From:
http://www.oreillynet.com/pub/a/network/2002/06/28/vendor.html?page=2

The Strange Case of the Disappearing Open Source Vendors
by Tim O'Reilly
06/28/2002

      "Is there any point to which you would wish to draw my attention?"
      "To the curious incident of the dog in the night-time."
      "The dog did nothing in the night-time."
      "That was the curious incident," remarked Sherlock Holmes."

--Sir Arthur Conan Doyle, Silver Blaze, 1894

Each year, in preparation for the Open Source Convention, I try to wrap
my head around the current state of open source. What's the big story?

Back in 1998 when the term "open source" was coined, the story was
simple: "Just because there's no vendor behind software, it doesn't mean
it isn't important. The Internet runs on open source software (BIND,
Sendmail, Apache, Perl), so any enterprise that depends on the Internet
also depends on open source." As in the Sherlock Holmes story, Silver
Blaze, the "curious incident" was the absence of the expected. The
press, the analysts, and the computer industry as a whole ignored open
source software because no one was paying for it. An industry whose
measurements were focused on vendor market share had no way to come to
grips with a market segment in which software could be adopted by end
users without money changing hands.

But like the misdirection that often characterizes mystery stories, the
first and most obvious conclusion may lead the investigation astray.
Many people rushed to the conclusion that the answer was to monetize
this market segment! Over the next few years, open source boomed along
with the Internet, and we saw a huge influx of venture capital
(especially into Linux) and several multibillion-dollar IPOs.

In the summer of 2002, though, the story is much more sober. The dot-com
boom has ended, the VCs and the stock market are in retreat, and of all
the much-hyped open source companies, only a few are left. Red Hat is
still flourishing, but VA Linux Systems has taken "Linux" out of its
name; Caldera, SuSe, Turbolinux, and Connectiva are joining forces;
Eazel, Great Bridge, and Lutris are out of business, among many others.
(Note: In addition to Red Hat, there are some quiet successes: Zope,
ActiveState, and CollabNet all have continued solid growth. Disclaimer
((or should it be bragging rights?)): O'Reilly is an investor in all
three.)

At the same time that many open source vendors have stumbled, though,
the acceptance of open source has gone through the roof. And it is here
that we can see the true significance of the Sherlock Holmes story with
which I began this piece: the dog did nothing because it was the owner
of the dog who came in during the night.

Open source is ultimately about empowering users, not vendors. Eric
Raymond made this point convincingly in the third of his essays on open
source, The Magic Cauldron (now collected as The Cathedral and the
Bazaar), pointing out that far more software is written for use than for
sale. In a section entitled "The Manufacturing Delusion," he notes:

"We need to begin by noticing that computer programs, like all other
kinds of tools or capital goods, have two distinct kinds of economic
value. They have use value and sale value.

The use value of a program is its economic value as a tool, a
productivity multiplier. The sale value of a program is its value as a
salable commodity.

When most people try to reason about software-production economics,
they...have a strong tendency to assume that software has the value
characteristics of a typical manufactured good. [This assumption is]
demonstrably false.

Scanning the employment section of your local newspaper is an
enlightening experiment that I urge the reader to perform for him- or
herself. Examine the jobs listings under programming, data processing,
and software engineering for positions that involve the development of
software. Categorize each such job according to whether the software is
being developed for use or for sale.

It will quickly become clear that, even given the most inclusive
definition of "for sale", at least 19 in 20 of the salaries offered are
being funded strictly by use value (that is, value as an intermediate
good)."

It is the users of Apache and Perl and Sendmail, from dot-com sites like
Yahoo, Amazon, and E*Trade, to ISPs and other Internet infrastructure
providers such as UUnet, Rackspace, and Akamai, to thousands of small
Web design firms and other service businesses, not to mention large end
users like Wal-Mart*, that are making (or saving) money with open
source.

(*Yes, I know that Wal-Mart shows up on Netcraft as running Microsoft
IIS, but curiously, the operating system is Linux. So, it appears to be
a case of the fairly common Apache hack, in which the Apache source is
modified to output IIS as the server string. Mike Prettejohn of Netcraft
assures me that the method used to find out the underlying operating
system is less susceptible to modification in this way than the Web
server signature.)

