open source software: recent and future changes, challenges, and conundra henry w. (hank) jones iii...

Open Source Software: Recent and Future Changes, Challenges, and Conundra

Henry W. (Hank) Jones IIIIntersect Technology Consulting -and-Law Office of Henry W. Jones, III Austin, Texas, USASoftware Technology Forum, von Neumann Society, Budapest, Hungary7 April, 2005

Copyright 2004 Henry W. (Hank) Jones III Esq. All Rights Reserved 2

Today’s Scope & Agenda

1. Orientation and Perspective2. Scope Today3. Themes4. Briefly, What Was Open Source Software?5. Briefly, What Is OSS Now?6. What Is Changing in OSS?7. What Are Key Risks for OSS Users &

Advocates?8. Briefly, What Are OSS Management Best

Practices?9. Briefly, “Homework” Resource Suggestions10. Q&A


1. Orientation for Me: Audience OSS Experience?

Your Role(s) re. OSS? OSS Development Fluency Now? OSS Product Management Fluency Now? Audited Your Company’s OSS Usage? Audited Any Supplier’s OSS Current Usage? Audited Any Business Partner’s OSS Usage? Know An “Awkward OSS Surprise” Story? Deployed OSS Policy? Upgraded OSS Policy?


2. Scope: Out Of Scope Today

Which Linux Distribution is Best? OSS Quality/Maturity Debates OSS Total Cost of Ownership Debates OSS Security Debates Particular OSS Admin./Operations/Tools “Open Standards” Challenges Older “Software Law” Riddles: “Mandatory

Licensing”; “Patent Pools”, “Look & Feel”, “Clean Rooming”, etc.


3. Themes for Today (Learning About OSS Through Global Literature and Music)

Tristan und Isolde ¿Es la vida el sueno, o el sueno la vida? “/What a long, strange trip it’s been/” Do we “know jack” about OSS variations,

trends, vector speeds, and impacts? Who is “feeling the heat” from OSS?


3. Themes: Do You and Your Contacts Really “Know Jack” Now About OSS Strategies and Processes?

Does Your or Your Contacts’ Worldview(s) Assume Precise Planning, Personnel Following Corporate Mandates, “Six Sigma,” “Command-and-Control,”

and Other Older Corporate Traditions?


3. Themes: Do You & Your Contacts Really “Know Jack” Now About Newer & Varying OSS Product

Development Styles & Distribution Channels?

Can Your New Software Development Projects and Products Thrive and Survive Without Harnessing That

Rebellious, Creative, “DIY” (Do-It-Yourself) Spirit of Innovative, Independent Engineers

and the OSS Movement?


3. Themes: Who Is “Feeling The Heat” From The OSS Movement? –

Just New-Style, Bleeding-Edge, Pure-Play OSS Vendors, or Everybody?


4. What Was OSS, Originally?


4. OSS “Definition”: Key Attributes

Disclose Raw Materials, Design, and Other “Internals” (Source Code)

Let Customers, Resellers, and Everybody On The Planet See and Comment

Permit Changes by Everybody Permit Further Redistribution by Everybody Share and Share Alike; Give-Back; “The

Commons” Big Caveat: Approaches, Assumptions,

Vocabulary, Licenses, and Politics Vary Widely!


4. OSS Potential Benefits

Free (No Charge) (Code, Not Services) Source Code “Freedom” (i.e., Availability = Ability

To Customize) Ability To Assess Quality (In Theory) Increased Speed To Deployment? 24/7 Global “Community” To Debug/Improve Attracts Tech Talent (“Coolness” Factor) Long-Term I.T. Architecture/Planning: Less

Vendor “Lock-In” Evidence of Innovation? Buffer to Offshoring/Outsourcing? Favorable Marketplace Perceptions?


4. What Was OSS?

Better Software Development Methodology? Customer Budget-Saver Customer Tool: Avoid Vendor Lock-In Individual Programmers: Skill & Career

Development Path Vendors: Speed To Market: New Competitive

Accelerator? Global Commerce: Another Impact of the

Robust Public Internet


4. What Is OSS Called Recently, In Business?

Clayton Christiansen (Innovator’s Dilemma) “... The development of open-source software is

increasingly dominated by corporate interests … to make money.” - BusinessWeek online 8/13/04

“Open source’s influence is far greater than its current market share … might suggest” - Fortune magazine 4/6/04

“Open source continues to surge …” “Tech Trends to Watch in 2004”, Fortune 12/30/03 “… a broader issue that will not go away: how to

manage the meeting of two worlds of programming. ...”

