Open Source Practice and Its Discontents Paul Jones - [email protected]

Ten Years Ago Shamans, Software, and Spleens Law and the Construction of the Information Society By James Boyle Paul Jones - [email protected]

Before that we had software • John “maddog” Hall says: All software was open source, when I started.

• Me too. IBM/DEC etc Paul Jones - [email protected]

And it was group work • Who is the author?

• What is the work?

• What is the invention?

• Who is the inventor?

Paul Jones - [email protected]

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 • But that’s just in the US Paul Jones - [email protected]

Levels of control • End User License Agreement • Copyright • Patent • Other contracts • International Treaties Paul Jones - [email protected]

libertarians tussle over DMCA and DRM • Cato’s paper says “Digital Millennium Copyright Act Hinders Innovation and Exasperates Consumers” • Progress and Freedom Foundation says “Their precise goal is to abolish IP rights in favor of some mystical commune wherein all IP is free as the air and creators are compensated by government.” Paul Jones - [email protected]

One Solution for Developing Nations • Strong protection for national actors • Weak protection for foreign actors • “Worked pretty well for the USA (in the 19th Century)” says Cory Doctorow Paul Jones - [email protected]

Another alternative • Tolerance of theft • Develops an undesirable industry • Discourages local skill development Paul Jones - [email protected]

Open Source Downside • Who is responsible?

• Who provides support?

• Who does the development?

• How can anyone make money?

Paul Jones - [email protected]

Commercialized Open Source • Assumes liability • Provides support • Facilitates development • And makes money Paul Jones - [email protected]

Cooperative Models that Work and Pay • Cyngus ( founded University of Pennsylvania grad Michael Teimann in 1989 ) • Moodle • Ubantu Linux Paul Jones - [email protected]

Open Source Upsides • Extreme localization - language and beyond • Persistent customization for hardware • Open for innovation - embedded to grid • Archival and persistent formats Paul Jones - [email protected]

Give a Man a Fish Story Paul Jones - [email protected]