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McBride Speaks, In Person And In Print
Phil Windley writes "Darl McBride gave the keynote at CDXPO this evening and held a press conference afterwards. I've posted my summary of his talk and the press conference on my weblog. In his talk, Darl seemed to be saying "Don't hate me. I'm only doing what I had to do."" On the other hand, in this interesting interview with CRN, McBride comes one whisker from likening Linux users to drug users, renews threats to sue end users, and says "all the big guys" are out to get SCO.
I've always wondered about people like Darl McBride. Obviously, they are paid a great deal of money to put a certain spin on things, and they try very hard to do it. What I've never understood about the psychology of it is this: do they actually believe themselves? Do they start out knowing they are lying, then convince themselves about it along the way? Or does the notion of truth not even cross their minds, as they are busy trying to define the reality they want?
1. Attack everybody you know .. . .. p p p .rrr. . .
.. ..... PRISON!!!!!
2. Claim you're doing what you got to do (voices?)
3. P
3. .
3.
and I quote:
McBride: Our goal is not to blow up Linux. People ask why we don't go after the distributors...'If you have such a strong case, why not shut down Red Hat?' Our belief is that SCO has great opportunity in the future to let Linux keep going, not to put it on its back but for us to get a transaction fee every time it's sold. That's really our goal.
David comes on, he's now a shareholder, he's rowing with us, and let's face it, he's added significant value to our company since February. Our stock was around a buck, now it's $14.
And what are the end-products your company makes?
bash$
At last, a CEO not afraid to break the silence about Linux. I was a linux user, so I know the kinds of pressures that you succumb to. You wind up using crack to check the security of your system. And to detect intrusions, you snort.... It only gets worse from there. Listen to this man, before it's too late.
I'm posting anonymously from a coffee shop so I don't end up getting a subpoena. A looong time ago, I used to work for SCO. When I started, I didn't think it was a bad company, but my opinion changed gradually. It's hard to put my finger on any one thing, but it seemed like the corporate culture was a little...strange. I had never worked at a tech company before, but I found it odd that upper management would get defensive when they read a bad review on SCO Unix. It seemed to me that they should have been taking the criticism to be constructive, so they could improve their product. But they took a "we know what's best for you, because we're smarter than you" kind of attitude. Not everyone agreed with them, as I found out at many an exit interview. It makes me wonder if this attitude blossomed and overtook the company.
So, it is not important that all the big guys are out to get SCO. In any business sector all the big guys are always out to get all the other competitors. The problem is that SCO has said that there can be only one *nix distributor, and the authority of all other *nixes must come from it. While this benefits certain firms, and those firms have provided as much help as they can, it does not benefit most of the sector, and actually threatens their survival. Which is just common sense. It is one thing to compete against the big guys. It is another thing to publicly call for their death. Such a thing tends to turn the fight into a death match. And no one feels sorry for the guy who starts it.
"She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
Well, first off, Darl McBride shows that he *completely* misses the distinction of free-as-in-speech Free Software and reduces the GPL to Free Beer. Sad. Granted, it is kinda hard to sell GPL software, but he doesn't seem to understand that a lot of what people love about Linux has less to do with price and more to do with freedom. The ability to get access to the source code at no additional charge. The ability to create 'derivative works' from GPL software as you please (well except that it too has to be GPL'ed of course), and the ability to distribute those changes. To fork projects when necessary.
And, most importantly, not having one central company or organization claiming total control over the OS. One of the things I love about Free Software, especially for the Operating System is that I think it is *crucial* for there to be a viable, widely used Free-as-in-speech OS Platform for everyone in the world to be able to use without it being leveraged to one company's or government's or whatever advantage. A true 'level playing field.'
So, SCO doesn't get it. Darl wants everyone to stop 'crucifying' him and SCO for doing what they "have to" in order to survive and leverage the investment they made in Unix. Everyone is picking on him, especially IBM who are big bullies (note this isn't my opinion - I'm just summarizing McBride). Oh, also SCO likes Open Source and Linux - we aren't out to destroy Linux and Open Source - we just want $700 dollars for every CPU that runs Linux commercially. Don't hate us, we want to co-exist peacefully with Open Source.
Oh, and the best part - the GPL is dead - Open Source isn't dead, just the GPL because it isn't friendly enough to business according to Darl. And, Free (as in beer) linux is dead (nevermind Debian and other non-commercial distros).
