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Darl Goes to Harvard

colinmc151 writes "Both Groklaw and Internet News are reporting on the visit made to Harvard University by Darl McBride, SCO president and CEO, and Chris Sontag SCO senior vice president. Darl and Chris made a presentation titled 'Defending Intellectual Property Rights in a Digital Age'. One protester gave out copies of Linux to all that attended. Bottom line SCO plans to carry on with the lawsuits. Best line was one student who when Darl asked if he was impacted by MyDoom.A e-mail virus answered 'No, I use Linux'." One MIT student has a write-up of the event as well...

45 of 425 comments (clear)

  1. Oh Darl, when will you ever learn? by __aavhli5779 · · Score: 5, Interesting
    Erica's question (the second to last, as McBride claimed "that girl really wants to ask a question") was "You've said you like the GPL, that you distribute GPL products, and that people should be able to contribute however they want. Why then did you claim in December that you believe the GPL violates the constitution, and US patent and trademark law?"

    McBride's response was essentially "look, over there, something shiny! next question!"


    Seems like the MIT students did a nice job putting him on the spot, but it's obvious that ol' Darl is pretty adept at deflecting any criticism or challenging questions and changing the subject when he finds the current one uncomfortable.

    What will it take to get him to address all the contradictory statements and lies that he and his cohorts seem to spout at every opportunity?

    Perhaps it's time to try to get that court date pushed up :)
    1. Re:Oh Darl, when will you ever learn? by Otter · · Score: 5, Insightful

      I'd agree more strongly with your point if they'd mentioned what he actually said instead of describing how silly they think he is.

    2. Re:Oh Darl, when will you ever learn? by JohnLi · · Score: 5, Insightful

      I don't understand why they paraphrased McBride's comments? Why give a full quote of the question and then joke about the answer? Seems to make a serious discusion in an intimate setting look a bit high school.
      Sorry.

      --
      The / in /. would be more accurate if it leaned to the left. http://www.metricnut.com
    3. Re:Oh Darl, when will you ever learn? by eln · · Score: 4, Funny

      it's obvious that ol' Darl is pretty adept at deflecting any criticism or challenging questions and changing the subject when he finds the current one uncomfortable.

      Maybe he's just gearing up to run for President.

    4. Re:Oh Darl, when will you ever learn? by gowen · · Score: 5, Funny
      Maybe he's just gearing up to run for President.
      We will go on to IBM; then we're going on to Novell then on to Finland to take back UNIX! YEEEAAAAAAARRRRRRRGGGGHHHHHHHHHHH
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    5. Re:Oh Darl, when will you ever learn? by Triumph+The+Insult+C · · Score: 4, Funny

      they can't you see. darl's comments belong to sco and are part of sco's ip portfolio

      darl's ass, however, belongs to ibm

      --
      vodka, straight up, thank you!
    6. Re:Oh Darl, when will you ever learn? by LargeMythicalReptile · · Score: 5, Informative
      I don't understand why they paraphrased McBride's comments? Why give a full quote of the question and then joke about the answer?
      (I'm not the author of the review, but I was at the talk)
      His answer to that particular answer was quite evasive and not particularly memorable--something along the lines of "We support the rights of authors to distribute their works, for free if they so choose." He did not at all address how this squares with the statement he made in December that the GPL is unconstitutional, which is, of course, what the student actually asked.
    7. Re:Oh Darl, when will you ever learn? by spacecowboy420 · · Score: 4, Funny

      It went something like:
      ...I know he seems guilty. But ladies and gentlemen this is Chewbacca. Now think about that for one minute. That does not make sense. Why am I talking about Chewbacca when a man's life is on the line? Why? I'll tell you why. I don't know. It doesn't make sense. If Chewbacca does not make sense you must acquit. Here look at the monkey, look at the silly monkey. The defense rests."

