In order to use the Linux system to eliminate the control of most of the China Software market, in the second Northeast Asian OSS pusher, the Chinese representative proposed the "National Linux Standard Program" and said: "It is impossible to wait for others to solve Chinese text. Code technology and other standardization issues, China is developing its own Chinese Linux standard. Since China-Japan and South Korea has consistency on standardization issues such as text code technology, China also hopes that Japan and South Korea can support and use China's standards. "However, this forum However, the situation of "China's Pushing the National Linux Standard Program, Japan Han Han Waiting Attitude". For this incident, the Western information technology industry and the media are very concerned that not only has a wide in-depth report, but also analyzed the working process of the Chinese government to establish national standards from all perspectives, reminding their governments and companies to pay attention to China to fulfill it to the world. The commitment of the trade organization.
The "National Linux Standard" "National Linux Standard" in the China-Japanese and Korean unified area of the LINUX system appears, is not accidental. The author believes that it is necessary to correctly understand the "national standard" and comply with relevant regulations. If you want to develop Chinese Linux truth from facts, it is difficult to break the Microsoft's control in China's market, but also, as well as experts in the industry, will give It brings more passive.
Patent risk of Chinese "National Linux Standard"
National standards are part of regulations, so in addition to technical possibilities and feasibility, national standards must also consider legal possibilities and feasibility. The national standards belong to public intellectual property rights, and the product of a public technical content is not to mean property rights of the product become public intellectual property rights. Linux discloses technical content, does not mean that its property is the public intellectual property. Such examples have also occurred before.
As early as the end of the 1970s and early 1980s, when IBM started to promote personal computers, the technical content of its operating system PC-DOS was publicly released in the "Technical Reference" manual. . The "Technical Reference" manual includes a description of each part of the hardware function and related software program, including a description of the circuit and programming of the core part "Central Processor" (CPU). The "Technical Reference" manual is large, and its object is a professional reader, not a general user, and thus is released alone.
The technical content of operating system PC-DOS and its "technical reference" is open, but its intellectual property is still private property rights from IBM. According to US law, national standards belong to public property rights, no patents; in order to protect the public nature of national standards, private patent components are difficult to become national standards. Because of this, although the IBM personal computer and its operating system are the factual standards at the time, all related products must follow its rules and must be compatible with it, and even relevant standards for US government and international standards have been used for technical reference. However, in terms of legal sense, PC-DOS and its "Technical Reference" have never become the "national standard" of the United States, and there is no official standard for international or global markets.
Up to 3.xx version of PC-DOS, IBM has completed the transfer of operating system services to Microsoft. According to regulations such as US copyright law, private intellectual property owners can decide on how to issue property rights. Enjoy this right, Microsoft stopped IBM's issuance method, no disclosure of the technical content, without a "technical reference" manual. At that time, stand-alone operations were the mainstream market, and the issue of universal attention is that the computer is popular, not the technical content open sharing, and thus the market accepts the way Microsoft has changed the opening and sharing as a closed development.
With the popularity of the Internet and the Internet becomes the mainstream, technology disclosure and open share sharing become universal attention. The emergence of Linux provides a specific answer to solve this problem, so it can be quickly accepted by the World Market. It can be said that Linux's release method is to return to the original IBM disclosure technology content and open share. Like IBM's PC-DOS and its "Technical Reference" manual, Linux issued a way to take public technical content, and it means that its property rights become public intellectual property rights. As mentioned earlier, national standards are public intellectual property, and they cannot be owned by individuals or companies. A technique, a patent or technical product specifications must become national standards, and all private property factors must be eliminated. This is the case the current world market AES data encryption national standards and international standards. In the bidding, the inventors of the AES encryption algorithm disclose and clearly state that according to the national standard development law and the provisions of intellectual property protection law, all technical content of their invention did not make any patent application, and they do not have any form. Patented ownership; regardless of their bidding results, they will always give up any form of patented ownership of all content of the technology. With this legal basis, AES is adjusted to be one of the objects of national standard assessment assessment; if there is no such legal basis, their bidding will be rejected, of course, it is impossible to become a national standard for public intellectual property.
