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More Responses to de Tocqueville Hatchet Job

akahige writes "Fresh from the debunking of the 'Linus couldn't possibly have written an OS without ripping someone off' book published by the Alexis de Tocqueville Institution, Tanenbaum has published an email he got from the consultant hired to do the code comparison between MINIX and Linux. Among other juicy comments, 'pay no attention to this man.' (There was no stolen code, either.) In related matters, ESR was apparently sent a pre-release excerpt of the book which he completely eviscerates with his usual zeal. Another story on NewsForge." See our previous stories if you're coming to this late.

39 of 435 comments (clear)

  1. Does anybody else find ESR's writing style odd? by lavalyn · · Score: 4, Insightful

    It's reasonable that he was emotionally worked up writing this reply, but the stuttery nature (so many paragraphs of only two sentences!) made it particularly hard to read. It felt incoherent and rushed, like new insults were going straight from brain to keyboard with no later revision.

    A note to email users - it's very easy to make a bad impression with informal writing style!

    --
    Doing the Right Thing should not be preempted by making a buck.
    1. Re:Does anybody else find ESR's writing style odd? by g00set · · Score: 5, Insightful

      I think that is what I like about this style. It is *unrevised* and raw. Note to email users? I don't think this guy is applying for a job. He is letting things flow to the keyborad.

      --
      ... and furthermore ... I don't like your trousers.
    2. Re:Does anybody else find ESR's writing style odd? by Mikkeles · · Score: 4, Insightful
      Yes, I think he should have taken a deep breath and counted to ten before replying :^) For example:
      Proprietary outfits lift code from elsewhere all the time. It is known from behavioral analysis of the Microsoft TCP/IP stack, for example, that they swiped their code from BSD. So there may well be be immense amounts of stolen IP in proprietary code, hidden by commercial secrecy.

      Given that the BSD TCP/IP stack was released under the BSD licence and that MS provides the proper acknowledgements in their documents, this is a red herring. Thus, ESR's concluding sentence does not follow, although it may be correct for other reasons.
      --
      Great minds think alike; fools seldom differ.
    3. Re:Does anybody else find ESR's writing style odd? by finkployd · · Score: 5, Insightful

      I didn't read it that way at all. It sounds like he is saying "We know corporations legally use open source software, but is there any way to know that they don't also illegally use it?" And the answer really is 'no'. Unlike open source projects, (which are quite easy to audit the source of) we really have no idea if corporations are illegally copying open source code or not.

      Finkployd

    4. Re:Does anybody else find ESR's writing style odd? by maximilln · · Score: 2, Insightful

      How about the search of many of the network binaries which returns "Regents of California"? Unless MS decides to bare out all of their source code then the only evidence is behavioral analysis.

      Proprietary software companies could pirate the entire GNU/FSF/Linux/OSS library, charge $500/copy for it, never credit, employ, or even acknowledge the original authors, and the burden of proof would lie with some high school kid who can't even afford to have a consultation session with an IP lawyer--much less be taken seriously. Yet the trolls will argue to their death that there's nothing wrong with the current system of IP, copyrights, and patents.

      --
      +++ATHZ 99:5:80
    5. Re:Does anybody else find ESR's writing style odd? by pyrotic · · Score: 2, Insightful

      Fisking is probably the opposite of blogging. Blogging involves sitting on your ass behind a computer speculating about places you're never been to. Fisking involves getting lynched by angy Afghans, shot at by Israelis, or actually talking to people on the ground. Fisk may not always be right, but he has balls.

  2. Hand behind the Hatchet? by bendelo · · Score: 5, Insightful

    I think the main question that should be asked here, is who is behind the Hatchet Job? Best guesses are SCO and/or Microsoft.

    Any further ideas?

    1. Re:Hand behind the Hatchet? by phearlez · · Score: 5, Insightful

      Never assume conspiracy when simple malevolence will suffice. Never assume malevolence when simple idiocy will suffice. Although SCO/MS may have a motivation, plain old muckraking has been a profitable institution even when there's no specific axes to grind.

      --
      Bad management trumps ideology - Show the world you want better leadership. http://www.timefornewmanagement.com
    2. Re:Hand behind the Hatchet? by afidel · · Score: 5, Insightful

      A lone moron and his publishist trying to sell copy by being sensational about a fairly popular and current topic?

