
Journal Journal: My Letter to Reps. Davis and Turner
October 26, 2002
Here is the text of the emails I sent to Congressman Tom Davis, the Virginia Republican who chairs the Technology Subcommittee of the House Government Reform Committee, and Congressman Jim Turner, the ranking Democratic member of that committee. This refers to two letters: one dated September 18, 2002, written by Davis and Turner to Richard Clarke, the chair of the President's Critical Infrastructure Protection Board; the other was written by Rep. Adam Smith, a Washington Democrat, to members of the New Democrat Coalition, urging them to sign off in support of the Davis-Turner letter, with the implication that they oppose the use of the GPL to license the results of federal software development and research.
The link to the story and the original letters is here: newsvac.newsforge.com/newsvac/02/10/23/1247236.shtml?tid=4
Dear Congressman:
I am writing in regard to your letter of September 18, 2002 addressed to Richard Clarke, the chairman of the the President's Critical Infrastructure Protection Board, as it pertains to the National Strategy to Secure Cyberspace. I note that you recently had to clarify the meaning of your letter, in light of the attempts of other members of Congress to mischaracterize your message to Mr. Clarke. I am referring to the letter that Representatives Adam Smith, Jim Davis, and Ron Kind sent to members of the New Democrat Coalition, implying that you oppose the use of federal funds to support research and development of computer software that might be released under the General Public License. I commend you for making it plain that your comments referring to "intellectual property licenses that allow for further development and commercialization of that work product" do not in any way imply support for one kind of intellectual property license over another.
As an information technology consultant who uses computer software developed under both proprietary and open source development models, I understand the merits and drawbacks of both approaches. Reasonable people within the information technology community often disagree over whether proprietary or open source software is better in terms of performance, security, and user-friendliness. What I think we can all agree on is that open standards, such as the TCP/IP network protocol, are essential to the advancement of information technology in this country. The research efforts of the federal government to further develop technologies, particularly where it concerns Internet security, are much appreciated by those of us in the private sector who implement technology.
Representative Smith, et. al. seem to be taking the position that if the federal government endorses one kind of intellectual property arrangement over another, it would be better for America's information technology industries. They seem not to understand that new technologies that are developed by the federal government, and which are not under a security classification, are essentially part of the public domain. Thus, there is no intellectual property license involved in the use of these technologies. TCP/IP is a prime example of this model at work: it is the network protocol that runs the Internet and most private networks around the world. As an accepted standard in the public domain, it is owned by nobody, and therefore, intellectual property considerations do not apply. TCP/IP is used as a network protocol in both proprietary and open-source software products, and without such a common standard, the idea of an Internet would be an impossibility.
I would like to express my support for the current policy of the federal government, in releasing the results of non-classified research in information technology for the public consumption. This is a practice that allows for all interested parties to use the technology for the benefit of the broader society. The General Public License, far from contradicting this principle, supports the notion of open standards and the sharing of relevant information. At the same time, the GPL also expressly allows for the commercial sale of software under this license (Part 1), in the form of charging a fee for copying and distribution. The differences between GPL software and software licensed from proprietary software developers is that GPL software may not be patented, and that the source code for the software must be made available to the purchaser (Part 3), in the interest of maintaining open standards and hardware compatibility. In addition, the GPL makes it clear that any non-GPL software that is "aggregated" with GPL software (such as proprietary software bundled with an operating system) does not fall under the terms of the GPL (Part 2).
I would also like to express my opposition to forbidding any licensing arrangement as a pre-condition for using the results of federal technology research. This is what Representative Smith et. al. seem to believe you are calling for in your letter to Mr. Clarke. There is nothing I can think of that would damage America's information technology industries more than to restrict the use of new technologies to certain commercial licensing arrangements. The availability of research results to all interested parties is of paramount importance if the adoption of the best technologies as standards is to be promoted. In addition, such an arrangement promotes competition by lowering barriers to entry for smaller firms who wish to produce derivative software or provide services based on the new technology. Finally, it is in the federal government's interest to assure that the results of this research are open, in keeping with the spirit of the promotion of knowledge in the information technology industry and the economy as a whole.
I thank you for your efforts as a member of the Government Reform Committee's Subcommittee on Technology in promoting the security of the Internet, and I hope you will continue to support federal research efforts whose fruits are available to all.
As you can see, I kept it on the positive side-- Davis and Turner were willing to clarify their position, and they might be amenable to agreeing with those of us that federal research on something as important as Internet security should be open. This is a point I stressed about TCP/IP-- it's a DARPA research project that ended up running the Internet.
I also thought it was important to emphasize how GPL'd software was different from proprietary-license software, and point out that some of the things Rep. Smith was implying about the GPL is not true. I think I stated the case clearly and cogently.
mrkurt