      --
      ymmv
  2. There's one student... by bc90021 · · Score: 4, Funny

    ...who will see his tuition go up by $699 next year. ;)

  3. What kind of students were they? by halivar · · Score: 5, Funny

    Law or CS students? Either way, he should've been laughed off stage.

    Maybe he was speaking to fashion merchandising students (it is a nice suit, after all).

    1. Re:What kind of students were they? by LargeMythicalReptile · · Score: 5, Informative
      Law or CS students? Either way, he should've been laughed off stage.
      Speaking as one of the students there, I'd say there was a good mix of both. I went with a group of friends from MIT, all of whom were CS or related fields. We sat in front of two former-techie-turned-BU-law students and a non-student geek. However, not surprisingly, there were a significant number of Harvard law students there as well.

      As for being laughed off the stage, I don't think anyone in the audience really bought SCO's claims. The audience was realistically fairly polite, but unsympathetic--no one was outright laughing at him, but no one agreed with him either.

      As for the presentation itself, at its core, Darl seemed to say a few reasonable things--they claim ownership of a certain body of IP and that IBM distributed that IP illegally. Both of those claims are under contention, but he stated that that's for the courts to decide. This, to me, seems perfectly reasonable--I may not agree that SCO has a case, but they obviously think they do, and the courts are the proper forum to determine this.

      If it were just the contract dispute, I don't think there would be this violent reaction against SCO. It's all the FUD that comes with it--from "The GPL is unconstitutional" to "Linux gives computing infrastructure to terrorists, cyber- and otherwise"--that is causing the problem. We told Darl as much after the talk (no matter what you think of the man, it was cool to have the opportunity to talk with him face-to-face), and he seemed somewhat receptive to the fact that we're not all IP-hating copyright-hating hippies, we just don't like the FUD. Frankly, I don't think anything will come of that--it's too late to retract the many things that have been said, and PR will probably keep him on the same path--but there was a glimmer of hope, at least.

    2. Re:What kind of students were they? by lambadomy · · Score: 4, Insightful

      I don't know, I think that this is mixed in with the on-going backlash against corporate litigation, ridiculous patents, and CEO compensation. People feel that SCO has no case, and that while the courts may be the place to sort it out, if SCO loses and the lawsuit is shown to be ridiculous absolutely nothing will happen to the architects of the lawsuit. Darl will make a lot of money, all for playing with the law. This is a nation steeped in the mantra of accountability, regardless of recent flirtations with "political correctness", but in cases like these it is hard to see. There is a real fear that even if/when Darl and SCO lose, they will have won, and that any company can take a similar nothing-to-lose roll of the dice with other peoples money.

    3. Re:What kind of students were they? by jefe7777 · · Score: 5, Insightful

      from reading this page:

      http://web.mit.edu/jonas/www/faim/

      here's a choice quote that is very important to me:

      "This isn't a group of crazy commie hippies who want to destroy their business model(SCO's), but rather, we're engineers and scientists (and law students) who recognize that they may have a valid claim, but tune them out when they(SCO) make irrational statements."

      and SCO sure does make a LOT of those irrational comments eh?

      SCO _is_ irrational. And if we can keep discrediting them with calm cool logic, and not froth at the mouth, we'll make headway.

      Awesome job guys! You guys are role models on how to handle FUD.

    4. Re:What kind of students were they? by abe+ferlman · · Score: 4, Interesting

      Well, let's be clear, there will be a loser: Microsoft. They're obviously behind this for two reasons:

      1. The bulk of SCO's funding since the beginning of the lawsuit has been from Microsoft
      2. Microsoft has softened their public FUD about linux. They're trying to let someone else play bad cop because they know when they criticize linux unfairly it makes others jump to the defense of linux AND blame Microsoft- when someone else does it for them, the first still happens but the second does not.

      It's obvious to informed observers, but not to the press.

      The winner so far seems to have been Novell though - people are beginning to see that they are being unfairly maligned, their stock has been climbing like gangbusters.

