the politics of the internet 13 the politics of open source last week – problems of monopoly on...

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The Politics of the The Politics of the Internet 13 Internet 13 The Politics of Open The Politics of Open Source Source Last week – problems of monopoly on Internet Last week – problems of monopoly on Internet Network effects mean that control of Network effects mean that control of platforms (such as Windows) allows actors to platforms (such as Windows) allows actors to maintain monopoly (perhaps stifle maintain monopoly (perhaps stifle innovation) innovation) But what if platforms are run in such a way But what if platforms are run in such a way as to prevent markets from taking advantage? as to prevent markets from taking advantage? Open source – software which has no “owner” Open source – software which has no “owner” Usually created for non-profit reasons Usually created for non-profit reasons (though may be used by profit seeking (though may be used by profit seeking firms). firms).

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Page 1: The Politics of the Internet 13 The Politics of Open Source Last week – problems of monopoly on Internet Last week – problems of monopoly on Internet Network

The Politics of the Internet The Politics of the Internet 1313

The Politics of Open SourceThe Politics of Open Source Last week – problems of monopoly on InternetLast week – problems of monopoly on Internet Network effects mean that control of platforms Network effects mean that control of platforms

(such as Windows) allows actors to maintain (such as Windows) allows actors to maintain monopoly (perhaps stifle innovation)monopoly (perhaps stifle innovation)

But what if platforms are run in such a way as But what if platforms are run in such a way as to prevent markets from taking advantage?to prevent markets from taking advantage?

Open source – software which has no “owner”Open source – software which has no “owner” Usually created for non-profit reasons (though Usually created for non-profit reasons (though

may be used by profit seeking firms).may be used by profit seeking firms).

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Structure of LectureStructure of Lecture Beginning – what is open source?Beginning – what is open source? The “impossible public good” – how open The “impossible public good” – how open

source is created and maintainedsource is created and maintained Example of open source – Linux operating Example of open source – Linux operating

system.system. Brief discussion of Firefox.Brief discussion of Firefox.

Consequences for market controlConsequences for market control The politics of open sourceThe politics of open source ConclusionsConclusions

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Three main themes of lectureThree main themes of lecture (1) How and why open source software is (1) How and why open source software is

producedproduced Quite problematic for theory – which would predict Quite problematic for theory – which would predict

that people wouldn’t write it – because they don’t that people wouldn’t write it – because they don’t get obvious economic gains from so doing. get obvious economic gains from so doing.

(2) What effects does open source software (2) What effects does open source software have for control of markets (theme of last have for control of markets (theme of last week’s lecture).week’s lecture).

(3) Extension of open source “model” to new (3) Extension of open source “model” to new areas of activity – Creative Commons.areas of activity – Creative Commons.

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Hardware and software - Hardware and software - beginningsbeginnings When most computers were mainframes When most computers were mainframes

(up until late 1970’s), software (up until late 1970’s), software considered less important than hardwareconsidered less important than hardware

Emphasis of IBM and others on selling Emphasis of IBM and others on selling hardware at huge costs – with software hardware at huge costs – with software thrown in. Software specific for each thrown in. Software specific for each machinemachine

Result – software not seen as a valuable Result – software not seen as a valuable commodity by firmscommodity by firms

Individuals could swap software/ideasIndividuals could swap software/ideas

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Hacker cultureHacker culture In this era, people swapped software all In this era, people swapped software all

the time – and improved it sometimes for the time – and improved it sometimes for their own benefit and benefit of otherstheir own benefit and benefit of others

Lax approach to copyright lawLax approach to copyright law Emphasis on solving technical problems Emphasis on solving technical problems

with software – not with making money with software – not with making money out of itout of it

““Hacker culture” – rapid exchange of Hacker culture” – rapid exchange of ideas, hacks (smart software tricks) and ideas, hacks (smart software tricks) and adviceadvice

