation so that creators would be protected from exploitation by publishers or re-sellers. The legislation prevented creators from waiving or being coerced into waiving their right to adequate compensation for use of their works. Open source lobbyists insisted on an exemption for open source, so that open source developers could continue to be exploited. (Hahn, 2002: 5)

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Talkback 6 comments

    "Open Source is bad for A ...Anonymous -- 26/06/04

    "Open Source is bad for Australia" is such a blanket statement that I would have to disagree.

    The author makes valid points about GPL on occasions hindering, rather than enhancing business, but GPL is not the only Open Source model. GPL is often used with the attitude "I am not making any money out of publishing this code, so why should anyone else." Unfortunately, R&D investment can not be warranted "commercially" on a GPL system, because the entity spending the money does not get any benefit (except knowing they might make the world a better place).

    There are also instances where Open Source would be detrimental to commercial interests in Australia. But Open Source often brings benefits, which is why I disagree. One of the problems with proprietary source code is that if the particular vendor goes bankrupt, or a relationship sours with a vendor, your data is effectively held hostage (Most of the time, you can not simply port to another vendor's package). Whilst open source doesn't guarentee flexibility (there may be binding contracts even in open source), in my view you are certainly more secure.

    Secondly, many open source products are free. This is not co-incidental, but a consequence of GPL and alike. In fact, this is one of the factors hinted at in the article. I would like to suggest that Open Source classes, databases, languages, APIs and alike can significantly reduce development time. Most open source products have public documentation, so they don't need to be re-documented. Furthermore, not having to pay license fees can assist a software company to be more profitable.

    Thirdly, on following on from point two, cheaper development costs inevitably lead to more competitive markets and cheaper prices to the end user. This makes software more accessable to Australians.

    That's true. The title is mean ...Anonymous -- 28/06/04

    That's true. The title is meant as a newsy summary for the article on ZDNet, rather than a precise statement of my position.

    My point is not there's anything wrong with public software or with academics and scientists sharing source code. That's normal.

    My concern is specifically with the activism of open source lobbyists who are seeking government assistance for a mode of business essentially concerned with exploiting software developers.

    Thank you for clarifying the t ...Anonymous -- 28/06/04

    Thank you for clarifying the title being purely sensationalism. I share your concern with lobbyist trying to force governments to legislate that Open Source be selected where possible. Equally though it concerns me when Open Source isn't even considered as a possibility. I wish they would legislate that common sense be used. I don't expect every government department to be running OpenOffice and Mozilla on Fedora or Mandrake, but if you are going to choose to run Office on Windows XP, then you need to justify the extra $800 per license (OEM pricing, might be cheaper with government licensing).

    As far as Open Source exploiting software developers (presumably by preventing them from profiting from their development, or bypassing their income stream), I am a software developer who creates commercial software. If someone makes an Open Source version of what I am doing, I lose my competitive edge, that is reality. I therefore focus on making my software better (features / stability / compatibility / support) than the Open Source competitor. I would point out that it cuts both ways. If I wanted to harm a competitor in the marketplace, I could release some open source version of my software that would undercut these competitors, and lock people on an upgrade path with my software (I wouldnt on principle, but companies have in the past).

    IMAO, that is what Borland could have been trying to achieve when they published Interbase 6 as Open Source then 7 as closed source again.

    I wouldn't see it as exploiting developers as much as I see it as allowing developers to learn from each other. Some open source licensing models are better than others at keeping the spirit of this, but companies should have to add value to their products to keep clients, not rely on the fact that some operations manager chose their product 4 years ago and now all the companies data for the past 4 years is locked in.

    You say you're concerned with ...Anonymous -- 28/06/04

    You say you're concerned with developers being "exploited". Let's take a look at that word's definition:

    http://dictionary.reference.com/search?q=exploit

    Definition 1 is "To employ to the greatest possible advantage". Hmm. Well that sounds pretty good to me! Why wouldn't you want to do that?

    Definition 2, which I assume is the one you're referring to, is "To make use of selfishly or unethically". Well that sounds bad, doesn't it?

    So how is it "selfish" or "unethical" to support developers contributing things free to the software community? It's fairly obvious that actions for profit are far more "selfish". If you're concerned about the selfish exploitation of software developers, then you're going to need to change your view to an anti-commercial software one.

    The comments here do not refle ...Anonymous -- 30/06/04

    The comments here do not reflect the extent of negative comment about this article. Take a look at the feedback on builderau.

    http://www.builderau.com.au/program/work/talkback.htm?PROCESS=show&ID=20050722&AT=39129645-39024650t-20000982c

    You are obviously blind to the ...Anonymous -- 02/07/04

    You are obviously blind to the occurrences in society as a whole today. Your so-called intellectual copyrights protection against international theft aren't protected completely anyway because many Governments do not accept our copyright & re-sell under another label will occur anyway. Also, unless you are there to sue the offender it isn't going to stop them.

    With hardware today, as soon as some novel artifact comes into being it is copied & reproduced at a cheaper cost. That is the lay of the land & you have no control over it.

    Get a life & live in the real world. Your ideas are heaven sent & will stay there for ever. It isn't happening in the "real" world.

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