1. Software Copyrights Software Patents and Free Software Robert Dewar NYU/CIMS AdaCore

2. Rourke’s Speech From the movie “The Fountainhead”, from Ayn Rand’s novel. Gary Cooper as Rourke. From the movie “The Fountainhead”, from Ayn Rand’s novel. Gary Cooper as Rourke. Thousands of years ago, the first man discovered how to make fire. He was probably burned at the stake he had taught his brothers to light, but he left them a gift they had not conceived, and he lifted darkness off the earth. Thousands of years ago, the first man discovered how to make fire. He was probably burned at the stake he had taught his brothers to light, but he left them a gift they had not conceived, and he lifted darkness off the earth.

3. Rourke (continued) Throughout the centuries, there were men who took first steps down new roads, armed with nothing but their own vision. The great creators -- the thinkers, the artists, the scientists, the inventors -- stood alone against the men of their time. Every new thought was opposed; every new invention was denounced. But the men of unborrowed vision went ahead. They fought, they suffered, and they paid. But they won. Throughout the centuries, there were men who took first steps down new roads, armed with nothing but their own vision. The great creators -- the thinkers, the artists, the scientists, the inventors -- stood alone against the men of their time. Every new thought was opposed; every new invention was denounced. But the men of unborrowed vision went ahead. They fought, they suffered, and they paid. But they won.

4. Rourke (continued) No creator was prompted by a desire to please his brothers. His brothers hated the gift he offered. His truth was his only motive. His work was his only goal. His work -- not those who used it. His creation -- not the benefits others derived from it -- the creation which gave form to his truth. No creator was prompted by a desire to please his brothers. His brothers hated the gift he offered. His truth was his only motive. His work was his only goal. His work -- not those who used it. His creation -- not the benefits others derived from it -- the creation which gave form to his truth.

5. Rourke (continued) He held his truth above all things and against all men. He went ahead whether others agreed with him or not, with his integrity as his only banner. He served nothing and no one. He lived for himself. And only by living for himself was he able to achieve the things which are the glory of mankind. Such is the nature of achievement. Man cannot survive except through his mind. He comes on earth unarmed. His brain is his only weapon. He held his truth above all things and against all men. He went ahead whether others agreed with him or not, with his integrity as his only banner. He served nothing and no one. He lived for himself. And only by living for himself was he able to achieve the things which are the glory of mankind. Such is the nature of achievement. Man cannot survive except through his mind. He comes on earth unarmed. His brain is his only weapon.

6. Rourke (continued) But the mind is an attribute of the individual. There is no such thing as a collective brain. The man who thinks must think and act on his own. The reasoning mind cannot work under any form of compulsion. It cannot be subordinated to the needs, opinions, or wishes of others. It is not an object of sacrifice. But the mind is an attribute of the individual. There is no such thing as a collective brain. The man who thinks must think and act on his own. The reasoning mind cannot work under any form of compulsion. It cannot be subordinated to the needs, opinions, or wishes of others. It is not an object of sacrifice.

7. Rourke (continued) The creator stands on his own judgment; the parasite follows the opinions of others. The creator thinks; the parasite copies. The creator produces; the parasite loots. The creator's concern is the conquest of nature; the parasite's concern is the conquest of men. The creator stands on his own judgment; the parasite follows the opinions of others. The creator thinks; the parasite copies. The creator produces; the parasite loots. The creator's concern is the conquest of nature; the parasite's concern is the conquest of men.

8. Rourke (continued) The creator requires independence. He neither serves nor rules. He deals with men by free exchange and voluntary choice. The creator requires independence. He neither serves nor rules. He deals with men by free exchange and voluntary choice. The parasite seeks power. He wants to bind all men together in common action and common slavery. He claims that man is only a tool for the use of others -- that he must think as they think, act as they act, and live in selfless, joyless servitude to any need but his own. The parasite seeks power. He wants to bind all men together in common action and common slavery. He claims that man is only a tool for the use of others -- that he must think as they think, act as they act, and live in selfless, joyless servitude to any need but his own.