      --
      microsoftword.mp3 - it doesn't care that they're not words...
  4. Anything you say will be taken down and used ..... by Performer+Guy · · Score: 5, Interesting

    Daryl doesn't seem to be aware that his public comments may impact the trial. It's like the guy genuinely doesn't care about th eendgame as many here have observed.

    It must be pretty frustrating for Linux contributors to be attacked by a guy who is using the fruits of their labors on his own Linux system.

  5. Forgot the subtitle by daeley · · Score: 4, Funny

    Hey, the poster forgot the subtitle for the presentation: "Defending Intellectual Property Rights in a Digital Age, or How to Make Money Without Really Trying"

    --
    I watched C-beams glitter in the dark near the Tannhauser gate.
  6. Excellent! by DrugCheese · · Score: 4, Interesting

    We should organize more protests involving the giving away of free software.

    Now if they threw pig blood at them it would've made mainstream news. But something good and worthwhile to humanity? that's not news

    --
    *DrugCheese rants*
  7. The Important Part by Anonymous Coward · · Score: 4, Interesting

    Lowest stock price for SCOX since August 2003.

    http://finance.yahoo.com/q?s=SCOX

    At $13.54 at time of this posting, and has even gone down so low as $13.18 for the day range.

    -Joshua

    1. Re:The Important Part by IWorkForMorons · · Score: 4, Funny

      Yeah...and when I started paying attention to all of this, SCOX was at about $7. Whether they are the scourge of the OSS movement or not, I wished to hell I had jumped on that...

  8. The part I do not understand... by John+Seminal · · Score: 5, Interesting
    McBride said that while Linux is the compilation of thousands of people donating their time and programming skills to improve kernel code created by Linus Torvalds, SCO deserves compensation for the improvements it made to Linux.

    I thought that the whole point of open source is so nobody can take the software, change it, and then sell it as their own. I thought any changes made became the property of the project, for everyone to use.

    For example, in the GPL it states:

    You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    1. Re:The part I do not understand... by GTRacer · · Score: 5, Informative
      ...nobody can take the software, change it, and then sell it as their own.

      Yeah, but IIRC, Darl is claiming someone took SCO IP, stuck it in Linux code, and distributed it as GPL, when in fact the code wasn't supposed to have been released. SCO then sued a bunch of Linux users.

      IBM called shenanigans, and one objective of the upcoming trial is to have SCO show just what code they claim is theirs, and so other kernel coders have a chance to defeat the claim on prior art or somesuch.

      GTRacer
      - IANAL

      --
      Defending IP by destroying access to it? That makes sense, RIAA/MPAA. Go to the corner until you can play nice!
    2. Re:The part I do not understand... by mindstrm · · Score: 4, Funny

      NDAs and whatno make sense when you are talking about "trade secrets".

      They do not make sense when applied to copyright law. The Unix SYSV code has been openly published on a wide scale for a LONG time... none of what was published can be called a secret. That does not mean there is no copyright protection, of course. You can't steal my code just because I published it.. but I can't go screamng that it's a secret and everyone has to sign an NDA so I can prove you stole my code. I can, of course, show my evidence.

      If IBM snuck code they did not have the rights to into Linux, they will be removed. The entire linux community is not guilty, IBM would be.

      All SCOs other claims are just to confuse the world... first it's a trade secret, then it's about copyrights, then it's about contract violation by IBM, then it's about the GPL being unconstitutional... then it's about WMD.....

    3. Re:The part I do not understand... by tkrotchko · · Score: 4, Insightful

      "Darl is claiming someone took SCO IP, stuck it in Linux code, and distributed it as GPL"

      Yes, and according to Groklaw, that person or persons are Caldera, which is what SCO used to be called.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
  9. Re:Whoaa by B3ryllium · · Score: 5, Funny

    Finally, a true successor to Ernest Goes To Camp.

  10. Find the SCO Source Code by kidgenius · · Score: 4, Funny
  11. I saw this back in the 80's by dustwun · · Score: 4, Funny

    When it was called Ernest goes to Jail.
    This is akin to reading the details of a year long train wreck. I somehow feel dirty every time I read the next SCO news.

