A Theory of Disclosure for Security and Competitive Reasons: Open Source, Proprietary Software, and Government Systems

Full Citation

Peter P. Swire, A Theory of Disclosure for Security and Competitive Reasons: Open Source, Proprietary Software, and Government Systems, Hous. L. Rev., Vol. 42, No. 5, Ohio State Public Law Working Paper No. 4 (2006). Web BibTeX SSRN

Categorization

Issues: Information Sharing/Disclosure

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Synopsis

The paper presents a 2x3 matrix, where disclosure for security and competition are assessed for three types of systems or software: Open Source; proprietary software; and government systems. The paper finds greater convergence on disclosure between Open Source and proprietary software than most commentators have believed. For instance, Open Source security experts use secrecy in stealth firewalls and in other ways. Open Source programmers also often rely on gaps in Open Source licenses to gain competitive advantage by keeping key information secret. Meanwhile, proprietary software often uses more disclosure than assumed. For security, large purchasers and market forces often lead to disclosure about proprietary software. For competitive reasons, proprietary software companies often disclose a great deal when seeking to become a standard in an area or for other reasons.

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