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    3. Re:Hand behind the Hatchet? by Anonymous Coward · · Score: 2, Insightful

      Idiocy wouldn't explain why someone would fly to the Netherlands first-class (and to Norway) when reading a book would have given him more information (see the second rebuttal of Tannenbaum).

      Idiocy would't explain continuous attacks, so to say, to Microsofts main threat.

    4. Re:Hand behind the Hatchet? by Royster · · Score: 4, Insightful

      Someone told Brown that he would find lots of copied code. This is a very Darl-like kind of lie. Brown believed him and wrote his paper probably having the code comparison done was an afterthought. Here is a "researcher" who is used to having people give him the results he paid for.

      Plus, I think that once MS was exposed as a funder of AdTI, they probably cut Brown off dry. I don't think they like their sock puppets exposed like that.

      My money is on SCO as the funder.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    5. Re:Hand behind the Hatchet? by falconed · · Score: 3, Insightful
      With all the recent news about MS and SCO trying to drag Linux down and spread their FUD, as well as AST's reiteration of the beginning of his interview with Ken Brown, I think it's a safe bet that at least MS is behind this. Sometimes I get the feeling that these guys are the only ones that get press time (the "bad guys"); we're the only ones that read the open emails and find out what really happened, while the CEO's and decision makers believe what they see on TV. But there's one prevailing fact that no amount of FUD or muckraking can change: the hackers writing linux are going to keep writing linux. Microsoft can't stop them; they're writing it because they *want* to, not because they're getting paid to. It's going to keep getting better, and more and more people are going to find out about it and use it.

      Now that I've said that, it occurs to me that there is something MS could do to put a significant chink in Linux's armor: submit code that gets distributed in the kernel that was deliberately copied from somewhere else and hope Linus, et al takes the fall for it. Hopefully Linus' new tracking process will mitigate that risk.

      --
      USE='clever' emerge -u sig
    6. Re:Hand behind the Hatchet? by jmv · · Score: 2, Insightful

      No. Thin about it. SCO says "Linus stole our code" because otherwise he couldn't have written a good OS. Now this guy comes up saying "Linus did that with AT's code". It only gives less credit to what SCO's saying, not more.

    7. Re:Hand behind the Hatchet? by k98sven · · Score: 2, Insightful

      AdTI doesn't make it's money of general muckraking, their research is funded by outside parties. There is plenty of evidence of that, and Mr. Brown himself did not deny his research was funded by someone.

      Also, consider that Brown refused to answer a direct question on who was funding his 'research'.

      It is also known that Microsoft has funded AdTI in the past.

      Given that, it does not seem to me that simple idiocy would suffice as an explanation. Unless Red Hat or someone sponsored the research.

    8. Re:Hand behind the Hatchet? by Anonymous Coward · · Score: 1, Insightful

      Idiocy wouldn't explain why someone would fly to the Netherlands first-class (and to Norway) when reading a book would have given him more information (see the second rebuttal of Tannenbaum).

      On the contrary, that sounds like a textbook example of idiocy.

  3. minor flaws in ESR's message? by happyfrogcow · · Score: 4, Insightful

    He says,

    Context and interfaces are everything; unless it has been packaged into a library specifically intended to move, moving software between projects is more like an organ transplant, with utmost care needed to resect vessels and nerves. The kind of massive theft you are implying is not just contingently rare, it is necessarily rare because it is next to impossible.

    Then 5 paragraphs down,

    That a piece of code came from a proprietary vendor is no guarantee that it originated there. Proprietary outfits lift code from elsewhere all the time.

    Sort of contradictory, no? To paraphrase, First he says it's very hard to lift code from elsewhere. Then he says, But some people do it all the time.

    1. Re:minor flaws in ESR's message? by SheldonYoung · · Score: 4, Insightful

      It is not a contradiction at all. In the first part he is stating that unless the code is designed to be used in a library it is difficult to re-use. In the second he says corporations re-use code all the time. The missing link is that the code companies re-use would most often be libraries.

    2. Re:minor flaws in ESR's message? by jdunn14 · · Score: 4, Insightful

      I don't think this is contradictory thanks to that first line: Context and interfaces are everything; unless it has been packaged into a library specifically intended to move. A proprietary vendor could simply lift an entire library, thereby steal implementations of entire APIs. In fact, companies that have been caught with their hands in the proverbial GPL cookie-jar have usually been caught with entire libraries or applications (Dell access points, some set-top boxes with mplayer (think that's right), etc.).

