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Linus Not The Father Of Linux, According to Report

MrIrwin writes "According to this article on Yahoo, Linus is not the real father of Linux and Open source software is really just code nicked from other sources. " Groklaw has done a dissection of the press release. It's a press release by the Alexis de Toqueville Institution, who gets funding from MSFT, as well as believes that US IT troubles are because of free software. Oh, and terrorism works better because of open source, and the "Star Wars" program was a good idea.

54 of 867 comments (clear)

  1. Seeing as they like history...... by MrIrwin · · Score: 5, Insightful

    .....and seeing as how they have such close ties to MS, perhaps they could run a study as to how Microsoft came to be born.

    --

    And if you thought that was boring you obviously havn't read my Journal ;-)

    1. Re:Seeing as they like history...... by 2names · · Score: 5, Funny
      Does this mean Linus can stop paying child support?

      *ducks*

      --
      "I'm just here to regulate funkiness."
    2. Re:Seeing as they like history...... by kryonD · · Score: 5, Funny

      Yeah...based on the logic presented in that article, he is going to come to the conclusion that Linux was really the result of a gay marriage between Charles Babbage and Alan Turing.

      This is almost as funny as that "5 year study" on the Total cost of ownership of Win2K vs Linux that was released in 2001.

      --
      I've dirtied my hands writing poetry, for the sake of seduction; that is, for the sake of a useful cause. --Dostoevsky
    3. Re:Seeing as they like history...... by MrIrwin · · Score: 5, Insightful

      I was reffereing to the fact that Paul Allen and Bill Gates started Microsoft porting Basic interpreters from a "borrowed" open source base.

      --

      And if you thought that was boring you obviously havn't read my Journal ;-)

    4. Re:Seeing as they like history...... by Zak3056 · · Score: 5, Interesting

      I happen to like the headline of this story from The Register: Alien puppet Linus swiped Linux from SCO, says balanced study. Trust the Reg to put this story in the proper context.

      Of course, what REALLY burns me is the line that says For almost thirty years, programmers have tried to build a Unix-like system and couldn't, somehow suggesting that UNIX is like the the tinfoil hat version of the pyramids of Egypt--some mysterious advanced technology that no one understands and couldn't possibly replicate.

      --
      What part of "shall not be infringed" is so hard to understand?
    5. Re:Seeing as they like history...... by superpulpsicle · · Score: 5, Interesting

      Well the 5 year study is still far better than the M$ commercial having 1 IT guy run the entire IT department because he now has one windows 2003 server replacing many win2k boxes. Then he claims to have saved the company $$$. At the same time M$ goes about saying they help create IT jobs. Wait... your 2003 server allows 1 person to run the IT department.

    6. Re:Seeing as they like history...... by Handyman · · Score: 5, Insightful

      Boy, that's a lousy article:

      1. Since when did NT stand for "Network Technology" instead of "New Technology"?

      2. It calls Windows 3.1 "the second OS with a GUI" (after the Mac), as if 3.1 was the first version of windows ever.

      3. I quote:

      Windows 3.1 was still based on MS-DOS because it was really just a front end. All it did was pass commands to MS-DOS which then passed commands to the kernel.

      Excuse me? What is this "MS-DOS" thing that passes things to "the kernel"? The only thing I can think of is that he might mean the MS-DOS prompt. This sounds as if Windows 3.1 did everything by simulating typing on the DOS prompt (i.e., "pass commands to MS-DOS") and letting the DOS prompt pass things on to "the kernel". My take on this: the kernel is actually what "MS-DOS" really is -- the command prompt is just the equivalent of a shell. I have no clue what separation between "MS-DOS" and "the kernel" this guy had in mind.

      4. Since when did Windows 98SE stand for "Special Edition" instead of "Second Edition"?

      5. Since when was Windows ME a bugfix release for the Y2K problem? I quote: The Y2K (Year 2000) problem was discovered and fixed with the release of Windows ME (Millennium Edition). This is actually funny, so it might be intended as a joke, but I don't think it is.

      6. If Windows NT was really based on the source of VMS, M$ would have definitely been sued. And they haven't AFAIK. Instead, M$ had just been done with the OS/2 cooperation debacle, and it's pretty probable that they took quite a bit of code from that to get them started on NT.

      There's more I could say, but I think this enough.

    7. Re:Seeing as they like history...... by PonyHome · · Score: 5, Interesting

      6. If Windows NT was really based on the source of VMS, M$ would have definitely been sued. And they haven't AFAIK. Instead, M$ had just been done with the OS/2 cooperation debacle, and it's pretty probable that they took quite a bit of code from that to get them started on NT.

      AFAIK, they were sued, and they lost, which is why DEC was allowed to modify NT to run on Alpha systems, and to distribute it themselves. It wasn't an outright theft, but code that migrated into NT with several coders that had come from VMS development.

    8. Re:Seeing as they like history...... by The+Original+Yama · · Score: 5, Funny

      According to The Microsoft Timeline (note: Flash animated):

      "Using the Altair 8800, Bill Gates and Paul Allen develop the first programming language, and begin an extraordinary, history-making journey."