New York Times 6/14/03


5. What Is Open Source Now? New Design/Development Methodology New Career Path for Programmers New Set of Software Products and Suppliers New Worldview New Way Customers Save Costs New Impact on Pricing New Set of Ambiguous Licenses Tangle of New Intellectual Property Issues New Educating of Customers/Prospects New Training For R&D Folks & Execs. New Disclosure, Compliance, & Risks New Business Model


5. Key OSS Attributes: Who Is Doing It Now? No Longer Just Geeks & Radical Specialty Vendors Heavy Hitters: IBM, C.A., H-P, Sun, PalmSource,

WebMethods, Apple, Novell, Sybase, SGI, etc., etc. Re-Purposed Older Proprietary Products

Wall St. Journal 7/8/04: “More Old Software Is ‘Open Sourced’ ”

New Competitor Category: Non-Profit Foundations Even Microsoft Does It Your Company Already? (Your Employees?) (Are

You Really Sure?) Your Suppliers? (Are You Sure?) Your Business Partners? (Are You Sure?)


5. Key OSS Attributes: How It’s Done (Generally)

Open Prior Technology and Product Plan Secrets To Market & All Comers

Open Decision-Making Visibility To Participants Open Decision-Making Inclusion To Some

Participants (Varies) Grant New Rights To Recipients (Varies!) Caveat: Lots of Variation, Confusion, &

De Facto Fluidity, Plus Recent Explicit Experimentation


5. What Do OSS Activities Look Like Now?: One Actual/Historical View


5. Open Source Technology Map: Note Steady Progress Now To Legitimization and Mainstream

Note: 2 year old survey data shown, so shift each box right two clicks!


6. OSS Changes: How Is OSS Being Developed These Days? (Tools & Processes)

“Anarchy Subsiding”?: Trends Toward New Disciplines, Disclosures, & Quality?

Changes: New Testing/QA Discipline (Varies) Changes: New “Provenance” Concerns (e.g.,

“Contributor License Agreement”) (Varies) Changes: Better Version Control Tools? Changes: Assigned Salaried Corporate

Employees, Not Just Volunteer Anonymous Geeks

Changes: Vendors Pitching “Professional” OSS


Software engineering & related disciplines (academic view)

Computer Science

Computer Engineering

Software Engineering

Information Systems

Management Sociology

Psy

chol

ogy

Eco

nom

ics

Excerpted from November 2004 IEEE SIGSOFT slides Crowston, Howison and others

OSS Participants (1 View)OSS Participants (1 View)

Active Active UsersUsers

Inactive UsersInactive Users

Developers/ Developers/ LeadersLeaders

Initiators/ Initiators/ Owners/ Owners/

Core DevelopersCore Developers

ContributorsContributors

{CommunityCommunity

Software: Software: - Source Code - Source Code - - Binary Files Binary Files - Documentation - Documentation ArtifactsArtifacts

Henry W. (Hank) Jones, IIIIntersect Technology Consulting & Law Office of Henry W. Jones, III2002 Mountain View Rd., Austin, TX 78703 [email protected]

Illustration is Figure 1, titled “A Very Abstract Picture of an Open Source Project”), from Crowston, Kevin and Howison, James (2004) “The social structure of Free and Open Source software” (University of) Syracuse FLOSS research working paper, available at http://floss.syr.edu (and at http://opensource.mit.edu)

mailto:[email protected]

http://floss.syr.edu/

OSS Participants (Speaker’s View)OSS Participants (Speaker’s View)

Active Active UsersUsers

Inactive UsersInactive Users

Developers/ Developers/ LeadersLeaders

Initiators/ Initiators/ Owners/ Owners/

Core DevelopersCore Developers

ContributorsContributors

{““Com-Com-mu-mu-nity”nity”