Bob Young, the former chairman of Red Hat, once remarked that what Red
Hat actually sells is control, the power of end users to extend, modify,
and service their own software, rather than depending on the whims of a
vendor. He repeated this idea in a recent interview with ZDNet UK:

"...for the first time the customer was given control over the
technology that you're asking them to invest in.... The beauty of open
source software is that when you run into a bug you can get it fixed.
You get source code and you get a licence that allows you to modify it.
It's like buying a car with a hood that you can open, as opposed to the
traditional model in the software industry where the hood is locked
shut. If you can open the hood it means you can fix your car, but it
also means you have access to 10,000 car repair shops across the U.K.
Whereas if the hood's locked shut, and if your vendor denies that it's a
bug, which is known to happen, you're completely stuck."

In many of its recent attacks, Microsoft has argued that open source is
bad for business, but you have to ask, "Whose business? Theirs, or
yours?" The answer to that question is very different if you're an end
user rather than a software vendor.

If you look at the sessions at the upcoming O'Reilly Open Source
Convention in San Diego, you won't see lots of software-vendor product
pitches. Instead, you'll see open source being put to work by its
owners. Lincoln Stein, Ewan Birney, and Jim Kent are deciphering the
human genome. Robert Spier of Walt Disney Feature Animation and Milton
Ngan of Weta Digital (the animation company that worked on the movie
version of Lord of the Rings) are using Perl and Linux to make better
movies. Jason Asbahr is using Python to develop the logic for games on
the Sony Playstation and the Nintendo GameCube. Jeremy Zawodney of Yahoo
talks about MySQL Optimization not because Yahoo sells MySQL but because
it uses it to deliver its service. And of course, it's not just the
speakers but the attendees at the conference who are using open source
to improve productivity, cut costs, and drive innovation in the products
and services that they do sell.

Some of the industries and well-known companies represented by attendees
at the conference include aerospace (Boeing, Lockheed Martin, General
Dynamics, Raytheon, NASA); computers and semiconductors (Agilent, Apple,
Fujitsu, HP, Intel, IBM, Philips, Intuit Macromedia, SAIC, Sun, Texas
Instruments, Veritas); telecom (ATT Wireless, Nokia, Qualcomm, Verizon
Wireless); finance, insurance, and accounting (Barclays Global
Investors, Morgan Stanley, Federal Reserve Bank, PriceWaterhouseCoopers,
Prudential); media (AOL Time Warner, BBC, Disney, LexisNexis, Reuters,
USA Today, Yahoo); and pharmaceuticals (GlaxoSmithKline, McKesson,
Merck, Novartis, Pfizer).

(If this list (derived from a few minutes looking over the conference
program and attendee list) isn't enough to convince you how widely open
source is used in business, Chris DiBona, Jeff Bates, Karim Lakhani, and
Robert G. Wolf will be doing a session on Open Source Demographics: Who
They Are and Why They Do It. And Paul Pangaro and Elaine Coleman of Sun
Microsystems talk about the changing relationship between business and
developers.)

Open Source in Government

And then there's the biggest IT end user of them all: government.
Governments around the world are increasingly showing an interest in the
cost savings and increased control by end users that open source
provides.

At the conference, Todd Ogasawara tells how shifting budget priorities
pushed the state of Hawaii to move away from commercial software
solutions to Linux, Apache, MySQL, Zope, Python, and PHP for its
Intranet portal. Lisa Nyman and Rachael LaPorte Taylor explain how the
FedStats.gov site was built with Perl, Apache, and MySQL. Kim Brand and
Matthew Hartmann talk about open source opportunities in schools. (Their
work is with a small group of Catholic schools in Indianapolis, but as
Matthew Szulik, CEO of Red Hat, points out: "The average technology
expenditure per student is $105 per year--money that should be stretched
as far as possible." It's in the public interest for public schools to
use publicly available software whenever possible.")

And of course, as with the commercial sector, conference attendees span
a wide range of national, state, and local government agencies, from the
Department of Defense, the Census Bureau, and the EPA all the way down
to Medina County in Ohio.

Ever prescient about marketplace threats, Microsoft was the first to
realize that government was perhaps the key battleground between open
source and proprietary software. It began its public campaign against
Linux and open source in early 2001 with much publicized remarks by Jim
Allchin ("Open source is an intellectual-property destroyer") and Steve
Ballmer ("Linux is a cancer"). These were not attacks on deep-pocketed
Linux backers such as IBM and Hewlett-Packard, but an attempt to
undermine support for Linux by U.S. government agencies. The focus on
Linux in government has continued and intensified in recent months, with
salvos against the Pentagon and the government of Peru.

