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The Microsoft law suit, software development and the capitalist
market
By Mike Ingram
2 May 2000
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this version to print
The US government proposal to break up Microsoft, dividing
its operating system (Windows, NT etc.) from the Office suite
(Word, Excel etc.), raises fundamental questions concerning the
development of computer software and its relationship to the capitalist
market.
Microsoft presently controls over 80 percent of the operating
system market and 90 percent of the market in business applications.
The company denies having acted anti-competitively, arguing that
Microsoft's dominance of the software market has led to both standardisation
and relatively low-cost software for the consumer.
Microsoft's competitors such as Netscape, Sun Microsystems
and others claim that in blocking competition, Microsoft effectively
stifles innovation. Both sides assert that the market is the source
of technical innovation. How does this latter claim measure up
when viewed against the current situation in the computer software
market?
At the very least it can be said that Microsoft's unrivalled
dominance of the market leads to the release of software that
is less than perfect. A recent example is the company's new flagship
product, Windows 2000. It is reported that the new operating system
contains over 60,000 bugs. This averages out to 12 bugs for each
of the 5,000 programmers who worked on the package.
Microsoft Windows, in all its flavours (3.1, 95, 98, 2000 and
NT), is not so much the operating system (OS) of choice. Rather,
it is perceived to be the only game in town. Few who have used
an Apple Macintosh computer, for instance, would argue that the
Microsoft OS is superior. The problem is that Apple Mac users
make up fewer than 10 percent of computer users, and these are
to be found mainly in the fields of education and the graphic
arts. The small user base leads to a dearth of available applications
and expensive hardware.
From the standpoint of the capitalist market, it can be argued
that Microsoft boss Bill Gates has done nothing other than behave
as a good capitalist should. He has used the dominant market share
established by the Windows operating system to make advances into
Internet technology, integrating the web browser into the operating
system and signing deals with hardware manufacturers to bundle
Microsoft products rather than those of competitors. There are
no indications that Microsoft's competitors would behave any differently
if the situation were reversed.
The problem with much of the commentary surrounding the Microsoft
case is that it takes the present forms of software development
and distribution as givens. In much the same way as the capitalist
market is worshipped as the only possible vehicle for the organisation
of economic life, so too the development of proprietary software[1] has been presented as
the only possible variant.
Even more significant than any action finally decided on by
the courts is what the Microsoft case says about the relationship
between the market and technical innovation. From this standpoint,
an interesting footnote to the Microsoft case has been the increasing
attention being paid to various open source software[2]
developments, and the Linux operating system
in particular.
Most commercial software is distributed only in machine codeones
and zeroes understood only by the computer hardware. By contrast,
open-source programs always include the source code, written in
a programming language such as C++ or Java, which any programmer
can understand.
Programmers are free to change the code in order to fix bugs,
or even modify it and incorporate it into new programs. Different
licenses give varying amounts of freedom as to what can and cannot
be done with open source software. While some licenses allow projects
to be incorporated into proprietary systems that are not then
released as open source, the GNU[3]
Project prohibits this, insisting that any software that incorporates
parts of open source applications must be released under the same
license with full source code made available.
Increased interest in open-source software
In the wake of the spectacular fall in the share values of
so-called dot.com companies, articles have begun to appear in
the financial and technology press drawing attention to the existence
of open-source software development projects.
For example, the New York Times of April 20 ran an article
in its business section which said, "When technology stocks
took their sharp tumble last week, many companies appeared to
lose one of their most important assetsthe ability to lure
talented employees with options. To attract and hold the best,
you have to offer the chance to strike it rich."
The Times then asks, "Or do you? What are we to
think when the best of the bestthe elite programmers that
industry wisdom deems 100 times more productive than the typical
competent coderdonate their precious time to develop software
anyone can use without charge?"
Unable to comprehend anyone doing anything without personal
financial gain, the Times article argues that the motivation
of the programmers involved is name recognition. "Contributing
to open-source projects can enhance a programmer's career prospects,"
the paper says.
The Times continues: "The most striking example
of this is Mr. Torvalds, who was a graduate student in Finland
when he released Linux and is now a highly paid executive at a
Silicon Valley start-up."
Linux is a freely distributed operating system that has been
around since 1991. It now receives regular press coverage as a
result of commercial distribution companies such as Red Hat being
floated on the stock markets. With the development of "windows
like" graphical front ends such as KDE and Gnome, Linux has
grown in popularity among business and home users alike.
International Data Corporation estimates that Linux has anywhere
from 7 to 21 million users world-wide, and a 200 percent annual
growth rate. Observers believe it represents a leading potential
challenger to Microsoft Windows in the personal computer operating
systems market. Some commentators believe that part of the government's
reasoning for breaking up Microsoft is that a new company responsible
for the Office applications would develop a version for Linux,
thus increasing competition in the sphere of the operating system
itself.
A brief review of computer software development
Press coverage of Linux and open-source software projects in
general is invariably tainted with an air of astonishment, reporting
this as a new and inexplicable development. An examination of
the history of the development of computer technology reveals,
however, that far from open-source development being a digression
from the norm, it is the way in which most of the more significant
technological advances were made.
