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Open Source As Legal Time Bomb

Hwyman writes "TechWorld is reporting on the latest attack on open-source software by the Microsoft-backed Alexis de Toqueville Institution (ADTI). Many here will remember ADTI's previous assertion that Linux Torvald was NOT the true father of the Linux kernel. Taking the stance that OSS is in conflict with IP law, ADTI president Kenneth Brown states, 'After a brief glance at much open source software development, it becomes readily apparent that a number of open source practices directly conflict with best practices associated with protecting intellectual property.' With references like 'open sores software,' it's easy to believe that ADTI might be somewhat biased."

372 comments

  1. So.... by Anonymous Coward · · Score: 0

    Does anyone really care what Microsoft's puppet says?

    1. Re:So.... by Anonymous Coward · · Score: 0

      No. I'd completely forgotten about those tools. Now they've ruined a perfectly good nailing-to-a-tree holiday!

    2. Re:So.... by MightyMartian · · Score: 1

      This puppet in particular is so outrageously unreliable that I think that using anything it publishes as toilet paper is too good.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:So.... by aichpvee · · Score: 1

      This is Not News(tm)

      --
      The Farewell Tour II
  2. They don't just lie about Linux. by Slartibartfast · · Score: 3, Informative

    It will come as a surprise to no one that the AdTI, which attempts to portray itself as bipartisan, is actually 100% scum. The following is the text of an e-mail I sent to AdTI president Ken Brown (kenbrown@adti.net) not five minutes before I saw the Slashdot story:

    === cut here ===

    Subject: Oh, my.

    How had I not hit this link yet?
    http://www.answers.com/topic/alexis-de-tocqu eville -institution

    It goes without saying that my opinion of you has suddenly -- and almost incredibly -- dropped several notches. Nothing you have to say in your defense will in the least matter. I will gladly -- and publicly -- continue to flame you, but believe me; nothing you write will ever sway me.

    Until today, I thought you were merely "for sale." Now I know that you are reprehensible, and without redeeming value of any kind. Covert collusion with the tobacco corporations?

    Hanging is too good for you.

    Good day, and good riddance.

    1. Re:They don't just lie about Linux. by Anonymous Coward · · Score: 5, Insightful

      Why play their game? Closed source by it's nature is competitive. Why does everyone feel a burning need to prove that linux is superior. Don't play these games.

      Lets not fight, use and develop linux, and leave the fools to use inferior closed source products.

    2. Re:They don't just lie about Linux. by morleron · · Score: 4, Informative

      What bothers me is that I actually spent five irrecoverable minutes reading the trash spewed by this so-called think tank. If Ken Brown is representative of the type of intellectual talent found in the typical "think tank" it's no wonder the world is in trouble from listening to those folks. I suspect that, given enough money, Mr. Brown would be able to "prove" that he's his own father; which, frankly, is the only way that I can figure out for him to have come into being.

      Just my $.02,
      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
    3. Re:They don't just lie about Linux. by Anonymous Coward · · Score: 0

      Just so you know; answers.com is wikipedia.org content + ads. Consider linking to wikipedia directly....

    4. Re:They don't just lie about Linux. by emurphy42 · · Score: 2, Informative
    5. Re:They don't just lie about Linux. by mcc · · Score: 3, Insightful

      Why does everyone feel a burning need to prove that linux is superior

      Among the people performing quality development of open source software at this time are for-profit companies that have found a way to work open source into their business model.

      If the enemies of open source can find a way to put these companies at an unfair disadvantage with customers through paid public slander, open source will indirectly suffer as a result of their problems.

      I think most of the possible "fight" responses, as you put it, to this sort of thing are unlikely to be meaningfully productive. But it's definitely worth caring about.

    6. Re:They don't just lie about Linux. by Anonymous Coward · · Score: 1, Funny

      It's a think tank, just someone forgot to put the plug in.

    7. Re:They don't just lie about Linux. by ultrabot · · Score: 1

      Lets not fight, use and develop linux, and leave the fools to use inferior closed source products.

      Many of us have jobs, and many jobs require you to use Windows. For now. Promoting Linux might help to change that someday.

      --
      Save your wrists today - switch to Dvorak
    8. Re:They don't just lie about Linux. by Anonymous Coward · · Score: 0

      yes, and with a litle more he can prove that he is his own mother, that sob.

    9. Re:They don't just lie about Linux. by ddimas · · Score: 1

      No son, he's a MOTHERLESS F***. Please correct your terms of abuse.

    10. Re:They don't just lie about Linux. by RichardX · · Score: 0, Troll

      Wow, these guys suck!
      They also have an 892k JPG on one of their pages (christ knows why, it's only 230x143).. a slashdotting on that page would be pretty painful, no?
      Go on.. click the link, you know you want to :)
      For those who don't trust any links given on Slashdot, just go to their site and follow the "awards" link.

      --
      Curiosity was framed. Ignorance killed the cat.
    11. Re:They don't just lie about Linux. by Sj0 · · Score: 1

      These are the liars who said that Linux .1 was based on minix code. They've also done clandestine PR work for the tobacco industry. At what point are they chronic enough liars that you can just point to them and say "don't listen to them, they're unprocessed human waste"?

      --
      It's been a long time.
    12. Re:They don't just lie about Linux. by Anonymous Coward · · Score: 0

      What bothers me is that I actually spent five irrecoverable minutes reading the trash spewed by this so-called think tank.

      And I spent a minute reading your whine. What did I get out of it? "blah blah Ken Brown could only father himself blah blah" You make the AdTI seem like geniuses.

    13. Re:They don't just lie about Linux. by Anonymous Coward · · Score: 0

      I met Ken Brown in person a couple of years ago. What an arrogant asshole. Linux has nothing to worry about as far as this guy's concerned.

    14. Re:They don't just lie about Linux. by shanterusan · · Score: 1

      What are you on about? Did I miss something? Forgive me if I have, but didn't Linux get called Linux simply because Linus Torvalds based that new OS on the very limited Minix? I'm just curious (and a bit lost). ^_^

      --
      And then there was me.
    15. Re:They don't just lie about Linux. by storm916 · · Score: 1

      There are how many programmers in the world? Don't you think that some of them would have some of the same practices...oh wait I had better stay quite. microsoft and family might try to patent those too... Oh and its faster and has less bugs, and there are more programmers available to fix the ones that do crop up and sooner. No fumbling around like the boys over at microsoft do. So I believe it is somewhat superior.

    16. Re:They don't just lie about Linux. by Sj0 · · Score: 1

      This article details their unprocessed human waste-like activities.

      And for further proof that their claims that Linux was based on Minix are nothing but baldfaced lies: Aren't liars nice? The history of how Linux got it's name (from a ftp site operator who thought freax sounded gay) is well documented elsewhere.

      I'm on about the truth, and the more I see liars getting away with it, not just in this niche of computers, the more I want to do something about it. Human discussion cannot take place in an environment so hostile towards the truth.

      --
      It's been a long time.
    17. Re:They don't just lie about Linux. by sumdumass · · Score: 1

      I think the original statment wasn't that linux was based on minux rather that linus had copied minux and that was the only way he could have made a kernel.

      There is no doubt that minix had some influence on the creation of linux. The lie is that linus couldn't have made a kernle like linux .01 without copying the code form minux. this lie was made even after a study to support the claim determined that there was verry little simularity between linux .1 and minix. This report and "fact" was lost and never made it into the paper making the cliams though. It was durring the fallout that the researcher came forward and stated he told them that linux and minix weren't the same thing.

      It also should be noted that documents leaked form microsoft indecating that they funded the Alexis de Tocqueville Institution durring the timeframe this fud was emerging were even confirmed by microsoft to be true. Of course they didn't admit to being part of the fud campain.

  3. True Fathers by LordHatrus · · Score: 5, Funny

    James Earl Jones: Tux... I AM your father.
    Tux: Noooooooo!

    1. Re:True Fathers by Patrick+Mannion · · Score: 0

      No. It's Darth Sco: Tux....I AM YOUR FATHER! Tux:NOOOOOOOOOOOOO!

      --
      In America, you spam computers In Soviet Russia, computers spam you!
  4. Typo by Anonymous Coward · · Score: 2, Insightful
    "Linux Torvald"

    Linus Torvald..

    1. Re:Typo by Anonymous Coward · · Score: 0

      This reminds me of the worst name-spelling mistake I've seen online recently. Not only did they replace "l" with "r", but they added an "i" for some reason:

      Eric Craption

    2. Re:Typo by Lunix+Torvalds · · Score: 0

      Lunix Torvalds

      --
      Farmix
  5. Um... by neXus_umr · · Score: 4, Funny

    Umm... I would agree that Linux Torvald didn't create Linux, but Linus Torvalds did.

    1. Re:Um... by Anonymous Coward · · Score: 1, Funny

      I prodoudse id Lidugs Torbaldz.
      But I hab a cobe so dobe bind be.

    2. Re:Um... by imroy · · Score: 4, Funny

      I often mistype Linus as Linux. You have to remember that us Linux geeks spend a lot of time typing the word "linux". Either in online discussion or compiling source code, the letters l-i-n-u-x cross our keyboards very often. So when we try to type Linus, habit takes over and the 's' is replaced with 'x'. I even find that almost any word starting with 'lin' quickly becomes 'linux' purely by habit.

