Showing posts with label Big Backs 02. Show all posts
Showing posts with label Big Backs 02. Show all posts

Saturday, March 13, 2010

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A bank is a financial institution that accepts deposits and channels those deposits into lending activities. Banks primarily provide financial services to customers while enriching investors. Government restrictions on financial activities by banks vary over time and location. Banks are important players in financial markets and offer services such as investment funds and loans. In some countries such as Germany, banks have historically owned major stakes in industrial corporations while in other countries such as the United States banks are prohibited from owning non-financial companies. In Japan, banks are usually the nexus of a cross-share holding entity known as the keiretsu. In France, bancassurance is prevalent, as most banks offer insurance services (and now real estate services) to their clients.

The level of government regulation of the banking industry varies widely, with countries such as Iceland, having relatively light regulation of the banking sector, and countries such as China having a wide variety of regulations but no systematic process that can be followed typical of a communist system.

The oldest bank still in existence is Monte dei Paschi di Siena, headquartered in Siena, Italy, which has been operating continuously since 1472.[1]

* 16 References

* 17 Further reading

[edit] History

Main article: History of banking

The very first state deposit bank, Banco di San Giorgio (Bank of St. George), was founded in 1407 at Genoa, Italy.[2]

[edit] Origin of the word

Silver drachm coin from Trapezus, 4th century BC

The name bank derives from the Italian word banco "desk/bench", used during the Renaissance by Jewish Florentine bankers, who used to make their transactions above a desk covered by a green tablecloth.[3] However, there are traces of banking activity even in ancient times, which indicates that the word 'bank' might not necessarily come from the word 'banco'.

In fact, the word traces its origins back to the Ancient Roman Empire, where moneylenders would set up their stalls in the middle of enclosed courtyards called macella on a long bench called a bancu, from which the words banco and bank are derived. As a moneychanger, the merchant at the bancu did not so much invest money as merely convert the foreign currency into the only legal tender in Rome—that of the Imperial Mint.[4]

The earliest evidence of money-changing activity is depicted on a silver drachm coin from ancient Hellenic colony Trapezus on the Black Sea, modern Trabzon, c. 350–325 BC, presented in the British Museum in London. The coin shows a banker's table (trapeza) laden with coins, a pun on the name of the city.

In fact, even today in Modern Greek the word Trapeza (Τράπεζα) means both a table and a bank.

[edit] Traditional banking activities

Large door to an old bank vault.

Banks act as payment agents by conducting checking or current accounts for customers, paying cheques drawn by customers on the bank, and collecting cheques deposited to customers' current accounts. Banks also enable customer payments via other payment methods such as telegraphic transfer, EFTPOS, and ATM.

Banks borrow money by accepting funds deposited on current accounts, by accepting term deposits, and by issuing debt securities such as banknotes and bonds. Banks lend money by making advances to customers on current accounts, by making installment loans, and by investing in marketable debt securities and other forms of money lending.

Banks provide almost all payment services, and a bank account is considered indispensable by most businesses, individuals and governments. Non-banks that provide payment services such as remittance companies are not normally considered an adequate substitute for having a bank account.

Banks borrow most funds from households and non-financial businesses, and lend most funds to households and non-financial businesses, but non-bank lenders provide a significant and in many cases adequate substitute for bank loans, and money market funds, cash management trusts and other non-bank financial institutions in many cases provide an adequate substitute to banks for lending savings to.[clarification needed]

[edit] Entry regulation

Main article: Banking regulation

Currently in most jurisdictions commercial banks are regulated by government entities and require a special bank licence to operate.

Usually the definition of the business of banking for the purposes of regulation is extended to include acceptance of deposits, even if they are not repayable to the customer's order—although money lending, by itself, is generally not included in the definition.

Unlike most other regulated industries, the regulator is typically also a participant in the market, i.e. a government-owned (central) bank. Central banks also typically have a monopoly on the business of issuing banknotes. However, in some countries this is not the case. In the UK, for example, the Financial Services Authority licences banks, and some commercial banks (such as the Bank of Scotland) issue their own banknotes in addition to those issued by the Bank of England, the UK government's central bank.

[edit] Definition

Cathay Bank in Boston's Chinatown

The definition of a bank varies from country to country.

Under English common law, a banker is defined as a person who carries on the business of banking, which is specified as:[5]

* conducting current accounts for his customers

* paying cheques drawn on him, and

* collecting cheques for his customers.

In most English common law jurisdictions there is a Bills of Exchange Act that codifies the law in relation to negotiable instruments, including cheques, and this Act contains a statutory definition of the term banker: banker includes a body of persons, whether incorporated or not, who carry on the business of banking' (Section 2, Interpretation). Although this definition seems circular, it is actually functional, because it ensures that the legal basis for bank transactions such as cheques does not depend on how the bank is organised or regulated.

