Why I Do Not Support a Node Foundation

I’ve been aware of the node foundation plans for a while. I have been part of the initial discussion group with Joyent back in May, was part of the node technical advisory board (for a bit), and had extensive discussions about this with pretty much every major players in the community. I have opted to keep my opinions offline until now because I didn’t want my (strongly held) positions to become the “opposition” and add more friction to what was already a pretty messy process. But now that the decisions have been made by both the io.js folks (to fork) and Joyent (to form a foundation), I am free to rant publicly.

For the sake of full disclosure, I am generally opposed to any foundation.

This comes from extensive first-hand experience with participating and forming similar foundations. I was an active participant of the early OpenID Foundation, I represented Yahoo in the formation of the OpenSocial foundation and wrote the intellectual property and working group process documents, I was a founding member and first president of the Open Web Foundation, and I had extensive engagement with the W3C organization. These experiences taught me that foundations are an unnecessary evil.

My main problem with foundations is that as soon as money is involved, the organization takes on a life of its own, and the mechanism will do anything to sustain itself. The first words out of IBM’s Todd Moore’s mouth about the foundation was that the next step is going to be to hire an executive director. I don’t know if Mr. Moore was expressing the position of the foundation or his own agenda but this is exactly the kind of misguided attitude that dooms such efforts.

Consider this – once you hire people to work for the foundation, these people’s livelihood depends on the foundation’s financial stability. This means they spend a significant amount of time raising funds and ensuring their paying members are happy and getting value out of it. No matter how much you try to balance the needs of the community the foundation was allegedly created to serve, it inevitably becomes a voice for its moneybags.

This is not to say all foundations are evil or unnecessary.

There are many examples of foundations that add value and support their communities effectively. The important distinction is what triggers the creation of the foundation and who are the main players behind it. In the node foundation case, the triggers were lack of technical progress on node and some concerns about ownership of the node trademarks. Both of these issues could have been quickly resolved without a foundation.

The great thing about the io.js effort is that it grew out of strong frustration with specific shortcomings in the Joyent process. Namely, the governance model, the lack of code of conduct, the sharp drop in contributions, and a release process that was predictable in its unpredictability. These concerns triggered the initial discussions about a foundation but when it came time to actually address them, the io.js community realized that all they needed to do was to simply focus on fixing things. They didn’t set a foundation, raised money, or registered marks. They simply created the work space needed to get shit done.

On the trademark side, Joyent has long claimed that their work to protect the node marks provided an important service to the community and to node. I disagree. I think trademarks should only be used to protect business interests, not to put someone in a benevolent position to decide what’s in the best interest of a community, especially one as diverse as node. I don’t think a node trademark adds any value. What exactly do we need protection from?

(As an aside, I’d like to point out that my disagreement with Joyent on the trademark policy and foundation plans does not take away from my gratitude and appreciation for everything they have done for node and the huge impact their support had on its success so far).

Node is a subset of the JavaScript community which is flourishing without any active trademark protection. Can you imagine what would have happened to the language and innovation (especially the recent work) if the Oracle corporation who owns the mark for JavaScript dictated to people what is a certified version of the language? I think there is value in someone registering important marks (and then not defending them) only so no one else can do it for evil purposes. Joyent owning the marks and not protecting them would be the ideal. While Oracle owns the JavaScript mark, I cannot find any record of that mark being used or enforced.

Now, I can understand why IBM, a company who never turned down an opportunity to exploit and make a buck wants a foundation. It’s how they manage their relationships with communities to promote their business agenda. I am not calling them evil – just that as a large corporation with a lot of history, I am confident their best interest is not aligned with mine. I would like to note that I am no hater of corporations – I’ve happily worked for Citi, Yahoo, and Walmart to name a few.

What I cannot understand is why the community should want a foundation. What will a foundation provide that we are not already doing a fantastic job at? I am hearing foundation supporters talk about events, sponsorship, marketing, and training. Sounds like a lot of people excited about potential funds flowing their way.

Node and JavaScript events are doing amazing with nothing but grassroots efforts all around the world. Companies are eager to sponsor node development by hiring full and part time developers to work on node and io.js. Node is one of the fastest growing technologies without anyone hiring an ad agency or paying for marketing. And between the free node schools effort and the paid offering of many node companies, along with a growing selection of books, training is well taken care of.

When my employer was approached to be a founding member of the foundation, I recommended they pass on the grounds that it adds no value to them. Walmart already employs two node core developers, along with almost 100 developers who use node on a daily basis and contribute significantly to open source. Walmart has also been a top sponsor of NodeConf for the last few years. Since they are not going to double their support, should Walmart direct all these funds to the foundation instead? How would that increase their influence and improve an already fantastic community?

(I do not speak for, or necessarily represent the position of the Walmart corporation).

The only real argument made so far in support of a foundation is the issue of controlling the trademarks. It could have been easily resolved by Joyent releasing them to the public domain and allowing the community and the market to sort things out. I can tell you for a fact that my employer would not have had any problems dealing with the “ensuing confusion and chaos”. Every other platform has multiple flavors competing, some open source and some commercial. What makes node so special it needs trademark protection?

Since the node foundation is a foregone conclusion, we’ll just wait and see what value it adds. Meanwhile, we should stay alert to make sure the sponsoring corporations are not fucking node up.

Got comments? I’m @eranhammer.