decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
National Science Foundation Says Open Source Can Be Cheaper, Better, Faster
Tuesday, December 16 2003 @ 05:31 AM EST

"Open-source can be faster, better and cheaper than closed corporate software development, say researchers at the University of California, Irvine (UCI) and the National Science Foundation." So begins the article, "Scientific Research Backs Wisdom of Open Source", on Newsfactor. They're studying the open source method, and they like it, particularly for large software systems.

The program director for NSF reports:

"'The software-intensive systems in today’s world have become so complex that we need every available design tool at our disposal,' said Suzanne Iacono, NSF program director. 'Open-source development has achieved some remarkable successes, and we need to learn from these successes as our systems become increasingly distributed, complex and heterogeneous. Traditional software engineering methods were originally developed for single-system design and development.'”



You can read the National Science Foundation's press release which quotes Principal Investigator Walt Scacchi as saying this:

“'In many ways, open-source development projects are treasure troves of information for how large software systems get developed in the wild, if you will,' Scacchi said.

"Open-source project databases, for example, record hundreds of thousands of bug reports. Gasser and Scacchi are mining those databases to try to understand how bug reporting relates to software quality or if it has other implications. 'These are unprecedented data sets in software engineering research,' he said. 'We’re thinking of these databases in a ‘national treasure’ sense. We’re never going to get this from a corporate source.'

"Open-source is not a poor version of software engineering, but a private-collective approach to large-software systems,” Scacchi said. “This is perhaps a new fertile ground between software engineering and the world of open-source and may be what the open-source community can contribute to new academic and commercial development efforts.”

You can read the series of reports here and here. And here is one by Mr. Scacchi on free software. That's free as in freedom. The University of CA describes its research like this:

"UCI research in open source software development focuses on empirically-based studies of the processes, practices, and communities that develop open source software."

IBM says on top of all that, Linux is fun:

"Why is IBM supporting Linux?

"Because we admire it, we believe in it, we need it and it's good for customers. And, well...it's a lot of fun."

They have some penguin videos there too, if you're in the mood. And a picture of Linus and a penguin cake. IBM also has, in the developers section, some very helpful articles on making the transition from Windows to Linux. Here is Part 1, Thinking in Linux by Chis Walden. I'm not a developer, but I could understand it and enjoy it.

Here's the complete NSF press release, except for the contact information:

************************************************************

Faster, Better, Cheaper: Open-Source Practices May Help Improve Software Engineering

ARLINGTON, Va.—Walt Scacchi of the University of California, Irvine, and his colleagues are conducting formal studies of the informal world of open-source software development, in which a distributed community of developers produces software source code that is freely available to share, study, modify and redistribute. They’re finding that, in many ways, open-source development can be faster, better and cheaper than the “textbook” software engineering often used in corporate settings.

In a series of reports posted online (see www.isr.uci.edu), Scacchi is documenting how open-source development breaks many of the software engineering rules formulated during 30 years of academic research. Far from finding that open-source development is just software engineering poorly done, Scacchi and colleagues show that it represents a new approach based on community building and other socio-technical mechanisms that might benefit traditional software engineering.

“Free and open-source software development is faster, better and cheaper in building a community and at reinforcing and institutionalizing a culture for how to develop software,” said Scacchi, a senior research scientist at UC Irvine’s Institute for Software Research who has taught software engineering for two decades. “We’re not ready to assert that open-source development is the be-all end-all for software engineering practice, but there’s something going on in open-source development that is different from what we see in the textbooks.”

Scacchi and his colleagues are studying open-source projects to understand when the processes and practices work and when they don’t. These findings may help businesses understand the implications of adopting open-source methods internally or investing in external open-source communities. The studies are supported by several Information Technology Research awards from the National Science Foundation (NSF), the independent federal agency that supports fundamental research and education across all fields of science and engineering.

Three projects—one by Les Gasser at the University of Illinois, Urbana-Champaign, and Scacchi, one by Scacchi and John Noll of Santa Clara University and one led by UC Irvine’s Richard Taylor—are applying the lessons learned from open-source practices to create new design, process-management and knowledge-management tools for large-scale, multi-organization development projects.

“In many ways, open-source development projects are treasure troves of information for how large software systems get developed in the wild, if you will,” Scacchi said.