9. Rourke (continued) Look at history: Everything we have, every great achievement has come from the independent work of some independent mind. Every horror and destruction came from attempts to force men into a herd of brainless, soulless robots -- without personal rights, without person ambition, without will, hope, or dignity. Look at history: Everything we have, every great achievement has come from the independent work of some independent mind. Every horror and destruction came from attempts to force men into a herd of brainless, soulless robots -- without personal rights, without person ambition, without will, hope, or dignity.

10. Rourke (continued) It is an ancient conflict. It has another name: "The individual against the collective." It is an ancient conflict. It has another name: "The individual against the collective." Our country, the noblest country in the history of men, was based on the principle of individualism, the principle of man's "inalienable rights." It was a country where a man was free to seek his own happiness, to gain and produce, not to give up and renounce; to prosper, not to starve; to achieve, not to plunder; to hold as his highest possession a sense of his personal value, and as his highest virtue his self-respect. Our country, the noblest country in the history of men, was based on the principle of individualism, the principle of man's "inalienable rights." It was a country where a man was free to seek his own happiness, to gain and produce, not to give up and renounce; to prosper, not to starve; to achieve, not to plunder; to hold as his highest possession a sense of his personal value, and as his highest virtue his self-respect.

11. Rourke (continued) Our country, the noblest country in the history of men, was based on the principle of individualism, the principle of man's "inalienable rights." It was a country where a man was free to seek his own happiness, to gain and produce, not to give up and renounce; to prosper, not to starve; to achieve, not to plunder; to hold as his highest possession a sense of his personal value, and as his highest virtue his self-respect. Our country, the noblest country in the history of men, was based on the principle of individualism, the principle of man's "inalienable rights." It was a country where a man was free to seek his own happiness, to gain and produce, not to give up and renounce; to prosper, not to starve; to achieve, not to plunder; to hold as his highest possession a sense of his personal value, and as his highest virtue his self-respect.

12. Rourke (continued) Look at the results. That is what the collectivists are now asking you to destroy, as much of the earth has been destroyed. Look at the results. That is what the collectivists are now asking you to destroy, as much of the earth has been destroyed. I am an architect. I know what is to come by the principle on which it is built. We are approaching a world in which I cannot permit myself to live. My ideas are my property. They were taken from me by force, by breach of contract. No appeal was left to me. I am an architect. I know what is to come by the principle on which it is built. We are approaching a world in which I cannot permit myself to live. My ideas are my property. They were taken from me by force, by breach of contract. No appeal was left to me.

13. Rourke (continued) It was believed that my work belonged to others, to do with as they pleased. They had a claim upon me without my consent -- that it was my duty to serve them without choice or reward. It was believed that my work belonged to others, to do with as they pleased. They had a claim upon me without my consent -- that it was my duty to serve them without choice or reward. Now you know why a dynamited Courtland. I designed Courtland. I made it possible. I destroyed it. Now you know why a dynamited Courtland. I designed Courtland. I made it possible. I destroyed it.

14. Rourke (continued) I agreed to design it for the purpose of it seeing built as I wished. That was the price I set for my work. I was not paid. My building was disfigured at the whim of others who took all the benefits of my work and gave me nothing in return. I agreed to design it for the purpose of it seeing built as I wished. That was the price I set for my work. I was not paid. My building was disfigured at the whim of others who took all the benefits of my work and gave me nothing in return. I came here to say that I do not recognize anyone's right to one minute of my life, nor to any part of my energy, nor to any achievement of mine -- no matter who makes the claim! I came here to say that I do not recognize anyone's right to one minute of my life, nor to any part of my energy, nor to any achievement of mine -- no matter who makes the claim!