In the late 1960s and the 1970s it was common practice for
programmers to share the products of their labour with no restrictions.
At that time companies and individuals were more interested in
the development of the technology as a whole than safeguarding
"trade secrets".
Not only academic institutions such as the Berkeley campus
of the University of California and the Massachusetts Institute
of Technology (MIT), but also commercial research centres such
as Bell Labs and Xerox's Palo Alto Research Center (PARC) operated
an open policy in which computer source code was freely exchanged
between organisations.
Many of the original ideas for the desktop computer popularised
by Apple and Microsoft were first developed by scientists working
at the PARC labs. These included the first desktop computer, the
first commercial mouse, Ethernet networking technology and many
other innovations.
The early efforts in the 1970s focused on the development of
an operating system that could run on multiple computer platforms.
The most successful of these was the Unix operating system and
the C language used for developing Unix applications. These were
originally developed at AT&T's Bell Laboratories. The software
was installed across institutions, being transferred either freely
or for only a nominal charge. Sites where the software was installed
made further innovations and these were in turn shared with others.
The process of collaborative software development and the sharing
of source code were greatly enhanced with the development of the
Internet and, specifically, the creation of Usenet in 1979. Usenet
was a computer network used to link together the Unix programming
community. In 1979 there were just three Usenet sites, but by
1982 this had grown to over 400. The ability of programmers in
both corporate and academic settings to rapidly share technologies
led to huge technical advances.
In these early years cooperation was of a highly informal character.
There was, in fact, no real effort to delineate property rights
or restrict the use of software until the early 1980s. With the
rapid growth of the commercial use of computer systems, AT&T
began laying claim to intellectual property rights relating to
Unix, despite the fact that hundreds of programmers at other institutions
had contributed to its development.
Only with the advent of the personal computer as a mass consumer
item in the early 1980s did the idea of closed proprietary systems
come to be considered the corporate norm.
As operating systems produced by Apple Macintosh and Microsoft
began to establish a mass user base, a parallel development took
place to maintain the open source structure for software development.
In the form of the GNU Project and the Free Software Foundation
established by Richard Stallman in 1982, this took on a directly
political and ideological character.
Stallman worked at the Artificial Intelligence Lab of MIT between
1971 and 1983. The AI lab used a timesharing operating system
called ITS (the Incompatible Timesharing System) developed by
the lab's staff programmers. Stallman explains that while the
term "free software" was not yet invented, this is what
the system was. "Whenever people from another university
or a company wanted to port and use a program, we gladly let them.
If you saw someone using an unfamiliar and interesting program,
you could ask to see the source code, so that you could read it,
change it, or cannibalise parts of it to make a new program,"
he says.
In a paper entitled The GNU Project, Stallman writes,
"The idea that the proprietary software social systemthe
system that says you are not allowed to share or change softwareis
antisocial, that it is unethical, that it is simply wrong may
come as a surprise to some readers. But what else could we say
about a system based on dividing the public and keeping users
helpless? Readers who find the idea surprising may have taken
[the] proprietary social system as given, or judged it on the
terms suggested by the proprietary software businesses. Software
publishers have worked long and hard to convince people that there
is only one way to look at the issue."
On the issue of software companies having "an unquestionable
right to own software and thus have power over all its users",
Stallman claims, somewhat naively, that the US Constitution and
legal tradition reject this view. "Copyright is not a natural
right, but an artificial government-imposed monopoly that limits
the users' natural right to copy," he writes. Stallman opposes
the conception that "the only important thing about software
is what jobs it allows you to dothat we computer users should
not care what kind of society we are allowed to have."
Open source versus proprietary systems
The GNU project progressed steadily over the next few years
with volunteer programmers working on different parts of the system,
making them ready to run with Unix. The only thing missing was
the guts of the system, the kernel. In 1991 the GNU kernel that
had been developed was abandoned in favour of another, the Linux
kernel developed as a hobby by a young student, Linus Torvalds,
at the University of Helsinki in Finland.
The merger of the GNU project with Linux to produce GNU/Linux
brought the work of these early volunteer programmers to fruition,
and in so doing provided powerful evidence of the technical superiority
of the open-source method of working.
Taking the small Unix system Minix as his point of departure,
Torvalds had developed a system that exceeded the Minix standards.
His work began in 1991 when he released version 0.02. It progressed
steadily until 1994 when version 1.0 of the Linux Kernel was released.
The current version of the kernel is 2.3.
Torvalds' kernel and the work of the GNU project came together
to make a fully-fledged system free of the controls of proprietary
software companies. Today there are dozens of commercially available
distributions of Linux containing thousands of utilities and applications
available for a fraction of the cost of either the Microsoft or
Apple operating systems.
Linux is arguably the most stable, widely supported, flexible
and powerful operating system available today. It runs on a variety
of computer hardware including Intel clones and Apple Macintosh
computers. Distributions come complete with the free Apache web
server, which is used on over 55 percent of public web sites on
the Internet.
