Ethics. Ethics. Ethics. Ethics. The issue of software ownership. The issue of software ownership. Programmers and the Hacker mentality.

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1 Programmers and the Hacker mentality. hacker n. [originally, someone who makes furniture with an axe] A person who enjoys exploring the details of programmable systems and how to stretch their capabilities, as opposed to most users, who prefer to learn only the minimum necessary Non-criminal Notable early hackers : Brian Kernighan, Dennis Ritchie Creators of C Jim Gosling Creator or emacs / Head architect of Java Richard Stallman Head of the foundation Steve Wozniak, Steve Jobs Inventors of the Apple II Bill Gates King of Redmond But this is the early 21 st Century! Computers are a mainstay of everyday life. Not only hackers have computers Age of the Software Professional Not only hackers program computers Age of the Internet Not only hackers communicate with computers Age of Imbedded Software Not only computers have computers. The issue of software ownership What the law says: Software can be copyrighted Software can be licensed Software algorithms can be patented The issue of software ownership What others believe There are no property rights in cyberspace. -- John Perry Barlow

2 Not all software is proprietary There is a camp of programmers that believe, when it comes to software, that collaboration is far better than competition. Motivation for the movement to distribute source code freely with encouragement to build on and derive from this free code base Choice of developer as to which category his/her software belongs Non-proprietary software Open Source A development methodology E.g. Apache, Linux, Netscape A licensing philosophy E.g. GNU, Foundation Open Source A development methodology Typical: Group of developers (or a company) Keep source as a closely keep trade secret Maintain tight control over code base E.g. Try getting the source to Windows Open Source: Source code is free to whomever wants it. Modification of the code is encouraged Community coding Fascist management. E.g. Linux. ``Free software'' is a matter of liberty, not price. To understand the concept, you should think of ``free'' as in ``free speech,'' not as in ``free beer.'' Movement started in 1984 as a response to the growing number of proprietary implementations of UNIX. Richard Stallman Foundation GNU = GNU s Not Unix. A licensing philosophy: Free software is a matter of the users' freedom to run, copy, distribute, study, change and improve the software. Freedom 0 -- The freedom to run the program, for any purpose Freedom 1 -- The freedom to study how the program works, and adapt it to your needs (access to source is required) Freedom 2 -- The freedom to redistribute copies so you can help your neighbor Freedom 3 -- The freedom to improve the program, and release your improvements to the public, so that the whole community benefits. (access to source is required) implies Open Source but not visa-versa. does not mean that you cannot charge $$ for it Just means that if you change or distribute, you must distribute source as well as binaries so that others may build on your changes. Precludes the notions of: Proprietary Software Trade Secrets Software Patents

3 The GNU Public License (GLP) Copy-left Copyleft is a general method for making a program free software and requiring all modified and extended versions of the program to be free software as well. True for all derivative works, even those that use object libraries. The Lesser GLP GNU Lesser General Public License (LGPL) permits use of the library in proprietary programs Is the GPL legal? Has never been tested in court At least not yet! SCO vs. IBM In May of this year, Santa Crux Operations (SCO) filed suit against IBM claiming Misappropriation of IP Code from SCO UNIX found its way into Linux IBM (and others) are distributing Linux freely Also warning other distributors and USERS of possible lawsuits IBM and RedHat has since filed countersuits. SCO vs IBM Legal issues: Who owns what? Sorted history of the UNIX operating system Is UNIX under a GPL-like distribution? Can users be held liable for using software in violation of IP law? The players AT&T Inventors of UNIX (Bell Laboratories) IBM Developed their own UNIX, AIX SCO Also developed their own UNIX based on AT&T code Berkeley academic UNIX (BSD) based on AT&T code Linux community developed UNIX

4 Timeline AT&T settled an antitrust action brought by the United States. Bell Labs required to license its patents on reasonable and nondiscriminatory terms Development of UNIX at Bell Labs begins By 1975 Most UNIX development occurs outside of Bell Labs (specifically, much at Berkeley) SCO founded as UNIX consulting company. Develops Intel Based UNIX in Bell System broken up AT&T now able to enter the software business UNIX became an AT&T commercial product (System V) Timeline 1990 AT&T spins off wholly-owned subsidiary, UNIX Systems Laboratory (USL) USL vs. Berkeley, Berkeley won making USB UNIX it s own (which was distributed freely) 1991 the Univel joint venture was formed between Novell and USL Novell buys USL outright. USL and Univel became the Novell UNIX Systems Group 1994 Novell transferred the UNIX trademark to X/Open 1994 a group of Novell alumni formed Caldera Systems International, to market Linux 1995 Novell sold the UnixWare business to old SCO old SCO, IBM, and Intel began cooperating on Project Monterey, a Unix port for the Intel Itanium 2000 Caldera Systems International held an IPO as a Linux company SCO split up. The SCO brand, SCO OpenServer and the Bell Labs codebase were acquired by Caldera Caldera began trading under the SCO name SCO sues IBM for IP missapropriation. So who owns UNIX? Code base (System V) was originally marketed by AT&T, then USL, then Novell, then Calera (now SCO) Open source UNIX (BSD) became Linux Totally and legally divorced from System V code. Problem is with IBMs contribution to latest version of Linux.

5 What is UNIX? What is being fought over in the courts: Trademark (owned by The Open Group). Standards specification (controlled by The Open Group). Philosophy (well known, widely imitated, often misunderstood, owned by nobody). Patents -- relevant to this case, several held by AT&T, several by Novell, very, very few by Caldera, and very, very many by IBM. Copyright -- original Unix codebase "System V", derived from AT&T, last clearly owned by Novell, now claimed by Caldera with some justification. "Trade secrets" claimed by Caldera. Linux Users Can users be held liable for using software in violation of IP law? Probably not Courts will decide (Though this may never get to court) Parties will come back to court Feb 2004 Lawsuit will be pushed back probably to Web sites: SCO vs. IBM Web Site Open Software Initiative Response SCO v. IBM Linux lawsuit (wikipedia) inux_lawsuit More Web sites: GNU Open Software Initiative Tomorrow: Review for final That s all folks Thanks for playing! Now course evaluations.

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