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50K Linux Man Bites At Merkey.net

magnany writes "In a recent article, former TRG CEO Jeff V. Merkey had offered to pay 50K USD for a BSD-licensed Linux. Groklaw did a followup on his offer, to which Jeff responded by notifying the FBI of Groklaw's 'hate crimes violation.' Merkey doesn't exactly have a great record, either, which is made even more apparent by his recent threats to file suit against Merkey.net for slander and trademark infringement, amongst others. In addition, he has also reported Merkey.net to the FBI's hate crime department. What could Merkey.net do to get Jeff V. Merkey off their backs?"

248 comments

  1. Grammar in the Letter? by Gil-galad55 · · Score: 4, Insightful

    There are numerous spelling and grammar errors in the letter that Merkey supposedly posted, and note the blatant CC to Maureen O'Gara. I don't know, my troll alarm is going off. Is it legit?

    --

    To follow knowledge like a sinking star, / Beyond the utmost bound of human thought. ("Ulysses", Tennyson)

    1. Re:Grammar in the Letter? by Anonymous Coward · · Score: 1, Informative

      Check the kernel mailinglist archive - Merkey *is* a troll! Or at least seriously mentally handicapped.

    2. Re:Grammar in the Letter? by metlin · · Score: 5, Funny

      He's probably looking for a new job.

      Maybe a Slashdot editor? ;-)

    3. Re:Grammar in the Letter? by Anonymous Coward · · Score: 5, Funny

      > Or at least seriously mentally handicapped

      The guy was Chief Architect for NetWare, so that much should be obvious.

    4. Re:Grammar in the Letter? by onion2k · · Score: 5, Interesting

      Note that "forums.merkey.net" is the "winner of the first round of Nigritude Ultramarine", an SEO competition to find new ways to get things in search engines. The entire thing is liberally scattered with references to Seraphim Proudleduck, which I can only guess is round 2.

      This entire thing is an attempt to win a competition designed to find new ways to spam Google.

      Well done Slashdot, what a guy to help out..

    5. Re:Grammar in the Letter? by Nogami_Saeko · · Score: 0

      It's also somewhat ironic that "he" uses the phrase "Yellow Journalism" in there, which should he need enlightening, is a racial slur itself.

      So maybe he should be the one reported for "hate crimes"...

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
    6. Re:Grammar in the Letter? by Anonymous Coward · · Score: 1, Informative

      Huh? I thought it was named after the "Yellow Kid" comics. That's a racial slur exactly how?

    7. Re:Grammar in the Letter? by Anonymous Coward · · Score: 2, Informative

      Actually it was from the cheap paper the sensational papers of the time were printed on.

    8. Re:Grammar in the Letter? by magnany · · Score: 1

      I'm sorry but it isn't. Along with other Merkey members, I was "WTF?" when this was posted and I thought it was a very late April Fool's Joke. Well, this guy is serious. (w00t, first /. story accepted)

    9. Re:Grammar in the Letter? by dangermouse · · Score: 2, Informative
    10. Re:Grammar in the Letter? by arivanov · · Score: 2, Informative

      Quite likely. Look at his previous pearls of wisdom in the LKM archive.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    11. Re:Grammar in the Letter? by schleyfox · · Score: 0

      has netcraft confirmed it?

  2. Give him 50K USD by rokka · · Score: 5, Funny

    Offer him 50K USD to make him behave as if he was released under a BSD-license.

    --
    I could be wrong. I'm always wrong...
    1. Re:Give him 50K USD by TheRaven64 · · Score: 2, Interesting

      That would let us make copies and derived works and distribute them (with or without the source code). Somehow, I don't think the idea of making copies of this guy would be entirely popular. I suspect that more people would be interested in `modifying' the original...

      --
      I am TheRaven on Soylent News
    2. Re:Give him 50K USD by LiquidCoooled · · Score: 3, Funny

      Netcraft confirms it, Jeff V. Merkey is dying...

      Oh I cant even do it in jest, lets just print out the entire Linux kernal and force feed it to him page by page.
      Should keep him semi quiet for a while.

      --
      liqbase :: faster than paper
    3. Re:Give him 50K USD by mefus · · Score: 1

      I don't think the idea of making copies of this guy would be entirely popular.

      I'm sure that if you studied him enough you could figure out where to tweak him to make him run. More stable, I mean.

      --
      mefus
      In Open Society, GPL Software frees YOU!
    4. Re:Give him 50K USD by SarekOfVulcan · · Score: 1

      Argh. That was the scene in The Cook, the Thief, His Wife, and Her Lover that came closest to making me lose it...

  3. totally uncool Slashdot links? by Anonymous Coward · · Score: 5, Funny

    Related Links
    Best deals: Censorship

    1. Re:totally uncool Slashdot links? by Drathos · · Score: 1

      I dunno..

      I found the "Best deals: The Courts" rather amusing..

      --
      End of line..
    2. Re:totally uncool Slashdot links? by 33degrees · · Score: 1

      Personally, I'm more interested in comparison shopping for The Internet

  4. Sue him for libel by n0alpha · · Score: 5, Insightful

    He's clearly trying to defame GrokLaw and put it's credibility into question. Why not sue him for libel, and tack on a charge that he's trying to con the Linux community into selling their nestegg to him for a mere pittance of what he would make if the deal went through?

    1. Re:Sue him for libel by downbad · · Score: 2, Informative
      tack on a charge that he's trying to con the Linux community into selling their nestegg to him for a mere pittance of what he would make if the deal went through
      that's not a crime.
    2. Re:Sue him for libel by arivanov · · Score: 1

      Been done before. In fact Groklaw posted bits from the previous ruling. I had a good laugh reading it. After all, you do not see a court ruling saying that the defendant has delusions every day. It is something more often found psychiatric paper.

      One thing which Groklaw missed in their analysis at the time - the ruling did not prevent him from doing similar things later on.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    3. Re:Sue him for libel by surprise_audit · · Score: 1
      One thing which Groklaw missed in their analysis at the time - the ruling did not prevent him from doing similar things later on.

      I don't think that's too surprising - who would think that he would do it all over again after a judge issues a ruling saying he's delusional?? On the other hand, maybe his delusions include a belief that the judge was talking about someone else... :)

    4. Re:Sue him for libel by Anonymous Coward · · Score: 0

      tack on a charge that he's trying to con the Linux community into selling their nestegg to him for a mere pittance

      That's not a crime, that's normal business practice.
  5. Interesting Merkey Post by Anonymous Coward · · Score: 5, Informative

    After weeks of spreading FUD to the point you would think the guy is mentally challenged, he posted what might be seen as an apology:

    http://www.uwsg.indiana.edu/hypermail/linux/kernel /0410.3/0506.html

    1. Re:Interesting Merkey Post by iota · · Score: 5, Insightful

      Interesting bit:

      Linus Torvalds (and myself) are entitled to apolgies from GrokLaw, and SCO regarding
      their false and misleading claims Linus missappropriated trade secrets or infringed their
      copyrights and that I was involved in a scheme with SCO to further their false,
      misleading, and libelous allegations. Groklaw has also posted numerous emails and
      comments attributed to me which I did not author which libel Linus and myself, and
      were designed to create and perpetuate animosity in the Linux Community.


      ... and ...

      I thank Linus Torvalds for being a true friend and working with me to resolve these
      issues, despite all the heat and mud flying around.


      Seems like he's just trying to associate his name as closely as he can with Linus (and thus represent an "official" linux line) ... Or maybe he and Linus really are buddies...

    2. Re:Interesting Merkey Post by Anonymous Coward · · Score: 3, Insightful

      > Or maybe he and Linus really are buddies...

      Definitely not!

    3. Re:Interesting Merkey Post by Anonymous Coward · · Score: 5, Informative

      Linus basically said "please stop mailing me" at one point in the thread, nothing else.

    4. Re:Interesting Merkey Post by Anonymous Coward · · Score: 0

      Linus seemed offended by Jeff cc'ing him soo much. I don't blame him either, I don't want that psycho e-stalking me.

    5. Re:Interesting Merkey Post by Anonymous Coward · · Score: 0

      I bet he doesn what I do, set up a nice rule to foward all mail from him right to /dev/null

    6. Re:Interesting Merkey Post by Anonymous Coward · · Score: 1, Informative

      For the record, here's the post by Linus...

      http://www.ussg.iu.edu/hypermail/linux/kernel/04 10 .2/2845.html //fatal

    7. Re:Interesting Merkey Post by Anonymous Coward · · Score: 0

      A simple Google search will show what a fool Merkey is...
      Laugh at fools, that's what they're for, right?

    8. Re:Interesting Merkey Post by Anonymous Coward · · Score: 0

      I remember this line from "Ford Fairlane":

      So many assholes, so few bullets.

    9. Re:Interesting Merkey Post by KuroiHisoka · · Score: 1

      I'm Quite sure in numerous recent interviews of Linus, when asked about groklaw he has only supported them. The mention of the Linux community bveing against groklaw and that they hide be hind people makes it obvious that it is probably not real and is simply a troller or he is a very very uninformed person who is not even remotely grounded in reality. This whole thigns seems to be fud, unless he really is that stupid, but id like to believe there is no human being as stupid as the person who wrote the post.

      sorry for the grammar and spelling

  6. Re:One easy solution by ClamChwdrMan · · Score: 5, Funny

    Where's the BOFH when you need him?

  7. To Borrow a Quote... by pegasustonans · · Score: 5, Funny

    "The mission is to rout [Merkey], to find [him] and bring [him] to justice[...] Or, as I explained to the [people of Slashdot] in Western terms, to smoke [him] out of [his] caves, to get [him] running so we can get [him]."

    Thanks George.

    --
    And all our yesterdays have lighted fools The way to dusty death. --Will
  8. He does have a point by Monkelectric · · Score: 4, Insightful

    Groklaw is biased against bullshit. And this guy seems to be mired in it.

    --

    Religion is a gateway psychosis. -- Dave Foley

    1. Re:He does have a point by sepluv · · Score: 2, Funny
      Groklaw is biased against bullshit
      Kind of the opposite to /. then...
      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
  9. This guy is just like by Anonymous Coward · · Score: 0

    Mike Collins from Linux Media Arts. Quite the used car salesman...

  10. -1 Troll - come on.. by Artega+VH · · Score: 5, Insightful

    Why are responsible slashdotters encouraged to ignore trolls but such a blatant one gets an entire story? After the very professional way the kernel developers tore him apart you'd think the issue would be over.

    Don't feed the trolls!

    --
    groklaw, wired and slashdot. The holy trinity of work based time wasting.
  11. Litigation. by colonslashslash · · Score: 5, Insightful
    Ahh, another step towards this lovely age of "if it moves, litigate it, if it doesn't, litigate its next of kin".

    It's so pathetic. When does it all end?

    --
    She's built like a steak house, but she handles like a bistro....
    1. Re:Litigation. by PsiPsiStar · · Score: 4, Funny

      When we run out of money or when we nationalize and regulate the legal profession?

      --

      ___
      It's the end of my comment as I know it and I feel fine.
    2. Re:Litigation. by metlin · · Score: 1


      Ouch! You're cruel.

    3. Re:Litigation. by dasunt · · Score: 3, Informative

      Ahh, another step towards this lovely age of "if it moves, litigate it, if it doesn't, litigate its next of kin".

      It's so pathetic. When does it all end?

      When the nightly news decides that highlighting extreme lawsuits and creating a mountain out of a mole-hill won't increase ratings.

      When people educate themselves about "frivolous" lawsuits and see that some of them aren't that frivolous[1].

      When certain groups stop using lawsuits as the sole blame for increased costs[2].

      When Americans realize that out of millions of lawsuits and thousands of judges that yes, there will be a few cases decided the wrong way and a few bad judges, but it does't mean that the legal system is flawed.

      The very few times I've been in court, on either side, I've found that the US legal system seems to be pretty fair. Most of the "problem" cases that I've heard about seem to be, on closer inspection, not as clear-cut as one would think. Sure, there are abuses, but I wouldn't want to trade the US legal system for any other legal system in the world.

      [1]Re: McDonald's Coffee Case, for one.

      [2]Re: Medical profession, for one (or didn't you know that 5% of doctors are responsible for 50% of all malpractice claims?)

