How many Microsofties does it take to implement the Off menu?

Sparked by a post Joel recently made, Moishe Lettvin (a former Microsoftie now Googler) gives us a little insight into Windows development. From the post:
So that nets us a conservative estimate of 24 people involved in this feature. Also each team of 8 was separated by 6 layers of management from the leads, so let's add them in too, giving us 24 + (6 * 3) + 1 (the shared manager) 43 total people with a voice in this feature. Twenty-four of them were connected sorta closely to the code, and of those twenty four there were exactly zero with final say in how the feature worked. Somewhere in those other 17 was somebody who did have final say but who that was I have no idea since when I left the team — after a year — there was still no decision about exactly how this feature would work.
By the way “feature” is much too strong a word; a better description would be “menu”. Really. By the time I left the team the total code that I'd written for this “feature” was a couple hundred lines, tops.
But here's how the design process worked: approximately every 4 weeks, at our weekly meeting, our PM would say, “the shell team disagrees with how this looks/feels/works” and/or “the kernel team has decided to include/not include some functionality which lets us/prevents us from doing this particular thing”. And then in our weekly meeting we'd spent approximately 90 minutes discussing how our feature — er, menu — should look based on this “new” information. Then at our next weekly meeting we'd spend another 90 minutes arguing about the design, then at the next weekly meeting we'd do the same, and at the next weekly meeting we'd agree on something… just in time to get some other missing piece of information from the shell or kernel team, and start the whole process again.

What feature is he talking about you ask? It's the shutdown menu. The post in its entirety gives you a good idea of how thing work, but Joel sums it up nicely:
Every piece of evidence I've heard from developers inside Microsoft supports my theory that the company has become completely tangled up in bureaucracy, layers of management, meetings ad infinitum, and overstaffing. The only way Microsoft has managed to hire so many people has been by lowering their hiring standards significantly. In the early nineties Microsoft looked at IBM, especially the bloated OS/2 team, as a case study of what not to do; somehow in the fifteen year period from 1991 – 2006 they became the bloated monster that takes five years to ship an incoherent upgrade to their flagship product.
So why am I posting this? What does it have to do with Linux, or Open Source? 'Those Who Forget History Are Doomed to Repeat It'. Microsoft seems to have forgotten very quickly, and they are paying the price now. Let's learn from the mistakes of others and not repeat those mistakes. As Open Source projects get bigger and bigger, the chance for bureaucracy and layers of management become greater and greater. Luckily Open Source typically has a way of routing around issues like this, but as the likes or Oracle and Microsoft enter our world, it's important this case study isn't one we forget.
–jeremy
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Linux users to Microsoft: What 'balance sheet liability'?

Continued coverage of a story I've been watching closely. Computerworld has an article the covers the reactions of a couple CIO's to the recent Microsoft-Novell agreement. From the article:
“I do not believe that my company has an “undisclosed balance sheet liability,” Russ Donnan, CIO at business information provider Kroll Factual Data, said in an e-mail response to questions from Computerworld about the Microsoft deal. Kroll Factual, a Loveland, Colo.-based subsidiary of global services provider Marsh & McLennan Companies, uses Red Hat Linux servers along with Windows servers in its data center.
Donnan, who described himself as “not a huge fan of software patents,” said “the threat of such a 'liability' would not in any way influence” whether Kroll would stick with Red Hat or move to SUSE or even Windows. “Steve Ballmer is posturing for mind share to enterprise executives, knowing it will have little to no impact on IT executives,” he said.
Barry Strasnick, CIO of North Quincy, Mass. financial services provider CitiStreet LLC, was even more emphatic.
“Like many IT executives, I took great offense to Ballmer's comments,” Strasnick wrote in an e-mail. CitiStreet uses Red Hat Linux widely in its data centers. “If Microsoft really thinks there is some code in Linux that violates their patents, they should publish those lines of codes immediately instead of just posturing in the press. [Fear, uncertainty and doubt] may have worked for IBM in the 1970s (some of us are old enough to have been around then), but not today.”
And Microsoft's assertions might be even backfire. “There were some applications I had been thinking about moving to a Microsoft platform, but this has now totally alienated me from Microsoft,” Strasnick said.

