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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...

21 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 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.
    4. 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.
  2. 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 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.

  3. 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.

  4. 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!
  5. Re:Whoaa by B3ryllium · · Score: 5, Funny

    Finally, a true successor to Ernest Goes To Camp.

  6. 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.
  7. 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."

  8. 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.

  9. 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,

  10. 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
  11. 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.
  12. 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 :-)

  13. 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.

  14. 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! :)