    4. Re:Litigation. by leerpm · · Score: 1

      I think you meant to say, when we rationalize and eliminate the legal profession?

    5. Re:Litigation. by southpolesammy · · Score: 1

      They are regulated. How well is an exercise left to the reader.

      --
      Rule #1 -- Politics always trumps technology.
    6. Re:Litigation. by Dun+Malg · · Score: 2, Informative
      They are regulated. How well is an exercise left to the reader.

      Well, since the American Bar Association is as much a government regulatory body as the American Automobile Association, the answer to "how well" is "only well enough to keep the government from actually regulating us". The ABA is a professional association of lawysers run by lawyers and really has no business being the regulatory body in charge of lawyer certification.

      --
      If a job's not worth doing, it's not worth doing right.
    7. Re:Litigation. by Idarubicin · · Score: 4, Informative
      ...didn't you know that 5% of doctors are responsible for 50% of all malpractice claims?

      What fraction of doctors are OBGYNs? Neurosurgeons?

      Some medical specialties are more lawsuit-prone than others, because they--by their nature--perform procedures with a greater risk of negative outcome, or deal with patients who are more likely to receive large jury awards (new mothers and babies...), or both.

      In the United States, a 2002 survey revealed that 76 percent of all obstetricians have been sued at least once. Forty percent have been sued three or more times. Does anyone seriously believe that nearly half of all obstetricians can be that incompetent?

      Other risky specialties see similar problems. Unfortunately, malpractice lawsuits take place--and are often successful--in the event of any negative outcome, rather than one caused by actual incompetence or dereliction. About 1 in 5 suits are filed where there is no negative outcome whatsoever, but these are still settled for an average of nearly thirty thosuand dollars apiece (mostly legal bills.)

      True--there are some problem doctors, but their numbers are decidedly few. As you say, the situation is not black and white.

      --
      ~Idarubicin
    8. Re:Litigation. by PsiPsiStar · · Score: 1

      What is the justification for having the price of criminal defense attorneys determined by the free market. I can understand rich people having more cars, bigger houses, wives with larger racks, etc. but why should they get a better legal defense if accused of a crime?

      --

      ___
      It's the end of my comment as I know it and I feel fine.
    9. Re:Litigation. by PsiPsiStar · · Score: 1

      "first thing we do, we kill all the lawyers"

      --

      ___
      It's the end of my comment as I know it and I feel fine.
    10. Re:Litigation. by gujo-odori · · Score: 1

      The same reason they have trophy : they can afford it.

      While that sounds flippant, seriously, how would you solve this apparent inequity in a workable manner?

      Would you put in a law that says no lawyer may charge more than $100,000 in legal fees to defend a case? Of course, that limit could only apply to the lawyer's actual fee. If the rich defendant wanted the lawyer to bring in every PI, every forensics expert, every possible expert witness, they would have to be paid as well. That doesn't come out of the lawyer's pocket, but out of the client's. Or would you limit that as well, in effect saying that while the prosecution can put on the best possible case and spare no expense, the defendant is not allowed to put on the best possible defense that s/he can afford?

      Maybe it would be the case that a skilled lawyer, capable of putting on the best possible defense, wouldn't be interested in doing that for $100,000 and wouldn't take the case. The lawyer wouldn't work as much, the defendant wouldn't get as good of a defense, and the overall quality level would drop.

      Alternatively, you could declare that all defense attorneys, including public defenders, will be paid a flat rate of $1,000,000 per year and that ought to be enough for anyone. The really skilled lawyers might be satisfied with that, even though they can make more under our current system. The hacks, of course, would love it. If you think the income available now draws all sorts of unsavory types to the legal profession, imagine what it would be like if becoming a defense attorney meant you were guaranteed a $1,000,000/year salary even if you were average or less?

      Again, the quality of defenses would drop.

      One of the few times that regulating prices is kind of workable is when you have a service that everyone needs, such as water, electricity, telephone - and the government grants one company a monopoly in exchange for having regulated prices.

      Even then, at least some aspects of quality suffer. "We're the phone company - we don't have to care." I'm not saying that service has always been stellar since deregulation, but there is competition over price and we consumers generally get more bang for our buck than we did during the AT&T monopoly.

      Or maybe we could change the law so that instead of getting a public defender if you can't afford a lawyer of your own, you pick any lawyer you want and the government has to pay for it. Assuming this were affordable (and I bet it's not), it would still be doomed to failure b/c there just aren't enough superstar lawyers to go around. it's a simple matter of supply and demand. Imagine that the world's top 20 rock stars were all willing to play at anyone's birthday party for 1 million dollars and the world has enough people with pockets that deep that on any given day at least 21 people want one of those rock stars to play their birthday bash and will happily fork over a million bucks for the privilege. All of a sudden, we have inequality between supply and demand. There are only two ways to solve the problem: draw lots or push up the price. Drawing lots might be more fair and perfectly workable on a small scale, but society has consistently chosen the free market as the preferable means to solve the problem, and it scales a lot better.

      The free market may be far from a perfect or equitable way to distribute the scarce commodity of top-notch legal defense, or any other scarce commodity, but as many have observed, it works better than any method we've tried so far. It has certainly worked better than all forms of Marxism.

      It would be wonderful if someday all over the world all people were so non-greedy that we were all content to work for no more than what we needed to feed, clothe, and adequately house our children, and give them a reasonable middle-class standard of living. I don't think that will happen (would I be wiling to do it? Sure, if everyone else was, but there's the rub; lots of people never would, so I have to keep tryi

  12. 50k USD ?? too little .... by Gopal.V · · Score: 3, Insightful

    For a really BSD licensed Linux, I'd ask for a contract with Dell to ship Linux by default ...
    And AOL to add Firefox on their CDs ...

    And BSD a Linux 2.0 kernel ...

    After all I'm not in this for the money :)

  13. Re:One easy solution by Anonymous Coward · · Score: 5, Funny

    And, in unrelated news, /. is being investigated by the FBI's hate crime unit...

  14. Request for slashdot rename by Anonymous Coward · · Score: 3, Funny

    Dear slashdot,

    I demand you rename your "IT" section reachable from "it.slashdot.org" or I'll sue. I'll kick and scream too. Oh and I'll probably get my friends not to visit

    Sincerley,
    Ian T. Slashdot.

    1. Re:Request for slashdot rename by JAgostoni · · Score: 2, Funny

      You forgot to add into you lawsuit the hate crime because of the color of it.slashdot.org. Even though we don't know your ethnicicity/creed/religion we intended it to be hateful torwards you anyway.

      Also, make sure you disgrace your actual heritiage by constantly trying to us it to your advantage in a court of law.

  15. One word by Big+Nothing · · Score: 1

    Countersue

    --
    SIG: TAKE OFF EVERY 'CAPTAIN'!!
    1. Re:One word by Anonymous Coward · · Score: 0

      Whats the difference?

  16. NIKKO! by kristopher · · Score: 0, Offtopic

    It seems so murky now, but is it true? NIKKO, the leader of the flying monkeys stirring up trouble again. How does one get a flying monkey off your back? Maybe if you throw some water on him he will melt.

  17. he just the man we need by Revek · · Score: 1

    Come on guys what we need is guy who is going to lose

  18. here's what they could do... by bani · · Score: 5, Funny

    What could Merkey.net do to get Jeff V. Merkey off their backs?

    assuming sendmail...

    # cd /etc/mail
    # echo "jmerkey@drdos.com REJECT" >> access
    # make

  19. Hate crime... good one. by bersl2 · · Score: 4, Funny

    I don't think he understands (or wants to understand) the narrowed definition of the word "hate" in that phrase.

    I hope some FBI employee had a good laugh over this one.

    1. Re:Hate crime... good one. by kbmccarty · · Score: 1

      I hope some FBI employee had a good laugh over this one.

      Hmm, isn't filing a false police report a felony? I hope they will do more than have a laugh...

      --
      - Kevin B. McCarty
    2. Re:Hate crime... good one. by schon · · Score: 1

      Hehe.. I *love* this bit..

      the language and comments in your thread [...] may constitute hate speech

      Really? And it *may* constitute a fuzzy bunny named George!

    3. Re:Hate crime... good one. by Domo-Sun · · Score: 1

      Hmm, isn't filing a false police report a felony? I hope they will do more than have a laugh...

      But what if the guy truly believes what he is reporting, due to mental illness or something?

  20. I'll pay... by Anonymous Coward · · Score: 3, Funny

    I'll pay 500 Convertible Pesos for the latest version of Windows licensed under the GPL

    Hey! they say you lose nothing by trying...

    1. Re:I'll pay... by pairo · · Score: 1, Funny

      I'll see that and raise you 10 000 ROL.

    2. Re:I'll pay... by Gordonjcp · · Score: 1

      I'll wager 40 quatloos on the newcomer.

    3. Re:I'll pay... by stonecypher · · Score: 1

      I prefer my pesos hard-top; I hate it when my change leaks and makes it look like I peed my pants.

      --
      StoneCypher is Full of BS
  21. No more violence, please by Taco+Cowboy · · Score: 4, Insightful



    This world is too violent as it is, please man, no more bloodshed.

    Thank you !

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:No more violence, please by Smidge204 · · Score: 3, Funny

      Asphyxiation, then?

      =Smidge=

    2. Re:No more violence, please by daemones · · Score: 1

      I don't know what you're talkinga about. Violence really *is* the answer.

      --
      Alas, Babylon.
    3. Re:No more violence, please by LWATCDR · · Score: 1

      great just what we need more passive agressive people:)

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  22. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  23. Not really. by WindBourne · · Score: 5, Interesting

    Merkey is with dr dos. Dr Dos is another one of the companies owned by the Nordas, and is actually controlled by Brian Sparks. Brian is the same guy who started this whole fiasco with caldera. It should be obvious that this will be where the next major attack is going to be coming from.

    Jeff can be easily googled and his affiliation seen.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  24. What's your point? by Anonymous Coward · · Score: 1, Funny

    You expect a toad-licker, described by a judge as...

    "[Merkey] is not just prone to exaggeration, he also is and can be deceptive, not only to his adversaries, but also to his own partners, his business associates and to the court. He deliberately describes his own, separate reality."

    and self-claimed medical researcher:

    "We have isolated a cure for arthritis (not treatment, but a permanent cure) from plants from the Native American seedbanks [...]"

    ...to write perfect English?

    Did I mention he's, apparently, a toad-licker?

    1. Re:What's your point? by fubar1971 · · Score: 1

      Did I mention he's, apparently, a toad-licker?

      I thought he was a bottlef*cker?

  25. Hate crime?! by Dachannien · · Score: 4, Informative

    Here's the FBI's take on hate crimes. Who knows, maybe Jeff Merkey will read it and learn something.

    1. Re:Hate crime?! by leonardluen · · Score: 1

      i would guess he doesn't really think it is a hate crime. he is just trying to get the fbi's attention by crying wolf

  26. Re:One easy solution by metlin · · Score: 3, Funny

    Well, aren't they the same? :-p

  27. Re:One easy solution by Anonymous Coward · · Score: 0

    Kill him

    No no no! Dont kill him, then you'll be wanted for murder. Perhaps if you somehow convince him to go to Iraq so that someone may kidnap him ... we all know what happens after that!

  28. Offering $50K... / Code ownership map by j.leidner · · Score: 5, Interesting
    ...for a BSD-licensed 2.0 Linux kernel is not evil at all. The guy is free to offer whatever he wants, but of course his bid might be too low. Note, though, that since his request for a BSD-licensed instance of the code doesn't necessarily have to be exclusive. Making available an old version of Linux BSD-style could raise a lot of money from e.g. embedded development companies, so the question whether $50K is appropriate depends on whether
    • (a) there is some consensus among the developers about the price, which in turn depends who many such private licenses are likely to be granted (which in turn depends on whether Mr Murkey plans about sharing his acquisition with others), and
    • (b) whether he can practically manage to locate and convince all developers. Not all developers might be known, but that's not HIS fault. If people contribute to the kernel without leaving a comment of what they did and who they are, I'm not sure what copyright law says about claims those people can make. Think about somebody who came out in 2004 claiming to have authored your favorite folklore song; I don't think any court would assign rights a posteriori, with the song being printed in thousands of song books marked "traditional".
      Even the unknown authorship in Linux sources could be solved by asking all known authors to delineate sections of code in Linux they have developed. Regions that have no known owner would have to be re-implemented. (Does such an ownership map exist? How many LOC are owned by 'Anonymous'?)
    Would such a procedure harm the open source/free software world? I doubt it. The main development will be on the GPLed branch. And it is not a particular snapshot of the source code that constitute the value of Linux, it's the process of continuous incremental innovation, refinement, and debugging watched my more competent and sceptical eyes than any company could hire for quality control. Without such a powerful task force behind it, a BSD-licensed branch would of verly limited value, because quickly out of date. PANTA RHEI!

