Is information meant to be free? That is the question that plagues the masses in this Internet age. There is really no legal debate regarding ownership, it is quite obvious the developer actually owns the intellectual property. This ownership gives him or her the right to hide the source code of the software from the prying eyes of outside developers. The real debate is one of utility. Where is the greatest benefit derived: hiding the code or sharing it?
In 1998, Lego Company introduced the Mindstorms Robotic Invention Systems. This toy allowed users to build and program working robots using a simple computer interface. However, soon after its release, Lego enthusiasts hacked the system’s proprietary source code and posted their discovery on the web for all to see and use. Others built onto the hacked code to improve and enhance Mindstorms software, increasing the utility of the product. Though illegal, this was a boon for Lego because the hackers antics actually fueled sales of the toy; in the first year, Mindstorms would exceed sales projections by over 800 percent. Considering the outcome of the hackers illegal act, did they do anything wrong?
Lego didn’t intend to release Mindstorms source code, so there is no arguing with the fact that the hackers actions were tantamount to stealing, and constituted a criminal act. However, it is quite possible that Mindstorms would not have experienced the level of success it achieved without the help of the hackers as outside developers. This begs the question, what is the value of proprietary software?
Microsoft is the leader of the proprietary software establishment, arguing that unless a company protects it’s intellectual property, it will be stolen. Subsequently, investors will not get a return on their investment and no one will invest in future innovation. Microsoft’s main argument in support of proprietary software is that total cost of ownership is lower using their software than the non-proprietary, open source, alternatives. Microsoft also claims superiority in reliability, security, performance and interoperability, but are these arguments relevant? Certainly they are, but are they substantial?
I believe the answer is unequivocally, no. The problem with proprietary software is that the user never truly knows how good or bad the software is. The manufacturer hides the source code behind binaries so no one can get to them. This centralized management approach will not allow the user to adapt the software into a more useful form. Open source software, on the other hand, takes a decentralized management approach and “harnesses the power of distributed peer review and transparency of process”. As well as promising an end to predatory vendor lock-in, the open source initiative touts better quality software that costs less, and is more reliable and flexible than its proprietary counterparts. So, is open source the way to go?
Open source programs significantly increase innovation and utility in the Internet age. Eric S. Maskin, a professor at the Institute for Advanced Study in Princeton, New Jersey, and winner of the 2006 Nobel Prize in Economics, has done significant research in the area of software patents. He determined that innovations in the software market were achieved as a series of sequential steps, where each innovation was built on the work of predecessors. Since each innovator followed a different path to attain the same goal, software patents tended to stifle innovation. The bottom line, as Metcalf’s Law suggests, is that the more attention and software code a company has from outside developers, the greater the utility of the overall product line or brand.
Businesses have the right to protect their intellectual property through software patents and licensing. However, Lego’s Mindstorms experience should serve notice to these proprietary companies that the value of their product is not contained within its secrets. True innovation and ultimately consumer benefit will come at the hands of the users themselves. Like Lego Company, when business expose their code to the open source network of developers, the skies the limit.
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