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Using Closed Standards To Pay For Open Ones 371

An anonymous reader points to a story at NewsForge, writing "EGOVOS analyzes the recently passed South African OSS plan and proposes a great way to fund Open Source education and development until companies comply with open standards. Microsoft pays a 10% penalty until their products comply with open standards. That would be billions of dollars to Open Source to compensate for an unlevel playing field until it is leveled. All the policy guidelines for governments are worth reading. This looks like a workable plan from a credible group." Reader johndiii clarifies: "From what I have been able to see, the strategy document is 'proposed,' not 'recently passed,' and is not yet official policy of the South African government."
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Using Closed Standards To Pay For Open Ones

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  • by Anonymous Coward on Wednesday June 18, 2003 @02:01PM (#6235284)
    Support them in some form? What if Microsoft supports a standard, and then adds on it, thus requiring others to use the "enhanced" standard? Is that still compliance? What if some other OSS group wants to extend a standard to meet their needs? Would they be limited?
  • by Surak ( 18578 ) * <surakNO@SPAMmailblocks.com> on Wednesday June 18, 2003 @02:01PM (#6235285) Homepage Journal
    I'm conflicted. The open source advocate in my LOVES the idea of 10% of Microsoft sales to a government going to fund Open Source. The libertarian in me says this smells like governments interfering in with free market principles. HELP! I need a bunch of Slashdot users to tell me what to think! ;)
    • Comment removed (Score:5, Insightful)

      by account_deleted ( 4530225 ) on Wednesday June 18, 2003 @02:10PM (#6235366)
      Comment removed based on user account deletion
      • by ender- ( 42944 ) on Wednesday June 18, 2003 @02:39PM (#6235633) Homepage Journal
        1. MS would design and publish standards that are so nasty and obscure that even skilled coders would have a hard time making any sense of it. That would get them off the hook and still not achieve open standards.

        If that's what they want to do, fine because MS would then have to use those same horrible standards. This would have the affect of making their software too difficult for themselves to maintain and/or making people not want to use it if there is another commercial or OSS solution that uses better standards.

        2. The software industry as a whole would suffer. Open standards are nice for interoperability, but not so nice for new development. Most standards are not easily made extensible with any sense. If they are extensible that's a loop for MS to exploit. The bottom line would be that new development by MS or any other software maker would suffer. Additionally the OSS world will also suffer. Good things happen when new software is written to do new things. Using the blunt hammer of government to dictate how software works is not a good solution. As soon as government determines it can make MS conform to its technical "guidelines", how long will it be before individuals and not-for-profits are bound and regulated the same way?


        I don't think this is the way it would [should] work. It would force MS to use Open standards. Open standards CAN be made extensible. But once MS [or any other company] makes extensions to the standard, one of two things will happen. Either A) Said company will keep those extensions private thereby making their version NOT an open standard so they'll have to pay the 10% premium. Or B) MS will then make those extensions available to everyone else, thereby leveling the playing field which is the result we're going for in the first place.

        3. MS's customers will simply suffer an additional 10% or more price raise which they are still mostly required to pay. On the other end, myraid of companies will spring up to do OSS work, crowding out a lot of the good community that has sprung up. These organizations will suck up funding. The projects will also essentially be the same as commerical software projects minus closed source, and as a result software will follow commerical software trends - feature bloat, buginess, and using gimmicks to gain market share (and justify their continued funding).


        If MS raises their prices, then people will be even more likely to at least look at OSS for their solutions. And if more companies start going towards OSS then that's not a bad thing either, even if they do start introducing feature bloat etc. It'll be bloated/buggy OSS which someone else can then trim and debug it and sell it themselves.

        In the end I think this is a great idea that will benefit everyone, including proprietary software, as long as they at least use open standards.

        Ender
      • by Lumpy ( 12016 ) on Wednesday June 18, 2003 @02:40PM (#6235642) Homepage
        The software industry as a whole would suffer. Open standards are nice for interoperability, but not so nice for new development. Most standards are not easily made extensible with any sense.

        Huh? please tell me how simply publishing your file format for your new word processor would hurt you and make it difficult for you...

        Open standards... I.E. Tell me the frick how your files are saved from your program! It doesn't hurt, hell it don't even tickle. and it does nothing but help everyone.
        • Open standards... I.E. Tell me the frick how your files are saved from your program! It doesn't hurt, hell it don't even tickle. and it does nothing but help everyone.

          My first reaction to your comment was:

          "Maybe I don't want the files saved by my program to be opened by any other program. Don't like that? Then don't fricking use my program."

          Of course, it's not black and white (is it ever?) In a well regulated market there's usually a provision for the regulatory organism to keep tabs on the "dominant
      • I agree totally, especially #3.
      • by Arandir ( 19206 )
        Your third point is the most immediately compelling to me.

        Dealing with the government imarketplace" is a specialized skill that extremely few Open Source developers have. For example, Oracle was able to overcharge California millions because MySQL didn't even have the contacts to know that a bid was available. The people who know how to work the system are going to be the ones getting pieces of this new tax pie. And those people won't be Open Source developers.
      • Re:Deeply conflicted (Score:3, Informative)

        by homer_ca ( 144738 )
        "2. The software industry as a whole would suffer. Open standards are nice for interoperability, but not so nice for new development."

        There's a time and place for new ideas in software. It's called research and experimentation. Production data and especially public records in government should most definitely be stored in documented, standards-compliant file formats. To see why this is a good idea, see the Dead Media Project [deadmedia.org]. How many of your 20 year old computer files could you retrieve? Got an Apple II A
    • by Anonymous Coward
      Yes Free Market principles are nice but personally I believe in Free Force principles. In the Free Market anything goes except use of force. Use of force is restricted to the police and governments. This is an unfair restriction on those of us with large muscular families and/or big sticks. Our current military situation is basically communist! Those of us who create wealth pay for the army and then average joe work-a-day-loser gets defended by it! That's sounds like some kind of socialist scheme to me! Wha
    • How about the government 'supporting open source' by dicting to itself that os be used exclusively in the government?