  12. Great job, Eric Jonas, but... by Muad'Dave · · Score: 5, Funny

    What I want to know is what do Erica and Clare look like? Pics, dammit!

    --
    Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
  13. Re:Obvious answer by Carthag · · Score: 5, Informative

    It's a badly phrased sentence, it should have been written something like: "When Darl asked a student if he was impacted by the MyDoom.A email virus, the student replied, "no, I use Linux."

  14. SCO got compensation by nuggz · · Score: 5, Insightful

    SCO got compensation for the work they submitted to the Linux kernel.
    Their compensation was a licence to use and distribute all the other code.

  15. Groklaw /.ed already? by zaba · · Score: 5, Informative
    I can still get it (though it's getting slow), so here ya go:

    Darl Goes to Harvard - My First Quick Impressions
    Monday, February 02 2004 @ 08:48 PM EST

    I watched the webcast and while I lost the stream once or twice, I heard the bulk of it. No doubt others will fill in the blanks, and I took some pictures off the screen which will at least give you a flavor when I get them up. Soon.

    The big news is that they say they will start to sue copyright end users by February 18. The other news is that he asked the audience if they had gotten infected by MyDoom, and he pointed to one guy who beautifully answered, "No, I use Linux, so I wasn't affected," and the room laughed. Darl wasn't happy about that and it was clear he didn't like the questions about the ABI files. He said that Linus claimed only two, and there were the rest they can sue over, though they still plan to contest Linus' claims in court.

    Someone mentioned an article that had lessened his credibility on the other ABI files, that it had said it looked like they had distributed them under the GPL. And it was like he turned dark and stormy and paced and tried not to show his anger. But it showed. Then he said that the BSDi settlement was about those same header files, and they know what is in that sealed settlement and we don't, but there were three kinds of files addressed in that settlement: files that had to be removed, files that had to have copyright notices put on them, and files that were ok. They claim that the files they will be suing over lack the copyright notices, plus some files that were supposed to be removed, IIRC. And the DMCA says it's a violation to strip off copyright information, so I gather they intend to go after end users for "stripping off" copyright information on those header files. Ridiculous and cynical as that may sound, that is their strained plan. No doubt they figure the DMCA gives them muscles that AT&T didn't have back when the original case was before the courts. But those are the files. Sontag hinted that they might add copyright claims to the IBM case over those same header files at some point.

    My overall impression was that they were very uncomfortable. It began with calls for civility, which turned out not to be necessary. Everyone was polite. But clearly Harvard had gotten a lot of complaints, judging from their remarks. They have invited Chris Stone of Novell to speak there in three weeks on February 23. Details will be on their website.

    They continued to repeat the same untrue "facts" about the GPL, that it forces you to give your software away free, blah blah. I hardly think explaining it one more time will help them, since it's clearly volitional. They've got their story and they're sticking to it. Darl said when you go to court, the rubber hits the road. I assume he means by that you have to get it actually sorted out with facts. He was asked how he can sue without having established copyrights, but he danced around without answering that directly. No doubt that rubber will hit the road when he sues the first end user.

    Clearly they have something in that settlement agreement, which Noorda was a party to, and the rest of us were not, and they plan on springing it on a startled and totally innocent end user soon, who will be befuddled as to how he is responsible for complying with a sealed agreement he isn't a party to and doesn't have a clue what it says. Of course, they don't tell you what it says. They would rather surprise you. Well, good luck, cowboys. We'll see how it plays in a court of law.

    He tried to answer Eben Moglen's illustration about going to Barnes and Noble and buying a book and having SCO leap into your living room and say, I'm suing you for reading that book. He said it's more like you get the book without paying for it and then you make copies and give them to 500 friends. He said that is how it is with Linux. Companies get one copy and make tons more. The part he misses is that the writers of the code have no problem with that,

  16. Civil disobedience by nuggz · · Score: 4, Insightful

    Civil disobedience is knowingly breaking a law because it is unjust.