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When it changedWhen it changed Began to change when computers Began to change when computers

switched from mainframes to PCswitched from mainframes to PC Bill Gates – and others – began to defend Bill Gates – and others – began to defend

the copyright of their codethe copyright of their code Gates letterGates letter

Copyright of software seen as a valuable Copyright of software seen as a valuable assetasset

Efforts to stop copying of softwareEfforts to stop copying of software Near-disappearance of old hacker cultureNear-disappearance of old hacker culture

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Free Software MovementFree Software Movement Resistance to this from “Free Software Resistance to this from “Free Software

Movement” – Richard StallmanMovement” – Richard Stallman Perceived software as something that Perceived software as something that

should be free for others to change and should be free for others to change and modify and re-usemodify and re-use

““Free as in free speech, not free beer”Free as in free speech, not free beer” Used copyright law against itselfUsed copyright law against itself General Public Licence (GPL)General Public Licence (GPL)

Software made available to general publicSoftware made available to general public you could modify free software as much as you you could modify free software as much as you

wanted and pass it on for free, or for money– as wanted and pass it on for free, or for money– as long as your changes were also subject to the long as your changes were also subject to the GPLGPL

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Problems of GPLProblems of GPL This system led to the creation of many This system led to the creation of many

nifty software tools – but also had problemsnifty software tools – but also had problems You couldn’t mix “free” code and You couldn’t mix “free” code and

commercial code without breaching the commercial code without breaching the conditions of the General Public Licenceconditions of the General Public Licence

Meant that you couldn’t use many useful Meant that you couldn’t use many useful pieces of softwarepieces of software

Also meant that the model was unattractive Also meant that the model was unattractive to firms.to firms.

As much a matter of appearance as of As much a matter of appearance as of actuality – sounded dangerously radical.actuality – sounded dangerously radical.

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Move to Open SourceMove to Open Source New definition – open source began to evolveNew definition – open source began to evolve GPL vs. open source.GPL vs. open source. GPL requires that all redistributions of the GPL requires that all redistributions of the

software be released under the same termssoftware be released under the same terms Open source merely Open source merely allowsallows this. this. Under “open source definition”, firms can Under “open source definition”, firms can

take open source product – and then add take open source product – and then add something, and have copyright over the bit something, and have copyright over the bit they’ve added.they’ve added.

Much more attractive to firms.Much more attractive to firms. Although in practice most open source Although in practice most open source

software is also more or less ‘free software’ software is also more or less ‘free software’ too, if not necessarily compatible with the too, if not necessarily compatible with the GPL.GPL.

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Open sourceOpen source Like GPL – open source helps promote Like GPL – open source helps promote

non-proprietary basic softwarenon-proprietary basic software But allows a variety of commercial But allows a variety of commercial

and non-commercial uses to be made and non-commercial uses to be made of that free softwareof that free software

Began to have impact in early 1990’sBegan to have impact in early 1990’s Apache, Sendmail, and most famously Apache, Sendmail, and most famously

– Linux (which uses the GPL).– Linux (which uses the GPL).

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Open source and property Open source and property rightsrights Open source and GPL seek to free software Open source and GPL seek to free software

(to varying extents) from property rights(to varying extents) from property rights What are property rights?What are property rights?

Complex – but basically the right to control the Complex – but basically the right to control the future use of something (and extract money future use of something (and extract money from others who want to use it.)from others who want to use it.)

Open source and GPL both use copyright Open source and GPL both use copyright system – which usually protects property system – which usually protects property rights.rights.

But do so in a somewhat subversive way – But do so in a somewhat subversive way – copyright laws are used not to assert copyright laws are used not to assert property rights, but to prevent others from property rights, but to prevent others from so doing.so doing.

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Open source and open codeOpen source and open code Open source software allows users to Open source software allows users to

see the “source code” – the basic see the “source code” – the basic computer code that the program in computer code that the program in question uses.question uses.

