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Adrian Kingsley-Hughes

Open source "weakens the software industry and undermines its long-term competitiveness" says lobby group

By | February 24, 2010, 4:36pm PST

Most people think of open source software as a good thing. If nothing else, it’s an option available for those who don’t have the resources available to take the commercial route. But there are elements who believe that open source is a bad thing. A very bad thing … for big business.

Andres Guadamuz, a lecturer in law at the University of Edinburgh in the UK, has carried out an investigation and discovered that a very influential lobby group is asking the US government to look at open source as being worse than piracy.

The lobby group in question is the  International Intellectual Property Alliance (IIPA), a group of organizations that includes the MPAA and RIAA. The IIPA has asked the US Trade Representative to consider countries such as Indonesia, Brazil and India for inclusion on the “Special 301 watchlist” because they use open source software.

Now, so what is the “Special 301 watchlist”? This is a report that examines the “adequacy and effectiveness of intellectual property rights” around the globe. In other words, a list of countries that the government considers “enemies of capitalism.”

Scary stuff. But it gets scarier.

The IIPA should be included on the Indonesia deserves inclusion on the “Special 301 watchlist” because the government encourages the use of open source. Here is an extract from the recommendation:

The Indonesian government’s policy… simply weakens the software industry and undermines its long-term competitiveness by creating an artificial preference for companies offering open source software and related services, even as it denies many legitimate companies access to the government market.

Rather than fostering a system that will allow users to benefit from the best solution available in the market, irrespective of the development model, it encourages a mindset that does not give due consideration to the value to intellectual creations.

As such, it fails to build respect for intellectual property rights and also limits the ability of government or public-sector customers (e.g., State-owned enterprise) to choose the best solutions.

Think this is unlikely. Think again! The IIPA managed to get Canada put on the watchlist.

(via Guardian)

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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RE: Open source
abeebe@... 1st Mar 2010
Pure out right GREED! Follow the money. They are lobbyist.
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must be a memo from ballmer
Linux Geek 24th Feb 2010
I can't see a sane person claiming that OSS undermines IP.
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Someone should BOIL Gates in OIL!
bendib Updated - 24th Feb 2010
I am NOT kidding! Two pieces of genuine retardation in two days! I CANNOT TAKE IT!!! SOMEBODY DO SOMETHING! AAAAAAAAARRRRRRRRRRRRGGGHHH!!!!! (has an anneurism and falls on the floor.)
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That's right...
vikingnyc@... 25th Feb 2010
When you use FOSS, you're downloading COMMUNISM.

/S
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Re; When you use FOSS, you're downloading COMMUNISM.
hkommedal Updated - 26th Feb 2010
And when you go strongly against it "YOU are supporting FASCISM !"

Just to do the balance !
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Completely retarded.
Cayble 24th Feb 2010
Thats the most idiotic thing I have ever heard. Absolute nonsense. So now there are organizations that are against people creating something of their own and sharing it with others.

Its beyond madness. I hope they have fun trying to change 200,000 years of human nature.
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Absolutely
Fred Fredrickson 24th Feb 2010
It is incredibly disingenuous to equate open source software with piracy of digital content. It makes as much sense as characterising charities as thieves.

It is the height of hypocrisy for a company living in a democracy to suggest taking retaliatory trade action against sovereign government that exercises its right to set conditions on the products it purchases. It is the antithesis of democratic freedom, the very same freedom that allows the IIPA to exist at all.

Sorry to burst the IIPA's bubble, but open source is a licencing model, not a development model. And lastly, developers can, and do, charge for open source products - open source is not a pricing model either.
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Home gardeners are undermining our national agricultural system. By giving extra tomatoes, peppers, eggplants, and especially corn to their friends and neighbors, they directly and unfairly compete with our established national agricultural producers and retail grocery distribution chains. Except for zucchini; I always wind up with too damn much of it and can't even give it away.
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Creating new markets for new products
lauralarimer 25th Feb 2010
If you end up with too much zucchini, you might go out and by my A Thousand and One Ways to Prepare Zucchini. Is there a metaphor for that in the Open Source world? Because of this open source software, there is now a market for something else that contributes to the economic well-being of a nation or a people?

Seriously interested,

Laura
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Economic Well-being
daengbo 25th Feb 2010
Laura,

Five years ago, I was helping to promote open
source software in Thailand, a country which has
a 95+% piracy rate. The government saw open
source as a way to help create an IT industry of
its own instead of
a) Pirating and being condemned by the west, or
b) Paying for all these licenses and sending out
a large amount of badly needed money to the
west.