    It is not performing a legal act despite very vague accusations that it may violate some law or contract.

  17. Evil is afoot by paiute · · Score: 5, Funny

    Darl goes to Harvard. Gates went to Harvard. When you are at MIT, you come to realize that evil lives up the river. Like they built over a fucking Indian graveyard or something. Kissinger? Hearst? Updike? Kaczynski? Love Story? Hello?

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  18. Tomorrow, the judge rules by Animats · · Score: 4, Informative
    Tomorrow, the judge rules on whether SCO has "identified with specificity" the alleged infringements. SCO has already been ordered by the judge to comply. That happened back in December. The order is below. Notice item 4. Tomorrow, the judge rules on whether they did comply.
    • Order granting [68-1] motion to compel discovery, granting [44-1] motion to compel Discovery.

      The SCO Group is hereby ORDERED:

      • 1) To respond fully and in detail to Interrogatory Nos. 1-9 as stated in IBM's First Set of Interrogatories.
      • 2) To respond fully and in detail to Interrogatory Nos 12 and 13 as stated in IBM's Second Set of Interrogatories.
      • 3) IBM is to provide SCO a list of requested documents as stated in IBM's First and Second Requests for the Production of Documents and SCO is to produce all requested documents.
      • 4) To identify and state with specificity the source code(s) that SCO is claiming form the basis of their action against IBM. This is to include identification of all Bates numbered documents previously provided.
      • 5) To the extent IBM's requests call for the production of documents or are met by documents SCO has already provided, SCO is to identify with specificity the location of responsive answers including identification of the Bates numbered documents previously provided if applicable.
      • 6) If SCO does not have sufficient information in its possession, custody, or control to specifically answer any of IBM's requests that are the subject of this order, SCO shall provide an affidavit setting forth the full nature of its efforts, by whom they were taken, what further efforts it intends to utilize in order to comply, and the expected date of compliance. SCO is required to provide such answers and documents within thirty days from the date of this order. All other discovery, including SCO's Motion to Compel is hereby STAYED until this Court determines that SCO has fully complied with this Order.

    In that one line of boldface above, the judge captured the key issue. No amount of PR spin control will help SCO in court tomorrow.

  19. 'No, I use Linux' by mumblestheclown · · Score: 4, Interesting

    Funny, I use Linux too, and nevertheless mydoom affects me substantially. for example, my ISP's mail servers are slow as hell because of this crap. So slow, that I couldn't even get to my mail for much of today.

  20. CItation for the record by Performer+Guy · · Score: 4, Interesting

    "..claims that a member of the linux community claimed that a high-level linux hacker was responsible for at least one of the attacks (I'd love to see that citation). "

    This was Eric Raymond acting as self appointed champion and bull in a china shop during an earlier attack.

    http://linuxtoday.com/news_story.php3?ltsn=2003- 08 -25-010-26-NW-CY-LL&tbovrmode=3

    Personally I think Eric Raymond is a darned fool for saying 'we' etc as if this was a community effort. Eric saying he's ashamed for us all plays right into SCO's hands. This was not the community, it was one lone criminal acting for themselves. Presenting it as something else is both inaccurate and damaging.

  21. Re:Whoaa by drinkypoo · · Score: 4, Funny

    The Monkey went to Harvard already.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  22. Re:Whoaa by beanyk · · Score: 4, Funny

    Finally, a true successor to Ernest Goes To Camp.


    Or "Debbie does Dallas".
  23. wow! by Mr_Silver · · Score: 5, Funny
    Best line was one student who when Darl asked if he was impacted by MyDoom. A e-mail virus answered 'No, I use Linux'

    I'm not sure what I'm more impressed by - the fact that an email virus can talk, or that it's speaking at Harvard on behalf of Darl.