    --
    Try Nuggets , the mobile search engine. We answer your questions via SMS, across the UK.

    1. Re:Offering $50K... / Code ownership map by metlin · · Score: 2, Informative

      Yup.

      From this Groklaw thread, one estimate put it at $176 million, while another (more realistic) at ~$612 million for Linux kernel 2.6.

      And this, the redevelopment costs alone.

      I'd wanted to post the actual figures, but ofcourse Slashdot's _brilliant_ lameness filter blocked it.

      Heh, funny - Slashdot these days seems to block more content than it allows for.

    2. Re:Offering $50K... / Code ownership map by Nicholas+Evans · · Score: 1

      Problem is, I don't think any one man has the ownership of all the kernel code, so it can't be released under another license. If they could somehow track down every man who contributed code and get them to agree to releasing their IP under a new license, it would be a different story. But the kernel developers aren't magic pixies, I'm afraid.

    3. Re:Offering $50K... / Code ownership map by jschottm · · Score: 1

      Making available an old version of Linux BSD-style could raise a lot of money from e.g. embedded development companies

      Why? Embedded developers are free to use it as is or do whatever they wish the one of the *BSDs. Embedded developers value-add with their hardware or the software that sits on top of the OS, so they're not going to gain much by getting a BSD licensed version, other than maybe being able to talk some CEO into it a little easier.

      Furthermore, the "a lot of money" argument goes right out the window with the BSD license. Say this whole thing went through and I pay Jeff $50K to license it from him. I can now turn around and relicense it to whoever I like at whatever price I wish. Oops. There goes the "a lot of money."

      there is some consensus among the developers about the price

      Several of the key developers who've bothered to reply to the idiocy have stated no way, ever, at any price. The vast majority of the modern kernel has been developed *after* the BSD settlement, which means that developers have had the option of going with the BSD license which stands for one type of freedom or the GPL which stands for a very different one. Quite a few of the developers involved chose Linux specifically because of the freedom it guarantees.

      Think about somebody who came out in 2004 claiming to have authored your favorite folklore song; I don't think any court would assign rights a posteriori, with the song being printed in thousands of song books marked "traditional".

      I suggest you go read up about Alan Lomax.

      Would such a procedure harm the open source/free software world?

      Besides the mire of paperwork, arguments, and general wasting of time that it would involve, quite a few people would deem Linux code going into Windows to be a bad thing.

    4. Re:Offering $50K... / Code ownership map by Coppit · · Score: 1

      I thought it was conventional to sign over copyright to the code maintainer?

    5. Re:Offering $50K... / Code ownership map by Empty+Threats · · Score: 2, Interesting
      Not all developers might be known, but that's not HIS fault. If people contribute to the kernel without leaving a comment of what they did and who they are, I'm not sure what copyright law says about claims those people can make.

      In that case, copyright law allows the owners to sue to stop infringement. That is, while they cannot sue for damages unless they have a registered copyright, they can sue everyone who is distributing and have the court order them to stop. In the United States, you hold copyright unless you very carefully and explicitly abandon it. It's actually not all that easy to put something directly into the public domain. While registration gives you a few more legal protections, you can certainly stop unlicensed distribution of your work under any circumstances.

      Courts have also upheald the right to anonymous copyright.

      Think about somebody who came out in 2004 claiming to have authored your favorite folklore song; I don't think any court would assign rights a posteriori, with the song being printed in thousands of song books marked "traditional".

      Heh, the irony: This has actually happened. In the 90's, ASCAP threatened to sue several groups that ran children's summer camps, including the Girl Scouts, for not paying royalties on songbook tunes like "Ring around the Rosie."

    6. Re:Offering $50K... / Code ownership map by Progman3K · · Score: 1

      Isn't the whole issue of trying to buy the source-code completely moot?

      If the code was released under the GPL voluntarily, even the authors of the code can't "take it back" as long as the code is being used under the spirit of the license.

      Standard "divide and conquer" by Microsoft and SCO here, move along.

      --
      I don't know the meaning of the word 'don't' - J
    7. Re:Offering $50K... / Code ownership map by Anonymous Coward · · Score: 0

      And the estates of all of the contributors who have since died.

    8. Re:Offering $50K... / Code ownership map by Dun+Malg · · Score: 2, Funny
      I'd wanted to post the actual figures, but ofcourse Slashdot's _brilliant_ lameness filter blocked it.

      Heh, funny - Slashdot these days seems to block more content than it allows for.

      That's what you get for trying to present the figures in an easy to read tabular format. What you should have done is what everyone else does: scatter them throughout a long sputtering diatribe full of misspellings, typos, and bad punctuation; being sure to call everyone else fucktard and asswipe; and ending with a few choice links simply cut-n'-pasted into the body of the message without an [A HREF=] tag so they are not only unclickable, but unpasteable because the "no long lines" filter has put a space in them.

      Seems to me the lameness filter is more of a lameness ensurer.

      --
      If a job's not worth doing, it's not worth doing right.
    9. Re:Offering $50K... / Code ownership map by mefus · · Score: 1

      Offering $50K... / Code ownership map for a BSD-licensed 2.0 Linux kernel is not evil at all.

      No, but it is absurd. Logistically, and given the ethics of many (most?) of the Linux kernel developers.

      Note, though, that since his request for a BSD-licensed instance of the code doesn't necessarily have to be exclusive.

      A BSD-style license for Linux could not possibly be exclusive, due to the nature of the GPL. You are forgetting what is known about the GPL (it is non-revokable provided the conditions of the terms are met) or even what it means to license something under a BSD-style license. Recall when Johann got the RIAA off his back (yeah right) by handing over a license to them for the code of his decss code: it didn't effect what was already in the wild because it couldn't. That doesn't even happen by intent (you can't renege on your license to a previous party without his consent.)

      Making available an old version of Linux BSD-style could raise a lot of money from e.g. embedded development companies

      This doesn't follow from your original claim: Offering $50K for linux is not evil". It is a non-sequitur.

      Would such a procedure harm the open source/free software world?

      Merkey was already found to be trying to add someone elses (i.e., Novell's) code to the Linux kernel without their permission. Giving him carte blanche to the Linux Kernel is begging for continued problems keeping Linux free of infringing code if he were to continue imposing his special reality on the world.

      --
      mefus
      In Open Society, GPL Software frees YOU!
    10. Re:Offering $50K... / Code ownership map by Anonymous Coward · · Score: 1, Interesting

      Making available an old version of Linux BSD-style could raise a lot of money from e.g. embedded development companies, so the question whether $50K is appropriate depends on whether ...but why would they do this? Presumably, the chump who makes the BSD-licensed Linux wants to sell it to said companies (and everyone else) w/o revealing the source. Already, embedded companies seem to have embraced Linux. They're geeky enough to take the source and make it work on their hardware. It may not seem like much, but their capital expenditure on acquiring Linux for this is 0.

      How much money has Linksys made by selling their Linux-based wireless equipment, vs. selling that hardware BECAUSE it has embedded Linux in it? Embedded Linux and the opennes of this hardware is why I bought a WRT54GS, although I haven't gotten around to getting any other firmware for it, yet. But I can, and that is cool. The value of the Linksys equipment isn't their firmware (because it does have problems), but in its openness.

  29. Drugs? by Majik · · Score: 2, Interesting

    I've been following him since I needed his NWFS. Shame the guy is crazy, he could have put out a useful tool.

    IIRC, he also smokes pejote(sp).. might explain a few of the more absurb claims. Evil I know, but you never know.

    --
    Nick Lange nick.lange@SPAMTASTIC.hushmail.com
    1. Re:Drugs? by marsu_k · · Score: 2, Funny
      IIRC, he also smokes pejote(sp)
      Well, he would certainly be crazy then, for peyote is taken orally (or via rectal infusion if you can't handle the nausea).
    2. Re:Drugs? by arivanov · · Score: 1

      I have to admit that this is the best explanation of his behaviour.

      Do you know by any chance if it is just him or his employers as well?

      He used to be payed by SCO/Caldera for a while and there was a suggestion on LKM to write an open letter to Mr Love to withdraw his funding (by Al Viro methinks).

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    3. Re:Drugs? by Impotent_Emperor · · Score: 1
      Shame the guy is crazy, he could have put out a useful tool.

      This guy is a tool.

  30. What does the FBI do with time wasters? by cheros · · Score: 4, Insightful

    As far as I can see this guy appears to be seriously abusing the minorities aspect of the hate crime laws, but AFAIK there's only so often you can waste FBI resources before they want a small chat with you, in a nice room with little in the way of comfortable furniture.

    I mean, some of the hate crime work is really serious, what this guy is doing is almost insulting..

    And, (AFAIK, IANAL) isn't it illegal to repeatedly threaten legal action without following it up?

    Just musing ..

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
    1. Re:What does the FBI do with time wasters? by krymsin01 · · Score: 1, Funny

      You insensitive clod, I'm going to sue you!

      --
      stuff
    2. Re:What does the FBI do with time wasters? by stonecypher · · Score: 1

      And, (AFAIK, IANAL) isn't it illegal to repeatedly threaten legal action without following it up?

      In most countries, yes. In the United States it's called "barratry," and it doesn't have to be repeated.

      --
      StoneCypher is Full of BS
  31. Dear moderator by Anonymous Coward · · Score: 1, Funny

    Dear moderator

    You left your sense of humor behind this morning. Please remember to pick it up at your earliest convenience

    Sincerely,
    Ian T. Slashdot.

  32. Re:One easy solution by bertas28 · · Score: 1

    Insightful? Oh dear...

  33. Re:One easy solution by loraksus · · Score: 5, Informative

    Actually, the hate crime law mentions nothing about being "a fucking annoying GUYS LISTEN TO MEEEEEEEEEEEEEE!!!!! GUYS!? GUYS!!! hasbeen"

    That said, if you were willing to think outside the box, this could be construed as a (mental) disability (which would be covered)

    From the FBI website;
    Although the Hate Crimes Statistics Act of 1990 (amended in 1994 and 1996) defines a hate crime as a crime against a person or property motivated by bias toward race, religion, ethnicity/national origin, disability, or sexual orientation, the FBI does not have any federal jurisdiction to investigate hate crimes motivated by a sexual orientation bias. The FBI's authority to investigate hate crimes motivated by a disability bias is generally limited to incidents interfering with the victim's housing rights.

    --
    1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
  34. Re:One easy solution by NineteenSixtyNine · · Score: 5, Funny

    I am totally and completely outraged and offended by your little remark. We at the Church of Satan have no affiliation with the RNC whatsoever. We're evil, but we're not that evil.

    --

    --
    What would Bill Clinton do?
  35. Re:One easy solution by blibloblu · · Score: 0

    You vote for bush, don't you?

  36. Yes, there would be harm. by IBitOBear · · Score: 5, Interesting

    One of the big problems is that the BSD license, which is parahprased: take this and do what you want, of some otherwise GPLed code could dangerously muddy waters.

    Right now there is one License for Linux, so it is *known* that all Linux is accessible only via that license.

    Were you to add a second license then you would add plausable deniability to the war-chest of people determined to "steal" the code (by not allowing access to the source code for "their version.")

    In short, you would end up with a bunch of people who could then say "yes, this is Linux, but its from the can-be-secret version of the license."

    It just muddies waters *WITHOUT* *NEED*. Since the existing license is sufficent, adding a second provenance to the blood line would only serve to make things complex.