      No matter what kind of a Libritarian you are, you must support some amount of tiny government. If the government wants to make an imposition, let it impose upon itself rather than the citizenry.

      Added benefit is the market shift government creates itself in doing what it is supposed to do, only with a different set of tools. Kinda like the government going metric but 'letting' everybody el
    • It's communism, basically. Luckily for you, the Open Source movement is largely composed of masses of unwashed GNU hippies, if I remember correctly from WIPO Troll's earlier postings..

      Personally, I believe a more effective levelling of the playing field would occur if everybody who owns a Mercedes had to pay me (and other disadvantaged individuals) a tax of 10% of the vehicle's value annually until we can all own a Mercedes. Software is nice, but you can't pick up babes in it.
    • You now think that this is an appaling idea.
      A totally free market doesn't really work, you'd only have one giant company running everything (MicroAOLTimeWarnerSoft) so you do need some limited government interference, but this proposal is just fscked.
      Heck, why don't we charge a fee on every copy of RedHat sold to give to Slackware, because they don't sell as many copies and we need to level the field. Or we could do like Canada* and tack a charge on CD-Rs, to be 'fair' to the RIAA, and then tax the RIAA on
  • That's great! (Score:5, Insightful)

    by Dashmon ( 669814 ) on Wednesday June 18, 2003 @02:04PM (#6235300)
    But who's gonna get the money? There's hardly one big open-source organisation entitled to all the money.
    • Re:That's great! (Score:2, Insightful)

      by WTFmonkey ( 652603 )
      That's a good point. The article says "lots of money to Open Source" (notice the caps) like it's a Open Source, Inc. or something. The other idea is one bigass bank account somewhere, and to get some funding you have to fill out forms in quadruplicate swearing on your left nut that you will use the money for development costs; then another large chunk of that money goes to verifying receipts, paying the accountants, etc. Hm.
      • by Fred IV ( 587429 ) on Wednesday June 18, 2003 @02:29PM (#6235533)
        Dear Sir,

        Although this letter will come to you as a surprise from someone you do not know before but it was based on recommendation from a friend who advised me to invest in your country that I decided to contact you and introduce myself . My name is Hassan Adedeji, I was a special steward to the late CEO of the Open Source Group in South Africa, Chairman Sanni Abacha who died some time in 2003 while in power. I have worked in this organization for the six years. It was a great opportunity for me to achieved what I got today which I believe God is asking me to write to you for your utmost assistance. I also believe that the same God will bind my words with you on trust. Amen.

        To be explicit, I have secured from Microsoft the sum of US$18.5million dollars and sent it out of the country during the time of the sudden death of the late CEO Chairman Sanni Abacha. The said amount was kept in the executive guesthouse for security logistics because of how the Open Source was at war with the SCO.

        At that point, there was power struggle in the country in which people in better and strategic positions made away with substantial amount of money which I was also lucky to secure what I declared to you with confidence that, you will not allow anybody to know or hear about it because it is highly confidential.

        I have a percentage for you in this transaction when you give me your words indicating your interest. I will also disclose more information to you such as the particulars of where the said money is kept and the certificate of deposit which shall be sent to you as well as other relevant document.

        I have inform the security company that I have a partner who will call to confirm the safety of the deposit. Please send a reply through the above e-mail box.

        Yours truly.
        Hassan Adedeji
    • Misappropriation.

      I mean really, it's a government we're talking about here. It's not as though governments (on the whole, and often in specifc) have the best reputations for money going where it belongs, even if where it belongs is easy to figure out.
    • There's hardly one big open-source organisation entitled to all the money.

      What about Software in the Public Interest [spi-inc.org]?

      From the home page:

      What is SPI?

      SPI is a non-profit organization which was founded to help organizations develop and distribute open hardware and software. We encourage programmers to use any license that allows for the free modification, redistribution and use of software, and hardware developers to distribute documentation that will allow device drivers to be written for their produ

    • by sharkey ( 16670 ) on Wednesday June 18, 2003 @02:47PM (#6235702)
      But who's gonna get the money?

      The Human Fund

  • Hmmmm (Score:2, Insightful)

    by Lane.exe ( 672783 )
    Good idea, but I don't think it's exactly legal to have a monetary penalty for companies who write proprietary/non-compliant software. You just don't buy their stuff, and if they want your business, they'll have to adapt or go out of business. So, switching to open-source might eventually force Microsoft to head that way, but charging them a fee for non-compliance with this policy is antithetical to an open market.
    • It is legal. Your idea of legal doesn't apply universally. No doubt, in South Africa and many other countries, this is totally legal. It should be done in the US too (and Europe) as a way to force M$ to comply with standards rather than break standards.

      • Re:Hmmmm (Score:2, Insightful)

        by Lane.exe ( 672783 )
        Microsoft still has the freedom to write whatever software they wish however they wish. Regardless of what SA does with their laws, Microsoft is a United States corporation, organized under US laws, and they do business (well, more or less) by the US model of open markets.

        Basically, you can't force Microsoft to comply with standards. That's unfair to them as a company. You can, however, just not use their stuff until it comes in line with standards on its own. Otherwise, you're just as totalitarian and ev

        • Sure you can force M$ to stick to standards. If they can't compete on quality, then they lose, they don't get to compete on lockout due to some bizarro and otherwise pointless perversion of a standard. Why is that hard to grasp or see? If they cannot compete on quality, then they deserve to eat sh*t. Breaking (communication) standards simply to lock out competitors and is not quality, it is leveraging their monopoly to try to lock in users INSPITE of quality.