As mentioned in the last post, if Ballmer was using this as a litmus test, I think the response he got was clear. You'd think if Microsoft really thought they had a legitimate case, they'd probably have sued already. The problem is not only whether Microsoft code exists in Linux, but whether Linux code exists in Microsoft products. One litigation would set off a chain of others, and in the end I think we could likely get rid of any offending code (if there even is any) quicker and with less collateral damage than Microsoft could. Keep in mind that due to the Open nature of Linux code, patent violations are much less likely to exists than in the closed nature of Microsoft code where things can be hidden.
It's also good to see that the industry has gotten a bit wiser to these kinds of issues. I'd say in no small part due to the SCO case, industry tech executives are acutely aware at this point that claims like this are FUD. Not only that, you can see FUD now disenfranchises and alienates people. The industry may be at a watershed moment. One that marks the beginning of a time when the consumer is the one in charge, not the monopoly. We still have a long road ahead, but it's the rays of light like this one that recharge your batteries, rejuvenate your passion and remind you you're on the right path.
–jeremy
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Open Letter to the Community from Novell

Novell has released an Open Letter to the Community. From the letter:
Our interest in signing this agreement was to secure interoperability and joint sales agreements, but Microsoft asked that we cooperate on patents as well, and so a patent cooperation agreement was included as a part of the deal. In this agreement, Novell and Microsoft each promise not to sue the other's customers for patent infringement. The intended effect of this agreement was to give our joint customers peace of mind that they have the full support of the other company for their IT activities. Novell has a significant patent portfolio, and in reflection of this fact, the agreement we signed shows the overwhelming balance of payments being from Microsoft to Novell.
Since our announcement, some parties have spoken about this patent agreement in a damaging way, and with a perspective that we do not share. We strongly challenge those statements here.
We disagree with the recent statements made by Microsoft on the topic of Linux and patents. Importantly, our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property. When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents.
Our stance on software patents is unchanged by the agreement with Microsoft. We want to remind the community of Novell's commitment to, and prior actions in support of, furthering the interests of Linux and open source, and creating an environment of free and open innovation. We have a strong patent portfolio and we have leveraged that portfolio for the benefit of the open source community.

I think it's clear that Novell may have underestimated the negative response from the community. They may also not have expected Ballmer to do this, which certainly made the situation worse for them. Having Novell stand up clear on the issue is a good thing, and should help to quell fears that Microsoft is using the agreement to plan something. Microsoft has already responded:
“Microsoft and Novell have agreed to disagree on whether certain open source offerings infringe Microsoft patents and whether certain Microsoft offerings infringe Novell patents. The agreement between our two companies puts in place a workable solution for customers for these issues, without requiring an agreement between our two companies on infringement.
“Both of our companies are fully committed to moving forward with all of the important work under these agreements. The agreements will advance interoperability between Windows and Linux and put in place a new intellectual property bridge between proprietary and open source software. Customers and participants throughout our industry will clearly benefit from these results.
“We at Microsoft respect Novell's point of view on the patent issue, even while we respectfully take a different view. Novell is absolutely right in stating that it did not admit or acknowledge any patent problems as part of entering into the patent collaboration agreement. At Microsoft we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products. We are gratified that such a solution is now in place.”

On the bright side here, if Microsoft was using this to test the water then the decisive and united response from the community and the rapid public response from Novell should have sent the correct message. We will fight for what we believe in, and will do so in an educated and organized manner.
–jeremy
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Microsoft CEO says Linux "uses our intellectual property"

That didn't take too long, did it. From the article:
In comments confirming the open-source community's suspicions, Microsoft CEO Steve Ballmer Thursday declared his belief that the Linux operating system infringes on Microsoft's intellectual property.
In a question-and-answer session after his keynote speech at the Professional Association for SQL Server (PASS) conference in Seattle, Ballmer said Microsoft was motivated to sign a deal with SUSE Linux distributor Novell earlier this month because Linux “uses our intellectual property” and Microsoft wanted to “get the appropriate economic return for our shareholders from our innovation.”
“Novell pays us some money for the right to tell customers that anybody who uses SUSE Linux is appropriately covered,” Ballmer said. This “is important to us, because [otherwise] we believe every Linux customer basically has an undisclosed balance-sheet liability.”