Lastly, in the world of Darl McBride, the BSD's don't exist. He didn't mention them ONCE in the presentation. And there were a couple times (Unix History discussion, as well as a few other places) where it would have probably been quite appropriate to mention them. Along those lines, SCO == UNIX, and we own the copyright to ALL UNIX (again what about the BSD's?).
Oh he did clarify that AIX, HP/UX, et al are 'owned' by the respective companies, but that SCO 'controls' all of them as the root of the unix tree.
I dunno. I really at this point just wish SCO would put up or shut up. Show definitely that there is wide-spread infringement instead of just throwing out "We have STRONG IP claims" (Take our word for it). Basically, this issue needs to go to court and be resolved.
Speaking of which, here's the SCO lawsuit scheme: IBM is not a copyright infringment case - it's breach of contract. But if people who use Linux don't buy Unix Licenses, we will sue them for copyright infringement. (Which is basically what they've been saying all along - no surprise there).
So what I hear, when I hear McBride make that statement is IBM probably has the resources and expertise to discredit our copyright infringment claims - so we are going to go after small fish who (we hope) can't reasonably defend against the infringement claims, and gradually build precedent one case at a time and then go after the big companies when we have a few cases behind us that gave us favorable findings.
His constituents are his shareholders and customers.
Which at this point probably resolves down to his own company, their satellites and the law firm they've retained to fight their last ditch effort.
SCO does not want to destroy open source or Linux. With the appropriate checks and balances, open source has merit.
I think he means, if people pay with the appropriate checks, he'll consider the effort worthy of merit.
End users are not safe in taking a wait and see position. SCO is contacting customers and asking them to take a license of litigate position.
IOW, please pay us now so we can show some revenue long enough for the remaining shareholders to cash out before this whole thing implodes. Otherwise, the FBI will bust in your door and cart you off to Guantanamo.
There's no free lunch or free Linux. The value proposition of Linux is UNIX for free. Free models such as free music, free Internet, free bandwidth, and free love haven't worked.
On the other hand, the free mushrooms the guys in the legal department put in my tea this morning do seem to be working.
This country was built on the notion of property ownership and being about to protect one's property. What's left in this company are concepts and ideas. If you take away the ability to protect that, we're reduced our ability to compete as a country
If you don't support our desire to scare the crap out of the public in order to extort money for intellectual property my company had absolutely no hand in creating, then you're some sort of unpatriotic, filthy commie scum.
By the way there is no truth to the rumors that I am violating any patents previously held by the Rumsfeld-Cheney group. I am operating with a legitimate license from the holder of the scare-the-crap-out-of-america patent.
GPL will not survive. Open source will survive, but the GPL will have to be reworked in a way that is more pro-business.
By pro business I mean pro-big-mega-corporations that deserve to profit from the innovation of others who have the audacity to claim such work that we can exploit be donated to the public domain.
SCO will prevail in its legal battle. SCO is now worth $200 million and has $60 million in the bank. SCO is committed to seeing this through.
Bill's check cleared! Bill's check cleared!
We are also introducing an exciting new product in cooperation with Kool-Aid and the government of Columbia. Look for it soon.
Linux will not be free.
But a woman who is willing to trade "love" may be able to get a discount on the enterprise edition. I.M. my AOL handle, "sexy14yoGRRL" for more details.
"Samba isn't your IP. What gives you the right to sell the copyrighted work of others?"
What can SCO possibly answer, while maintaining that the GPL is illegitimate?
No, you're thinking of a Slashdot discussion...
is lies. Damned dirty lies. He says:
... but what if hte court agrees with SCO? what if money is passed under the table? this is a case of -very- high stakes, for both sides. If SCO is found in contept ,or anything like that, SCO loses big time, as does MS, as now most people see them as being in bed with SCO (at least in the tech field). The other way, linux wins, big time. Talk about a stacked deck - now it depends on how it's cut.
If I'm Merrill Lynch and have a trading application proprietary to Merrill Lynch and deploy it across all my trading desks, if that deployment occurred where the Linux OS and app are distributed togetherm there are arguments that Merrill would have to provide their proprietary trading application in source form to everyone. That's a problem.
Go read the GPL. Nowhere is that said. This is purely a lie to get people to not invest in linux, or to use it; the only other alternatives, of course, being SCO... and MS. SCO is likely to benefit little - their technology isn't capable of doing what most people use linux for. So MS gets the customers. Combine that with the SCO discount for converting to MS, and everything else...