So far, the inventors of Linux have clearly declare that he has the intellectual property of the invention and has private property rights for all technical content of the original invention. Obviously, under this conditions of property rights, Linux did not become the legal basis of national standards; many companies in developed countries such as the United States have already begun to use and continue to implement Linux, but their government has not implemented Linux as national standards, which fundamentally Consideration is that Linux includes private patents.
This spring, the German Munich Munich's Munich has decided to abandon Microsoft Systems and Turning to Linux, and provides equipment orders to the United States IBM, etc. Originally, this is a signal that indicates that the entire EU member national government may turn to Linux. However, since SCO puts forward infringement lawsuits on patent issues, patent risks from relevant companies and users; according to investigation, infringement consisting of more than 200 payments, 20 of which may involve Microsoft's patents, that is, said, If Microsoft adds litigation, Linux related companies and users face patent risks become greater and more complicated. In order to avoid patent risks, the Munich government decided to temporarily loose Linux orders. Regardless of this proceedings, "patent risk" has become the challenges facing Linux. For a long time, this risk challenge is a good thing; this is an obstacle to face and need to overcome. To this end, IBM and other companies have put forward the protection measures, reduce or avoid customers from Linux patent risk. Loss.
As far as in China, it seems that there is still no clear statement of public property rights and private property rights, and there is no awareness and related work system for patent risk management. Chinese institutions can repeatedly declare "independent property rights" in the Chinese Linux of themselves, but in the final analysis, the statement has no legal basis. Once they are pursued, that statement becomes an invalid statement, and may even be treated as infringement. There is no legal basis, and it is one of the reasons why Japan and South Korea's so-called "China pushes the national Linux standard program". Japan and South Korea's wait-and-see attitude reflects the attitude towards the legal construction of the Chinese market: the establishment of public intellectual property projects such as China's national standards, is there a solid legal basis? Does the technical provider are required to give up private property rights? If not, it is a legal big loophole, it is difficult to make the international market to implement sufficient confidence in China's standards.
Strictly distinguish corporate behavior and national behavior
Among the idea of "planning economy", many people in China believe that the standards of administrative power can be used to obtain the success of Microsoft with Linux, and the opportunity to obtain market initiative and international market can be obtained. . That way is hard to go. It does not say that Linux's property is private, and China does not have much rights to use Linux as a "national standard". If there is no extensive application range and popularity, any standard is difficult to push away.
As far as the market is in the market, the national standard is used to ensure product quality and general normative public intellectual property rights, rather than a patented private property right of a corporate, in the consumer market, a national standard is not forced consumers. The administrative order purchased is not a market sales advertisement, but is a reference scale when helping consumers procurement. Because of this, in the United States, the company is more than willing to become a conventionally-established industry standard (private), but not expected to make its own patents "(can not be private); A technical patent should form "national standards", they will transfer (or have a low price auction), and they are not successful, and they will give up patents. The difference between private / corporate patents and national standards, many Chinese people seem to have not fully recognized, often confused national standards and private patents.
The so-called "China Pushing the National Linux Standard Program", it should be a national behavior that meets the overall interests of the market. However, the standard setter and the pilot person have enterprise participation, and some of the contents of the program is the user manual to promote a corporate product, rather than conforming to the overall benefits of the market. Enterprises exercise state power, it is difficult to work in the international market, people will not pay. As a national standard, treat all companies equally, or, it should be the green light of all products that meet the national standards, rather than only for a few companies or only for a few products. In this regard, the US standard management experience is quite aware of significance.
Live an example. The computer operating system is invented by the United States. However, until now, the US government has not used some of the products of any company as national standards, but in accordance with the ISO-15408 international standards for international standards, it has developed its own "Public Code" (CC, Common Criteria) such as FIPS ", etc. By April this year, in the US market, the computer operating system of this certificate has IBM's AIX, Sun's Solaris, UNIX, and various versions of Linux, and Microsoft's "window 2000 professional version"; Microsoft's "Window XP" version is widely distributed in the market, but has not obtained the certificate, and thus, there is no including this version on the column list of the US government. Of course, it is not "standard" or "" National standards. Such a variety of operating systems coexist, not only very beneficial to protect the overall interests of the market and ensure fair competition in the enterprise, but also very beneficial to national security.