      It looks like Bill and Paul were the proud parents of the a bouncing baby programming language, the first one ever!

    9. Re:Seeing as they like history...... by drinkypoo · · Score: 5, Informative
      3. MS-DOS has a kernel which is an executable loaded into memory first and a shell, e.g. command.com. Windows 3.1 carried everything out via assorted software interrupts and BIOS calls, except for video access, which was done by the driver and probably primarily involved direct video access. By "pass commands to MS-DOS" it means use interrupt 21h, MS-DOS services. The heavy use of the DOS interrupt and BIOS calls meant that windows could support anything dos could support. If you had a special keyboard which operated via a TSR, which in turn was typically activated by INT 16h (keyboard bios functions) as it had patched the vector table, it would work in windows, too.

      Thanks to "Assembly Language for Intel-Based Computers" by Kip R. Irvine (ISBN 0-13-091013-9) for keeping me factual...

      6. Windows NT definitely contains some code from OS/2, which Microsoft ended up licensed to have because of the event you allude to. And, it was authored primarily (in the core) by VMS developers. I'm to lazy to look up which, unfortunately, but the information is readily available.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:Seeing as they like history...... by txviking · · Score: 5, Insightful

      Alexis de Toqueville would spin in his grave if he would know that an institude with his name is publishing a report slandering free (as in freedom) software. They should maybe study Alexis' book about the US democracy a little more !!!

    11. Re:Seeing as they like history...... by RenaissanceGeek · · Score: 5, Informative
      The best part is, they WEREN'T using an Altair 8800 to write the code! (they were a terribly designed machine: a reliable Altair 8800 is practially an oxymoron.)

      In fact, the Altair 8800 hadn't even been RELEASED yet, when they developed Basic for it: they wrote it to run on the emulator that they had written to run on the PDP-10.

      The funny bit? Because it was all emulated, they never needed to actually LOAD Basic onto their test "machine", so they never wrote a loader. Paul Allen wound up coding one up ON THE PLANE TO ALBUQUERQUE to demo the finished product! (hey, it had to be keyed into the unit from the front panel switches, anyway.)

      --
      What is the difference between a small revolutionary change and a large evolutionary change?
  2. Shenanigans by Anonymous Coward · · Score: 5, Insightful
    the "Star Wars" program was a good idea.
    Is that the one where they destroy all copies of Episode 1 and 2 by firing lasers from satellites orbiting Earth? I still think that's a good idea.

    TFA also mentions that Kenneth Brown (braindead author of the book about the study) interviewed RMS, but I fail to see any references to GNU/Linux in the write-up. I call shenanigans. Is it April 1st?

    And finally, cheers to Hemos. There five times as many links in the editorial insert than there are in the actual submission. Someone buy this man a beer.
  3. Someone has to say it by Drathus · · Score: 5, Funny

    "No... I am your father!"

    1. Re:Someone has to say it by Anonymous Coward · · Score: 5, Funny

      Shouldn't that be...

      "Bill turns to the OS community and says: 'No... I am you father!'"

    2. Re:Someone has to say it by callipygian-showsyst · · Score: 5, Funny

      Use the SOURCE, Luke!

  4. What a farce. by grub · · Score: 5, Interesting


    Read to the bottom of the article:
    Brown's study is part a book he is writing on open source software and operating systems. Excerpts from the book will be published at www.adti.net on May 20, 2004.
    That says it all. Inflammatory statements preceding the release of a new book. This latest FUD is nothing more than a book promotion in the guise of a press release.

    --
    Trolling is a art,
    1. Re:What a farce. by yo303 · · Score: 5, Interesting
      To this day, we have a serious attribution problem in software development because people have chosen to scrupulously borrow or imitate Unix

      The author even contradicts himself, as to the motive of open source programmers. Perhaps he meant unscrupulous.

      yo.

    2. Re:What a farce. by swordboy · · Score: 5, Insightful

      The article lost all credibility when they used the word, "invent" to describe the process by which software is created.

      Software is developed, not invented. This is also one of the main reasons that the patent world is all screwed up.

      Oh well...

      --

      Life is the leading cause of death in America.
    3. Re:What a farce. by Lodragandraoidh · · Score: 5, Funny

      I can see the fat cats at the De 'Tokerville' institute, sitting around their conference table, thick smoke overloading the air ventilation system:

      "Yeah - we can kill two birds with one stone: write a book to make more money for our 'institute'.."

      "..I thought it was a 'foundation'..."

      "Whatever..."

      "...and throw out more FUD at the OS communists!!"

      "BRILLIANT!!"

      "Dude!! Are you goin' to Bogart that?"

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
    4. Re:What a farce. by Giant+Panda · · Score: 5, Insightful

      Yes. This is sort of like saying one architect stole a building design from another because it has four sides and a roof.

    5. Re:What a farce. by Tin+Foil+Hat · · Score: 5, Interesting
      And lets not forget their belief that ideas may be owned. You'll find it in point number one at this document, published on the the AdTI website. It contains all sorts of factual errors, misconceptions, and outright lies. It was this quote, in particular, that really set me off:

      "Unfortunately however, the belief in free exchange characterizes a core disagreement with models (ie. proprietary software) that strive to own and protect ideas, to later leverage their value in the marketplace. Thus, mixing the open source world and the patent world has all the makings of an explosive relationship."


