You've been mislead a bit here and there, Jim
[Posted March 17, 2004 by corbet]
| From: |
| Leon Brooks <leon-AT-cyberknights.com.au> |
| To: |
| jim_kerstetter-AT-businessweek.com |
| Subject: |
| You've been mislead a bit here and there, Jim |
| Date: |
| Fri, 12 Mar 2004 09:34:55 +0800 |
| Cc: |
| letters-AT-lwn.net |
Quoting:
http://www.businessweek.com/technology/content/mar2004/tc20040311_8915_tc119.htm
> Goldfarb wouldn't identify the executives, but says neither Chairman William
> Gates nor CEO Steve Ballmer were among them.
Hint: Paul Allen's company Vulcan Capital is BayStar's biggest investor.
Follow the money.
> SCO says it inherited control of the original Unix computer server software
> developed at Bell Labs more than 30 years.
TSG's (The SCo Group's) own website states that The Open Group own both the
UNIX and UNIXWARE trademarks. The Copyright office have no record of any
copyrighted being conveyed to TSG, TSG own no UNIX-related patents, and TSG
have dropped all claim to trade secrets in their suit against IBM - so what
"control" remains to them? TSG-as-Caldera released a good deal of their
foundations in the "Ancient Unix" sources and elsewhere, too.
Contractual rights? But I've signed no contract with them, and nor have Red
Hat, Mandrake, or any other Linux distributor that I know of.
> On March 3, 2004, SCO upped the ante, filing suit against two big corporate
> users of Linux software, AutoZone (AZO) and DaimlerChrysler (DCX).
The suits aren't actually about Linux. One is about breach of contract and the
other is about the WABI libraries. While this statement is in strict terms
correct, it does leave a very misleading impression.
In terms of Linux end users, TSG have so far limited themselves to suing their
own customers (a brilliant business model, no? their shares seem to be losing
a bit under a dollar a day as I type), which represents a rapidly dwindling
pool of targets, and certainly won't encourage new signatories.
> Microsoft was also one of the first companies to buy into SCO's licensing
> program, taking two licenses from SCO worth more than $12 million
Each. At least.
Microsoft have hereby caused themselves a problem. They've so far been unable
to point to any of their own software which justifies that purchase.
> Other big tech companies, including Sun Microsystems (SUNW) and Computer
> Associates International (CA), have also bought licenses from SCO.
CA hasn't bought a "Linux licence", what they did buy was UnixWare licenses as
a part of a settlement with The Canopy Group, TSG's parent.
Sun hasn't bought a "Linux license" either, just insured their own products
against suit. Solaris is unquestionably derived from System V Unix - which,
it seems, is actually owned by Novell. TSG are at best renting it from them.
EV1 nee RackShack did in fact buy a "Linux licence", then TSG publicly lied
about the terms of purchase ("worth upwards of seven figures" when in real
life the amount was apparently in the five-figure range) and roughly a
quarter of EV1's rack customers (so far) have abandoned them for other
hosting providers.
Remember that "the Linux community" includes everyone from Joe Random
Thirdworlder squeezing in computer time whenever the generator's up and
burning incense to the gods of journalling filesystems, through many small
(iLaw, CyberSource) and medium sized (Google, SGI) companies to behemoths
like Hewlett Pacquard and IBM and even governments. Red Flag Linux is
effectively China's Linux distribution, supported by a government ruling one
and a half billion people. We're not just a gaggle of wild-eyed teenagers,
dole bludgers and retirees; we field scientists, engineers, Admirals and
Generals, millionaire investors, teachers and sometimes even graphic
designers.
Cheers; Leon
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