          US laws are irrelevant. If M$ wants to sel

    • Re:Hmmmm (Score:4, Insightful)

      by WTFmonkey ( 652603 ) on Wednesday June 18, 2003 @02:11PM (#6235374)
      It is a bit like forcing Ford or Chevy to pay 10% of what they make to set up a fund for "independent" custom-car builders. Ask yourself, would that fly either?
      • It is a bit like forcing Ford or Chevy to pay 10% of what they make to set up a fund for "independent" custom-car builders. Ask yourself, would that fly either?

        No, it is more like saying that if Ford or Chevy don't use standard power outlets (cigarette lighters), so that only Ford or Chevy brand accessories will work in the car, then they have to subsidize other accessory builders adapting to the nonstandard power outlets...
  • by PhxBlue ( 562201 ) on Wednesday June 18, 2003 @02:07PM (#6235327) Homepage Journal

    That would be billions of dollars to Open Source to compensate for an unlevel playing field until it is leveled.

    That isn't leveling the field for open source, it's tilting the field unfairly in favor of open source. If the technology can't compete on its own merits, why throw good money after bad to support it? Of course, I think open source software can compete on its own merits, so this measure is redundant.

    It's just a high-tech double standard, and that leaves a bad taste in my mouth.

    • by jedidiah ( 1196 )
      The market is irrelevant.

      Governments need robust transparent data. Data formats that are primarily designed to create consumer vendor-lock don't deliver this. The idea is a just one but really is just a conservative variant of what really should be done.

      If a product's resulting data cannot be easily and completely translated into some public format, no government has any business buying that product PERIOD.
      • That's all well and good - and I don't necessarily disagree, even though Windows 2000/XP and Office are ubiquitous through the US Armed Forces for personal computer use. But there's a difference between a government saying, "We're only going to buy open source software," and saying, "We're going to tax closed-source software." There's good justification for the former; but there's no justification at all, IMO, for the latter.

    • You're exactly right.

      The basic idea is that people ought to be free to do what they want to do with their computers. I like Linux because it's been a great vehicle for pursuing that freedom.

      But using taxes and regulations to push people toward Linux will diminish the freedom we have to do what we want with our computers. It's like destroying a village in order to save it, it just doesn't make any sense.

    • Exactly. A company is free to build open or closed standards tools. You are free to buy them or not buy them.

      The market will eventually kill off the companies and tools that no one uses.
    • by Jungle guy ( 567570 ) <brunolmailbox-generico&yahoo,com,br> on Wednesday June 18, 2003 @02:24PM (#6235499) Journal
      And you are assuming that this money would go to open source developers. I bet that 50% would pay the infrastructure the government would need to collect the tax, 30% for "open source" projects created for the sole purpose of benefiting from the funding and 10% for corruption. That would leave real open source projects with only 10% of the money, make closed source programs more expensive to the consumers and create a new cadre of parasites that live from this tax.
      • And that of course, is only the start of the madness such a policy would bring.

        Bottom line, if you blanked out the words "Open Source" from this proposal, you'd see it for what it truly is - an effort by a special interest to get the government to tax its competitors and feed the revenues back to them. Blech!
      • Maybe, but the fine might cause enough hurt to encourage publicising of/complying with, (yes, that proper English!) standards..
    • Incorrect. (Score:5, Insightful)

      by abulafia ( 7826 ) on Wednesday June 18, 2003 @02:36PM (#6235606)
      This is a tax on not having an open format and wanting to sell to government.

      Doing that is very similar to a sin tax on cigarettes, say, which many governments do as well. It is a method of encouraging behavior that a government decides is desirable.

      One can certainly argue whether or not doing such things is a desirable function of government, but it is not just about tilting playing fields towards open source. It is about applying a tax to closed formats if they want to be involved with government.

      Also somewhat similar, say, to some fees charged by the US government when someone like Lockheed fails to produce documents by a certain date on a government contract.

    • The field is already unfairly titled. Lobbyists, lawyers and political donations all ensure that the merrits of software, be it open or closed, are a secondary consideration.
    • by rzbx ( 236929 )
      and your modded insightful?
      This is meant to keep open standards within government. If a company doesn't comply, then they get charged and the money goes to support OSS. Now, the money issue aside, fines for not supporting standards is a good thing. Imagine if people decided to make their own rules for the road. It is hard for any good software to compete against software that is using non-compliant standards which lock the entire system into that non-compliant standard. One of the biggest and most impo
  • Awful! (Score:2, Insightful)

    by pen ( 7191 )
    What an awful idea. Yeah, let's have the government decide what is better for the market, since the market obviously cannot decide for itself! *sigh* Having the mafia on your side does not make it a mafia any less...
    • Re:Awful! (Score:3, Insightful)

      by Telastyn ( 206146 )
      Well, generally governments are needed to step in to allow competition since with [anti-competative] monopolies a market cannot decide for itself... That said however, this is still an awful idea.
  • Two problems (Score:5, Insightful)

    by madro ( 221107 ) * on Wednesday June 18, 2003 @02:08PM (#6235337)
    1) Who defines which standards are open? (And will governments agree on what that means, or will a software company have to internationalize their interfaces to support one standard in one country and another standard in another?)
    2) Isn't this already happening in a less official way? If you're a non-US government, just mention Linux and you too can get a huge price break from Microsoft (probably even bigger than the 5-10% proposed non-compliance fee).

