There is concern that GPL-covered software may be unworkable in up-and-coming developing countries where rampant piracy may ultimately compromise IPR protections inherent in copyright law.

Sounding IPR alarms

A recent school of thought among some Intellectual Property Rights (IPR) analysts in the West suggests that GPL-covered software may be unworkable in up-and-coming developing countries where software piracy is epidemic.

Despite severe pressure from treaty administration bodies like the World Intellectual Property Organization (WIPO), many developing countries do not adequately enforce copyrights. In reality, unfortunately, piracy and its supporting framework are often the consequence of purchasing parity inequities as well as the result of different cultural norms.

Loudly ringing alarm bells, IPR watchdogs fear that activities and attitudes supporting software piracy in developing countries may ultimately compromise IPR protections inherent in copyright law. Ironically, free software, such as GPL-covered code, depends on the successful operation of copyright guarantees. Furthermore, any impact on free and open source software would not be confined to only developing countries. Because of collaboration and software exchange as well as the degree to which sharing is enabled by the Internet, the legitimacy and licensability of the open source commons could be contaminated on a world-wide basis.

Analysts argue that proprietary and non-free software may be absorbed inappropriately by developing economies which are disrespectful of IPR into the body of free and open source software which is otherwise strongly protected by the reciprocity requirements of open source licenses such as the GPL. In a doomsday scenario for open source, contamination may destroy the licensability of open source software, particularly copy-left GPL code, across the globe.

“The flowers of collaboration are ready to bloom, but the garden needs to be tilled more broadly in the developing world.”

A closer look

However, based on closer observation, the chemistry in developing countries appears different than presumed by these somewhat near-sighted observers from the West. Most organizations in developing economies, across government, education and industry, who choose open source and free software solutions do care genuinely about copyright licensability even if the local laws are sometimes difficult to interpret or to enforce. While the details of enforcement vary and where legislation and legal interpretation are vague, nonetheless, the spirit of both copy-left and attribution style open source software licenses are regarded carefully and seriously.

In particular, if an organization chooses to implement a GPL style project, then great care is usually taken to abide by the regulations spelled out by such a license. In fact, copy-left licenses are often selected in order to derive the presumed benefits of such a license. The benefits are perceived to include integration with other GPL-licensed code, building a community of developers and users through interaction and reciprocity, generation of good-will, etc. There is no general intention to subvert the common base of GPL and open source software.

In contrast to suppositions by some Western observers, piracy of end-user or retail software products has little bearing on the motivations for choosing to implement projects based on open source software. When software piracy is pursued, there is an active attempt both to minimize expenses as well as to profit from IPR theft. However, when free and open source software is chosen, there typically is a proactive intent to obtain the benefits of sharing and collaboration. The only real problem in developing countries is that progressive and enlightened leadership is often lacking and the ease of succumbing to artificial market subsidies by proprietary vendors or ignoring rampant product piracy wins in the end. Equally damaging, the benefits of sharing and collaboration often are not considered in purchasing decisions and project implementations in the automation efforts of organizations. The flowers of collaboration are ready to bloom, but the garden needs to be tilled more broadly in the developing world.

Good intentions protect the spirit of open source even in developing countries

The IPR pundits of the West need not worry so much about a disrespect for IPR destroying the basis for free and open source software. Any lack of respect of IPR cannot be separated from the intent of the IPR. If IPR is used to enforce purchasing power inequalities, then it is inevitably on a collision course with anti-IPR forces and piracy in its many forms. However, where IPR is used to increase knowledge and wealth through collaboration and sharing, there is evidence for genuine enthusiasm and protection for that use of IPR. One can only hope that the impediments to the adoption of free and open source IPR will be overcome more rapidly in developing economies.

Interesting moves in the Java hemisphere recently. Red Hat’s acquisition of JBoss and then at Sun’s Java Developer Conference, JavaOne in San Francisco - a flurry of announcements including Apache Harmony’s full support for SWING/AWT, IBM’s successes with Eclipse, and Sun’s revised Distro License for Java (DLJ). DLJ was endorsed by Ubuntu’s Mark Shuttleworth prominently on stage with Sun CEO Jonathan Schwartz. Schwartz hinted broadly at continuing to open up Java. Even Marc Fleury of JBoss announced Red Hat participation in Sun’s NetBeans project. A lot of positive dance moves but what’s next?

“Sun’s Distro License for Java (DLJ) makes Java more distribution friendly.”

The 3 C’s: Control, Compatibility, Community

Open source software and collaboration are here to stay. Commoditization of information technology components, whether software or hardware, is a reality. Every company is grappling with how to balance using open source collaboration and community while retaining control of their own technologies, innovation and developers. For Sun, whether it is Java, Solaris or Sparc technologies - every project is affected by the disruptive wave of open source. What’s more, everyone wants to turn the money wheel for their own benefit, open source or no open source. The trick, however, is to balance control with innovation, community and expansion of markets.

Maintaining compatibility and control while open sourcing Java is achievable according to Sun’s open source chief, Simon Phipps. Phipps, an expert on open source and key advisor to Schwartz, believes that after open sourcing Solaris, the same process for Java should be a lot easier for Sun. Just released, DLJ demonstrates Sun’s intent to make Java more distribution friendly. In the words of Simon Phipps, Sun is taking positive steps of “goodwill and intent to deliver in a new context.” And more presumably will follow.

Other open source experts, such as Danese Cooper of OSI, who earlier had been part of Sun’s internal licensing efforts for NetBeans, OpenOffice.org, OpenSolaris and CDDL, believes that Sun already understands the issues of control and compatibility in open sourcing Java. Sun’s spin on freeing Java during the past several years has been motivated by an interest in ensuring control of technologies and markets, and avoiding brand dilution. Today Sun understands that open source collaboration ultimately can amplify rather than diminish a successful project’s brand. It has clearly worked for Linux, Apache, and Mozilla. So why not open the gates?

Growing Java markets together

Further open sourcing Java with a flexible license could increase its developer base and contribution of new ideas as well as grow its market rapidly. An Eclipse-like Java foundation where all industry and community contributors can participate freely would be ideal. Obviously there are complex steps required in setting up an open source project structure and managing community contributions extending the Java Community Process (JCP). A full management structure with Java experts from various organizations is needed. Benefiting from community driven innovation and riding on a strong services organization can help Sun grow its market share and expand the global market for Java. Backed up by Sun’s top-notch engineering and services teams, and those of all of its collaborators, open Java will be a win-win for all.