    Plus, even the effort would be devicive. You could never _find_ and get the aproval of all the copyright holders in order to create the new provenance.

    In a way it would be like a fudal lord having illegitimate idential twins, then deciding to recognize one and not the other. It (1) wouldn't make sense and if you did it, it (2) would only lead to problems.

    There is anit-value in even discussing the possibility.

    It would be better if Linux got so popular that the big companies decided to fight the movie/music industry to reduce copyright terms. If we were back to the original 14 year terms then in about five years (?) 2.0 would be public domiain anyway. That is how Copyright was _SUPPOSED_ to work in the first place. The ??AA(s) of the world have just managed to really screw the software industry a-priori. If M$ wants Linux, they should just just buy some senators and get the whole thing fixed anyway.

    [Side Note: patents cannot let microsoft (etc) steal linux, they could make it mighty uncomfortable, but even if they had a patent on every single concept on every single line, they could never take possession of it for themselves. As long as it can live in free countries like Brazil it will be unkillable. The same unstealability goes for coercing a license change, or buying one. As long as Copyright is at these untenable extremes, everything GPLed is irrevocably public unto the Nth generation. If copyright were back where it belonged M$ (etc) would be "free to innovate" (liberate?) (e.g. steal) some of the older versions in like 2006. If you follow my hyperbole.]

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:Yes, there would be harm. by orkysoft · · Score: 3, Interesting

      Like a Slashdotter says in his sig: "IANAL, but I write like a drunk one."

      If Microsoft were to reduce copyright terms (boy, Disney would get mad!), it would mean the older Linux versions would become public domain, which means they might get proprietary forks.

      I don't think Disney would actually have much to fear from the old Mickey Mouse cartoons going into the public domain, because anyone who were to copy or modify those cartoons, would still be in murky legal waters considering trademark infringement (as all the well-known Disney characters are of course also trademarks).

      --

      I suffer from attention surplus disorder.
    2. Re:Yes, there would be harm. by IBitOBear · · Score: 4, Interesting

      yes, like I said, or meant to imply anyway... 8-)

      I suspect that part of the return-swing of the pendlum of IP will be large numbers of companies deciding/discovering just how useful it would be for a lot of code and information to find itself in the public domain where it belongs.

      The watershed events, as I see them, would be

      1) Software patents don't pass in Europe.

      1a) they pass in Europe and so India and South America, and maybe Asia start kicking economic butt. Signaled by a sharp rise in U.S. and European students rushing abroad to study.

      2) Trademark Saturation critical mass in about 15 years, where essentially no useful noun-like words remain viable for even old companies to persue markets without fear of significant legal exposure.

      3) The "useful life" of IP workers drops to about eight years due to NDA/no-compete actions causes a serious disruption in the realestate markets.

      Then corporations and politicians will begin to fall all over themselves to roll-back the IP boom-time legsliation of the eighties.

      (Barring a "proper war" of couse) I figure 22 to 40 years. I may actually live to see it.

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    3. Re:Yes, there would be harm. by edbarrett · · Score: 1
      In short, you would end up with a bunch of people who could then say "yes, this is Linux, but its from the can-be-secret version of the license."

      From reading the thread (last week. was there a story about this then, as well?) it sounds like he wants a BSD license to Linux so that he doesn't have to release his changes.

    4. Re:Yes, there would be harm. by IBitOBear · · Score: 1

      Yes, he "doesn't have to" but that isn't the same as "he wont". And even if he is never "know to have" released his changes publically, it doesn't remove the spectre that he *might have*.

      In the worst case, you catch someone violating the GPL, they decide that they can fight, comply, or send a letter to Merkley with a $50 check to "get a copy" under the more permissive license.

      O they cna just claim that they have it from that provenance but they don't remember how.

      Then you'd have to bring Merkley into court to testify that they could not possibly have gotten access to it though him.

      Etc.

      Very ugly and untennable.

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    5. Re:Yes, there would be harm. by stonecypher · · Score: 1

      As long as it can live in free countries like Brazil it will be unkillable.

      In other words, until the day after tomorrow, when Jeb rapes Florida again? Brazil's closer than Madagascar; it makes a better site for the new presidential golf course.

      --
      StoneCypher is Full of BS
  37. When everyone moves to Canada.. by Anonymous Coward · · Score: 0

    leaving the criminals and lawyers to slug it out.

  38. Re:One easy solution by Gentlewhisper · · Score: 1

    What exactly is hatecrime? There is no hatecrime, only thinkcrime!

  39. Ignore him... by sgant · · Score: 4, Interesting

    ...what he wants is to be in the spotlight. Deny him the pleasure of seeing his name all over the net.

    It amazes me that when people want someone or something to go away, they put a spot-light on it and almost guarantee it won't go away...much like religious fanatics condemning a movie or TV show, they're basically making more people want to watch.

    Some things should be ignored and left to decay. Unless a REAL lawsuit is issued forth from these lawyers he draws as like a weapon.

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    1. Re:Ignore him... by DunbarTheInept · · Score: 1

      Ignoring something often gives it tacit approval in the public eye. Whether some statement you don't like should be ignored or responded to is dependant on whether it is already going to be seen no matter what you do or not. If it is going to be seen anyway, then ignoring it is the wrong answer.

      That is why it is not always a waste of time to respond to trolls. I do not believe the claim that trolls' goals are to get attention. I say their goal is spread false information - therefore it is ONLY if your response will make the difference between it spreading or not spreading that silence would be the right option. If it is going to spread anyway, then speaking up and denouncing the lies is the right option.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  40. A business proposal. by Anonymous Coward · · Score: 3, Funny

    Dear Doctor Markley

    I write to you with a proposal of business which will be to our great mutual benefit.

    Owing to my 3rd wife who's brother's 2nd wifes uncle is the senior director of the Nigerian copyright office, we are in a special position to secure that which you so desire.

    Nigerian copyright is granted to whomever delivers to the copyright repository, a copy of said copyrighed material. In order to ensure the sincerity of the copyright applicant and provide funds for defense of said copyright, this material must be printed, one line only, per each, on $US100 notes.

    If you will kindly print your kernel source on $US100 notes (one line per note) and have it delivered to my solicitor, the honorable Snatch deMoni, c/o General Delivery, Canton Georgia, 30357, he will see that your copyright application is filed post with.

    In all sincerity and offering the blessings of god, your humble servant

    Obi Jones

    1. Re:A business proposal. by DaveAtFraud · · Score: 1

      Damn. I just got a 419 scam-spam and was all set to turn it into an offer to Jeff Merkey for the Linux kernel source. I see I'm not the only one with this idea.

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
  41. Unfortunate name by Anonymous Coward · · Score: 0

    Is he somehow related to Stef Murky? (http://www.userfriendly.org/cartoons/stef/)
    Mayb e this guy is Stef in disguise??

  42. Compare and contrast to... by Eggplant62 · · Score: 3, Interesting

    ... this kook. Regularly invents conspiracy scenarios in his own mind, creates complaints about spam and forwards them to people who shouldn't even be targeted for complaints, then blames everyone around him for his own mistakes.

    Kooks of the first water. Jamie, meet Jeff. Jeff, this is Jamie. You two should get along rather well, I'd think.

    1. Re:Compare and contrast to... by Anonymous Coward · · Score: 0

      Hi, Jamie!

      On a related note, I wonder if either of them know Jim Navas...

    2. Re:Compare and contrast to... by AndroidCat · · Score: 1
      Readers of news.admin.net-abuse.email remember kook Jamie quite well.

      Test, Jamie, test.

      --
      One line blog. I hear that they're called Twitters now.
    3. Re:Compare and contrast to... by sqlrob · · Score: 1

      Remember? He finally left? I haven't read NANAE in about a year.

    4. Re:Compare and contrast to... by AndroidCat · · Score: 1

      I think so. At least he hasn't morphed out of my killfile in a long time.

      --
      One line blog. I hear that they're called Twitters now.
    5. Re:Compare and contrast to... by Eggplant62 · · Score: 1

      ROFL! I created it?? No, not me. Someone else. I simply was aware of that domain and have too much experience dealing with its target.

      Jamie, is that you?

    6. Re:Compare and contrast to... by Eggplant62 · · Score: 1

      Jamie just returned after a long silence over the past couple of days, whining about some spammer or the other. Funny guy, that one.

  43. Merkey by WCMI92 · · Score: 3, Interesting

    This guy is insane. IMO, Merkey is a "rabid dog" that SCaldera has tossed over our fence in the hopes he bites someone and gives them rabies.

    This guy has slandered Linus, he's slandered PJ, and everyone else who has dared question him or his motives. I bet /. gets a nastygram (CC'ed to Darl McBride of course)for daring to post this story.

    --
    Corporatism != Free Market
  44. Deja Vu by Ciel · · Score: 3, Funny

    If this guy has some staying power, he could become the Derek Smart of the Linux community!

  45. Re:One easy solution by Anonymous Coward · · Score: 0
    Where's the BOFH when you need him?

    clickety clickety...

  46. For the Love of God... by petrus4 · · Score: 4, Funny

    If any (and I do mean ANY...I don't care if you're a janitor) of Microsoft's staff read this, then please immediately do the following:-

    1. Go to the highest person in the Microsoft heirarchy that you have access to, and persuade them to download a copy of the latest stable version of FreeBSD. I don't care HOW you persuade them, either. Use offers of drugs/various family members/their souls etc as needed. Be creative. This is important.

    2. Explain to Jim Allchin and the various other hardcore Windows advocates (or get someone else to, if you don't have access to him) that by making a FreeBSD-derivative core with a Windows shell, he'll actually get to have his cake and eat it too:- The security/stability everyone wants, plus Windows' strengths in the user interface dept.

    3. Round up MS's gaggle of programmers and make it happen. Don't get hung up on dumb, overly complex features that nobody needs (like WinFS) at this point. Keep the MS emphasis on user interface, (which we know Microsoft are good at) and backwards compatibility with other Windows versions (Which is half done for you - Go download Wine) and let the BSD peeps handle the nuts and bolts stuff. (which they're scarily good at) Wine is under the GPL, so you'll need to behave yourselves there, but you're in the clear with the BSD license, since without the advertising clause now you can basically do whatever you want with it. For PR bonus points, you MIGHT want to release source of at least some of your modifications as did Apple with OSX...and given Microsoft's image over the last couple of years, it's an idea to meditate on.
    Do NOT, under any circumstances, remove/attempt to hide bash access, either. Make it so the newbs don't have to use it, sure...but leave it there for those of us who want it.

    4. Profit. Which you will, presumably to an insane degree...because while people who need lots of user-friendliness can still have it, the rest of us poor souls who have to help such people in the face of Microsoft's currently non-existent security model will have our burden considerably lightened. (and thus be far more effective at our jobs) So while the first group will continue to give you money, there's a good chance that the second group might start to enthusiastically do so as well.

    Dump the current licensing model, and profit from volume, support, and upgrades. (In terms of the number of people needing to install MS upgrades, you'd probably be a lot smarter charging for those rather than using ugly licenses and then making the upgrades freebies...the current licenses are a PR killer, if nothing else. This'd do wonders for the TCO argument, as well)

    5. Due to 4, the company will notice that although its revenue level might initially decrease somewhat, it then stands a much more certain chance of stabilising afterwards. (Linux is causing you to start to lose money now anywayz, and the bleeding is only going to get more rapid if you stay the current course)

    Because of this, eventually a realisation might be reached that it is truly unnecessary to continue to try to discredit/outlaw/otherwise neutralise those of us who just happen to like using Linux (which is hell on Microsoft's own image anywayz) especially seeing as there'd be a fair chance that this plan would convert a sizable number of them to the new product anyway. We could call off the entire Linux/MS war...Joe Sixpack would be happy, the CLI/blackbox geeks would be happy, MS would still make lots of money, and the world would keep turning.

    Think about it. For the sake of everyone, including yourselves. Please.

    1. Re:For the Love of God... by ameoba · · Score: 4, Insightful

      What makes you think this is going to work? The core of NT is stable & secure already, it's extensions and concessions that have been made towards being more 'usable' that bring the whole system down. How is reimplimenting everything on a new OS that has a weaker/coarser security model going to make things better?

