I said in part I I would explain in a next blog why many open source software are threatened to death by this law and what kind of protections governments and large companies are developing to enforce the DMCA/EUCD. Here you go...
Short reminder: on December 22-23, the French parliament is to vote the DADVSI law which is the transposition of the EUCD (European Union Copyright Directive), itself a European adaptation of the US Digital Millenium Copyright Act. The DADVSI law proposes to introduce a judicial protection of the technical measures of restriction proved to be efficient such as software controlling the private use of digital works, and a juridicial protection of electronic data related to electronic licenses. I know this is awkward. I apology.
What is the big deal with open source?
The protections required by the DADVSI law rely on the secret, which secret guarantees the control over the end-user system.
By contrast, free software (open source, let's say it is the same thing for this article, I didn't say freeware, ok?) relies on openness and transparency, which prevent the control that I just talked about.
As a result, the authors of free software can't claim to provide the technical control measures - or any software interoperating with such measures - required by the DADVSI law, since the source code is open, everybody can tweak it and "hack" the control measure. You still with me?
That's why the government is facing two choices: allow free software to access the works (movies, music, images, even music scores, etc.) controlled by the technical measures mentioned, or ban free software. For the moment, the solution adopted by both the legislative and executive is the second one.
In short, the DADVSI law - these effects may extend to the rest of the European Union - will jeopardize free competition. Free software authors will be excluded from very promising markets: multimedia players, video streaming servers, systems embedded in portable digital entertainment devices, PDAs, mobiles, etc.).
Finally, I will give you one reason why governments - especially non-American ones - should not do anything threatening the freedom of open source (Actually, it is the main reason why some Minister and governmental services decided to move to open source and this is quite contradictory with the DADVSI.)This idea is supported by the FSF (FSF France in particular): you are well aware that the software industry and financial flows are controlled by a handful of big editors, mainly American. The development of free software enables Europe to take back the initiative in this field and fosters an industrial, economic and social potential that is thriving already. Moreover, the control of information and information systems are at stake. Unlike free software, proprietary software does not allow the users to control the tools. This lack is obviously critical in several sectors such as defense, health or police.
This may be too theoretical for some of us. So I help you out by giving you one common example. I will take an extreme case just to give you an idea. Let us assume that the department of Defense in your country is using Microsoft Access as a database to store data about the number of tanks, submarines, fighters, nuclear heads if you have any (always good to know), their properties, the codes, etc. Let us assume the system is connected to the web (I repeat this is an extreme case, you can find such sensible services connected to the web.) Have you heard about Microsoft spywares? Oh you are a smart guy, you have an anti-spyware, easy. So let's try something you can't really do something about, say MS Access just got in trouble (it crashed as a matter of fact, yes it happens), and you have the friendly message saying "Do you want to send the information to help Microsoft debug?" (or something like that). You think "yes, I want it fixed, I paid you for that". So you click yes, what guarantees you that there is not something else than the mere debugging information that is sent to Microsoft, let's say some of your critical data? First, you cannot prevent that because, you have no idea what is really going when you enter your data in MS Access. You can have the most secure system ever, you don't know what Microsoft is doing with it "inside"... and you cannot check that out and prove whether there is something wrong BECAUSE YOU DO NOT HAVE ACCESS TO THE CODE. So what are you really telling Microsoft when you are clicking "SEND" on the "Help debug" window? No idea, huh?
Of course, most people first want something that works and preferably something they have already used for decades, like Microsoft. Open source? free software? What is that? Something new? Oh, I am scared. You said "free"? Oh, it has to be something done by some incompetent nerds in their garage with a hammer and a nail... because it is free, right? Oh, you mean "freedom" ? Oh, ok, sorry. (The ambiguity of "free" in free software was the main reason why the term "open source" replaced "free software" in the business world.) Who is selling that stuff? What? Nobody? I just download it and play with it? Don't fool me, this is nothink like I am used to. Who can I trust then? The open source community? Is that a new club for nerds?
Enough, I could go on for a while with the scepticism that free software is facing all the time. But don't believe that governmental administrations can't move to open source. The french police (gendarmerie to be accurate, no american equivalent, sorry) has replaced MS Office with OpenOffice since January, and I have 3 or 4 recent examples like that but I am tired and this blog has been too long anyway.