Free Advice for the Litigious...
Years back, Sun was under pressure in the market. Although many users loved our core Solaris operating system, others thought it was built for high end computers, not grid systems. Our computer business had failed to keep pace with the rest of the industry - which meant our volume systems looked expensive. In combination, and with a poor track record of supporting Solaris off of Sun hardware, we gave customers one choice - leave Sun. Many did. Those were the dark days.
Where did they go? They went to GNU/Linux, a free and open source operating system built by a growing community, running on x86 systems. Why? Because the pair ("Linux on a whitebox") delivered, then, better grid performance, with more flexibility. We didn't erect barriers to exit, we promoted customer choice. Even when it cut the wrong way, as it did here. And yes, it hurt.
With business down and customers leaving, we had more than a few choices at our disposal. We were invited by one company to sue the beneficiaries of open source. We declined. We could join another and sue our customers. That seemed suicidal. We were offered the choice to scuttle Solaris, and resell someone else's operating system. We declined. And we were encouraged to innovate by developers and customers who wanted Sun around, who saw the value we delivered through true systems engineering.
So we took that advice. We started by securing the software assets we were building - so that we could convey them under trusted open source licenses to a community we'd just started nurturing. We redoubled our focus on innovation, in hardware and software, that would differentiate our offerings. Not just as good as the competition, but vastly better. We supported Linux on our SPARC systems, and forced ourselves to open up every business we operate - Solaris wasn't the hammer for all nails. Nor was SPARC. Nor Java.
In essence, we decided to innovate, not litigate.
Net result? Our contributions, from Java to OpenOffice to Gnome and Mozilla, now account for in excess of 25% of all lines of code within your average Linux distribution (yup, read that sentence again - or see the report, here, page 51).
We joined forces with the likes of Google and IBM and Red Hat to drive the Open Document Format, accelerating document interchange. ODF is now accelerating globally, as the standard trusted by governments and academic institutions for multi-generational document interchange. It is an unstoppable force, no threat can kill a country's drive for independence or self-sufficiency (remember, the network's a social utility, too).
Over the past two years, since committing to build a broad community around OpenSolaris, we've distributed nearly 8 million Solaris licenses, with nearly 70% on HP, Dell and IBM hardware (yes, we were surprised). And we've seen the OpenSolaris community burgeon to roughly 48,000 members, with only 2,000 or so working at Sun. (And I was with a leading company in the blogosphere today who told me they'd moved their core search systems to OpenSolaris - adoption feels like it's accelerating.)
We've seen Java's acceptance made permanent, on servers and desktops and mobile phones and set tops, in no small part due to our decision to use the GPL license (to simplify the Linux/Java combination on consumer devices and industrial applications). And most importantly, we've seen our software business grow - as our revenue model migrated from up front licenses to a subscription model that put payment closer to the source of value (services rendered). Embracing free and open source led to more revenue, too.
We invented our multicore Niagara UltraSPARC systems, massively powerful systems that redefine power efficiency for web-scale businesses - and we have a spectrum of design wins that recover and amplify the business we lost five years ago. Innovation and an embrace of the community (we GPL'd the core design of the chips) have led customers and collaborators to return in droves.
So what's my view on this interview in Fortune - in which one of Sun's business partners claims the open source community is trampling their patent portfolio?
You would be wise to listen to the customers you're threatening to sue - they can leave you, especially if you give them motivation. Remember, they wouldn't be motivated unless your products were somehow missing the mark.
All of which is to say - no amount of fear can stop the rise of free media, or free software (they are the same, after all). The community is vastly more innovative and powerful than a single company. And you will never turn back the clock on elementary school students and developing economies and aid agencies and fledgling universities - or the Fortune 500 - that have found value in the wisdom of the open source community. Open standards and open source software are literally changing the face of the planet - creating opportunity wherever the network can reach.
That's not a genie any litigator I know can put back in a bottle.
Posted on 12:08AM May 15, 2007 | Comments[117]








Posted by Sisir Koppaka on May 15, 2007 at 01:22 AM PDT #
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Posted by 84.169.252.84 on May 15, 2007 at 07:56 AM PDT #
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Posted by James on May 15, 2007 at 08:18 AM PDT #
Posted by Amit on May 15, 2007 at 08:45 AM PDT #
Posted by Kevin Lyda on May 15, 2007 at 08:53 AM PDT #
Posted by Ashlee Vance on May 15, 2007 at 09:09 AM PDT #
From page 57 of the linked to report, emphasis mine.
