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July 19, 2008 8:07 AM PDT

Torvalds: Linux not becoming obsolete would be 'sad'

by Matt Asay
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I admire Linus Torvalds' candor (this is the guy who freely admits his own family doesn't use the Linux desktop, after all), as well as his foresight.

In an excellent interview posted on Simple-Talk, Torvalds covers a range of topics, including the Linux operating system's place in history:

I can certainly imagine the Linux kernel becoming obsolete--anything else would just be sad, really, in the big picture.

He is absolutely right. Much as we may pine for this or that project to achieve market dominance, it is one of the cardinal virtues of open source that there are no legal or business policies that would entrench it as a monopoly. People may choose to use it for a long period of time and to the exclusion of other products/projects, but there are no nefarious designs in the code to make it so.

Hence, Linux may fade away. At some point, we should certainly hope so, in order to make way for the next phase of operating system, one that is preferably open source.

Other interesting tidbits from the interview are Linus' comment on patents:

...[P]atents are very much used to stop competition, which is undeniably the most powerful way to encourage innovation. Anybody who argues for patents is basically arguing against open markets and competition...

And on working for Microsoft:

I find it unlikely that MS would ever offer anything that I would consider relevant. Money? Hey, they have it, and I like it, but I obviously don't value it over everything else. And they are unlikely to offer the things I really value.

A level-headed, mature commentary on the future of Linux, the value of patents, and the likelihood of Torvalds going to Microsoft. No wonder we love this guy.

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to The Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure. You can follow Matt on Twitter @mjasay.
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Add a Comment (Log in or register) Showing 1 of 2 pages (38 Comments)
by ironsmithfe July 19, 2008 9:58 AM PDT
I understand what Mr. Torvalds is saying about patents stifling competition and it certainly has been used that way by companies such as Sony and Microsoft and more than a handful of other companies. HOWEVER, patents are also a kind of guarantee that if you invest in R&D you will receive a return on your funds which is also good for competition and advancement.
There are a few kinds of technological advancement that we can observe in our lives;
1. Incremental-linear. For example: DDR3 over DDR2
2. Incremental-nonlinear. Hybrid HDD over normal HDD
3. Breakthrough. For example: DDR RAM over SDRAM or SSD over HDD
Patents are useful for a very small portion of 2 and all of 3 but should not be applied to 1 at all because that is where patents become counter productive. At some point every creation should become public domain perhaps 10 years giving companies sufficient time to recoup their investments and make a profit but not be able to hide behind their product forever.
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by Renegade Knight July 21, 2008 7:33 AM PDT
All patents expire. Off the top of my head it's 17 years. Long enough in a world where planned obsolence isn't running rampant.
by ironsmithfe July 19, 2008 9:59 AM PDT
I understand what Mr. Torvalds is saying about patents stifling competition and it certainly has been used that way by companies such as Sony and Microsoft and more than a handful of other companies. HOWEVER, patents are also a kind of guarantee that if you invest in R&D you will receive a return on your funds which is also good for competition and advancement.
There are a few kinds of technological advancement that we can observe in our lives;
1. Incremental-linear. For example: DDR3 over DDR2
2. Incremental-nonlinear. Hybrid HDD over normal HDD
3. Breakthrough. For example: DDR RAM over SDRAM or SSD over HDD
Patents are useful for a very small portion of 2 and all of 3 but should not be applied to 1 at all because that is where patents become counter productive. At some point every creation should become public domain perhaps 10 years giving companies sufficient time to recoup their investments and make a profit but not be able to hide behind their product forever.
Reply to this comment
by all-usernames-in-use July 19, 2008 10:10 AM PDT
Torvalds is a smart guy, and he never lets himself get cornered. He'd almost make a good lawyer, but he's a bit too grounded for that. He can say things like, "I think OS X is nicer than Windows in many ways, but neither can hold a candle to my own (Linux)" and then come back and tell us that Linux will be obsolete someday, and nobody will think he's being hypocritical.