    3. Re:Um... by Anonymous Coward · · Score: 1, Funny

      I even find that almost any word starting with 'lin' quickly becomes 'linux' purely by habit.

      That's normal, man.

      But don't go promising a new girlfriend "special lingerie" or "linen bedsheets" "I bought just for you" over email, the results might suffer somewhat...

    4. Re:Um... by Johan+Palmqvist · · Score: 1

      You're not alone about that. And I even have Linus as a second name. On the third or fourth try I use to get it spelled correctly. I wonder if Linus Torvalds has the same problem... :)

  6. Big Stick Policy? by inertia187 · · Score: 5, Funny

    So the proposed solution is to sue the pants off of anyone involved with open source and take their money. Open source developers have a great defense against this: they have no money.

    --
    A programmer is a machine for converting coffee into code.
    1. Re:Big Stick Policy? by Anonymous Coward · · Score: 0

      So they go to prison instead. At least there they can prove that their code is their own by publishing it on sheets of paper from their cell.

    2. Re:Big Stick Policy? by nc_yori · · Score: 2, Funny

      How would you like it if I took your...gourd....thing....Mr. click-click-dirk?! *apologizes to anyone who doesn't get the South Park reference*

    3. Re:Big Stick Policy? by Anonymous Coward · · Score: 0

      Most OSS developers would probably love to have their pants removed by someone BUT like having no money they also get no lovin.

    4. Re:Big Stick Policy? by John+Seminal · · Score: 1
      So the proposed solution is to sue the pants off of anyone involved with open source and take their money.

      The problem is with lobby groups, those with an adgenda who use money to fund candidates, then corner the politicians to do thier bidding. How hard is it for a politician to say no to a lobby? How hard is it on them to lose, that's how hard. I am sure more than one lobbyist has whispered you need us.

      Even if laws don't exsist yet to kill Open Source, the laws are comming if they threaten the big corporations. Big corporations will use their lawyers, their lobbyists, and their fortunes to destroy those who innovate, those who want change, those who are competition. What ever happened to the monopoly laws, the collusion laws, the laws which defend the small mom and pop stores against the mega store?

      Open source developers have a great defense against this: they have no money.

      But the people who use their products do have money. And they are the ones who will be sued, and scared away. Even if I KNOW that I am in the right, and can win a lawsuit against me, will I want to spend thousands of dollars defending my company because we used some open source?

      The anwser to this is so simple, but it will never pass. Campaign finance reform. Throw out the lobbyists from the legislative process. Let Congress make laws that benifit the people, not laws written by lobbyists. There is a conflict of interest. How can your Senator work for your benifit if he knows he can't win re-election without the money the lobbyists provide?

      --

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

    5. Re:Big Stick Policy? by Anonymous Coward · · Score: 0
      they have no money.


      Unlike Microsoft, who has billions in cash, I have no revenue on my livecd distro. Sad, but true. I enjoy working with it, anyway. And, I wouldn't use anything else.


      Makes me wonder, sometimes, if there are those at Microsoft who are "closet linux" people.

      I did hear that a lot of them have ipods, and have to use different colored earpieces to disguise the fact that they are using an Apple product.

    6. Re:Big Stick Policy? by colinrichardday · · Score: 1

      And when the court gave its finger, was it because the government was doing/attempting to do something unconstitutional? If you are worried about dictatorship, you might want the government to be bound by a constitution.

    7. Re:Big Stick Policy? by Tablizer · · Score: 5, Funny

      Open source developers have a great defense against this: they have no money.

      Then the courts will take away their girlfriends. Oh wait

    8. Re:Big Stick Policy? by mog007 · · Score: 1

      That business model worked wonders for SCO...

    9. Re:Big Stick Policy? by Taladar · · Score: 1

      And you might want to update the constitution to fix all known exploits after same decades.

    10. Re:Big Stick Policy? by colinrichardday · · Score: 1

      And if we would prefer to retain the current constitution?

      Again what specific rulings did you disagree with, and why?

      What are these exploits?

    11. Re:Big Stick Policy? by darkpixel2k · · Score: 1

      I think that's only half-true. We don't have anything of value in currency form, but I'd bet any open source developer has more money invested in computers and equipment than most people have in their house.

      --
      There's no place like ::1 (I've completed my transition to IPv6)
    12. Re:Big Stick Policy? by Sponge+Bath · · Score: 1
      Then the courts will take away their girlfriends.

      Hah! I'd rather deflate mine than let the courts have her!

    13. Re:Big Stick Policy? by Hognoxious · · Score: 1
      If you are worried about dictatorship, you might want the government to be bound by a constitution.
      Yup, that sure worked in Togo.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    14. Re:Big Stick Policy? by colinrichardday · · Score: 1

      So because the constitution of Togo can be violated/subverted, the US should have such a constituion as well?

    15. Re:Big Stick Policy? by Hognoxious · · Score: 1

      All constitutions can be violated/subverted. They're just words on paper. No doubt you'll come back with how it would be illegal to do that kind of jiggery-pokery in the US. Well those laws are just words on paper too. You should be modded -1: laughably naive.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    16. Re:Big Stick Policy? by colinrichardday · · Score: 1

      That may be true, but that still leaves the question: Did the Supreme Court act constitutionally in giving the finger to the other branches of the government?

      Also, does judicial review make subverting the constitution harder?

  7. Not serious journalism or research by Anonymous Coward · · Score: 5, Insightful

    I doubt if anyone takes these people seriously.
    If anyone does, well, they're just not too bright to start with.

    1. Re:Not serious journalism or research by killjoe · · Score: 1, Interesting

      According to their web site the IMF has taken them seriously.

      Don't kid yourself there. These guys put out papers and postions that soon after will appear on republican talking points all over the media.

      --
      evil is as evil does
    2. Re:Not serious journalism or research by wannabgeek · · Score: 1

      I doubt if anyone takes these people seriously.
      If anyone does, well, they're just not too bright to start with.


      Open source does want to be taken seriously by managers.
      How many "bright" managers do ya know? ;-)

      --
      I'm much more funny, interesting and insightful than the moderators think
    3. Re:Not serious journalism or research by Snarfangel · · Score: 1

      According to their web site the IMF has taken them seriously.

      Yeah, but if they're caught or killed, the Secretary will disavow any knowledge of their actions.

      --
      This tagline is copyrighted material. Please send $10 for an affordable replacement.
    4. Re:Not serious journalism or research by Anonymous Coward · · Score: 0

      The reality is that there are a lot of not-to-bright individuals in positions of power. Not everyone is as well read and well informed as some of the people on slashdot. These types of things are directly important to us but of only peripheral importantance to many other people. Some decision makers rely on these types of studies to make decisions, as strange as that may seem to us.

    5. Re:Not serious journalism or research by Anonymous Coward · · Score: 0

      The more you look at their site, the more it reminds you of timecube...

    6. Re:Not serious journalism or research by FuzzyBad-Mofo · · Score: 2, Insightful

      They've certainly lost any shred of credibility with me. "Open sores" indeed. Imagine the outcry if the OSI or FSF put "Microshit" or something on their front page.

    7. Re:Not serious journalism or research by RabidOverYou · · Score: 1

      > a lot of not-to-bright individuals

      Do tell.

    8. Re:Not serious journalism or research by noamsml · · Score: 1

      unfortunately, that does not rule out the majority of american politicians.

    9. Re:Not serious journalism or research by Anonymous Coward · · Score: 0

      Welcome to the us congress

    10. Re:Not serious journalism or research by Anonymous Coward · · Score: 0

      I doubt if anyone takes these people seriously. If anyone does, well, they're just not too bright to start with.

      These people are called 'congressmen'.

  8. Link is buggered. by Frodo+Crockett · · Score: 3, Informative

    Fixed link.

    Stupid slashcode.

    --
    "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
    1. Re:Link is buggered. by Anonymous Coward · · Score: 0

      do you know what buggery is? if you did, you probably would not use that word

    2. Re:Link is buggered. by Anonymous Coward · · Score: 0

      We Americans cannot be held resposible for the perverted connotation certain words have acquired overseas!

  9. "Microsoft Backed" by tquinlan · · Score: 2, Interesting

    ...'nuff said. While there may be those PHBs out there that will buy this stuff, I'm pleased that those that I've been speaking to lately (a lot more since I got a new job) don't really buy this stuff, and usually do take into account where these studies, reports, and FUD come from.

    --
    DBA? Software Engineer? My company is hiring! Click
  10. Biased, with a point by nurb432 · · Score: 5, Insightful

    While they may be biased, and slant their findings, the concept of 'a problem' is valid.

    Even if nothing ever comes to light from IP/patent problems, it can ( and is ) keeping some companies away from adoption of anything open source out of fear of lawsuits.

    Remember, even if you win, the fight can easily cost you enough to put you out of business..

    --
    ---- Booth was a patriot ----
    1. Re:Biased, with a point by Anonymous Coward · · Score: 5, Insightful

      > it can ( and is ) keeping some companies away from adoption of anything open source out of fear of lawsuits.

      And while they're doing that, they're losing $$$ to the companies that DO leverage FS/OSS to do it better, cheaper.

      The "Boo-hoo -- don't use FS/OSS!" is going to fly about as well as "Boo-hoo -- don't buy foreign cars!"

    2. Re:Biased, with a point by Ohreally_factor · · Score: 4, Insightful

      As with many other things, Let The Market Decide.

