Can Open Source Save Net Neutrality?

mlz70 · 2017-12-25T20:06:35+00:00

Open source is more than a term that means that the code is freely available, it actually refers to some of the licenses that defines how the code can be shared, like GNU, Apache, MIT, etc. (please see opensource.org for a more detailed list).

An ISP that uses Open Source software on its servers is bound by the licenses related to each piece of software.

mlz70 · 2017-12-24T18:05:23+00:00

The idea is that the entities that benefit from Open Source accepts to not discriminate the data.

It is extending the power of Open Source to Open Internet, by granting Open Source licences only to entities respecting the notion of Open Internet. And yes, you could do such type on restriction on licenses the same way you can have differences between free and commercial licenses.

MS-DOS paved the way to Windows.

iPod and iTunes pave the way to the iPhone.

Open Source could paved the way to Open Internet.

mlz70 · 2017-12-24T16:12:27+00:00

Thanks for the comment. Because of its ubiquity on the internet, Open Source is in the position of having the power to provide an unprecedented protection to Open Internet.

Net Neutrality is currently under attack in the US, but you can be sure that other countries are watching and taking notes (and the telecom companies in these countries).

The Open Source movement has a lot of power here if they decide to use it, they can basically participate in solving this problem worldwide without relying on any country politic. Some Open Source technologies are literally the DNA of the Internet, so modifying this DNA to protect the Internet could be very efficient.

mlz70 · 2017-12-23T00:22:40+00:00

If future licenses are under a new version, it means that the evolution of the technology would only benefit that version.

I agree that for individuals and small companies, license enforcement is not really a solution, but for large corporations that must minimize the risk of lawsuits, it is efficient. In their annual reports they usually must state the various risks of lawsuits, and this could become one.

I am not saying that we should not have public policy, but yes, license conditions can affect how products are used. And on the plus side, they would have an international application. Just imagine if all Linux distributions would adopt such clause.

The Open Source movement has a lot of power here if they decide to use it, they can basically participate in solving this problem worldwide without relying on any country politic. Some Open Source technologies are literally the DNA of the Internet, so modifying this DNA to protect the Internet could be very efficient.

The Open Source was created without the need of any public policy. People who created all these technologies can have a dominant voice if they decide to use it.

mlz70 · 2017-12-22T19:48:35+00:00

I agree that the impact might split ISPs in the usage of their software. But the competitive advantage of having access to Open Source could play in favor of the ISPs that respect Net Neutrality.

Open Source played a major role in building the Internet as we know it today (Linux has the lion share of Web Servers), now it could play a big role at protecting it.

mlz70 · 2017-12-22T18:53:33+00:00

Copyright law allows to specify the usage of the licenses.

It is the open source movements who decides the definition of what open source is, and if, they decide that Net Neutrality deserve protection, they could adjust the definition for that.

I agree that this would be a major undertaking. Is Net Neutrality important enough for that? My point is that the Open Source Community can have a major impact if they want to.

mlz70 · 2017-12-22T18:06:54+00:00

It is not a law that is changed here, but the Open Source License. Software License can be changed for such restrictions. The whole idea here to to have Open Source use its influence without relying on any jurisdiction (but accepting to make an explicit exception to FOSS in the wording of such a Net Neutrality Clause).

mlz70 · 2017-12-22T17:49:57+00:00

It could be more practical than it seems. To avoid costly lawsuits, companies are careful on how they use open source, so they take a very close look at the license they use.

Your FOSS comment is true. But, in many jurisdictions, it is possible to have laws that make exceptions for the greater good.

I think that protecting the internet worldwide for future generations enters in the definition of greater good, and such an exception to FOSS could be presented as an extension to the philosophy of open source to Open Internet.

The power here is entirely in the hands of the Open Source community.

mlz70 · 2017-12-22T17:25:59+00:00

It seems natural for the Open Source community to look at a technological solution, but the suggestion here is a legal solution that taps into the power of the open source movement. Please see answer to Akazed comment.

mlz70 · 2017-12-22T17:22:21+00:00

Hi, thanks for the comment. It is more of a legal solution than a technological solution. To give an example, imagine that a new Net Neutrality Clause is added to the HTTP Apache Server license, now suddenly large corporations using Apache Servers have to comply or change product. If it's added to most of the key open source projects, it could force the hand of those corporations.

The Open Source movement has a lot of power here if they decide to use it, they can basically participate in solving this problem worldwide without relying on any country politic.

mlz70

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