I'ts pretty damned obvious to those that know even the most basic things about the GPL and IP law that SCO has no case. McBride makes inference after inference, and all of which are lies. Add them up, and to most people, it's a convincing case. Now to get this thing into court and smack him in the mouth.
Given MS's history of buying politicians....
~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
Aww shucks! This thread was just getting started and already someone has to mention Hitler!
a w.html
http://info.astrian.net/jargon/terms/g/Godwin_s_L
TT
I orginally posted this on the "IBM Puts Pressure On SCO" article. However I posted it very late. So I will post here again. If you don't like what SCO is doing complain about it. Here is a link to help you contact the people to complain to. http://www.understudy.net/weblog/archives/00000014 .html
It's the cost of "playing the game" of business...sitting around board tables, jet setting to last-minute meetings--it's a drug of "power".
Guys like him start out "at the bottom" in the old boys network. They typically go from newbie to boss in a short time...he's probably never actually researched ANYTHING to do with copyright or patent on his OWN...delegating doesn't count. Guys like him deal in what they WANT...not what's REAL. I find executives as a class get a surprising amount of info from word-of-mouth, Forbes [& such], and CNN...far more often than say..googling for a copy of the LAW, or court cases/common practice to support their claims.
I find they're like the kids in school that don't know the game really well, but can argue the rules 'till everyone is bored and gives up.
On the one hand, this all seems so ridiculous, . You've got this two bit outfit suing IBM, which has more lawyers on its payroll than most companies have employees. Same than ups the ante, wants to sue the world and his cousin. All this while claiming as its own the hard work of hundreds aroundt the world.
On the other hand, I can't help but remember that the fate of Linux and the GPL are about to be handed over to the same legal system that got OJ acquitted and awarded millions to some idiot who couldn't figure out that driving a car with hot coffee between her laps was a bad idea.
The way this McBride talks (IBM, Red Hat, HP, now Novell, next *BSD, then you and me?), it looks like lawsuits will be flying around for a long, long time. Add to this the fact that (yeah, yeah, IANAL) that stupid laws like the DMCA seem give his company at least some grounds for his lawsuits (and besides, who knows if IBM et al. didn't do some really stupid things?).
Who wins in the end? You already know of course: Bill.
Prove me wrong, please!
McBride: It's a range. Those who are directly selling SCO Unix products, are cheering us on ...
Stop the presses, someone sold SCO Unix last year?!
McBride: .... Those who have drifted over to the Linux camp are confused.
Indeed, I can't figure out what those idiots at SCO are up to.
McBride: My first reaction was we needed to create a counterbalance [to the vocal open sourcers]. We're on the side of the silent majority...
Eh? Let's see, for ages we've all had to listen to and counter his company's Microsoft funded bullshit, press releases and amazing old media broadsides. He's been saying all sorts of stuff designed to stirr doubt deep in the hearts of PHB and it's been reported by every WinTel rag on earth, but he reagards himself as "silent". Somehow people who have to reassure their bosses not to give in to SCO's extortion of end users is somehow "vocal"? The free software's statements are all reactions to this turkey. If some people get angry, it's because of the volume of ignorant and wrong nonsense this man has been able to generate - you need to buy a $700 license for every Linux box you own because IBM put "secret" SCO code into the kernel that SCO published openly under the GPL but refuses to specify. It's madening and hardly "right".
More McBitch: This is about our IP! ... IBM is the master of creating an illusion that they're being attacked by this big brutal bully SCO when they're the ones attacking us. They're the ones doing all the behind-the-scenes work.
Oh sure, Dayrl, and I'm Steve Barkto. IBM must be running the Free Software Society. Tell me all about it. The whole world of knowledgable computing says you are full of it. What do you produce? Some poor woman who's BA was in French who had to sign a massively restrictive NDA to look at publically published and GPL'd code next to snippets of your ancient Unix? Give me a break. Put up or shut up and quit threatening the world and maybe, just maybe people will think your extortion and stock fraud days are behind you.
We early on looked at GPL-related issues and felt it was an Achilles heel for IBM but we didn't open them up initially. We didn't want to confuse a clear-cut contract issue [with IBM] with the untested GPL and other issues. But when IBM dragged GPL onto the table, our lawyers started sharpening their steak knives. 'Ok, if that's what you want to talk about , we'll talk about it.'