The business of banking is in many English common law countries not defined by statute but by common law, the definition above. In other English common law jurisdictions there are statutory definitions of the business of banking or banking business. When looking at these definitions it is important to keep in mind that they are defining the business of banking for the purposes of the legislation, and not necessarily in general. In particular, most of the definitions are from legislation that has the purposes of entry regulating and supervising banks rather than regulating the actual business of banking. However, in many cases the statutory definition closely mirrors the common law one. Examples of statutory definitions:

* "banking business" means the business of receiving money on current or deposit account, paying and collecting cheques drawn by or paid in by customers, the making of advances to customers, and includes such other business as the Authority may prescribe for the purposes of this Act; (Banking Act (Singapore), Section 2, Interpretation).

* "banking business" means the business of either or both of the following:

1. receiving from the general public money on current, deposit, savings or other similar account repayable on demand or within less than [3 months] ... or with a period of call or notice of less than that period;

2. paying or collecting cheques drawn by or paid in by customers[6]

Since the advent of EFTPOS (Electronic Funds Transfer at Point Of Sale), direct credit, direct debit and internet banking, the cheque has lost its primacy in most banking systems as a payment instrument. This has led legal theorists to suggest that the cheque based definition should be broadened to include financial institutions that conduct current accounts for customers and enable customers to pay and be paid by third parties, even if they do not pay and collect cheques.[7]

[edit] Accounting for bank accounts

Suburban branch bank

Bank statements are accounting records produced by banks under the various accounting standards of the world. Under GAAP and IFRS there are two kinds of accounts: debit and credit. Credit accounts are Revenue, Equity and Liabilities. Debit Accounts are Assets and Expenses. This means you credit a credit account to increase its balance, and you debit a debit account to decrease its balance.[8]

This also means you debit your savings account every time you deposit money into it (and the account is normally in deficit), while you credit your credit card account every time you spend money from it (and the account is normally in credit).

However, if you read your bank statement, it will say the opposite—that you credit your account when you deposit money, and you debit it when you withdraw funds. If you have cash in your account, you have a positive (or credit) balance; if you are overdrawn, you have a negative (or deficit) balance.

The reason for this is that the bank, and not you, has produced the bank statement. Your savings might be your assets, but the bank's liability, so they are credit accounts (which should have a positive balance). Conversely, your loans are your liabilities but the bank's assets, so they are debit accounts (which should also have a positive balance).

Where bank transactions, balances, credits and debits are discussed below, they are done so from the viewpoint of the account holder—which is traditionally what most people are used to seeing.

[edit] Wider commercial role

The commercial role of banks is not limited to banking, and includes:

* issue of banknotes (promissory notes issued by a banker and payable to bearer on demand)

* processing of payments by way of telegraphic transfer, EFTPOS, internet banking or other means

* issuing bank drafts and bank cheques

* accepting money on term deposit

* lending money by way of overdraft, installment loan or otherwise

* providing documentary and standby letters of credit (trade finance), guarantees, performance bonds, securities underwriting commitments and other forms of off-balance sheet exposures

* safekeeping of documents and other items in safe deposit boxes

* currency exchange

* acting as a 'financial supermarket' for the sale, distribution or brokerage, with or without advice, of insurance, unit trusts and similar financial products

[edit] Economic functions

The economic functions of banks include:

1. issue of money, in the form of banknotes and current accounts subject to cheque or payment at the customer's order. These claims on banks can act as money because they are negotiable and/or repayable on demand, and hence valued at par. They are effectively transferable by mere delivery, in the case of banknotes, or by drawing a cheque that the payee may bank or cash.

2. netting and settlement of payments – banks act as both collection and paying agents for customers, participating in interbank clearing and settlement systems to collect, present, be presented with, and pay payment instruments. This enables banks to economise on reserves held for settlement of payments, since inward and outward payments offset each other. It also enables the offsetting of payment flows between geographical areas, reducing the cost of settlement between them.

3. credit intermediation – banks borrow and lend back-to-back on their own account as middle men.

4. credit quality improvement – banks lend money to ordinary commercial and personal borrowers (ordinary credit quality), but are high quality borrowers. The improvement comes from diversification of the bank's assets and capital which provides a buffer to absorb losses without defaulting on its obligations. However, banknotes and deposits are generally unsecured; if the bank gets into difficulty and pledges assets as security, to raise the funding it needs to continue to operate, this puts the note holders and depositors in an economically subordinated position.

5. maturity transformation – banks borrow more on demand debt and short term debt, but provide more long term loans. In other words, they borrow short and lend long. With a stronger credit quality than most other borrowers, banks can do this by aggregating issues (e.g. accepting deposits and issuing banknotes) and redemptions (e.g. withdrawals and redemptions of banknotes), maintaining reserves of cash, investing in marketable securities that can be readily converted to cash if needed, and raising replacement funding as needed from various sources (e.g. wholesale cash markets and securities markets).

[edit] Law of banking

Banking law is based on a contractual analysis of the relationship between the bank (defined above) and the customer—defined as any entity for which the bank agrees to conduct an account.

The law implies rights and obligations into this relationship as follows:

1. The bank account balance is the financial position between the bank and the customer: when the account is in credit, the bank owes the balance to the customer; when the account is overdrawn, the customer owes the balance to the bank.

2. The bank agrees to pay the customer's cheques up to the amount standing to the credit of the customer's account, plus any agreed overdraft limit.

3. The bank may not pay from the customer's account without a mandate from the customer, e.g. a cheque drawn by the customer.