      If there are businesses that are too afraid and meek to even explore OSS, it's quite possible that their competitors will find that edge and beat them in the marketplace (assuming, as I do, that OSS does provide a competitive edge). The least a business should do is to examine what the risks really are, instead of being buffaloed by the likes of Ken Brown.

      On the other hand, there will still be companies that develop proprietary software, and they'll have to find their place in the new ecosystem. Many of them already are. There's room for both models.

      The same goes for nations. If a country allows patents to stifle innovation*, as we're seeing here in the U.S., then other countries will step up to the bat and be happy to take our place.

      *I'm not against patents in principle, but it's clear that 1) Software patents are not a good thing for the most part, and 2) Our current patent system in the U.S. is broken and not creating an environment for innovation.

      --
      It's not offtopic, dumbass. It's orthogonal.
    3. Re:Biased, with a point by Vellmont · · Score: 5, Insightful

      True, but IP/patent problems are a concern with ALL software, not just open source. If you don't think IP theft happens in corporate software, think again. There's been several very public lawsuits where code theft from one company to another happened. Patents are just ammunition to attack or defend yourself against other companies. All the Open Source community needs is its own patent ammunition to protect itself.

      Even MS had some issues with developers using non-licensed tools to create.. sound files I think it was. We only find out the issues that go public. How many IP/patent issues do we never hear about because of the closed nature of closed-source software and private companies?

      Pure ADTI bias aside, I think this is the most dishonest thing about this article. Open Source will likely have to solve the problems differently than private companies, but the issues aren't a whole lot different.

      --
      AccountKiller
    4. Re:Biased, with a point by Cyno · · Score: 4, Informative

      Remember, even if you win, the fight can easily cost you enough to put you out of business..

      And that is the heart of the problem, isn't it? Not the law, but the cost of protecting yourself in court against false accusations.

      EVERY business is at risk of law suits. Even Microsoft. However it is the big multi-billion-dollar corporations that promote and thrive in this type of legal ecosystem.

      What needs to be done here is to remove this money/power from those big corporations. And how that is done is by changing public perception, boycotts, and alternatives like F/OSS.

      So if all we do is go around crying wolf everytime we feel insecure we don't shift public perception in the right direction and F/OSS loses support. It doesn't need any support, but if you want to remedy the situation, and the real problem of IP/patent abuse, F/OSS is the best way to fight it.

      But I realize most of you are cowards and would rather run than fight. So, what are you waiting for? Run for the hills! The rest of us will hold our ground and let you know when its safe to come back down.

    5. Re:Biased, with a point by fermion · · Score: 3, Insightful
      I think these stories are published to maintain the market perception that the software is valuable. Right now MS is basically charges huge amounts of money for essentially legacy software, and not very reliable legacy software. They have a market because of vendor lock in and some useful integration. The company likes MS Exchange Server and the individual doesn't want the hassle of not being compatible with everyone else. As I have mentioned before, the fact that so much MS stuff can be had for free does not hurt either.

      So the current fight is to keep prices high by creating the perception that there are hidden costs associated with competitors software, while MS costs can be exactly enumerated up front. This is a valuable asset, as purchasing decisions are often made based on the vendors ability to guarantee COA.

      But MS has a problem. Unlike traditional companies, it does not provide end to end solutions. It provides one piece, and claims that it's piece is infinitely more valuable than all the other pieces. It doesn't even support it's piece, leaving that to the manufactures of the hardware that MS claims should be free. And this is the cause of the desperate measures. MS was and is the cheap alternative. It stuff is not great, just good enough. Now there is another cheap alternative, sold by people who will support the product, and people who have the ability to customize the product, just like a traditional computer company.

      So, does MS become cheaper, or does it try to add value, or does it just make vague threats. Clearly it is the later. You must upgrade or you lose your rights, as it has done with VPC. MS will actively break competitors systems to insure that customers have no choice. All this to make sure that MS Office does not drop to $150 and MS Windows does not drop to $100. Or, even worse, $200 for a five license pack like Apple.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:Biased, with a point by Anonymous Coward · · Score: 0

      That's the point; there's no indemnification with OSS. A 'problem' could conceivably 'get solved' by holding the USERS liable.

    7. Re:Biased, with a point by Anonymous Coward · · Score: 0

      Your point?

      Did you hit I AGREE on that clickwrap EULA? Guess what, you gave up Indemnification on that closed source software too. Microsoft isn't liable for any of your damages. And its happened before: Microsoft's customers were being sued because Microsoft failed to secure a distributable license to the SQL Query Builder patent that they had licensed for a version of MS SQL Server. You can bet that Microsoft settled that QUICK, but the fact remains that it can happen with any source, open or closed.

    8. Re:Biased, with a point by Anonymous Coward · · Score: 0

      The concept of this problem would be no more of a problem than if architects, construction companies and the various trade unions, general contractor organizations, etc., banded together to try and force Home Depot and Lowe's to stop selling "construction grade" equipment to the general non-contracting populace. Not only should ordinary people not enjoy access to the materials and supplies that the "professionals" need (remember, if they're working for you at Time-and-materials, their materials costs are generally doubled to you...), and hence, are a threat to one of the main drivers of the economy today.

      Homeowners should not (be allowed to) take on the risk and expense of building or fixing things, and instead should (have to/legally be required to) hire only certified architects and trade professionals to do any "major" work on their homes or around their property.

    9. Re:Biased, with a point by nametaken · · Score: 1

      Open Source will likely have to solve the problems differently than private companies, but the issues aren't a whole lot different.

      Has everyone kept up with their EFF donations? :)

    10. Re:Biased, with a point by Vellmont · · Score: 1

      So get your software from a company like RedHat or SuSE if you're worried about being sued. In the case of stolen IP they should be held liable since they distributed the software. How is this any different from a close-source company?

      --
      AccountKiller
    11. Re:Biased, with a point by kimanaw · · Score: 1
      Even if nothing ever comes to light from IP/patent problems, it can ( and is ) keeping some companies away from adoption of anything open source out of fear of lawsuits.
      GOOD!

      While the rest of the known universe will deploy, profit from, and advance as a result of OSS, the meek will inherit whatever Mr. Softee decides to spoon feed them. Their choice, their loss. As numerous recent newsbits have shown, the practice of throwing enough shit at the USPTO until something sticks is becoming a bit problematic: the progenitors are in fear their own young shall be eaten...or eat them.

      I have no doubt things will worsen before they improve, but it's become increasingly evident that any attempt to kill OSS on the pretense of IP is destined to fail...if for no other reason than the increasing (albeit often surreptitious) use of F/OSS by various gov't agencies (US or otherwise) (and increasing steadily, if my weblogs are any indication).

      --
      007: "Who are you?"
      Pussy: "My name is Pussy Galore."
      007: "I must be dreaming..."
    12. Re:Biased, with a point by unoengborg · · Score: 1

      I fail to see what this has to do with open source. Propriatory software is just as vulnerable to litegation over IP as open source.

      In fact closed source companies are even more vulnerable, as they usually have more money to pay damages.

      Another thing, the temptation of stealing IP, by a developer pressed for time before a release date is probably more tempted to "borrow" code he has no licence to use. than a FOSS developer that have no deadline, and have all his code out in the open. After all who is going to know if the source is not available.

      Sure, companies like Apple or Microsoft could sue some FOSS project, the outcome of that would most likely be a lot of bad publicity, and that FOSS somehow would go around the problem.

      The real problem is IP robber barons that doens't make any software of their own but just collect and patent ideas waiting to strike when sombody implements them and makes a profit.

      If you think FOSS is more vulnerable you have fallen into the Microsoft FUD trap. They want us associate IP problems with FOSS, and have us think that propriatory software is safe. Nothing could be more untrue.

      --
      God is REAL! Unless explicitly declared INTEGER
    13. Re:Biased, with a point by Ogerman · · Score: 1

      All the Open Source community needs is its own patent ammunition to protect itself.

      Maybe.. But this absolutely cannot come in the form of patents themselves as this would be hypocritical and could dramatically weaken the chances of ever getting software patenting invalidated. The "ammunition" may possibly come in the form of OSS licenses that state that the licensee loses all rights to use and distribute the covered software for free if they engage in a software patent related lawsuit against any OSS project. Whether that would hold up in court I have no idea. I'm not a lawyer, but I'm pretty sure the folks at the FSF have considered this idea and/or others like it. Assuming that it would fly legally, it's strength would rely upon sufficient demand for use of OSS covered by such a license. Unfortunately, at this point it would probably be just a nuisance for litigious companies and it would be nearly impossible to prove anything anyhow.

      The best defense against bogus software patents is simply to overwealmingly sweep the software market with superior, Free, commercially supported alternatives. No doubt some failing proprietary software companies will turn litigious in the process. But we must remember that the bogus lawsuits will end when the money dries up. Longer term, once all the cards are in the hands of Open Source driven companies, it will be a trivial matter to change patent policy.

    14. Re:Biased, with a point by dbIII · · Score: 1
      Even if nothing ever comes to light from IP/patent problems
      The US patent system is too broken to be enforceable anyway, so I can see legal action on patents in the future just being a game of chicken to see who flinches and settles out of court first. I can't recall how many patents there are on the ethernet plug (well into three digits), but I violate a few of them every time I plug one in.

      As for open source being a legal time bomb - only ignorant 21st century barbarians in suits would see peer review and sharing of information as being a shocking betrayal of them getting money out of their more technically skilled peasants - they don't realise that their technically skilled peasants weren't born with those skills.

