Saturday, January 29, 2005

The Linux jihad against SUN

So OpenSolaris is out and its struck a raw nerve in the most unlikely community. Linux!!. The new opensource Bin Laden is not ex and current monopolies IBM and Microsoft but the company that created the open systems space in the IT industry - Sun Microsystems. The GPL and linux folks are suddenly feeling the heat on both the technical, intellectual and moral leadership that they had staked out. SUN has taken the legal jujitsu GPL performed for copyrights and extended it to the realm of software patents via the CDDL, a license bundled with a patent grant that seems to have actually achieved a successful legal tightrope act between the extremes of GPL open sourcing and proprietary commercial software development.Current use of opensource esp. GPL in IT has a very nod nod wink wink character to it. What CDDL provides is a sounder operational and legal framework to the use of opensource in corporate IT. Sun is obviously hoping its OpenOffice magic will work for OpenSolaris as well.

Sun has taken a 500 million dollar investment in bleeding edge OS technologies and opensourced it via OpenSolaris. Linux supporters see its existence as a life and death survival issue for their OS since it undercuts (and some would argue goes beyond) the economic , legal and free(as in libre) benefits offered by Linux today. Some of the FUD coming out of the Linux community would have done the Microsoft Get the facts campaign proud. Its one thing for usual trolls to declare their faith on slashdot or for /. editors to drive up page views by portraying conflict where none is needed, but when the intellectual leaders of the community such as Bruce Perens and Linus get into the FUD act, it signifies a moral climbdown that should have Bill Gates rubbing his hands in glee. I guess you become your enemy is a truism that is fascinating to watch as the Linux community led by Red Hat adopts Microsoft's 'take no prisoners' ,'cut off the air supply' scorched earth FUD policy against SUN. All very curious since Michael Tiemann Red Hat CTO is the vice president of OSI which approved the CDDL license.

Sun has always had a Lone Ranger attitude in the IT, going against conventional thinking, pundits, Wall Street analysts, and competitors. Whether it was RISC workstations in the 80s, Unix servers(at a time when IBM, HP et al were preaching the Gospel according to Bill Gates) in the 90's, multicore/mulithreaded Niagara chips( instead of Ghz mania) for next generation processors, Java in application development or taking on Microsoft legally(and winning) they've stood their ground no matter how irrational it seemed to everybody else. A lesser public company would have succumbed and changed course in short order long before the vision translated to reality.

Fortunately for SUN management its board, investors and technologists seem to have the same contrarian streak in them. Next to Apple, SUN has one of the most fanatic user communities in Solaris and Java. It has resulted in Java becoming the defacto standard in corporate IT and mobile development. It should be interesting to watch how the OpenSolaris move plays out. Based on their past record I would not bet against them.

15 Comments:

Anonymous Anonymous said...

This is all rather unkind. The reaction of the (monolithic?) Linux community isn't ungrounded, here. Bruce Perens and others (myself included) don't really care that Open Solaris is licensed under CDDL so that there can't be an interchange of pieces between it and Linux.

The real problem is software patents. The vast majority of software has always been written by in-house developers. When all it takes is a computer and a text editor to write software, why not write it? But the US PTO has been granting exclusive rights over ideas in software development willy-nilly, despite the great difficulty in demonstrating that no one ever used this or that technique before, and despite the 2-3 million dollar average cost of defending against a patent suit or overturning an improperly granted patent.

When there are 150,000 - 300,000 software patents on the books, it becomes almost impossible to write and distribute software without being in nominal violation of somebody's software patent. This is what is so exceptionally objectionable to the Linux crowd.

If you don't want your code mingled with Linux, that's perfectly fine. We don't want our kernel's code co-mingled with FreeBSD, by and large. No problem there. But when you take the corporate position that software patents are the bee's knees, and make public comments to the effect that, boy, you just can't trust Linux because the Linux community doesn't have its own large patent body to defend itself with, there does become a problem.

When you pretend publicly that you are making a great show of donating your patents for Open Source development when in fact what you mean is that you are donating your patents to people contributing to Open Solaris, the transparent disingenuousness of the spin does become a problem.

Or at least, a bit much to take.

3:47 PM  
Blogger webmink said...

This post has been removed by a blog administrator.

6:28 PM  
Blogger webmink said...

"Unkind" is a great (and understated) summary of the attitude that the leaders of the GPL part of the open source communities have towards Sun. Sun is no advocate of software patents, but can see the problem stated here that "GPL in IT has a very nod nod wink wink character to it". The truth is that IP ownership is the elephant in the kitchen for open source and the GPL community can't fix it without forcing everyone to use the GPL - which is just not going to happen.

Sun is making sure it's not an issue for any project Sun or anyone else starts under CDDL (Sun's patents aren't just for use with OpenSolaris - they are for anyone who will make the same commitment to address that elephant by using an elephant-aware license). Sun's not pretending to fix it for everyone as fixing it involves a license that addresses the problem fairly for all.