      Personally, I don't think I'll ever understand some people's problem with GPL'ed code. I've seen a number of bitch sessions about "but we don't want to release it". Tough shit, you chose to use GPL'ed code so play by the rules. You don't like the rules, don't use the code. It's not like this license sneaks up on you in the night. During design and implementation someone made a conscious descision about where to get code from. If that choice bites you in the ass, you have no one to blame but that guy.

  4. Re:How long... by Anonymous Coward · · Score: 5, Insightful

    Way before Linux was on anyone's radar, Eric S. Raymond was Usenet's resident expert on Unix opreating systems for the IBM PC and other personal computers. He published a FAQ regularly and reviewed all the personal i386 Unix systems of the day such as Esix, uPort, and SCO. Eric has been at it a long time, and really knows the his stuff.

  5. Free Publicity by earthforce_1 · · Score: 5, Insightful

    If you can't be good, be controversial. All this publicity is just going to sell more books.

    I remember the controversy that existed over "The Satanic Verses" by Salman Rushdie. The novel was proclaimed as blashphemous to Islam, and a fatwah death sentence was pronounced on the author. Of course, the book sold out as fast as they could print copies. A student friend of mine at the time was proudly showing off his brand new hard copy edition he just bought, even though he could hardly afford his next meal. (He considered this a real prize, as they were selling so fast, it was hard to find a copy anywhere) So I started reading. It was an awful, improbable piece of literature, that undoubtably would have sold no more than a few thousand copies if not for the controversy.

    I also remember a story about a US art dealer who was tasked with unloading several thousand prints of a sitting nude from an obsure french painter nobody had heard of. So he displayed the original painting in the front of the store, secretly paid some children a few coins to stand and gawk at it, while calling up the leader of the then equivalent of the "moral majority" with an anonymous tip. He got himself arrested for displaying indecent material, and beat the rap in a high profile trial. Of course the prints all sold out quickly, and the original painting fetched a sizable fortune at auction.

    --
    My rights don't need management.
  6. Ok, so I started reading ESR's response.. by cjwl · · Score: 2, Insightful

    The third paragraph says that software can't be moved, "next to impossible". Then shortly after says that MS swiped the TCP/IP stack from BSD.

    I sorta lost interest after that...

    Not to say code was stolen or his other points are wrong, but his assertion that code can't be lifted I completely disagree with and to start a response with such a crappy premise and then contradict yourself right away doesn't seem like a good plan of attack.

  7. Re:Copy of email, /. effect by 0racle · · Score: 2, Insightful

    I'm sure that the people that employ this 'institute' will either never hear about this or wont care. In short nothing will come of this.

    --
    "I use a Mac because I'm just better than you are."
  8. Re:Like it or not, Linux owes a lot to MINIX by oevren · · Score: 4, Insightful


    It is quite well known that Linus started developing Linux on Minix, before it was self-hosting. I don't see anybody saying otherwise.

    However, the issue is copy-pasting of source code from Minix, not whether Minix was helpful to the development of Linux or not.

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  9. Microsoft and Legal BSD code by DarkHelmet · · Score: 4, Insightful

    From ESR's journal: The point is this: Microsoft (legally) took BSD code, and the only way we know about it is through behavioural analysis.

    I call Bullshit:

    http://www.kuro5hin.org/comments/2004/2/15/71552/7 795/98#98

    To quote the poster for those of you too lazy to click:

    So how can I be so sure about that Microsoft is using BSD licensed code? Well, the BSD license(s) require that the copyright holder is credited in documentation provided with binary distributions of the code. In their release notes for their Windows XP operating system, Microsoft credits a bunch of well-known copyright holders of open source products. It contains credits not only to the University of California at Berkeley, but also companies such as Hewlett-Packard and to individuals such as Luigi Rizzo and Phil Karn.

    ESR, If you're going to be a proper advocate for free source, please be correct about the information you post. Otherwise, you're not much better than Tocqueville in that regard.

    --
    /^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
    1. Re:Microsoft and Legal BSD code by Anonymous Coward · · Score: 2, Insightful

      You misunderstood. ESR said that the only way we can prove that MS used BSD;s TCP/IP stack is by behavioural analysis.