    15. Re:Biased, with a point by back_pages · · Score: 2, Insightful
      This is probably one of the best arguments against this type of textbook FUD.

      What would it cost to stick with your tried and true closed source software while paying a small number of guys (1 to, say, 15 depending on the size of your organization) to spend a portion of their work week (10-20%) devoted to seeing what they can do with FS/OSS? You could probably budget it as R&D for your IT department, and after those guys come through with one or two big wins (StarOffice, OpenOffice, Firefox, Thunderbird) the investment would either pay for itself, begin to pay for itself, or look REALLY good to your investors.

      Whaddya know, it would probably increase the job satisfaction of your IT staff, a notoriously frustrating job, and could contribute to a geek-friendly atmosphere at your company, making it easier to hire and retain more qualified IT workers.

      I'm being realistic here - for most companies, it simply isn't reasonable to expect them to ditch Microsoft or whatever closed source vendor they're using overnight. Just being honest here, a lot of FS/OSS doesn't work very well, but some does.

      That said, nearly everybody deals with spam, Windows/ActiveX/Outlook/IE exploits/viruses, and the high cost of dealing with these vendors. FS/OSS isn't an entirely free lunch - big deal. You'd be an idiot to say that FS/OSS is going to solve all your problems overnight, but you'd be a bigger idiot to deny that there is a lot of potential in FS/OSS. You'll look like a real ass when your competition has researched, invested in, and profited from FS/OSS while you're still using Windows 2000 and IE 5.0 because "it's trusted and secure" or whatever the FUD of the week is.

    16. Re:Biased, with a point by jc42 · · Score: 1

      The best defense against bogus software patents is simply to overwealmingly sweep the software market with superior, Free, commercially supported alternatives.

      This will certainly help, but it's not necessarily the best defense against such things as patent and copyright litigation.

      The best defense against this is probably to use the "open source" concept where it's most useful: In making public the details of the algorithms used. The only real defense against a patent lawsuit is to show "prior art". This can only really be done when the prior art is open and available for public inspection. Proprietary software has a real disadvantage here: The source isn't available, so you can't determine who "invented" an algorithm. But with open, public source in accessible archives, we can very often respond to a patent challenge by showing that someone did something very similar N years before the patent application was filed.

      I've seen the same thing with music copyright. There is now a lot of old music online, in simple, readable form. There have been a number of reports of a publisher claiming that someone's online tune is a violation of their copyright. A bit of search, and the person sends back the reply "That tune was published by so-and-so in London in 1743, how do you claim to own the copyright?" The publisher realizes that their fraudulent claim has beeen exposed, and they slink away, never to be heard from again.

      This only works with open, freely-accessible material. But for it to work, the material must be available to be discovered and inspected. So get all your old source code online as soon as you can, make sure it's correctly dated, and help out in efforts to get it all indexed and searchable. Whether anyone uses your code isn't as important as the fact that making it available will help defend against bogus "IP" claims.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    17. Re:Biased, with a point by Anonymous Coward · · Score: 0

      If a country allows patents to stifle innovation*, as we're seeing here in the U.S., then other countries will step up to the bat and be happy to take our place.

      Not if the consequence of challenging the USA economically involves being forced to attempt to challenge the USA militarily...

      Seriously, don't you suspect that Bush or his successors might finally decide to liberate the Chinese people from their oppressive government, if it's beginning to look like they're going to catch up with us economically?

    18. Re:Biased, with a point by Ohreally_factor · · Score: 1

      Do you really think that Bush has the guts to pick on someone his own size?

      --
      It's not offtopic, dumbass. It's orthogonal.
    19. Re:Biased, with a point by Anonymous Coward · · Score: 0

      The same goes for nations. If a country allows patents to stifle innovation*, as we're seeing here in the U.S., then other countries will step up to the bat and be happy to take our place.

      Sadly, the same doesn't go for nations. You see, if other countries don't fall into line with the USA on various policies, the USA "punishes" them.

    20. Re:Biased, with a point by Ogerman · · Score: 1

      The best defense against this is probably to use the "open source" concept where it's most useful: In making public the details of the algorithms used.

      Yes, this is an excellent point -- and one that I've made myself in the past. In fact it goes beyond just code and algorithms. Open Source projects can also help to pre-empt software patenting by fully disclosing their future plans -- even those that seem "pie in the sky" at the time. I'm even talking about statements like, "wouldn't it be neat if we had XYZ feature that would do X, Y, and Z using this and that methods." Ideas that stick can be expounded upon further by specification and eventually code if there is enough interest.

      The only real defense against a patent lawsuit is to show "prior art".

      At this stage, perhaps yes. However, in the future, software patents may be challenged on a Constitutional basis. If it becomes obvious that Open Source has largely taken over the software industry, this will further boost the argument that software patents are of no benefit. It will be hard for courts to rule that they meet the "to promote the progress of the sciences and useful arts" requirement. Hopefully the patent office will be reformed before it gets to that point, but I'm not holding my breath.

  11. Oh come on, lazy MS by skomes · · Score: 1

    If you're going to fund an anti-linux group, at least use your considerable assets, employees and financial, to make sure that people don't realize it's you. I mean come on MS, stop being so goddamn lazy, put some effort in to your work! The next time I expect to see ADIT on slashdot is when they expose a 15 page paper trail through 20 dummy corporations through which you've send them money.

    1. Re:Oh come on, lazy MS by morleron · · Score: 1

      Don't encourage them...it'll only make us laugh harder and possibly injure ourselves.

      Just my $.02,
      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
    2. Re:Oh come on, lazy MS by tota · · Score: 1
      You mean SCO, right?


      Oh, I forgot, the paper trail has gone cold. Never mind.

      --
      TODO: 753) write sig.
  12. Nothing new. by NanotechLobster · · Score: 1

    Just another company crying about open source. Big deal.

  13. Fair is fair... by Anonymous Coward · · Score: 1, Funny

    We get "Micro$oft", they get "Open Sores", it's all good.

  14. Institutionalized... by ackthpt · · Score: 1
    Alexis de Toqueville Institution

    Reminds me of several schools of higher learning with 'Institute' in their names, changing to 'College' or 'University' because, as some said, 'Institute' sounded like a medical facility (for people a few beans short of a burrito.) Though I'd say they nerver heard of MIT, it's places like AdTI that seem to lend the theory some credibility.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Institutionalized... by wooley-one · · Score: 1

      What, you don't think MIT is full of nut jobs?

    2. Re:Institutionalized... by John+Seminal · · Score: 1
      I met a guy who worked for an "Institute" from europe. He kept saying he is a professor. I just shook his head and said "yeah buddy, if you say so".

      I think the word institute is more of a place that makes policy or defends it, not a place of higher learning.

      --

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

    3. Re:Institutionalized... by jeffy124 · · Score: 1

      "Institution" was a phrase applied to a facility I had to visit as part of a college Criminology course - a prison. Interesting experience, if you ever have a chance to go (say, as part of a religious group or other volunteer group, preferably not as an inmate), do it.

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    4. Re:Institutionalized... by mikael · · Score: 2, Interesting

      Alexis de Toqueville Institution

      Is that Toqueville as in Toque? Sounds like some kind of happy home where everyone wears little woollen hats.

      British places of higher education had a similar obsession with titles. First of all, once many places gained degree granting status, they dumped the "polytechnic" title. Then when competition for students became more intense, various "Institutes of Technology" paid a grand sum to image rebranding consultants who advised them to dump the "IT" part of their acronym and become U instead (imagine MIT becoming MU). Then when that didn't work out, they added "The" to prefix the name.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    5. Re:Institutionalized... by sketerpot · · Score: 1

      It's not an institute, it's an "institution". As in, "they've been institutionalized".

    6. Re:Institutionalized... by johnw · · Score: 1
      First of all, once many places gained degree granting status, they dumped the "polytechnic" title.

      Not quite. Polytechnics were issuing degrees long before they all renamed themselves as universities. The great renaming was a simple government sponsored con so that the then government could say, "Look, we've increased the number of universities by NNNNN", when in fact all they'd done was to rename the polytechnics.
    7. Re:Institutionalized... by Anonymous Coward · · Score: 0

      Yeah buddy, if you think so.

      (Although a boatload of academic and scientific "Institutes" all over the world would like to point out that you haven't really thought it through yet.)

  15. long O when you read this by bersl2 · · Score: 2, Funny

    I think they've been "Tocque"-ing up a bit too much.

    1. Re:long O when you read this by Eccles · · Score: 1

      I think any descendents of AdT should sue for defamation of character...

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
  16. Hurrah!! More Biased Crap!! by linkinp4rk410 · · Score: 0

    Gotta love the M$ crap that keeps showing up everywhere. M$ is trying to start a flame war. Maybe they are scared of the penguin.

    1. Re:Hurrah!! More Biased Crap!! by Winckle · · Score: 2, Funny

      Who wouldn't be scared of tux the penquin, according to this report I just read by Microsoft, his diet consists of the brains of tiny children, and Linus Torvalds is the reincarnation of Hitler an dStalin put together

  17. Re:Typo #2 by Gnavpot · · Score: 5, Informative

    Linus Torvald..