15. Rourke (continued) It had to be said: The world is perishing from an orgy of self-sacrificing. I came here to be heard in the name of every man of independence still left in the world. I wanted to state my terms. I do not care to work or live on any others. It had to be said: The world is perishing from an orgy of self-sacrificing. I came here to be heard in the name of every man of independence still left in the world. I wanted to state my terms. I do not care to work or live on any others. My terms are: A man's RIGHT to exist for his own sake. My terms are: A man's RIGHT to exist for his own sake.

16. What do you think? DO AUTHORS HAVE THE RIGHT TO BENEFIT FROM THEIR CREATIONS AND INVENTIONS? DO AUTHORS HAVE THE RIGHT TO BENEFIT FROM THEIR CREATIONS AND INVENTIONS? DOES THE UNITED STATES CONSTITUTION RECOGNIZE OR PROTECT THIS RIGHT? DOES THE UNITED STATES CONSTITUTION RECOGNIZE OR PROTECT THIS RIGHT?

17. What Jefferson Thought He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation.

18. Jefferson (continued) Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody... (letter to Isaac McPherson 1813 )

19. What the Constitution Says Section 8 (The Powers Clauses) congress shall have the power to Section 8 (The Powers Clauses) congress shall have the power to Clause 8: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; Clause 8: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

20. What the Constitution Says Section 8 (The Powers Clauses) congress shall have the power to Section 8 (The Powers Clauses) congress shall have the power to Clause 8: To promote the progress of science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; Clause 8: To promote the progress of science and useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

21. Who is Ada Core Technologies? Ada Core Technologies is a software company that remains 100% committed to the principles of Free Software and Open Source Ada Core Technologies is a software company that remains 100% committed to the principles of Free Software and Open Source Why? Why? It’s invaluable to our users It’s invaluable to our users It’s profitable for our company It’s profitable for our company

22. Overview Copyright Considerations Copyright Considerations Public Domain Public Domain Free Software Free Software Open Source Software Open Source Software Licensing Considerations Licensing Considerations The GPL and modified GPL The GPL and modified GPL Commercial considerations Commercial considerations

23. Copyright Considerations Copyright Copyright In England, a fundamental moral right belonging to authors In England, a fundamental moral right belonging to authors In the USA, a temporary property interest granted by congress in the public interest. In the USA, a temporary property interest granted by congress in the public interest. In practice little difference In practice little difference Details of laws do differ. This presentation basically presents the US practice. Details of laws do differ. This presentation basically presents the US practice.

24. Who Owns the Copyright The author automatically owns the copyright unless one of these holds The author automatically owns the copyright unless one of these holds Work-made-for-hire implied by employment Work-made-for-hire implied by employment Specific work-made-for-hire agreement Specific work-made-for-hire agreement Specific contractual assignment occurs Specific contractual assignment occurs No specific notice is required No specific notice is required No official registration required No official registration required Up to user to check copyright status Up to user to check copyright status

25. Copyright Registration In the US, copyrights are registered by depositing a copy with the Library of Congress. In the US, copyrights are registered by depositing a copy with the Library of Congress. For software, only need to deposit first and last section (can be just comments!) For software, only need to deposit first and last section (can be just comments!) Helps to establish a presumption of originality if done within five years. Helps to establish a presumption of originality if done within five years. Copyrights last life + 75 or 90 years (corp) Copyrights last life + 75 or 90 years (corp)

26. What can be Copyrighted Both Source and Object of Programs can be copyrighted Both Source and Object of Programs can be copyrighted Subject to exceptions Subject to exceptions Lack of originality Lack of originality Dictated by external considerations Dictated by external considerations Dictated by efficiency Dictated by efficiency No uniform law in this area No uniform law in this area

27. What Copyright Controls It allows the author to control copying It allows the author to control copying Loading a program is a copy Loading a program is a copy But certain copying is allowed But certain copying is allowed Fair use Fair use Creating backup copies Creating backup copies User owns a copy of the software, not the software itself. User owns a copy of the software, not the software itself.