Users can then debug – or modify – the Users can then debug – or modify – the source code as they wantsource code as they want

Contrast with proprietary softwareContrast with proprietary software Keeps the source code hidden from the userKeeps the source code hidden from the user Forbids the user from changing the codeForbids the user from changing the code

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Public good/common good Public good/common good problemproblem Why does Weber describe open source as the Why does Weber describe open source as the

“impossible public good” (nb – public goods “impossible public good” (nb – public goods are a type of common good – see Lecture 8)are a type of common good – see Lecture 8)

It is difficult for someone to make money It is difficult for someone to make money from something unless they have property from something unless they have property rights over it.rights over it.

Thus, there is little economic reason why Thus, there is little economic reason why people would contribute to the creation of people would contribute to the creation of open source or free software.open source or free software.

A common good problem – we’d all be better A common good problem – we’d all be better off with it, but no individual has incentives to off with it, but no individual has incentives to produce it.produce it.

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Open source in realityOpen source in reality Despite theory, thousands of people Despite theory, thousands of people

contribute to the creation of open source contribute to the creation of open source software without obvious rewardssoftware without obvious rewards

Difficult to explain from viewpoint of Difficult to explain from viewpoint of conventional economic theoryconventional economic theory

Why are people prepared, in effect to Why are people prepared, in effect to work for free?work for free?

Also – how does it get organized – if there Also – how does it get organized – if there isn’t anyone with real authority to say isn’t anyone with real authority to say what gets done what gets done

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How open source worksHow open source works Some organization – but largely consensual and Some organization – but largely consensual and

voluntaryvoluntary Someone announces that they want to start an Someone announces that they want to start an

open source project to do xxxx – they ask for open source project to do xxxx – they ask for volunteersvolunteers

If they get them, then start to work on code – If they get them, then start to work on code – anyone can join in, seeking to do whatever they anyone can join in, seeking to do whatever they want and propose changeswant and propose changes

However, person who started it off (or her heir) However, person who started it off (or her heir) retains some informal clout to say what is retains some informal clout to say what is accepted and what is notaccepted and what is not

Those who don’t like this are perfectly free to Those who don’t like this are perfectly free to “fork” and start their own projects (taking as “fork” and start their own projects (taking as much of the original code with them as they much of the original code with them as they want).want).

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Elements of explanationElements of explanation Weber – discusses different theories of why Weber – discusses different theories of why

people are prepared to get involved – none people are prepared to get involved – none of which is sufficient on its own to explain of which is sufficient on its own to explain open sourceopen source

(1) People are uninterested in money (1) People are uninterested in money Want to contribute for joy of itWant to contribute for joy of it Or because they hate MicrosoftOr because they hate Microsoft Or because they want to boost their egoOr because they want to boost their ego

Some validity, but unlikely as a general Some validity, but unlikely as a general explanationexplanation

Software coders aren’t necessarily very Software coders aren’t necessarily very idealistic peopleidealistic people

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Elements of explanation IIElements of explanation II (2) Economic explanation - it may be (2) Economic explanation - it may be

economically rational for people to work on economically rational for people to work on open sourceopen source

Reason – reputation for programming well Reason – reputation for programming well is a valuable assetis a valuable asset

By working on open source – and getting a By working on open source – and getting a reputation for doing good work, reputation for doing good work, programmers can signal how good they areprogrammers can signal how good they are

Then get better jobs with better pay Then get better jobs with better pay because of their “volunteer” workbecause of their “volunteer” work

Doesn’t explain why open source is Doesn’t explain why open source is organized the way it is however – why no organized the way it is however – why no “strategic forking”“strategic forking”

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Elements of explanation IIIElements of explanation III (2a) Implicit property rights – people (2a) Implicit property rights – people

have property rights not over the have property rights not over the software itself – but over how it is software itself – but over how it is writtenwritten

If reputation etc are valuable – then a If reputation etc are valuable – then a prominent role in the process of writing prominent role in the process of writing software is key (this is what your software is key (this is what your reputation depends upon)reputation depends upon)

Thus people begin to develop property Thus people begin to develop property rights over positions of authority in the rights over positions of authority in the code writing processcode writing process