      Last time I checked, ideas themselves are not property and cannot be owned. Now, one may secure a right to capitilize exclusively on a new idea (patents), and one my reserve the right to copy original works (copyright), but nobody can own an idea. You may as well try to own the wind.

      In my mind, this is the crux of the matter. Many proprietary software companies want to be able to own ideas, to say, that's my idea and you can't use it unless you fork over all of your dough. They hire pundits and paid-for researchers to make absurd claims as though they are obvious truths.
      --
      No matter how many of my rights are taken away, somehow I still don't feel safe. -Frigid Monkey
  5. BLASPHEMY! by imidazole2 · · Score: 5, Funny

    Thou shalt be excommunicated from the church of *nix!

    --

    -Imidazole2
  6. My initial reaction? by SocietyoftheFist · · Score: 5, Insightful

    Acutal out loud laughter. I don't think that I need any more proof that Microsoft feels very threatened when I see puff pieces like this.

  7. Linus not Father of Linux... by wviperw · · Score: 5, Funny

    Yeah, and Gates is not the father of the BSOD.

    --
    Nothing disturbs me more than blind loyalism towards some unrealistic and over-idealistic notion of one's nationality.
  8. It's gotta be Darl by AtariAmarok · · Score: 5, Funny

    Isn't Darl McBride the true father of Linux? This is why he wants his $699. Effective immediately, Linux will be renamed to Darlsux.

    --
    Don't blame Durga. I voted for Centauri.
  9. AdTI: -1 Troll by Xipe66 · · Score: 5, Insightful

    They're obviously trolling. Don't feed.

    --
    Civilization is the process of setting man free from men.
  10. Strawman.. by k98sven · · Score: 5, Insightful

    Interesting how the whole report seems to be one big straw-man argument.
    (i.e. claiming the other is saying something they're not, and then showing that it is false)

    Their straw-man seems to be the idea (which noone, of course, has claimed) that Linux somehow was created in a vacuum.

    From there they proceed to show how Linux was (*shock*) a clone of Unix!
    (Probably leaving out the fact that there are literally dozens of them.)

  11. then again... by Ryosen · · Score: 5, Funny

    and the "Star Wars" program was a good idea

    ...but not the "Christmas on Endor" version.

    --

    Ryosen
    One man's "Troll, +1" is another man's "Insightful, +1".
  12. Short Summary..... by idfrsr · · Score: 5, Funny


    As far as I can tell, the true father of Linux is in fact Al Gore. He invented it shortly after his fledgling idea of a net-inter caught on and became what we know now as the internet. It was originally called Alix, but had to be renamed due to copyright issues involving a book about wonderland....

    --
    "The large print giveth, and the small print taketh away" -Tom Waits
  13. De Tocqueville by colmore · · Score: 5, Insightful

    De Tocqueville was a late French Enlightenment writer who traveled America and wrote in praise of American civil society, as opposed to French (which after having just gone throught the first revolution, and the dictatorship of Napolean, was looking pretty shitty.)

    Anyway, it's way too early in the morning for me to pull out a page reference, but one of the major themes in his _Democracy in America_ is that American society functions well due to the large number of volunteer organizations that Americans joined in, fire departments, sewing circles, sports clubs, free publications and that sort of thing. These things raise community awareness, and allow the democratic process to work, since he believed that it would fall apart if all democracy was was everyone voting their own pocketbook.

    Anyway, I'd say the Free Software movement in America is certainly a continuation of that civic spirit.

    --
    In Capitalist America, bank robs you!
  14. Obvious problem by tonythepony · · Score: 5, Insightful

    While you cannot group all open source programmers and programs together; many are rigorous and respectful of the intellectual property rights, while others speak of intellectual property rights with open contempt.

    Here's one immediate problem with the way this guy thinks - the two groups of programmers he mentions are not mutually exclusive as he implies. One can speak out about the problems with IP rights and still be respectful and careful about not violating them.

  15. I can prove Linux didn't come from Linus! by cheesedog · · Score: 5, Funny
    The basic argument is:

    1. Linus was a crazy communist college kid
    2. Linux has succeeded where billion-dollar software developments have failed

    And since Lemma 1.7 says "no communist is worth his own weight in dog excrement," it naturally follows that Linux must have originated elsewhere.

    I propose one of the following:

    • Space aliens implanted Linux into Linus as a trojan horse against humanity. After Linux becomes ubiquitous, our intergalactic "friends" will return to harvest our bodies for food.
    • Soviets stole AT&T Unix, used hybrid nordic programmers to improve it with stealth soviet cold-war technology, and unleashed it as a trojan horse against humanity. After Linux becomes ubiquitous, our Russian "friends" will return to harvest our bodies for food.
    • Artificial Intelligence experiments from MIT escaped the lab and created Linux. They then implanted Linux into Linus as a trojan horse against humanity. After Linux becomes ubiquitous, our AI "friends" will return to harvest our bodies for food.
    • Darl McBride created a pile of cotton swabs. He named them "Georgie" and claimed that Georgie was a new type of advanced television technology for watching reruns of the Smurfs. Good for him!

