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Defending the Free Linux World
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================================================================================
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![](http://www.linuxinsider.com/ai/908455/open-invention-network.jpg)
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**Co-opetition is a part of open source. The Open Invention Network model allows companies to decide where they will compete and where they will collaborate, explained OIN CEO Keith Bergelt. As open source evolved, "we had to create channels for collaboration. Otherwise, we would have hundreds of entities spending billions of dollars on the same technology."**
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The [Open Invention Network][1], or OIN, is waging a global campaign to keep Linux out of harm's way in patent litigation. Its efforts have resulted in more than 1,000 companies joining forces to become the largest defense patent management organization in history.
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The Open Invention Network was created in 2005 as a white hat organization to protect Linux from license assaults. It has considerable financial backing from original board members that include Google, IBM, NEC, Novell, Philips, [Red Hat][2] and Sony. Organizations worldwide have joined the OIN community by signing the free OIN license.
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Organizers founded the Open Invention Network as a bold endeavor to leverage intellectual property to protect Linux. Its business model was difficult to comprehend. It asked its members to take a royalty-free license and forever forgo the chance to sue other members over their Linux-oriented intellectual property.
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However, the surge in Linux adoptions since then -- think server and cloud platforms -- has made protecting Linux intellectual property a critically necessary strategy.
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Over the past year or so, there has been a shift in the Linux landscape. OIN is doing a lot less talking to people about what the organization is and a lot less explaining why Linux needs protection. There is now a global awareness of the centrality of Linux, according to Keith Bergelt, CEO of OIN.
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"We have seen a culture shift to recognizing how OIN benefits collaboration," he told LinuxInsider.
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### How It Works ###
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The Open Invention Network uses patents to create a collaborative environment. This approach helps ensure the continuation of innovation that has benefited software vendors, customers, emerging markets and investors.
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Patents owned by Open Invention Network are available royalty-free to any company, institution or individual. All that is required to qualify is the signer's agreement not to assert its patents against the Linux system.
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OIN ensures the openness of the Linux source code. This allows programmers, equipment vendors, independent software vendors and institutions to invest in and use Linux without excessive worry about intellectual property issues. This makes it more economical for companies to repackage, embed and use Linux.
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"With the diffusion of copyright licenses, the need for OIN licenses becomes more acute. People are now looking for a simpler or more utilitarian solution," said Bergelt.
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OIN legal defenses are free of charge to members. Members commit to not initiating patent litigation against the software in OIN's list. They also agree to offer their own patents in defense of that software. Ultimately, these commitments result in access to hundreds of thousands of patents cross-licensed by the network, Bergelt explained.
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### Closing the Legal Loopholes ###
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"What OIN is doing is very essential. It offers another layer of IP protection, said Greg R. Vetter, associate professor of law at the [University of Houston Law Center][3].
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Version 2 of the GPL license is thought by some to provide an implied patent license, but lawyers always feel better with an explicit license, he told LinuxInsider.
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What OIN provides is something that bridges that gap. It also provides explicit coverage of the Linux kernel. An explicit patent license is not necessarily part of the GPLv2, but it was added in GPLv3, according to Vetter.
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Take the case of a code writer who produces 10,000 lines of code under GPLv3, for example. Over time, other code writers contribute many more lines of code, which adds to the IP. The software patent license provisions in GPLv3 would protect the use of the entire code base under all of the participating contributors' patents, Vetter said.
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### Not Quite the Same ###
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Patents and licenses are overlapping legal constructs. Figuring out how the two entities work with open source software can be like traversing a minefield.
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"Licenses are legal constructs granting additional rights based on, typically, patent and copyright laws. Licenses are thought to give a permission to do something that might otherwise be infringement of someone else's IP rights," Vetter said.
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Many free and open source licenses (such as the Mozilla Public License, the GNU GPLv3, and the Apache Software License) incorporate some form of reciprocal patent rights clearance. Older licenses like BSD and MIT do not mention patents, Vetter pointed out.
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A software license gives someone else certain rights to use the code the programmer created. Copyright to establish ownership is automatic, as soon as someone writes or draws something original. However, copyright covers only that particular expression and derivative works. It does not cover code functionality or ideas for use.
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Patents cover functionality. Patent rights also can be licensed. A copyright may not protect how someone independently developed implementation of another's code, but a patent fills this niche, Vetter explained.