4. The bank agrees to promptly collect the cheques deposited to the customer's account as the customer's agent, and to credit the proceeds to the customer's account.

5. The bank has a right to combine the customer's accounts, since each account is just an aspect of the same credit relationship.

6. The bank has a lien on cheques deposited to the customer's account, to the extent that the customer is indebted to the bank.

7. The bank must not disclose details of transactions through the customer's account—unless the customer consents, there is a public duty to disclose, the bank's interests require it, or the law demands it.

8. The bank must not close a customer's account without reasonable notice, since cheques are outstanding in the ordinary course of business for several days.

These implied contractual terms may be modified by express agreement between the customer and the bank. The statutes and regulations in force within a particular jurisdiction may also modify the above terms and/or create new rights, obligations or limitations relevant to the bank-customer relationship.

Some types of financial institution, such as building societies and credit unions, may be partly or wholly exempt from bank licence requirements, and therefore regulated under separate rules.

The requirements for the issue of a bank licence vary between jurisdictions but typically include:

1. Minimum capital

2. Minimum capital ratio

3. 'Fit and Proper' requirements for the bank's controllers, owners, directors, and/or senior officers

4. Approval of the bank's business plan as being sufficiently prudent and plausible.

[edit] Banking channels

Banks offer many different channels to access their banking and other services:

* A branch, banking centre or financial centre is a retail location where a bank or financial institution offers a wide array of face-to-face service to its customers.

* ATM is a computerised telecommunications device that provides a financial institution's customers a method of financial transactions in a public space without the need for a human clerk or bank teller. Most banks now have more ATMs than branches, and ATMs are providing a wider range of services to a wider range of users. For example in Hong Kong, most ATMs enable anyone to deposit cash to any customer of the bank's account by feeding in the notes and entering the account number to be credited. Also, most ATMs enable card holders from other banks to get their account balance and withdraw cash, even if the card is issued by a foreign bank.

* Mail is part of the postal system which itself is a system wherein written documents typically enclosed in envelopes, and also small packages containing other matter, are delivered to destinations around the world. This can be used to deposit cheques and to send orders to the bank to pay money to third parties. Banks also normally use mail to deliver periodic account statements to customers.

* Telephone banking is a service provided by a financial institution which allows its customers to perform transactions over the telephone. This normally includes bill payments for bills from major billers (e.g. for electricity).

* Online banking is a term used for performing transactions, payments etc. over the Internet through a bank, credit union or building society's secure website.

* Mobile banking is a method of using one's mobile phone to conduct simple banking transactions by remotely linking into a banking network.

* Video banking is a term used for performing banking transactions or professional banking consultations via a remote video and audio connection. Video banking can be performed via purpose built banking transaction machines (similar to an Automated teller machine), or via a videoconference enabled bank branch.

[edit] Types of banks

Banks' activities can be divided into retail banking, dealing directly with individuals and small businesses; business banking, providing services to mid-market business; corporate banking, directed at large business entities; private banking, providing wealth management services to high net worth individuals and families; and investment banking, relating to activities on the financial markets. Most banks are profit-making, private enterprises. However, some are owned by government, or are non-profit organizations.

Central banks are normally government-owned and charged with quasi-regulatory responsibilities, such as supervising commercial banks, or controlling the cash interest rate. They generally provide liquidity to the banking system and act as the lender of last resort in event of a crisis.

[edit] Types of retail banks

National Bank of the Republic, Salt Lake City 1908

ATM AL RAJHI BANK

National Copper Bank, Salt Lake City 1911

* Commercial bank: the term used for a normal bank to distinguish it from an investment bank. After the Great Depression, the U.S. Congress required that banks only engage in banking activities, whereas investment banks were limited to capital market activities. Since the two no longer have to be under separate ownership, some use the term "commercial bank" to refer to a bank or a division of a bank that mostly deals with deposits and loans from corporations or large businesses.

* Community Banks: locally operated financial institutions that empower employees to make local decisions to serve their customers and the partners.

* Community development banks: regulated banks that provide financial services and credit to under-served markets or populations.

* Postal savings banks: savings banks associated with national postal systems.

* Private banks: banks that manage the assets of high net worth individuals.

* Offshore banks: banks located in jurisdictions with low taxation and regulation. Many offshore banks are essentially private banks.

* Savings bank: in Europe, savings banks take their roots in the 19th or sometimes even 18th century. Their original objective was to provide easily accessible savings products to all strata of the population. In some countries, savings banks were created on public initiative; in others, socially committed individuals created foundations to put in place the necessary infrastructure. Nowadays, European savings banks have kept their focus on retail banking: payments, savings products, credits and insurances for individuals or small and medium-sized enterprises. Apart from this retail focus, they also differ from commercial banks by their broadly decentralised distribution network, providing local and regional outreach—and by their socially responsible approach to business and society.

* Building societies and Landesbanks: institutions that conduct retail banking.

* Ethical banks: banks that prioritize the transparency of all operations and make only what they consider to be socially-responsible investments.

* Islamic banks: Banks that transact according to Islamic principles.

[edit] Types of investment banks

* Investment banks "underwrite" (guarantee the sale of) stock and bond issues, trade for their own accounts, make markets, and advise corporations on capital market activities such as mergers and acquisitions.