    I think you'll see the logic in all of this immediately.

    1. Re:I can prove Linux didn't come from Linus! by southpolesammy · · Score: 5, Funny

      Space aliens implanted Linux into Linus as a trojan horse against humanity. After Linux becomes ubiquitous, our intergalactic "friends" will return to harvest our bodies for food.

      Cthulhu will not be pleased.

      --
      Rule #1 -- Politics always trumps technology.
  16. NASA probably wrong. Moon may be made of cheese. by khasim · · Score: 5, Funny

    After many interviews with astronauts and rocket scientists, I have determined that the moon is probably made of cheese.

    I tell all in my soon-to-be-released book.

    Find out how NASA lied!

    Excerpts to be published on my website.

    (Note: This is not a shameless self-promotion gimmick. It's not. Really.)

  17. Re:Sounds more like MS/DOS by helf · · Score: 5, Informative

    um.. DOS was written from scratch by Tim Paterson. it was originally called qdos, which stood for "Quick and Dirty Operating System." MS bought the rights to it and renamed it MS-DOS. It looks similiar to cp/m but its an entirely different OS. look here http://www.patersontech.com/Dos/Micronews/paterson 04_10_98.htm

  18. "Scrupulous" Imitation by Bob9113 · · Score: 5, Insightful

    people have chosen to scrupulously borrow or imitate Unix.

    I guess he's saying this to contrast the way Microsoft unscrupulously imitated CPM/DOS, Lotus 1,2,3, Macintosh, WordPerfect, Stac . . .

  19. Ok, I'll bite by jaymzter · · Score: 5, Insightful
    the "Star Wars" program was a good idea</sarcasm>

    _Star Wars_ was a good idea. The same way successive U boat campaigns against the British were a good idea, the same way Sherman's march to the sea was a good idea. IOW, hit them in the wallet or flatten their production capability. Because of the great debate on Star Wars and the intransigence of the Reagan administration on the issue, the Sovs had to take it as something plausible, and thus we were able to force them to divert funds and resources to a possible chimera.

    It doesn't matter whether you think Star Wars can work now or not, it's been almost 20 years since it was first proposed, so the reality now has no bearing on then. For what it was used to accomplish, Star Wars was a great idea.

    --
    If thou see a fair woman pay court to her, for thus thou wilt obtain love
  20. Uh huh.. by Anonymous Coward · · Score: 5, Insightful

    And Honda cars are a 'stolen product' because they have steering wheels and gearshifts just like Fords.

  21. That is not terribly accurate by FreeUser · · Score: 5, Insightful

    Linux started out as a Minix clone. Though it is more than that now, it's roots lie much closer to Andy Tannenbaum than they do to the Finn.

    There is nothing to "admit." Linus wrote Linux as a i386 replacement for MINIX (which only ran on 80286 machines) because he wanted a UNIX he could use and play with on his hardware. He wrote the entire thing from scratch ... not using a single line of Tannenbaum's available, but not open source or free, source code.

    Anyone looking at the old Tannenbaum book (which has the source code to MINIX in it) and the early Linux kernel code can easily tell they were written independently of each other. Anyone, that is, without an anti-free software agenda and ax to grind...

    Calling Linux a MINIX clone is about as accurate as calling Linux an AT&T Sys V or generic UNIX clone ... that is to say, partially true, but also not really correct, and an overall mischaracterization of the effort (an OS written completely from scratch, not copied from another) and the goal (a usable, free UNIX-clone, not a usable, free, specific-UNIX-implimentation clone).

    --
    The Future of Human Evolution: Autonomy
  22. Windows Vs. Linux in TCO by Orion+Blastar · · Score: 5, Insightful

    I love the Linux Mainframe comparison, they compare Linux on an IBM mainframe to Windows 2003 Server on a dual Xenon server. Then cite the Linux machine as having a higher TCO becuase of the cost of the mainframe, the power bill, the maintenance contract, etc.

    Or how about the Windows vs. Linux report that does not put a cost on the security breaches and malware attacks on Windows systems?

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    1. Re:Windows Vs. Linux in TCO by sharkey · · Score: 5, Funny
      Windows 2003 Server on a dual Xenon server.

      Just wait until you see it on a Neon server. It'll be a glowing review!

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  23. Re:Linus Torvalds should sue the author by jdreed1024 · · Score: 5, Insightful
    Linus Torvalds should sue the author for libel and defamation of character (and extend it to slander if the author is making oral statements publicly).

    If you RTFA, you'll see there's a whole lot of conditionals in there. AdTI might be a bunch of idiot sheep, but I bet they have a halfway competent legal department that would make them stop short of anything that could get them sued. And we don't know the sources. I mean, I could go find a bunch of conspiracy mags and websites and use them as a source to write a press release that says "Surgeon General might be controlling minds with flu shots". Heck, I have my "sources". And I didn't make any accusations, just threw the idea out there. I'm pretty sure the surgeon general can't sue me for that. (The government can throw me in Guantanamo Bay, but that's different).