      --
      my sig's at the bottom of the page.
    2. Re:For the Love of God... by user32.ExitWindowsEx · · Score: 1

      No shit. Why replace the stable and 1337 VMS derivative kernel with a FreeBSD derivative kernel?
      Why not rip off the actually-insecure shit and replace that (in other words, put stuff like X & BASH on the NT kernel instead of crap like Exploder & DCOM)?

      --
      "Evil will always triumph because good is dumb." -- Dark Helmet
    3. Re:For the Love of God... by quarkscat · · Score: 1

      Exactly so.

      This Merkey person is obviously one of
      Microsoft's less sharp knives in the
      drawer. But a useful tool, nonetheless.
      Between SCO's McBride and this idiot
      savant, the Microsoft juggernaut's preferred
      tactic of assimilation of competition (by
      destroying the Linux shield of GPL) has
      yet again been revealed.

      Please tell me again how it is that the
      DoJ did not find just cause to carve
      Microsoft up into little pieces? It
      just couldn't have anything to do with
      Gates/Ballmer new appreciation for the
      mother's milk of politics, and how to
      spread that "love" around the neo-con GOP.

    4. Re:For the Love of God... by Anonymous Coward · · Score: 1, Interesting

      Because in FreeBSD, it's possible to update a shared system library without rebooting the computer. Among other things...

    5. Re:For the Love of God... by petrus4 · · Score: 1, Insightful

      >The core of NT is stable & secure already

      As a demonstration of NT/XP's "security," here's a bit of homework for you. Grab a copy of an NT/XP app called Erd Commander. (I'll leave it up to your good judgement as to how to obtain it)

      Installing it takes a bit of doing in the scenario that you use, shall we say, the "online" way of obtaining software, so it's a chance to show off your leet `//areZ d00d credentials there as well.

      Then, once you've got Erd Commander burnt onto a CD, change your NT/XP password, and forget what the new password is. Then insert the Erd Commander CD, reboot the computer, look for Erd Commander's "locksmith" tool, and laugh diabolically/cynically when you discover that it is possible to reset/change XP's password there to whatever you want.

      An operating system that's capable of having its passwords compromised this easily is not secure, according to my definition. If hypothetically someone really wanted to cause some mischief, they could take the aforementioned CD into any library or educational institution running XP/NT, and they'd have completely unhindered access to the entire network...not to mention LAN cafes/PC baangs etc. I'm sure there are also an infinite number of other ways that NT/XP can be compromised just as easily as in this example. It's the proverbial monkey cage made out of peanuts...in fact now that I think about it, that's probably the best metaphor for XP that I think I've ever heard. ;)

    6. Re:For the Love of God... by gordyf · · Score: 2, Insightful

      How is this any different than booting off a Gentoo LiveCD, mounting the filesystem and modifying /etc/passwd and /etc/shadow directly?

    7. Re:For the Love of God... by petrus4 · · Score: 1

      I suppose it isn't. But if so, I find myself wondering how a truly secure library setup (as an example) could be possible...if you're always going to be able to do things like this?

    8. Re:For the Love of God... by Anonymous Coward · · Score: 1

      yeah it's not like passing init=/bin/bash as a kernel argument during boot doesn't let you change the root password...

    9. Re:For the Love of God... by Anonymous Coward · · Score: 1

      Any machine with physical access should already be considered compromised.

    10. Re:For the Love of God... by gordyf · · Score: 1

      I'd be surprised to find a library or internet cafe that allowed booting off of user-provided media (floppy/CD/USB). It's a huge security risk. Such booting is easily disabled in the BIOS, and the BIOS can have a password set, although that can be cleared by opening the case and messing with a jumper.

    11. Re:For the Love of God... by mikefe · · Score: 1

      " Because in FreeBSD, it's possible to update a shared system library without rebooting the computer. Among other things..."

      The NT kernel has this feature also.

      They just aren't using it very well yet.

      --
      There: Something at a specific location.
      Their: Owned by someone.
      Please make sure your english compiles.
    12. Re:For the Love of God... by ewe2 · · Score: 1

      And have to compete with Apple?! Don't be naive. And how do you explain writing off 20-odd years of investment in the NT base to shareholders? "It's all been a mistake, we should have used BSD" is NOT going to go over well. I did think they might have wanted Linux in the same way, but on reflection, I think all they want are algorithms and implementations, not to use the code itself per se. After all, they can already rip off BSD, it's just GPL code they can't steal.

      --
      insecurity asks the wrong question irritation gives the wrong answer
  47. BOFH is hiding! by KZigurs · · Score: 1

    Hiding.
    There are a class of people even well seasoned IT professionals avoid touching or contacting.

  48. Solution: ignore him and stop "kill" comments by walterbyrd · · Score: 3, Insightful

    Surprising that posters here don't know any better than to take the bait. These "kill Merkey" comments do not help. Some clown like Dan Lyons at Forbes may very well use those comments to prove that the linux lovers over at slashdot are actually a hateful, violent, crowd. Danny did that with comments from the yahoo boards - comments which were far more tame btw.

    1. Re:Solution: ignore him and stop "kill" comments by Anonymous Coward · · Score: 0

      The kill comments DO help. If you are annoyed at someone do you say "I'm gonna *kill* you"? Or do you say "I'm going to get very irate and wave my finger at you"?

      You say "kill" for two reasons:

      1) It lets off steam
      2) It shows how *really* pissed off you are.

      Actually going out and killing this nutjob (I hope, after seeing what a *real* nutjob is like, people will stop labelling RMS a nutjob) would not be productive.

    2. Re:Solution: ignore him and stop "kill" comments by walterbyrd · · Score: 1

      Good lord, how old are you? 12? If you are older than that please try to "grow up."

      When somebody is baiting you, the *worst* thing to do is take the bait. It's a set-up, a trap, get it?

      This entire msft/scox scam is a PR war. And the linux geeks seem to be less up to the challenge than Darl McBride (and *he* is a complete idiot).

      The professional msft shills like enderle, lyons, ect. eat those threats up. These idiotic threats do nothing but prove to onlookers that scox is the innocent victim of the linux thugs.

      Again, grow up. Learn to be smart. Think, don't just react.

    3. Re:Solution: ignore him and stop "kill" comments by Anonymous Coward · · Score: 0
      Dan Lyons... may very well use those comments to prove that the linux lovers over at slashdot are actually a hateful, violent, crowd.

      In that case, Danny may just wake up to find that his credit rating has been slashed.

    4. Re:Solution: ignore him and stop "kill" comments by Anonymous Coward · · Score: 0

      I am over 12. If being 12 is shown by saying "I'm going to kill you" or similar, then most of the planet is under 12.

      If you don't jump at the bait, but it still winds you up, it is the WORST thing you can do to hold that inside. Let the agression out - *before* it becomes physical violence. It may give the baiter what they want, but do you care? You told him what a plonker he is (using he in the generic sense - there are plenty of women who show that you don't need a plonker to be one...).

      How does coming back help shills and/or convince that SCO is innocent? It will only help them if they say "see, we are getting death threats". Well, they've tried that one already. No loss if they try again. As long as we *don't* kill someone we are fine.

      Your reaction to an honest verbal attack is merely reaction too. You "believe" someone reacting to a bait is at fault. Nope, they are just responding to the bait.

      If I hang around your home, you'll get angry and say "get the feck out of here, or I'll kick your arse". Not that you will do that, but it is intended to get a reaction. Would you let me loter outside your home indefinitely if I told you I *wanted* some reaction to show that you are against the freedom to congregate?

      No?

    5. Re:Solution: ignore him and stop "kill" comments by fishbowl · · Score: 2, Informative

      >No?

      So long as you stay out of any situation where someone could literally have you prosecuted for issuing a credible death threat, then you're right.
      But there is a line that you don't want to cross.

      If you're getting serious, and you threaten someone,
      then later you get into a situation where you need to use force in self defense against that person, you have already given up your justification of self defense by provoking violence.

      Of course, 12-year-olds don't get into situations where they are over the line very often. Don't make any death threats that can be construed by anyone as credible. Don't expect to be justified in a self defense situation if you have provoked violence against you.

      --
      -fb Everything not expressly forbidden is now mandatory.
  49. There is a simple answer for this kind of problem by Anonymous Coward · · Score: 0
    When someone manages to arrise to such prominent..."noteriaty"...in the community, as this chap has done, well, we could give him his own usenet newsgroup! I propose:

    alt.fan.merkey.die.die.die

  50. Good Job by Anonymous Coward · · Score: 0
    (w00t, first /. story accepted)
    You are now in the top 5% of /.ers!

    Your next goals should be 1) move out of your mom's basement (I mean, 32 and still living at home? Geez...), and 2) start dating. In that order.

    Oh and get a car for crissakes. No one wants to go to a date on the bus.

  51. Merkey's effect on Linux NTFS support by irgu · · Score: 5, Informative
    Everybody knows that NTFS is patented and dangerous to use, right?

    No. NTFS is neither patented, nor dangerous to use.

    The history. All started about 5 years ago. The old NTFS driver was written for NT4 NTFS but Windows 2000 introduced some improvements. The changes were important enough not to work with the NT4 driver. Unfortunately the driver didn't check the NTFS version, developers vanished thus it thrashed quite many people's filesystem. Unfortunately nobody cared to fix it for a long time.

    Here comes Merkey to the picture. He generously offered people a Linux utility, free of charge that had Windows fix NTFS itself (aka run fsck during boot). Unfortunately he had an NDA with Microsoft, not to reveal internals of NTFS. According to him, Microsoft threatened him with a suit. Microsoft claims that it never threatened him or his company with a suit. More about the issue here.

    The story got Slashdot attention but with some twists: Microsoft Litigation vs. Linux NTFS Kernel Support. The minor problem was, that the Linux support for NTFS had nothing to do with Jeff Merkey or his company. Still, the Linux community thought they were directly threatened by Microsoft.

    Conclusion? Linux NTFS development slowed down a lot. Red Hat has removed NTFS support completely and after 4 years, they still refer to non-existent NTFS patents, even if they would be void due to laws, e.g. the project is for the purpose of writing interoperable software under Sect. 1201 (f) Reverse Engineering exception of the DMCA.

    And why NTFS isn't dangerous? Write support was disabled about 3-4 years ago and a new driver was written from scratch for 2.6 kernels that doesn't implement write, except file overwriting.

    1. Re:Merkey's effect on Linux NTFS support by latroM · · Score: 3, Informative

      Conclusion? Linux NTFS development slowed down a lot. Red Hat has removed NTFS support completely and after 4 years, they still refer to non-existent NTFS patents, even if they would be void due to laws, e.g. the project is for the purpose of writing interoperable software under Sect. 1201 (f) Reverse Engineering exception of the DMCA.

      The DMCA is only about copying controls, digital restrictions management. Patents are a completely different thing. There is no such law which says that using someone's software patent is ok for interoperability purposes.

    2. Re:Merkey's effect on Linux NTFS support by dmanny · · Score: 1
      The post by irgu -- the parent to yours, gp to this -- states that NTFS is not patented. As you say, while patents are different than the DMCA, are you claiming that NTFS is patented? I am not tying to be combative, I fear that I just miss your point. I cannot attest to whether NTFS is patented or not. I am genuinely interested in your opinion.

      There has been very recent activity in trying to patent the FAT filesystem. Unsuccessfully, IIRC. Slashdot, Sep 30th

      I find the GP post to agree with my understanding of the recent Linux/NTFS history. It will be great when full r/w access to NTFS for Linux is solid enough to be enabled by most distros. I think this is small but significant detraction from using Linux in some situations.

      By the way, I started this comment on my laptop while lounging around prior to my morning routine, but ran low on battery. I suspended to disk, and resumed hours later, checking to see if anyone else had raised my point first. As a 1994 Linux user and cheap ass who went years before upgrading my notebook hardware, this makes me very happy.

      --
      All my previous sigs now look like this one, I wish they were permanetly recorded when used. :-(
    3. Re:Merkey's effect on Linux NTFS support by latroM · · Score: 1

      I was not claiming that, I only corrected him. Probably every piece of software has some patented feature in it, IANAPL. I don't claim that Linux's NTFS includes one, I only think that it is probable.