Torvalds knows that he'd never sit back and say, "gee, Linux is obsolete" and twiddle his thumbs. He'd do something about it, or one of the other community grains of sand would.
Reply to this comment
by No Man July 19, 2008 11:03 AM PDT
I completely disagree with Torvald's assessment of patents. Patents strongly encourage innovation by adding a capitalist motive to what would otherwise be purely academic research. Every time Company A patents a technology that Company B needs, it encourages Company B to research and patent their own better version of that technology. Patents prevent technology that would otherwise have been allowed to become the accepted status quo from stagnating by placing it under constant attack from different, competing technologies. Innovation occurs specifically because patents encourage technology to not simply build on previous ideas without profit, but approach solutions from new and different angles for the incentive of monetary gain.
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by humanssssss July 19, 2008 11:20 AM PDT
@No Man

"Patents are very much used to stop competition, which is undeniably the most powerful way to encourage innovation."

Reread what he said. He said patent is "a powerful way to encourage innovation." I think what he meant from that is the exclusivity to market a product from the patent provides a powerful incentive to innovate. Otherwise people would copy each other's work and compete with each other.
Reply to this comment
by BarkerDigital July 19, 2008 11:38 AM PDT
He is saying that *competition* is the most powerful way to encourage innovation, not patents. His next sentence gives the full context...
by No Man July 19, 2008 2:08 PM PDT
The innovation he spoke of was referencing not the patents, but the competition that patents supposedly eliminated. That's why he goes on to reiterate that those who are for patents are against competition. The quote could have been phrased like this:

"...[P]atents are very much used to stop competition. Competition is undeniably the most powerful way to encourage innovation. Anybody who argues for patents is basically arguing against open markets and competition..."
by wyghtlyon July 21, 2008 3:26 PM PDT
Actually, because of the sentence structure, the dependent clause "which is undeniably the most powerful way to encourage innovation." relies on the indirect object (competition) of the independent clause "...[P]atents are very much used to stop competition,", so he was referring to "competition" encouraging innovation. It may seem like splitting hairs, but in this context, it vitally important not to misquote. Mr. Torwald has been involved with the global business community for some time making him quite versed in basic economics. While patents are a wonderful stimulus for capitalism, they are not designed to promote technological evolution, which is with which Linux is synonymous.
by wyghtlyon July 21, 2008 3:40 PM PDT
My apologies for misspelling Torvald. I speak fluent Deutsch, so I sometimes mix-up my "v's" & "w's"; not to mention, I omitted the word "is" in one of my sentences. Embarrassing. ;)
by jabailo July 19, 2008 12:03 PM PDT
The original patent was to cover the number of years it took for a individual to take an idea to market or to find a buyer. Now, patents are used to allow large players to block the markets. It is wrong that our tax dollars should be used to fund a system that is business based. Government needs to stay out of the free market.
Reply to this comment
by Renegade Knight July 21, 2008 7:36 AM PDT
Governments absolutly needs to be in the free market. Their job is to keep it free. Business left to it's own devises would always eliminate the free market. The only question is the role government is going to play.
by skurewu July 19, 2008 12:19 PM PDT
Interesting point about Linux going obsolete. I'd imagine that the best case in Torvald's head would be a future where Linux takes over and many companies embrace it, but then eventually agree to team up and release another open source operating system. This has already been happening with many open source projects.
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by The_Decider July 19, 2008 7:56 PM PDT
Design by committee leads to MS like crap.

I agree with somewhat, but the next big OSS kernel should be done by a small group of people. The linux kernel is so flexible and stable precicely because it is controlled by a small group.
by Michael too July 19, 2008 1:08 PM PDT
Well, patents were actually intended to get inventors to reveal their secrets so that others could use them.

Basically, the agreement was like this: you document your invention in sufficient detail that a person reasonably skilled in the art could reproduce the invention. For telling everyone how to make your invention, we will give you 20 years of exclusive access. After that time frame they can use your invention for themselves.

In the modern world, there are two problems with this. 1) The pace of change means that many things are obsolete within 20 years so there is no public good from sharing the 'secrets'. 2) Patents are supposed to be 'non-obvious'. Basically, you are supposed to be revealing something of value. However, 'one-click' shopping is not only obvious, but it has no 'secret' that needs to be revealed. Anyone who hears of on-click shopping could reproduce the capability without needing to read the patent.

A final note, drug patents may still need substantial timeframes because it takes so long for regulatory approval and human trials before they can hit the market.
Reply to this comment
by Lerianis July 19, 2008 3:16 PM PDT
No, drug patents do NOT need substantial timeframes. The fact is that most drugs get their money back that was spent on that drugs (and some other drugs!) development within the first 5 YEARS of the patent. Therefore, 25 years patents are not necessary and are counterproductive at best. 10 years at the most is ALL a drug patent should be allowed to last for.
by Wookiee-1138 July 19, 2008 1:25 PM PDT
Give this guy the Nobel Prize!
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by bwvla July 19, 2008 1:27 PM PDT
Patents are too long. If patents were put in 3 to 5 year blocks as opposed to 14-20 it would be better. 3 to 5 years in modern times is more than enough time to capitalize on ones invention, yet a short enough time for true competition to take place.