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### Looking for Safe Passage ###
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The mixing of license and patent legalities can appear threatening to open source developers. For some, even the GPL qualifies as threatening, according to William Hurley, cofounder of [Chaotic Moon Studios][4] and [IEEE][5] Computer Society member.
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"Way back in the day, open source was a different world. Driven by mutual respect and a view of code as art, not property, things were far more open than they are today. I believe that many efforts set upon with the best of intentions almost always end up bearing unintended consequences," Hurley told LinuxInsider.
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Surpassing the 1,000-member mark might carry a mixed message about the significance of intellectual property right protection, he suggested. It might just continue to muddy the already murky waters of today's open source ecosystem.
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"At the end of the day, this shows some of the common misconceptions around intellectual property. Having thousands of developers does not decrease risk -- it increases it. The more developers licensing the patents, the more valuable they appear to be," Hurley said. "The more valuable they appear to be, the more likely someone with similar patents or other intellectual property will try to take advantage and extract value for their own financial gain."
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### Sharing While Competing ###
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Co-opetition is a part of open source. The OIN model allows companies to decide where they will compete and where they will collaborate, explained Bergelt.
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"Many of the changes in the evolution of open source in terms of process have moved us into a different direction. We had to create channels for collaboration. Otherwise, we would have hundreds of entities spending billions of dollars on the same technology," he said.
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A glaring example of this is the early evolution of the cellphone industry. Multiple standards were put forward by multiple companies. There was no sharing and no collaboration, noted Bergelt.
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"That damaged our ability to access technology by seven to 10 years in the U.S. Our experience with devices was far behind what everybody else in the world had. We were complacent with GSM (Global System for Mobile Communications) while we were waiting for CDMA (Code Division Multiple Access)," he said.
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### Changing Landscape ###
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OIN experienced a growth surge of 400 new licensees in the last year. That is indicative of a new trend involving open source.
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"The marketplace reached a critical mass where finally people within organizations recognized the need to explicitly collaborate and to compete. The result is doing both at the same time. This can be messy and taxing," Bergelt said.
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However, it is a sustainable transformation driven by a cultural shift in how people think about collaboration and competition. It is also a shift in how people are embracing open source -- and Linux in particular -- as the lead project in the open source community, he explained.
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One indication is that most significant new projects are not being developed under the GPLv3 license.
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### Two Better Than One ###
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"The GPL is incredibly important, but the reality is there are a number of licensing models being used. The relative addressability of patent issues is generally far lower in Eclipse and Apache and Berkeley licenses that it is in GPLv3," said Bergelt.
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GPLv3 is a natural complement for addressing patent issues -- but the GPL is not sufficient on its own to address the issues of potential conflicts around the use of patents. So OIN is designed as a complement to copyright licenses, he added.
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However, the overlap of patent and license may not do much good. In the end, patents are for offensive purposes -- not defensive -- in almost every case, Bergelt suggested.
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"If you are not prepared to take legal action against others, then a patent may not be the best form of legal protection for your intellectual properties," he said. "We now live in a world where the misconceptions around software, both open and proprietary, combined with an ill-conceived and outdated patent system, leave us floundering as an industry and stifling innovation on a daily basis," he said.
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### Court of Last Resort ###
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It would be nice to think the presence of OIN has dampened a flood of litigation, Bergelt said, or at the very least, that OIN's presence is neutralizing specific threats.
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"We are getting people to lay down their arms, so to say. At the same time, we are creating a new cultural norm. Once you buy into patent nonaggression in this model, the correlative effect is to encourage collaboration," he observed.
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If you are committed to collaboration, you tend not to rush to litigation as a first response. Instead, you think in terms of how can we enable you to use what we have and make some money out of it while we use what you have, Bergelt explained.
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"OIN is a multilateral solution. It encourages signers to create bilateral agreements," he said. "That makes litigation the last course of action. That is where it should be."
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### Bottom Line ###
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OIN is working to prevent Linux patent challenges, Bergelt is convinced. There has not been litigation in this space involving Linux.
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The only thing that comes close are the mobile wars with Microsoft, which focus on elements high in the stack. Those legal challenges may be designed to raise the cost of ownership involving the use of Linux products, Bergelt noted.
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Still, "these are not Linux-related law suits," he said. "They do not focus on what is core to Linux. They focus on what is in the Linux system."
