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Date:      Sat, 16 May 1998 06:24:49 -0500 (EST)
From:      "John S. Dyson" <dyson@FreeBSD.ORG>
To:        jak@cetlink.net (John Kelly)
Cc:        chat@FreeBSD.ORG
Subject:   Re: commercial software (definitive)
Message-ID:  <199805161124.GAA01063@dyson.iquest.net>
In-Reply-To: <355e6101.3040338@mail.cetlink.net> from John Kelly at "May 16, 98 10:01:49 am"

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John Kelly said:
> On Fri, 15 May 1998 22:57:38 -0500 (EST), "John S. Dyson"
> <toor@dyson.iquest.net> wrote:
> 
> >When GPLed parts of the system have to be hacked on, it is
> >understood apriori that the work will not be a part of the
> >competitive advantage ... (I do like hacking on GCC and stuff,
> >but know that any potential competitive advantage is lost
> 
> Some in management believe that competitive advantage must include
> trade secrets.  But the truth is that superior customer service is far
> more powerful in gaining competitive advantage.  That's why I believe
> that limitations of the GPL are mostly imaginary.
> 
Superior customer service is supported by utilizing competitive advantage
and having control of ones own inventive ability.  In fact, it is likely
that one who can exploit one's own abilities effectively is going to be
able to invest more in a code base.  Having the value of ones own creative
abilities immediately diluted by excessively intrusive licenses only
decreases the motivation to use that ability on a code base, and causes
one to seek another code base to work with.  One feasable way for
"support" to fund development is to overcharge excessively for it (and
that situation happens, but smart, non-bureacratic companies see that
pretty quickly.)

If superior customer service includes product that you can afford to
invest more into because you can keep control of some of your inventions,
then I can agree with you.   If superior customer service includes your
ability to exploit support on the net also, that is even better.  With
free licenses (as opposed to GPL) you have the ability to both control
your own ideas, *and* also cooperate with net support.  With free licenses
there are effective motivations to contribute ideas back to the code base,
without strong legal requirements.  (Again, I am speaking of code that
has an adequate critical mass, like FreeBSD...  Smaller projects need
stronger terms at first, but not something like GPL, where it is almost
impossible to free the code once the project is strong enough.)

With licenses that immediately condemn your ideas to the public, big
support houses can gain control over your inventions by their inherently
powerful marketing abilities, and leave you out in the cold.  In the
best case, their stronger marketing (but not necessarily development
abilities) can actually manipulate you into becoming a subcontractor
for them.  (This senario almost happened at work, and my mgmt was
aware enough of the situation to stop it.)

"Little" people can be manipulated in the support senario as easily as
any other.  Additionally, almost all of the concerns about big companies
"hoarding" BSD-like licensed software with critical mass are null and void.
Every company that I have been involved with using BSD-like licensed
software has relatively freely contributed back to the code base, with
only few conditions.

-- 
John                  | Never try to teach a pig to sing,
dyson@freebsd.org     | it just makes you look stupid,
jdyson@nc.com         | and it irritates the pig.

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