    4. Re:Merkey's effect on Linux NTFS support by runderwo · · Score: 2, Informative
      You might also recall Jeff Merkey as the fellow who wrote the Netware filesystem driver for Linux. He ignored all the potential legal ramifications of NWFS being a work-for-hire and having access to internal Novell documents, and hence nobody is touching the code with a ten foot pole these days.

    5. Re:Merkey's effect on Linux NTFS support by killjoe · · Score: 1

      I find it incredible that MS has not patented NTFS. They patented FAT didn't they? Did they forget to patent NTFS or something?

      --
      evil is as evil does
    6. Re:Merkey's effect on Linux NTFS support by soliptic · · Score: 1
      He ignored all the potential legal ramifications of NWFS being a work-for-hire

      Heh... I keep reading that as Not Work For Safe.

    7. Re:Merkey's effect on Linux NTFS support by mr_walrus · · Score: 1

      wasnt NTFS (version 1.0) heavily based on os/2 HPFS ?
      so, probably a goodly chunk of it is not patentable by microsophistry.

    8. Re:Merkey's effect on Linux NTFS support by Anonymous Coward · · Score: 0
      I think I see dmany's point. The post that you were replying to started with the claim that NTFS was not patented. The original post never made any claim that patents wer not OK to ignore.

      Unless you were using some other definition of the word corrected than most of us do, you did not correct anything.

  52. In some circles... by Yaa+101 · · Score: 2, Funny

    In some circles, if you offer 50k for a thing that is worth many many times more, you have a large chance to get killed due to lack of respect... Merkey must considder himself lucky!!

  53. If Merkey gets to claim that by Anonymous Coward · · Score: 1, Interesting

    Then what about the FBI Public Corruption Unit, the Public Company Accounting Oversight Board, The Federal Trade Commission, The US Dept of the Treasury, NYAG Spitzer, CTAG, TXAG, SEC and everyone else who have been given sufficient information to warrant a deep probe of the SCO Group and its associates? Escpecially the specific instances of violations of the laws: Sarbanes-Oxley Act of 2002, Rule 33-7881, Lanham Act, RICO, Restraint of Trade, etc.?

    Merkey's complaint lacks substance - the letters to the above have pointed out specific instances of violations of the laws of the USA.

  54. Re:Litigation threats by AndroidCat · · Score: 1, Funny
    Has he actually filed suit against anyone? After looking through the various links, it looks like he's just threatening to sue people. NetKooks do that all the time, no biggy. (Barritry, of course.)

    A modest suggestion: Start a dating service for netkooks. It might give them something else to do, and the rest of us can be entertained by the listings: "WM abduction victim seeks Reptoid F for tin-foil B&D. No implants." These's a netkook in SLC Utah who might be perfect for him.

    --
    One line blog. I hear that they're called Twitters now.
  55. Next lawsuit, based on this thread... by dpilot · · Score: 1

    ...will be a hate-crime-based one against Slashdot, for the usual reasons.

    --
    The living have better things to do than to continue hating the dead.
  56. Got Paranoia? by ObsessiveMathsFreak · · Score: 1

    This Jeff Merkey guy is the enemy within. The Traitorous heritic whos blasphemies against the kernel have lead to FUD, infighting and general dismay all around. To much 40k for me.

    Maybe he was a plant. A double agent sent by outside interests to undermine the entire kernel. Perhaps others are involved!! The kernel is rotting from within!!! Tainted with patented and proprietry code!!!!!

    I would therefore like to call a vote on Proposition 2.10. That a worldwide witch hunt be started to root out all tainted code and coders in the linux kernel, and that this witchhunt be as hysterical, bloddthirsty, predjudiced and damaging to the FOSS movement as a whole. Also you are either with us or against us and we shall start with Linus himself!!!! None shall be above suspicion!!! Long live the Kernel!!!!

    Now if you'll all form an orderly queue...

    --
    May the Maths Be with you!
  57. 50k for a BSD Linux? Win! by Anonymous Coward · · Score: 0

    So where shall I ship the copy of FreeBSD I'm about to burn to DVD for ya there?

  58. I up his offer! by Anonymous Coward · · Score: 0

    He offerred 50k for the BSD style rights to the GNU/Linux kernel? I up his bid with the addition of my Duskdeep Full Helm, Bitter Flange Diamond Mail and Eagle Scarab Jewel. Both offers are equally valid.

  59. Typical Dark Capitalist Attitude... by Phoenix-IT · · Score: 1

    I'm not speaking of all Capitalists, just the scoundrels.

    There will always someone who will want to buy the hard work of others for next to nothing and resell it for billions. I mean, this is what happens when unethical attitudes in buisness go unchecked and become socially acceptable. Gates did this with MS-DOS, remember? And I believe he bought IT for $50K as well.

    Problem with this is, there are too many people involved in Linux to be hornswaggled into such a deal.

  60. Nah, feed him to... by leonbrooks · · Score: 2, Interesting

    ...the demoroniser. Be warned that you might not get anything out the other end. This guy looks like being such a waste of half a square meter of Earth's surface that even hate is overspending on him. D'ohl's unsuspected secret twin.

    --
    Got time? Spend some of it coding or testing
  61. A Con-Man by ChaoticCoyote · · Score: 4, Informative

    I'll let Merkey speak for himself, and let other judge who and what he is...

  62. Best. Excuse. Ever. by Anonymous Coward · · Score: 0
    Allegedly, the lead Wolf Mountain engineer, Jeff Merkey, refused to document the source code of the Wolf Mountain project, stating that, "If I write it down, then Novell owns it," according to an affidavit by Kelli Frame, a technical writer at Novell responsible for writing technical documentation of Wolf Mountain. Merkey allegedly also told Frame that in his view he owned the technology and that "there is not a single line of documentation in the source code, and we did that on purpose." Merkey allegedly kept a copy of the source code at his home because if he "left this place, he would need it."

    Best excuse even for not commenting code. I'll have to use it next time my boss bitchs at me about the same thing.

  63. More on Seraphim Proudleduck by Anonymous Coward · · Score: 1, Informative

    you can find it here.

    1. Re:More on Seraphim Proudleduck by Anonymous Coward · · Score: 0

      That previous seraphim proudleduck page links to here, but why?

  64. Re:Oh, almost forgot ... by Anonymous Coward · · Score: 0

    Offtopic? It's a fucking joke. May the metamod queue have no pity on your sole.

  65. Jeff merkey and double Y chromoseomes by Anonymous Coward · · Score: 0

    Jeff merkey states he has doubled Y chromosomes:

    http://groups.google.com/groups?hl=ru&lr=&selm=fa. dttmd0v.117e61s%40ifi.uio.no

    Such people often have close to normal intelligence, but a lot of unmotivated aggresiveness.

    http://www.imdb.com/title/tt0075601/

  66. If the letter was really mailed.... by LightSail · · Score: 1

    FBI reviews GL,

    FBI refers SEC to GL,

    SEC starts investigation of TSG,

    TSG insiders start to sing,

    THE END!

  67. Worlds best Troll by BlindShep · · Score: 1
    OK. He's won the title - can we please ignore him and move on please?!

    Honestly, i'd never heard of Jeff Merkey until he popped up on Groklaw. But now it's like watching a car crash.

    From the LKLM postings, and bizare behaviour, to the is it / isn't it Jeff Merkey posting as anon on Groklaw, to the judges comments when Novell sued him, and now threatening some small posting group for daring to have a thread with his name in it.

    This guy wins the title for worlds best Troll.

    Personally, I think Mr Merkey is in need of help. He hides behind his race, makes threats when ever someone posts something he doesn't like, and is only after attention.

    The best thing to do is ignore him. He deserves our pity, not our attention.

    --
    A Dog isn't just for Xmas. With luck there will be some left over for Boxing day as well.
  68. Entertaining! Bring popcorn. by Anonymous Coward · · Score: 0

    Hm, this is entertaining. I wouldn't worry about this. Instead, bring popcorn, and enjoy the show.

  69. Re:One easy solution by Anonymous Coward · · Score: 1, Funny

    Well this isn't a housing dispute. He'll have to try some other law.

  70. Consider the source, have faith, retain a lawyer.. by moorley · · Score: 1
    In that order.



    Obviously this guy has gotten cross ways with reality as most people know it. And occasionally different firms and folks have gotten in the crossfire while he catches up. Sounds like he's headed toward the realm of geniuses and eccentrics but his odds are getting slimmer for the former I'd think ;-)



    At every point folks have to choose to express their wants, whatever they may be, in a constructive fashion or a destructive fashion. To be critical of myself, I'm not always so good at it. But I think in time I come around to the more constructive side. This guy looks like he's a little less discriminating, a LOT more energetic, definitely more accomplished and it takes him a wee bit more time to come around.



    So if you lack faith in the man's decency to man, which is in short supply these days then feel free to consider the third option: A lawyer. In the end you may still not achieve your goals ( in this case it would be retaining merkey.net in its current fashion I would suppose) but that's up to Matt Merkey to decide how much its worth to him.



    I would also suggest a path of reconcillation backed up by law/lawyer/judge, rather than "legal victory at all costs". In the end you just want Mr. Jeff Merkey to realize their is a better way to achieve his peace of mind and move along.



    Mayhap yournamesake.com is the modern equivalent of that hated doppleganger which shows that which you don't wish to see. I haven't looked mine up. Mayhap I should... Probably better if I don't.



    Good luck to you Matt!

    --
    "Don't fear death... fear not living..." -me :)
  71. Trouble with BSD by ajs318 · · Score: 3, Interesting

    The trouble with the BSD licence is that it does not oblige you to distribute the source code with any derivative work {unless you go for the two-clause, source-only distribution licence ..... which is fine for stuff written in an interpreted language, but not much cop for something like an OS kernel}. This means that someone else can take all your hard work -- which you intended to be for the benefit of everyone -- and "fence it in" by distributing a modified version in binary form only, and not giving anybody the source code. While it may well be a trivial matter to reproduce their effort and release a functional equivalent in source code form, it's still work that you shouldn't have to do. This is one of the things meant by "the price of freedom is eternal vigilance" -- in this case, if you give other people too much freedom with your code, then you have to watch over them forever to make sure they don't compromise any further people's freedom.

    Of course, not everyone who uses the BSD licence is a fencer-in. But why give them the chance? If you think the right of the majority to make use of the code you wrote overrides the supposed right of a minority to keep that code to themselves, then use a strong copyleft licence such as the GPL or ShareAlike. If on the other hand you think that the owner of a knife {howsoever it may have come into their possession} has the right to decide who they stab with it, and you don't mind that it might be you or your friends or family they stab, then go ahead and use a weak copyleft licence such as the BSD licence. And watch your back.

    The Linux kernel developers collectively want to guarantee the freedom of their source code, so they have chosen the GPL. If you want a BSD-licenced kernel {and why would you want a BSD-licenced kernel anyway, if not to fence it in? What else does the BSD licence permitthat the GPL does not?}, then you have a choice: FreeBSD, NetBSD or OpenBSD.

    --
    Je fume. Tu fumes. Nous fûmes!
    1. Re:Trouble with BSD by AnfieldSierra · · Score: 1

      "This means that someone else can take all your hard work -- which you intended to be for the benefit of everyone"
      And here's your problem. You make the mistake of assuming that by licensing your code under a BSD license that you intended it to be for the benefit of everyone. Bzzzzzzt!! Maybe I simply don't mind what someone else does with my code. I'm no poorer for having done so.

      "Too much freedom" !!!???!! Are you mad ??
      Well I can see that you are at least rabid and paranoid. You extrapolate that simply because one person may use BSD licensed code to create a closed source binary this somehow overrides all other possible uses by everyone else.

      Have you perhaps heard of the concept of "substantial non-infringing use". The idea that a device may have many uses, only some of which may be illegal, seems to have escaped you.

      By your logic, all VCRs should be banned because someone might copy a video tape.
      Cars should be banned because someone might have an accident.
      If BSD licensed software can be used in a closed source environment, it too should be banned. You're off on another planet mate.

      "What else does the BSD licence permit that the GPL does not? "
      The BSD license permits ultimate freedom for the author. They alone choose how they license their software and they are not arrogant enough to impose further restrictions on what another person might wish to do with it. It's all about choice. You seem to want to restrict my choice of license. Pull your head in.