Unfortunately, education and training in
Thailand are not too good, either, so teaching
people to use a platform that didn't have the
kind of popular support that Windows has was a
stumbling block. In the end, MS came in and
offered to legitimize all the government's
pirated copies of Windows in exchange for an
agreement to drop support for open source. That
solved both parties' short-term problems.

To more directly answer your question about new
markets, open source allows a country to become
self-sufficient easily. It allows people in that
country to develop localized IT services without
creating more exports. It especially allows
nations with multiple languages and diverse
ethnic groups to use software that serves all
those people in their own languages without
having to lobby for MS or Apple to add support
for minor, unprofitable languages.

In the U.S., open source doesn't seem like such
a big deal: in developing countries, there's
much more to be excited about.
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Can't leave your car unlocked in the parking lot without running the risk of discovering an armload of zuccini in the back or passenger seat when you come back.

You do realize that Al Qaeda would have the perfect terrorist weapon if they discovered how to hollow out summer squash and insert explosives inside?
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greed.....
Homeyjo 25th Feb 2010
pure and simple, this is the downfall of humankind... the reason behind wars, greed.....
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Did you not know ?
hkommedal 26th Feb 2010
We all owe our souls to the company store !
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While I think
Cylon Centurion 24th Feb 2010
Most OSS software is a wanna be also-ran product for people looking for a cheap product that will at least get them by, some of it is very useful. But seeing as how the MPAA and RIAA is behind this... This is asking for trouble. Scary.
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Hey how is your Linux Mint File Server doing?
D.T.Schmitz Updated - 25th Feb 2010
Your recent comment on "The end of Linux distrohopping":

http://talkback.zdnet.com/5208-12554-0.html?forumID=1&threadID=75421&messageID=1465963

"Mint/Fedora:
Are mine.

I currently have Mint set up as a file server. I only dabbled with Fedora cus it was what we used in my CNT classes. "


Juxtaposed to your comment:

"Most OSS software is a wanna be also-ran product for people looking for a cheap product that will at least get them by, some of it is very useful."

Makes it seem that you are quite 'conflicted' or just up to your usual shilling.

What was the value proposition for installing Linux Mint?
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HEY ! He had a VALID point ! (nt)
hkommedal 26th Feb 2010
nt
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Open source . . .
CobraA1 24th Feb 2010
Open source has its good and its bad.

But is its bad so bad that you need to consider people and countries that use it to be "enemies of capitalism?"

Definitely not. That's being pretty extreme about it.
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Fascism is always extreme !
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RE: Open source
eric_marsh 24th Feb 2010
Spilt milk!

For decades people constantly complained about the poor quality of
software from the world's largest software company. The quality sucked
because they owned the market. I'd even go so far as to say that the
growth of the open source movement is largely a tribute to "Big M." Now
that open source is successful the proprietary software guys are calling
foul.

So sad.
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The big what?
Earthling2 Updated - 24th Feb 2010
For decades people constantly complained about the poor quality of software from the world's largest software company. The quality sucked because they owned the market. I'd even go so far as to say that the growth of the open source movement is largely a tribute to "Big M."

Looking at the history, all: Unix, FSF and Linux began before the "Big M." had had a chance at a commercial success. NT 3.1 was released 2 years after Linux had started. Windows 95 - four years later.

1969 - Unix
1975 - Microsoft founded (April 4)
1981 - DOS
1984 - Macintosh (January 24)
1985 - FSF (Oct 4)
1985 - Windows 1.0 (Nov 20)
1987 - MINIX 1.0
1987 - Windows 2.0 (Dec 9)
1990 - Windows 3.0 (May 22)
1991 - Linux announced (Aug 25)
1993 - Windows NT 3.1 (July)
1994 - Red Hat Linux
1994 - Windows NT 3.5 (Sep 21)
1995 - Java
1995 - Windows 95 (Aug 24)
1996 - Windows 4.0 (Aug 24)
1996 - Linux 2.0
1998 - KDE
1999 - GNOME
2000 - Windows 2000 (Feb 17)
2001 - Windows XP
2001 - Eclipse
2002 - Apache 2 (Apr 6)
2003 - Windows Server 2003 (Apr 25)
2003 - Eclipse 3.0 (Jun 21)
2004 - Windows XP SP2 (Aug)
2004 - Ubuntu (Oct 20)
2005 - MINIX 3
2006 - Windows Vista (Nov 30)
2008 - Windows Server 2008 (Feb 27)
2009 - Windows 7 (Oct 22)

BTW, I by no means endorse discrimination of whole countries based on what they choose. However if you read the second paragraph of Adrian's citation from the TFA, the complaint seems to be about the failure to "... foster(ing) a system that will allow users to benefit from the best solution available in the market, irrespective of the development model, ...".

