Because of Apache's proficiency at allowing a single-server machine to host thousands of different virtual Web sites-music, data, text, pornography-it began to have “a commanding share of the Internet Service Provider market,” noted Salon's Leonard. IBM was trying to sell its own proprietary Web server, called GO, but it gained only a tiny sliver of the market. Apache proved to be both a better technology and free. So IBM eventually decided that if it could not beat Apache, it should join Apache. You have to stop here and imagine this. The world's biggest computer company decided that its engineers could not best the work of an ad hoc open-source collection of geeks, so they threw out their own technology and decided to go with the geeks!
IBM “initiated contact with me, as I had a somewhat public speaker role for Apache,” said Behlendorf. “IBM said, 'We would like to figure out how we can use [Apache] and not get flamed by the Internet community, [how we can] make it sustainable and not just be ripping people off but contributing to the process...' IBM was saying that this new model for software development was trustworthy and valuable, so let's invest in it and get rid of the one that we are trying to make on our own, which isn't as good.”
John Swainson was the senior IBM executive who led the team that approached Apache (he's now chairman of Computer Associates). He picked up the story: “There was a whole debate going on at the time about open-source, but it was all over the place. We decided we could deal with the Apache guys because they answered our questions. We could hold a meaningful conversation with these guys, and we were able to create the [nonprofit] Apache Software Foundation and work out all the issues.”
At IBM's expense, its lawyers worked with the Apache group to create a legal framework around it so that there would be no copyright or liability problems for companies, like IBM, that wanted to build applications on top of Apache and charge money for them. IBM saw the value in having a standard vanilla Web server architecture-which allowed heterogeneous computer systems and devices to talk to each other, displaying e-mail and Web pages in a standard format-that was constantly being improved for free by an open-source community. The Apache collaborators did not set out to make free software. They set out to solve a common problem-Web serving-and found that collaborating for free in this open-source manner was the best way to assemble the best brains for the job they needed done.
“When we started working with Apache, there was an apache.org Web site but no formal legal structure, and businesses and informal structures don't coexist well,” said Swainson. “You need to be able to vet the code, sign an agreement, and deal with liability issues. [Today] anybody can download the Apache code. The only obligation is that they acknowledge that it came from the site, and if they make any changes that they share them back.” There is an Apache development process that manages the traffic, and you earn your way into that process, added Swainson. It is something like a pure meritocracy. When IBM started using Apache, it became part of the community and started making contributions.
Indeed, the one thing the Apache people demanded in return for their collaboration with IBM was that IBM assign its best engineers to join the Apache open-source group and contribute, like everyone else, for free. “The Apache people were not interested in payment of cash,” said Swainson. “They wanted contribution to the base. Our engineers came to us and said, 'These guys who do Apache are good and they are insisting that we contribute good people.' At first they rejected some of what we contributed. They said it wasn't up to their standards! The compensation that the community expected was our best contribution.”
On June 22, 1998, IBM announced plans to incorporate Apache into its own new Web server product, named WebSphere. The way the Apache collaborative community organized itself, whatever you took out of Apache's code and improved on, you had to give back to the whole community. But you were also free to go out and build a patented commercial product on top of the Apache code, as IBM did, provided that you included a copyright citation to Apache in your own patent. In other words, this intellectual commons approach to open-sourcing encouraged people to build commercial products on top of it. While it wanted the foundation to be free and open to all, it recognized that it would remain strong and fresh if both commercial and noncommercial engineers had an incentive to participate.