Showing papers by "Jonathan L. Zittrain published in 2004"
Posted Content•
TL;DR: The ways in which free and proprietary software are at odds are explained, and a framework by which to assess their value is offered - a prerequisite to determining the extent to which the legal system should take more than a passing, mechanical interest in the doctrinal claims now being pressed against GNU/Linux specifically and free software generally.
Abstract: The production of most mass-market software can be grouped roughly according to free and proprietary development models. These models differ greatly from one another, and their associated licenses tend to insist that new software inherit the characteristics of older software from which it may be derived. Thus the success of one model or another can become self-perpetuating, as older free software is incorporated into later free software and proprietary software is embedded within successive proprietary versions. The competition between the two models is fierce, and the battle between them is no longer simply confined to the market. Claims of improper use of proprietary code within the free GNU/Linux operating system have resulted in multi-billion dollar litigation. This article explains the ways in which free and proprietary software are at odds, and offers a framework by which to assess their value - a prerequisite to determining the extent to which the legal system should take more than a passing, mechanical interest in the doctrinal claims now being pressed against GNU/Linux specifically and free software generally.
20 citations
Journal Article•
TL;DR: In this paper, the authors present a survey of the modern landscape of information technology that accommodates competing spheres of software production, which can be grouped roughly around two poles warring for dominance in the field.
Abstract: For the past twenty years, the modern landscape of information technology has accommodated competing spheres of software production. These spheres can be grouped roughly around two poles warring for dominance in the field. On one side is proprietary software, which typically provides cash-and-carry functionality for the end-user. Its source code "recipe" is nearly always hidden from view as a technical matter, and as a legal matter it cannot be used by independent programmers to develop new software without the rarely given permission of its unitary rights holder. On the other side is "free" software, the recipes for which are open to public view and use. Some free software is further "copylefted," that is, copyrighted for the purpose of incorporating license restrictions designed to ensure that anyone who uses and releases the copylefted code as a component of new software must also release that new software under copyleft's otherwisepermissive terms.
16 citations