"That Jarring Gong," Part IX
Enough is Enough!
This thought has been lingering in my mind for a few months, and the final catalyst was an article by former United States Attorney General Bill Barr in the Wall Street Journal. His thoughts resonated with me, supporting a decision I wasn't sure would find much backing. However, it's clear that there are others who share this sentiment. Recently, Elon Musk made a similar move by banning Apple devices at his companies due to Apple's use of OpenAI. Inspired by this, I’ve decided to implement a new policy within People, Ideas & Objects: no Microsoft software, hardware, or services will be used in any capacity within our organization, our user community, their service provider organizations, or among our developers. This strict avoidance is rooted in a longstanding concern I’ve had about Microsoft. Those who know me understand that I’ve never purchased their products and never will. Now is the time to take a stand and say enough is enough. Security has never been a priority for Microsoft, and this cultural flaw is something they seem to neither recognize nor address.
The Issues
I've long questioned Microsoft's contribution to the market. Where is the "innovation" that Bill Gates and Steve Ballmer claimed to bring to their products? The only notable attempt I recall is "Bob the Human Interface." Since its inception, Microsoft has stifled original market innovators by underselling and overinvesting in their marketed product capabilities, eventually overpowering and outperforming competitors. The first significant instance of this was with Lotus 1-2-3, the pioneering spreadsheet software. Similarly, several word processors like WordStar and WordPerfect were pushed out by the eventual dominance of Word and Office. Microsoft also set its sights on the operating system interface, trying to emulate Apple's 1984 innovations. Windows eventually became usable with the release of Windows 97, setting the industry standard. Another example is the IBM OS/2, a joint initiative with Microsoft, which was abandoned by Microsoft, leaving it to fade into obscurity.
The time has come to acknowledge these issues and take a definitive stand. We will move forward without reliance on Microsoft, focusing instead on technologies and partners that prioritize security, innovation, and integrity.
One Man’s Opinion
After Steve Jobs returned to Apple, it became the only firm I’m aware of that has come back from a near-death experience to once again prosper. Microsoft, on the other hand, has faced challenges with its product innovations, such as the Zune, Internet Explorer, Nokia smartphones, and Bing, indicating that the game has changed for them. However, Microsoft’s Windows operating system remains the only OS that users continue to pay for, including upgrades, while Linux and Mac have been free for at least a decade. Despite this, Microsoft has a sufficient number of customers willing to pay, enabling the company to acquire promising startup technologies and large companies like Nokia, LinkedIn, and GitHub, thereby maintaining a significant market presence.
Today, Windows and Office continue to sell well enough for Microsoft to position itself as a leader in the Information Technology marketplace, or so they believe. None of their current products were initiated internally or developed through their own initiative. Recently, they purchased a $10 billion interest in OpenAI and announced their own AI service, which will apparently use Microsoft cloud installations exclusively. Microsoft is investing heavily in this capability, despite their AI efforts already lagging behind competitors.
If we critically examine Microsoft's history and ask what is uniquely theirs, it's challenging to pinpoint anything significant. C# was intended to replace Java, but security issues have plagued their products. Windows is notorious for viruses, and .Net's basic security model is fundamentally flawed. Security is certainly not their forte unless Microsoft's competitive advantage lies in security breaches.
Three Examples of Behaviors
Example 1: Amicus Curiae in Supreme Court Case #18-956
Microsoft's behavior often reveals intentions that may not align with fostering innovation. For instance, their Amicus Curiae brief in support of the petitioner in the Supreme Court case #18-956, Google vs. Oracle, demonstrates a stance that might seem counterproductive if Microsoft were truly innovative. They argue that the Federal Circuit's decision threatens innovation by impeding fair use in software, crucial for collaborative processes and the development of new technologies like cloud computing and the Internet of Things. However, their position may primarily protect their own interests in maintaining control over software elements rather than genuinely promoting progress in the software industry.
The Federal Circuit’s decision threatens disastrous consequences for innovation. Software production today is often a highly collaborative process in which many different players participate. The industry’s current practices developed in reliance on decades of court decisions permitting robust fair use of functional software elements. Those cases accommodate the practical need for third parties to access and reuse functional code—like the software interfaces at issue here—to ensure the availability of programmers and to facilitate interoperability across myriad software platforms and hardware devices. Innovations in hardware (such as the “Internet of Things”) and software (such as cloud computing) have made that once-stable body of law increasingly critical. After hearing the evidence, the jury understood those considerations and concluded that Google’s fair-use defense was valid. The Federal Circuit’s reversal of that verdict as a matter of law threatens fair use’s vitality and extinguishes the necessary “breathing room” for the ecosystem of innovation it protects. This Court should grant review to ensure that copyright does not impede, rather than “promote,” “the Progress of Science and useful Arts” in the software context. U.S. Const. art. I, §8, cl. 8.
Example 2: Java and Intellectual Property
The purpose of object-oriented programming, exemplified by Java, is to reuse objects instead of rewriting them, addressing the inefficiencies of procedural programming. Java's framework allows developers to leverage pre-existing code, enhancing efficiency. However, Google have utilized this framework without compensating Oracle/Sun, the creators of Java. Google's use of 11,500 lines of code to access the Java API in Android highlights this issue, exploiting Java's efficiencies without adhering to fair use principles intended for minor, personal purposes, not for generating billions in revenue. This undermines the incentive for creating such reusable objects and frameworks, as the original developers are not compensated for their intellectual property.
Access through GitHub (a Microsoft 2018 $7.5 billion acquisition.) to all the world developers code is the purpose of what Microsoft were after and friend of the court comment regarded. This has been repackaged as “Co-Pilot” taking others IP and selling the derivative product as an AI feature that allows Co-Pilot to write software code based on the understanding of the Large Language Model learned from GitHub.