28. Derived Works If a copyrighted work is modified by a new party, a derived work is created. If a copyrighted work is modified by a new party, a derived work is created. Creation of derived works is controlled Creation of derived works is controlled Fair use provisions apply Fair use provisions apply A derived work can only be copied with permission of both parties A derived work can only be copied with permission of both parties

29. De Minimus Copying De minimus refers to copying that is De minimus refers to copying that is Small in extent Small in extent Non-critical functionality Non-critical functionality Case law very vague Case law very vague Basically a jury decides Basically a jury decides Is a one line patch de minimus? Is a one line patch de minimus? No clear case law No clear case law

30. Fair Use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

31. Fair Use (continued) (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. (4) the effect of the use upon the potential market for or value of the copyrighted work.

32. Public Domain Software is in the public domain if Software is in the public domain if Enough time has elapsed (75 years!!) Enough time has elapsed (75 years!!) But this can be extended by modification But this can be extended by modification It is explicitly placed in the public domain by the holder of the copyright (and author?) It is explicitly placed in the public domain by the holder of the copyright (and author?) It is up to the user to properly determine if something is in the public domain. It is up to the user to properly determine if something is in the public domain. PD software is owned by no one. PD software is owned by no one.

33. More on Public Domain If a PD work is modified by an author, then a derived work is created. If a PD work is modified by an author, then a derived work is created. That derived work is wholly owned by the new author. That derived work is wholly owned by the new author. Not much is required to claim total ownership. Not much is required to claim total ownership. Example: Beethoven Sonatas Example: Beethoven Sonatas

34. Copyright and Licensing A copyrighted work may not be copied A copyrighted work may not be copied The copyright holder can grant a license permitting copies under specified circumstances. The copyright holder can grant a license permitting copies under specified circumstances. Licenses are pretty free to say anything they like (but not quite!) Licenses are pretty free to say anything they like (but not quite!) Virtually all software is sold this way Virtually all software is sold this way

35. The DMCA Digital Millenium Copyright Act Digital Millenium Copyright Act For the first time extends copyright beyond just copying For the first time extends copyright beyond just copying Recognizes the use of encryption (and other methods) to protect copyright “rights”. Recognizes the use of encryption (and other methods) to protect copyright “rights”. Criminalizes any attempt for any purpose to get around any such device or method Criminalizes any attempt for any purpose to get around any such device or method

36. The DMCA in Action Lexmark puts a chip in their printer cartridges Lexmark puts a chip in their printer cartridges Contains trivial code (but encrypted) Contains trivial code (but encrypted) Printer checks this code is there as expected Printer checks this code is there as expected Won’t work with cartridge if chip is not there Won’t work with cartridge if chip is not there Any attempt to get around encryption is a potential DMCA violation Any attempt to get around encryption is a potential DMCA violation Not resolved yet! Not resolved yet!

37. The DMCA in Action Russian company breaks encryption on Adobe electronic books. Russian company breaks encryption on Adobe electronic books. Allows disabled people to view larger versions Allows disabled people to view larger versions Not criminal in Russia Not criminal in Russia Programmer for company visits USA Programmer for company visits USA Gets arrested for violating the DMCA Gets arrested for violating the DMCA

38. Patents Quite different from copyright Quite different from copyright Much more limited period of time (20 years) Much more limited period of time (20 years) Patent a process (but not a recipe) Patent a process (but not a recipe) Patent an invention (but not an idea) Patent an invention (but not an idea) Must disclose invention and best embodiment Must disclose invention and best embodiment

39. More on Patents Must not have any prior art Must not have any prior art Must not be obvious Must not be obvious Can copyright non-obvious combination of obvious ideas Can copyright non-obvious combination of obvious ideas

