☆ Is Mozilla Open-By-Rule?

+6

Mozilla

Host to the Firefox browser and the Thunderbird mail client among many other projects, the Mozilla Foundation is one of the largest and most significant open source projects. Long-term contributor and employee Gervase Markham has kindly provided the data for an open-by-rule scorecard for Mozilla.

The goal of the open-by-rule benchmark is not to judge the effectiveness or otherwise of any particular project. It is to examine the project governance and establish whether it is an example of good governance. A project may succeed despite flawed governance, with the good judgement and goodwill of participants overcoming possible opportunities for closed behaviour.

As usual, the data and draft text is contributed by a community insider who has made suggestions about scoring, but the score is mine and text that’s not in quote marks should be assumed to be mine too. Mozilla scores +6 on the scale -10 to +10 and is an open-by-rule community (as well as a functionally open community) despite some issues with closed overall leadership rules.

Rule Data Evaluation Score
Open, Meritocratic Oligarchy About Mozilla

Module Owners

Mozilla’s ultimate authority is a board of 5 people. This board is not elected, but was chosen by the senior group who set up the Foundation. They do not exercise day-to-day governance over the project but approve direction, big new initiatives, and budgets. Because they are not elected or subject to challenge, this is clearly not an open organisation. Score -1.

Mozilla’s day-to-day heads are Mitchell Baker on the organizational side, and Brendan Eich on the technical side (both are also on the board), and Mark Surman for the Foundation itself. Even when Netscape dominated the project and sacked Mitchell, she remained head of the project (rather to their consternation). People rise and fall in the organization based on merit, not employment – although the two are hard to separate, as meritorious people often get hired, and Mozilla hires already-meritorious people from other fields! Despite the big hiring budget leading to a preponderance of employees of Mozilla, it is still a meritocracy and there are plenty examples of leadership from outside the ranks of those employed by the Foundation, so this scrapes a +1.

Mozilla has strong leadership, with an appointed set of leaders (known as ‘module owners’) who have control in their areas, with the (very rarely exercised) right of appeal to Mitchell or Brendan. The clearest example of this is in the user interface, where the team spends a lot of its time saying “No” to other people. This is an oligarchy – leadership is exercised rather deferred to chatter or “democracy” by the masses – and scores +1 as a result.

The overall score of +1 reflects a somewhat closed leadership strategy for an organisation that’s otherwise so committed to inclusivity and transparency. It works, but it is in some part due to great people filling the leading roles and overcoming the challenge of the closed top-level leadership rules.

+1
Modern license The Mozilla License MPL 1.1+/GPL 2.0+/LGPL 2.1+, with the possibility in the future of switching to the MPL 2.0+ when it is released. (The MPL 2 is a modern license with inbuilt compatibility with the other two currently used.) All of these licenses have patent protection. Mozilla takes a lead role in writing and advising upon the writing of open source licenses. +1
Copyright accumulation Mozilla Committer Agreement Mozilla does not require copyright assignment. There is a Committers’ Agreement which requires people committing code to have the rights necessary to contribute it, or to investigate its provenance if they did not write it. But the copyright on all our code remains with the authors (or the Foundation for Mozilla employees). +1
Trademark policy Trademark Policy The Firefox and Mozilla trademarks are owned by the Mozilla Foundation, and carefully controlled to make sure that good uses are promoted and bad uses are not. However, what is “good” or “bad” is ultimately the Foundation’s decision, and other community members do not have trademark rights equal with the Foundation.

Gervase says: “I have publicly disagreed with Simon’s points here, but this is his set of criteria, not mine. I am scoring us as 0 because I think the trademark policy is not actively detrimental to the project, but Simon may wish to score it differently.”

Simon says: “Mozilla was a pioneer here and the policy does not actually privilege a community member above all others so actually I’m tempted to score it as +1, but there’s enough controversy around the subject to just about make me agree with Gervase’s score here. “

0
Roadmap Firefox Roadmap

Thunderbird Roadmap

Bugzilla Roadmap

Gervase says: “The Mozilla project is very open about its day-to-day procedures and planning, but the fast-moving nature of the field means that roadmaps which look even 6 months ahead tend to be very vague and aspirational. We also release “when it’s done” and so you won’t find a date-based release schedule either.”

Simon says: “The lack of a date-based release schedule is a concern. When releases are determined based on someone’s judgement that “they are ready” there is too much scope for abuse. It’s far better to have firm release dates and include or exclude features based on their owners’ public assessment of readiness (the “release train” pattern) as this is far harder for any individual to “game”.  However, the results are good so I’m scoring this as 0 and I gather there are moves afoot to start naming the next release date in advance which would roll the score over to +1.”

0
Multiple co-developers Developer Credits
(Not a comprehensive list, and not everyone on the list is still active.)
Gervase says: “Mozilla is one of the largest open source projects in the world. We employ (I think) over 400 people, and have several thousand more active volunteers. (Good community metrics are hard to come by, something we are working to change.)”