Posted by Jack on May 15, 2007 at 09:10 AM PDT #
Posted by Argent Dawn on May 15, 2007 at 09:19 AM PDT #
Posted by Harish Pillay on May 15, 2007 at 09:22 AM PDT #
Posted by ThunkDifferent.com on May 15, 2007 at 09:53 AM PDT #
You are coming dangerously close to making me believe you get it, and that is an encouraging development.
In the final analysis every company and every craftsman has to decide if they are about the money or about The Craft; The Craft leads to money but money does not lead to The Craft.
Know this lesson well.
Posted by Clifton Hyatt on May 15, 2007 at 09:58 AM PDT #
Posted by Gumbo on May 15, 2007 at 10:33 AM PDT #
Posted by osgeek on May 15, 2007 at 10:35 AM PDT #
Posted by Ewen Chan on May 15, 2007 at 10:45 AM PDT #
Posted by RJ on May 15, 2007 at 10:51 AM PDT #
Posted by Jon on May 15, 2007 at 10:53 AM PDT #
Posted by Roger on May 15, 2007 at 11:04 AM PDT #
Posted by quux on May 15, 2007 at 11:14 AM PDT #
Btw, Sun could have EOL'ed low selling items within its sw portfolio, yet it turned to open source to add longevity/revitalization. Amongst dozens of developers that I know, Sun is seen as a software champion. And they utilize Sun sw wherever possible. Look at their identity offerings: best in the industry. (Sun's Directory Server kicks butt!) Look at Java: Write once, run anywhere. Look at Solaris: best OS around - truly scalable, secure and stable. The examples go on and on...
I'm convinced that many developers look at Sun as a magic lamp. (It's more than Java, too - it's the entire sw stack.) And more importantly, many developers deploy on proven Sun systems/solutions. Sun chose to take risks to grow. The stock price might not reflect the true value of the company, but the "value" of Sun is felt on a global-scale by its products/services.
Thank you Jonathan Schwartz (and Scott McNealy) for having kept Sun away from frivelous lawsuits, or selling off chunks of the company. I'm sure you've been tempted. Right here, right now in 2007, your choices have led your company to be profitable again. Stay the course. Bigger and better revenues will follow. The Sun is still rising.
Posted by Vision is Key on May 15, 2007 at 11:30 AM PDT #
Posted by Jason B. on May 15, 2007 at 11:30 AM PDT #
Posted by Tony on May 15, 2007 at 11:32 AM PDT #
Posted by cybervegan on May 15, 2007 at 11:40 AM PDT #
I've been a fan and constant user of Sun Microsystems products in numerous capacities for about twelve years. Just when I thought Tux and friends would pile-drive your predecessor into a fine silicon powder, and Sun would sink in a sea of open source and Linux incomprehension, you came along!
Kudos to you for the advice you are giving in this post- keep focus here, and you'll be a hero in your corporation's history for sure!
Posted by Brian Shumate on May 15, 2007 at 11:42 AM PDT #
Posted by Fred Grott on May 15, 2007 at 12:20 PM PDT #
Posted by Stiennon on May 15, 2007 at 12:40 PM PDT #
Agreed, Microsoft is the evil empire, but...
Yet again I had to "upgrade" my PC for more power and memory (from DELL of course) and buy new OS - Vista (from MSFT of course).
Didn't someone say "Network is the Computer"?
When is Sun going to deliver a Computer to a consumer, so I can go to my ISP and get a free SunRay client for a 2 year contract and connect to your service (network.com) and *run* my favorite applications and *store* my favorite files (documents, pictures, MP3s and Videos)?
Sun is the only company which already has the technology, hopefully it is not the last one to deliver it.
Posted by Suresh Kumar on May 15, 2007 at 01:33 PM PDT #
Posted by Microsoft on May 15, 2007 at 02:23 PM PDT #
Posted by marty on May 15, 2007 at 02:52 PM PDT #
I am in the process of attempting to get my municipal government (and employer) to adopt ODF as a standard and OpenOffice or SunOffice as our word processing suite and it's articles like this that will help fuel my argument for adoption.
It would however be helpful if people like myself had access to the resources we need to "sell" adopting ODF and OpenOffice. ROI reports, presentations, etc.
Any chance Sun could offer some documents to assist me in presenting a solid and coherent argument for Open Source, ODF and OpenOffice.
I have little doubt that Sun will again rise to greatness in the new world of open source. It's a powerfully brave strategy and one that many are slow to realize is pretty much a necessity to survival in the new and open software/hardware world.