    2. Re:Trouble with BSD by stonecypher · · Score: 1

      The trouble with the BSD licence is that it does not oblige you to distribute the source code with any derivative work {unless you go for the two-clause, source-only distribution licence ..... which is fine for stuff written in an interpreted language, but not much cop for something like an OS kernel}. This means that someone else can take all your hard work -- which you intended to be for the benefit of everyone -- and "fence it in" by distributing a modified version in binary form only, and not giving anybody the source code. While it may well be a trivial matter to reproduce their effort and release a functional equivalent in source code form, it's still work that you shouldn't have to do. This is one of the things meant by "the price of freedom is eternal vigilance" -- in this case, if you give other people too much freedom with your code, then you have to watch over them forever to make sure they don't compromise any further people's freedom.

      Some of us see this quite differently. I've released a bunch of source under the MIT license, some of it to fairly extensive systems (>25kLoc of dense C++ .) One of the things I released was a large string manipulation library for Delphi. Someone else turned around, made it into a component, and sold it - that is, they just added an interface, maybe 50 lines of code - and asked for money for it. I asked them once whether they'd done well; they claimed to have netted about three grand for 50 lines of code.

      And you know what? More power to them. I really don't give a rat's ass. I required that my library's name and the original author's title be prominently displayed, and he did me proud: I was everywhere, from a mark on the front page of the documentation to a string in the component itself which could be read right from within the IDE.

      What he did was to one-up me at marketing. He took a product, made it look much simpler to use, gave it a better name, and re-released. I'm not out any money: I wasn't selling it in the first place. And if someone buys a library without checking out the free library it's based on, they're dumbasses or there's added value (or both) and so in either case it's not my place to bitch.

      I don't think the other programmer did anything wrong.

      The trouble with the BSD license is that it doesn't do what you want for your code. That's fine. Nobody cares. Do whatever you want with your code. That's not actually trouble with the license; it works quite well for what it's supposed to do, and many people are quite happy with it. The trouble with the BSD license is that it carries provisions which don't cater to your needs and desires. In other words, there's no trouble at all.

      Of course, not everyone who uses the BSD licence is a fencer-in. But why give them the chance?

      Because I don't think budding engineers should have to reinvent every wheel they find. Why do you care what I allow on my code?

      If you think the right of the majority to make use of the code you wrote overrides the supposed right of a minority to keep that code to themselves, then use a strong copyleft licence such as the GPL or ShareAlike. If on the other hand you think that the owner of a knife {howsoever it may have come into their possession} has the right to decide who they stab with it, and you don't mind that it might be you or your friends or family they stab, then go ahead and use a weak copyleft licence such as the BSD licence. And watch your back.

      This doesn't make any sense at all. You seem to be stuck on the idea that if I release code and someone uses it in a closed source fashion I have been somehow taken advantage of. I chose this license with open eyes, and I'm perfectly aware of what its provisions are.

      As a small entrepreneur, the restrictions of my clients have occasionally forbidden GPL products (especially common in the gaming industry where publishers often outright forbid any source release in order to defend pl

      --
      StoneCypher is Full of BS
    3. Re:Trouble with BSD by TiggsPanther · · Score: 1
      The trouble with the BSD licence is that it does not oblige you to distribute the source code with any derivative work {unless you go for the two-clause, source-only distribution licence ..... which is fine for stuff written in an interpreted language, but not much cop for something like an OS kernel}. This means that someone else can take all your hard work -- which you intended to be for the benefit of everyone -- and "fence it in" by distributing a modified version in binary form only, and not giving anybody the source code.

      I'd say it's not exactly "the trouble with" the BSD license, more an issue with it. Some coders obviously don't mind that a commercial derivative can be made that might contain their contributions, and that's up to them.
      On the one hand (and for some coders) it could well be seen as a weakness in the license. But, to play Devil's Advocate, it can easily also play out as a strength. There are companies out there who, like it or not, will not sue a strong copyleft license. There's no way that every software house out there is going to be comfortable with having to release any and all modifications to code they used for a product. However if they can modify some code under a BSD-style and keep some parts to themselves there's still a good chance of them coming up with something interoperable with other systems.

      I think that both types of license are vital, certainly at the moment. Both have their pros and their cons. I like the idea behind the GPL and like that it legally guarantees that people can't derive a closed product from a GPL project. I also think the BSD license has one major thing going for it. You don't have to contribute back. But many people, and companies, do just that. (e.g. Apple seem to share their Darwin changes back with the BSD community) True these companies might not release everything but they don't technically have to release anything, yet they still choose to. And it's probably an ideal language for when you can't take an "all or nothing" approach to releasing your code.

      Plus although I guess that such modifications are released because it's in their own best interests (i.e. if someone else can tweak one of their mods then they don't have to) it's nice that they consider sharing many of their changes rather than keeping all their work secret being in their best interests. It might only be a small step forward, but it's probably a significant one.

      --
      Tiggs
      "120 chars should be enough for everyone..."
  72. This is stupid and sad by The+Pim · · Score: 4, Informative
    Just from Merkey's lkml posting history (go back to 2000 or before for more juicy stuff), it is clear that he's mentally disturbed, on way too much peyote, or both (as well as an unusually talented engineer, if he could keep his illness out of the way). Take this post, for example. He knows himself, at some level, that he's nuts.

    Merkey came recently into the limelight due to more lkml posts, which were again clearly the product of his insanity. He's not an agent of SCO, Canopy, or Microsoft; he's just deranged. He didn't go to the press. If slashdot and (especially) groklaw hadn't picked up on the "story", this would have mercifully died away. His bizarre reversal should be ample evidence of that.

    The best thing for him and for us would be to ignore his unfortunate condition. I can only find the current situation wasteful and tragic.

    --

    The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
    1. Re:This is stupid and sad by Anonymous Coward · · Score: 1, Interesting

      As I recall, he got sued for taking all source code while at Novell and then giving it to Microsoft. He returned his laptop to Novell with smashed hard drive platters. Also, we had a competing product to Netware within 3 months of leaving Novell.

      Yeah, he's a great one.

  73. De Feds & Hate Crimes by Glamdrlng · · Score: 1

    Let's just hope the feds don't find the old troll posts referring to homosexual african americans...

    --

    Yes, my only tool is a hammer. And you're starting to look like a nail.
  74. Earth to Merkey by hey! · · Score: 2, Interesting

    Geez, I really need access to a Unix with source code and a license that allows me to modify it to create a closed commercial product.

    I got it! I'll pay somebody $50K to give me a copy of Linux under a BSD license!

    Does anybody else think this guy has to be a moron?
    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Earth to Merkey by stonecypher · · Score: 1

      Yes, but not for that comment. What it's saying is clear as day: he wants the functionality of Linux in a form that's usable in commercial and closed-source situations, and he's willing to provide seed funding to make it happen.

      If he weren't such an untrustworthy unreliable scumbag, I'd be trying to get other people to show similar support. Whereas I disagree with him as a whole, on this issue I agree strongly; many customer products would be suddenly Much Betterererer (tm) if certain tools which are not currently available to them became available to them, and as convergence progresses, it's going to become a bigger and bigger issue.

      Anyone who has a ReplayTV and knows what GUI tools are available to free software knows exactly what I'm talking about.

      --
      StoneCypher is Full of BS
  75. Even better... by Anonymous Coward · · Score: 0

    First sentence of Merkey's reply:

    you are using my name and trading on my good will

    Last sentence of that same paragraph:
    You are using my name to create bad will

    Umm, so which is it? How can they be using your name to "trade on your good will", when you claim they're using your name to "create bad will".

    Whatever you're smoking, cut the dose.

    1. Re:Even better... by Ayaress · · Score: 1

      It's not an example of inconsistency, it's an example of his complete inability to spell words right, and poor understanding of colloquialisms. In the first sentence, he seems to mean they are "treading" on his good will. What that means, i don't know, but all terrible things he accuses Grocklaw of could certainly be considered, "treading on his good name," if he had one.

  76. jmerkey@drdos.com by Anonymous Coward · · Score: 0

    "jeff v. merkey"
    This guy is a total moron and his understandind of the laws is totally wrong, it seems to me that hes is just trying to get someone to give him money just to shut up! considering none of his accusations would even hold any ground in court. And if he did actually get in court (wich is highly unlikely) the judge would probably look at theses and after laughing his *&# off he would tell he is stupid and to get the he{{ out of his courtroom and never come back again.
    I mean seriously how can you commit a hate crime against someone that you have never seen before and never told what ethnicity he was? I think this guy should just be banned from the internet because of stupidity! (insanity would work also!)
    Oh, i think just to get the point accrost we should all email him and let him know how stupid he is!

    here are some interesting things that i found about him
    http://groups.google.com/groups?selm=2N22Z-Lz -29%4 0gated-at.bofh.it
    http://yah.warmcat.com/threads. php?board=160068446 4&sid=cald&tid=1600684464&showboard=SCOX&parent=19 8001&page=show
    http://lwn.net/Articles/106353/
    h ttp://www.itworld.com/Career/1882/ITW2341/
    http:/ /www.shaftek.org/blog/archives/cat_technolog y.html
    http://zdnet.com.com/2100-11-524200.html?l egacy=zd nn
    http://marc.free.net.ph/message/19991111.08134 1.c7 900595.html
    http://mirrors.zoreil.com/vger.timpan ogas.org/mano s/os/src/window.c

    1. Re:jmerkey@drdos.com by VocabularyNazi · · Score: 0

      either fucking spell the words out or don't bother to fucking use them.hinting at profanity shows a lack of balls.

      --
      I will not be using Plan 9 in the creation of weapons of mass destruction to be used by nations other than the US.
    2. Re:jmerkey@drdos.com by Anonymous Coward · · Score: 0

      Its Called emphasizing! And i think it looks better than just spelling it out. Its like using a $ im Micro$oft! duhhh.

    3. Re:jmerkey@drdos.com by Anonymous Coward · · Score: 0

      Id have to agree with him, it looks a lot better than using profanity!

    4. Re:jmerkey@drdos.com by Anonymous Coward · · Score: 0

      Yeah, but the M$ thing is fucking moronic.

  77. Email him yourself by grendel's+mom · · Score: 1
    If you would like to discuss this with Jeff Merkey, send him an email! His email address for your convenience: jmerkey@drdos.com

    Check out these too. Ol' Jeff I'm-a-moron Merkey pissed on the wrong people.
    http://iluvducks4.mybesthost.com/ http://iluvducks3.mybesthost.com/

  78. Just like any other lifetime conartist by Facekhan · · Score: 3, Interesting

    There seems to be a lot of these con artists pretending to be business men. Their main skill is speaking well and convincing people that doing what they he wants is in their own interest.

    I worked for Stelor Productions. www.stelorproductions.com which owns www.googles.com

    The CEO is Steven Esrig, a lifelong con man who pretends to be a businessman. After discovering what kind of scum he really is I quit and he refuses to pay me my last few weeks of wages.

    When I confronted him on this by sending him a letter telling him I intended to sue him he actually had the gall to threaten to sue me and members of my family frivolously and to accuse me of stealing documents which he knows I did not do and in fact the entire event where the accusation comes from where another former employee was accused of stealing documents was a complete fabrication on his part intended to force her to sign a release and relinquish claims on copyrighted works that she claimed she was never paid for. Of course I do kind of want him to accuse me of it because then instead of a few weeks pay I will have a million dollar slander open and shut slander lawsuit.

    1. Re:Just like any other lifetime conartist by ducomputergeek · · Score: 1
      I worked for a short time for a company that had a legit product, but one that was going to be replaced by Wifi within 18 months (was my predictiom, turned out to be more like 8 months). Anyway, the guy was defrauding his clients and lying through his teeth. Maybe it was his sales background or what. Anyway, I was hired on as the IT guy and he wanted me to write scripts that would make it "look" like he was getting more hits than he really was. I refused, was fired/quit, and he never bothered to pay me my last 3 weeks pay. Total sum was about $3000. It would have taken more than that to hire a lawyer. I didn't worry about it because I knew that he would be out of business in less than a year.

