One Microsoft Way – the proprietary software world IPNM 2007 Kaido Kikkas This document uses the GNU Free Documentation License (v1.2 or newer).

Proprietary software ● software with restrictions imposed by its proprietor (owner) on its use, copying and modification: – legal – technical – both ● NB! The stress on different measures has changed over time

Types of proprietary software ● As it is often said but still frequently misunderstood - "proprietary software" does not mean the same as "commercial software" ● All free software can be used commercially under their licenses, while there are kinds of proprietary software that cannot (e.g. "free for non-commercial use" freeware)

Commercial proprietary ● Sold commercially by unit ("boxed" software; recently sometimes also by authorised download) ● a very limited set of rights - specific computer and often also specific user ● Copying is very limited (often, users can make a single copy for backup; other copying is forbidden), reverse-engineering, closer studying, modifying and deriving new products is prohibited

Shareware ● Proprietary software which can be freely copied, shared with others and also used for a limited period ● Does not allow modifications and is distributed as closed-source – adware – nagware – crippleware ● Become illegal to use after expiration of the trial period (protected by legal means)

Freeware ● This is proprietary software with zero price ● Freeware free software ● Freely copied and used - however, many products limit the use by purpose, the most common restriction being "free for home or non-commercial use" ● Regardless of use, reverse-engineering, studying and modifying is forbidden, just as developing new products

Public domain ● Not proprietary (one of the most permissive legal categories), but can be used in proprietary context – binary only – closed derivatives ● Even some free licenses allow for proprietary derivatives (e.g. BSD, MIT or X11 license). This kind of activity is impossible with free software licenses with "strong copyleft" that forbids narrowing the users' rights

Special notion: Shared Source ● Microsoft's campaign since 2003 ● Touted as a counterpart to Open Source ● A family of special license agreements with certain partners (countries and large companies) who have been given partial access to some of the proprietary code ● Bruce Perens: "look but don't touch - and we control everything"

Arguments for... ● Innovation is driven more quickly when it is lucrative - the best way to ensure this motivation is to tie revenue to innovation ● Proprietary software is said to create greater commercial activity over free software, especially in regard to market revenues ● Ordinary users do not care - they want a simple and working solution

Questionable stuff ● Trends of greed ● Vendor lock-in ● Pig-in-a-bag ● Privacy issues ● Abandonware

Trends of greed ● Two trends – diminishing user rights – increasing sanctions for perceived misuse ● Licensing v6 ● Today: no transfer!

Vendor lock-in ● Dependency on someone's products ● Intentional or not – razor & blades – loyalty programmes ● IT: Apple, Sony, IBM – and most of all, MS – proprietary API – closed formats – EEE

Pig-in-a-bag ● Tthe client is more than often forced to rely on vendor's marketing and possibly the experiences of previous users ● The shrinkwrap (opening the package means agreement with the terms) or clickwrap ("Click to accept") licenses are a real timebomb – made to be violated ● Cory Doctorow: “By standing there, shaking your head, and shouting "NO NO NO I DO NOT AGREE," you agree to let the other guy come over to your house, clean out your fridge, wear your underwear and make some long-distance calls."

Privacy issues ● Mostly to do with the WGA and subsequent eavesdropping technologies (combined with the DRM)

Abandonware ● A blurry category in proprietary software which are not anymore sold or supported ● Gray area: – the software is still protected and the owner can enforce his/her rights – most abandonware has been truly abandoned with no interest from owner's side ● Calls for putting old proprietary software under free licenses - no way

An actual point for ● Narrow, hi-level professionals – very specific skills – little or no IT competence – time is money ● But even here, a free solution might be preferrable: – the client has no difference – the technical maintainer has got larger playing field

Final words ● Proprietary software will not disappear - but will decrease remarkably