    What Linus _should_ do is write a well-thought-out rebuttal and get it into the major news outlets to let everyone know how ridiculous these claims are. This is one of the few times when something ridiculous does merit a response. If it was from some wacko on Usenet, sure, ignore it, no one will care. But rebutting their claim and providing solid proof will help publically discredit this istitute, which is exactly what is needed.

    --
    There is no sig, there is only Zuul.
  24. Murky FUD by catdevnull · · Score: 5, Informative

    Uh, I think Linus's claim to the first Linux kernel is quite valid and he cited prior art:

    "As I mentioned a month(?) ago, I'm working on a free version of a minix-lookalike for AT-386 computers."

    I think the lineage to Unix via minix is obvious. Linus wrote his own kernel. The other pieces may have already existed, but the kernel was new. Unless he stole it from another Linus who conveniently named the project "Linux" after himself.

    Over the last 13 years, many others contributed to the kernel and development which, according to SCO, may have included some questionable copy-paste commands, but I think the beginning is clear and the origins are clearly cited.

    See here:
    http://groups.google.com/groups?selm=1991Oc t5.0541 06.4647%40klaava.Helsinki.FI

    I'm not sure the author of the article really understands what Linux is and what Linux is not. He is right about varying degress of fanaticism and the very loose definition of "open source." No matter where you get your software, you're at the mercy of the developer to maintain it--commercial or open source. For example, I think the Linux community has been very good about responding to security issues compared to much larger corporations who have a very loose definition of quality control. When those corporations begin to loose money to smaller groups who out perform, then those corporations pay for studies that skew the truth and spread FUD.

    Read the article--the math isn't all that fuzzy.

    --

    I might know what I'm talkin' about, but then again, this is Slashdot...
  25. Re:AdTI: Handouts for Neocons by ChopsMIDI · · Score: 5, Informative

    Fact: AdTI employs John Norquist [adti.net], the not-so-big-time younger brother of big-time conservative activist Grover Norquist [mediatransparency.org].

    Using John Norquist as the example here is a bad idea, since (even though his brother may be conservative) John Norquist is in fact quite the liberal (Up until a few months ago, he was mayor of Milwaukee, where I live, for many,many years).

    Hardly the "Neocon" you claim him to be.

    --

    How could I say to men: "Speak louder, shout! For I am deaf!"? -Ludwig van Beethoven
  26. No rebuttal necessary by TrekkieGod · · Score: 5, Insightful
    What Linus _should_ do is write a well-thought-out rebuttal and get it into the major news outlets to let everyone know how ridiculous these claims are.

    I don't think Linus should bother. As it is, everyone who matters can see how ridiculous that is. If Linus places a rebuttal in major news outlets, it'll give credibility to these people (or at least more public controversy, as they will post a response themselves, then Linus will have to reply, and this will continue to go on fueling publicity for Brown's book). They WANT people to take them seriously and reply. They're powerless if we don't.

    Really...I'd just rather see Linus's usual witty replies in a board somewhere, definitely not in a major news outlet. It won't give them fuel to their campaign and I'll be able to laugh, perhaps as much as I laughed after reading their press release.

    --

    Warning: Opinions known to be heavily biased.

  27. Complimentary tin-foil considerations by maximilln · · Score: 5, Interesting

    At first reading I saw this as a deplorable move to sway public opinion against Linus, Linux, and other open source providers. After a few moments of thought, however, I see that this may be the forefront of a larger, even more deplorable, endeavor. Consider the following quote:

    -----
    "The report," according to Gregory Fossedal, a Tocqueville senior fellow, "raises important questions...While you cannot group all open source programmers and programs together; many are rigorous and respectful of the intellectual property rights..."
    -----
    Could this be a movement to undermine Linus' right to release Linux under GNU/GPL? Could this even be the beginning of legal research to undermine GNU/GPL itself?

    If enough lawyers and businessmen can be swayed to believe that Linux itself is a product of UNIX then, though a convoluted interpretation of patent law and prior art, is it possible to invalidate GPL as it applies to programs written to conform to POSIX standards? Can the publishing rights for POSIX compliant programs then be assigned to the creators of the POSIX standards or the organizations that have implemented them first: ie. Bell Labs, AT&T, and UNIX?

    Consider that MS didn't invent HTML, TCP, SMTP, or other common standardized protocols yet they seem to have an enormous amount of intellectual property assigned to them which prevents other people from producing software which competes with them in those arenas on the MS platform. I don't know the nature of the POSIX organization, where it's funded, or how cohesive it is with respect to legal and business support. However it does seem possible that malicious lawyers could argue that *NIX type operating systems, patented by corporate entities, are the first major implmentation of POSIX standards and that any products which come afterwards are an infringement of those intellectual property rights. This then leads to the arena of the status and age of the patents and how willing the original patent holders would be in funding the legal endeavor to pursue this track.