Our culture has created too many "cash cow" legal mechanics that have been exploited by corporations.

As for Linux going obsolete. We can only hope everything we use today becomes obsolete for better ideas.
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by Lerianis July 19, 2008 3:16 PM PDT
Exactly right. For most products, with the rate of change in the industries, 3 to 5 years is MORE than enough to get your investment back and then some.
by tundraboy July 19, 2008 3:34 PM PDT
I've seen it happen a lot.

A person who becomes very successful and highly respected in one field starts to think that he is an authority on all fields.

By his statement Linus Torvalds obviously knows squat about the legal and economic theory of patents. I'll listen to his ideas about software and operating systems. His ideas on patents, I'll let that slide.
Reply to this comment
by Commander_Spock July 19, 2008 4:33 PM PDT
Re: "Linux not becoming obsolete would be 'sad'". Well, this will be "Party Time".... Ladies and gentlemen "The King" and "OS/2" Have Left The Building"! ;-)
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by Seaspray0 July 19, 2008 5:48 PM PDT
I approve of it becomming obsolete... with a better open source OS. I do not want to see it outright die as this would reduce competition and inovation. Although it's not my OS of choice, it is for others and I can respect that.
Reply to this comment
by felgercarbnaysay July 20, 2008 9:41 AM PDT
Considering that Linus' entire career was based on copying someone else's technology (Bell Labs UNIX ) I'm not surprised by his disdain for patents. In Linus' fantasy world little elves will develop technology for free as they made shoes for the shoemaker in the Grimm Brothers tales.

Suppose Linus had actually developed a unique and useful technology only to have a large company copy it leaving him penniless, would he feel the same about patents? I suspect not.

In the meantime, the open source movement continues to destroy shareholder value by undermining innovation in the hardware and operating system world. Commoditization of hardware may mean lower prices, but commodities, by definition, will not allow for differentiation. Differentiation is what creates value. Most of the arguments being made in favor of Linux involve saving money on hardware. This is preposterous since Moore's law already made the hardware market very price competitive. Open source has done little to drive down software costs. Microsoft, and Oracle continue to fleece their customers selling them overpriced, buggy products. Meanwhile companies like Sun have sustained most of the damage. Go try and buy a copy of Oracle Database Enterprise Edition for any machine and you'll find that it's cost will often exceed that of the hardware it's running on. That's true for both SPARC machines running Solaris or a Dell Intel machine running Oracle's flavor of Linux.

Linux is already obsolete in my mind. It was from day one. Bell Labs solved the problem of a portable operating system (one that can run on any processor) decades before. There was virtually NOTHING new in Linux other than a Marxist pricing model. It never addressed the REAL problem of software costs. AIX., Solaris and HP/UX were never high margin products. They were the icing on the cake that made you choose one brand of hardware over another.
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by The_Decider July 20, 2008 11:13 AM PDT
I am not sure where to start on this FUD.

Everything is based on something. Nothing happens in a vacuum, even UNIX. Linux is only based on Unix it is not like any amount of it was a simple copy and paste.

OSS is increasing shareholder value, that is why corporations of every size are using OSS where it makes sense.

Marxist pricing? Now you are truly showing your idiocy and you aren't worth responding to.
by AppleSuxLeo July 20, 2008 8:51 PM PDT
You are so right ! Very well written.
by humanssssss July 20, 2008 10:17 AM PDT
@felgercarbnaysay

Based on your argument, everyone is a copy of everyone's else. There is not one person in this world who is not a copy of what he was taught because knowledge comes from the information existed. What Linus did is organize these knowledge into something people find useful. Bell Labs did the same. It copied and use Assembly to create C.

