Impact of Industry

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  • What role does industry play?
  • Who are the major players supporting open source and proprietary software?

Microsoft’s position of the the biggest player in the proprietary software market, is no longer threathened by its traditional commercial rivals, e.g. IBM and Sun Microsystems, but by a seemingly motley collection of free software tools and operating systems collectively dubbed "open source" software.

Unlike most commercial software, the core code of such software can be easily studied by other programmers and improved upon - the only condition being that such improvements must also be revealed publicly and distributed freely in a process that encourages continual innovation. From an operating system Linux to a web server Apache these open source programs are emerging not just as inexpensive but as more robust and dynamic alternatives to commercial software. Another major open source softwares with good reputation in the industry include also GNU Compiler Collection (GCC), Samba etc.

If open source software is reemerging as an important force, it is largely as a reaction against Microsoft itself. Competitors who themselves have seen their own proprietary alternatives sink under the Microsoft steamroller have suddenly seen alliances with open source software as a chance to halt the Windows monopoly. By itself, this alliance is unlikely to make open source software a real alternative to Microsoft and, more problematically, the opportunism of the alliance creates a whole set of tensions that need to be resolved for open source software to succeed.

  • Mixing of the open and closed source - effect on industry as whole, why firms want to do it?
  • Future of coexistence of Linux and Windows
  • What is the history of open source versus proprietary software?

The history of copyrights and licenses for software creation is relatively long considering the short lifespan of computers. In the post World War II era, the federal government of the United States funded a $3 million project at the Massachusetts Institute of Technology for researchers to create, share and innovate new software. This was the beginning of the fundamentals of OSS. It wasn’t until the development of UNIX in the 1980’s that a battle for standardization and proprietary software appeared. In order to settle on a standard for all government and university computer systems, the government granted a $500 million contract with Sun to provide their UNIX instead of other versions. Soon afterwards, Netscape and Microsoft were battling for the internet standard which opened the door for proprietary software. The government backed away from further involvement and with the internet boom, commercialization and proprietary software took over. Nowadays, open source advocates are growing as a backlash against Microsoft, including the creation of the free software movement.

References: http://www.netaction.org/opensrc/future/return.html http://en.wikipedia.org/wiki/Open_source_software

  • What are the implications of open source on intellectual property rights?

The increasingly fast evolution of information and communications technologies has placed enormous pressure on the Intellectual Property legal regime throughout the world. The traditional schemes of protection of copyrights, trademarks, patents, software, databases, and so forth seem less well-suited to solve many of the problems faced today by governments, businesses and citizens throughout the world.

One of the major challenges that software industry faces is the open source software. The open source movement presents both opportunities and challenges within the intellectual property context. Nevertheless, the intellectual property regime related to open source software, is not altogether clear. Arguably, open source software is as much about the licence as it is about the development methodology. Well-known licences such as the GNU General Public License (GPL) and the GNU Lesser General Public License (LGPL) have well defined conditions for contribution of code to the ongoing development of the software or the incorporation of the code into other packages. However, doubts have been raised about the legality of such licenses. Likewise, some purported rights-holders in the chain of title to important open source code have challenged end uses of the technologies on intellectual property grounds, most prominently in the case SCO v. IBM, pending in the United States court system and which could have implications for open source software development projects around the world.

http://www.oss-watch.ac.uk/resources/tips.xml http://www.oreilly.com/catalog/opensources/book/toc.html http://opensource.org/advocacy/case_for_business.php

  • Who sets the policy (regulations) that manages creation of software?
  • Problems of monopoly in case of closed source?