* Merchant banks were traditionally banks which engaged in trade finance. The modern definition, however, refers to banks which provide capital to firms in the form of shares rather than loans. Unlike venture capital firms, they tend not to invest in new companies.

[edit] Both combined

* Universal banks, more commonly known as financial services companies, engage in several of these activities. These big banks are very diversified groups that, among other services, also distribute insurance— hence the term bancassurance, a portmanteau word combining "banque or bank" and "assurance", signifying that both banking and insurance are provided by the same corporate entity.

[edit] Other types of banks

* Islamic banks adhere to the concepts of Islamic law. This form of banking revolves around several well-established principles based on Islamic canons. All banking activities must avoid interest, a concept that is forbidden in Islam. Instead, the bank earns profit (markup) and fees on the financing facilities that it extends to customers.

[edit] Banks in the economy

[edit] Size of global banking industry

Assets of the largest 1,000 banks in the world grew by 6.8% in the 2008/2009 financial year to a record $96.4 trillion while profits declined by 85% to $115bn. Growth in assets in adverse market conditions was largely a result of recapitalisation. EU banks held the largest share of the total, 56% in 2008/2009, down from 61% in the previous year. Asian banks' share increased from 12% to 14% during the year, while the share of US banks increased from 11% to 13%. Fee revenue generated by global investment banking totalled $66.3bn in 2009, up 12% on the previous year. [9]

The United States has the most banks in the world in terms of institutions (7,085 at the end of 2008) and possibly branches (82,000).[citation needed] This is an indicator of the geography and regulatory structure of the USA, resulting in a large number of small to medium-sized institutions in its banking system. As of Nov 2009, China's top 4 banks have in excess of 67,000 branches (ICBC:18000+, BOC:12000+,CCB:13000+,ABC:24000+) with an additional 140 smaller banks with an undetermined number of branches. Japan had 129 banks and 12,000 branches. In 2004, Germany, France, and Italy each had more than 30,000 branches—more than double the 15,000 branches in the UK.[9]

[edit] Bank crisis

Banks are susceptible to many forms of risk which have triggered occasional systemic crises. These include liquidity risk (where many depositors may request withdrawals beyond available funds), credit risk (the chance that those who owe money to the bank will not repay it), and interest rate risk (the possibility that the bank will become unprofitable, if rising interest rates force it to pay relatively more on its deposits than it receives on its loans).

Banking crises have developed many times throughout history, when one or more risks have materialized for a banking sector as a whole. Prominent examples include the bank run that occurred during the Great Depression, the U.S. Savings and Loan crisis in the 1980s and early 1990s, the Japanese banking crisis during the 1990s, and the subprime mortgage crisis in the 2000s. Usually, the governments bail out the bank through rescue plan or individual public intervention.[10]

[edit] Challenges within the banking industry

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[edit] United States

In the United States, the banking industry is a highly regulated industry with detailed and focused regulators. All banks with FDIC-insured deposits have the FDIC as a regulator; however, for examinations,[clarification needed] the Federal Reserve is the primary federal regulator for Fed-member state banks; the Office of the Comptroller of the Currency (“OCC”) is the primary federal regulator for national banks; and the Office of Thrift Supervision, or OTS, is the primary federal regulator for thrifts. State non-member banks are examined by the state agencies as well as the FDIC. National banks have one primary regulator—the OCC.

Each regulatory agency has their own set of rules and regulations to which banks and thrifts must adhere.

The Federal Financial Institutions Examination Council (FFIEC) was established in 1979 as a formal interagency body empowered to prescribe uniform principles, standards, and report forms for the federal examination of financial institutions. Although the FFIEC has resulted in a greater degree of regulatory consistency between the agencies, the rules and regulations are constantly changing.

In addition to changing regulations, changes in the industry have led to consolidations within the Federal Reserve, FDIC, OTS and OCC. Offices have been closed, supervisory regions have been merged, staff levels have been reduced and budgets have been cut. The remaining regulators face an increased burden with increased workload and more banks per regulator. While banks struggle to keep up with the changes in the regulatory environment, regulators struggle to manage their workload and effectively regulate their banks. The impact of these changes is that banks are receiving less hands-on assessment by the regulators, less time spent with each institution, and the potential for more problems slipping through the cracks, potentially resulting in an overall increase in bank failures across the United States.

The changing economic environment has a significant impact on banks and thrifts as they struggle to effectively manage their interest rate spread in the face of low rates on loans, rate competition for deposits and the general market changes, industry trends and economic fluctuations. It has been a challenge for banks to effectively set their growth strategies with the recent economic market. A rising interest rate environment may seem to help financial institutions, but the effect of the changes on consumers and businesses is not predictable and the challenge remains for banks to grow and effectively manage the spread to generate a return to their shareholders.

The management of the banks’ asset portfolios also remains a challenge in today’s economic environment. Loans are a bank’s primary asset category and when loan quality becomes suspect, the foundation of a bank is shaken to the core. While always an issue for banks, declining asset quality has become a big problem for financial institutions. There are several reasons for this, one of which is the lax attitude some banks have adopted because of the years of “good times.” The potential for this is exacerbated by the reduction in the regulatory oversight of banks and in some cases depth of management. Problems are more likely to go undetected, resulting in a significant impact on the bank when they are recognized. In addition, banks, like any business, struggle to cut costs and have consequently eliminated certain expenses, such as adequate employee training programs.