The full transcript of the conversation is also available. I think it's a little more clear now what Microsoft's intentions were with this deal. At least Ballmer is being a little more forthcoming than in some previous situations:
“So we built a technology bridge, and we built an IP bridge and a commercial framework that supports that. Novell said to us, 'Hey, look, if you're serious about this stuff, you better help us promote Suse Linux.' To which we said, 'You know we're trying to sell Windows, that's what we do for a living! Windows, Windows, Windows, baby! We don't do Linux that way here.'
“What we agreed, which is true, is we'll continue to try to grow Windows share at the expense of Linux. That's kind of our job. But to the degree that people are going to deploy Linux, we want Suse Linux to have the highest percent share of that, because only a customer who has Suse Linux actually has paid properly for the use of intellectual property from Microsoft.”

So the question becomes, will Microsoft move forward with litigation or are they just trying to create enough uncertainty in the Linux market to hinder Linux adoption. I'd guess they may not have a solid plan yet and it could potentially go either way. One thing that might hold them back from litigation is something a bit like the mutually assured destruction of the cold war. If they really start the patent suits flying then IBM, Sun and others (who also have massive amounts of patents) could retaliate. The result would almost certainly be ugly for Microsoft. The EU, and to a lesser extent the DOJ, may also be weighing on the mind of Microsoft if they were to sue. I'm sure they don't want any more monopoly headaches than they already have.
As for Novell, I think they are now realizing that the community is strongly against them. It will be interesting to see if this has any impact on their bottom line over the next 4 quarters or so.
–jeremy
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IBM cool to Sun's open-source Java plan

In a bit of irony, it looks like IBM (who has been trying to get Sun to Open Source Java for years) isn't that happy with the GPL. From the article:
After years of internal debates and public calls from IBM to make Java open source, you would think that IBM would be overjoyed at the news.
Not so.
IBM on Monday issued a statement attributed to Rod Smith, vice president of emerging Internet technologies in the IBM Software Group, who penned the open letter in 2004 requesting Sun to make Java open source.
Smith said that IBM supports all open-source licenses approved by the Open Source Initiative (OSI). But he noted that there are already two projects around open-source Java.
There is Harmony, a project in the incubator phase at Apache to build an open-source edition of Java SE. IBM joined the Harmony project shortly after it was launched in 2005.
Meanwhile, Motorola two weeks ago said that it will contribute code to start a Java ME project at Apache .
“In light of the Apache projects, we have discussed with Sun our strong belief that Sun should contribute their Java technologies to Apache rather than starting another open-source Java project, or at least make their contributions available under an 'Apache friendly' license to ensure the open-source Java community isn't fragmented and disenfranchised, instead Sun would be bringing the same benefits of OS (open-source) Java to this significant and growing open-source community,” the statement said.

Just goes to show that you really can't make everyone happy. Overall the Open Source community seems quite happy with the GPL decision. I haven't yet had the time to look deep into the Java community reaction, but I do plan to. I'd guess that despite this initial reaction, IBM will likely become more involved as time goes on. What exactly will happen to projects like Harmony remains to be seen.
–jeremy
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An LQ Stats Update – 2.5 Million Posts

2,500,000
That's how many posts we have at LQ now. Wow. Rounding out the stats for those interested, we are just shy of 500,000 threads and have well over 275,000 registered members. I'd like to thank each and every member for making LQ what it is. Without the members, we'd be nothing. The phenomenal mod team has also been a huge part of our success. I look forward to the first billion and remain dedicated to ensuring that LQ is a friendly and active atmosphere for discussing all things Open Source. As always, if you have feedback on the site don't hesitate to let me know.
–jeremy

Sun Open Sources Java under the GPL

Well, it's official and the rumors were true. Sun has released Java under the GPL. From the press release:
Santa Clara-based Sun said it is making nearly all of Java's source code – excluding small pockets of code that aren't owned by Sun – available under the GNU General Public License. The same type of license also covers the distribution of the core, or kernel, of the popular open-source operating system Linux, which competes against Microsoft Corp.'s Windows operating system.
All the Java source code is expected to be released by March 2007, Green said. The move covers all Java technology, which includes software that runs on handheld devices, personal computers and servers.