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Elements of explanation IVElements of explanation IV Weber – even if people usually don’t contribute Weber – even if people usually don’t contribute

to open source directly, they may contribute to open source directly, they may contribute indirectlyindirectly

Can distinguish between two groupsCan distinguish between two groups ““hard core” of programmers who create systemhard core” of programmers who create system Mass group of individuals who use itMass group of individuals who use it

At first it seems as if the second group “free At first it seems as if the second group “free rides” on the firstrides” on the first

But in fact it provides benefits to the first groupBut in fact it provides benefits to the first group May report bugs etc – thus improve codeMay report bugs etc – thus improve code Increases reputation of programmers if good is Increases reputation of programmers if good is

popularpopular

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Elements of explanation VElements of explanation V Weber – suggests different levels of Weber – suggests different levels of

explanation– all required for open source explanation– all required for open source process to work.process to work.

level of individual motivationlevel of individual motivation Reputation (economic) and social normsReputation (economic) and social norms

level of organizing productionlevel of organizing production Informal norms and authorityInformal norms and authority

Nature of collective good being produced Nature of collective good being produced the more people involved the better, even if the more people involved the better, even if

only a few actively contributeonly a few actively contribute

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Success and failureSuccess and failure Many open source projects fail.Many open source projects fail. Research by Kieran Healy and Alan Research by Kieran Healy and Alan

Schussman on SourceForge projects Schussman on SourceForge projects suggest that over half of the projects out suggest that over half of the projects out there have no-one working on them.there have no-one working on them.

Only 10% of projects seem to have 2 Only 10% of projects seem to have 2 people or more working on them.people or more working on them.

So – in some senses, there are more So – in some senses, there are more failures in open source than successes.failures in open source than successes.

But some of the successes have been But some of the successes have been quite spectacular.quite spectacular.

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Linux as test caseLinux as test case Various important open source Various important open source

packages out there.packages out there. Apache – popular software for web Apache – popular software for web

serversservers Sendmail – basic mainstay of emailSendmail – basic mainstay of email OpenOffice – excellent (and free) OpenOffice – excellent (and free)

Microsoft Office alternativeMicrosoft Office alternative But most famous is Linux – a But most famous is Linux – a

replacement operating systemreplacement operating system

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Where Linux came fromWhere Linux came from Linux was started as a hobby project by Linux was started as a hobby project by

a Finnish programmer – Linus Torvaldsa Finnish programmer – Linus Torvalds Wanted to create an Unix clone for Wanted to create an Unix clone for

small computerssmall computers

(Unix – a popular operating system for (Unix – a popular operating system for big computers)big computers)

Started to write “kernel” (core of Started to write “kernel” (core of operating system) – and appealed for operating system) – and appealed for volunteers.volunteers.

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Growth of LinuxGrowth of Linux Torvalds put out appeal in late 1991Torvalds put out appeal in late 1991 By end of the year – nearly 100 By end of the year – nearly 100

people involved in the projectpeople involved in the project Now, many thousands are involved Now, many thousands are involved

in creating the codein creating the code Linux has grown extraordinarily in Linux has grown extraordinarily in

complexity and power – a genuine complexity and power – a genuine operating systemoperating system

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Organizing production of Organizing production of LinuxLinux Torvalds serves as “benevolent Torvalds serves as “benevolent

dictator” – nothing becomes part of the dictator” – nothing becomes part of the Linux kernel without his say-soLinux kernel without his say-so

Delegates supervision of specific parts Delegates supervision of specific parts of the kernel to senior volunteersof the kernel to senior volunteers

These supervise mailing lists and These supervise mailing lists and accept or decline proposed changesaccept or decline proposed changes

Anyone who disagrees can branch out Anyone who disagrees can branch out on their own – but it may be that no-on their own – but it may be that no-one follows themone follows them

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Evolution of LinuxEvolution of Linux Started as standard Unix clone – i.e. Started as standard Unix clone – i.e.

hairy and scaryhairy and scary Required a high degree of technological Required a high degree of technological

knowledge and commitment from its knowledge and commitment from its usersusers

Had to configure the system themselves Had to configure the system themselves – delve deep into code– delve deep into code

Has gotten friendlier over time – now Has gotten friendlier over time – now has graphical interface like Windowshas graphical interface like Windows

But still somewhat forbidding.But still somewhat forbidding.

