Re: support for a small US college going GNU?
"Stephen J. Turnbull" <[email protected]> Tue, 19 Jul 2005 12:43:25 +0900
| Newsgroups | gmane.comp.misc.free-software-business |
|---|---|
| Organization | The XEmacs Project |
| Message-ID | <[email protected]> |
>>>>> "David" == David Kaufman <[email protected]> writes: David> Be sure to point out that most, if not all, corporate IT David> departments and small businesses also find that they have David> easily, even unintentionally fallen out of compliance David> because it is nearly impossible to track, and MS licenses David> seldom enforced. But ask them, why run an O/S that has David> such a high legal risk attached to it? This is a good point, but you really shouldn't push it to the point of calling it a "no-brainer". The fact is that most people are most of the time out of compliance with several of the contracts and regulatory regimes they are subject to (think "IRS", "OSHA", and "EPA"---I'll bet most of the used reagents in the chemistry lab go directly into the town sewers, for example), and regularly shoulder substantial legal risk (in the educational sector, simply hiring a person of either gender exposes you to high legal risk; heck, assigning an "F" grade does!) Linux also carries substantial legal risk, including to users, as SCO made us aware. Even FSF-owned software carries some legal risk, as the FSF does even less checking than Microsoft does. Instead, they get indemnification from contributors and waivers from employers---but if upstream screwed up, that protects only the FSF, and only financially (it doesn't protect them from having to cease distribution). So legal risk is part of the system. It's simply not possible to avoid it; you can only manage it. Here that means using the strategies you describe, of course, but I would definitely present it in a cost-benefit framework, not a "no-brainer" framework. If the compliance costs add up as fast as you think they will, it would be a no-brainer, of course. But they may not, especially if the goal is a thorough purge of proprietary software, but some departments (finance, registrar, CS labs, even the main web site) happen to be in a good situation compliance-wise. Also, what you're likely to find is that the biggest compliance costs are in precisely the areas where you need a lot of cooperation from many individuals to achieve either compliance or migration. It's not obvious which they'll choose (although my bet is that, absent persuasive advocacy, most students, parents, and faculty will prefer compliance at moderate cost per person). Finally, you need to address the "SCO risk of OSS", which is easy enough. Yes, SCO shows that even OSS can be risky---but look who was the main defendent: IBM, which is the champion at management of intellectual property. So such frivolous lawsuits are simply unavoidable.[1] And when there's really a case, there's no particular reason to suppose open source is more risky on that account than closed source is. The risks are different, of course; in proprietary software you'll see an across the board price increase to cover royalties, while open source will have to remove the feature, even cease distribution entirely. I doubt you want to advertise that last fact, though. Footnotes: [1] Unless you subscribe to the "Microsoft did it" conspiracy theories, in which case using Windows _would_ be the best preventative. -- School of Systems and Information Engineering http://turnbull.sk.tsukuba.ac.jp University of Tsukuba Tennodai 1-1-1 Tsukuba 305-8573 JAPAN Ask not how you can "do" free software business; ask what your business can "do for" free software.