The Laws of Open Standards Broken by Interoperability: Page 2

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What happens, however, when one company deviates from the standard in pursuit of more control? Capitalization is dependent upon the ability to show that something unique is being offered. Standards, nevertheless, are about uniformity, not about being unique. Therefore, companies that want a greater level of control over customers are more likely to ignore standards, but the situation is not quite so simple.

In order to ignore a standard, it takes a lot of aggression. It also requires a market share large enough to abolish or at least fight against the standard, which is backed by many parties, not one. With monopoly control, standards are pretty much defined by the monopolist. They can be changed and extended at any time without causing much interference. However, such use of power can also push rival companies off the cliff. At the end of the day, this hurts consumers who are left without choice and have little control over pricing and upgrade pace.

The Symbiotic Relationship Between Standards and Openness

Free open source software enjoys a good resemblance to the notion of free and open standards. Both are available for viewing and they encourage participation. Free open source software tends to embrace standards for a plethora or reasons. Proprietary software, on the other hand, does not expose its underlying behavior. Quite often, its value lies in behavior that is hidden. The software protects (in the ownership sense) certain knowledge, so transparency is neither an option nor a priority.

Standards play a role in prevention of vendor lock-in. They facilitate choice and they encourage greater diversity in the market. Adversity to standards is not only motivated by financial value that can be found in restriction on choice, i.e. imprisoning the customer. It is also motivated by the ability to extract revenue directly from competitors. That is where software patents and so-called "intellectual monopolies" serve as a dangerous new element to keep on eye on. They have become a curious phenomenon in the software world because they are fearsome to many and beneficial to very few.

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In Europe, Microsoft has essentially managed to collect a trophy for snubbing standards all these years. Its lawyers turned a loss in the court into a small victory. In an antitrust exhibit extracted from the previous decade, Microsoft revealed its intent to ignore standardization bodies at all costs.

Having made a de facto standard so common and having defended its existence, all Microsoft needed was a reservation of rights to demand payments from competitors. Samba distributors and users are arguably bound by a promise that the European Commission specifies in its agreement with Microsoft. Other than the cost of obtaining documentation, there are patent royalties to be considered.

Reflections and Ways to Proceed

The decision made by the European Commission seems to have been a poor one. For starters, interoperability was chosen as the route to compliance, all at the expense of open standards. Moreover, based on the Commission's own assessment, an interoperability route was needed merely because "trivial and pointless" extensions were added on top of existing standards, in order to stifle adoption of competing products. The Commission's accusations and blame align poorly with its decision, which is discriminatory -- if not exclusionary at best -- toward Free open source software.

In conclusion, one must remember that open standards must never be conceded and replaced by a void promise of interoperability, which is incompatible with everything that standards and Free open source software stand for. Numerous parties have therefore protested and have already urged the European Commission to reconsider and revise its decision.


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