Commodization is good because more people can enjoy the product at a lower price. I remembered an Operating System costing as much as $2,000. And the Operating System is junk too compare to today's standard. If the operating system didn't commodize, we would never move up the innovation chain to have Applications. And if it weren't for Applications commodization, we wouldn't move up the innovation chain to have great Software Service like google search, web based bank app, on demand video, social networking myspace, etc.
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by Commander_Spock July 20, 2008 11:59 AM PDT
Re: "Commodization is good because more people can enjoy the product at a lower price. I remembered an Operating System costing as much as $2,000. And the Operating System is junk too compare to today's standard. If the operating system didn't commodize, we would never move up the innovation chain to have Applications. And if it weren't for Applications commodization, we wouldn't move up the innovation chain to have great Software Service like google search, web based bank app, on demand video, social networking myspace, etc...." Sure, "web based bank app" (without economic philosophies) like the ones that have gotten the US Housing and Financial markets as well as the home-owners in the troubles that they are all in today. It is called Dialectic Materialism, not Linusism/Linuxism. Duh!
by felgercarbnaysay July 20, 2008 5:44 PM PDT
Ok, you you're whining about a $2000 operating system while Oracle charges 20 times that much for their database.

You just don't get it, do you?
by The_Decider July 21, 2008 1:58 AM PDT
Why would you compare an OS with a database? Except in the case of some embedded devices everyone needs an OS. No one needs Oracle.
by Hernys July 20, 2008 12:52 PM PDT
There's a biggest problems than the duration: patents are currently protecting ideas, not the investment put into ideas.
You can have a spontaneous, random idea that will most probably be had by someone else in a short time, and you get the same protection as someone that got some solution to a problem through decades of directed (and expensive) research at their own risk.
A better system would only protect the result of directed research performed in an open way. You would apply for patent protection for the solution to problem X at least one year in advance. You would then perform your research ,knowing that, if you develop a solution after one or more years of research, you would get protection for some specified time (five to ten years sounds reasonable). If someone else comes up with a solution to your proposed problem (which was published openly at the time of application) then unless they were doing directed research and had applied for protection earlier, or the solution was obvious and didn't merit protection.
This way, random ideas do not get protection, and they will continue to be had at the same rate. Directed research is promoted, and people can invest in research knowing that, if they get to something useful, they'll be able to profit from it.
Everyone wins.
Reply to this comment
by gsigas July 20, 2008 1:48 PM PDT
Ideally the more trivial or obvious the patent the less time it should last.
Reply to this comment
by TtfnJohn July 22, 2008 2:44 PM PDT
@gsigas

If the idea is obvious then the rules are that it isn't patentable. It's one of the reasons the patent system is such a mess is that too many obvious things are actually slipping through, patent granted in in hand to pass off to a patent troll.

ttfn

John
by SneezingPanda July 20, 2008 2:56 PM PDT
Linus surely knows what it takes to create a piece of software. Open source model deservers to be supporeted at least for the sake of keeping healthy degree of honesty in the whole software business. Great interview.
Reply to this comment
by AppleSuxLeo July 20, 2008 4:59 PM PDT
Torvalds sounded like he could go to work for MSFT.Never say never ! MSFT is the only big player that has a large Linux division to work on interoperability between Windows and Linux. Apple would never embrace Linux. Lets face it...Linux has had many years to gain traction and never has. Torvalds could develop some interesting things he would actually get paid for.
Reply to this comment
by The_Decider July 21, 2008 1:57 AM PDT
More ignorance from a MS fanboy.

Torvalds gets paid and is fairly wealthy because of his work with Linux. Microsoft has no real knowledge of Linux nor how to leverage it, why would Torvalds work with idiots?

Linux has no traction? Only if you are a blind idiot who spends his days playing video games. Linux is nothing in servers, distributed systems, etc, and no one uses Linux on the desktop huh?
by estammer July 21, 2008 10:11 AM PDT
My thoughts prior to reading your article are that Linus thought the Linux OS should become Obsolete.

However, after reading your article and the original documentation associated with it, the meaning of what he said is totally different.

While your article title is eye catching and brings the reader in, it is totally misleading for those who just peruse the titles of articles and move on.
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by x0lani July 23, 2008 1:24 AM PDT
(Agreeing with estammer) Mr. Asay and several other people are misinterpreting Linus' original comments regarding Linux becoming obsolete. He's not saying that Linux will never achieve market dominance or that it will be obsoleted by a commercial product; he's just saying that Linux is not the be-all-and-end-all of operating systems and that, in the course of human progress, Linux should one day be obsoleted by a better, more suitable technology.
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About The Open Road

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to the Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is general manager of the Americas division and vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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