As I mentioned previously, I guessed that this would be released under the CDDL (as did many others). Sun is sending a huge message by using the GPL here. They have been supporters of Open Source for a while, but their occasional waffling really tarnished their rep in the Open Source community. I hope this move serves to get them the recognition they deserve. Of course, I hope it also helps them prosper, which will further serve to solidify Open Source in the enterprise and commercial worlds.
You may be interested in what this release actually covers. It's stock GPL2 for J2SE, J2ME, and J2EE code and then GPL2 + Classpath exception for the SE libraries. This basically means you are still 100% free to write closed source commercial applications that run in the Java VM. So what are the repercussions of this? First, being able to yum install java or apt-get install java will be really nice. That's just a small bit though. I'd guess Sun will dual license the code for those who are interested, so I'd not expect their direct bottom line to change immediately. That being said, I'd expect uptake of Java to increase substantially. It already powers a huge array of devices, but I'd expect that to increase dramatically. In the end, that's good for Sun. I'd also expect the number of Open Source projects that use Java to sky rocket. Sun will get the bits of innovation back for use, developer concerns over the license is gone and the JCP still controls the direction of Java. In the end, Sun still gets to decide what “Java” is (remember, you can fork without issue, but you can't call that fork “Java”). Moving out longer term is a little tougher, but I'm extremely interested in watching this one progress. For instance, what will the impact on the uptake of .NET be?
I find it intriguing to see that Jonathan Schwartz admitted that the recent Microsoft Novell deal did impact this decision. From that linked post:
And in closing, I want to put one nagging item to rest.
By admitting that one of the strongest motivations to select the GPL was the announcement made last week by Novell and Microsoft, suggesting that free and open source software wasn't safe unless a royalty was being paid. As an executive from one of those companies said, “free has to have a price.”
That's nonsense.
Free software can be free of royalties, and free of impediments to broadscale, global adoption and deployment. Witness what we've done with Solaris, and now, what we've done with Java. Developers are free to pick up the code, and create derivatives. Without royalty or obligation.
Those that say open source software can't be safe for customers – or that commercially indemnified software can't foster community – are merely advancing their own agenda. Without any basis in fact.
They're also fighting a rising tide.

To me, that means the CDDL may very well have been the leading candidate before the MSFT/NOVL deal. A bit of a silver lining there. To me though it also means that we may have a new Sun on our hands. One that has been forming for a while, but has finally got the conviction it needs to compete.
Here some additional reading material that I highly suggest if this topic interests you:
James Gosling
Tim Bray
Alan Hargreaves
–jeremy
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Samba Team Asks Novell to Reconsider

More on a story I have been closely watching, it looks like the Samba team has officially requested that Novell reconsider the recent patent agreement they made with Microsoft. From the Samba site:
The Samba Team disapproves strongly of the actions taken by Novell on November 2nd.
One of the fundamental differences between the proprietary software world and the free software world is that the proprietary software world divides users by forcing them to agree to coercive licensing agreements which restrict their rights to share with each other, whereas the free software world encourages users to unite and share the benefits of the software.
The patent agreement struck between Novell and Microsoft is a divisive agreement. It deals with users and creators of free software differently depending on their “commercial” versus “non-commercial” status, and deals with them differently depending on whether they obtained their free software directly from Novell or from someone else.
The goals of the Free Software community and the GNU GPL allow for no such distinctions.
Furthermore, the GPL makes it clear that all distributors of GPL'd software must stand together in the fight against software patents. Only by standing together do we stand a chance of defending against the peril represented by software patents. With this agreement Novell is attempting to destroy that unified defense, exchanging the long term interests of the entire Free Software community for a short term advantage for Novell over their competitors.
For Novell to make this deal shows a profound disregard for the relationship that they have with the Free Software community. We are, in essence, their suppliers, and Novell should know that they have no right to make self serving deals on behalf of others which run contrary to the goals and ideals of the Free Software community.
Using patents as competitive tools in the free software world is not acceptable. Novell, as a participant in numerous debates, discussions and conferences on the topic knew this to be the case. We call upon Novell to work with the Software Freedom Law Center to undo the patent agreement and acknowledge its obligations as a beneficiary of the Free Software community.

