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Open source is weak Window?

IP Theft expert feels that OS communities need to gear up on security loopholes and legal locks

Pratima Harigunani

Wednesday, October 01, 2008

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PUNE, INDIA: Open source is hot, but it still has some catching up to do when it comes to true commercialization, better security and legal teeth.

At least Bob Zeidman, president of Zeidman Consulting, and president of Software Analysis and Forensic Engineering Corporation, a provider of software intellectual property analysis tools, harbours these opinions.

As he explains, inherent security capabilities with Open Source (OS) is a confusing subject as protections within the software and other nuts and bolts have just started to happen. A part of this can be attributed to the lack of enough interest in lawsuits by the OS communities.

"Mostly they either relied on co-operative efforts or gentle pressure," he explains. But if the communities increase their accent on lawsuits and voice against IP infringements, there could be a chain reaction as soon as many companies have incorporated IS in proprietary products in violation of OS licence.

"This is partly due to the complexity aspect and partly due to lack of IP protection," adds Zeidman, who is also a well-regarded expert in intellectual property disputes related to software source code, microprocessor design, networking, and other technologies.

Bodies like the Software Freedom Law Centre and The GPL Violations Project are actively pursuing license violators and have filed some suits in courts like the US and Germany recently.

Suits like NetApp Vs Sun, Xterasys GPL case, the early wave of SCO Inc. suits, are some examples of the action brewing against OS IP infringement in the OS territory.

In the NetApp case for instance, NetApp contended that Sun's ZFS file system technology, which was donated to the OpenSolaris.org open-source community, infringed on seven NetApp patents.

Another test case for the GPL was filed against telecom company Verizon apart from other SFLC cases around BusyBox.

However, the issue and OS wake-up wave has another side too. Because there are a lot of business interests out there, wanting to leverage the growth of open-source software.

For them, even if the patent infringement claims are weak, the cost of defending such cases is great, more so as the targets in open source could extend much further than in proprietary software development as has been observed by some analysts in reports earlier.

Add to that the aspect that open source is built on a model of far-flung contributors to software code that include major software companies. The business frontier debates that they face the dilemma that the technical guys want to use open source, but yet were not in the position to fully negotiate those licenses with the sources.

At the same time, vendors like Hewlett-Packard Co., Red Hat Inc. and Novell Inc. have been reported to have indemnity programs, which range in the degree of what they cover varies, from copyright areas to covering the cost of defense.

Companies making money from open source may indemnify but how much, what for and how real is always a moot point. It has also been argued that open-source projects will not and should not be expected to cover the legal risks for users because they do not receive revenue from the software they develop.

Analysts say that current and potential users of open-source software should not fear litigation since as with all software companies should follow procedures for reducing risk.

While Zeidman doesn't doubt the fact that OS is being incorporated increasingly in commercial products, IP issue gets complicated due to multiple licences.Also companies haven't taken the IP front seriously. Even traditional proprietary biggies who claim their openness to OS, are doing so only to a degree where it gives them PR or competitive advantage.

"These companies are surely trying to leverage the OS wave but will not let the 'open' philosophy touch those internal competitive advantage areas," he says in response to the OS strides being made by companies like MS and Sun. "

"They do contribute bits and pieces to the free software movement but they get the software back from the OS community. Whatever is safe for them from a competitive advantage perspective, is offered openly and pays them on Public Relations side."

As to what then is an absolute answer to IP thefts, between technological ammunition and legal bullets, he says, "Majority of the tech solutions are good but it's the human factor which would surface every time. We need both."

Zeidman was speaking to CyberMedia News on the sidelines of a seminar where he dwelt on various aspects of embedded technology.

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