    It sounds far-fetched but we all know that this similar roundabout claim of intellectual property has been pursued by SCO. With MS grasping for straws to slow the advance of Linux it could be a legal filibuster to sandtrap Linux. MS and their allies can afford enormous teams of lawyers that can turn out legal briefs by the thousands and the stories of their rapid acceleration of patent submission have also become popularly known. With enough patent filings and a popularly accepted, however untrue, argument about the nature and origin of Linux and its right to be distributed under GPL it might be their strategy to legally discourage organizations from adopting it.

    With enough legal clout it is conceivable that, if the legal community could assign POSIX standards and *NIX operating systems as prior art preceding Linux, that they could force Linus to legally accept being bought out by the major operating system vendors who could choose to shelf it or turn its direction into nonproductive, bloating development.

    The 100 mpg carburetor may be tin-foil but this situation is certainly real.

    Consider this analogy: intellectual property is like a liquid beverage. It's everywhere and everyone has some. One day a large corporation patents lemonade. A week later a local company begins producing lemonade and giving it away for free charging only for the cost of distribution and the container (a cup, glass, mug, whatever). A month later the large corporation claims that its lemonade patent incorporates the property of any similar beverage based on lemons and sends a team of lawyers to shut down the local lemonade company. In this analogy software is a beverage. POSIX is a lemon based beverage. The large corporations would be those who made *NIX type operating systems and the local distributor would be Linux.

    --
    +++ATHZ 99:5:80
  28. Its not invention by tkrotchko · · Score: 5, Insightful

    There is a creative process involved with writing software, but its no more invention than the act of writing music is called "inventing music".

    Music is "composed".
    Software is "developed".

    There's nothing "inventable" about software.

    Unless you think Hayden should have took out a patent on the "Symphony"

    "Collection of music that is played by many musicians such that music is broken into theme, counterpart, resolution in 1 to multiple parts. Music is group together to form a sound picture which is then used to inspire both performer and audience. It includes the following elements:
    1) White pages with black dots on them to represent exact musical score
    2) Wood or metal instrument which is plucked or blown to create sound
    3) Sound in claim #2 is used in accordance with claim #1 to produce sound that has coherence
    4) Each musician has a slightly different copy of the music
    5) The claims in #4 when performed in exact time increments produces sound variations that are impossible with a single instrument.
    6) Additional performer (known as conductor) will stand and wave arms
    7) Said conductor in claim 6 will wave arms in unique motion depending on type of time in part 5 above such that there is a distinct way of waving arms according to number of beat in measure
    8) As music is broken into movements, time may be taken to give audience a rest. Audience may leave to get drinks in the lobby at this time.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  29. Microsoft's history of dishonesty and crime by Anonymous Coward · · Score: 5, Interesting

    > I was reffereing to the fact that Paul Allen and Bill Gates started Microsoft porting Basic interpreters from a "borrowed" open source base.

    Why stop there? Almost every victory that Microsoft can claim has been achieved through dishonest, if not criminal means. Consider...

    MICROSOFT DEFEATS DR-DOS BY:

    - Fraud: Windows issues a warning about DR-DOS that MS knows is false.
    - FUD: The DR-DOS evidence includes Microsoft memos planning the FUD campaign.
    - Sabotage: Windows 95 has secret calls to prevent it from running on DR-DOS.
    - Sabotage: MS purposely keeps DR-DOS out of the Windows Beta-test program (also documented by evidence).

    MICROSOFT DEFEATS GEOWORKS BY:

    - Sabotage: New MS-DOS release causes Geoworks to fail.

    MICROSOFT DEFEATS WORDPERFECT BY:

    - Fraud: MS publicly announces that OS/2 is the future direction.
    - Sabotage: MS provides WordPerfect with faulty Windows APIs.

    MICROSOFT DEFEATS OS/2 BY:

    - Fraud: Microsoft pretends to support OS/2, then abandons it.
    - FUD: Microsoft pays people to disparage OS/2 in posts in forums, letters to the editor, etc.
    - Suspected Theft: Microsoft is believed to have borrowed OS/2 IP to use in Windows 3.1.
    - Suspected Sabotage: Microsoft is believed to have provided less than their best code for OS/2.

    MICROSOFT DEFEATS AMIPRO BY:

    - Sabotage: Windows 95 causes AmiPro function-keys to break.

    MICROSOFT DEFEATS NETSCAPE BY:

    - Contract Interference: Microsoft pays sites to stop using Netscape (thus "cutting off Netscape's air supply").
    - Extortion: Microsoft threatens VARs who preload Netscape.
    - Extortion: Microsoft threatens Apple with the cancellation of MS Office for the Mac, unless Apple drops Netscape.

    MICROSOFT ATTEMPTS TO DEFEAT JAVA BY:

    - Sabotage: Microsoft tries to "kill cross-platform Java by growing the polluted [J++] Java market."
    - Fraud: Microsoft memo shows plan to keep quiet about the incompatibilities so that J++ users will unintentionally create Windows-only code.

    AND NOW MICROSOFT IS ATTEMPTING TO DEFEAT LINUX BY:

    - Fud: Obviously.

    - Fraud: False claims, planted by partners like Toqueville.

    - Legal Attacks: Microsoft funded the SCO attack.

    - Patents: Future.

    - Legislation: DRM, etc.

    - Proprietary Internet Protocols: MS Multimedia formats, .Net authentication protocols, DRM.