    Linus Torvalds

  18. steps by JMZorko · · Score: 2, Insightful

    ... with apologies to Mahatma Ghandi:

    first they ignore you, then they laugh at you, then they fight you, then you win

    :-)

    Regards,

    John

    --
    Falling You - beautiful
    1. Re:steps by webfiend · · Score: 1

      ... and then, when it's all over, you can finally have a steak *this thick* for dinner.

    2. Re:steps by snrrrub · · Score: 1

      ...then they butcher your name. It's Gandhi. It's a common mistake but I suspect most people aren't even aware that they spelt it incorrectly. Cheers, Snrrrub

    3. Re:steps by Anonymous Coward · · Score: 0

      First they igone you, then the laugh at you, then they fight you, then they ignore you again.

      Eventually one of their accountants point out that colonies actually cost more money to run than they return in cash. So, deep in debt, they leave, and you get to see your homeland divided in two, and erupt in war, after which you are assassinated.

      Now from your persepctive in the afterlife, you get to watch the halves of your homeland fight several more wars, engage in religous persecutions and massacres, and aim nuclear weapons at each other.

      But, hey, at least they didn't have to suffer the indignites of imperial rule. I mean, sure, Hong Kong got education, good health care, and physical comfort, but they didn't get to freely elect a leader who then imposed martial law and then got assassinated by her own bodyguards.

    4. Re:steps by dcam · · Score: 1

      It's late and I'm tired, but anyway...

      That is one of the most overused quotes I have heard. How about this:

      first they ignore you, then they laugh at you, then you lose because you really are a laughable fool.

      It is just as likely, in fact it is probably more likely.

      --
      meh
  19. It's FUD and it will work by Stevyn · · Score: 2, Interesting

    Nobody wants to lose their job because they "gambled on an open source alternative and lost". It's going to take more court wins to substantiate the GPL and dismantle the threat of patents that have no basis. This is a smart move on the part of those who do not wish an "open source revolution".

    I'm all for open source, but I can understand how companies are afraid to risk backing it if it means it could end up costing them more later. And sadly, I feel this can slow down adoption of open source software. But for companies with good lawyers who can see past the FUD and who take the risk and use OSS, I hope they are successful because they are paving the way for others.

    1. Re:It's FUD and it will work by dmf415 · · Score: 1

      Im wondering how open source companies are doing on the theory giving software away for free, but charging for support. anyone?

    2. Re:It's FUD and it will work by Anonymous Coward · · Score: 1, Informative

      Look it up dmf:

      RHAT For the nine months ended 11/30/04, revenues rose 58%, LNUNXFor the three months ended 10/04, net revenues rose 21% to $7 million. NOVL, For the three months ended 01/31/05, revenues rose 9% to $290.1 million. IBM, For the fiscal year ended 12/31/04, revenues rose 8% to $96.29 billion. WIND, For the fiscal year ended 01/31/05, revenues rose 16% to $235.8 million.

      Looks like they're all growing.

    3. Re:It's FUD and it will work by Anonymous Coward · · Score: 0

      When you say 'companies', you mean type x companies. Just like there will be companies like that, there will also be other companies that are not as 'afraid'. The companies working the most efficiently will win in the end, because their product will be one or more or cheaper, better, and available faster. It's just an ecosystem you know.

    4. Re:It's FUD and it will work by Almost-Retired · · Score: 2, Insightful

      It's going to take more court wins to substantiate the GPL

      Which is going to take a while yet. But I don't suppose you've felt the need to try and analyze why there hasn't been a truely precedent setting court case just yet, have you?

      Think about those that have been through what passes for our legal system, and try and explain why it is that they've not went down to the wire and had a judges opinion rendered so it gets into recorded case law.

      Go ahead, I've got a bit of time while you cogitate on the subject of the relative lack of suitable precedent setting cases....
      .
      .
      .
      .
      .
      . ...

      Have you got it figured out yet? No?

      Here is a hint: What do most folks do when they know they've been had?

      They try to deal their way out of the corner, hopefully with their shirt still on their back, right? The natural tendency to 'cut your losses' usually results in the violating party agreeing to comply with the terms of the license and reaching a settlement, at which point the court case dissolves on both sides to cut the monetary losses in paying all those attorneys & costs. And therefore the precedent setting decision is never rendered. I don't see that the GPL is toothless like some loudly proclaim, because everytime somebodies legal help sits down to see what it is they are up against, the legal teams advice going back to the boardroom, in very firm words, is to comply, which is usually the settlement agreed to, and cut your losses while you still have something to lose.

      Make sense yet? If not, go back to the top and re-read, until it does.

      --
      Cheers, Gene
      "There are four boxes to be used in defense of liberty:
      soap, ballot, jury, and ammo. Please use in that order."
      -Ed Howdershelt (Author)
      99.34% setiathome rank, not too shabby for a WV hillbilly

    5. Re:It's FUD and it will work by Stevyn · · Score: 1

      I agree with you, but aren't settlements usually done behind closed doors? I'm saying that public knowledge of how secure the GPL is will help FOSS.

    6. Re:It's FUD and it will work by antiMStroll · · Score: 1
      "...they "gambled on an open source alternative and lost".

      What exactly does this mean? A user of software can't be sued on the basis of code integrity as far as I know, so are you talking about developers who use GPL code without knowledge of its parentage? How is that riskier than reusing proprietary code?

    7. Re:It's FUD and it will work by dnoyeb · · Score: 1

      Your risk of being 'offensively' sued is tied only to the amount of pain you are causing your competition. It has nothing to do with FOSS.

    8. Re:It's FUD and it will work by Almost-Retired · · Score: 1

      I agree wholeheartedly that there really should be a lot more sunshine in our court system than what there is now. Closed settlements do no one, including the winners of the settlement in most cases, any good in the long view of correcting what many (dare I say the majority?) of us deduce is a bad situation. More sunshine should stop such BS before its the real problem it is today.

      A few sunshine laws that cover our court system seem way the hell and gone overdue to me. But we'll not get those past the 'rabble talking about it' stage until we have a national Bill Shakespear Day.

      --
      Cheers, Gene
      "There are four boxes to be used in defense of liberty:
      soap, ballot, jury, and ammo. Please use in that order."
      -Ed Howdershelt (Author)
      99.34% setiathome rank, not too shabby for a WV hillbilly

    9. Re:It's FUD and it will work by Sj0 · · Score: 1

      Why court victories? Why anything? How can you believe that facts will help defeat someone who has used lies in the past to make their point as this company has?

      The people who would lie or misrepresent information to decieve people don't care about facts, that much should be obvious. Trying to use facts in a fight against them is like bringing a knife to a gunfight -- you'll always be outclassed if you have to rely on reality to back you up.

      --
      It's been a long time.
    10. Re:It's FUD and it will work by Kjella · · Score: 1

      Nobody wants to lose their job because they "gambled on an open source alternative and lost". It's going to take more court wins to substantiate the GPL and dismantle the threat of patents that have no basis. This is a smart move on the part of those who do not wish an "open source revolution".

      Strangely enough, most of the same companies seem willing to gamble on pirated applications. There a county here I've worked with that's now using Mozilla / Oo and is considering means of moving to Linux because they were sued (and lost) by Microsoft over 6 - siz - missing licenses, in an organization that has many hundred people working for them. They weren't even trying to be pirates, the bookkeeping was simply not accurate enough.

      At least in the saner legal jurisdictions (i.e. outside US) the odds of being sued, and the liabilities for "good faith use" are neglible.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    11. Re:It's FUD and it will work by jc42 · · Score: 1

      But I don't suppose you've felt the need to try and analyze why there hasn't been a truely precedent setting court case just yet, have you?

      Heh. I've read a few explanations of this, from FSF people and others. It seems there have been a number of attempts to challenge the GPL, but they don't seem to reach the point of anyone actually filing court papers. What always seems to happen is that the company's lawyers look at it, and say "Well, you have two choices. You can forget about it and follow the GPL. Or you can challenge the GPL, meaning that until the case is settled, you'll have the default permissions given to you by copyright law, i.e., you can't use the software at all. Eventually you'll lose the case, and then you'll have to follow the GPL. Do you want me to persue this further? In that case, I'd advise not using the software until the case is settled, because if you do, you'll probably have to pay damages."

      The basic problem is that the GPL gives you more rights than copyright law gives you. And unless you can show that the copyright claim is false, the law gives you no right to use someone else's copyrighted code. So if you win a challenge to the GPL, you lose your rights to use the code. Somehow this doesn't seem like a rational act. Why would you sue someone to force them to decrease your right to use their property?

      It's not surprising that the GPL doesn't get challenged. Any legal tests are going to have to come from the copyright owner against violators. And these haven't gotten far, either, because guess what the violators' lawyers advise them ...

      The GPL isn't a complex legal document. It's a simple copyright license. Like any license, it gives you some rights that you wouldn't otherwise have. Unlike most licenses, you don't have to pay anything. If you don't like this, you don't have to exercise those rights. But this isn't something that any sensible lawyer would want to take to court.

      Oh, yeah; IANAL. But I've occasionally listened to them. ;-)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    12. Re:It's FUD and it will work by jc42 · · Score: 1

      Well, IBM has done just fine with this business model. ;-)

      Of course, IBM has historically made a lot of money selling hardware. They give away a lot of software as a way of encouraging people to buy more hardware.

      But they have also sold software support contracts. Details are hard to come by, but I've read a number of claims that IBM makes a lot more money from support than from sales. This is rarely broken down between hardware support and software support, so it's hard to know just how profitable their software support is. But they clearly consider "support" a profit center.