Open-source project databases, for example, record hundreds of thousands of bug reports. Gasser and Scacchi are mining those databases to try to understand how bug reporting relates to software quality or if it has other implications. “These are unprecedented data sets in software engineering research,” he said. “We’re thinking of these databases in a ‘national treasure’ sense. We’re never going to get this from a corporate source.”

Not all open-source projects are alike, however. A small number of open-source projects have become well known, but the vast majority never get off the ground, according to Scacchi. He and his colleagues are trying to understand how successful projects, such as the Linux Kernel, grow from a few individuals to a community of a thousand developers.

Similarly, they are trying to determine whether or not open-source software is appropriate for complex, fixed-requirements projects of interest only to a limited community (for example, air defense radar software). It is unclear whether such systems can or will ever be developed in an open manner, or whether open-source approaches would falter, while traditional software engineering approaches would succeed.

To explore the breadth of open-source activity, Scacchi and colleagues are looking at more than a hundred projects in several categories: network games, Internet and Web infrastructure, academic and scientific software and industry-sponsored activities.

The network games include PlaneShift, Crystal Space, and game “mods” for Epic Games’ Unreal or id Software’s Quake game engines. Internet and Web infrastructure projects range from Linux Kernel, Apache and Mozilla to GNU Enterprise. In another project, Mark Ackerman at the University of Michigan and Scacchi are examining how scientists working in fields like X-ray astronomy and deep-space imaging are using open-source software to support basic scientific research. More recent efforts are examining industry-sponsored open-source projects including NetBeans from Sun Microsystems and Eclipse from IBM.

“The software-intensive systems in today’s world have become so complex that we need every available design tool at our disposal,” said Suzanne Iacono, NSF program director. “Open-source development has achieved some remarkable successes, and we need to learn from these successes as our systems become increasingly distributed, complex and heterogeneous. Traditional software engineering methods were originally developed for single-system design and development.”

The researchers have so far identified a number of ways in which open-source development surpasses traditional software engineering. In successful projects, open-source development is faster in the pace of evolution and the rate of software growth. Expertise also spreads faster through the community.

The researchers also report that open-source development is better because of, among other features, its informality, which enables continuous system design and more agile development processes. And open-source is cheaper because the development tools are often open-source themselves and because other costs are often subsidized by corporate donations, volunteer efforts and “gifts” for the collective good.

“Open-source is not a poor version of software engineering, but a private-collective approach to large-software systems,” Scacchi said. “This is perhaps a new fertile ground between software engineering and the world of open-source and may be what the open-source community can contribute to new academic and commercial development efforts.”

ISR Open-Source Software Development Research at UC Irvine: http://www.isr.uci.edu/research-open-source.html

The National Science Foundation (NSF) is an independent federal agency that supports fundamental research and education across all fields of science and engineering, with an annual budget of nearly $5.3 billion. NSF funds reach all 50 states through grants to nearly 2,000 universities and institutions. Each year, NSF receives about 30,000 competitive requests for funding, and makes about 10,000 new funding awards. The NSF also awards over $200 million in professional and service contracts yearly.


  


National Science Foundation Says Open Source Can Be Cheaper, Better, Faster | 145 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Free Software Legal Protection
Authored by: tcranbrook on Tuesday, December 16 2003 @ 08:08 AM EST
This article, Free Software Legal Protection, proposes draft legislation to protect the use of the several FLOSS license.

"Free software is no longer a product or resource solely of hackerdom. It has spread its tentacles and other parts throughout the world, so that its use, deployment and promotion are being considered in every continent on the planet. Relying on a common law concept of software protection is not totally satisfactory, and not only from the legality of the licenses in question. Before the introduction of copyright to cover software, a sui generis regime had been considered in a number of jurisdictions around the globe. Such plans were abandoned in the face of US trade threats for non-compliance with its prescribed law. In fact, the free licensing system has become a sui generis protection all of its own, and as a system that has functioned effectively for a considerable period of time, this deserves legislative recognition as a form of customary law crying out for codification. If legislation fails to reflect the will of the people, legislators lose their mandate to tell us what to do."