Banks also face a host of other challenges such as aging ownership groups. Across the country, many banks’ management teams and board of directors are aging. Banks also face ongoing pressure by shareholders, both public and private, to achieve earnings and growth projections. Regulators place added pressure on banks to manage the various categories of risk. Banking is also an extremely competitive industry. Competing in the financial services industry has become tougher with the entrance of such players as insurance agencies, credit unions, check cashing services, credit card companies, etc.

As a reaction, banks have developed their activities in financial instruments, through financial market operations such as brokerage and trading and become big players in such activities.

[edit] Brokered deposits

One source of deposits for banks is brokers who deposit large sums of money on the behalf of investors. This money will generally go to the banks which offer the most favorable terms, often better than those offered local depositors. It is possible for a bank to be engaged in business with no local deposits at all, all funds being brokered deposits. Accepting a significant quantity of such deposits, or "hot money" as it is sometimes called, puts a bank in a difficult and sometimes risky position, as the funds must be lend or invested in a way that yields a return sufficient to pay the high interest being paid on the brokered deposits. This may result in risky decisions and even in eventual failure of the bank. Banks which failed during 2008 and 2009 in the United States during the global financial crisis had, on average, four times more brokered deposits as a percent of their deposits than the average bank. Such deposits, combined with risky real estate investments, factored into the Savings and loan crisis of the 1980s. Regulation of brokered deposits is opposed by banks on the grounds that the practice can be a source of external funding to growing communities with insufficient local deposits.[11]

[edit] Profitability

A bank generates a profit from the differential between the level of interest it pays for deposits and other sources of funds, and the level of interest it charges in its lending activities. This difference is referred to as the spread between the cost of funds and the loan interest rate. Historically, profitability from lending activities has been cyclical and dependent on the needs and strengths of loan customers. In recent history, investors have demanded a more stable revenue stream and banks have therefore placed more emphasis on transaction fees, primarily loan fees but also including service charges on an array of deposit activities and ancillary services (international banking, foreign exchange, insurance, investments, wire transfers, etc.). Lending activities, however, still provide the bulk of a commercial bank's income.

In the past 20 years American banks have taken many measures to ensure that they remain profitable while responding to increasingly changing market conditions. First, this includes the Gramm-Leach-Bliley Act, which allows banks again to merge with investment and insurance houses. Merging banking, investment, and insurance functions allows traditional banks to respond to increasing consumer demands for "one-stop shopping" by enabling cross-selling of products (which, the banks hope, will also increase profitability). Second, they have expanded the use of risk-based pricing from business lending to consumer lending, which means charging higher interest rates to those customers that are considered to be a higher credit risk and thus increased chance of default on loans. This helps to offset the losses from bad loans, lowers the price of loans to those who have better credit histories, and offers credit products to high risk customers who would otherwise been denied credit. Third, they have sought to increase the methods of payment processing available to the general public and business clients. These products include debit cards, prepaid cards, smart cards, and credit cards. They make it easier for consumers to conveniently make transactions and smooth their consumption over time (in some countries with underdeveloped financial systems, it is still common to deal strictly in cash, including carrying suitcases filled with cash to purchase a home). However, with convenience of easy credit, there is also increased risk that consumers will mismanage their financial resources and accumulate excessive debt. Banks make money from card products through interest payments and fees charged to consumers and transaction fees to companies that accept the cards. Helps in making profit and economic development as a whole.



Wednesday, January 20, 2010

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Free software, software libre or libre software is software that can be used, studied, and modified without restriction, and which can be copied and redistributed in modified or unmodified form either without restriction, or with minimal restrictions only to ensure that further recipients can also do these things and that manufacturers of consumer-facing hardware allow user modifications to their hardware. Free software is generally available without charge.

In practice, for software to be distributed as free software, the human-readable form of the program (the source code) must be made available to the recipient along with a notice granting the above permissions. Such a notice either is a "free software license", or a notice that the source code is released into the public domain.

The free software movement was conceived in 1983 by Richard Stallman to satisfy the need for and to give the benefit of "software freedom" to computer users.[1] Stallman founded the Free Software Foundation in 1985 to provide the organizational structure to advance his Free Software ideas.

From 1998 onward, alternative terms for free software came into use. The most common are "software libre", "free and open source software" ("FOSS") and "free, libre and open source software" ("FLOSS"). The "Software Freedom Law Center" was founded in 2005 to protect and advance FLOSS.[2] The antonym of free software is "proprietary software" or "non-free software". Commercial software may be either free software or proprietary software, contrary to a popular misconception that "commercial software" is a synonym for "proprietary software". (An example of commercial free software is Red Hat Linux.)