I've also seen multiple sites around the net requesting a full boycott of Novell products. Novell had to see this (or at least some level of community dissent) coming. The question to them may have been whether they'd lose enough business to prevent the deal from being profitable on the whole. Regardless of the legality of the patent deal (I've still seen no official word from the FSF of the Section 7 issue, but Eben Moglen has been granted confidential access to the legal terms of the agreement, in order to scrutinize it and ensure its compliance with the GPL), Novell has clearly gone against the sentiment of the community here and the spirit of the GPL. What long term implications that will have remains to be seen. One shouldn't forget that Novell really isn't an Open Source company in the same way that a company like Red Hat is. Novell still has a lot of proprietary software, sure; but the issue goes much deeper than that. They have a long history as a closed source company and a lot of long time employees who aren't necessarily Open Source people. It comes down to being a systemic cultural thing. While they have many people who really get it, that's not necessarily the case for the average employee. Coupled with the fact that Novell has a long history with Microsoft and I don't find this deal as surprising as some. Do I think Novell will back out of the deal at this point? Unlikely, but it will be interesting to see their response if Eben decides they've violated the GPL. I'd guess we'll know soon.
–jeremy
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Adobe releases the source for its ActionScript Virtual Machine to the Mozilla Foundation

From Penguin.SWF:
Today, Adobe released the source for its ActionScript Virtual Machine to the Mozilla Foundation.
That's what Adobe did. Since this blog is a common stop for open source-minded folk, I thought it might be pertinent to use this space to discuss what Adobe didn't do:
* Adobe did not open source the Flash Player.
* Adobe did not incorporate the Flash Player into Mozilla.
* Adobe did not license Mozilla's HTML rendering engine.
* Adobe did not purchase Mozilla, or vice versa.

The new project will be called Tamarin and will be hosted by Mozilla. From the FAQ:
The goal of the “Tamarin” project is to implement a high-performance, open source implementation of the ECMAScript 4th edition (ES4) language specification. The Tamarin virtual machine will be used by Mozilla within SpiderMonkey, the core JavaScript engine embedded in Firefox, and other products based on Mozilla technology. The code will continue to be used by Adobe as part of the ActionScript Virtual Machine within Adobe Flash Player.
So, what does this mean? Basically, “ActionScript” is based on the ECMAScript language specification which is also the base of JavaScript. With the release of Flash 9 (beta now available for Linux) Flash now uses the ActionScript Virtual Machine to interpret ActionScript in a JIT manner. It's that bit of code that has been Open Sourced and donated to Mozilla. The Tamarin code will be now included within SpiderMonkey, the open source C-based JavaScript engine used by Firefox and other applications based on Mozilla technology. In the end the benefits of this should be significant (although a ways off). Javascript should be much faster and memory efficient once this is integrated, which means AJAX applications will be able to do things that aren't viable right now. Additionally, since much of Firefox itself is in XUL, this could even mean that Firefox itself gets a performance boost. Additionally, from a mindshare perspective this is the largest code contribution that Mozilla has ever received. That goes a long way. Further versions of Tamarin will be shared by both Flash and Firefox, with no fork between the two planned. With no real downside, this announcement should gain Adobe some points in the community, which they need. I suspect this isn't the last time Adobe warms up to the Open Source world. From what I've seen recently they have some pretty large aspirations and Open Source will aide them in much of what I think they want to accomplish.
–jeremy
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Sun Set To Move On GPL License For Open-Source Java… or do they?

Via Tim Bray, it looks like CNET says Jon says CDDL, while CRN seems to think it will be the GPL. I'll hold further comment until I see something more official.
–jeremy
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