40. Example of Combination Intermittent wind shield wipers, well known Intermittent wind shield wipers, well known Electric timers providing regular signals well known. Electric timers providing regular signals well known. Put them together, voila, electronically timed intermittent wind shield wipers Put them together, voila, electronically timed intermittent wind shield wipers Non obvious?? Non obvious?? Worth at least 17 million dollars Worth at least 17 million dollars

41. Software Patents Does a program express an invention or an idea? Does a program express an invention or an idea? If an invention, then can be patented If an invention, then can be patented In practice, software algorithms and programs can be copyrighted In practice, software algorithms and programs can be copyrighted

42. Some examples If on last line and press return, screen scrolls If on last line and press return, screen scrolls Progress bar (patented in Europe) Progress bar (patented in Europe) Graph coloring for register allocation Graph coloring for register allocation Font smoothing algorithms Font smoothing algorithms To exchnage little-endian/big-endian data, use canonical (e.g. LE) encoding for transfer, swap bytes if you need the other encoding To exchnage little-endian/big-endian data, use canonical (e.g. LE) encoding for transfer, swap bytes if you need the other encoding

43. How Patents Strike Apply for patent Apply for patent Patent granted Patent granted You find out about it You find out about it You are infringing from point of patent being granted to when you find out about it. You are infringing from point of patent being granted to when you find out about it. Patent is secret until it is granted Patent is secret until it is granted

44. Patents in Action No good font smoothing in Linux No good font smoothing in Linux New palm pilots don’t have grafitti New palm pilots don’t have grafitti Mozilla may have to eliminate plugins Mozilla may have to eliminate plugins Blackberry nearly closed down Blackberry nearly closed down Does this contribute to progress? Does this contribute to progress?

45. End of Part I Next Lecture, we will look at Free Software Next Lecture, we will look at Free Software

46. Part 2 Free and Open Source Software Free and Open Source Software

47. Copyright and Licensing Free Software and Open Source Software are typically: Free Software and Open Source Software are typically: Copyrighted Copyrighted With a license allowing copying With a license allowing copying Just like Microsoft! Just like Microsoft! The only difference is the license The only difference is the license The license allows some copying The license allows some copying

48. Free Software License allows License allows Copying for personal use with no restrictions of any kind at all Copying for personal use with no restrictions of any kind at all Redistribution of original software with sources Redistribution of original software with sources Redistribution of derived works with full sources Redistribution of derived works with full sources Derived works must be Free Software Derived works must be Free Software

49. The Idea of Free Software Encourage secondary distribution Encourage secondary distribution Encourage derived works Encourage derived works Encourage general use Encourage general use Create notion of public ownership Create notion of public ownership Unlike PD, no one can claim proprietary ownership of free software. Unlike PD, no one can claim proprietary ownership of free software. Free Software tries to approximate what people assume public domain means. Free Software tries to approximate what people assume public domain means.

50. Free Software Licenses The GPL The GPL Quite restrictive for redistribution Quite restrictive for redistribution Modified GPL Modified GPL Allows redistribution more generally Allows redistribution more generally BSD BSD No restrictions on redistribution at all No restrictions on redistribution at all Public Domain Public Domain

51. Free Software Ownership Free software license allows authors to own their own work Free software license allows authors to own their own work If you modify a Free Software program, you own the copyright If you modify a Free Software program, you own the copyright It is up to you to decide about distribution and allowing others to copy your work. It is up to you to decide about distribution and allowing others to copy your work.