China has long been a member of the International Standards Organization. China has already had a national standard law, and the State Administration of Quality Administration also has a very clear legal explanation of the relevant terms. In this case, why China implements the "National Linux Standard" will encounter a wait-and-see and unacceptable reaction, why does it cause special attention to overseas media? The ancient training said that the name is not right, and the words are not good. The "China National Linux Standard" proposed in the international market, including private property interests, including minorities, such as possible and feasibility, not mentioning technology and legal possibilities, only the operation itself, companies in other countries And the government unclear the "implementing country Linux standard" is the behavior of the Chinese government, or the behavior of China's individual enterprises, natural, and can't understand whether the standard means accepting a company, refusing whether the standard means refusing The Chinese government, no matter which possible, it is unfavorable. In this case, reasonable selection of other countries is naturally a visual attitude. In short, the reform of government and enterprises is not in place, business behavior and national behavior confusion, and establishing and implementing their own technical standards for China is also a big obstacle. Seeking truth from facts to develop Linux systems suitable for the Chinese market
According to reports, it is in this regard in China, and the relevant government departments do not recognize that there is a "national Linux standard". According to the "National Linux Standard Program", its design has not yet got rid of the "Chinese" bondage and Microsoft's ideas. This shows that Chinese Linux is still immature in China's own market. The author believes that China has implemented Linux to break the road of Microsoft control, the best choice is the propositions of Ni Guangnan academicians: expand Linux applications (this application range includes operating systems and application software, including algorithm language and programming tools), pass through Government ordering and other means vigorously promote the popularity of the country, forming "fist" products and group companies through fair competition.
Walking this road, you can only rely on China, other countries have a willingness to cooperate, and there is no power. The United States, Canada and Western European countries do this, which has formed a very huge Linux market, enough to make Linux promotion applications in the world market. Because there is a considerable market basis, rather than because national standard administrative orders, IBM dare to all dial out hundreds of millions of dollars and invest in 10,000 employees to develop Linux-based products.
Walking this road, you need to make a good foundation for truth from facts. Chinese Linux version is numerous, people who remembered the Chinese input method "10,000 yards (Ma) Pentium": It seems to be very lively, and there is not much thing, no even. The goal of developing Chinese information technology is the comprehensive management of Chinese data, not how many methods in computer keyboard input; the Chinese character input method can only explain the development orientation errors and huge waste, and there is no substantial sense of comprehensive management of Chinese data. In terms of literature metaphor, "10,000 yards (horses)" is like a "fennel" word in fennel, what is the meaning and how much mean? So far, Chinese Chinese characters database construction has not been completed; more worth considering, even if the database is completed, it does not meet and does not meet the needs and requirements of comprehensive management of Chinese data. At this time, it is possible to say that it is not to sell the high-rise building in the foundation, and who can live in the unreliable building in the foundation?
Walking this road does not mean that the computer network operating system does not require "national standards", but it is more necessary for the government to provide more sound system security and more effective public services in national standards. In this regard, the author wants to emphasize a little: the government has developed and implemented national standards, and it must protect its public, fairness, and open transparency. It must guarantee market fair competition, and cannot force all companies and the entire market to accept one by one of the national standards. Private patents and services for a private property rights. If you try to work with Japanese Korea's LINUX region "National Standard" is not how to deal with Microsoft, how to deal with overseas cooperation to deal with the country's Linux peers, then the "national standard" practice is not only to achieve break. Microsoft controls the market's situation, but it is likely to make China's own Chinese information technology has become more and more passive. Walking this road and needs to support the government. However, government support does not mean to implement support objects to implement, and more and more reasonable and more safe methods are supported by government or ordering and other ways to support. For Linux's status quo, it is not advisable to consider it as a national standard, and it can be implemented as a "industry standard" of the convention and voluntary participation. In doing so, it is not necessary to be constrained by the legal constraints of patent rights, which can greatly reduce the possible losses of patent risks, and can also provide development opportunities for Linux. Obviously, this requires a sound legal environment and effective rule of law management, a problem, may affect the overall situation.