Best Regards Matt Livingstone
Posted by Matt Livingstone on May 15, 2007 at 03:00 PM PDT #
One possible future...
1. Microsoft uses the same aggressive tactics against the free and open source software movement (mainly but not limited to GNU/Linux) as it has against so many other technologies before it.
2. Assumption: the only thing that can replace a monopoly is another monopoly (or at least another entity of reasonable competitive scale).
3. New "monopoly" = Google + Apple + Sun (aka "GAS").
4. People love GAS.
5. GAS outcompetes Microsoft in every significant consumer and enterprise technology market.
6. The world is saved.
Reasons:
* Sun has innovative operating system, hardware, and other software that enterprises can rely on and be free of fear, uncertainty, and doubt issued by Microsoft.
* Google has software-as-a-web-service engineering innovation and positive consumer brand.
* Apple has device and personal interface innovations and positive consumer brand.
As such:
* The strengths of each contribute to the whole which then becomes greater than the sum of its parts.
* None of the three are so large that the combination would become equivalent to the next Department of Homeland Security. Sorry, HP and IBM.
* None of the three can do it by themselves; not even two (any two) of them combined.
* For once there can be a true competitor to Microsoft:
MSFT market capitalization = US$295 billion
GAS market capitalization = US$253 billion
Discuss...
P.S. A better name than "GAS" would be thought of earlier rather than later, of course.
Posted by Rene on May 15, 2007 at 04:12 PM PDT #
Posted by Wayne on May 15, 2007 at 04:19 PM PDT #
Posted by karen on May 15, 2007 at 05:00 PM PDT #
Posted by William R. Walling on May 15, 2007 at 05:02 PM PDT #
I am currently using Ubuntu GNU/Linux 6.06 LTS (Dapper Drake) on some Sun Ultra 5's (yes, those old dinosaurs are still very useful) for a variety of tasks. Ubuntu Dapper Drake works absolutely brilliantly on these boxes. Stick a hard disk of decent size in them, and they make terrific email and Web servers. I've also made firewalls out of them, both with GNU/Linux and OpenBSD. Those Ultra 5's are like Cummins turbodiesel engines; they just run forever. They're plentiful and cheap, too. I do some freelancing after work, and one of these customers needed a mail server. I tried Ubuntu on a Sun Blade 100 and bam, my customer was ecstatic. People say that Apple's PowerPC hardware is good and solid. Well, so is Sun's.
And speaking of hardware....
The OpenBSD team has been asking you for specs for the north/south bridges for the UltraSPARC III boxes, without NDA restrictions, for quite some time. Yes, I know that Theo is as abrasive as a diamond drill bit...oh hell, let's be straight up; he's an asshat. But his attitude aside, it would help all F/OSS platforms if Sun were to do so. Jonathan, there is no value to keeping those specs secret anymore; those boxes have long since been eclipsed by not just Sun kit, but also by just about everybody else's, too. There is, however, value in publishing them without NDA. It would enable more developers (the folks that you need to target) to write for UltraSPARC without dropping a ton of coin. That's why the Opteron and Core 2 (and thus x86-64) are so doggone popular; we can do 64-bit development, on a decently fast (actually, amazingly fast) box, without taking out a five-figure bank loan.
Continue on with Free Software, and I sure do hope to see OpenSolaris--all of it--relicensed or dual-licensed under the GPLv3 when that license is released.
Posted by Sum Yung Gai on May 15, 2007 at 06:19 PM PDT #
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Posted by Sivakanth Mundru on May 15, 2007 at 07:40 PM PDT #
Sun's a cool company, though.
Posted by mgsloan on May 15, 2007 at 09:30 PM PDT #
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Posted by Gil on May 18, 2007 at 08:24 AM PDT #
Open Source works like a bank where every customer gets paid interest depending on the total amount of all investments, not just their own investment.
There's a certain particularly toxic mentality around; an idea that bringing other people down is as good as building yourself up. It's manifested in the mindless vandals who smash up bus shelters, in the stupid kids who steal things that are no use to them just to deprive other people of them, and in the idiots who put recyclable goods in their rubbish so the council not only loses out on revenue from their recycling contractor but has to pay extra to bury it in landfill.
It's exactly the same mentality that refuses to invest in Open Source for fear that someone else might benefit -- the dog in the manger, one who would rather let something go to waste than give it away for nothing. There is simply no place for that mentality in the future. History has shown that all human progress has depended on co-operation in the face of adversity. Petty in-fighting harms everyone and helps no-one.
Posted by AJS on May 18, 2007 at 09:18 AM PDT #
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