Posted on 08/16/2004 10:08:22 AM PDT by ShadowAce
The open-source movement has had a remarkable run of success that has seen software such as the Linux operating system and the Apache Web server emerge as major challenges to Microsoft. However, the movement is now facing a crisis. At its heart is a question that has been around from the very beginning: How does software owned by everyone and by no one survive in a world where copyrights and patents shape the legal landscape? The question is being forced on a number of fronts, and if open source is to play an important role in software's future, the issue will have to be dealt with decisively.
(Excerpt) Read more at businessweek.com ...
Just one example of several misconceptions in this article.
Open Source tech ping
"software such as the Linux operating system and the Apache Web server emerge as major challenges to Microsoft. "
And another misconception proffered by the author. Major? Not really.
There are more Linux/Apache web servers on the Internet than MS/IIS servers.
"There are more Linux/Apache web servers on the Internet than MS/IIS servers.
"
Source?
I found this, regarding high-traffic servers. I'm looking for more stats.
Alexa 1,000
1 459 49.73% Apache
2 218 23.62% Microsoft
3 185 20.04% Netscape
4 16 1.73% zeus
5 5 0.54% Binary file (standard input) matches
6 3 0.33% AOLserver/3.0
7 2 0.22% AV/1.0.1
8 2 0.22% JavaWebServer/1.1.1
9 2 0.22% Oracle_Web_Listener/4.0.8.1.0EnterpriseEdition
10 1 0.11% Cisco Systems/1.4.1 (Unix)
11 1 0.11% Domino-Go-Webserver/4.6.2.5
12 1 0.11% Etoys Web server 1.2
13 1 0.11% GWS/1.9
14 1 0.11% HydraWEB 1.0FCS
15 1 0.11% IBM-Planetwide/10.45 Domino-Go-Webserver/4.6
16 1 0.11% JavaWebServer/1.1
17 1 0.11% MHttpd/3.2 (UAI; i686-linux; Meta-HTML/6.08)
18 1 0.11% Mathopd/1.3pl4
19 1 0.11% Mediasurface/2.0
20 1 0.11% NCSA/1.5.2
21 1 0.11% NaviServer/2.0 AOLserver/2.3.3
22 1 0.11% Ootle_Server/1.0
23 1 0.11% Open-Market-Secure-WebServer(Global)/2.0.10.RC0
24 1 0.11% Open-Market-Secure-WebServer/V2.1.
25 1 0.11% Oracle_Web_Listener/4.0.7.1.0EnterpriseEdition
26 1 0.11% Oracle_Web_listener2.1/1.20in2
27 1 0.11% Oracle_Web_listener3.0.2.0.0/2.14FC1
28 1 0.11% RSMV/1.2.4 (Unix)
29 1 0.11% This
30 1 0.11% Unknown/0.0.0
31 1 0.11% WWW
32 1 0.11% WebLogic 4.5.1 Service Pack 9 05/24/2000 07
33 1 0.11% WebSTAR/4.2 ID/70009
34 1 0.11% WebSTAR/4.2 ID/70636
35 1 0.11% WebSpective Interceptor 3.0
36 1 0.11% thttpd/2.16 29feb00
37 1 0.11% tigershark/0.9.9-S
38 1 0.11% tigershark/0.9.9-SS
39 1 0.11% txshttpd/1.0 ThreadedDBL/1.0
Media Metrix 500
1 187 37.78% Apache
2 135 27.27% Microsoft
3 124 25.05% Netscape
4 2 0.40% AOLserver/3.0
5 2 0.40% zeus
6 1 0.20% AV/1.0.1
7 1 0.20% Binary file (standard input) matches
8 1 0.20% Commerce-Builder/2.10 (Win32; ix86; S) Commerce-Builder/2.10
9 1 0.20% Etoys Web server 1.2
10 1 0.20% GWS/1.9
11 1 0.20% HydraWEB 1.0FCS
12 1 0.20% IBM-Planetwide/10.45 Domino-Go-Webserver/4.6
13 1 0.20% JavaWebServer/1.1.1
14 1 0.20% Mathopd/1.3pl4
15 1 0.20% Mediasurface/2.0
16 1 0.20% NaviServer/2.0 AOLserver/2.3.3
17 1 0.20% Open-Market-Secure-WebServer/V2.1.