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--------------------------------------------------------------------------------
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via: http://www.linuxinsider.com/story/Defending-the-Free-Linux-World-81512.html
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作者:Jack M. Germain
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译者:[译者ID](https://github.com/译者ID)
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校对:[校对者ID](https://github.com/校对者ID)
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本文由 [LCTT](https://github.com/LCTT/TranslateProject) 原创翻译,[Linux中国](http://linux.cn/) 荣誉推出
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[1]:http://www.openinventionnetwork.com/
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[2]:http://www.redhat.com/
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[3]:http://www.law.uh.edu/
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[4]:http://www.chaoticmoon.com/
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[5]:http://www.ieee.org/
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Docker CTO Solomon Hykes to Devs: Have It Your Way
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![](http://www.linuxinsider.com/ai/845971/docker-cloud.jpg)
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**"We made a very conscious effort with Docker to insert the technology into an existing toolbox. We did not want to turn the developer's world upside down on the first day. ... We showed them incremental improvements so that over time the developers discovered more things they could do with Docker. So the developers could transition into the new architecture using the new tools at their own pace."**
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[Docker][1] in the last two years has moved from an obscure Linux project to one of the most popular open source technologies in cloud computing.
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Project developers have witnessed millions of Docker Engine downloads. Hundreds of Docker groups have formed in 40 countries. Many more companies are announcing Docker integration. Even Microsoft will ship Windows 10 with Docker preinstalled.
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![](http://www.linuxinsider.com/article_images/2014/81504_330x260.jpg)
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Solomon Hykes
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Founder and CTO of Docker
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"That caught a lot of people by surprise," Docker founder and CTO Solomon Hykes told LinuxInsider.
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Docker is an open platform for developers and sysadmins to build, ship and run distributed applications. It uses a Docker engine along with a portable, lightweight runtime and packaging tool. It also needs the Docker Hub and a cloud service for sharing applications and automating workflows.
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Docker provides a vehicle for developers to quickly assemble their applications from components. It eliminates the friction between development, quality assurance and production environments. Thus, IT can ship applications faster and run them unchanged on laptops, on data center virtual machines, and in any cloud.
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In this exclusive interview, LinuxInsider discusses with Solomon Hykes why Docker is revitalizing Linux and the cloud.
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**LinuxInsider: You have said that Docker's success is more the result of being in the right place at the right time for a trend that's much bigger than Docker. Why is that important to users?**
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**Solomon Hykes**: There is always an element of being in the right place at the right time. We worked on this concept for a long time. Until recently, the market was not ready for this kind of technology. Then it was, and we were there. Also, we were very deliberate to make the technology flexible and very easy to get started using.
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**LI: Is Docker a new cloud technology or merely a new way to do cloud storage?**
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**Hykes**: Containers in themselves are just an enabler. The really big story is how it changes the software model enormously. Developers are creating new kinds of applications. They are building applications that do not run on only one machine. There is a need for completely new architecture. At the heart of that is independence from the machine.
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The problem for the developer is to create the kind of software that can run independently on any kind of machine. You need to package it up so it can be moved around. You need to cross that line. That is what containers do.
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**LI: How analogous is the software technology to traditional cargo shipping in containers?**
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**Hykes**: That is a very apt example. It is the same thing for shipping containers. The innovation is not in the box. It is in how the automation handles millions of those boxes moving around. That is what is important.
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**LI: How is Docker affecting the way developers build their applications?**
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**Hykes**: The biggest way is it helps them structure their applications for a better distributive system. Another distributive application is Gmail. It does not run on just one application. It is distributive. Developers can package the application as a series of services. That is their style of reasoning when they design. It brings the tooling up to the level of design.
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**LI: What led you to this different architecture approach?**
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**Hykes**: What is interesting about this process is that we did not invent this model. It was there. If you look around, you see this trend where developers are increasingly building distributive applications where the tooling is inadequate. Many people have tried to deal with the existing tooling level. This is a new architecture. When you come up with tools that support this new model, the logical thing to do is tell the developer that the tools are out of date and are inadequate. So throw away the old tools and here are the new tools.
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**LI: How much friction did you encounter from developers not wanting to throw away their old tools?**
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**Hykes**: That approach sounds perfectly reasonable and logical. But in fact it is very hard to get developers to throw away their tools. And for IT departments the same thing is very true. They have legacy performance to support. So most of these attempts to move into next-generation tools have failed. They ask too much of the developers from day one.