Free software, which may or may not be distributed free of charge, is distinct from "freeware" which, by definition, does not require payment for use. The authors or copyright holders of freeware may retain all rights to the software; it is not necessarily permissible to reverse engineer, modify, or redistribute freeware.[3][4]

Since free software may be freely redistributed it is generally available at little or no cost. Free software business models are usually based on adding value such as applications, support, training, customization, integration, or certification. At the same time, some business models which work with proprietary software are not compatible with free software, such as those that depend on a user paying for a license in order to lawfully use a software product.

Contents

[hide]

[edit] History

In the 1950s, 1960s, and 1970s, it was normal for computer users to have the freedoms that are provided by free software. Software was commonly shared by individuals who used computers and by hardware manufacturers who were glad that people were making software that made their hardware useful. Organizations of users and suppliers were formed to facilitate the exchange of software; see, for example, SHARE. By the late 1960s change was inevitable: software costs were dramatically increasing, a growing software industry was competing with the hardware manufacturer's bundled software products (free in that the cost was included in the hardware cost), leased machines required software support while providing no revenue for software, and some customers able to better meet their own needs did not want the costs of "free" software bundled with hardware product costs. In United States vs. IBM, filed January 17, 1969, the government charged that bundled software was anticompetitive.[5] While some software might always be free, there would be a growing amount of software that was for sale only. In the 1970s and early 1980s, the software industry began using technical measures (such as only distributing binary copies of computer programs) to prevent computer users from being able to study and modify software. In 1980 copyright law was extended to computer programs.

In 1983, Richard Stallman, longtime member of the hacker community at the MIT Artificial Intelligence Laboratory, announced the GNU project, saying that he had become frustrated with the effects of the change in culture of the computer industry and its users. Software development for the GNU operating system began in January 1984, and the Free Software Foundation (FSF) was founded in October 1985. He developed a free software definition and the concept of "copyleft", designed to ensure software freedom for all.

The economic viability of free software has been recognised by large corporations such as IBM, Red Hat, and Sun Microsystems.[6][7][8][9][10] Many companies whose core business is not in the IT sector choose free software for their Internet information and sales sites, due to the lower initial capital investment and ability to freely customize the application packages. Also, some non-software industries are beginning to use techniques similar to those used in free software development for their research and development process; scientists, for example, are looking towards more open development processes, and hardware such as microchips are beginning to be developed with specifications released under copyleft licenses (see the OpenCores project, for instance). Creative Commons and the free culture movement have also been largely influenced by the free software movement.

[edit] Naming

The FSF recommends using the term "free software" rather than "open source software" because, they state in a paper on Free Software philosophy, the latter term and the associated marketing campaign focuses on the technical issues of software development, avoiding the issue of user freedoms.[11] "Libre" is used to avoid the ambiguity of the word "free" in English language.

[edit] Definition

The first formal definition of free software was published by FSF in February 1986.[12] That definition, written by Richard Stallman, is still maintained today and states that software is free software if people who receive a copy of the software have the following four freedoms[13]:

  • Freedom 0: The freedom to run the program for any purpose.
  • Freedom 1: The freedom to study how the program works, and change it to make it do what you wish.
  • Freedom 2: The freedom to redistribute copies so you can help your neighbor.
  • Freedom 3: The freedom to improve the program, and release your improvements (and modified versions in general) to the public, so that the whole community benefits.

Freedoms 1 and 3 require source code to be available because studying and modifying software without its source code is highly impractical.

Thus, free software means that computer users have the freedom to cooperate with whom they choose, and to control the software they use. To summarize this into a remark distinguishing libre (freedom) software from gratis (zero price) software, Richard Stallman said: "Free software is a matter of liberty, not price. To understand the concept, you should think of 'free' as in 'free speech', not as in 'free beer'".[14]

In the late 90s, other groups published their own definitions which describe an almost identical set of software. The most notable are Debian Free Software Guidelines published in 1997,[15] and the Open Source Definition, published in 1998.

The BSD-based operating systems, such as FreeBSD, OpenBSD, and NetBSD, do not have their own formal definitions of free software. Users of these systems generally find the same set of software to be acceptable, but sometimes see copyleft as restrictive. They generally advocate permissive free software licenses, which allow others to make software based on their source code, and then release the modified result as proprietary software. Their view is that this permissive approach is more free. The Kerberos, X.org, and Apache software licenses are substantially similar in intent and implementation. All of these software packages originated in academic institutions interested in wide technology transfer (University of California, MIT, and UIUC).

[edit] Examples of free software

The Free Software Directory maintains a large database of free software packages. Some of the best-known examples include the Linux Kernel, the BSD and GNU/Linux operating systems, the GNU Compiler Collection and C library; the MySQL relational database; the Apache web server; and the Sendmail mail transport agent. Other influential examples include the emacs text editor; the GIMP raster drawing and image editor; the X Window System graphical-display system; the OpenOffice.org office suite; and the TeX and LaTeX typesetting systems.

[edit] Free software licenses

All free software licenses must grant people all the freedoms discussed above. However, unless the applications' licenses are compatible, combining programs by mixing source code or directly linking binaries is problematic, because of license technicalities. Programs indirectly connected together may avoid this problem.

The majority of free software uses a small set of licenses. The most popular of these licenses are:

The Free Software Foundation and the Open Source Initiative both publish lists of licenses that they find to comply with their own definitions of free software and open-source software respectively.