18 1 0.20% Oracle_Web_listener3.0.2.0.0/2.14FC1
19 1 0.20% ROXEN
20 1 0.20% Rapidsite/Apa-1.3.4 FrontPage
21 1 0.20% Respond.com/2.5
22 1 0.20% WebSTAR/4.2 ID/70636
23 1 0.20% WebSitePro/2.4.9
24 1 0.20% WebSpective Interceptor 3.0
100 Hot
1 44 48.35% apache
2 20 21.98% microsoft iis
3 16 17.58% netscape
4 1 1.10% AV/1.0.1
5 1 1.10% GWS/1.9
6 1 1.10% IBM-Planetwide/10.45 Domino-Go-Webserver/4.6
7 1 1.10% JavaWebServer/1.1.1
8 1 1.10% Mediasurface/2.0
9 1 1.10% NaviServer/2.0 AOLserver/2.3.3
10 1 1.10% Open-Market-Secure-WebServer/V2.1.
11 1 1.10% ROXEN
12 1 1.10% WW
13 1 1.10% WebSitePro/2.4.9
14 1 1.10% zeus
As for Linux, I'd really like to know what those patents were. Perhaps they'll help illustrate how absurd a lot of software patents really are. The purpose of patents and copyright is clearly described as being "[t]o promote the Progress of Science and useful Arts," not to stop progress and competition.
simple - modify the GPL to insist that fees be paid for any patented works included in software packages but nonpatented items be freely available. Done. (Teeth gnashing and nazghul wailing in the distance...)
most of which are doing nothing useful.
You appear to be correct.
Linux is copyrighted. Software patents are stupid and should be abolished.
Apache has already eclipsed IIS.
Sun is afraid of Linux, not Win XP Servers.
The future used to be .NET. Now it is Linux (or BSD) servers and mixed desktops. The low cost of Open Source servers proved to be more important than the architectural advantages of .NET.
Uh, Apache's been around a lot longer than IIS. It also has alot more users (currently almost 3 to 1) and always has.
GPL advocates have no problem chest-thumping when somebody is in violation of the GPL, and often retort with software patents are stupid when a patent is asserted.
US Law allows for software patents, and open-source groups have to come to grips with that reality. Too much money has been paid to the USPTO to suddently go back and say, "never mind, software patents no longer apply."
A better approach would be to advocate reform where non-commercial distribution and use are free to us patented methods.
Most people believe that they can use GPL'd software, and modify it for internal use without releasing the source code changes. However, the GPL FAQ is inconsistent with that when the internally modified code is used for Web interaction. When the question was clearly asked to the FSF, there reply was that they will not interpret the GPL unless they are paid for their effort since it seemed the questioning party was promoting the use of proprietary software.
The problem Microsoft faces is that Microsoft USED to be the cheap off-the-shelf solution compared with Sun, HP, IBM, etc. proprietary mid-range systems. It was totally plausible that Microsoft would dominate what had been midrange systems with Windows servers, especially when, with .NET, you can migrate objects very easily between layers.
The problem is Microsoft can't compete against free, everybody except Sun adopted Linux as a server OS, and not that many people NEED a super-flexible multi-tier system.
Not true. If it turns out not to be valid intellectual property, it just goes *poof*. Another example is spectrum ownership. It's looking obsolete. It may just go away. Or it could be periodically re-auctioned at ever-higher prices, or heavily taxed, to encourage minimal exclusive use of spectrum.
IPRs and spectrum rights are not the same as other property. Declaring them invalid is not the same as a taking.
Good luck with that pal. IBM probably owns most patents in software.
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