52. Open Source Software Software distributed with sources Software distributed with sources Modifications encouraged, but may create distribution and ownership restrictions Modifications encouraged, but may create distribution and ownership restrictions The emphasis is on quality The emphasis is on quality Peer review of open code Peer review of open code Cooperative work to improve code Cooperative work to improve code

53. Open Source Software Licenses Are approved by OSI (Open Source Initiative) Are approved by OSI (Open Source Initiative) All Free Software is Open Source All Free Software is Open Source But other licenses are allowed But other licenses are allowed For example, APL (Apple Community License) For example, APL (Apple Community License) Specifies that Apple owns modifications Specifies that Apple owns modifications APL is not considered Free Software APL is not considered Free Software

54. The General Public License A Free Software License A Free Software License If you create a derived work, you can freely distribute it provided that If you create a derived work, you can freely distribute it provided that You provide sources (at reasonable cost) You provide sources (at reasonable cost) The resulting derived work does not have any additional restrictions. The resulting derived work does not have any additional restrictions.

55. Source Distribution Requirements To redistribute a GPL’ed program you must either To redistribute a GPL’ed program you must either Distribute the sources with the program Distribute the sources with the program Or make a written offer to provide the sources at a reasonable cost. Or make a written offer to provide the sources at a reasonable cost. Does not apply to original author Does not apply to original author Reminder: you do not have to distribute anything to anyone. Reminder: you do not have to distribute anything to anyone.

56. The “Virus” Effect If you have a proprietary product and you incorporate GPL components, then you can only redistribute if the result is also covered by the GPL. If you have a proprietary product and you incorporate GPL components, then you can only redistribute if the result is also covered by the GPL. This is simply the condition for allowing you to use the GPL component (which no one is forcing you to do) This is simply the condition for allowing you to use the GPL component (which no one is forcing you to do) Microsoft would not allow redistribution at all, so this is really not onerous. Microsoft would not allow redistribution at all, so this is really not onerous.

57. Can you Sell GPL’ed Software Yes of course Yes of course No one ever suggested otherwise No one ever suggested otherwise No restriction on price you can charge No restriction on price you can charge No special considerations at all No special considerations at all Of course someone can redistribute and charge whatever they want to charge. Of course someone can redistribute and charge whatever they want to charge.

58. Redistribution Requirements If you modify GPL’ed software are you required to redistribute your modifications? If you modify GPL’ed software are you required to redistribute your modifications? Of course not! Of course not! No one ever implied this No one ever implied this Such a requirement would be contrary to the entire spirit of the GPL Such a requirement would be contrary to the entire spirit of the GPL The GPL never ever forces distribution The GPL never ever forces distribution

59. How does the GPL affect Author If you issue a GPL to someone how does it restrict you, the author? If you issue a GPL to someone how does it restrict you, the author? Not at all Not at all A license you grant to others cannot affect you in anyway at all. A license you grant to others cannot affect you in anyway at all. You are free to do anything you want You are free to do anything you want For example, distribute to someone else with a different license. For example, distribute to someone else with a different license.

60. Modified Versions of GPL If runtime of compiler was GPL’ed then a program using runtime would be too. If runtime of compiler was GPL’ed then a program using runtime would be too. Nothing wrong with that Nothing wrong with that But it may not be what you want But it may not be what you want Modified versions of GPL allow more freedom. Modified versions of GPL allow more freedom.

61. The Library GPL LGPL permits more general use LGPL permits more general use Can distribute object only, even modified versions Can distribute object only, even modified versions Must distribute objects to allow relinking Must distribute objects to allow relinking

62. The Run-Time GPL Allows completely general incorporation of object code into executables Allows completely general incorporation of object code into executables No requirement for source or object distribution No requirement for source or object distribution Used for the C run-time. Used for the C run-time. Ideology note: pragmatically better to have people using FS even for non-FS than using non-FS for this purpose. Ideology note: pragmatically better to have people using FS even for non-FS than using non-FS for this purpose.

63. The GNAT Modified GPL Similar to run-time GPL Similar to run-time GPL Important difference specifically allows for generic instantiation Important difference specifically allows for generic instantiation Probably this is needed for C++ as well Probably this is needed for C++ as well Practical effect is to completely remove restrictions on derived use in programs Practical effect is to completely remove restrictions on derived use in programs But could not distribute modified library containing GMGPL components. But could not distribute modified library containing GMGPL components.