      The fact that MS credits Berkeley doesn't tell us that it used the TCP/IP stack -- only that it used SOME code.

      So we know there's BSD code in there, but don't always know where. The relnotes don't state that the TCP/IP stack is BSD, just that there's BSD code therein.

      So the only way to find out if the TCP/IP stack IS from BSD is by behavioural analysys.

      Comprende?

  10. Re:ESR contradicts himself by Daniel+Dvorkin · · Score: 4, Insightful

    Yes.

    The way I read the article, he's saying that massive code theft is rare and next to impossible for open source developers, because the nature of OSS makes it very hard to conceal such theft; but that closed source developers (i.e., proprietary software companies) can and do steal code frequently, because it's so hard to prove they did it.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  11. If Brown was lying can't Linus sue for slander? by dharma21 · · Score: 5, Insightful

    If Linus's reputation is being harmed by patently false and uncorroborated information for the sake of selling books, does that allow him to sue for slander? If so, any lawyers want to take up this case? Brown is getting a lot of free publicity, and other than the messages on slashdot, I don't see articles on CNET or eweek etc. taking up the other side of the story. A lawsuit would shed light on the book's information gathering practices, or lack thereof.

  12. This book: Much about nothing. by Saeed+al-Sahaf · · Score: 5, Insightful
    This is the kind of "book" that finds itself being sent to corporate execs by "consultants" hired by people with something to gain by the perspective pushed in the "book." You will not find this "book" on the shelves of any university library or Powell's Books, although in time, it might end up in the 50 cent box at a garage sale in some high end neighborhood. This is not a "study" or "paper" or any other kind of examination. It's a professionally written tome of FUD produced for a specific audience, and will be forgotten by next year.

    By the way, the garage sales in the very upper-crusty 'burbs around Redmond make for great places to pick up fairly new tech books for cheap, and now's the season!

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  13. Re:How long... by Anonymous Coward · · Score: 1, Insightful

    I've been around as long as ESR has and I simply don't recognise half of what he describes as the hacker culture. His butchery of the Jargon File is evidence of this.

    His knowledge of UNIX history is pretty much spot on, but then again so is the knowledge of thousands of others, why do we listen to him? He's a self publicist and little else.

  14. Re:There's no doubt about it by Anonymous Coward · · Score: 4, Insightful

    No, he's a hero for utterly destroying Brown's book. The book tries to imply that Linux took code from Minix.

    Linus says that didn't happen. Fine, but he could be lying. Now _Andy_ says it didn't happen, and they both have no problems with each other.

    So the book is utterly pointless. There's no needle, no copying, nothing -- and BOTH sides have stated that!

    Andy is a hero (well, a bit of a hero!) for coming out, being talkative and laying these issues to rest.

  15. Lit Crit by blamanj · · Score: 4, Insightful

    Ok, this is a bit off-topic.

    I'll grant you, Rushdie probably sold a lot of books because of the fatwah. On the other hand, he was forced to live in seclusion, couldn't go anywhere without body-guards, watched his marriage break up, etc. He's often stated that if it was merely to sell books, it "wasn't worth it."

    Personally, I heard about "The Satanic Verses" before the fatwah, and had it on my reading list (though I didn't buy a copy 'til it was in paperback). I loved it and think it's great. Yes, some of it is "improbable," there is a whole genre called magic realism that deals in the improbable.

    Moreover, his creditials were established well before "Verses." His novel "Midnight's Children" won Britian's premiere literary award, The Booker Prize, in 1981, seven years before "Verses" was published.

  16. Calm down and move along... by Saeed+al-Sahaf · · Score: 4, Insightful

    Yes, yes, I suppose some people with nothing better to do might walk around sputtering incoherently and mentioning "libel" and "slander" now and then. On the other hand, more sensible minds will simply ignore Ken Brown and his "institute", knowing that it is common knowledge that he is just another kind of high-priced prostitute. He provides a service kind of like those people who will write college papers and thesis on whatever subject you tell them. No news here, move along...

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  17. Read all of TFA :] by Xenographic · · Score: 1, Insightful
    You need to read all of what he said, he already addressed the point about BSD:


    P.S.: Some readers have pointed out that my lanuage above was unclear in one respect. It is perfectly legal for Microsoft to have lifted code from BSD. But we only know about this because the way TCP/IP implementations respond to certain odd packet types is underspecified in the standard, and it is possible to build family trees of code derivation through behavioral analysis.