Bad wording of the rest though. Additionally, the intent may become more apparent if "software" was replaced with "genetically modified seeds". It would be awful to discriminate those who don't give due consideration to GM food because they value their own independence.
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RE: Open source
FeralUrchin 24th Feb 2010
The IIPA seems to be lumping OSS and FOSS together. FOSS might be construed as being based on a sort of pre-capitalist barter system, and does indeed exert pressure on vendors using a purely capitalist model for software sales (even though services can still be charged for).

On the other hand, consider the cost to worldwide business of the pre-eminent example of closed source; namely, MS Windows (add IE and a few other MS products if you like). The closed nature of this source code limits peer oversight and thereby provides an ideal environment for hatching exploits, and furthermore retards the process of detecting and correcting them. And the resulting cost is incalculable.
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Just imagine.......
Economister Updated - 24th Feb 2010
how many businesses Bill Gates is hurting with all his billions in charitable donations all over the world, battling disease and poverty. Imagine if businesses could sell stuff to these poor, sick and suffering people instead. That would be truly great for capitalism.

Come to think of it, I think we should strip Mr. Gates and his wife (and Mr. Buffet while we are at it) of all their wealth and promptly throw them in jail. We absolutely cannot allow any act of kindness, sharing or cooperation to get in the way of corporate profits and capitalism.
Let's start with this. Most of the $$ Bill Gates is giving out is going to help people who have NO money to begin with. So exactly how would it help those business' SELL anything to people who are dirt poor?

Hey Moron... The money Bill Gates is giving out is going to buying the drugs and supplies those people need. It's going to those business' who would otherwise not be able to get those drugs, food and other supplies to those poor people.

OK.. So maybe you're trying to be sarcastic or funny. Eh.. Epic fail.
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Unless...
Economister 24th Feb 2010
you just fell off the turnip truck, I do not think that the sarcasm was too tough to get. Maybe you need to reflect for a moment before you start typing.
  • Flagged
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TRIPS: monopoly-protecting trade treaty
SpikeyMike 25th Feb 2010
Don't be fooled for one second that the AIDS and Malaria programs are altruistic.

http://www.informationclearinghouse.info/article4103.htm

"Gate's demi-trillionaire status is based on a nasty little monopoly-protecting trade treaty called "TRIPS" - the Trade-Related Intellectual Property Rights rules of the World Trade Organization. TRIPS gives Gates a hammerlock on computer operating systems worldwide, legally granting him a monopoly that the Robber Barons of yore could only dream of. But TRIPS, the rule which helps Gates rule, also bars African governments from buying AIDS, malaria and tuberculosis medicine at cheap market prices."

"Gates knows darn well that the "intellectual property rights" laws such as TRIPS - which keep him and Melinda richer than Saddam and the Mafia combined -- are under attack by Nelson Mandela and front-line doctors trying to get cheap drugs to the 23 million Africans sick with the AIDS virus. Gate's brilliant and self-serving solution: he's spending an itsy-bitsy part of his monopoly profits (the $6 billion spent by Gates' foundation is less than 2% of his net worth) to buy some drugs for a fraction of the dying. The bully billionaire's "philanthropic" organization is currently working paw-in-claw with the big pharmaceutical companies in support of the blockade on cheap drug shipments.

Gates' game is given away by the fact that his Foundation has invested $200 million in the very drug companies stopping the shipment of low-cost AIDS drugs to Africa."
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Comprehension FAIL
ThePrairiePrankster 26th Feb 2010
I bet you always say what's on your mind no matter how misleading or stupid...thanks for opening your mouth and proving how dumb you really are.
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Clarification please!
Wolfie2K3 Updated - 24th Feb 2010
The IIPA should be included on the Indonesia deserves inclusion on the ?Special 301 watchlist? because the government encourages the use of open source.