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Open source advantagesOpen source advantages Open source has some technical Open source has some technical

advantages over non-open source advantages over non-open source softwaresoftware

Less likely to have bugs – and easier to Less likely to have bugs – and easier to identify them and fix them when it hasidentify them and fix them when it has

More likely to be stableMore likely to be stable Free $Free $ Free $$Free $$ Free $$$Free $$$

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But why the politics?But why the politics? Open source arguably not only has Open source arguably not only has

technical advantages – it may serve as a technical advantages – it may serve as a solution to problems of monopoly.solution to problems of monopoly.

Why?Why? Consider “post-Chicago” arguments about Consider “post-Chicago” arguments about

monopolymonopoly Computer software more open to Computer software more open to

monopolymonopoly Network effectsNetwork effects Individuals can use control of one market Individuals can use control of one market

segment to enter otherssegment to enter others Can use code to disadvantage others Can use code to disadvantage others

(incompatibilities)(incompatibilities)

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Open source and post-Open source and post-Chicago IChicago I Also relies on network effectsAlso relies on network effects

As more people adopt an open source As more people adopt an open source program it is more likely that people will program it is more likely that people will work on improving it, and that bugs will be work on improving it, and that bugs will be identifiedidentified

But these network effects will not do But these network effects will not do much more than enhance the ego of much more than enhance the ego of programmersprogrammers

They have specifically given up the They have specifically given up the ability to control what people do with ability to control what people do with their software – or to profit much from it.their software – or to profit much from it.

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Open source and post-Open source and post-Chicago IIChicago II Thus – cannot use control of one market Thus – cannot use control of one market

segment (operating system) as leverage segment (operating system) as leverage to get control of other parts (office to get control of other parts (office software).software).

Other projects for other pieces of Other projects for other pieces of software are likely to be led by other software are likely to be led by other individuals – who will have their own individuals – who will have their own agendaagenda

More like a bazaar than a cathedral (Eric More like a bazaar than a cathedral (Eric Raymond)Raymond)

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Open source and post-Open source and post-Chicago IIIChicago III Can’t use control of operating system to Can’t use control of operating system to

squash competitors through technical squash competitors through technical incompatibilitiesincompatibilities In contrast, Microsoft Windows In contrast, Microsoft Windows

“mysteriously” developed incompatibilities “mysteriously” developed incompatibilities with RealPlayer.with RealPlayer.

Other software producers have access to Other software producers have access to source code – and know how it is writtensource code – and know how it is written

Change is a consensual processChange is a consensual process Everyone can understand any changes Everyone can understand any changes

and respond to them quickly and easilyand respond to them quickly and easily

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Open Source vs. MicrosoftOpen Source vs. Microsoft Linux unlikely to become a replacement for Linux unlikely to become a replacement for

Microsoft Windows anytime soonMicrosoft Windows anytime soon Still too demanding for everyday usersStill too demanding for everyday users But nonetheless a big threat to Microsoft in But nonetheless a big threat to Microsoft in

other market segments – server software other market segments – server software etc.etc.

Serves as credible alternative – especially Serves as credible alternative – especially given Microsoft’s efforts to exploit its given Microsoft’s efforts to exploit its monopoly by squeezing more money from monopoly by squeezing more money from customerscustomers

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If Linux was everywhere …If Linux was everywhere … If Linux manages to become more If Linux manages to become more

generally established (big if), then generally established (big if), then Microsoft is in trouble.Microsoft is in trouble.