The author has always believed that China needs to develop its own core technology, and it is necessary to break the market control of Microsoft. In this regard, Linux has provided a development idea and market opportunity for China, rather than a Christmas tribute to China. The gift is not the world, and a free lunch is provided. China can break nuclear monopoly and nuclear threat control, relying on its own strength of "two bombs," instead of promoting "China Nuclear Technology Standard". The same truth, in the field of information technology, the technical force in the control market is ultimately breaking by technical strength. In the case of unity, unstable and lack of strength, it is unrealistic and wishes to solve information technology issues and obtain market proactive through national standard administrative means. WAPI is a lesson, and the "National Linux Standard Program" is likely to be a lesson, and most success is from receiving lessons and avoiding repetitive mistakes. "Standard Heat" is rising and forming a trend in the information technology industry. At this time, the author hopes that the industry, especially the industry decision makers, can maintain a calm mind in the boom, put the main energy in developing their own scientific strength content, through their own scientific strength growth to achieve break control and acquisition Active expectation goals.
Accessories
Annex I: A list of computer operating systems in the US market.
product name
Manufacturer
date
AIX 5L for Power V5.2, Program Number 5765-E62
IBM Corp.
2002-04
B1 / EST-X, V2.0.1 with AIX, V 4.3
Bull S.a. and IBM
1999-11
Hewlett-Packard HP-UX (11i) Version 11.11
Hewlett-packard
2001-09
Hewlett Packard Tru64 Unix V5.1A
Hewlett Packard
2004-02
Irix V 6.5.13, with patches 4354, 4451, 4452
Silicon Graphics
2002-04
NOKIA IPSO 3.5 and 3.5.1
Nokia
2003-07
Red Hat Enterprise Linux 3
Red Hat, Inc.
2004-02
Solaris 8 2/02
Sun microsystems
2003-04
Sun Solaris Version 8 with adminSuite v3.0.1sun microsystems
2000-11
Sun trusted Solaris, V 8 4/01
Sun microsystems
2002-06
SUSE Linux Enterprise Server V8, SP3, RC4
SUSE Linux AG
2004-01
SUSE Linux Enterprise Server V8
SUSE Linux AG
2002-02
Trusted IRIX / CMW V 6.5.13, with patches
Silicon Graphics
2002-05
Windows 2000 PROF., Server / Advanced Server & SP3
Microsoft Corp.
2002-10
XTS-400 / STOP 6.0.e
DigitalNet
2004-03
(Source: US State Standards Bureau, as of April 2004)
Annex II: International Standards Organization's basic principles on the development of international standards (Source: International Standards Organization).
(1) Principles consistent: manufacturers, sellers, users and consumers, test laboratories, governments, engineering technology and research organizations, and so on, all aspects of interests and opinions need to be considered.
(2) Principles of the entire industry: can meet the needs of global industries and users.
(3) The principle of market voluntary: International standardization is the market being promoted, so participation and implementation have implemented voluntary principles.
Annex III: Interpretation of the Definition of the General Administration of Quality Administration of China (Source: State Administration of Quality Administration).
* "What is national standard?": National standards are a unified technical requirement in the country. The national standard has a year of five years. After the period is over, the national standard will be revised or re-developed. In addition, with the development of society, the state needs to develop new standards to meet people's production and life needs. Therefore, the standard is dynamic information. Mandatory national standards are national standards for ensuring human health, personal, property safety standards and legal and administrative regulations.
* "What is industry standard?": Industry standards refers to technical requirements for unified national standards and need to be unified in a certain industry in the country. There is a wide range of labeling applications, and it is not easy to collect.
* "Who is made by the standards at all levels of my country?": my country's national standards are formulated by the State Council's Standardization Administrative Department; the industry standard is formulated by the State Council's administrative department; local standards are formulated by the provincial, autonomous regions and municipalities in the administrative administrative department of the provincial, autonomous regions and municipalities directly under the Central Government; Enterprise standards are formulated by the company.