      Sure enough, about 9 months later, all his products were out of their locations and I drove by what used to be the offices and his space was for rent/lease. Justice was served just because I was right, he was out of business in a short time.

      Past year I've been working as a consultant and made enough to pay bills and such while looking for a full-time job. Ran across someone looking for my skills and just had an interview with him. After about 10 minutes of poking around on the internet found out his business is an Amway front. So go figure. In fact as I write this from a St. Louis Bread Co. (Penera Bread Company anywhere but St. Louis) he just walked by with some blue prints saw me and left as if he had some kind of "real" business to look at. This world is full of scammers and schisters.

      Eventually they get what they deserve...well I say that I get to choose between Tweedle-Dumb and Tweddle-Dumber part II just like in 2000 tomorrow...fun, fun.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    2. Re:Just like any other lifetime conartist by Facekhan · · Score: 1

      This world is full of scammers and schisters.

      Funny that you mention schister. That is what I called him. And for the record I am going to small claims court which costs me a 20 bucks plus 30 to have him served by a sheriff so its not really a financial burden. And by all accounts he is probably on his way out of business as well since most of the deadlines they were talking about have passed since I left and they still don't have those revenue generating activities they were planning nor have they made the big deals they were saying were in the works. Its also a criminal offense to not pay an employee so depending on whether or not he chooses to defend the complaint I will swear out a criminal charge against him as well.

      This is a guy who needs to lose because no one has ever stood up to him in his life.

    3. Re:Just like any other lifetime conartist by stonecypher · · Score: 1

      There seems to be a lot of these con artists pretending to be business men

      This guy was the project leader for one of the longest lived and most commercially successful operating systems in history. He is legitimate. Please do basic research before engaging the soap box.

      Now, I am not a lawyer; that said, I have a basic familiarity with it, so I feel I must whack you with el ClueBat a few times.

      What you're doing here talking about your former boss is libellious. You're behaving unethically and illegally, whether or not you're correct. As far as a slander lawsuit, my dear boy, you're also engaging in that right now; the lawsuit is in his hands, not yours. Furthermore, you're publicly threatening legal action as a consequence of any behavior of his with which you disagree; this is barratry, also quite illegal. Should his lawyers see this snippet, which with google and his last name they will, you've just shot your lawsuit straight to hell, quite possibly alongside a decade of your life and a significant chunk of money to cover reparations to a web business, for whom image is so immensely important that his damage estimates can be stratospheric and still be considered accurate.

      Don't kid yourself about understanding the law. You've just broken it four times (two counts of libel, one of slander, one of barratry, the last a serious offense actionable by the state without Mr. Esrig's intervention.)

      --
      StoneCypher is Full of BS
  79. Is this guy serious? by schleyfox · · Score: 0

    Ok to get Linux under a different liscense, everyone who contributed code would have to agree with the change. There are thousands of different kernel contributors, and I would imagine most would not want it un-GPLed. At most he could get a large amount of the kernel if (and he wont) managed to convince linus or andrew morton. Its just not going to happen.

  80. Just a nut case by LittleLebowskiUrbanA · · Score: 2, Insightful

    The guy had claimed to have a cure for arthritis, reguarly smokes and grows peyote and now this?

  81. Some pieces should be released under BSD. by Anonymous Coward · · Score: 0

    For example, it would be really good if the ext2/ext3 kernel code was released under a BSD licence. Then *.BSD could work with linux parititions more effectively.

    It seems only fair, since Linux has benefited from BSD code.

  82. a dying breed by juan2074 · · Score: 2, Funny
    Merkey is definitely a minority. Worldwide, SCO supporters are few. They are a dying breed.

    God forbid, they might get listed under the ESA, and would be protected, along with their habitat.

    1. Re:a dying breed by theCoder · · Score: 1

      Does that mean we won't get to hunt them anymore? Damn meddling government...

      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
  83. it is pretty clear that he is not Linus's favorite by Anonymous Coward · · Score: 0

    http://groups.google.com/groups?q=group:fa.linux.k ernel+author:Merkey&hl=en&lr=&newwindow=1&selm=fa. e2ofq15.1c266qf%40ifi.uio.no&rnum=2

  84. Escapee by Seanasy · · Score: 1

    Who let this guy off of Usenet? I'll give him points for style for using the "hate crimes" line. But, if he follows-up with a RICO threat, I'm taking them back.

    I'm not sure if we should be hating him for his stupidity or pitying him for his mental illness. Seriously.

  85. Re:One easy solution by mwood · · Score: 1

    "Thoughtcrime", not "thinkcrime". Report to MiniTrue plusquick for the Newspeak refresher course.

  86. Troll? by Anonymous Coward · · Score: 0

    If you guys think this is a troll, you haven't read usenet for very long. He's not kidding about all the kooks out there, or that they have WAY too much free time on their hands :P

    (You should know what that's like--you're reading Slashdot, after all ;-)

  87. Derek Smart by Anonymous Coward · · Score: 0

    If this guy has some staying power, he could become the Derek Smart of the Linux community!

    If Jeff Merkey is another Derek Smart then I pity him. This is a quote from Derek Smart from http://archive.gamespy.com/interviews/april03/smar t/index.shtml

    "how burnt-out, distraught, and distressed I was back in 1996-1997. So I stayed home, by myself -- and cried about it. A lot. Day after day. "

  88. False Hate Crime claims can be bad... by Anonymous Coward · · Score: 0
  89. exactly by abandonment · · Score: 1

    nuff said

  90. a minority of posts are negative by kardar · · Score: 1

    I think that there are some things that Groklaw gets really, really right. The overwhelming majority of the articles that they put out are quite good and represent a point of view that is in fact very necessary.

    Personally, I have found the opportunity to interact with other like-minded UNIX/Linux/BSD programmers very useful, even if it's somewhat off-topic - there are no doubt many coders with tons of experience who post there and as far as a forum goes, it's excellent.

    I think that there is a minority of posts that are getting Groklaw the type of reputation that this issue is riding on. So, setting my personal desire to "hang out" and interact with the best and the brightest, it seems to me that perhaps the idea of it still being a "blog", or the idea of people posting comments be reconsidered. I wouldn't suggest it because I know it's not going to happen, but that's just one way to present a more serious face, I suppose.

    It's a minority of the posts that show an affect - a type of personality that can be seen in the writing style - a type of cynicism... this is, no doubt, creating problems such as this one we are discussing today. If you have a problem with the facts, then you have a problem with the facts and you can dispute those facts. It's attitude, demeanor, and rhetoric that are going to create these types of problems.

    In any case, most of the information avilable at Groklaw is invaluable. But there is a minority of posts and opinions that I have seen on Groklaw that are unnecessary and too negative. It's nonsensical. I just weed through those.

    It would be absolutely wonderful to have the information that is presented on that website be presented in a professional, matter-of-fact way, sans comment, sans cynical rhetoric and humor. The information that is presented is in no way factually incorrect, nor is it inappropriate, nor is it in violation of any one thing or another. The absolute need in the online world of the point of view and the type and depth or factual data that Groklaw provides isn't deserving of the negativity, however minor, that can be found not only in the comments but at times, in the narrative top-level comments themselves.

    Not that it's any big deal, but it's those little things that create these kinds of problems. It weakens the position, and makes the whole thing look somewhat less professional than it could be. But there may be other problems associated with that as well - there's safety in numbers, etc...

    Perhaps individuals should just chill out and weed through the negative stuff and comments and realize how much valuable info there is available at that website.

  91. I pity the fool! by Anonymous Coward · · Score: 0

    ...to quote the wise Mr. T.: "I pity that Merkey fool!"

  92. Sounds like the man needs some help by xenocide2 · · Score: 2, Funny

    Certainly, nobody likes being slandered on the Internet, nor do we like our flaws pointed out publicly. But its something you simply have to deal with.

    Honestly, in my hasn't-passed-the-bar psychoanalysis, it seems Merkey is suffering from what a friend who also suffers the same malady called "the CEO's disease." That is, manic/depressive or bipolar disorder, or whatever you wish to call it. I personally dislike that cute title of endearment; my father suffers from the same malady. A closer description would be the "white collar felon's disease." Untreated, its a dangerous mix of activity, enthusiasm and an absolute void of self-doubt or concern. Fortunately these things are easily medicated once recognized. A few doses of lithium salts appears to do the trick, for reasons unknown.

    Unfortnately, part of being maniacal is not taking these pills. The path they lead until their own neurochemical system comes back to earth is often twisted and dangerous. Its hard to call them liars, but if you've ever met someone unmedicated in society during this state, the word optimistic is wholly inadequate to describe their worldview. What this man needs is help, before the hole he's digging becomes his grave.

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

    1. Re:Sounds like the man needs some help by Anonymous Coward · · Score: 0

      "before the hole he's digging becomes his grave"

      What's the problem ?

  93. Why want a BSD licensed Linux? by wolrahnaes · · Score: 1

    Here's something that has baffled me about this entire chain of events.

    Why the hell would anyone want to pay for a BSD-licensed version of Linux? Linux is a UNIX-like OS, maintained by hobbyists, and released for free on the Internet.

    There is already an OS that meets those same three qualifications, but is BSD licensed. It's called (drumroll, please) BSD!

    Now I've only toyed with BSD on a few occasions, but it's my understanding that there are systems in place that allow binary compatibility with Linux. It also should be nearly 100% source-compatible. If a feature is implemented in one that turns out to be useful, it will soon be available in the other.

    From the perspective of a desktop user, once set up the two are identical. To a power user or admin, there are noticable differences, but not enough to make someone uncomfortable.

    The question remains: why bother with getting Linux BSD licensed when BSD is right there?

    We all know MS has used BSD code in the past, and I'd wager that most other OSes contain something that was acquired (perfectly legally I should add) from BSD.

    --
    I used to get high on life, but I developed a tolerance. Now I need something stronger.
    1. Re:Why want a BSD licensed Linux? by The+Wicked+Priest · · Score: 1

      I've wondered this as well. I realize that the guy is a troll, but has no one ever said to him, "If you want the BSD license, use BSD"? If it's good enough for Apple, it should be good enough for him. Has he ever addressed this?

      --
      Share and Enjoy: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  94. Nice Headline by the+pickle · · Score: 1

    Am I the only one who read that as "50K Linux Bites Man...?" And here I was thinking, "Man, this is REALLY big news! A computer bit someone!"

    p

  95. Hate crimes and CEOs by Skapare · · Score: 1

    1. CEOs are a minority of the population
    2. I hate CEOs
    3. Therefore I hate a minority
    4. Therefore I must be guilty of a hate crime
    --
    now we need to go OSS in diesel cars
  96. Re:here's what they could do... with qmail by evbergen · · Score: 1

    Or qmail:

    echo jmerkey@drdos.com >>/var/qmail/control/badmailfrom

    Cheers,

    Emile

    --
    All generalizations are false, including this one. (Mark Twain)
  97. They tried, but were rejected by Anonymous Coward · · Score: 0
    As pointed out in the comment from dmanny this was covered here

    Slashdot, Sep 30th

    Don't you miss it. Don't you miss it. Some of you people just about missed it. -- D. Byrne.

  98. Habitat? by cheros · · Score: 1

    Ah, this is getting interesting. Define a habitat for a SCO fan ;-).

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  99. re Yellow Paper, Yellow Journalism by n1vux · · Score: 1
    No, the cheap paper doesn't turn yellow for years, if kept out of sun and air. Both the serious and scandal-ridden newspapers were printed on the same cheap (high acid, 100% wood pulp) newsprint (!Popups!), but the newsprint revolution made the price wars that drove "yellow journalism" possible:
    Not the least revolutionary change was the astounding drop in newsprint prices that advances in papermaking technology afforded - newsprint prices that were 28 cents per pound in 1864 had plunged to two cents or less per pound by 1897. -- ConservATree

    Industry history can be found at Freedom Foundation's Newseum, the Museum of Printing Boston/N.Andover (disclosure: my name appears on that site less often now than in the past), APHA and similar.

    (See other postings for the well-known use of yellow ink in certain cartoons which lent the name to the editorial style of those papers.)

  100. A real gold-digger by toby · · Score: 1

    Don't forget gold miner.

    --
    you had me at #!