Network effects which currently reinforce Network effects which currently reinforce Microsoft’s dominance would reinforce Microsoft’s dominance would reinforce Linux insteadLinux instead

If everyone uses Linux – why buy Windows?If everyone uses Linux – why buy Windows? And Linux more likely to be popular with And Linux more likely to be popular with

other software firms (little chance of a other software firms (little chance of a legal action against Linux for being anti-legal action against Linux for being anti-competitive)competitive)

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Current battlesCurrent battles Some Microsoft competitors have Some Microsoft competitors have

adopted Linux as a new standardadopted Linux as a new standard IBM – provides Linux based solutions to IBM – provides Linux based solutions to

its customersits customers Sun Microsystems – turned to Linux as its Sun Microsystems – turned to Linux as its

own operating system began to lose own operating system began to lose market share.market share. But has turned back to Microsoft.But has turned back to Microsoft.

Competitors weren’t attracted because of Competitors weren’t attracted because of idealism – but in order to weaken idealism – but in order to weaken MicrosoftMicrosoft

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Microsoft’s responseMicrosoft’s response Microsoft identified Linux as a threat in Microsoft identified Linux as a threat in

successive “Halloween documents”successive “Halloween documents” Has tried to badmouth itHas tried to badmouth it

Has claimed that it is insecure (although Has claimed that it is insecure (although probably it is more secure than Windows)probably it is more secure than Windows)

Has argued that it is un-American and anti-Has argued that it is un-American and anti-capitalist (i.e. slight whiff of Communism)capitalist (i.e. slight whiff of Communism)

Threat of legal actions for patent Threat of legal actions for patent infringementsinfringements

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Microsoft and SCOMicrosoft and SCO Microsoft has backed SCO, a company Microsoft has backed SCO, a company

which claims it holds copyright over Unix which claims it holds copyright over Unix System V.System V.

Has claimed that Linux infringes its Has claimed that Linux infringes its copyright in (unspecified) ways, and that copyright in (unspecified) ways, and that Unix code is directly incorporated into Unix code is directly incorporated into Linux.Linux.

Has sued IBM for $1 billion.Has sued IBM for $1 billion. Has also threatened lawsuits against Linux Has also threatened lawsuits against Linux

users – unless they pay royalties to SCO.users – unless they pay royalties to SCO. Case is still pending in court (SCO have yet Case is still pending in court (SCO have yet

to produce evidence).to produce evidence). But has generated some legal uncertainties But has generated some legal uncertainties

surrounding SCO.surrounding SCO.

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Governments and operating Governments and operating systemssystems Currently, several governments are Currently, several governments are

investigating using open source as an investigating using open source as an alternative to MS products. Would mandate alternative to MS products. Would mandate that all government purchases be of open that all government purchases be of open source software.source software.

Particularly attractive to developing world.Particularly attractive to developing world. Microsoft has donated large amounts of Microsoft has donated large amounts of

money/free software to countries money/free software to countries considering this in order to sway them considering this in order to sway them against itagainst it

Has also sought to lobby on behalf of Has also sought to lobby on behalf of “software choice” (i.e. continued place in “software choice” (i.e. continued place in the market for Microsoft products).the market for Microsoft products).

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BrazilBrazil

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BrazilBrazil Brazil is a key battleground between Linux and Brazil is a key battleground between Linux and

Microsoft.Microsoft. Brazilian government has pushed Linux very Brazilian government has pushed Linux very

strongly.strongly. Has signed a letter of intent with IBM to develop Linux-Has signed a letter of intent with IBM to develop Linux-

based applications.based applications. Is setting up a new programme to distribute PCs to Is setting up a new programme to distribute PCs to

millions of poor Brazilians – perhaps with Linux loaded millions of poor Brazilians – perhaps with Linux loaded onto them.onto them.

Microsoft has sought to respond through making a Microsoft has sought to respond through making a cheap, cut-down version of Windows available, cheap, cut-down version of Windows available, “Windows XP Starter Edition.”“Windows XP Starter Edition.”