    It would be nice if governments that wrestle such price breaks from Microsoft turned around and used those funds to generate additional open source tools, but governments have a lot of competing needs to deal with, and the freed up funds are more likely to go to any underfunded services (and any government service is going to have defenders that say that their particular niche is underfunded).
    • Re:Two problems (Score:5, Insightful)

      by praedor ( 218403 ) on Wednesday June 18, 2003 @02:13PM (#6235399) Homepage

      What is open? Are you serious? There is a simple and well-layed out spec for HTML, XML, TCP/IP, etc, etc. Use them to spec and don't allow perversions that intentionally break intercommunication/interoperability. Or, if there is a compelling reason to break the nice standard, require that the addition/alteration be openly published so that the standard remains open and interoperability continues after the "improvement".


      It's really not that hard.

      • What is open? Are you serious? There is a simple and well-layed out spec for HTML, XML, TCP/IP, etc, etc. Use them to spec and don't allow perversions that intentionally break intercommunication/interoperability.

        XML is not a data format specification - it's a framework within which data format specifications can be built. Convert documents, spreadsheets, CAD files, and what-have-you to XML and they will be just as incompatible as ever.
        • Re:Two problems (Score:3, Insightful)

          by praedor ( 218403 )

          When I first heard of XML and documents, etc, I thought it was something like HTML, that is, if you write in standard HTML, then any compliant browser would see it just fine. I thought that if a document were to be XML, then any XML-compliant wordprocessor would see it/render it just fine. Then I learned what you mentioned about it not being a data specification...and it was totally lost on me why XML is of any value whatsoever. XML does nothing worthwhile the way HTML did/does. It does nothing worthwhi

  • silly (Score:2, Insightful)

    While this plan is just good economic common sense (tax the rich to feed the poor), I have to question its applicability in South Africa. These people need medicine, clean drinking water, and a strong police force, not software, be it open source or otherwise.

    Even if it passes, the government will probably be overthrown in another four months. A major victory this isn't.
    • As was pointed out, the South African government is not likely to be overthrown anytime soon, just because they are "African." And I do not know where you get the idea that they need a strong police force. They do have a major AIDS problem, and the foolish government is stopping access to drugs, but that does not mean they don't need software. It is a very strange argument, and you clearly know very little about the place.
  • I don't like this. (Score:5, Insightful)

    by Feztaa ( 633745 ) on Wednesday June 18, 2003 @02:09PM (#6235345) Homepage
    Stealing 10% from Microsoft just because they're Microsoft isn't a good thing, even if it is to fund Open Source. How would that level the playing field, anyway? Microsoft would still have revenues measured in billions of dollars, so what if the open source guys get some of their chump change?

    Microsft needs to fail as a business on it's own merits, not on the merits of extorting 10% of their money and using it to further the Open Source cause.
    • Just thought of something the second I hit submit -- imagine all of the anti-linux people (in a couple years from now, or so) if this plan were to go through: "Well, linux might be a respectable operating system, but they couldn't have done it without all that money they stole from Microsoft!"

      No, I don't like this idea at all. Let microsoft have their billions of dollars, it'll only give Linux a bad name. We can take over the world without it, thanks.
    • by spitzak ( 4019 ) on Wednesday June 18, 2003 @07:08PM (#6238080) Homepage
      This is not to fund open source. It is to punish a company for using a closed format. Microsoft could avoid the 10% tax by publishing enough code to allow other programs to read their stored data.

      Personally I feel this may be a very workable idea, superior to ones that have been done before:

      Mandating open source is definately a bad idea because it is anti-competitive. Like it or not, publishing your code as open source allows competitors to take it and work off your efforts, so such a mandate disallows some forms of software development for profit.

      Requiring "consideration of open source" just allows a beauracracy to rubber-stamp their purchases of Microsoft software. It helps nothing and may just employ more beauracrats.

      Requiring "open data formats" is an excellent idea as it would level the playing field to all companies (both closed and open) instead of the current Microsoft monopoly of being the only one able to write software that can be used to read the data. But it runs into the problem of Microsoft's existing monopoly. Basically a government cannot function if it is not allowed to buy Microsoft products because huge amounts of data is in Microsoft format, Microsoft can use this fact to make any such law impossible to pass, and this may actually discourage them from publishing anything, since any published format would increase the chances of such a law existing.

      This tax allows Microsoft software to be purchased so the government can work, but punishes it's use and gives both the buyers and Microsoft some incentive to switch to open formats. It is a usable verision of the "require open data formats" bills.

  • Sure (Score:5, Insightful)

    by Otter ( 3800 ) on Wednesday June 18, 2003 @02:09PM (#6235346) Journal
    That would be billions of dollars to Open Source...

    Well, it will be billions of dollars to somebody.

    I understand the appeal of reaching into someone else's pocket for money, but there are people out there far better at getting their fingers into every pie than open source developers.

  • by xant ( 99438 ) on Wednesday June 18, 2003 @02:09PM (#6235349) Homepage
    Is that they don't have to give a crap about your desire for Open Standards. They want to force Microsoft to give them a 10% discount, or they'll refuse to buy the product. Well, too bad. Because of the monopoly, they probably already own some of the product, they probably have a requirement to work with other Windows systems, and all Microsoft has to say is "neener neener". They'll buy anyway, because the reason for buying Microsoft products is very simple: they have a monopoly.