      This has been their approach with AIX all along, and it's fairly clear that this is why they're getting behind linux. They've listened to the FUD saying that businesses won't use linux because they demand supported software. IBM's sales people look at this and think "Hey, we don't have to pay the programmers, we just need to train the support staff, and we can rake in the money."

      This isn't a gamble for them, because they've been doing this sort of thing for decades. They know how to make it profitable. Especially when they don't have to pay the programmers.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    13. Re:It's FUD and it will work by Almost-Retired · · Score: 1

      this isn't something that any sensible lawyer would want to take to court.

      And thats what I was trying to say, but I got lost in trying to be a smartass. Its a bit of a character flaw I've had for 70 years now. :)

      -Cheers, Gene
      "There are four boxes to be used in defense of liberty:
      soap, ballot, jury, and ammo. Please use in that order."
      -Ed Howdershelt (Author)
      99.34% setiathome rank, not too shabby for a WV hillbilly-

    14. Re:It's FUD and it will work by rtb61 · · Score: 1
      It would be far worse to choose proprietary closed source software solution, spend ten times as much and have upper management find out than an open source solution would have worked and have been far better over the long and short term (especially if their competitors are using it and it is giving them a significant advantage).

      You never ever want to be the employee that recommends a more expensive solution that fails (they will wonder about your motivations and any free gifts you have received and who they were from), trying a considerably less expensive solution that fails still shows that you had the companies best interest at heart (after all you did try to save the company money). Bonuses and promotions come from finding cheaper better solutions.

      --
      Chaos - everything, everywhere, everywhen
  20. Just what is the mission of this organization? by swb · · Score: 1

    Reading through some of their other positions, they seem like a group set up to astroturf for all the major big corporate interests -- banking (criticizing Argentina's successful debt renegotiation), cheap labor (pro-mass immigration), and "intellectual property".

    But somehow it's too shoddy looking to be purely an invention of MS. Anyone know who's behind this group? Do they have a real agenda, or are they really an astroturf factory for big corporate interests?

    1. Re:Just what is the mission of this organization? by ThogScully · · Score: 1

      Well, check the first post out... apparently, they're in real tight with the tobacco companies too.
      -N

      --
      I've nothing to say here...
    2. Re:Just what is the mission of this organization? by Anonymous Coward · · Score: 0

      They're just one of the branches of Libertarian thought.

      The way you phrased your criticism of their 'issues' show that you subscribe to an ideology, too.

      Big Labor, Big Government, etc.

    3. Re:Just what is the mission of this organization? by quarkscat · · Score: 1

      Nothing short of total world domination by a
      confederation of corporate interests (and the
      governments they own).

      See also: "Corporate National Socialism"
      An economic and political entity that is "by
      the corporation, for the corporation, of the
      people".

    4. Re:Just what is the mission of this organization? by Anonymous Coward · · Score: 1, Insightful

      libertarians and intellectual "property" don't mix. Anyone calling himself a libertarian and supporting copyright and patent monopolies is a hypocrite.

  21. I agree... but have to disagree. by Slartibartfast · · Score: 4, Insightful

    If the AdTI were in any way objective, I would welcome their criticism. But, having seen their lies many, many times over the past couple of years, I know that it is hopeless. It is one thing to leverage criticism, but someone whose sole interest is to see the demise of Linux is not someone I am going to allow to influence -any- of my corporate decisions.

  22. One comment... by mikael · · Score: 1

    ...Brown finds it "intriguing" that many open-source contributors work for large IT companies. "Every day, an untold amount (sic) of employees beholden to strict employee/invention/intellectual property agreements, in their spare time (and even during work-hours) freely give away ideas, code, and products to open source projects," he writes. This opens up questions around the legal ownership of contributions, and could even open an avenue for a "disgruntled employee" to give away company secrets by contributing them to open-source projects, the report argues. ...

    Most employees are smart enough to choose projects that don't conflict with their work projects. And in many cases, when the project is related to their work duties, it benefits their customers by making it easier to complete projects (utility libraries, file readers/writers/translators, server applications).

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    1. Re:One comment... by Ohreally_factor · · Score: 3, Insightful

      You're giving the man waaaaay too much credit. Let's look at what he wrote again:

      employees beholden to strict employee/invention/intellectual property agreements, in their spare time (and even during work-hours) freely give away ideas, code, and products to open source projects

      It's just a venomous insinuation and nonsense. These employees (untold amounts of them) are giving away whose ideas, code, and products? We're meant to believe the employer's IP, but he can't come out and say directly: "Hey, big corporations, your employees are stealing your IP," because then he'd actually have to back up his words.

      This is all a smear campaign. Make vile insinuations, prove nothing.

      Your mistake is to take him at face value, and to try counter arguments. I say, DON'T! Instead, let's get him to support his allegations. Guess what? He can't!

      --
      It's not offtopic, dumbass. It's orthogonal.
    2. Re:One comment... by Anonymous Coward · · Score: 0

      Thats interesting,

      I read it in a more vile and evil way. He's actually managed in his mind to create a group of people ("IT employees") who because they sell their labour to someone, every thought, idea, word, expression and talent that person has at any time is owned by the entity that receives benefit from their labour.

      To not own your own mind, is there a worse thought? Ooops i guess this post is owned by my employer.

    3. Re:One comment... by Ohreally_factor · · Score: 1

      I read it in a more vile and evil way. He's actually managed in his mind to create a group of people ("IT employees") who because they sell their labour to someone, every thought, idea, word, expression and talent that person has at any time is owned by the entity that receives benefit from their labour.

      Quick of you to pick up the subtext. I wasn't even looking deeper, but you're right. And it coincides perfectly with the interests of his masters.

      But isn't this the viewpoint of a cynical, burned out old whore*? He's so used to selling everything to who ever will pay his price, selling his integrity, selling whatever talent or creativity he might have had, selling his soul, and so forth, that this is how he views ALL individuals. He doesn't understand people who aren't doing it for money, just as the tired old whore thinks that girls that "give it away for free" are fools, that there is no such thing as love, and that every relationship equates to the relationships she has with her Johns.

      Rather than vile and evil, it's pathetic and sad.

      *My apologies to burned out old whores who still put their hearts into it, and give a good honest screw for someone else's hard earned money. May your silicon never harden.

      --
      It's not offtopic, dumbass. It's orthogonal.
  23. Oh my gosh! by Noryungi · · Score: 5, Insightful
    You mean... You mean... Microsoft has not realized yet that FUD does not work against Open Source? Wow. I am shocked, shocked!

    Let's see what happened in the last few days:


    What's next? SCO will publish another inane series of press releases on its latest strategic re-deployment?

    It's FUD, people. Nothing new here. Move along. Film at 11, and could the last person out of the building please shut down the lights? Thanks.

    Sheeesh. They should have figured it out by now. What do they teach MBAs these days anyway?

    Seriously, though, this is another attempt by a really worried company to smear the competition. A clue for Microsoft: it did not work for IBM. It won't work for you.
    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
    1. Re:Oh my gosh! by DoraLives · · Score: 4, Funny
      What do they teach MBAs these days anyway?

      From the looks of things, Applied Greed for the most part.

      --
      Is it fascism yet?
    2. Re:Oh my gosh! by bondjamesbond · · Score: 0, Troll

      Harvard MBA's are the worst scum on the Earth. I don't know what the cirriculum consists of, but I've dealt with several, and they were both lowly snakes who tried to bring down the company that they worked for. They also steal, slander and bring massive bad karma to wherever they are.

    3. Re:Oh my gosh! by kfg · · Score: 1

      British economist E.F. Schumacher once wrote that all the west had to do to win the economic war with Japan was to send them the Harvard business school.

      The Japanese met us halfway and simply started sending their kids over to attend.

      Unfortunately for us they weren't quite stupid enough to actually take the school, so we're still stuck with it.

      Bear in mind that the curriculum "trains" its students to be qualified for one job, and one job only; the CEO of a Fortune 500 company. There are, of course, only 500 such jobs available in total, and for the most part the positions stay filled for years, and even decades. HBS graduates a bit more than 500 students every year.

      And not one of them is qualified to work at McDonald's.

      KFG

  24. Typo #3 by Anonymous Coward · · Score: 1, Funny

    Lunis Torvaldios

  25. No I didn't read it, but ... by I+don't+want+to+spen · · Score: 4, Insightful
    " ... a number of open source practices directly conflict with best practices associated with protecting intellectual property ..."

    ... surely that's the whole reason its called open source?

    --
    Don't go to a brothel if you want to buy broth
    1. Re:No I didn't read it, but ... by Lost+Penguin · · Score: 1

      Um, Wrong.
      The open-source movement is founded on the rights of the creator.
      If I create something on my own; I should have the right to barter my creation to you, against your time to improve it; together we barter the improved product to someone else for their time.
      I only allow you to use and distribute it if you agree to help improve it, or at least not try to steal my own rights to it.
      Microsoft would never allow an audit of the Windows code because of the massive theft of intellectual property Microsoft has stolen from open-source developers.
      When you are stealing, accuse your victims of theft.

      --
      I am the unwilling control for my Origin.
    2. Re:No I didn't read it, but ... by Dionysus · · Score: 2, Insightful

      The open-source movement is founded on the rights of the creator.