[ Reply to This | # ]

Sole Soul
Authored by: gumout on Tuesday, December 16 2003 @ 08:55 AM EST
Since I seem to be the sole distrustful soul
around here:

"Why is IBM supporting Linux?
"Because we admire it, we believe in it, we need it and
it's good for customers. And, well...it's a lot of fun."
---IBM Inc.---

IBM clearly owns the copyrights to NUMA, JFS, RCU code
that enables Linux to be an enterprise class OS. Even
SCO admits this much about the code. Many Fortune
500 companies are adopting Linux in the enterprise
environment.

Now IBM decides to sell the NUMA, JFS and RCU source code
original copyrights to Oracle for $1 billion thru a legal
transfer signed in writing as demanded by the Copyright Act.
(That's the corporate definition of "a lot of fun").

This is:
TILE 17 - COPYRIGHTS
CHAPTER 2 - COPYRIGHT OWNERSHIP AND TRANSFER
Sec. 205. Recordation of transfers and other documents
(e) Priority Between Conflicting Transfer of Ownership and
Nonexclusive License. - A nonexclusive license, whether
recorded or not, prevails over a conflicting transfer of
copyright ownership if the license is evidenced by a written
instrument signed by the owner of the rights licensed or such owner's duly
authorized agent, and if -
(1) the license was taken before execution of the transfer;
or
(2) the license was taken in good faith before recordation
of the transfer and without notice of it.

What's to prevent Oracle from demanding to to enterprise
users "Where's your copy of a written, signed instrument
that says you have a valid nonexclusive license". Because
if you don't you're infringing on our code. Does everyone
have GPL'd licenses signed in writing?






---
It's my table and I'll pound on it if I want to!

[ Reply to This | # ]

Gentlemen, Take Your Corners:
Authored by: tcranbrook on Tuesday, December 16 2003 @ 10:15 AM EST
Here is another example of the press starting to get things balanced at Gentlemen, Take Your Corners: Linux Users, SCO Square Off

And Groklaw gets a part as well.

[ Reply to This | # ]

In Other News
Authored by: Ruidh on Tuesday, December 16 2003 @ 11:33 AM EST
<a
href="http://www.law.com/jsp/article.jsp?id=1071351152026">David
Boies hit with ethics complaint</a>.

[ Reply to This | # ]

National Science Foundation Says Open Source Can Be Cheaper, Better, Faster
Authored by: Anonymous on Tuesday, December 16 2003 @ 11:59 AM EST
What's evidence of a signed license? Does it have to be someone's John
Handcock in blue or black ink? Or would myriad historical evidence of code with
'Distributed by IBM under the GPL' qualify as a signed license? I'm thinking
it would.

P.S. For those of you who think this guy is a troll, if he is in fact a troll,
understand that by flaming him you are swallowing his bait, hook, line and
sinker.

[ Reply to This | # ]

OT: delay = dollars -- SCO's license to print money
Authored by: belzecue on Tuesday, December 16 2003 @ 12:13 PM EST
Larry Gasparro, SCO's Vice President of North America Sales, chuckles while he demonstrates that SCO's Executive Cashout Exit Strategy(TM) is working just fine, thank you.

Who is Larry Gasparro? Click here to read Scott McKellar's amusing encounter with Mr 'I am not a lawyer'.

[ Reply to This | # ]

National Science Foundation Says Open Source Can Be Cheaper, Better, Faster
Authored by: dsmcl on Tuesday, December 16 2003 @ 12:19 PM EST
On a related research note, I thought that GrokLaw readers might be interested
in the thesis I wrote while at Georgetown: Opening the Code: Software Excellence
as a Function of its Development Environment.
<p>
I examined the two paradigms of developing software (proprietary vs. open) and
showed that not only can Open Source develop quality software, but that its
incentive structure actually encourages the development of better software than
does the proprietary model.
<p>
Check it out!
<p>
http://pluo.net/dsmcl/

[ Reply to This | # ]

National Science Foundation Says Open Source Can Be Cheaper, Better, Faster
Authored by: findlay on Tuesday, December 16 2003 @ 12:52 PM EST
"Open-source can be faster, better and cheaper than closed corporate
software development, say researchers at the University of California, Irvine
(UCI) and the National Science Foundation."