The FSF list is not prescriptive: free licensees can exist which the FSF has not heard about, or considered important enough to write about. So it's possible for a license to be free and not in the FSF list. The OSI list only lists licenses that have been submitted, considered and approved. All Open Source licences must meet the Open Source Definition.

Apart from these two organizations, the Debian project is seen by some to provide useful advice on whether particular licenses comply with their Debian Free Software Guidelines. Debian doesn't publish a list of approved licenses, so its judgments have to be tracked by checking what software they have allowed into their software archives. That is summarized at the Debian web site.[16]

It is rare that a license announced as being in-compliance with the FSF guidelines does not also meet the Open Source Definition, although the reverse is not necessarily true (for example, the Netscape Public License used for early versions of Mozilla and NASA Open Source Agreement are both OSI-approved licenses, but non-free according to FSF)

[edit] Permissive and copyleft licenses

The FSF categorizes licenses in the following ways:

  • Public domain software – the copyright has expired, the work was not copyrighted or the author has released the software onto the public domain. Since public-domain software lacks copyright protection, it may be freely incorporated into any work, whether proprietary or free.
  • Permissive licenses, also called BSD-style because they are applied to much of the software distributed with the BSD operating systems. The author retains copyright solely to disclaim warranty and require proper attribution of modified works, and permits redistribution and any modification, even proprietary ones.
  • Copyleft licenses, the GNU General Public License being the most prominent. The author retains copyright and permits redistribution and modification provided all such redistribution is licensed under the same license. Additions and modifications by others must also be licensed under the same "copyleft" license whenever they are distributed with part of the original licensed product.

[edit] Security and reliability

There is debate over the security of free software in comparison to proprietary software, with a major issue being security through obscurity. A popular quantitative test in computer security is to use relative counting of known unpatched security flaws. Generally, users of this method advise avoiding products which lack fixes for known security flaws, at least until a fix is available.

Free software advocates say that this method is biased by counting more vulnerabilities for the free software, since its source code is accessible and its community is more forthcoming about what problems exist,[17](This is called "Security Through Public Disclosure" by some) and proprietary software can have undisclosed flaws discoverable by or known to malicious users. As users can analyse and trace the source code, many more people with no commercial constraints can inspect the code and find bugs and loopholes than a corporation would find practicable. User access to the source code makes deploying free software with undesirable hidden spyware functionality far more difficult than for proprietary software.[18]

[edit] Commercial viability and adoption

Free software played a part in the development of the Internet, the World Wide Web and the infrastructure of dot-com companies.[19][20] Free software allows users to cooperate in enhancing and refining the programs they use; free software is a pure public good rather than a private good. Companies that contribute to free software can increase commercial innovation amidst the void of patent cross licensing lawsuits. (See mpeg2 patent holders.)

Under the free software business model, free software vendors may charge a fee for distribution and offer pay support and software customization services. Proprietary software uses a different business model, where a customer of the proprietary software pays a fee for a license to use the software. This license may grant the customer the ability to configure some or no parts of the software themselves. Often some level of support is included in the purchase of proprietary software, but additional support services (especially for enterprise applications) are usually available for an additional fee. Some proprietary software vendors will also customize software for a fee.[21]

Free software is generally available at no cost and can result in permanently lower costs compared to proprietary software. With free software, businesses can fit software to their specific needs by changing the software themselves or by hiring programmers to modify it for them. Free software often has no warranty, and more importantly, generally does not assign legal liability to anyone. However, warranties are permitted between any two parties upon the condition of the software and its usage. Such an agreement is made separately from the free software license.

A report by Standish Group says that adoption of open source has caused a drop in revenue to the proprietary software industry by about $60 billion per year.[22]

[edit] Controversies

[edit] Binary blobs

In 2006, OpenBSD started the first campaign against the use of binary blobs, in kernels. Blobs are usually freely distributable device drivers for hardware from vendors that do not reveal driver source code to users or developers. This restricts the users' freedom to effectively modify the software and distribute modified versions. Also, since the blobs are undocumented and may have bugs, they pose a security risk to any operating system whose kernel includes them. The proclaimed aim of the campaign against blobs is to collect hardware documentation that allows developers to write free software drivers for that hardware, ultimately enabling all free operating systems to become or remain blob-free.

The issue of binary blobs in the Linux kernel and other device drivers motivated some developers in Ireland to launch gNewSense, a GNU/Linux distribution with all the binary blobs removed. The project received support from the Free Software Foundation.[23]

[edit] BitKeeper

Larry McVoy invited high-profile free software projects to use his proprietary versioning system, BitKeeper, free of charge, in order to attract paying users. In 2002, Linux coordinator Linus Torvalds decided to use BitKeeper to develop the Linux kernel, a free software project, claiming no free software alternative met his needs. This controversial decision drew criticism from several sources, including the Free Software Foundation's founder Richard Stallman.[24]

Following the apparent reverse engineering of BitKeeper's protocols, McVoy withdrew permission for gratis use by free software projects, leading the Linux kernel community to develop a free software replacement called Git.