      The Open-Source movement, maybe, but not the Free Software movement.

      --
      Je ne parle pas francais.
    3. Re:No I didn't read it, but ... by X · · Score: 1

      Yeah, I gotta agree. I read this statement and was thinking, "Duh, that's the whole point." Of course, slashdot will argue they're lying bastards....

      If it's news to anyone that open source practices conflict with best IP practices, they must be still stuck on the "open source means it won't cost us anything" bandwagon.

      --
      sigs are a waste of space
  26. Dude! Tokey McTokerson by Snoop+Donkey+Donk · · Score: 3, Funny

    The only thing that's been proved here is that too much toke does indeed fry brain cells.

  27. Liars can still tell the truth. by Tiger4 · · Score: 5, Insightful

    Unfortunately there is a point here. The non-traceability of the Open Source process leaves any given product open to contamination from copyrighted/patented IP. Most projects don't have tight checking of who did what, and they definitely don't know where the contributor got the input. That is an invitation for trouble. Worse, a project could have an "IP bomb" placed inside it by an agent of a less than scrupulous SCO, er... proprietary company that wants to stir up trouble later.

    On the good side, it is a problem that is easily fixed. Traceability of the code base back to the contributor can be implemented, but it means some sort of centralized repository AND use of good tracking tools. IMO, no major distribution, and definitely no kernel, should leave the foundry without knowing who touched it.

    --
    Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
    1. Re:Liars can still tell the truth. by cpeterso · · Score: 0, Troll


      Linux is very transparent, but that only matters if someone is looking. Twice in the past year, I've submitted patches to the Linux kernel that contained code that was either copyrighted and/or patented by my employer. Both times my patches were accepted.

    2. Re:Liars can still tell the truth. by Todd+Knarr · · Score: 1

      Actually most open-source projects do have traceability. Most of them use CVS for source-code version control, and CVS lets you trace back any piece of code to the user who commited that piece of code. That person is responsible for what they commited, and probably knows the original source of the code if they didn't write it themselves.

      And frankly, I think the ubiquity of version control in open-source projects is one of the reasons you don't see lawsuits about IP infringement against those projects. The plaintiff would have to claim, as part of any suit, that the code in the FOSS project infringed his IP. Now, in the case of patents for example, prior art invalidates a patent. Proving prior art, though, tends to be hard because the patent-holder can claim that some minor difference makes his work different from yours. But if he's the one claiming in the lawsuit that your work is equivalent to his and hence infringes, he can't slip out of the way of your prior-art claim without abandoning his own infringement claim. Then all you have to do is prove that your work preceeded his filing for a patent, which version control makes easy.

    3. Re:Liars can still tell the truth. by SA+Stevens · · Score: 1

      How do you credentialize all the contributors?

      Perhaps it is necessary. But on the Internet, 'who' is always a tricky question. Are all contributors at this point even tracable to a real name? Do they need to be, if a 'peer review' culture of enough people who ARE tracable is in place?

    4. Re:Liars can still tell the truth. by cot · · Score: 3, Insightful

      "Twice in the past year, I've submitted patches to the Linux kernel that contained code that was either copyrighted and/or patented by my employer. Both times my patches were accepted."

      uhh... are you admitting to trying to poison the kernel? It'd be nice if you gave a reason for doing that and said whether the code is still in there.

      --

    5. Re:Liars can still tell the truth. by FranTaylor · · Score: 1

      'Who' doesn't matter. It's the code that matters. If it's derived from some non-free source, that can be detected without figuring out who contributed it. The material in question can be removed, and replaced with homegrown code. Figuring out who contributed it really only matters if you want to go after the person for contributing it, which is a secondary concern, having nothing to do with the code. I'll say it again: stop obsessing about what belongs to who, and worry about the quality of the product.

    6. Re:Liars can still tell the truth. by Anonymous Coward · · Score: 0

      cpeterso writes nonsense into Slashdot threads to get a rise, a particularly crude sort of troll.

      (e.g. See his previous post about how he created a startup in which they employees are free to spend 100% of their time on non-company projects)

    7. Re:Liars can still tell the truth. by cot · · Score: 1

      Why does he still have good karma then? If he didn't have a bonus i would have been more likely to question it. Weird.

      --

    8. Re:Liars can still tell the truth. by malkavian · · Score: 1

      So, in admission, you've wilfully broken copyright to submit a patch to the Linux kernel.
      And you've admitted to it in a public forum.
      Now, perhaps those same patches may be noticed by someone who can trace your email address, and also, possibly bring legal action against you, for wilfully attempting to bring the Linux kernel (and the OSS movement) into disrepute.

      However, as you've proven that you're perfectly happy to insert copyright code (patents on software aren't universal across the globe, so that's a moot point) into the Linux kernel, I'm sure you're just as happy to take GPL code and put it into your employer's code. And insert any of your current employers patented ideas, and copyright code into the product of your next employer.

      The point being that the Open Source movement isn't a ticking timebomb. Untrustworthy people are.
      And the whole legal timebomb applies just as readily to closed source applications as it does to open source.

    9. Re:Liars can still tell the truth. by doshell · · Score: 1

      The non-traceability of the Open Source process leaves any given product open to contamination from copyrighted/patented IP.

      Please explain to me why "non-traceability" is inherent to Open Source. Even in a closed-source project developers can use copyrighted/patented code if no measures are taken to check for prior art; the "tight-checking" you mention is by no means inherent to closed source, open source, or whatever development model you choose. Code is as "traceable" as people want it to be -- if a project is properly managed, you will always know which chunk of code came from whom.

      Another point is that, Open Source being open, it is naturally easier to spot "stolen" code if you have the time and inclination to do so (with closed source it's harder as you have to reverse-engineer it). That would actually encourage developers not to reuse code without permission, since they can be caught more easily.

      --
      Score: i, Imaginary
    10. Re:Liars can still tell the truth. by Tablizer · · Score: 1

      On the good side, it is a problem that is easily fixed. Traceability of the code base back to the contributor can be implemented

      But this alone does not guarentee that the contributor didn't use bad IP. I suppose it may deflect the issue to the contributor though.

      A better approach may be to just reimplement any code seriously challenged in court.

      Maybe write everything in the Brainfuck language. No viable company would ever use such a languague and claiming they did would make them lose face :-)

    11. Re:Liars can still tell the truth. by rhizome · · Score: 1

      Twice in the past year, I've submitted patches to the Linux kernel that contained code that was either copyrighted and/or patented by my employer. Both times my patches were accepted.

      If so, then it's you who is in trouble...

      --
      When I was a kid, we only had one Darth.
    12. Re:Liars can still tell the truth. by miles_thatsme · · Score: 1

      Brown finds it "intriguing" that many open-source contributors work for large IT companies. "Every day, an untold amount (sic) of employees beholden to strict employee/invention/intellectual property agreements, in their spare time (and even during work-hours) freely give away ideas, code, and products to open source projects," he writes. This opens up questions around the legal ownership of contributions, and could even open an avenue for a "disgruntled employee" to give away company secrets by contributing them to open-source projects, the report argues.

      I work in a law firm, every day surrounded by and creating confidential documents. God forbid that during my own hours I perform pro bono legal work because I might have gained experience or insight through the course of my work. My employment arrangement should effectively mean that everything that comes out of my brain is controlled by my employer.

    13. Re:Liars can still tell the truth. by urbaneassault · · Score: 1

      Congratulations, you acted as an Agent for your company, and submitted the code under the GPL willingly and knowingly. Looks like you'll be fired if your company doesn't like this fact. Here's a clue- how are the kernel maintainers suppose to know if your proprietary code is proprietary? It's not like they can cross-reference a magic "proprietary code repository" to find that out. You committed copyright infringement against your employer. Hope your resume is up to date!

    14. Re:Liars can still tell the truth. by SA+Stevens · · Score: 1

      Can you describe further how the non-free source can be detected without figuring out who contributed it?

      'Who' does matter to a lot of organizations. Hell, it even matters to a lot of people in the classic old 'stone soup' story that some people hearken back to in comparison to Open Source. It matters where that potato came from to a lot of people who are going to eat the soup.

    15. Re:Liars can still tell the truth. by MightyMartian · · Score: 1

      Why don't you try backing that claim up. What patches were those? I mean, you wouldn't just be lying would you?

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    16. Re:Liars can still tell the truth. by mrchaotica · · Score: 2, Interesting

      I would think that all skilled trolls have good karma; there's too much overlap between "insightful" and "inciteful" for it to be otherwise...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    17. Re:Liars can still tell the truth. by bgarrett · · Score: 2, Funny

      Well, Clem, ah dunno what yew city folk use, but us rural country folk use this here "cvs" and "subversion", which do alla that.

      Seriously, you do realize that any non-trivial project is already using revision control software of some kind, that submissions are logged, and that users are authenticated before they can commit to the repository, right?

      --
      Nothing worth doing is worth doing today.
    18. Re:Liars can still tell the truth. by laird · · Score: 4, Insightful

      "The non-traceability of the Open Source process leaves any given product open to contamination from copyrighted/patented IP."

      This claim gets the real world situation backwards.

      All major open source projects retain a complete and precise development history through use of a a source code repository (e.g. CVS). This source code repository is open to public inspection, so anyone who wishes can determine the exact time and submitter of every line in that project. This has the effect of discouraging cheating, because the cheating is easy to detect, and the perpetrator is easily identified.

