University of Edinburgh law lecturer Andres Guadamuz wrote a blog entry this week highlighting some particularly troubling aspects of the IIPA's 301 recommendations. The organization has condemned Indonesia and several other countries for encouraging government adoption of open source software. According to the IIPA, official government endorsements of open source software create "trade barriers" and restrict "equitable market access" for software companies.
The profound absurdity of this accusation is exacerbated by the fact that Indonesia's move towards open source software was almost entirely motivated by a desire to eliminate the use of pirated software within the government IT infrastructure. It's important to understand that Indonesia has not mandated the adoption of open source software or barred government agencies from purchasing proprietary commercial software.
The Indonesian government issued a statement in 2009 informing municipal governments that they had to stop using pirated software. The statement said that government agencies must either purchase legally licensed commercial software or switch to free and open source alternatives in order to comply with copyright law. This attempt by Indonesia to promote legal software procurement processes by endorsing the viability of open source software has apparently angered the IIPA.
In its 301 recommendations for Indonesia, the IIPA demands that the government rescind its 2009 statement. According to the IIPA, Indonesia's policy "weakens the software industry and undermines its long-term competitiveness" because open source software "encourages a mindset that does not give due consideration to the value to intellectual creations [and] fails to build respect for intellectual property rights."
The number of ways in which the IIPA's statements regarding open source software are egregiously misleading and dishonest are too numerous to count. The IIPA seems to have completely missed the fact that there is a very robust ecosystem of commercial software vendors in the open source software market and that open source software is at the heart of some of the most popular consumer electronics products that are sold in the United States. It has clearly become an important part of the US software economy and increasingly serves as an enabler of innovation and technological progress.
In light of the profitability of Red Hat and other open source leaders, it seems absurd to contend that open source software adoption will weaken the software industry or reduce its competitiveness. In fact, the emergence of open source software has contributed to creating a more competitive landscape in the software industry by offering alternative business models that enable smaller companies to gain traction against the dominant incumbent players.
The IIPA's position is profoundly hypocritical, because many parts of the US government, including the Department of Defense, have issued their own memos endorsing open source software adoption.
The IIPA's disingenuous move to equate open source software with piracy reeks of desperation. The BSA and other IIPA members are likely losing sleep over open source software because that development model and approach to licensing will empower developing countries to build their own domestic IT industries, eliminating the need for them to tithe to American software giants. It's another failing of the 301 review, which Big Content wants used to coerce other countries into adopting ever-more-stringent copyright laws.
thinkahol * on 18 Oct 11If, as Lessig conclusively demonstrates, Congress is indifferent to the will of the people and to democratic debate - because it has been captured by monied interests to whose interests it exclusively attends - then the people lose the ability to affect what government does in any realm. It doesn't make much difference which problem you believe is most pressing: this is the dynamic that lies at the heart of it. Inaction on climate issues is due to the power of polluters and energy companies; the power of the private health insurance industry blocks fundamental health-care reform; endless war and civil liberties abuses are sustained by the power of the surveillance and National Security State industries; and a failure to achieve real Wall Street reform is due to the fact that, as Sen. Dick Durbin amazingly acknowledged about the institution in which he serves, "the banks frankly own the place." Without finding an effective way to address that overarching problem, the only recourse for citizens becomes either passive acceptance of their powerlessness (i.e., apathy and withdrawal) or disruption and unrest fomented outside of the electoral system (the driving ethos of OccupyWallStreet).