Simon says: “I’m actually concerned by the number of key contributors who are employed by the Foundation; an open-by-rule community should have greater diversity. All the same, my experience at Sun was that Mozilla was very happy for Sun staff to take key roles in Mozilla projects and as such I’d score it +1 for diversity based on that experience.”

+1
Forking feasible GNU IceCat

Songbird

Mozilla code is regularly forked to produce other browsers or related software, from the minor changes of GNU IceCat to the much larger changes of the Songbird media player. Some of these organizations or companies send back patches, some do not. There is even Mozilla code in competing browsers, e.g. Chrome on Linux uses NSS, the Network Security Services module. +1
Transparency Forums

Air

Bugzilla

Source

All project communication is done in the open, and all meetings are open for dial-in or to be viewed as streaming video on Air Mozilla. There are a wide range of forums, available via multiple access methods – email, news and web. There is a forum specifically for governance discussions.You can, of course, track all bugs and commits (with the exception of some information about security bugs, for a limited time) in Bugzilla and via our the SCM systems. +1
Summary (scale -10 to +10) +6

The full series of articles is summarised on the Essays page.

★ H.264 Is Not The Sort Of Free That Matters

Mushroom forestAt the end of last week, the MPEG-LA consortium announced they were extending the arrangement whereby they allow ‘web uses’ of the patents reading on the H.264 standard that they administer for their members to be licensed without charge. The arrangement, which runs in five-year periods, has now been extended to the expiration of the patents in the pool.

At first sight, this sounds great. Headlines have popped up all over the place which might lead one to believe that everything is now fine in the area of video streaming on the internet and we can all proceed without fear of having video taxed. But I’d suggest leaving the champagne corked for now.

Unpacking The News

The statement actually takes a lot of unpacking, probably intentionally so. H.264 is the widely-used “MP4” video format created many years ago by the Motion Picture Experts Group, MPEG. Those “experts” were mostly associated with various corporations and research labs, and the international standard they created was heavily encumbered with patents.

Realising that no-one much would use the standard if each user had to go negotiate patent licensing terms with a large number of separate parties, the patent-holders wisely decided to get together outside the scope of MPEG and create the “MPEG Licensing Authority”, MPEG-LA.

Despite the name, MPEG-LA is nothing to do with the standards group itself. It’s a for-profit company devoted to making the patent problem worse in the name of making it “easier to handle” by creating patent pools for all sorts of other technology areas, beyond the media formats they already police. Go looking for the exact terms under which they are offering “free use” in this case and you’ll find they are not keen for you to know. The best available are summaries that are sketchy about the exact definitions of terms.

They had indeed in February decided to waive licensing charges for what they describe as “where remuneration is from other sources” than direct payment by the viewer to the broadcaster. Their original commitment was to leave such uses untaxed until 2015 and thenceforth to tax at a rate no greater than on-demand internet TV viewing. Their announcement last week commits to never charge under these circumstances.

Chain Of Taxes

Their use of language helps us understand what’s really happening, though. For H.264 video to reach your browser, there is a chain of events that has to happen, and MPEG-LA is taxing every one of them apart from, now, the last.

First, the H.264-format video needs to be created – but that isn’t free under this move. Then it needs to be served up for streaming – but that isn’t free under this move. There then needs to be support for decoding it in your browser – but adding that isn’t free under this move. Finally it needs to be displayed on your screen.

The only part of this sequence being left untaxed is the final one. Importantly, they are not offering to leave the addition of support for H.264 decoding in your browser untaxed. In particular, this means the Mozilla Foundation would have to pay to include the technology in Firefox.

If they could do that. But they would not be able to do so, since the software they create is open source and thus needs to be able to be freely used by others, as a whole or as a kit of parts, without any restrictions. A license bought from MPEG-LA would not be “sublicensable”, meaning they could not gain the right for any arbitrary open source community member to do the same as Mozilla was allowed with H.264. Consequently they are unable to benefit in any way from this apparently generous action by MPEG-LA.

Why Now?

Why are MPEG-LA taking this action now? They wouldn’t say clearly when they were asked, so we’re left to guess. It seems likely that it’s an action induced by Google’s WebM CODEC. At a minimum, MPEG-LA owes to its members a duty to maintain the commercial competitiveness of H.264 over WebM.

But there may be more to it than that. When WebM was announced, MPEG-LA made predatory noises and tried their best to instill fear, uncertainty and doubt in the market through veiled threats of patent litigation against Google and WebM. It may be they are getting ready to launch that attack, seeing this as the ideal moment for the opening of a third front of patent litigation against Google after Oracle and Paul Allen have started the war.

Whether or not that “Axis” forms, the news is nowhere near as good as other commentators would have us believe. The future of the web and of web video depends on open source software, and H.264 remains unusable in open source because of patent threats. MPEG-LA’s apparently magnanimous gesture offers as little to open source as their original tactical move.

Given the tendency for commentators to stick to directly-causal explanations, they seem to be getting away with it despite the fact it really changes nothing with respect to modern adoption of H.264. We should not be affording them so much credit for it.

[First published on ComputerWorldUK]