    It's a nice thought, but I don't think you can just give someone a level playing field, all anti-trust laws to the contrary. Ultimately, OSS has to stand on its own merits, or it's not a competitor, it's just an also-ran.
  • eGovOS: Clean Hands (Score:3, Interesting)

    by johndiii ( 229824 ) * on Wednesday June 18, 2003 @02:09PM (#6235350) Journal
    This article [linuxjournal.com] makes for some interesting reading. Are they really after Open Source? Or is the MS version ("Shared Source") their aim?
  • by Prince_Ali ( 614163 ) on Wednesday June 18, 2003 @02:09PM (#6235354) Journal
    This article should be moderated -1 Flamebait. The idea of forcing MS into following standards is absurd, and if it wasn't for deep anti-MS sentiment in the community here, this would have never been posted!
    • by pi radians ( 170660 ) on Wednesday June 18, 2003 @02:36PM (#6235604)
      The idea of forcing MS into following standards is absurd

      Why is it absurd? Car manufacturers have to follow certain standards. Architects have to follow certain standards. Television producers have to follow certain standards. In order for any market to be fair and competitive, there are certain standards that always have to be met. I think that if a company or companies require reliance on some software, there should be an assurance that the software is standardized.
      • When Microsoft does not comply with standards I do not fly through my windshield! Plus we are talking about different types of standards. If your meaning of standard was the same as the articles meaning of standard then a sitcom would be like:

        Action="enter set":Character="father"
        Action="misunderstanding " :Character="daughter"
        Action="hilarity ensues":Character="all"

        So that my television would be able to parse it without having to use a proprietary Hollywood studio to act it out.
  • by zptdooda ( 28851 ) <deanpjm@gm a i l . com> on Wednesday June 18, 2003 @02:09PM (#6235355) Journal
    From Hans Reiserâ(TM)s last answer:

    âWe should all keep in mind though that there aren't any hard core greedy evil people in our industry. They are all basically good hearted people who chose trying to create a better society as their life's work at a substantial cost in personal income. ... but there isn't enough money floating around to attract any genuinely bad folks into our industry.
    Not yet....;-)


    With change accelerating we canâ(TM)t even have a âoenot yetâ last through the day. I dunno, that wink at the end seems a little more evil than I recall two hours ago... ;-)

  • Define compliance (Score:5, Insightful)

    by stand ( 126023 ) <stan.dyck@ g m a i l.com> on Wednesday June 18, 2003 @02:11PM (#6235381) Homepage Journal

    The problem comes in on what definition of compliance you use. It's as much a legal term as a technical one. A notorious rat hole. How often to people around here debate the various browsers' html compliance? I don't think this would work.

  • by Da_Biz ( 267075 )
    I'm concerned about this idea on two fronts:

    1) First, this seems to conflict with principles of a free market. Without a doubt, Microsoft clearly has engaged in anti-competitive practices. But, aren't open source solutions at the point where it really is a viable option, if organizations take the time to implement it carefully?

    2) Second, wouldn't an organization like Microsoft merely jack up negotiated costs on software to accommodate for the "loss" of a percentage of sales for monies moved to fund open
  • It'll go something like this.

    1. Create entity to enforce open standards.
    2. Always state that M$ is non compliant.
    4. PROFIT!!!!!
  • Embrace and Extend (Score:3, Interesting)

    by IBitOBear ( 410965 ) on Wednesday June 18, 2003 @02:13PM (#6235405) Homepage Journal
    The real question is how wo would end up on the commity which determines whether Microsoft is
    "conforming" and how "bribable" they are.

    A good strong law that says "the government shall not store any data in any format that is not *completely* accessible via an open standard, and shall be enjoined from purchasing or using products that do not directly and naturally favor the open and publically defined means of storage, unless no such open product does exist..." make sense.

    Penalty taxes dont.

    Microsoft and similar have rat-ba^H^H^H^H^H^Hlawyers and marketroids who *live* to be so constrained so that when they are ruled "compliant" by whatever means they are then validated that ".doc format is as open a standard as can be, see where this government body said so"

    etc. od nausium, ahmen... 8-)
  • Hm.... (Score:5, Insightful)

    by Dark Paladin ( 116525 ) * <jhummel.johnhummel@net> on Wednesday June 18, 2003 @02:13PM (#6235406) Homepage
    OK, after thinking about it, here's my take on the thing.

    1. There is a part of me that likes the idea of "If you don't comply with the Open Standards, then part of your profit from your sale will go to finance a community that will." As it says, it levels the playing field. What would happen if the Open Office folks suddenly had $5 million to hire programmers and work on making Open Office better? How long until everybody supported XML based document formats that were all truly interchangable?

    2. The big issue. Who the hell gets to decide on what the "Open Standard" we like is? Oh, sure, everybody's got documents/spreadsheets in XML - but suppose we decide that some display feature available in one Open Source Office system is the "standard Open Document" and the other isn't? I've seen companies all the time declare they follow "Open" standards - when they control it lock, stock and barrel. (It's Open because you can bitch about it in public.)

    3. I don't mind seeing Government Money go into research grants that can then be used to finannce open source projects to fulfill XYZ needs, and the code/research being put under the GPL so everybody can use it (we're not going into a "Governments should GPL everything/no, they should BSD everything here - it's an example, thank you, move on").

    4. If they truly want to penalize a business for using proprietary standards, stop buying their stuff. You'll be amazed how quickly a business goes from "Well, we need to do everything under Novell eDirectory because Government Office XYZ does it" to "Well, Government Office ABC says 'no more proprietary', and they've stated LDAP is the standard now - so code to that." Trickle down from there - the companies that support government follow it, so the companies that support those companies follow it, and on down the line.

    So while the idea does make me go "Oh, yet - take money from the rich and give to the poor", I think there's better ways of going about it than "All your base [code] are belong to use!"
    • Re:Hm.... (Score:4, Insightful)

      by praedor ( 218403 ) on Wednesday June 18, 2003 @02:44PM (#6235682) Homepage

      It doesn't matter who or what decides on the standard. So long as it is an open standard that anyone can follow and therefore know that their document or system will properly communicate with anyone else, regardless of platform. The market would still end up selecting the most favored standard but since it is openly published for any and all to follow, without restriction, no problem.