    - Secret Hardware Protocols: Working with partners like NVidia (closed source drivers), ATI (closed source drivers), and AMD (the unpublished memory-access fix).

    - Locking-in Linux: Working with partners like NVidia and ATI (closed source drivers), possibly Trolltech (the proprietary version of Qt, Qt support for .Net), possibly CodeWeavers (promoting MS Office on Linux, and ActiveX on the Internet), possibly Xandros and a couple of other Linux distributers (proprietary Linux admin tools, Qt-only desktop environment, promoting MS Office on Linux, etc.), possibly Macromedia (Flash), and who knows who else.

    - Infiltration: MS plants joining Open Source projects to cause interference, wearing out the leaders through constant complaining, driving away other developers by acting like jerks, pushing the project in bad directions, etc.

    - Infiltration: MS plants joining Open Source projects and pretending to be die-hard supporters, then pushing for overly-tight licensing, convincing others to add special restrictions that limit the software's use (possible examples: DotGNU, XFree86), using LGPL for what should be BSD (CodeWeaver's Wine), using GPL for what should be LGPL (MySQL), and so on.

    AND JUST GENERAL DESTRUCTION...

    1. Re:Microsoft's history of dishonesty and crime by 0x0d0a · · Score: 5, Interesting

      Uh...while a lot of this is true (and some is clearly stuff that folks are justified in being suspicious of but will never, ever be able to prove), there are some awfully bizarre claims here, and plenty of speculation.

      - Fraud: False claims, planted by partners like Toqueville.

      You have no knowledge that this particular instance was instigated by Microsoft. Microsoft has *definitely* paid off "independent researchers" to come up with misleading studies in the past, but this is not in the least unusual for large companies in the technology industry, much as I hate to say it.

      - Legal Attacks: Microsoft funded the SCO attack.

      This is certainly worth looking into, but it's not as cut-and-dry as you're making out.


      - Secret Hardware Protocols: Working with partners like NVidia (closed source drivers), ATI (closed source drivers), and AMD (the unpublished memory-access fix).


      Microsoft has not, to the best of my knowledge, conducted a "secret hardware" campaign or anything of the sort. A lot of the industry is (unfortunately) secretive for competitive reasons -- that doesn't mean that Microsoft is behind it, or even actively encouraging it.

      - Locking-in Linux: Working with partners like NVidia and ATI (closed source drivers), possibly Trolltech (the proprietary version of Qt, Qt support for .Net), possibly CodeWeavers (promoting MS Office on Linux, and ActiveX on the Internet), possibly Xandros and a couple of other Linux distributers (proprietary Linux admin tools, Qt-only desktop environment, promoting MS Office on Linux, etc.), possibly Macromedia (Flash), and who knows who else.

      Absurd. This isn't even remotely plausible. You have no evidence to back this up, numerous statements to the contrary from reputable people (if you think that Miguel de Izca is lying and secretly being paid off by Microsoft for doing Mono, and that TrollTech is in bed with Microsoft (instead of the much more obvious just trying to make a buck on their products)) you're loony.

      - Infiltration: MS plants joining Open Source projects to cause interference, wearing out the leaders through constant complaining, driving away other developers by acting like jerks, pushing the project in bad directions, etc.

      Sorry. People are jerks on their own. Microsoft may do this in the future on strategically valuable projects (it's clearly a viable and legal strategy), but I doubt it.

      - Infiltration: MS plants joining Open Source projects and pretending to be die-hard supporters, then pushing for overly-tight licensing, convincing others to add special restrictions that limit the software's use (possible examples: DotGNU, XFree86), using LGPL for what should be BSD (CodeWeaver's Wine), using GPL for what should be LGPL (MySQL), and so on.

      [Laughs] If Stallman and friends, with their pro-GPL rhetoric, are Microsoft shills, they could just revise the GPL. That's absurd.

      The most egregious things that we know happened that I think I'd highlight would be:

      * Netscape's server compatibility and attacks on the client by servicing MSIE clients first. These are clear, true cases of anticompetitive behavior.

      * Microsoft deliberately monkeying around with DR-DOS compatibility in their applications.

      * Microsoft working hard to keep protocols and formats closed and avoiding third-party compatibility to promote lock-in. Not that unusual for the technology industry, sad to say. The Kerberos SMB stuff was a good example.

      * Driver signing -- the claim that it's "for security" or "reliability" is as ridiculous as the claims of DRM being "to promote end-user security against malware", and everyone involved is quite aware of the fact. It's to give Microsoft a powerful club.

      * OEM pressure. Bundling, doing Windows only, etc.

      * Using Office support as a club against Apple.

      * Microsoft attempts to make Java Windows-specific have not, as far as I know, been demostrated clearly enough for a court to decide against them, but I'd say that most folks can comfortably say that Microsoft had malicious intent.

      * Anti-GPL propaganda and misinformation. It's not as if many GPL fans don't do the same to Microsoft, mind you.

    2. Re:Microsoft's history of dishonesty and crime by Anonymous Coward · · Score: 5, Informative

      > Just one bit of [proof] would be enough for me to not think you are some insane zealot.