Software: Software: - Source Code - Source Code - - Binary Files Binary Files - Documentation - Documentation ArtifactsArtifacts

Henry W. (Hank) Jones, IIIIntersect Technology Consulting & Law Office of Henry W. Jones, III2002 Mountain View Rd., Austin, TX 78703 [email protected]; derivative additions 2005

Original illustration is Figure 1, titled “A Very Abstract Picture of an Open Source Project”), from Crowston, Kevin and Howison, James (2004) “The social structure of Free and Open Source software” (University of) Syracuse FLOSS research working paper, available at http://floss.syr.edu (and at http://opensource.mit.edu)

ImportantImportantInfluencers:Influencers:- Employers of Employers of ContributorsContributors- Customers / Customers / UsersUsers- CompetitorsCompetitors- Management Management GurusGurus-Tools ProvidersTools Providers- InvestorsInvestors- GovernmentGovernmentRegulatorsRegulators- Others- Others


http://floss.syr.edu/


6. OSS Changes: Tech Industry Impacts:Revenue Impacts Are Emerging & Accelerating

Microsoft’s S.E.C. Filings “Is open source essentially a disruption that will

cause the software business in general to be less profitable 10 years from now than it is today?”

quoting Ballmer, “Low Prices And High Complexity”, Information Week, 8/30/04 p. 47 “Government Prospects/Buyers May Defect”

8/9/04 Quest Software 10-Q

Prospects’ Perceptions = “Free, Almost As Good, and Everybody Else Does It”?


6. OSS Changes: Tech Industry Impacts: Costs Impacts Are Emerging & Accelerating

CIO Magazine 3/03: “The CIO Without OSS Procurement Strategy in ’03 = A Fool”

Indian Outsourcing Services Co. C.E.O. to Wall Street: Services Spending Juiced By Increasing OSS Use Trends

OSS = Offshoring Alternative to Cost Containment for Software Vendors?

“Nearly Everybody Does It”?: Increasing “Safety In Numbers” in OSS Component Deployment


6. OSS Changes: Customer Requirements & Satisfaction

Tech Customers Do OSS Due Diligence Non-Tech Customers Asking Questions and

Educating Sourcing Professionals I.T. Buyers Groups Adding OSS to Agendas Leading Non-Tech Users Adopting OSS

Filtering, Disclosure, and Opt-Out Policies

DesignDesign

DevelopDevelop

TestTest

DocumentDocument

ManufactureManufacture

MarketMarket

Sell/LicenseSell/License

CustomizeCustomize

InstallInstall

IntegrateIntegrate

SupportSupport

Pro

du

ct L

ifec

ycle

Pro

du

ct L

ifec

ycle

Henry W. (Hank) Jones, III Intersect Technology Consulting & Law Office of Henry W. Jones, III, Austin, TX, [email protected]; © HWJ 2005

6. OSS Changes: More Oversight Soon?:Software Design/Development Software Design/Development BeforeBefore OSS: OSS: Supposedly, Processes Primarily Supposedly, Processes Primarily SequentialSequential

Plan & Cost-Plan & Cost-EstimateEstimate

DesignDesign

TestTest

DevelopDevelop

DocumentDocument


Market/ Market/ Sell/ShipSell/Ship


DesignDesign

DevelopDevelop

TestTest

DocumentDocument


MarketMarket

SellSell//LicenseLicense

CustomizeCustomize

InstallInstall

IntegrateIntegrate

SupportSupport

Pro

du

ct L

ifec

ycle

Pro

du

ct L

ifec

ycle

Henry W. (Hank) Jones, III Intersect Technology Consulting & Law Office of Henry W. Jones, III, Austin, TX, [email protected]; © HWJ 2005

6. OSS Changes: More Oversight Soon?:Software Design/Development Software Design/Development AfterAfter OSS: OSS: Processes More Processes More Simultaneous & Blurred!?Simultaneous & Blurred!?

ManufactureManufacture??

Sell?Sell?

Ship?Ship?

DesignDesign

DevelopDevelop

TestTest

Document

Document



7. OSS = New Set of Risks

“Inertia Is Inadequate”: Lack of Prior-Company Precedent in Processes

Blended R&D/Experimentation and Production Changing “Legitimacy”/Acceptance “Bar Being Raised”: At Least in U.S., New

Corporate Compliance, Disclosure & Risk Management Standards “Learn By Doing”/Shipping!?