In a screenshot shared on X, Kukoff highlighted detailed allegations concerning the development of GPT-4, suggesting that its closed-source nature primarily serves Microsoft's proprietary commercial interests. The screenshot included a quote attributed to Nadella, made during the November 2023 controversy surrounding OpenAI.
Nadella reportedly remarked that it would not matter if OpenAI ceased to exist, emphasizing Microsoft's possession of intellectual property rights, computational resources, and data necessary for AI development. “We have all the IP rights and all the capability. We have the people, we have the compute, we have the data, we have everything. We are below them, above them, around them," stated Nadella, as per Kukoff’s post.
Example 3: Concerns About Big Tech Dominance
Some may argue that Microsoft is in it to win it, however their behavior has become an issue in my mind. Secondly this article of two time United States Attorney General Bill Barr’s raises similar concerns to People, Ideas & Objects however on a much larger scale.
Big Tech’s playbook for expanding its dominance is familiar. Once these platforms establish monopoly or near-monopoly power in their primary markets, they enter and gain competitive advantages in adjacent markets. As a House Judiciary Antitrust Subcommittee report found, Big Tech companies have frequently “invested” in emerging firms and technologies in adjacent markets, integrated or bundled these products with their dominant platforms, and then provided a leg up to their offerings by giving them superior access to their platforms.
Big Tech companies can thus pre-empt the normal evolution of emerging markets. Rather than evolve into their own solar systems, adjacent markets become mere satellites of the dominant firms. This not only allows tech giants to absorb new domains but also prevents the emergence of new rivals with technologies capable of disrupting the platforms’ dominance.
The strategy is intentional. Internal deliberations at dominant companies have sometimes shown that a significant reason for investing in adjacent technologies is to throttle threats to the companies’ core platforms and instead turn them into “improvements” that can insulate the firms from competitive challenges.
Microsoft had a policy that captured this in the phrase “embrace and extend” which appropriately some are adding the term “extinguish” to. The warm embrace that OpenAI is feeling these days will soon have their “innovations” meet the same demise as Mitch Kapor’s did. From the WSJ article.
One reason Big Tech companies have become so powerful is that regulators have been asleep at the switch over the past 25 years and allowed them to gobble up emerging firms before they posed a competitive threat. We can’t repeat these mistakes and must carefully scrutinize investments by dominant platforms on the front end so that governments aren’t left trying to undo the harms when it isn’t feasible.
Google’s Android
Eric Schmidt was Chairman and CEO of Google from 2001 to 2011. In August 2006, he was elected to Apple’s board of directors but resigned in August 2009 due to conflicts of interest. The first iPhone was released on January 9, 2007, and the first Android phone was released in September 2008. Notably, both Sergey Brin and Larry Page were mentored by Steve Jobs. As mentioned in Walter Isaacson's authorized biography of Steve Jobs, Jobs felt betrayed by these three and referred to the Android phone as a product that "stole from Apple’s iPhone."
These events are part of a broader trend in the tech industry where large IT companies preempt competition. This behavior is highlighted in Bill Barr's Wall Street Journal article. Steve Jobs' ability to bring the iPhone to market was rooted in work he began at NeXT after separating from Apple in 1985. This work involved the Objective-C programming language, an object-oriented language based on C. From 1985 to the iPhone's release in 2007 and continuing, Jobs and his team built the objects and frameworks necessary for Apple's phones, which remain proprietary to Apple and cannot be copied.
Java, which began in the early 1990s on the other hand, is a programming language available to anyone who signs a license agreement, which includes paying royalties on commercially derived products. For Google to compete with Android against Apple's Objective-C framework, Sun Microsystems developed Java in 2007 would have demanded that a comparable framework be well-established. For Google to build a competitive framework from scratch would have taken at least a decade, as did Apple’s and Sun’s, making Google's Android not timely or viable in the market. Thus, Google opted to use Java, signing the license but never paying for it. Oracle sued and initially won, but Google won on appeal in the Supreme Court.
Adobe
Adobe has also been making controversial moves regarding the licensing and ownership of creative works. Their revised “End User License Agreement” grants Adobe an unlimited use license to all creative works produced with their software. While users retain ownership, Adobe claims unlimited usage rights. This means that if your work appears across the web, it’s because Adobe has the rights to use it.
In contrast, People, Ideas & Objects compensates its user community members for their work during development. We purchase the Intellectual Property rights from each user, ensuring all IP is centralized and can be licensed back to the community for further derivative works. This approach is vastly different from poaching user content for AI or other purposes.
The Other Alternative
As People, Ideas & Objects are eliminating Microsoft's software, hardware and services from any use in the People, Ideas & Objects domain of the Preliminary Specifications development. We feel we reduce the risk of introducing security risks that are unnecessary. Linux and Macs as Unix systems don’t have virus protection needed. If a user authorizes software that does damage, then they’re responsible. However nothing will enter unknowingly as an executable and begin causing havoc without the authority of the administrative level user first.
Conclusion
If AI is as dangerous as some predict, it is important to recognize that these technologies are essentially advanced algorithms with increased speed and impact on society, making their rise inevitable. Their potential impact is significant due to these capabilities. Former Attorney General Bill Barr's article raises valid concerns, particularly about the culture at Microsoft. Microsoft's culture has historically not fostered an internal drive to develop innovations and products independently. This trend is unlikely to change, and they may continue to leverage their cash and strategic methods for their own benefit in substantial ways. It is not the AI technology itself that is concerning, but rather the corporate culture, as highlighted in Barr's article.