Oh yeah, you were forced to call the GPL a cancer, but you hated it all along. Bzzzt! Your case of trade secret violation got blown out of the water because your company published said traid secrets openly and under the GPL. You can't fall back to copyright violations, because you can't really find any infringing code. So, you are left with this crack house attack on the GPL.
If you take IBM out of the equation, Linux would not be growing up, it would not be SMP-enabled, it would not be multi processing, scaling up to hundreds of servers. It is IBM that is enabling that.
There he goes again, taking credit for stuff that his crappy Unix can't do.
VARBusiness: Are customers changing their Linux purchasing pattern since SCO sent out warning letters?
McBride: A research report came out saying 80 percent of users had not slowed down. Our take on that is 20 percent have. So one out of five.
Thanks Dayrl, that will come in handy when you get sued for the damages all your BS has done. I'd love to see Red Hat pin the end of their retail distro on you and strip off some of those $20,000,000 Microsoft has funded you with.
If you look at the GPL, it couldn't be more clear, they either have to pull [the offending code] or shut down the distribution. The things we're laying claim to are things you can't pull out very easily....it's very difficult to yank this stuff out.
Right. Everyone is begging for the proof and the code they can shut this idiot up by rewriting that supposed code. It's not there.
OK, I hate everything this idiot says -5 flamebait article.
Friends don't help friends install M$ junk.
If you're baffled, it's probably because you see SCO as a company who profits from selling things as apposed to suing people. Their latest shareholder statement seems to really emphasise their Intellectual Property as one of their three main sources of income, but they don't have much exciting to say about the other two. In that light, suing their "customers" is just fine. And so is letting their lawyer set their "business" strategy.
Keep in mind that if McBride does not do what is arguably best for the bottom line of the company, his shareholders can sue him. If you have a bunch of SCO stock and about a billion dollars lying around you can probably sue him for taking a short-sighted approach to keeping his company profitable. Not too many people are in that position though.
The thing that kills me is that SCO's stock is still around $14 (up from $1 in March but falling the past week) - which means that most investors believe that SCO will be worth more in the future. Are they banking on a buyout or a win in court? Yes, I'm shocked, but over the public's reaction. Not McBride's statements.
I've never purchased a mainstream commercial distribution. Other than dabbling with demonstrative releases of RedHat and SuSE for about a total of six months, I've used Slackware or Debian since I started using Linux back in 1996. I think that once I ordered a Cheapbytes CD of Slackware for 8.0 or something like that, but it was less than the cost of a large coke at a fast food restaurant.
So, Darl, faced with a product that is very often free to hobbyists or companies willing to support themselves internally is going to gain revenue from this how? If I never touch anything to do with Caldera Systems, the only way that they're going to even know that I have my copies of Linux would be to stage a BSA-style raid on my home or business, count the machines, audit the software, and the like.
This does scare me. Not in the sense that I think that Darl and his other brother Darl will win, but that if they were to somehow squeak by with a court victory, establish precedent, and continue winning court victories that somehow gave them rights to that which they shouldn't otherwise, what's to stop them from being even more asinine?
I have no love for the company whose operating system has the most market share, but at various times, when working for computer companies that sold product, if something were amiss, an actually friendly representative would come in and identify himself as a rep, tell us how the product distribution for the product (usually the OS) worked (like, minimum pricing put into the wholesale distribution), cite our ad if the price were lower than the initial wholesale price, and if something were amiss, he'd inspect the product. A couple of times we had forged copies, which was noticeable on the booklets on further inspection, and he traded us all of the faulty software for good copies, all that he wanted to know was where we got them. No fuss, no muss, no lawyers talking, even for software that would be fairly easy to prove as illegitimate if it came down to it.
Compare this to Caldera in their approach. They're huffing and puffing about $600+ licencing fees for the OS. Everone who bends and pays encourages them to seek out everyone else that has "product", regardless of origin. They'll be querying webservers, looking at NAT and Masquerade data that they find, and making a big pain out of themselves. They'll call the FBI to attempt to root out the "piracy" of what they "own" in BSA-style raids. They'll make a mockery of the criminal justice system the same as they have the civil system.
Yes, I'm being extremely paranoid, but a little paranoia now is better than a terrible situation later, especially if ways to combat this can be found.
Do not look into laser with remaining eye.