Er.. You might have meant something like

"The IIPA said Indonesia should be included on the 'Special 301 watchlist' because the government encourages the use of open source."

No?

And shouldn't there be a question mark after the sentence, "Think this is unlikely?" in the last paragraph...?
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@Wolfie2K3: I think you are right.
Economister Updated - 24th Feb 2010
I did not catch that. I think I found the entire subject matter so unbelievably outrageous that I momentarily completely lost my mind. Maybe that is what happened to the blogger too.

Well, the industry has at least shown its stripes. No point trying to be nice or polite any longer.
Momentarily? Momentarily??? Really!?!
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Re; the industry has at least shown its stripes.
hkommedal Updated - 26th Feb 2010
Yeah ! Mussolini would have been very proud !
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IIPA mouthpiece of MS, Apple, Adobe, et al
Agnostic_OS 24th Feb 2010
The line "As such, it fails to build respect for intellectual property rights and also limits the ability of government or public-sector customers (e.g., State-owned enterprise) to choose the best solutions." gives away the true character of this organization.
This organization has the arrogance to think that they should dictate how a legal independent government should form policy. Maybe they should see http://csis.org/files/media/csis/pubs/070820_open_source_policies.pdf and see how many other countries' governments are taking up open source software.
Yes go after the Indonesian government for its very lax policy on piracy (see http://www.thejakartaglobe.com/lifeandtimes/tech-pirates-find-safe-port-in-indonesia/352031 ) but NOT for their policy on open source.
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Cannot resist.....
Economister 24th Feb 2010
Yes, the tractor obsoleted the farm horse. The internal combustion engine obsoleted the steam engine. The automobile obsoleted the horse buggy. The transistor obsoleted the vacuum tube. And maybe open source will obsolete the SW industry as we know it.

I think if you build a better mouse trap, the world will beat a path to your door. And if you can produce something and "sell" it for less, you will be successful. Isn't that how the free market is supposed to work?

"The internet devalues everything it touches" and the world benefits from it.
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"lobby group"
IndianArt 24th Feb 2010
"lobby group"

Who are the members of this "lobby group", M$ et al?
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Good question! Calls for a good answer......
Ole Man Updated - 24th Feb 2010
http://www.iipa.com/

IIPA Members:

Association of American Publishers (AAP)
Business Software Alliance (BSA)
SAY! ISN'T MICROSOFT HEAD OF THIS ORGANIZATION? YEAH, I BELIEVE THEY ARE!

Entertainment Software Association (ESA)
Independent Film & Television Alliance (IFTA)


Motion Picture Association of America (MPAA)

National Music Publishers' Association (NMPA)

Recording Industry Association of America (RIAA)

Can you say bribery. That's what "lobbying" is. Now they brag about it openly. Woe is us..... too late to worry about it now!
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Mussolinis fascist movement !
hkommedal 26th Feb 2010
Mussolinis fascist movement must be proud of them !

Big companies / trusts getting to rule !
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Mussolini ?

This "group" would surely fit Mussolinis fascist movement !
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RE: Open source
Agnostic_OS 24th Feb 2010
...just cut some legal teeth, maybe that is why IIPA is getting twitchy. See
http://blogs.zdnet.com/open-source/?p=5917
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If you read correctly
s_souche 24th Feb 2010
they do not say open source is nefast to the software
industry. They say government conditionning access to
government market to the use of Open Source software is a
distortion of concurrence and a violation of free market
that is nefast to the sooftware industry
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Correct
mtgarden 25th Feb 2010
But, they do compare OSS companies with "legitimate companies." I think that subtle distinction says much.

Still, they are angry that a country is trying to balance their budgets by requiring people to use free stuff? That's a crime?

These people are nuts.
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Re; These people are nuts.
hkommedal Updated - 26th Feb 2010
Well, not excatcly !

They are promoting greed at any cost ! "

Calling it greed may even be a bit too kind.

Calling it a call for fascism may be more accurate.
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Dead on accurate (no need for text)
Ole Man 27th Feb 2010
You said it all!
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sooftware????
Homeyjo 25th Feb 2010
what the hell is that?!?!?
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We the People... (rant to follow)
djchandler 25th Feb 2010
It's not "We the Corporations and our Special
Interests" that grandly begins the Preamble of the
U.S. Constitution. "We the People" need to throw the
special interests and lobbyists out of Washington and
every state capitol, city hall, etc. Show the
politicians and government bureaucrats that doing any
deed that does other than serve the needs of their
constituents, i.e., real individual flesh and blood
human beings, will end their careers in politics and
government.