But is having difficulty in establishing itself – But is having difficulty in establishing itself – Brazilian government seems committed for Brazilian government seems committed for ideological reasons as well as reasons of cost to ideological reasons as well as reasons of cost to free software.free software.

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NorwayNorway

Norwegian government has announced Norwegian government has announced that it is to introduce new standards for that it is to introduce new standards for government software – intended to government software – intended to promote open source solutions.promote open source solutions.

Rationale – that depending on Microsoft Rationale – that depending on Microsoft software alone is a bad idea.software alone is a bad idea.

Remains to be seen how this will be Remains to be seen how this will be implemented – but may be important in implemented – but may be important in persuading other West European persuading other West European countries if it goes through and works.countries if it goes through and works.

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Likely prognosisLikely prognosis A major success in Norway aside, Linux A major success in Norway aside, Linux

unlikely to take over desktops in advanced unlikely to take over desktops in advanced industrialized democracies.industrialized democracies.

But is quite likely to block Microsoft in new But is quite likely to block Microsoft in new markets.markets.

Server software.Server software. Countries in the developing world, which Countries in the developing world, which

have an interest in free software (and which have an interest in free software (and which see this as an alternative model of see this as an alternative model of development, where they can compete development, where they can compete better).better).

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Moving beyond open Moving beyond open sourcesource

The open source movement is beginning The open source movement is beginning to have a wider cultural and political to have a wider cultural and political impact as people begin to apply similar impact as people begin to apply similar ideas in new fields.ideas in new fields.

Basic motivation behind open source – to Basic motivation behind open source – to make material available to others to make material available to others to modify as they will and to create a modify as they will and to create a thriving space of interchange as people thriving space of interchange as people improve each others’ work.improve each others’ work.

Doesn’t only have to apply to software.Doesn’t only have to apply to software.

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Creative CommonsCreative Commons

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Creative CommonsCreative Commons The open source model has influenced other areas The open source model has influenced other areas

than software production.than software production. Creative Commons – a response to the increasing Creative Commons – a response to the increasing

grip of copyright law on cultural production.grip of copyright law on cultural production. Jamie Boyle (law prof. at Duke University) argued Jamie Boyle (law prof. at Duke University) argued

that we were facing a second “enclosure” of the that we were facing a second “enclosure” of the commons.commons. First enclosure in Scottish highlands and elsewhere at the First enclosure in Scottish highlands and elsewhere at the

end of the eighteenth century broke collectively owned end of the eighteenth century broke collectively owned common land up, and turned it into private property.common land up, and turned it into private property.

This inspired Creative Commons: an organization This inspired Creative Commons: an organization run by Boyle, Lessig etc, which seeks to stop this run by Boyle, Lessig etc, which seeks to stop this from happening again.from happening again.

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Enclosures of cultureEnclosures of culture Lessig and others argue that our culture is Lessig and others argue that our culture is

being enclosed – just as the Highlands were.being enclosed – just as the Highlands were. Examples: Examples:

Music sampling – forms of music production which Music sampling – forms of music production which rely on extensive sampling, such as hip-hop, are rely on extensive sampling, such as hip-hop, are becoming increasingly infeasible due to copyright becoming increasingly infeasible due to copyright law - cf Notorious BIG case.law - cf Notorious BIG case.

Movies – practically impossible for indie film Movies – practically impossible for indie film makers to include others’ work in their own (show makers to include others’ work in their own (show TV etc). Copyrighting of architecture.TV etc). Copyrighting of architecture.

Want to allow people to do the same things with Want to allow people to do the same things with culture as programmers do with open source culture as programmers do with open source software as an alternative.software as an alternative.