      XML was decided upon as a format not by Open Office, nor M$, but by a separate standards body. Same with HTML. The standards were published so anyone was free to implement them and (the intention) know that it would be available to open/view/use by anyone else without problem.


      The word *.doc format would be fine, so long as M$ fully published its specs so that anyone else could write to or open that format. The power of word doesn't come from the *.doc format, fer shits sake, it comes from the usefulness of the suite - carried on the back of monopoly leveraging, of course. No one uses word because that *.doc format is just so damn compelling. ANY format would be fine. Just require open publishing of the spec, this automatically makes it available as an open standard.

  • [some bozo] proposes a great way to fund Open Source education and development until companies comply with open standards. Microsoft pays a 10% penalty until their products comply with open standards.

    Ooh, la de la, we all live in fairy-tale land.

    I think I'm going to propose a system where all of the fruit loops working on Python and Java all decide to work on Perl 6 instead! La-de-la!

    Oooooh, and I think that Dell should give 10% of their profits to Apple until they both have an equal share of the market
  • Do you really want Open Source to be regulated by a government agency? You actually want to become a government worker? I hear the pension and health insurance benefits are good, but most /. readers seem to be ardent opponents of big government/corporate entities.

    Microsoft wouldnt be the only one to be paying for this. There are a hundred other firms working on OS projects. I mean, come on guys, lets be realistic!

    And what's wrong with the situation as is? I like Linux's "underground movement" apect, it gi

  • by arf_barf ( 639612 ) on Wednesday June 18, 2003 @02:16PM (#6235429)
    I can see the comments already: unethical blah blah, free enterprise blah blah. Tell me this: what is a difference between the Gov bailing out businesses and industries (think Airlines in US, Banks in Japan) and this proposal?
  • This is not the way to handle funding open source. As much as I would love to take Microsoft down a notch or two, robbing from software companies to pay for the development of competitor's products is the worst idea since communism. Oh, wait, it is pretty much communism, isn't it?

    Let market forces decide who lives and who dies. If that is Microsoft, so be it. It is not government's place to support open source at the cost of other legitimate businesses.

    In fact, this could be about the worst thing that
    • Haven't we already determined that MS owns the playing field, and contrary to the ruling of the DOJ, has no intention of giving it up?

      If this truly was about a 'free' market - we wouldn't be talking about 'leveling the playing field', because monopolies like MS would not be allowed to use their market position to leverage monopolies in other markets.

      Unless you're okay with unfair business practice and the flouting of federal laws.


    • Agreed. 100% and totally. If it was Microsoft getting the favor, we'd all be screaming bloody murder.

      We'd all be pissed if there was a 10% tax on Free Software, right? Let's see, 10% of...oh yea. LOL

  • While government procurement policy should be neutral to ensure that governments do not introduce market distortions into the world economy, there should be an appreciation of the social benefits of fostering Open Source software development in a proper Open Source Government Policy plan

    Wonder what functions I will find in the "Social Benefit" API.

    This is industrial policy writ large... If we want to see the software industry go down the same path as the steel industry, this is the map to use.

  • OSS and Microsoft are playing on two different playing fields, and it is Microsoft not OSS that has the difficulties. Firstly, because OSS can deliver product functions that people want, while MS delivers product functions that create lock-in. Secondly, MS can't compete on matters of quality and security. Thirdly, cost to the end-user. Forthly, conformity to a world that demands more and more commoditization of products.

    Whenever I hear someone mention "10%" little bells in my head go off ringing "baksh

  • I think that the way that Transgaming and Codeweavers (Winex and Crossover respectively) manage revenue collection / open source application source generation is very intelligent. For a small fee, you get their 'enhanced' version of an open source program (wine), for which they get paid. In return, both companies contribute to the source of the main project with well bug-tested code. It may be a rev or two behind their 'pay' applications, but it allows the project to make great leaps and bounds being funded totally by commercial use.

    Personally - I have purchaced both and use them extensively to get to everything from Office 2000 to Diablo II working on my Linux boxes at home and work. I like that with Winex, I purchace a 'subscription' for $5 a month, which I can discontinue at any time, which only cuts me off from updating my binary.

    If Microsoft was willing to publish 'old' API suites for free (even ones for Windows 9x), it would be a step in the right direction. It would give the communities of Windows Application Developers a stand on the playing field for begining to develop stable applications in the new (XP / Windows 2003 Server) environment.
  • That would be billions of dollars to Open Source to compensate for an unlevel playing field until it is leveled.

    How can it possibly be an "unlevel playing field" when many OSS products cost $0? What that says is that OSS products are so bad in most cases that they can literally not even be given away. The playing field is very level. Either you pay a lot for closed software that works out of the box, or you pay $0 for something that requires a good bit of work. Closed source companies shouldn't eb pen
  • How Stupid (Score:2, Insightful)

    by Jim_Hawkins ( 649847 )
    Why should a company who profits from closed source software (Microsoft is not the only one) be paying for OpenSource software? This does not even make the tiniest bit of sense! If any company would comply to this, they would be shooting themselves in the foot twice. First they would be "taxed" 10% and then they would be supporting OpenSource.

    Stupid...dumb...idiotic...preposterous - those are just a few words that come to mind. The government should really leave businesses alone for the most part. Se

  • Many GNU tools violate POSIX in some way, for example! To find examples, grep the GNU documentation for POSIXLY_CORRECT. One example is GNU du which will display the size in kilobytes instead of blocks (1 block = 512 bytes), which is a much more useful display.

    Also, many open standards stink to the high heavens.