Of course, saying this in the community draws fire from those who fear that tricksy Sun is after the Precious. So denounce me for "not getting the GPL". The elephant isn't leaving. You can try denying that CDDL is an open source license but doing so implicates the failure of OSI to deal with the elephant. You can try to claim IBM is the saviour but frankly they are just gaming you while they feed the elephant. Or you can perhaps blame Sun for pointing out the elephant and demonstrating a partial solution to it, so it can't be ignored any more. But accusing Sun of creating the elephant is "unkind" in the extreme.

(v 1.1)

6:50 PM  
Anonymous Anonymous said...

The truth is that IP ownership is the elephant in the kitchen for open source and the GPL community can't fix it without forcing everyone to use the GPL - which is just not going to happen.You're not talking about 'IP ownership', here. The GPL is based on copyright, which falls under 'IP ownership'. The GPL has no more or less problems with copyright than CDDL does. (Or if it does, someone should be explaining that loud and clear, rather than making insinuations). Instead, you're talking about software patents.

Software patents aren't necessary for open source.. it works fine without them. Sun is free to pore over Linux's GPL'ed Kernel and take whatever inspiration or information Sun desires in crafting its own software, so long as the inspiration doesn't cross the line into direct copyright violation. Given that copyright violation is only found when there is duplication of non-functional creative elements, this is rather a difficult threshold to run into difficulty over. The sure-fire way of getting into difficulty is by adopting the Linux Kernel en masse and distributing it in violation of the terms of the GPL, but if you don't do that, you are free to learn and reuse ideas from the Linux kernel.

Now look at Sun's position with the CDDL. You are implicitly threatening suit with 1600 software patents for code that is not licensed under the CDDL. If you're not threatening suit, then the grant to CDDL licensed software is meaningless. So you are threatening suit over the use of those ideas. That's a very different matter than the GPL/Linux Kernel case, and it's unkind as well as unfair to publicly pretend shock that anyone would have cause to take objection to the implicit threat.

For the rest of your comment, you're accusing me (I presume you're trying to address my points) of things I didn't say. I didn't read the deleted comment, so perhaps I'm confused as to who you are responding to, but I never said that CDDL wasn't open source. I never accused Sun of creating the software patent mess.

Finally, you wrote

Sun is making sure it's not an issue for any project Sun or anyone else starts under CDDL (Sun's patents aren't just for use with OpenSolaris - they are for anyone who will make the same commitment to address that elephant by using an elephant-aware license). Sun's not pretending to fix it for everyone as fixing it involves a license that addresses the problem fairly for all.The CDDL was based on the Mozilla Public License, with the exception that the phrase explicitly allowing integration into GPL'ed software was removed. Is the Mozilla Public License not fair, because it doesn't address the elephant? It seems that the main purpose of CDDL is to be a license that is different from MPL/GPL, so that Linux cannot cherry pick from Solaris. That's certainly Sun's right, and more power to you, but the problem that CDDL is fixing (over and above what MPL or GPL does) is that Linux is threatening to reduce the importance of Solaris.. not the general problem of software patents. CDDL may address the elephant of Sun's software patents, but it doesn't address IBM's, or Microsoft's, or anyone elses.

And if there are indeed 150,000-300,000 software patents in effect in the United States, that's a whole lot of elephant left undealt with by CDDL.

-- Jonathan Abbey, jonabbey@ganymeta.org, the previous anonymous poster.

9:28 AM  
Anonymous Anonymous said...

Let me also say that I do appreciate CDDL and what Sun is doing, as do many in the Open Source community. Certainly PJ on Groklaw has been clear in her praise of CDDL for the length to which it does go.

I think this original post hit a nerve with me at the implication that 'GPL in IT has a very nod nod wink wink' character to it, as well as the shocked! shocked! reaction that the Linux community might look upon what Sun is doing as somehow different from what the Linux or BSD communities themselves are doing.

I've been using GPL software on Sun systems for 15 years now, and it has made your systems much more useful to me and to my organization. That extra value has gone right back into additional purchases from Sun over the years, and I never heard any of this 'GPL in IT has a very nod nod wink wink' stuff before. I've spent 7 years developing GPL-licensed software in Java that helps make networks of Sun systems more useful and easy to manage (http://www.arlut.utexas.edu/gash2, I'm not speaking for UT Austin in my comments here), and I've
not heard this nod nod wink wink stuff.

I understand the instinct to rant, but if Sun feels the GPL is illegitimate, then Sun should have been saying so for years.

Jonathan Abbey, jonabbey@ganymeta.org

9:51 AM  
Blogger David said...

In response to the various threads I've seen on this topic, I've written about the real culprits (or shall I say elephants). Please see http://blogs.zdnet.com/BTL/index.php?p=1002.

David Berlind
Executive Editor
ZDNet

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