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Creative Commons and Creative Commons and open sourceopen source Creative Commons: seeks to borrow the idea Creative Commons: seeks to borrow the idea

of open source and apply it to cultural of open source and apply it to cultural production.production. ““Taking inspiration in part from the Free Software Taking inspiration in part from the Free Software

Foundation's GNU General Public License (GNU Foundation's GNU General Public License (GNU GPL), Creative Commons has developed a Web GPL), Creative Commons has developed a Web application that helps people dedicate their application that helps people dedicate their creative works to the public domain — or retain creative works to the public domain — or retain their copyright while licensing them as free for their copyright while licensing them as free for certain uses, on certain conditions. Unlike the GNU certain uses, on certain conditions. Unlike the GNU GPL, Creative Commons licenses are not designed GPL, Creative Commons licenses are not designed for software, but rather for other kinds of creative for software, but rather for other kinds of creative works: websites, scholarship, music, film, works: websites, scholarship, music, film, photography, literature, courseware, etc.” photography, literature, courseware, etc.”

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Creative Commons licencesCreative Commons licences Creative Commons allows people to generate a Creative Commons allows people to generate a

variety of basic licences.variety of basic licences. May make work public domain – i.e. allow people May make work public domain – i.e. allow people

to do whatever they want with it.to do whatever they want with it. Or make it free for further use Or make it free for further use only only for non-for non-

commercial purposes.commercial purposes. Or allow it only to be used with attribution to the Or allow it only to be used with attribution to the

original author.original author. Or only if no derivative works are created.Or only if no derivative works are created. Or only if derivative works are also part of the Or only if derivative works are also part of the

Creative Commons.Creative Commons. Etc, etc.Etc, etc.

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Creative Commons aimsCreative Commons aims Seeks like the GPL to use the copyright Seeks like the GPL to use the copyright

system against property rights in creative system against property rights in creative goods.goods.

Allows people to license their creations so Allows people to license their creations so that others can use them – but also (if they that others can use them – but also (if they want) to prevent others from commercializing want) to prevent others from commercializing them.them.

Can have the same ‘viral’ qualities as the Can have the same ‘viral’ qualities as the GPL.GPL.

Is being applied to a wide variety of cultural Is being applied to a wide variety of cultural work on the WWW and elsewhere.work on the WWW and elsewhere.

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GPL and cultureGPL and culture

An alternative is provided by the GNU An alternative is provided by the GNU Free Documentation License, which is Free Documentation License, which is applied to all Wikipedia entries.applied to all Wikipedia entries.

When someone modifies a Wikipedia When someone modifies a Wikipedia entry, or otherwise contributes entry, or otherwise contributes material, this material falls under the material, this material falls under the GFDL, so that others can then use and GFDL, so that others can then use and re-use it.re-use it.

Other non-Wikipedia resources, which Other non-Wikipedia resources, which have the same license, can grab have the same license, can grab material from Wikipedia as appropriate.material from Wikipedia as appropriate.

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WikipediaWikipedia Result – an online encyclopedia with over Result – an online encyclopedia with over

1,000,000 entries in its English language 1,000,000 entries in its English language version.version.

Has faults – some entries are badly written, Has faults – some entries are badly written, some have errors (Farrell’s law: the geekier some have errors (Farrell’s law: the geekier the topic, the more likely it is that the the topic, the more likely it is that the relevant Wikipedia entry will be accurate).relevant Wikipedia entry will be accurate).

But anyone who wants to can correct errors.But anyone who wants to can correct errors. Result: a very considerable information Result: a very considerable information

source available free (as in beer) and free source available free (as in beer) and free (as in speech).(as in speech).

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What we’ve talked aboutWhat we’ve talked about Origins – and nature – of open source Origins – and nature – of open source

softwaresoftware Beginnings of free software movement and GPLBeginnings of free software movement and GPL Move to open source – and why it is differentMove to open source – and why it is different

How open source is producedHow open source is produced Why it appears strange that people would Why it appears strange that people would

contribute to writing open source codecontribute to writing open source code LinuxLinux Effects of open sourceEffects of open source

Implications for market control.Implications for market control. Creative Commons: an extension of the open Creative Commons: an extension of the open

source idea to cultural products as well as source idea to cultural products as well as software code.software code.