Not content with direct attacks, the Microsoft-funded Alexis de
Tocqueville Institution released a "study" claiming that open source
might undermine our national security:
In a paper to be released next week, the Alexis de Tocqueville
Institution outlines how open source might facilitate efforts to disrupt
or sabotage electronic commerce, air-traffic control, or even sensitive
surveillance systems.

Unlike proprietary software, open source software does not make the
underlying code of a software confidential.

"Computer systems are the backbone of U.S. national security", says
Fossedal, chairman of the Alexis de Tocqueville Institution and its
Committee for the Common Defense, which will release the study. "Before
the Pentagon and other federal agencies make uninformed decisions to
alter the very foundation of computer security, they should study the
potential consequences carefully."

This is FUD of the highest order, because, of course, it is Microsoft's
software, not open source software, that has been the focus of security
breakdowns so common as to become routine. Most security experts believe
that open source software is likely to be more secure than proprietary
software, becuase it doesn't rely on obscurity for security, but on
effective, secure systems design.

The de Tocqueville paper consists of little more than unsupported
assertions about the danger of open source, and has been refuted at
length elsewhere. What is germane to my argument here, of course, is
that Microsoft has correctly identified government as one of the key
axes of open source adoption, and the fierceness of their attacks
indicate just how concerned they are about it.

The willingness to make scurrilous accusations ("open source might
facilitate efforts to disrupt or sabotage electronic commerce,
air-traffic control or even sensitive surveillance systems") is
symptomatic of the disregard for the truth afflicting corporate America
these days. The willingness to harness misinformation as a tool of
corporate strategy springs from the same "me first at all costs"
mentality that led us to the Enron debacle. Just as Enron thought it was
appropriate business practice to manipulate the California energy
markets to raise its profits, Microsoft seeks to influence public policy
to raise the costs of software and prohibit government support for a
low-cost alternative.

The national security threat promised by the de Tocqueville press
release turned out to be nothing more than a few inflammatory paragraphs
buried in a much larger document repeating and expanding on Microsoft's
attacks on the "business-unfriendly" nature of the GPL.

The chief argument appears to be that code covered by the GPL can't be
combined with proprietary code because doing so requires the resulting
product also to be released under the GPL. Of course, this argument
trades on ambiguity. It implies that, as Steve Ballmer said last year in
his "Linux is a cancer" interview, GPL'd software "attaches itself in an
intellectual property sense to everything it touches", when in fact, the
"viral" effect of the GPL applies only if the code from a GPL'd program
is actually incorporated into another program. And of course, Microsoft
code can't be incorporated into other products either, under any terms
at all (or at least without paying substantial sums to Microsoft), while
GPL'd code is useful for any public or private sector projects that care
to play by its rules.

As I've long made clear, I prefer BSD- or Apache-style licenses, or
dual-licensing schemes such as the SleepyCat license, because I believe
they allow for a richer ecology of open source and proprietary
commercial development. Of course, this preference is within the context
of support for all licenses, from the most proprietary to the most free,
since my primary belief is in the right of developers to set the terms
for the reuse of their code in an way that best serves their objectives.
And that includes Microsoft's right to set the terms under which they
license their own software--but only so long as the user is free to
accept or reject those terms in a fair marketplace.

While it may not seem so from this article, I'm actually a big fan of
Microsoft. They had a vision early on of cheap, ubiquitous personal
computing, and the fact that computers are so widespread today is in
part a tribute to their singleminded pursuit of that vision. And now,
with .NET, they have a new vision, of an Internet-scale operating
system, which is driving the industry forward into uncharted territory.
Despite the many knocks on them from the open source community, they are
an innovative company. But they are also an arrogant company, and one
that has fallen into the trap of assuming that they somehow have a right
to profit levels that they've enjoyed in the past, and that any method
to maintain that profitability (even when growth slows) is legitimate.

I part ways with Microsoft when they seek to restrict the choice of
their users, whether by unfairly using their monopoly position to
extinguish competitors, or by undermining industry standards with
non-interoperable extensions, or by locking in users, or by seeking to
influence public policy to shut out open source software.