64. Example of Multiple Licensing Cygwin is a library from Cygnus providing Unix-like features for NT Cygwin is a library from Cygnus providing Unix-like features for NT Distributed under the GPL Distributed under the GPL Cannot be used in proprietary programs Cannot be used in proprietary programs But you can also license a proprietary version from Cygnus that can be used in proprietary programs. But you can also license a proprietary version from Cygnus that can be used in proprietary programs.

65. Example of Multiple Licensing Company S has backend for compiler Company S has backend for compiler Wants to put it together with g++ front end to create new C++ compiler Wants to put it together with g++ front end to create new C++ compiler Backend must be under GPL for this case Backend must be under GPL for this case Wants to put it together with some proprietary front end from company Q Wants to put it together with some proprietary front end from company Q Result here can be fully proprietary Result here can be fully proprietary

66. Open Source vs Commercial At the NYU forum last year, an NYU student asked Bill Gates if he would adopt the Open Source Model for any Microsoft Software. At the NYU forum last year, an NYU student asked Bill Gates if he would adopt the Open Source Model for any Microsoft Software. He answered saying that the commercial model worked better, since by charging a modest (!) fee for such products as Office, resources were available to improve the product. He answered saying that the commercial model worked better, since by charging a modest (!) fee for such products as Office, resources were available to improve the product.

67. Open Source vs Commercial This is a nonsense contrast This is a nonsense contrast Open Source software can be commercial Open Source software can be commercial And non-open software can be non- commercial And non-open software can be non- commercial They are unrelated concepts They are unrelated concepts And Bill Gates knows it! And Bill Gates knows it!

68. Commercial Considerations How FS and OSS fit into a commercial picture where goal is to maximize revenue. How FS and OSS fit into a commercial picture where goal is to maximize revenue. Use GNAT and GNAT Professional as examples Use GNAT and GNAT Professional as examples

69. Open Source Open Source Open Source Emphasis is on quality and commercial use Emphasis is on quality and commercial use Quality achieved by universal review Quality achieved by universal review Quality achieved by publication Quality achieved by publication Users have access to source Users have access to source Risk reduction Risk reduction Special requirements Special requirements

70. GNAT Professional Is a product sold with support Is a product sold with support Support is the primary product Support is the primary product But we do not break out cost of product But we do not break out cost of product No large up front payment No large up front payment Support cost is constant year to year Support cost is constant year to year Over period of time total cost is often higher than proprietary software. Over period of time total cost is often higher than proprietary software.

71. Redistribution Issues GNAT Professional is distributed under the GPL (and GMGPL as appropriate) GNAT Professional is distributed under the GPL (and GMGPL as appropriate) This allows redistribution This allows redistribution But we have never seen it happen But we have never seen it happen Redistribution is NOT a focus of OSI software, though it is permitted Redistribution is NOT a focus of OSI software, though it is permitted Boeing is not interested in providing software to Lockheed! Boeing is not interested in providing software to Lockheed!

72. GNAT Professional Sales Approach We regard the OS nature of GNAT as a big selling point We regard the OS nature of GNAT as a big selling point This has nothing to do with the Free Software goal of universal access and redistribution. This has nothing to do with the Free Software goal of universal access and redistribution.

73. “Why Open Source Is Essential” Cannot afford to rely on one vendor for support, there must be alternatives. Cannot afford to rely on one vendor for support, there must be alternatives. Cannot afford to have black box components in mission critical software Cannot afford to have black box components in mission critical software You can evaluate quality for yourself You can evaluate quality for yourself No source escrow considerations No source escrow considerations You can self maintain if necessary You can self maintain if necessary

74. “What you See is What You Get” No Easter Eggs in OSS Software No Easter Eggs in OSS Software By definition … By definition … By custom and practice By custom and practice EXCEL has a flight simulator built in EXCEL has a flight simulator built in What else is there? What else is there? And what does this say about QA? And what does this say about QA?

