Fade Out: Software Ownership and Other Oxymorons
   
(This article appeared in Recording magazine, March 2000.)
 
Q: When is the last time you bought a piece of music software?

A: You have never bought a piece of music software.

Think about this for a second. Buying a piece of studio hardware seems straightforward: you see adverts for a product in a magazine, you find a shop which stocks it, you buy it, you take it home, you unpack it, you use it. For some time (usually a year) the manufacturer provides warranty service on the product: after that, you pay to have the item serviced, either by the manufacturer or by some third party. If you wish, you may have the item modified or customised. At some stage you might decide to sell the item, trade it, or even give it away.

So what about software? You see adverts for software products in magazines. You buy one in a shop, take it home, unpack it, use it. Here the similarity ends. You will probably find that you have no warranty - if the product does not work properly or proves unreliable, you have no rights over and above what the retailer might offer in terms of refunds. You will be forbidden from modifying the package, and nobody but the original vendor will be permitted, or able, to maintain or fix it. And there will probably be legal restrictions enforced by the original vendor on selling or trading the package.

Of course, what is happening here is that you are not buying anything: you are licensing it, just as you licence the music in your CD collection or the films you have on DVD. And since software can in principle be duplicated almost without effort, viewing it in the same way as a piece of hardware is misleading.

The dissonance in this situation is most apparent when one considers copy-protection. It doesn't make sense to sell something as if it were a product if it can be duplicated for free - so copy-protection schemes attempt to enforce a bogus real-world property of physical objects. The expensive product becomes a fragile key disk, an encrypted data block on a hard disk, or a one-off response key obtained after days or weeks of phone calls to an over-burdened, under-staffed help desk.

As a product, software is essentially worthless. Think about the most recent software-only product you bought and what you paid for it. Now imagine that the vendor has just ceased trading: no more upgrades, fixes or support, ever. How much is it worth to you now?

Everything about the marketing, distribution and sale of music software packages attempts to suggest that one is buying a product, not a licence-to-use. One has to ask: why? The answer is this: vendors want all the advantages of offering licences (guaranteed revenue streams, restrictions on duplication and use, monopoly hold on customers) and none of the disadvantages (chiefly: accountable, long-term, good-quality customer service).

This monopoly hold works by forcing customers to go back to the original vendor for all service and support: the software is closed and binary-only, and often uses proprietary file formats and protocols so that the customer cannot easily move to a competing product. Clearly, if the vendor ceases trading or supporting the product, the customers is helpless. Perversely, this situation hurts the vendors themselves: they are extremely sensitive to media rumour (since the value of their products is dependent on the public perception of their ability to offer continuing service), and they are pressured to offer continuing "upgrades" on otherwise mature packages into which customers are locked.

A solution to address these problems? How about giving all the sources of the software away for free?

Since there is so much talk in the IT media at the moment about the "open source" software movement and business model, let me clarify a couple of points: firstly, free source code is not a new idea - open-source editors and tools were common twenty years ago, and the move to mass-produced, commercial shrink-wrap "products" is relatively recent. Secondly, open source does not just mean free: it also means that no vendor is allowed to restrict the availability of modifications to it, although they are free to charge for service and distribution.

The key is in the words "service" and "distribution." Software vendors are largely service and distribution companies already: a lot of a company's efforts are maintenance and bug-fixes of the software (especially the copy-protection). By contrast, open source projects are maintained in a parallel, distributed fashion by the programming community at large, in a manner which leads to extremely robust and reliable products. (More than half of the web sites you visit will be hosted using an open-source server, for example.)

Of course, few musicians are programmers; but that's where the commercial companies come in: offering distribution services and support (CD-ROM distribution, printed manuals, technical support, online help, updates and bug-fix releases, installation and customisation). Users can choose the best support package for their needs, without committing themselves when choosing a product.

I am painting a simplistic picture here: it is clear that no music software vendor could release all their source code tomorrow and keep trading without a glitch. But as I write this article, Doug Wyatt (the original developer of Opcode's OMS) is petitioning for Gibson to release OMS to open source. Doing so would relieve Gibson of the maintenance effort for the package, allow Wyatt and others to do maintenance and enhancement, and would allow hardware vendors of MIDI interfaces to develop and ship their own OMS drivers. As with MIDI, such a move to an open, licence-free standard benefits everyone involved.

BOXOUT
This article draws heavily on the writings of Eric S. Raymond, particularly The Magic Cauldron.

CASSIEL > Articles > Fade Out: Software Ownership and Other Oxymorons last modified by nick@cassiel.com at 10:14am, Wed 9 Aug 2000