    --
    Avantslash - View Slashdot cleanly on your mobile phone.
  24. there there by neko9 · · Score: 5, Funny

    He discusses MyDoom, and also evidently someone on slashdot who posted his home address and phone number, resulting in a DDOS of his house during the superbowl

    Darl reads slashdot??!!
    and can you imagine your house in denial of service? and distributed? all rooms are denying you sevice... even toilet... oh horror :-)

  25. RMS is not crazy! by Anonymous Coward · · Score: 5, Insightful

    Above all, we wanted to go and present the non-RMS, non-crazy-anti-IP side of linux.

    [..]

    We're having the law forced on us, and if we're not careful, one day we're going to wake up in a world where IP restrictions will take all the fun out of engineering.

    Maybe you should go back and listen to "crazy" RMS when he talks about these legal issues. Which he's talked about since day one. And people laughed at him.

    When the FSF insists on paperwork for all major contributions, there's a good reason. When they insist that all copyrights be centralized with the FSF, there's a good reason.

    Linus may be popular to us geeks because of his easygoing nature, but easygoing gets you eaten alive out in the real world.

  26. SCO brings a "sharpshooter" to a Darlnote... by kuwan · · Score: 5, Interesting

    I got this off of the SCOX yahoo board:

    'Electronic terror' in Linux's shadow

    You'll find this about 2/3 of the way through the article:

    When SCO Group chief executive officer Darl McBride appeared at the Mandalay Bay Convention Center in Las Vegas in November to deliver a keynote speech at CD Expo, the company brought a sharpshooter along for protection.

    And they call the Linux community fanatical! :)

  27. Re:Classic! by pb · · Score: 4, Funny

    SCO can distort anything...

    "Interest in SCO has never been higher, hits to our website are off the charts!"

    --
    pb Reply or e-mail; don't vaguely moderate.
  28. Distancing ourselves from extremists. by borgheron · · Score: 4, Insightful

    All,

    It's difficult to believe that these attacks (DDoS) and threats on SCO might be from GNU/Linux users.

    Despite the timing of the attacks, all of the evidence is highly circumstantial.

    We, as a community, however, must distance ourselves from extremists or extremist activities such as this by whatever means possible.

    We cannot compromise our core values which are embodied by the work done on Open Source and Free Software, but we also cannot allow corporations to usurp our hard work.

    We must, *above all else*, allow this to play out in court as this is the *only* way to make certain something like this doesn't happen again.

    This is my message and, while I can't speak for the community, I believe these statments to be undeniable. I, personally, don't think a Linux user is behind the attacks, but if it is, then it's one person or a small group of people who are acting foolishly and should not reflect on the community as a whole.

    Thanks, GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  29. One comment I'd like to have seen made... by hankaholic · · Score: 4, Interesting

    I really wish that when Darl stated that the GPL hadn't been tested in court, someone had pointed out that neither had SCO's assertions.

    At least one argument they're using against the GPL can be used against the claim that anyone should pay them $699 per CPU.

    --
    Somebody get that guy an ambulance!
  30. Because SCO can't even get their story straight by Curtman · · Score: 4, Informative
    Becuase that's all a matter of public record, except for the Unix code. This header file shenanigans is just to distract people from the real issues. The IBM case is unrelated to Linus, its a contract dispute between SCO and IBM. I don't know how 'the core of Linux' became an issue either. None of the things SCO is complaining about would constitute the core of anything, the IBM stuff is all optional. Like SCO said at the beginning of all this, the ABI (header files) is all based on publicly documented interfaces:

    • Blake Stowell: No, none of the code in the Linux ABI modules contains SCO IP. This code is under the GPL and it re-implements publicly documented interfaces. We do not have an issue with the Linux ABI modules. The IP that we are licensing is all in the shared libraries - these libraries are needed by many OpenServer applications *in addition* to the Linux ABI.


    Particularly funny is what happens when you Email SCO asking why you need a license if you aren't using any of the modules involved in the IBM case. Maybe they've come up with an answer by now, but the response I got was 'direct any further questions to the sales department'.