The success of Linux lies precisely in its openness. Users
of the operating system are themselves developers. If the software
does not perform a function adequately, someone, somewhere will
fix it. This fix will be made publicly available and incorporated
speedily into the official release of the Linux Kernel. Even non-technical
users can take advantage of the open-source system. There are
literally thousands of discussion forums within the Internet where
users can get answers to questions regarding the use of the operating
system and possible errors that may occur.
Contrast this with the attitude of Microsoft CEO Bill Gates.
In an "open letter to Hobbyists" written in 1976 Gates
regaled against amateur computer users or "hobbyists",
accusing them of "theft":
"One thing you do do is prevent good software from being
written. Who can afford to do professional work for nothing? What
hobbyist can put 3 man-years into programming, finding all bugs,
documenting his product and distributing it for free? The fact
is, no one besides us has invested a lot of money in hobby software
... but there is very little incentive to make this software available
to hobbyists. Most directly, the thing you do is theft" (Published
in the Homebrew Computer Club newsletter on February 3, 1976).
The market as a barrier to innovation
The issue of open source versus proprietary systems goes beyond
that of personal ethics and choice. Whatever the benefits of the
Linux operating system, it has until now been largely the province
of skilled users. One of the reasons for this is lack of support
for computer peripherals such as graphics cards, printers, scanners,
etc. This is not due to a shortage of skilled people to write
the drivers necessary to interface this equipment with the operating
system. The problem is the reluctance of some hardware manufacturers
to release the information necessary to facilitate such a development.
In the last few years this has begun to change, with companies
such as Compaq and Hewlett Packard selling computers with Linux
installed.
A number of leading companies have also released their software
as open source. Most notably among these is Apple. In unveiling
the Mac OS X Server, CEO Steve Jobs surprised an audience of reporters
and software developers last year by announcing that the software
would be put into open source. On April 11 Intel Corporation announced
that its Common Data Security Architecture (CDSA) software would
also be released as open source.
There are definite economic antagonisms at work in the campaign
against Microsoft. Ultimately, the government's proposal to break
up the software giant arises from a ferocious struggle between
rival corporate powers for control of markets and profits.
But the case against Microsoft also reflects a growing recognition
that the speed of technological change and the demand for new
and better systems requires a technical leap that is being stifled
by Microsoft's continued dominance.
The emergence of the Internet as a mass medium, which itself
largely conforms to open standards, demands far more flexibility
in the next generation of computer software. With new devices
such as mobile phones and wireless applications emerging at a
fantastic pace, manufacturers are demanding software that can
be modified and extended, i.e., they demand access to the source
code.
The open-source environment stands in such a stark contrast
to the established practice of Microsoft that powerful sections
of business, ultimately backed by the government, concluded that
it was necessary to bring Microsoft into line. How far this will
be pursued by the government is by no means certain, not least
because Microsoft has a bigger financial war chest than the US
Justice Department.
It is impossible at this point to predict the final outcome
of the lawsuit against Microsoft. Ultimately however, the conflict
is not the product of the subjective avarice of Bill Gates, on
the one hand, or some new-found democratic impulse on the part
of the US Justice Department, on the other. At a basic level it
is an expression of increasing tensions between the development
of technology, especially the Internet, and the subordination
of this technology to the capitalist market and the system of
private property upon which it is based.
The fundamental issues raised in the Microsoft case have a
great significance for masses of working people. What has been
the effect on the working class of the control of the new technology
by big business?
Phenomenal technological advances have done nothing to eliminate
poverty for masses of working people in America and elsewhere.
Far from reducing social inequality, the technological advances,
under the control of huge corporations, have been used to further
enrich the privileged few at the expense of the majority of society.
No actions taken by the US government and Microsoft's corporate
rivals will do anything to change this situation.
It is worth noting that the case against Microsoft was instigated
by Netscape corporation, which is now owned by another of the
main instigators, America Online. While, for their own reasons,
they raise the negative impact of Microsoft's monopoly in the
software market, we have yet to hear similar noises in relation
to the recent merger of AOL and Time Warner, which represents
the most direct attempt by business to monopolise the Internet.
Monopolisation is inherent to the capitalist system itself.
The struggle against it requires a political struggle against
very real class interests, which are represented by a system in
which production as a whole is organised not for social need,
but private profit.
Explanatory Notes
1. Here we use the term
proprietary software to describe the closed character of
computer platforms such as Microsoft. Under the proprietary system,
both the computer code and the details needed to develop applications
to run under Microsoft operating systems are closely guarded secrets,
released only to companies which have signed deals with Microsoft.
(return to text)
2. The term open source
software refers to computer applications and operating systems
in which the code as written by the programmer is made available
alongside the distributed software. Written in a language understood
by any computer programmer, the application can then be modified
or fixed, without the purchaser being dependent upon the company
that developed it. (return to text)
3. GNU stands for "G'NU not Unix". It is the name
give to the system developed by a group of volunteer programmers
led by Richard Stallman. His GNU Project is most famous for its
association with the Linux operating system. (return
to text)
See Also:
Two days after antitrust ruling,
White House, Congress hail Microsoft billionaire
[8 April 2000]
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