    The point is this: Microsoft (legally) took BSD code, and the only way we know about it is through behavioural analysis. So how do we know commercial outfits haven't taken code illegally?
  18. Re:ESR got a copy?! by Dun+Malg · · Score: 3, Insightful
    Maybe it falls under the approach of "there's no such thing as bad publicity" - lord knows ESR won't miss an opportunity to write something where he can work in a way to mention "The Cathedral and the Bazaar." I'm amazed it took him over 1,000 words to get around to it this time.

    Heh. Personally, I have to give him this one. The book is his manifesto on open source software. It's not like the discussion was about the poor quality of judging at last years Ninepins World Championship Tournament (damn those Norwegian judges!).

    --
    If a job's not worth doing, it's not worth doing right.
  19. Re:Microsoft's one rule for success by Anonymous Coward · · Score: 1, Insightful

    What baffles me is why Microsoft doesn't compete on price. A $49.95 full copy of Windows would fly out the door. People would upgrade yearly. Piracy would drop. Microsoft marketshare would be bolstered. Hard to believe how greedy Bill Gates really is. Although, hardware has never been cheaper, MS software keeps going up and up in price.

  20. Re:Ken Brown really doing a social study? by Anonymous Coward · · Score: 1, Insightful
    There is no way he could have thought the book could have been taken seriously, after all.

    Dude, the audience for this book is not comprised of IT workers, CTO's or CEO's, or even the general public. It's for the policy wonks in Washington. The book is nothing more than pure unadulterated lobbying shit. Just like ADTI's "junk science" report that is so often quoted by the tobacco industry and goofball libertarians.

  21. Mods? Parent Troll and Offtopic by blunte · · Score: 3, Insightful

    How is parent interesting?

    It's a slam at ESR that at least in this case is unjustified.

    ESR's response to the report was reasonable and logical, and his boasts about himself weren't boasts as much as they were supports of his credibility to make the statements about the report he made.

    His comment about publishing his change logs is very valid. With a complete, open audit trail, the ethics of OSS developers is usually on display for the world. This is in great contrast to proprietary software, which just based on lawsuits alone we can estimate has frequent theft of code from others.

    His statement about being able to write it himself is reasonable. I'm no rocket ship (to quote Butthead), but even I could write a kernel if I had the drive. Using Tanenbaum's own books on computer architecture, as well as other books and examples. It's not magic. The magic comes much later in the tuning and improvement. Even then, that magic is really just very smart people getting involved.

    On top of all that, parent poster personally has zero credibility ( Anonymous Coward ).

    --
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  22. Re:If Brown was lying can't Linus sue for slander? by Our+Man+In+Redmond · · Score: 3, Insightful

    First off, it's libel when it's printed, not slander. (Although if, for instance, Brown were to spout his nonsense on a talk show, I don't know whether it would be libel or slander. Probably the latter.) Second, to win a libel case you have to prove damages, and you have to prove that the information was both false and malicious.

    In this case, is it false? Yes. Malicious? That's harder to prove, but could be. Damages? There's the rub. Unless this work damages Linus somehow -- he gets thrown in prison because of allegations in the book, or loses his job (which may I remind you is with a group that is undoubtedly aware of Brown's blatant disregard for the truth), neither of which is likely -- damages would be pretty hard to prove. Especially if sales and usage of Linux continue to climb.

    So I think the best course of action is just to refute the FUD everywhere it rears its pointed little head. If Linus were to sue for libel the most likely result would be to make two sets of lawyers richer.

    Of course I could be wrong. John Henry Faulk sued AWARE for libel and effectively ended blacklisting in this country. Something similar might come out of a lawsuit against AdTI, but really only Linus could decide if it's worth the effort.

    --
    Someone you trust is one of us.
  23. One man writes an OS . . by actappan · · Score: 2, Insightful

    You gotta love ADTI's assertion that one person couldn't possibly write and OS. When I was working in a university computing services group - our CS students all had to write their own (however simple) OS as part of an Operating Systems course. They had to do so in order to graduate.

    Of course one man can write an OS. Then, afterwards, thousands of volunteers worldwide can make it a GOOD os.

    --
    \Drew National Data Director, John Edwards for President