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**LI: How did you combat that reaction from developers?**
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**Hykes**: We made a very conscious effort with Docker to insert the technology into an existing toolbox. We did not want to turn the developer's world upside down on the first day. Instead, we showed them incremental improvements so that over time the developers discovered more things they could do with Docker. So the developers could transition into the new architecture using the new tools at their own pace. That makes all the difference in the world.
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**LI: What reaction are you seeing from this strategy?**
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**Hykes**: When I ask people using Docker today how revolutionary it is, some say they are not using it in a revolutionary way. It is just a little improvement in my toolbox. That is the point. Others say that they jumped all in on the first day. Both responses are OK. Everyone can take their time moving toward that new model.
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**LI: So is it a case of integrating Docker into existing platforms, or is a complete swap of technology required to get the full benefit?**
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**Hykes**: Developers can go either way. There is a lot of demand for Docker native. But there is a whole ecosystem of new tools and companies competing to build brand new platforms entirely build on top of Docker. Over time the world is trending towards Docker native, but there is no rush. We totally support the idea of developers using bits and pieces of Docker in their existing platform forever. We encourage that.
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**LI: What about Docker's shared Linux kernel architecture?**
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**Hykes**: There are two steps involved in answering that question. What Docker does is become a layer on top of the Linux kernel. It exposes an abstraction function. It takes advantage of the underlying system. It has access to all of the Linux features. It also takes advantage of the networking stack and the storage subsystem. It uses the abstraction feature to map what developers need.
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**LI: How detailed a process is this for developers?**
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**Hykes**: As a developer, when I make an application I need a run-time that can run my application in a sandbox environment. I need a packaging system that makes it easy to move it around to other machines. I need a networking model that allows my application to talk to the outside world. I need storage, etc. We abstract ... the gritty details of whatever the kernel does right now.
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**LI: Why does this benefit the developer?**
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**Hykes**: There are two really big advantages to that. The first is simplicity. Developers can actually be productive now because that abstraction is easier for them to comprehend and is designed for that. The system APIs are designed for the system. What the developer needs is a consistent abstraction that works everywhere.
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The second advantage is that over time you can support more systems. For example, early on Docker could only work on a single distribution of Linux under very narrow versions of the kernel. Over time, we expanded the surface area for the number of systems out there that Docker supports natively. So now you can run Docker on every major Linux distribution and in combination with many more networking and storage features.
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**LI: Does this functionality trickle down to nondevelopers, or is the benefit solely targeting developers?**
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**Hykes**: Every time we expand that surface area, every single developer that uses the Docker abstraction benefits from that too. So every application running Docker gets the added functionality every time the Docker community adds to the expansion. That is the thing that benefits all users. Without that universal expansion, every single developer would not have time to invest to update. There is just too much to support.
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**LI: What about Microsoft's recent announcement that it was shipping Docker support with Windows?**
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**Hykes**: If you think of Docker as a very narrow and very simple tool, then why would you roll out support for Windows? The whole point is that over time, you can expand the reach of that abstraction. Windows works very differently, obviously. But now that Microsoft has committed to adding features to Windows 10, it exposes the functionality required to run Docker. That is real exciting.
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Docker still has to be ported to Windows, but Microsoft has committed to contributing in a major way to the port. Realize how far Microsoft has come in doing this. Microsoft is doing this fully upstream in a completely native, open source way. Everyone installing Windows 10 will get Docker preinstalled.
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**LI: What lies ahead for growing Docker's feature set and user base?**
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**Hykes**: The community has a lot of features on the drawing board. Most of them have to do with more improved tools for developers to build better distributive applications. A toolkit implies having a series of tools with each tool designed for one job.
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In each of these subsystems, there is a need for new tools. In each of these areas, you will see an enormous amount of activity in the community in terms of contributions and designs. In that regard, the Docker project is enormously ambitious. The ability to address each of these areas will ensure that developers have a huge array of choices without fragmentation.
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--------------------------------------------------------------------------------
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via: http://www.linuxinsider.com/story/Docker-CTO-Solomon-Hykes-to-Devs-Have-It-Your-Way-81504.html
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作者:Jack M. Germain
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译者:[译者ID](https://github.com/译者ID)
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校对:[校对者ID](https://github.com/校对者ID)
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本文由 [LCTT](https://github.com/LCTT/TranslateProject) 原创翻译,[Linux中国](http://linux.cn/) 荣誉推出
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[1]:https://www.docker.com/
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