The vehemence of Microsoft's attacks on the GPL have led me to believe
that GPL advocates may be right that it is the public's best defense
against companies that want to take from the commons without giving
anything back, or worse, block the commons so that people will have to
buy their products. As a result, I've invited Richard Stallman to
keynote at this year's Open Source Convention. Richard's uncompromising
vision that software should belong to its users so that they can repair
and extend it as needed is a refreshing corrective to the excesses of an
industry that pits itself against its customers in order to extract
maximum profits from them.

The concept that the GPL is "business unfriendly" is based entirely on
the concept that only software vendors make money with software. If in
fact, the great majority of software is developed by users of the
software, and not by vendors, then open source is very good for
business, and a policy that encourages lower-cost alternatives to
high-cost proprietary software is a good public policy. It is no
accident that inside Microsoft, decisions that lead to software lock-in
are referred to as "the strategy tax." This tax is imposed not just on
Microsoft's own developers, but on corporations and government
institutions.

Customer lock-in is the real enemy of business, not the GPL.

In a recent piece on the difficulty of extracting his mail and contacts
from Outlook 2000, Dale Dougherty wrote a paragraph that ought to be
studied hard by decisionmakers at Microsoft:
Nike is running a series of bold, new commercials featuring Tiger Woods,
who says his contract with Nike doesn't require him to use its equipment
unless he finds it to be the best in the market. He says with amusement
that it puts the pressure on Nike to be the best or else. If Microsoft
is the best at what it does, then it shouldn't have to resort to this
kind of lock-in of its contract with users. Let us choose the best.

This is the very same point made by Peruvian Congressman Edgar
Villanueva Nuñez, in his letter to Microsoft responding to their protest
against his bill to have the Peruvian government mandate use of free
software:
"To guarantee the free access of citizens to public information, it is
indispensable that the encoding of data is not tied to a single
provider. The use of standard and open formats gives a guarantee of this
free access, if necessary through the creation of compatible free
software.

To guarantee the permanence of public data, it is necessary that the
usability and maintenance of the software does not depend on the
goodwill of the suppliers, or on the monopoly conditions imposed by
them. For this reason the State needs systems the development of which
can be guaranteed due to the availability of the source code."

(Incidentally, I've invited Congressman Villanueva Nuñez to be my guest
at OSCON. I'm hopeful that he can take part in the session we have
planned on Open Source in Government. Microsoft is also invited to send
a representative.)

My concern to air the issues around open source in government was
triggered not just by the de Tocqueville piece, but because I've heard
tales that intense Microsoft lobbying is making some open source
advocates in government keep their heads down. This pressure has hit one
of our planned speakers at the Open Source Convention. Here's an excerpt
from mail I received from one of the conference planners:

I have been talking with name deleted. Long story short, other speaker
name deleted called this morning and said he can't do the talk. I got
the impression he was in deep doo doo with his bosses. He asked me to
take him off the Web site quickly, along with any reference in the
description to name of government agency deleted. He said the talk can
in no way appear to represent agency.

I'd like to see more serious debate about public policy regarding
software. Like most members of the industry, I believe that less
government intervention is better, but once the government does get
involved, and companies with full-time lobbyists (like Microsoft) are
working the issues, it behooves us all to make sure that our voices are
heard and the issues thoroughly explored.

And of course, companies that use open source software to reduce costs
or serve their customers, as well as universities, research labs, and
individual users, should stay the course, choosing the software that
best meets their needs, rejecting software that unfairly limits their
choice or seeks to extract too high a price for the value it delivers,
and continue to share with others, in a cooperative marketplace, tools
that can make the pie bigger for everyone.

It may turn out that the observation that first triggered the wave of
open source activism ("Just because there's no vendor behind software,
it doesn't mean it isn't important") remains the touchstone of the
movement. The "strange case of the disappearing open source vendors"
doesn't reflect the weakness of open source but its strength. And the
fact that open source may reduce the revenues of some software vendors
does not mean that it reduces economic activity or economic success, but
instead that it correctly allocates the profits to the developers of
that software, its users.

Tim O'Reilly is founder and president of O'Reilly & Associates and an
activist for Internet standards and for open source software.

oreillynet.com Copyright © 2000 O'Reilly & Associates, Inc.

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