75. “Why Open Source Works for You” ACT makes money if you renew support ACT makes money if you renew support ACT has an interest in providing really good support, since otherwise you will not renew. ACT has an interest in providing really good support, since otherwise you will not renew. Our commercial interests are aligned with your project interests. Our commercial interests are aligned with your project interests. We provide “Project support” We provide “Project support”

76. But What about Ritchie? Ritchie’s Open Source Trojan Horse Ritchie’s Open Source Trojan Horse Incredibly complex theoretical model Incredibly complex theoretical model Never been done as far as anyone knows Never been done as far as anyone knows Does not apply to GNAT in any case Does not apply to GNAT in any case Since full development history is open Since full development history is open Each version compiled with previous vsn Each version compiled with previous vsn But in proprietary software, trivial But in proprietary software, trivial

77. Upsides to Open Source Approach Many people familiar with technology Many people familiar with technology We often hire people who have already worked for us as volunteers. We often hire people who have already worked for us as volunteers. OS appeals to technical folks OS appeals to technical folks Pride in work that is published Pride in work that is published “Good guys” “Good guys” Support orientation extends to staff Support orientation extends to staff All ACT staff are involved in support All ACT staff are involved in support

78. Downsides to OS Approach Competition is much easier, since sources and people are available. Competition is much easier, since sources and people are available. No captive market for support No captive market for support Restriction on what can be charged Restriction on what can be charged Long term concerns (next slide) Long term concerns (next slide)

79. Is Model Long-Term Viable? What if GNAT gets so good that no support is required? What if GNAT gets so good that no support is required? Won’t people simply use the freely available public version? Won’t people simply use the freely available public version? In practice most of our support is not fixing problems In practice most of our support is not fixing problems We constantly upgrade and improve We constantly upgrade and improve

80. Free Software Emphasis is on user rights Emphasis is on user rights Right of modification Right of modification Right of redistribution Right of redistribution A view of a free exchange of versions A view of a free exchange of versions This view is exactly right for the public version of GNAT This view is exactly right for the public version of GNAT Redistribution and modification encouraged Redistribution and modification encouraged

81. The Public Version of GNAT Familiarizes Students with GNAT Familiarizes Students with GNAT We provide no-cost university support We provide no-cost university support Allows people to evaluate GNAT easily Allows people to evaluate GNAT easily But this is a double-edged sword But this is a double-edged sword Since they do not evaluate our support Since they do not evaluate our support And tend to evaluate an old version And tend to evaluate an old version Makes GNAT universally known Makes GNAT universally known

82. Public Version Concerns This is an unsupported product This is an unsupported product We emphasize lack of support We emphasize lack of support But this can create concerns But this can create concerns We include a “nag-ware” message about availability of commercial support. We include a “nag-ware” message about availability of commercial support. People want to spend money, they are suspicious of “freeware”. People want to spend money, they are suspicious of “freeware”. We encourage this viewpoint! We encourage this viewpoint!

83. Public Version Releases We do not have to distribute the public version We do not have to distribute the public version We do not have to distribute GNAT sources We do not have to distribute GNAT sources We do not have to make public binary versions of GNAT We do not have to make public binary versions of GNAT We do anyway! We do anyway!

84. How is FS/OSS Working for ACT We do see some “cheating” We do see some “cheating” But then proprietary software is not free of that problem either But then proprietary software is not free of that problem either Our pricing structure seems to be reasonable for this kind of market Our pricing structure seems to be reasonable for this kind of market Not clear it would work in other markets Not clear it would work in other markets A path to success, but not wild success! A path to success, but not wild success!

85. Can This Model Work Elsewhere The ingredients for success The ingredients for success High level support required High level support required Specialized consulting required Specialized consulting required Complex software requiring full time team Complex software requiring full time team Long term projects requiring long term support. Long term projects requiring long term support.