    And how do you differentiate between willful and accidental violation of a standard? Yeah, I know, you don't care as long as Microsoft has to pay ;-)
  • by AdamBa ( 64128 ) on Wednesday June 18, 2003 @02:24PM (#6235502) Homepage
    The South African proposal says "Where standards used when executing programs are made known, enabling users to develop complementary programs to provide inputs and utilise outputs, they are referred to as open standards.

    This is too simplistic a view because it ignores patent and licensing issues. Is PDF open? Is Flash/SWF open? Is MP3 open? Is MPEG open? All those formats are "made known", and users can develop programs...of course they may have to pay a bit or submit to certain restrictions.

    Now, ONE of the formats I listed there really is open. Do you know which one? I encourage you all to go to the Open Data Format Initiative [odfi.org] site and join the mailing list, where we are hashing out just exactly what an open format should be for government use.

    - adam

  • In fact, let's extend it some more! I've always wanted to open a fast food restaurant, Mcdonald's has such an unfair advantage due to their existing market share. Let's require Mcdonald's to pay 10% of their profits to people like me who haven't been as successful so far.
  • Ah, yes, lets take lessons about Equal Opportunity from South Africa... bwwwahhhhha ha ha!
  • Bad Move (Score:5, Insightful)

    by ShwAsasin ( 120187 ) on Wednesday June 18, 2003 @02:30PM (#6235551) Journal
    Although Open Source has it's benefits, this new law is not the way to advocate it. The world doesn't revolve around Microsoft, many companies would be affected by this. The average computer user doesn't care whether the source code is available or not, they want the program just work. This type of bullying is what Microsoft pulled for many years and got caught.

    If the author of the program doesn't want to show their code, they shouldn't be penalized for it. Furthurmore it will hurt the entire hobbyist/shareware movements which barely make any money to begin with. I hope this sort of communist approach isn't passed in North America, because both OSS/Closed-source programs have their benefits. The whole point of OSS was to have choice, not to have choice while penalizing the competition.
  • Think about it. Impose a 10% tax on software along with the administrative costs of collecting and passing on this money.

    You know what you'll see? A 12% increase in software prices. The government will be paying itself via the software companies minus a handling fee.

    I suppose the idea is to get the tax revenue from NON-government spending, but in that case you're increasing the costs of the businesses and decreasing their revenues and thus the tax base...

    I think the best thing is to have the governmen
  • Just like SCO... (Score:3, Insightful)

    by ClubStew ( 113954 ) on Wednesday June 18, 2003 @02:38PM (#6235624) Homepage

    This reminds me of the problems surrounding SCO: they can't stand on their own two feet, so they sue every major company to acquire *their* feet.

    I think this is an unfair move as I see others have already posted. Everyone knows that it's hard to make money off OSS (some of the questions to Hans Reiser asked about that) but there is no reason to penalize companies who can make money so that OSS can stands on *its* own two feet.

    Whatever your stance is (for or against OSS or Microsoft - and, hey, there are many others to be fair), it's hard to deny that this is a foul play in the world of free markets.

  • This is moronic. There is no way we should make someone pay for to help their competitor. Imagine being told that you have to give up 10% of your salary and give it to the intern, because he can't find a way to be profitable.

    Red Hat found a way to make money off of open source and everyone is mad at them for being the M$ of Linux. This is simply a case of goverment trying to control the free market, not the free market controling itself.
  • Ye Gods, how are they possibly going to deal with a 76% profit instead of a 86% profit on every copy* of Windows sold? It's a disaster I tell you.

    Much more pertinent would be the public flogging of any person who deliberatly produced a broken implimentation of an existing standard - for example HTML (IE), Signatures (OE), Mail (Outlook)... {cont pg 2-100000}

    *including the first BTW
  • We need a law! (Score:5, Insightful)

    by Arandir ( 19206 ) on Wednesday June 18, 2003 @02:40PM (#6235648) Homepage Journal
    When the typical person sees a problem they instinctively say "we need a law!" If this person is slightly more sophisticated they might say "we need a regulation, tax, fee, oversight committee, etc". But no matter what words they use, the typical response to a problem is an increase in government power.

    Is there a problem with the balance of FS and PS in the marketplace? Of course! But why must we instinctively rush to the government to solve the problem? We do we treat government as a god that we pray to for health, wealth and bountiful harvests?

    If there is a bad law then by all means it is proper to eliminate it via a good law. If the FS/PS disparity is due to bad law, then let's eliminate that bad law. If it's due to obsolete bidding rules then let's change the bidding rules.

    But this proposal doesn't do that. It's a prayer to the god'vernment to save the petitioner from the heathen proprietary hordes.
  • by Un pobre guey ( 593801 ) on Wednesday June 18, 2003 @02:41PM (#6235655) Homepage
    The playing field is not level? That is ridiculous. Open Source development has few obstacles from MS, and the SCO problem will be an unpleasant memory in a year regardless of the outcome. More important obstacles involve having us as users and developers participate in the Open Source process, and I am ashamed to admit that I have not participated.

    OSS is free, MS products are expensive. In principle at least, that is a tremendous obstacle for MS. The main problems for OSS today are 1) making an OS product that is easier to install, use, and maintain than Windows XP, and 2) make OpenOffice easier to use than MS Office, and able to easily share files with it. This has to be true for the most naive and computer-phobic users.

    Hello everybody! Those two conditions have not been met!

    The idea of giving OSS a multi-billion dollar enema is absolutely terrible. It will guarantee corruption, bureaucracy, and irrelevance. OSS will become the IT equivalent of a corrupt Third-World dictatorship. When that happens, MS wins again.

  • And this has about as much chance of success as that.
  • by SlipJig ( 184130 ) on Wednesday June 18, 2003 @03:24PM (#6236051) Homepage
    I didn't read the article very thoroughly, so take this comment with a grain of salt, but it seems to me that Open Source has little to do with Open Standards, except coincidentally. I could very easily write a closed-source application that implements an open standard, or I could write an open-source application that uses a proprietary data format.

    To me, these are apples and oranges and the article refers to the terms ambiguously. I'm all for government supporting open standards, but I'm leery of supporting a particular development methodology such as open source. Security though, IMHO, is a valid basis for supporting open source (due to increased peer review).

    One other question: who gets to determine whether a given software package "supports" a given open standard? I'm sure Microsoft would say that IE supports CSS 2, but that doesn't necessarily make it true. Likewise, there's probably always going to be something that somebody could use to say that it's not 100% supported. Seems to me there's a continuum here, and more definition is needed.
  • Is this Slashdot? (Score:3, Insightful)

    by kavau ( 554682 ) on Wednesday June 18, 2003 @03:38PM (#6236198) Homepage
    Tanj! I feel like I've suddenly been teleported into a different universe... here's a proposal that would simultaneously support Open Source and hurt Microsoft, while pushing the idea of Open Standards... and the whole idea gets ripped apart by the Slashdot Crowd??? Am I on the wrong website? In a parallel universe? Or are Slashdot readers capable of Unbiased Thinking after all?

    In any case, my tried-and-true simplistic worldview is shattered. And I haven't had my mid-afternoon coffee yet...

  • by 4of12 ( 97621 ) on Wednesday June 18, 2003 @03:39PM (#6236220) Homepage Journal

    The correct solution is to write the procurement to require that any and all software provide a complete specification of the data formats and the rules for display of data. Such a requirement seems reasonable in a governmental context where documents frequently have a lifetime longer than Word processing software. With the specs, future programmers would be able to decipher the important hieroglyphics even if the latest word processor won't.

    If Microsoft software doesn't comply with the degree of openness you require, then simply don't buy Microsoft software.

    That's all.

    Buying Microsoft software and then assessing penalties against MS would be blatantly unfair.

  • by crovira ( 10242 ) on Wednesday June 18, 2003 @04:12PM (#6236524) Homepage
    The government HAS to get the source code, while the source code can be kept from prying eyes and its just an insurance against the supplier going bankrupt and vanishing (think it can't happen, think what if Enron sold energy management software as well,) taking its software with it.

    The vendor can enter into non-compete agreements with the government and the code never gets out unless the vendor goes tits-up.

    The government HAS to get the file formats and they HAVE to be entered into the public domain. Otherwise interoperability is impossible.

    No compliance, no sale.

    Simple, clean and fair. No preferential treatments for anybody and no more shifting software base costing billions every year.
  • by swillden ( 191260 ) * <shawn-ds@willden.org> on Wednesday June 18, 2003 @06:16PM (#6237581) Journal

    ... althougth I'm sure to get flamed for my opinion. So be it.

    Why? Not because I'm an anti-Microsoft bigot, though in large part I am, and not because I'm an open source advocate, although I am that as well. The reason is because I believe strongly in the value of open formats and protocols. Open formats are valuable for the industry as a whole, but I think govenments have a *responsibility* to ensure that the documents they produce on the public's behalf not be locked up, beholden to one software vendor.

    Since open formats and protocols are so valuable, how is it that we don't currently force all our software vendors to publish their formats and protocols? Because the world at large hadn't realized how valuable they are (and perhaps we should thank Microsoft for that -- it's their abusive behavior that has made it so poignantly clear, even to less technical people). Given that we now realize it's important, how do we go about getting there?

    There are a few obvious options:

    1. Allow the free market to work, unhindered in any way.
    2. Mandate compliance.
    3. Allow the free market to work, but give it a desired bias.

    Option 1 is the purely libertarian solution. I'm fairly libertarian, so it's appealing to me. However, it will be a very slow-acting solution, because the current closed format options are so deeply entrenched. For a country like South Africa, though, there's another issue: Do they really want to export all that cash to the US?

    Option 2 is just distasteful. It's certainly going to be massively inefficient in the short run, and it's just plain wrong not to allow companies to at least attempt to compete with their CFP approaches.

    Option 3 is, of course, what they've proposed. It is slightly offensive to my small-government sensibilities, but it really is a small, measured interference. Unlike, say Affirmative Action, which affects companies and citizens and requires a significant bureacracy to oversee it, this only affects government purchases and should be trivial to manage. The idea of the government taking Microsoft's money and giving it to random groups of open source developers would be deeply wrong, and if that's what they're planning (the article doesn't say), then I'm opposed. But that doesn't need to be the case.

    In the short term, this action will increase government expenditures on software by 10%, which probably equates to a lot of money. That's a bad thing. In the long term, however, putting competition back into the picture will save them far more money. The competition isn't necessarily even OSS vs CSS -- if the government cat get OFP software, it doesn't matter if it's also OSS, because at least then other companies will be able to compete with the entrenched competitor, who will then be forced to compete on features and on price, as it should be.

    The slickest thing about this proposal is that, unlike, say, Affirmative Action, it phases itself out automatically as it becomes unnecessary. As more OFP software becomes available (whether OSS or not), the government will buy less and less CFP software, reducing the "taxes" paid in. Eventually, the government will be using all OFP software, whether closed or open.

    Here are some of the concerns I've seen in comments, and my responses:

    Who are the open source developers who will get the money?

    I think this one's easy to solve; the government should hire the developers and make them available to all of the government organizations, to build whatever kind of software is needed, with the caveat that all of the code will be open source. Why the requirement that it be open source, rather than just open format? Mainly because that way these developers can leverage the broad base of OSS that exists to make themselves more productive.

    This (a) provides a valuable service to the government organizations who can get nicely customized software that they otherwise couldn't get at all, (b) keeps that software m

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