“The Code Is The Documentation” Some Coders Think “Lawyers = Fools; I.P. = A

Mere Obsolete Artifact” and “Management = Fools; Technical Meritocracy Rules”


7. What are OSS Risks?

Who’s Accountable?: No “1 Throat To Choke” Transitional Effort: Planning, Training, etc. Lack of Management Awareness/Oversight? Lack of Long-Term Support? Project “Forks” (Splits) Intellectual Property Infringement Ambiguities in Licenses Future Regulatory Constraints? Security / “Malware”? Novelty (FUD: “Fear, Uncertainty & Doubt”?) Unfavorable Marketplace Perceptions?


7. OSS Risks: Plenty of Litigation (Contrary to Myth and Advocates’ Assumptions)

SCO v. IBM, Novell, Red Hat, AutoZone, & Daimler-Benz Are NOT Only OSS Litigation (Techies’ Myths Are Wrong)

Hungarian Involvement: Monotype v. Red Hat Munich, Germany case Speaker’s Client’s Suit v. Ex-Employees MontaVista Software v. Lineo Gracenote/CDDB v. Roxio/Adaptec and v. MusicMatch Computer Associates v. Quest Software Progress Software & NuSphere v. MySQL Davidson & Assoc., Inc., d/b/a Blizzard Entertainment &

Vivendi Universal Games, Inc. v. bnetd.org, Internet Gateway, Inc., Tim Jung, Ross Combs, & Rob Crittenden

DrewTech v. Society of Automotive Engineers Others

7. OSS Potential Risks: How Can Open Source Enter Your Shop, Perhaps Unexpectedly?

Your Company

New OSS-Focused Software Vendors

OSS Support Services Vendors

Wireless Devices

M.I.S. &

Non-M.I.S. Employees

3d Party Technical Support

“Skunkworks”

Projects

Hardware & Peripherals Vendors

I.T. Services Vendors, includingSystems Integrators & Offshore Vendors

Independent Contractors

Business

Partners

Henry W. (Hank) Jones, IIIIntersect Technology Consulting & Law Office of Henry W. Jones, III;2002 Mountain View Rd., Austin, TX 78703 [email protected]; © HWJ 9/1705

Market Pressures To Cut Costs & Show Innovation

Web HostingVendor’s Infrastructure

Vendors’ Upstream

Component Suppliers

Tech Vendors “Opening” Older Products



8. What are OSS Best Practices?

#0: “Think Really Different” #1: Re-Assess Relationships and Processes #2: Prepare Now To Dance “Open” Soon #3: Educate Decision Makers & Influencers #4: Create New OSS Policies and Processes #5: Evaluate Others’ “Open” Outcomes #6: Implement Risk Management Steps #7: Do Personal OSS Homework #8: For Technology Vendors, Conduct “Open

Source Planning Retreat”


8. OSS Best Practice #0: “Think Really Different”

It’s No Longer “OSS Is Just For Geeks” OSS ≠ Either/Or (Not “OSS / Proprietary”) It’s Not “OSS Versus Proprietary” (“Dual Paths”) OSS ≠ Either/Or: Some Vendors “Opening”

Previously Proprietary Products “No Such Thing As A Free Lunch” ≠ New Reality “Proprietary” Might Have Some OSS Inside Some OSS Can Go Proprietary Later “We Don’t Know Jack”


So, Assume Continued Proprietary (“Closed”) Products Dominance For

Many Markets

But, Watch For Expanded

OSS Usage, Even Opportunism

8. “Think Really Different”

Recognize That There Will Be Blends,

“Flavor” Choices,Changes, & Ambiguities!


8. OSS Best Practice #1:Re-Assess Relationships & Processes

Don’t “Assume” You’re Not “Open” Now What Are The Software Processes & Policies of

Your Customers, Business Partners, Investors, and Other Key Parties?

Can OSS Believed Benefits Be Captured Safely in Your Situation?

What Are Particular OSS Risks Here?


8. OSS Best Practice #2: Prepare Now To Dance “Open” Soon

Envision Collective Adaptation: OSS Is Multi-Disciplinary (Sourcing, M.I.S., Legal, Finance, H.R., Sometimes P.R./Marketing Impacts)

Track Other Companies’ Open Announcements Include OSS Advocate(s) Buy Time/Acceleration and

Odds/Savvy/Precision By Using Outside Veterans/Specialists/Expertise


8. OSS Best Practice #3:Educate Decision Makers and Their Influencers

Nobody Likes Awkward Surprises Show Them The Holes In Current Processes &

Policies Show Them The Richard Stallman Photo Show Them Scatter-Graphs Showing Actual

OSS Project Histories Show Them Competitors’ S.E.C. Filings Show Them OSS-Specific Litigation Pleadings


8. OSS Best Practice #4: New OSS Policies & Processes

Update (Debug) Technology Vendor Policies Identify and Manage Indirect Vendors Update New Hiring & Recruiting Processes Update R&D Employee Evaluation Standards Compare New “Code of Conduct” at Citrix Update I.P. Policies & Agreements Update Email/Web Surfing Policy Update Employee Moonlighting Policy “Other”


8. OSS Best Practice #5:Evaluate Others’ “Open” Outcomes

Breadth & Depth of OSS Myths Mine S.E.C. and Other Disclosures Assess and Quantity P.R./Marketing and H.R.

Results Monitor Impacts on I.P. Assets, Evaluation, and

Enforcement


8. OSS Best Practice #6:Implement New Risk Management Steps

Revise Procurement Processes/Documents Revise Outbound Licensing/Distribution “The Price of Freedom Is Eternal Vigilance”:

Allocate Staff Time to OSS Projects “Embracing The (OSS) Community”: Earning

OSS Credibility Via OSS Project Participation Consider OSS-Specific Insurance DMZ in R&D?: Segregate OSS Assets? Consider Self-Audits (For Vendors, With

Attorney-Client Non-Disclosure “Privilege”, Per Likelihood of Finding OSS Problems)

Other


8. OSS Best Practice #7:Do Personal OSS Homework

Attend a LUG (Linux Users Group) Good “OSS 101” and “OSS History” Books Do You Need “OSS Executive Coaching”? “Tough Love” Reading: Litigation Pleadings,

OSS-Specific Tech. Vendor S.E.C. Disclosures Video To Rent: “Revolution OS” Articles by Speaker Other


8. OSS Best Practice #8: For Tech Vendors, Conduct “Open Source Planning Retreat”

Remember “The Mythical Man-Month,” So Start Your OSS Adaptation Now (“Later” Will Be Too Late)

Multi-Disciplinary Nature of OSS Challenges Suggests Diverse Attendees

Preparation: Agenda, Reading, Questions Facilitation by OSS Veteran Consultant for

Progress versus Chaos


9. Available OSS Homework Resources

Process Disclosures at Mozilla.org Excellent Books:- Free For All- Open Voices- Rebel Code- Others Excerpts from Varied S.E.C. Filings by

Increasing Number of Publicly Traded U.S. Tech and Other Companies


9. Homework Resources: Articles by The Speaker Available On The Web

Article: Defective Contract Drafting and Administration Triggered Litigation, Bad P.R., and Big Costs to Long-Standing Publicly-Traded U.S. Software Vendor/Publisher: www.linuxjournal.com/article.php?sid=6025 (Linux Journal 8/02)

Article: OSS Impacts on Tech Mergers & Acquisitions: www.softwarebusinessonline.com/newsletter2_march04.htm#feature2

Article: Software Sales Teams OSS Impacts: www.sterlinghoffman.com/cgi-bin/index.pl?p=newsletter/articles/article78.html


10. Q&A

Thank You For Your Time and Interest

Good Luck! (Though Hard Work

& Diverse Expertise Are Necessary For Successful

OSS Analysis, Adaptation & Evolution)

Henry W. (Hank) Jones III, Esq.Law Office of Henry W. Jones III and

Intersect Technology Consulting2002 Mountain View Rd., Austin, Texas 78703 USA

[email protected]; US 512.695.4673

open source software: recent and future changes, challenges, and conundra henry w. (hank) jones iii...

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