This post was actually meant to be a response to a journalist who asked what I thought about the February 2008 announcement by Microsoft on their "Strategic Changes in Technology and Business Practices to Expand Interoperability". To put into context, this was released on Feb 21st, the weekend before the BRM, so it was not particularly on my mind at that time.
In March, I got a call from the journalist to comment on this issue because they were going to feature it as Microsoft Malaysia was going to make a big re-announcement or something. I gave my thoughts, but never saw the light of day of my input, so I guess its now safe to post my comment.
Groklaw has an extensive list of quotes from far more qualified industry experts, but very few posts as end users from a developing country.
To recap, the announcement is Microsoft's promise in:
- Ensuring open connections to Microsoft’s high-volume products.
- Documenting how Microsoft supports industry standards and extensions.
- Enhancing Office 2007 to provide greater flexibility of document formats.
- Launching the Open Source Interoperability Initiative.
- Expanding industry outreach and dialogue.
I have personally experienced #5, however we have yet to see progress with #1, #2 and #3. #4 however is the most interesting for me. I mean "Open Source Interoperability Initiative". That sounds great! Does this mean that Microsoft is opening up to the Open Source was of doing things? I hope so!
Unfortunately its not the case. The transcript of the Press Conference on this announcement reveals the rather major pitfalls (my emphasis):
BRAD SMITH: On the other hand, with respect to companies that are engaged in
commercial distribution, or use internally, there is a need to obtain a
patent license where there are applicable patent rights, and we're
committing to make these patent licenses readily available. Novell
already has an agreement with us that covers all of these patent
rights. Some other companies, such as Xandros and others, also have a
patent license. So they've already addressed all of that, and their
users are already addressed. With respect to other distributors, and
users, the clear message is that patent licenses will be freely
available.
STEVE BALLMER: Patents will be, not freely, will be available.
BRAD SMITH: Readily available.
STEVE BALLMER:
Readily available for the right fee. The basic economic analysis that
you should go through sort of goes like this. We have valuable
intellectual property in our patents, we will continue to view that as
valuable intellectual property in all forms, and we will monetize from
all users of that, not all developers, but for all users of that
patented technology, all commercial developers, and all commercial
users of that patented technology.
We also have trade secret
information, which we will continue to protect, with the exception of
some important trade secret information in the interoperability realm,
which we will still value, but we will make available free of charge,
so that people can do appropriate interoperability. So from an economic
perspective you could say, in some senses, we're opening up. Yet, at
the same time, we retain valuable intellectual property assets.
On reading the official announcement properly, this is clearly stated:
Microsoft is providing a covenant not to sue open source developers for
development or non-commercial distribution of implementations of these
protocols. These developers will be able to use the documentation for
free to develop products. Companies that engage in commercial
distribution of these protocol implementations will be able to obtain a
patent license from Microsoft, as will enterprises that obtain these
implementations from a distributor that does not have such a patent
license.
In a nutshell, they are saying that they will not sue "hobbyist FOSS users and developers" but they will sue FOSS distributors and enterprise end-users who fail to obtain a patent license from Microsoft. This is no bogey man. Its quite clear in the announcement, and the BSA is pretty active in Malaysia, not hesitating in sueing end user companies.
So here is my response as an IT Manager of a local manufacturing company:
As an Free and Open Source Software (FOSS) user in both work and play,
I am happy that Microsoft has yet again reiterated their intention to
move towards a more interoperable world. According to this initiative,
they only provide covenants to FOSS developers for "non-commercial"
distribution of implementations of these protocols. For customers of
FOSS services, their local enterprise level support may require
licensing issues, and this may hinder the local ICT growth of the FOSS
ecosystem.
Will each reseller have to 'license' from Microsoft
Malaysia? Additionally, this threat to sue in Malaysia may be moot, as
software patents registered in the United States is not recognised here
in Malaysia. There is therefore no case of infringing any 'Intellectual
Property' of this type in countries outside of the US (except for
Singapore, Japan, Australia and other countries who have signed on to
the US-FTA agreements). Software Patents are vastly different to Copyrights.
As such, this is much of the same rhetoric we have heard from
Microsoft since 2003, and I hope that they will show true initiatives
of interoperability by adopting more open standards like CSS/HTML,
which they recently have in IE8, and hopefully also the ISO 26300 standard in
OpenDocument Format in their office productivity suites.
What is sad about the Microsoft situation is that they seem to want to open up, but their reasons for opening up are not for the right reasons. This halfhearted approach shows in these 'so-called' initiatives. It is also evident that the reluctance to open up is not from upper management at all. Notice how Ballmer corrects Brad Smith. It appears that the vision of the CEO is not shared with the rest of the organisation. One side really needs to correct the other and re-align to better reflect the trends of today.
Here was a golden chance for Microsoft to gain some precious goodwill with the Open Source Community. Instead they botched it up just like they did before, again and again, cementing their reputation as the biggest and baddest anti-FOSS company in existence today.
How many other companies out there have such a anti-FOSS policies? Which company can be so unfriendly to their end users who prefer more choice? Why threaten when you should coax?
Anyway, that was my 2sen 3 months on. Every year Microsoft announces a new initiative for Interoperability. Hopefully next year they take genuine steps towards this goal and not just bandy about this rather overused term.
[Update: 1:20pm May 21st.
Here were Ditesh's quotes, as an Open Source Developer, on this matter.
"Microsoft's Interoperability Initiative is geared to ensure that software (open source or otherwise) run well on Microsoft platforms. It is important to view this in its correct perspective: there has been very little effort from Microsoft to ensure its own software runs well on competing platforms. In other words, this initiative locks down users to Microsoft platforms instead of offering true interoperability which puts users and customers in charge by offering them choice and flexibility.
Interoperability must always been seen as a two way street, and history has taught us that true interoperability only works to the benefit of all members of the software industry when it is based on existing industry accepted open standards. Unfortunately, Microsoft has decided not to pursue this with their initiative and has chosen a very restrictive approach that does not benefit the overall software industry.
My second observation is that Microsoft's initiative seeks to bar open source developers from participating freely and openly in their program, as Microsoft is insisting on its protocol patents and that open source developers cannot engage in commercial development.
Firstly, no interoperability program should ever mandate that developers desist from developing and distributing commercial programs. Such a mandate would be a death-knell to the software industry and it clearly only benefits Microsoft. Any attempt to stop competition in the market by insisting on non-commercial development, as Microsoft's initiative seeks to achieve, will have extremely harmful and lasting effect on the industry as a whole.
Secondly, software patents have been rejected soundly in many countries (most stunningly in the European Union) due to the chilling effects it would have on the software industry. In fact, there has been studies showing evidence of the harm of software patents to the industry. As such, any initiative that insists on software patents will simply fail over the long term as the industry will reject initiatives that result in monopolies that hurt overall industry growth prospects."
]
yk.
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