Putting the economic ideology of capitalism on par
with democracy is anathema and should be recognized as
such. What some call capitalism I call neo-feudalism.
Look at where the big bucks are actually going. The
USA is being carved up like a roast, and the corporate
special interests are the ones awarding the fiefdoms.
The only interests being served by the IIPA and most
other lobbying groups are those of mega-sized
corporations. Shareholders, corporations, business
owners, or capitalism are mentioned nowhere in the
Declaration of Independence, Constitution or Bill of
Rights.

This is not just about money, but control of the
American People's government, the American People's
property rights and the functioning of the American
People's very lives. It's time to push back hard and
tell those we elect whom they are ordained to serve.

Let the only litmus test be whether or not those who
hold office actually uphold their oath to preserve,
defend and protect the Constitution and serve those
whose voice should be the only one of consequence, We
the People.

Study the history of the world, evolution of politics
and government, and social evolution. Think
critically. The lives of our descendants is all that
hangs in the balance.
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Corporations are people.
Robert Carnegie 2009 25th Feb 2010
Although I figured that what would wipe out the primate-descended race would be robots. Robts operated by corporations, though.

Imagine Microsoft fires their whole staff and replaces them with robots. And then executes a military coup in the U.S. to maximise shareholder return.

But it doesn't have to be Microsoft. Could be IBM.

I'm probably a shareholder if only through my pension fund. But I'm also a target. All of us wet fleshbags are.
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Doesn't have to be just robots.
djchandler 25th Feb 2010
Funny post. I like it.

On a more serious note, though, what about
corporations owned directly or indirectly by
foreign nationals even though they may be
headquarted on US soil? What right do those
shareholders have to influence US policy?
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The same right as any company has under a completely fascist system !

Under a completely fascist system any corporate trust has the "right" to rule.

It does not matter what country they are based in.

To those who think otherwise:
A BIG foreign company ( Chinese state company ? ? ) will have the same influence as any other.

NO !


I say : Give US back to its citizens to those it rightfully belongs !
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hmmmm
Homeyjo 25th Feb 2010
wonder if they would run those robots on WIndows or Unix?
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good grief . . .
CobraA1 25th Feb 2010
good grief . . .

a) There are actually people in corporations, too.

b) I don't think most of our businesses are spending most of their profit on politics. Is there some special interest lobbying going on? Yeah. But is it going to be something most businesses are going to be doing? No.

Just because it makes the news doesn't mean everybody's doing it, sheesh. The news tends to report the exceptional cases because they want headlines - the news generally doesn't report the common case.

If you want to fight against special interests, fine, go ahead, I have no problems.

But to blame capitalism for our social and political ills? I think that's going a bit too far.
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Rather naive stance...
storm14k Updated - 25th Feb 2010
a. And? Most (if not all) corporations certainly aren't acting in the best interest of their employees and by definition they should not be. They act in the best interest of their goal which is profit. When that lines up with the interest of employees then the employees benefit.

b. You are right. Its NOT most corporations and actually thats a part of the problem. Its the large corporations...the largest really...that are running everything. If businesses were all small to medium sized things would balance out. But thats not the case.

We live in a world controlled by small groups of people with lots of power. Does that make capitalism itself bad...no. But allowing it to come to this point is and it always will if you don't control it. Humans are not dumb. Someone will always find a way to seize power no matter what system you put in place if you don't manually enforce some rules.
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thoughts
CobraA1 25th Feb 2010
"Most (if not all) corporations certainly aren't acting in the best interest of their employees and by definition they should not be."

Try telling that to Google wink. Or most "mom & pop" operations.

How the organization treats its employees largely depends on who is in charge and how it's structured.

I don't think, however, that the people in charge of most organizations are sadistic, though. Out of touch, maybe, but intentionally trying to make other people miserable, unlikely.
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Re; if you don't manually enforce some rules.
hkommedal Updated - 26th Feb 2010
This is the most basic point !
These rules HAS to be enforced.

Otherwise you will not live in a re-public, but a "re-CORPORATE".

That is a very bad idea !
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RE: Open source
abeebe@... 1st Mar 2010
Pure out right GREED! Follow the money. They are lobbyist.

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