Yup. A serious consideration when you're on an NSF granted budget. I'm an
undergraduate underling in a research project, so I can tell you what I see not
necessarily what is true. We use redhat almost ubiquitously save for an
occasional mandrake or BSD box that I have seen (and a couple of XP's). Our
admins double as researchers. Our official library of code is public domain (I
think), and we use HEP software tools developed at CERN all under open source
licenses. Our detectors run from instructions written in tcsh scripts. While
it looks as though the article doesn't focus exclusively on research use of
FOSS it is intrinsic in raw science itself that to keep exclusive hold on your
own ideas and research is at least foolish.

[ Reply to This | # ]

Forbes article...not flattering
Authored by: Anonymous on Tuesday, December 16 2003 @ 01:36 PM EST
Dan Lyons has fired another salvo... Forbes article

[ Reply to This | # ]

The FUD has reached a new level
Authored by: minkwe on Tuesday, December 16 2003 @ 02:53 PM EST
Forbes

The FUD being spread at Forbes has reached a new dimension.

---
There are only two choices in life. You either conform the truth to your desire, or you conform your desire to the truth. Which choice are you making?

[ Reply to This | # ]

Forbes article.
Authored by: gnuadam on Tuesday, December 16 2003 @ 03:57 PM EST

Look. To an outsider, it might seem strange that a group of people with little financial interest should care so much about a lawsuit. Yes. We're nerds.

But you have to realize something. Articles like this, or where Lyons calls us crunchies. Or where people scoff because it's "uncool" to care so much about an "office appliance" have a single goal. They're trying to demoralize us. They're trying to discredit us. They want us to appear as fools.

They're trying to make us think that taking a stand on this issue is silly. That we should be embarassed to care. The fact of the matter is that we are witnessing the greatest attempted theft of intellectual property since Napster.....and the floss community is the only part of the world that seems to recognize this fact.

Daniel Lyons is the Berlin Betty of the digital age. And I dare him to quote me on that.

[ Reply to This | # ]

  • Forbes article. - Authored by: gnuadam on Tuesday, December 16 2003 @ 04:45 PM EST
  • Forbes article. - Authored by: Anonymous on Wednesday, December 17 2003 @ 12:35 AM EST
  • Crunchies?? - Authored by: Anonymous on Wednesday, December 17 2003 @ 05:58 AM EST
National Science Foundation Says Open Source Can Be Cheaper, Better, Faster
Authored by: Anonymous on Tuesday, December 16 2003 @ 04:23 PM EST
"Because we admire it, we believe in it, we need it and it's good for customers. And, well...it's a lot of fun." This says it all for me. Two years ago I was ready to sell my little computer consulting practice because it seemed like I was spending a third of my time worrying about licensing and trying to make black-box code objects from a certain large software company work like I expected. Then I discovered Linux and FOSS and now I LOVE my little business because I am having so much fun!

[ Reply to This | # ]

OT....Any accountants here?
Authored by: lpletch on Tuesday, December 16 2003 @ 04:33 PM EST
I saw a link to THIS on /.

Anyone want to take a look and let me know if this guy juat made a killin' or what.

[ Reply to This | # ]

IBM's Thinking in Linux
Authored by: Thomas Frayne on Tuesday, December 16 2003 @ 05:12 PM EST
Thanks, PJ. I am bookmarking IBM's article.

I have been posting suggestions for the transition of Windows users to Linux for
a long time now. After a year, I still consider myself a Linux novice, in many
respects. I use Win4Lin for Quicken and Acat, and have to dual boot Windows XP
to run my Scanner and Drive Image. However, before I got addicted to Groklaw I
was helping to develop Gnucash as a replacement for Quicken.

I am interested in improving the documentation for new recruits from Windows,
and in improving the GUIs for configuration. PJ started this so it is on topic,
but barely.

If anyone is interested in discussing this further, could we find a better place
for the discussion?

[ Reply to This | # ]

Propaganda War
Authored by: Anonymous on Tuesday, December 16 2003 @ 05:19 PM EST
SCO's actions must be understood as a propaganda war. To the extent that the
Linux community does anything, it is open to selective misenterpretation. SCO
have their friends, based on long personal relationships, cultural connections,
and possibly financial incentives. Those of us old enough to remember the '60s
should think back to the propaganda wars of that era. The Soviet Union had an
incredible propaganda apparatus and it was used all around the world. In the
language of the Cold War, Forbes is a SCO "client state."