      If you insist...

      Evidence of sabotage and fraud in The Sun vs Microsoft case:

      Memo to Bill Gates from the manager responsible for Microsoft's Java strategy:

      > When I met with you last, you had a lot of pretty pointed questions about Java, so I want to make sure I understand your issues/concerns....

      > 1. What is our business model for Java?

      > 2. How do we wrest control of Java away from Sun?

      > 3. How do we turn Java into just the latest, best way to write Windows applications?

      > 4. What are we doing to leverage/expose Windows to Java developers?

      Microsoft's pricing strategy paper for its VJ++ development suite:

      > The "strategic objective" of its new toolkit is to "Eliminate/contain cross-platform Java by growing the polluted Java market," "migrate and lock Java developers to Win32 Java," and ultimately to "kill cross-platform Java by grow[ing] the polluted Java market."

      Statement by a Microsoft vice president:

      > I would explicitly be different -- just to be different.... [W]ithout something to pollute Java more to Windows (show new cool features that are only in Windows) we expose ourselves to more portable code on other platforms.

      Another Microsoft memo:

      > At this point its [sic] not good to create MORE noise around our win32 java classes. Instead we should just quietly grow j++ share and assume that people will take advantage of our classes without ever realizing they are building win32-only java apps.

      Evidence of contract interference and extortion in The DOJ versus Microsoft case:

      > "Content drives browser adoption, and we need to go to the top five sites and ask them, "What can we do to get you to adopt IE?" We should be prepared to write a check, buy sites, or add features -- basically do whatever it takes to drive adoption."

      > Gates wrote, "Apple let us down on the browser by making Netscape the standard install." Gates then reported that he had already called Apple's CEO (who at the time was Gil Amelio) to ask "how we should announce the cancellation of Mac Office...."

      > In Waldman's words: Sounds like we give them the HTML control for nothing except making IE the "standard browser for Apple?" I think they should be doing this anyway. Though the language of the agreement uses the word "encourage," I think that the spirit is that Apple should be using it everywhere and if they don't do it, then we can use Office as a club.

      Evidence of intentional destruction of standard protocols in the Microsoft Halloween Document:

      > "OSS projects have been able to gain a foothold in many server applications because of the wide utility of highly commoditized, simple protocols. By extending these protocols and developing new protocols, we can deny OSS projects entry into the market."

      And so on.

      There is so much evidence that this (sabotage, fraud, and extortion) is Microsoft's normal way of operating, that the "zealot" position is anyone who attempts to claim that Microsoft is honest.

      As to what Microsoft is currently trying to do to defeat Linux, there was obviously some speculation there, which I indicated by repeated use of the word "possibly."

    3. Re:Microsoft's history of dishonesty and crime by Anonymous Coward · · Score: 5, Insightful

      Also:

      MICROSOFT DEFEATS STACKER (Disk Compression) BY:

      - Fraud: Microsoft incorporates the Stacker code, even the comments. MS lawyers drag out their defense of the suit against them until Stacker is bankrupt, then settle when the company has been forced out of business.

    4. Re:Microsoft's history of dishonesty and crime by feidaykin · · Score: 5, Insightful
      This is easily one of the best posts I've ever read on Slashdot. Not only did you manage to site examples in which Microsoft has abused its monopoly position, you never once actually called them a monopoly, allowing the reader to come to that conclusion by reading the examples.

      Also, you didn't use the term "M$" and refrained from calling their employees "cockmasters" which, I must say, is somewhat of a rarity on Slashdot when discussing Microsoft. So bravo, AC. Excellent job. A lot of my Microsoft-loving acquaintances will find the URL to this post in their inbox very soon.

      --

      "To confine our attention to terrestrial matters would be to limit the human spirit." -Stephen Hawking

  30. My take. by bgeer · · Score: 5, Interesting
    I'm seeing a lot of theories about the motivations behind this press release--that they want to smear Linus personally, that they are trying to provoke a response, and so on. I think it's much less ambitious than that, but I also think they were successful at their goal. Let's look at the very first paragraph:

    "Popular but controversial 'open source' computer software, generally contributed on a volunteer basis, is often taken or adapted from material owned by other companies and individuals, a study by the Alexis de Tocqueville Institution finds."

    I think the whole point of this was to get out the adjective "but controversial". The adjective was repeated verbatim in the Yahoo article without a quote attribution. That means that everyone who read it on Yahoo thinks that the reporter is making that characterization.

    I think MS has a new strategy, one borrowed from the Bush administration: In the run-up to the Iraq war Bush and his cronies would answer every question about Iraq using the words 'war on terrorism' and 'september 11th'. Even though they never once claimed that Iraq was involved in 9-11, just from word association 53% of Americans believe Hussein was personally involved in it and 44% believe that most or some of the hijackers were Iraqis.

    I think MS wants to put this word-association strategy to work for itself. By getting attack dog think-tanks to put out press releases connecting Linux with words like 'controversial' or 'unscrupulous' in the first paragraph, MS would be able to damage Linux's credibility without having to put forth an actual argument. If they can get their blurbs read often enough, it might even stick.