[edit] Patent deals

In November 2006, the Microsoft and Novell software corporations announced a controversial partnership involving, among other things, patent protection for some customers of Novell under certain conditions.[25]

[edit] See also

[edit] References

  1. ^ "GNU project Initial Announcement". http://www.gnu.org/gnu/initial-announcement.html.
  2. ^ "Software Freedom Law Center". http://www.softwarefreedom.org.
  3. ^ Dixon, Rod (2004). Open Source Software Law. Artech House. p. 4. ISBN 9781580537193. http://books.google.com/books?id=9b_vVPf53xcC&pg=PA4&dq=%22free+software%22+freeware#PPA4,M1. Retrieved 2009-03-16. "On the other hand, freeware does not require any payment from the licensee or end-user, but it is not precisely free software, despite the fact that to an end-user the software is acquired in what appears to be an identical manner. Freeware is provided to end-users at no cost, but free software provides more benefits than simply delivering a no-cost product--indeed, for the end-user, there may be circumstances where the monetary cost of acquiring free software exceeds the cost of freeware."
  4. ^ Graham, Lawrence D. (1999). Legal battles that shaped the computer industry. Greenwood Publishing Group. p. 175. ISBN 9781567201789. http://books.google.com/books?id=c6IS3RnN6qAC&pg=PA175&dq=%22Legal+battles+that+shaped+the+computer+industry%22+%22from+the+beginning+of+the+computer+age%22. Retrieved 2009-03-16. "Freeware, however, is generally only free in terms of price; the author typically retains all other rights, including the rights to copy, distribute, and make derivative works from the software."
  5. ^ Fisher, Franklin M.; McKie, James W.; Mancke, Richard B. (1983). IBM and the U.S. Data Processing Industry: An Economic History. Praeger. ISBN 0-03-063059-2.
  6. ^ "IBM launches biggest Linux lineup ever". IBM. 1999-03-02. Archived from the original on 1999-11-10. http://web.archive.org/web/19991110114228/http://www.ibm.com/news/1999/03/02.phtml.
  7. ^ Farrah Hamid (2006-05-24). "IBM invests in Brazil Linux Tech Center". LWN.net. http://lwn.net/Articles/185602/.
  8. ^ "Interview: The Eclipse code donation". IBM. 2001-11-01. http://www.ibm.com/developerworks/linux/library/l-erick.html.
  9. ^ "Sun begins releasing Java under the GPL". Free Software Foundation. November 15, 2006. http://www.fsf.org/news/fsf-welcomes-gpl-java.html. Retrieved 2007-09-23. "FSF president and founder Richard Stallman said, 'I think Sun has contributed more than any other company to the free software community in the form of software. It shows leadership. It's an example I hope others will follow.'"
  10. ^ Rishab Aiyer Ghosh (November 20 2006). "Study on the: Economic impact of open source software on innovation and the competitiveness of the Information and Communication Technologies (ICT) sector in the EU" (PDF). European Union. pp. 51. http://ec.europa.eu/enterprise/sectors/ict/files/2006-11-20-flossimpact_en.pdf. Retrieved 2007-01-25.
  11. ^ "Why "Open Source" misses the point of Free Software". http://www.gnu.org/philosophy/open-source-misses-the-point.html. "The philosophy of open source, with its purely practical values, impedes understanding of the deeper ideas of free software; it brings many people into our community, but does not teach them to defend it."
  12. ^ "GNU's Bulletin, Volume 1 Number 1, page 8". http://www.gnu.org/bulletins/bull1.txt.
  13. ^ FSF: The four freedoms
  14. ^ Free Software Foundation. "The Free Software Definition". http://www.gnu.org/philosophy/free-sw.html. Retrieved 2007-04-22.
  15. ^ Bruce Perens. "Debian's "Social Contract" with the Free Software Community". debian-announce mailing list. http://lists.debian.org/debian-announce/debian-announce-1997/msg00017.html.
  16. ^ "Debian -- License information". http://www.debian.org/legal/licenses/. Retrieved 2008-01-08.
  17. ^ "Firefox more secure than MSIE after all". News.com. http://news.com.com/8301-10784_3-6047727-7.html.
  18. ^ "Transcript where Stallman explains about spyware". http://fsfeurope.org/documents/rms-fs-2006-03-09.en.html#freedom-one.
  19. ^ Netcraft. "Web Server Usage Survey". http://news.netcraft.com/archives/web_server_survey.html.
  20. ^ The Apache Software Foundation. "Apache Strategy in the New Economy". http://www.unc.edu/~mohrmana/apache.pdf.
  21. ^ Andy Dornan. "The Five Open Source Business Models". http://www.informationweek.com/blog/main/archives/2008/01/the_five_open_s.html.
  22. ^ http://standishgroup.com/newsroom/open_source.php
  23. ^ GNU/Linux distributions we know of which consist entirely of free software, and whose main distribution sites distribute only free software.
  24. ^ "Richard Stallman thanking Larry McVoy for ending the gratis licenses for BitKeeper". NewsForge. http://software.newsforge.com/article.pl?sid=05/04/25/130207.
  25. ^ "Ars Technica article on the Microsoft-Novell patent deal". http://arstechnica.com/articles/columns/linux/linux-20070128.ars.

[edit] External links