In the particular propaganda war that SCO is running, they are a single entity
and their "opponent" is a hetrogenous, largley unorganized group of
individuals who are largely unable to respond to any mischaracterization. SCO
strategy and tactics are based on this difference. For them, there is always a
wide range of activities to select from when holding up an example of poor
behavior. Their goals are twofold, one is to discredit the free and open
software movement; the other is to freeze into inaction as many FOSS people as
they can.

I would be curious to know how Forbes found out that Pamela Jones is from a
certain Northeastern city. Was this alread well known or was this a Forbes/SCO
shot saying that we found out who you are PJ?

As a number of posters have suggested, we each should remain calm and certainly
not engage in DoS attacks on SCO's web site. If there is any affirmative
action that can be taken to stop any such attack, I would be glad to see it
done.

The strength of Groklaw is the wide range of skills and backgrounds represented.
Financial, legal, tactical, and strategic insights are all here along with the
more mainline software skills. Some other Anon wrote the other day that he knew
who was behind the RBC investment, but had to check with his attorney first.
The pieces of the puzzle are out there. Continuing to find and assemble them is
FOSS best strategy.

Needless to say, I have been a student of propaganda for many years. I recomment
Rules for Radicals by Saul Alinsky. I ask you to read this book for the
methods. You may or may not agree with his political views. I do not.
However, the guy was good at what he did.

Former Forbes Subscriber

[ Reply to This | # ]

The killer reply to the anti-GPL FUD
Authored by: NZheretic on Tuesday, December 16 2003 @ 06:07 PM EST
Please feel free to adapt and redistribute the following.

John Carroll's Paradox: Everybody is wrong but John Carroll and Microsoft ( and even the latter ignores their own advice ).

1) IBM remains one of the most conservative of corporate cultures in the IT industry.

2) IBM has the largest intellectual property portfolio of hardware, software and IT methords in the industry. Including patients and registered copyrighted source code.

3) IBM has the most highly regarded legal departments in the IT industry. Including the largest number of intellectual property specialists. Microsoft has even head hunted the ranking IBM intellectual property lawyer to head it's own intellectual property department.

The paradox with Microsoft's Anti-GPL arguments and FUD ( Fear Uncertainty Doubt) is that, as a company with the most to lose, IBM is quite happy with contributing to and redistributing GPL licensed projects. IBM do this without any Fear or Uncertainty or Doubt.

In fact, practically every other major player in the software and IT industry around the world appears to be quite happy to either contibute, redistribute or just compete with GPL licensed products and projects. Even Microsoft bundle and distribute the GPL licensed GCC compiler toolchain with their SFU ( Services For Unix ) product -- Microsoft even charge a fee for SFU.

Microsoft and now the Microsoft financed SCO Group are not following their own flawed advice. WHY SHOULD YOU?

[ Reply to This | # ]

OT: Who's Singing...
Authored by: jkondis on Tuesday, December 16 2003 @ 10:05 PM EST
So, now that PJ has linked to this IBM PR animation stuff in her own article, I'm dying to ask: who is singing in the animation called "Free the Code"? I think I know but I don't want to embarrass myself by getting it wrong. ;)

BTW, I particularly like this one and its symbolism. "Penguinstein" is also pretty cool...

...J

[ Reply to This | # ]

Here we go.... *sigh*
Authored by: photocrimes on Tuesday, December 16 2003 @ 11:42 PM EST
Forbes has this little smash mouth article, yep Rob and Laura are in there.
It's painting us as a bunch of wacko fruitcakes of course.

Now \. and Groklaw can be trusted because of the ties with the companies
hosting them. And they call us a bunch of paranoid conspiracy nuts?

"Who runs this noisy echo chamber? Slashdot.org is owned by VA Software
(nasdaq: LNUX - news - people ), a Linux vendor. Groklaw is hosted, free, by
a non-profit outfit called iBiblio, which runs on $250,000 worth of Linux-based
computers donated by IBM and a $2 million donation from a foundation set up by
Robert Young, founder of Red Hat. Of course none of these sponsors has anything
to do with the content of these sites. Then again, they don't seem too upset
about it, either."

Well, isn't the mud starting to fly?

http://www.forbes.com/home_europe/2003/12/16/cx_dl_1216linux.html

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )