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A casualty in the patent wars

In late June, a US District Court granted a request by Apple to ban the sale of the Galaxy Nexus smartphone in the US due to the phone's alleged infringements of Apple's patents; the phone was then duly pulled from the Google store. That ban has since been lifted, but that should not be seen as a victory against software patents; indeed, the contrary is true. The only reason the Galaxy Nexus is available again is Google's short-term capitulation; the company has simply removed the offending features from the "Jelly Bean" Android release. Google's claim that the patents were no longer at issue was enough to get the handset back on the market—for now.

What are those features? The biggest fight seems to be over patent #6,847,959, the so-called "Siri patent." This patent, filed in 2000, has the following as its first independent claim:

There are 17 dependent claims specifying that the "information identifier" may come from a dialog box or through voice input; the "heuristics" can involve searches on file names, file contents, local files, web pages, and so on. They narrow the scope of the patent, but do not change its fundamental nature.

Even thinking back to the year 2000, it is hard to find a great deal of novelty in this concept. If one wants to search for something, one likely wants to search all of the available resources. If one wants to search multiple locations or with multiple algorithms, one creates an API by which independent search modules can be invoked. The method described here is obvious; it should come to the mind of any developer skilled in the art of software development. But this is the valuable innovation that allowed Apple to block the sales of a competing product in one of the largest markets on the planet.

Google's response has been to cripple the functionality of its Android search bar, which will be restricted to searching the net only. Anybody running the Jelly Bean release will see that restricted functionality; it will also be pushed out to 4.0-based ("Ice Cream Sandwich") devices as an "update." And that is how things are likely to stand until the case runs its course, a process that could take years.

So, to put it bluntly: software patents have allowed a manufacturer of highly closed devices to hold one of the most open handsets available hostage and to block it from the market entirely. They have allowed said corporation to force the removal of obvious functionality from a device (mostly) based on free software. To think that this kind of thing won't happen again, or that it won't strike code that is more interesting to the free software community, is to be optimistic indeed. That does not seem to be the way the wind is blowing.

It would be nice to think that, somehow, the software patent problem will be solved in the near future. There are occasional encouraging signs, such as US appeals court judge Richard Posner tossing out another Apple case and speaking out against software patents. But actual attempts to reform the patent system never seem to get that far.

What seems more likely is that the major players in the mobile industry will eventually come together around some sort of patent pool that lets them get on with their businesses. Perhaps this will be a voluntary action, or perhaps there will be a certain amount of governmental pressure applied first. Either way, the end result is likely to be a regime in which the established players are free to get on with the process of making money while new companies, like the just-announced Jolla Ltd, face additional barriers to entry. Such a situation is not likely to be good for the industry or for free software.

But, then, one never knows. As bogus software patents threaten to take down products and services that people actually care about, we may yet see an increase in support for reforms. Perhaps the best strategy against software patents is the one we are already executing: make the best free system we can and ensure that it is widely diffused into systems that the world depends on. As patent litigation increasingly turns into a general denial of service attack against the economy as a whole, tolerance for the system may wane. One can always hope, anyway.

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The future of Thunderbird

Mozilla surprised Thunderbird fans on July 6 when it announced that it was pulling developers from the project. Mozilla says it will continue to test, patch, and maintain future releases — including stability and security fixes — while letting community members guide development of new features. But that promise did not prevent a slew of headlines reporting that the email client was being put out to pasture. A number of Mozilla developers have subsequently commented on the decision, helping to clarify the outlook for the future somewhat, if not completely.

Mozilla chief Mitchell Baker posted the announcement on her blog, starting with the question "is Thunderbird a likely source of innovation and of leadership in today’s Internet life? Or is Thunderbird already pretty much what its users want and mostly needs some on-going maintenance?" The answer from Mozilla's upper echelons, evidently, is that the desktop email client is essentially feature-complete, and not likely to experience further innovations. Consequently, Mozilla as a whole is better off directing its engineering resources to its current "priority" projects.

Baker's post was interpreted by many to mean that Mozilla was halting development on Thunderbird, perhaps offloading control of the project to the open source community or otherwise attempting to get rid of the project without saying that it was getting rid of the project. Thunderbird would hardly be the first open source project to suffer such a fate, so a pessimistic take on the announcement is understandable. But the details that have emerged since the announcement paint a different picture.

Details, details

On July 7, Jb Piacentino posted an announcement to the tb-planning mailing list which covered the same ground as Baker's post. In it, he assured readers that the move was not the cessation of Thunderbird development:

Thunderbird developer Ludovic Hirlimann said on his blog that Thunderbird 14, 15, and 16 would all be released before the new plan takes effect, and that the new model's practical effect would be that "we won’t have the time to work on specking, developing and testing new features," although the team would still participate in the development process.

Details about the plan are described on the Mozilla wiki. The plan draws a distinction between the normal Thunderbird and the extended support release (ESR) version. Mozilla will focus on the Thunderbird ESR releases and associated security updates, while allowing other contributors to work on the standard Thunderbird trunk. Mozilla will continue to provide the testing and release infrastructure, and Mozilla staffers will serve as the release team. But the Mozilla staffers will not be tasked with introducing new features. ESR releases are guaranteed to receive security updates for one year, rolled out with Firefox ESR, on a six-week schedule.

Despite Piacentino's reassurances and the wiki's lengthier explanation, some on the list still interpreted the news in starkly different terms. For example, while Ben Bucksch took it to mean an end-of-life announcement, Charles Tanstaafl read the announcement to mean that Mozilla employees would "focus on stability and fixing many of the long standing bugs".

Others wanted more specifics on the new process. Kai Engert asked whether the arrangement meant that Thunderbird releases would be kept in sync with Firefox on shared components (including Gecko):

Concerns raised also included the fate of in-progress development work (such as the long awaited rewrite of Thunderbird's address book) and whether or not the outside community would be able to mentor Google Summer of Code (GSoC) projects, which have been a dependable source of new code in the past. The community has indeed played a major part in recent innovations, including the new "conversations" view extension, MIME handling, and the recent removal of RDF as a dependency. Mozilla's Mark Banner replied that Thunderbird's annual ESR releases would synchronize with the then-current Firefox release (including any Gecko updates), but that the intervening six-week security update releases would not roll in recent changes. The bulk of in-progress projects are slated to be completed before the new process begins, he added. Finally, he pointed out that Thunderbird community members had mentored past GSoC projects, so the process change should not interfere.

Email versus the web

Several Mozilla staffers commented about the announcement in blog posts of their own. Thunderbird developer Joshua Cranmer observed:

Cranmer did not bemoan this situation, however. He saw it as natural considering the growth of mobile email, and because "Mozilla's primary goal is to promote the Open Web." The assertion that the web — but not email — is Mozilla's central mission was also touched on in official channels. The wiki page states that the priority projects getting Mozilla's attention are "important web and mobile" efforts, "while Thunderbird remains a pure desktop only email client." Baker's blog post similarly noted that the project has "seen the rising popularity of Web-based forms of communications representing email alternatives to a desktop solution."

But Bucksch took issue with that notion in considerable detail, observing that if Thunderbird is losing out to web-based email, that constitutes a loss, because "Webmail is definitely not open. You're totally dependent on the features and limitations the provider offers [...] Privacy goes out the door with webmail. Even integrity: The ISP can even alter the message contents years after the fact, and I have no way to verify or prove this."

Mozilla's stated mission is "to promote openness, innovation and opportunity on the web, but Bucksch points out that its manifesto stakes out considerably broader principles about the openness of the Internet as a whole. Side-stepping for the moment why the organization has a separate "mission" statement and "manifesto" at all (much less inconsistent ones), the point is well-taken. If Thunderbird has failed to grab a majority of the world's email client share, what users are left with are proprietary OS-vendor clients on the desktop, or proprietary software services on the web. Mozilla Labs briefly toyed with a webmail client called Raindrop, but shuttered it before it left the experimental phase.

Perhaps competition from webmail clients is a side issue, and Mozilla is primarily readying itself to make a greater play for what it sees as the new email battleground on mobile devices, with its Boot-to-Gecko effort (which was recently renamed Firefox OS). Andrew Sutherland, a developer on Mozilla's forthcoming Firefox OS email client, told the tb-planning list that he and other team members were list subscribers, and were at least open to the possibility of collaborating with the Thunderbird community on compatibility features.

Despite the doomsday predictions that leaked out following the initial announcement, Mozilla's plans indicate that it is committed to testing and releasing Thunderbird for at least the next year or so (depending on the final release date of Thunderbird ESR 17). The distant future is less clear, but that could be said of many other projects. Anyone who doubts the ability of the Mozilla volunteer community to maintain a product needs only to look at Seamonkey, which continues to live on long after Mozilla lost interest. Still, Mozilla's second-class treatment of its email client is troubling for other reasons. Email itself may be relatively static, but IM, VOIP, and other communication methods are coming and going all the time, and Mozilla has not offered a consistent client story for them. If Firefox is Mozilla's only product, users' hope for an open web boils down to "hopefully the service providers will write open source web apps for foo" — which seems like a long shot.

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Akademy: The Qt Project and KDE

The Qt Project was launched in October 2011 to foster the open development of the Qt toolkit. Qt is the underlying framework used by KDE, of course, so Akademy attendees are understandably interested in the status and progress of the Qt Project. Thiago Macieira provided that update in a surprisingly well-attended keynote—surprising because it was early on the day after a social event that stretched into the wee hours.

The Qt Project

The Qt Project is based on four principles, Macieira said: fairness, inclusiveness, transparency, and meritocracy. Fairness means that the project is open to everyone, while inclusiveness means that people can just start participating as there are no barriers in place or fees required. Transparency covers the decision-making process which is completely open. Discussions happen on the mailing list, whose participants ultimately make any decisions. When discussion takes place elsewhere, it needs to be posted to the list for others to review and comment on. Finally, a meritocracy means that contributors who have "shown their skills and dedication" are given commit rights, and are the ones who get to make the decisions for the project. That way, the most experienced people get the most deciding power, he said.

The project has seen quite a bit of activity in the eight months it has existed. Over that period, there have been 18,000 commits to the code base, with an average of 412 per week. There were some dips in the graph that he showed, for Christmas, Easter, Norwegian national day, and one that he called "Elop". The latter correlated with Nokia CEO Stephen Elop's statements that have caused concern about the future of Qt within the company. When an audience member suggested banning Christmas to increase productivity, Macieira chuckled and said that banning Elop would be more effective.

Commit numbers do not show the whole story, though. To get a sense for the community that is coming together around the project, Macieira also looked at how many different people are contributing. Over the eight months, 481 different email addresses were used for contributions—averaging 140 different email addresses per week. There are some people using more than one address, of course, but those numbers give an idea of the number of contributors to the project.

Macieira put up a flowchart describing how to contribute to the project. It looked relatively complex, with lots of "ladders and snakes", but contributing is actually fairly straightforward, he said. He pointed to the project wiki for information on what is needed. Code contributions are managed with the project's Gerrit code review instance. Using the dashboard in that tool, one can see the status of current code reviews, look at comments that have been made on the code, see the diffs for the changes, and so on.

Code that has passed review from both humans and a bot that checks for problems can then be staged from the Gerrit system. That moves the code into an integration phase where it is merged into the mainline, compiled, and tested. Two and a half hours later, contributors will get an email with the results of the integration. It is "very simple", he said, and all of the "eleven steps" from the flowchart "boil down" to this process.

KDE and Qt

Qt and KDE are "greater together", Macieira said, and he would like to see the two communities merge into one large community. Qt provides the libraries and framework, while KDE is building applications on top of that. If KDE needs new features, they can be put into Qt as there is now a "really nice way to make that happen". In the past, there had been obstacles to moving functionality into Qt, but those are gone.

He gave several examples of people working on moving KDE functionality into Qt. The KMimeType class has recently been added to Qt as QMimeType, which was essentially just moving and renaming the code. Other KDE classes have required adaptations prior to moving into Qt, including KStandardDirs and KTempDir. David Faure has been doing much of that work, but he is not alone as Jon Layt has been working on moving the KDE printing subsystem into Qt, while Richard Moore has been adding some of the KDE encryption code (e.g. SSL sockets) to Qt.

Those are just three KDE developers who have started working in the Qt upstream, Macieira said. There is a lot more code that could make the move including things like KIO (KDE I/O), the KDE command-line parser, and KDebug.

Beyond just code contributions, the project can use help in lots of areas. One can be an advocate and help spread the word about the Qt Project. Reporting bugs (and helping to fix some of them) is another area. Documentation, translations, artwork, and so on also need people to work on them; there is "a lot that you can do", Macieira said.

Developers can also start reviewing the code that is being proposed. It is easy to get started with the code review system after creating an account. What is really needed is "more people" and KDE is an obvious source for some of those people. The two projects should "work more closely to solve our objectives together", he concluded.

Asked about the filtering capabilities in the code review system to find patches of interest for review, Macieira admitted that the search and filtering functionality could use some work. There are ways to watch specific projects by a regular expression match, but overall it lacks some features that would be useful.

Another audience member asked about the statistics and, in particular, whether they could be quantified based on whether the person considers themselves a KDE developer. That is difficult to do, Macieira said, because people wear multiple hats, but there is definitely value in doing so.

The last suggestion was for a joint KDE/Qt conference. Macieira agreed that there would be "a lot of value in getting the two communities together", but that it wouldn't work for this year. He would like to see that happen next year, perhaps as part of the Qt Contributors Summit. The summit is a hands-on working conference, without presentations like Akademy has, he said, so a separate event might be the right way to go.

After years of trying to turn Qt into a more open project with a community orientation, it is nice to see that effort start to come to fruition. Given the uncertainty in the future of Qt at Nokia, having an independent project, with contributions from others outside of the company, will help to ensure the future of the toolkit. Since KDE is one of the bigger users of Qt, it only makes sense for the two projects to work closely together—exactly what Macieira was advocating.

[ The author would like to thank KDE e.V. for travel assistance to Tallinn for Akademy. ]

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