It's Like This...Or Maybe Like That... - Port 25: The Open Source Community at Microsoft
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It's Like This...Or Maybe Like That... by MichaelF on September 08, 2006 08:19PM

I am compiling a list and analysis of all the analogies and metaphors that have been used to characterize open source software development and its social, technical, and business implications.  I think it is unlikely this will be the next DaVinci Code­­-style best seller, so I don’t expect to give up my day job, but my interview of Professor Alfonso Fuggetta where he talked about the distinction between specification and implementation reminded me of why I started this project.

Analogy and metaphor are fundamental to not only how we understand something, but also to how we form our opinions about it; in an influential paper on artificial intelligence and cognition, the authors emphasize the centrality of analogy to not only how we make sense of the world but its powerful and often unrecognized implications:

When people make analogies, they are perceiving some aspects of the structures of two situations—the essences of those situations, in some sense—as identical…Furthermore, not only is analogy-making dependent on high-level perception, but the reverse holds true as well: perception is often dependent on analogy-making itself. The high-level perception of one situation in terms of another is ubiquitous in human thought. In the large or the small, such analogical perception—the grasping of one situation in terms of another—is so common that we tend to forget that what is going on is, in fact, analogy.*

 

The authors use a few contemporaneous controversial situations from US politics in the late ‘80s – early ‘90s to illustrate this point—what  struck me about their emphasis on the power of analogical reasoning to shape opinion was the fact that analogies to “Vietnam” and “Hitler” were used in those examples in their paper and, 20 years plus later, those same historical events are in the news as analogies today.   The two examples highlight how acceptance of the analogy carries with it a strong bias to shape your attitudes and your behavior (even manipulate your emotions): analogies don’t necessarily just frame the argument—sometimes they are the argument.

The analogy that’s top of mind for me today is from Open Sources 2.0 (Sam blogged about it here), and was laid out by Matt Asay (who  frequently has interesting  things to say on his blog or, for that matter, here on Port25).   It’s one of those that I think warrants some discussion because, as it stands, I think it actually raises much more interesting questions than what Matt initially describes.

 

In his chapter “Open Source and the Commodity Urge: Disruptive Models for a Disruptive Development Process,” he is arguing open source reduces prices by facilitating the option to “do it yourself.”  After hiring out their landscaping, including cement work, he goes on to relate  the unfortunate story of having to pay (high)  legal fees to resolve a dispute with his (bad) cement contractor.  The price of legal assistance was high because of the “skill set involved and the artificial licenses set up by the legal profession to keep would-be attorneys in would-be land.” And necessary because (emphasis added) ”I am effectively barred from accessing the “source code” of the legal…profession, which drives up the price I must pay.”

 

Here’s the interesting thing: as much or perhaps more than any other domain, we are not barred from accessing the “source code” of the legal profession.

 

True, there are hurdles you have to go over to practice as an attorney and represent others—but that is not relevant to the “do it yourself option.”  In fact, you are entirely able to represent yourself if you want to, and some venues (small claims court and many administrative processes) are designed to accommodate self-representation.   So, first—relatively speaking—law is an areas where you have a lot of latitude to “do it yourself” (by comparison, “do it yourself law enforcement” or “do it yourself public highway repair” by contrast, is actively discouraged.)

 

Second, the “how-to”  of underlying knowledge is perhaps more widely available in the legal domain than in any other: there are many public law libraries and a large (although its practitioners would say not big enough) network of volunteer assistance organizations.

 

Finally, legal documents are almost universally  public as well, so you can seek an example of someone else’s filing, brief etc from among literally millions of such documents—from the lowliest pleading to the most momentous Supreme Court argument.  If a situation where the full text of millions of legal artifacts available freely (or for the price of distribution) aren’t like open source code…I’m not sure what is!

 

This analogy was powerful enough to lead me to think a long time about the contra case: not is lack of openness inflating prices, but what if a high degree of  openness does not reduce prices (--or at least “reduce enough” relative to expectations).   Thus the question: are there analogies  that help make sense of this possibility?  I have some ideas that I’ll offer in my next blog.

 

 

 

*High-Level Perception, Representation, and Analogy: A Critique of Artificial Intelligence Methodology; Chalmers, French, Hofstadter 2001

 

 

 

Comments RSS
  1. CDarklock said:

    This is an excellent example. There's one compelling difference between the legal profession and software development, though:

    No lawyer has ever been so irresponsible as to suggest that the average man on the street can and should act as his own legal counsel.

    This is fundamentally what the open source argument is at its heart - that everyone could and *should* be reading and modifying the source code of their computer applications. As anyone who knows the first thing about usability can attest, this is simply an irrational expectation... but the open source crowd never has quite understood the value of usability.

    posted at 01:20PM 09/11/2006
  2. ssjdrn said:

    I haven't read the book, but I think the author is referring to the trend toward requiring a JD before one can take the bar exam and practice law. Law school is of course very expensive, and generally requires a bachelor's degree, further compounding the expense. This has not always been the case: in some states one could pass the bar exam and recieve a law license regardless of academic training, simply by studying the relevant books. It may be difficult, but one can attain the necessary skill set to practice law without any formal education, just as good programmers do not always have degrees in computer science. So this is an artificial 'licensing requirement' set up by established lawyers (who have entered politics, etc.) to inflate legal fees. He's not suggesting that everyone be their own lawyer, much less their own programmer, but that such artificial requirements conspire to form a more 'closed' industry that eventually hurts the consumer.

    posted at 07:36AM 09/12/2006
  3. Hey, Groklaw is the "open source" model of Law, and it has shredded your employer. Get over it, and do some good with your life.

    posted at 02:06PM 09/12/2006
  4. Interestingly, if Groklaw is indeed a good example of the open source model of law, it is one that  CDarklock might approve of: from the http://www.groklaw.net/ header:

    IANAL. I am a journalist with a paralegal background,

    so if you have a legal problem and want advice,

    please hire an attorney.

    posted at 06:54PM 09/26/2006
  5. Port 25 said:

    Taking a brief detour from the thread about OSS and its similarities (or not) to law to take note of a couple recent publications, both of which discuss the interaction between traditional IT vendors and OSS...

    posted at 03:38PM 10/23/2006
  6. Port 25 said:

    It’s been just over a month since I last blogged on the law-and-open-source –analogy, and, despite a cool, unrelated entry in the middle, I feel my blog karma is running dangerously low… But—proving either that life is a journey of continuous learning

    posted at 02:48PM 12/12/2006
  7. Port 25 said:

    I started this chain of blogs about the law-and-open-source–analogy based on something Matt Asay had written that struck me as interesting—but didn’t sit we me as quite right. So it seems appropriate to tie up this set of blogs with something he wrote

    posted at 03:44PM 01/26/2007
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