      Proprietary software, on the other hand, may not have such a record o contributions, and even if one exists, it's certainly not open to public inspection (short of a lawsuit). So if you question the origin of some aspect of a proprietary system, you have to ask the company (i.e. sue them) for the information that you want. This is a bit of a catch-22, since you can't provide evidence of cheating until after you sue them in order to reveal the evidence.

      It's certainly true that someone could illegally submit code that they don't own into an open source project, but the same is true for a proprietary project. And if someone thinks that their IP has been incorporated into an open source project, they can easily inspect the project's source code repository, and determine where the code came from and when, which should clarify the situation (and if someone submitted code illegally, smack them and remove the code from the project).

      The only case where there's a problem is with proprietary code bases, where it's very difficult to determine whether IP has been illegally used, and if so it's extremely difficult to determine the source of the code.

      Note that despite the theoretical risk of commercial IP getting into Open Sourrce projects, in practice I can't think of any cases where that's been shown to have occurred (even SCO gave up making all such charges against IBM), perhaps because the open source projects are open to inspection so such cheating is discouraged, while proprietary products are revealed fairly regularly to include open source software (or illegally used proprietary software), perhaps because the perpetrators thought that nobody outside their company would see the source code, so the cheating was "safe".

      "no major distribution, and definitely no kernel, should leave the foundry without knowing who touched it."

      You should be happy, because that's already the case for open source software. If the same were true of proprietary software, then we could put the whole issue to bed.

    19. Re:Liars can still tell the truth. by incabulos · · Score: 1

      I guess you have never seen kernel code with copyright assigned to RedHat Inc before? Heres a hint, some obscure kernel hacker with a name that sounds like "Callen Ox" has contributed these, oh the horror, this totally means that all of Linux is illegal now!

      Oh wait, no it doesnt. Drat and blast. Back to the old drawing board for you, for more planning and plotting deep in the bowels of Redmond:

      "Destroying Linux - Subtle Plan No. 65373463 - It will work this time for sure!!"

    20. Re:Liars can still tell the truth. by Anonymous Coward · · Score: 0

      All major open source projects retain a complete and precise development history through use of a a source code repository (e.g. CVS). This source code repository is open to public inspection, so anyone who wishes can determine the exact time and submitter of every line in that project. This has the effect of discouraging cheating, because the cheating is easy to detect, and the perpetrator is easily identified.

      Not quite true. Linus only started keeping the main Linux tree in BitKeeper within the past few years-- around the time the whole SCO thing started up, as I recall. For the ten years or so leading up to that, however, it was all done without source control.

      As for proprietary software not using source control-- it varies. Some companies use very strict version control policies and tools (ClearCase and others) to track who broke what. Some don't use source control at all (of all the places, I had the worst time convincing an embedded software company to go to source control). Others use it just to keep records (but not to track down the @*#$(! who just broke the build).

    21. Re:Liars can still tell the truth. by swillden · · Score: 1

      Not quite true. Linus only started keeping the main Linux tree in BitKeeper within the past few years-- around the time the whole SCO thing started up, as I recall. For the ten years or so leading up to that, however, it was all done without source control.

      But Linux is definitely unusual in that respect, so the point holds in general. And even in the case of Linux, there are FTP repositories with every major and minor release of the code going back for years, and lots of individuals with copies of the earlier tarballs. While you can't use "cvs annotate", or similar, to find out where every line comes from, it's possible to dig back through the versions and find where a given line was introduced, then look at the changelog to find out who it came from. Early on in the SCO mess, SCO managed to find a couple of pieces of code in Linux that maybe shouldn't have been there. They blamed IBM, of course, but kernel devs looked through the tarballs and determined that SGI was the culprit.

      Further, most code that goes into Linux passes through LKML for public review first, generally posted by the contributor. This means that searching the mailing list archives is another good way to identify the source of a particular bit of code.

      So even though Linux didn't use a formal repository until recently (and even more recently, Linux has instituded his policy of patch "signing" to make the attribution trail even easier to follow), identifying contributors is nearly always possible.

      As for proprietary software not using source control-- it varies.

      True, but that has little bearing on the discussion. Even if a closed-source app was developed with the help of a version control system no one outside of the company has access to it without a subpoena.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    22. Re:Liars can still tell the truth. by RoLi · · Score: 1
      The non-traceability of the Open Source process leaves any given product open to contamination from copyrighted/patented IP.

      No, the true copyright-holder can easily review any OSS-project and trace any code fragments.

    23. Re:Liars can still tell the truth. by jc42 · · Score: 1

      Proprietary software, on the other hand, may not have such a record o contributions, and even if one exists, it's certainly not open to public inspection (short of a lawsuit).

      True. And it's worse than that. I've worked on a lot of proprietary, company-funded software projects over the 3 decades I've been programming. In every one, all record of who did what part of the code when was carefully erased. Yes, they put company copyright notices in. But they always removed any credits to the authors. This is standard practice in most of the corporate world. Everything is produced by the corportation, not by the mere humans that work for the corporation.

      I haven't ever seen a company project in which it's possible to trace the authorship of pieces of the code, much less where they may have found the algorithms. Sometimes the authors will hide "Easter eggs" in the code that will announce the authors' names to users. But you'll notice that most corporations consider this something to be deleted when they discover it. And this rarely includes anything more than the authors' names. No clues as to who wrote which parts when, or where their ideas came from.

      OTOH, this information is routine in the open-source community. Everyone uses one of the source archives, mostly CVS, that tracks who checked in what when. There's rarely a formal way to document how you got your ideas, but it's common to see this in the code's comments.

      A lot of this is because the free/open-source community values proper attribution. If you're not getting paid for the code, you should at least get the honor and recognition.

      Remember a couple of years back, when Sun got the F/OSS crowd all upset? It wasn't because Sun was selling the software. It was because they stripped the attributions out of the code. That was unforgivable, and a lot of us still remember it.

      So saying that Open Source is untraceable is mostly just a big lie. It's the only code that usually is traceable to any meaningful degree. Corporate code rarely comes with any such information, and when it does, they often strip it out in the next release.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  28. Then windows ... by bird603568 · · Score: 1

    is a thermonuclear warhead in the hands of the terrorists.

  29. In the spirit of Alexis de Tocqueville... by LaminatorX · · Score: 5, Interesting
    ...and in keeping wih our mission to study "the spread and perfection of democracy around the world... without rushing to judgement about which means will be most affective in producing it;" we have decided to purport that software that shares freedoms with the end users and spreads across economic and national barriers is somehow bad, and that software that restricts freedoms and concentrates wealth and power in the hands of first-world mega-corps is somehow good.

    Our next report will reflect on offer new insights on orbital mechanics based on the unprecidented rotations obsrved in Mr. de Tocqueville's grave.

    1. Re:In the spirit of Alexis de Tocqueville... by Anonymous Coward · · Score: 0

      You're thinking too much. They have not made such decision, they are simply whores and selling to the next bidder that drives by offering cash for 'services'.

      It's like what SCO is/does, but without actually going to court and proving yourself wrong.

    2. Re:In the spirit of Alexis de Tocqueville... by Anonymous Coward · · Score: 0

      ...will be most EFFECTIVE....."

      Please ignore the following Lameness Filter bypass:

      # Try to reply to other people's comments instead of starting new threads.
      # Read other people's messages before posting your own to avoid simply duplicating what has already been said.
      # Use a clear subject that describes what your message is about.
      # Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated /Lameness filter bypass

    3. Re:In the spirit of Alexis de Tocqueville... by Anonymous Coward · · Score: 0

      I think you are giving whores a bad name

    4. Re:In the spirit of Alexis de Tocqueville... by value_added · · Score: 1

      Most affective, definitely, but as to whether they're effective, time will tell.

    5. Re:In the spirit of Alexis de Tocqueville... by johannesg · · Score: 2, Informative
      Let me give you this handy key:

      "spread and perfection of democracy around the world" = "spread and perfect of American hegemony around the world"

      "without rushing to judgement about which means will be most affective in producing it" = "we may use lies, economic sanctions or outright war to get what we want"

      And since power in the USA resides with the corporations that means that pushing their agenda is indeed compatible with the AdTI's mission.

    6. Re:In the spirit of Alexis de Tocqueville... by runderwo · · Score: 1

      You misread. This report was from the "Alex de Tokeville" institute. That should clear up many of the questions that have been surrounding this article.

  30. Biased or just idiots. by gnuorder · · Score: 3, Funny
    With references like 'open sores software,' it's easy to believe that ADTI might be somewhat biased."


    What's all this I hear about Open sores software? don't we have enough bad software out there? We have viruses and dirty worms, yuck. Some software has bugs in it. I'm sure that's not healthy. I think if we have open sores software, it will get infected and will die. I think we should put some ointment on open sores software and....

    What? Open source software?

    Never mind.
    1. Re:Biased or just idiots. by Anonymous Coward · · Score: 0

      I believe they meant Microsoft software. That is the only open sores software I know of.

    2. Re:Biased or just idiots. by Anonymous Coward · · Score: 0

      Thank you Rosanne Rosannadana ......

  31. Terrorists by Anonymous Coward · · Score: 0
    TFA sez: On May 30, the Alexis de Tocqueville Institution, funded in part by Microsoft, opened a new front in the battle over federal government purchasing. A press release said that "terrorists trying to hack or disrupt U.S. computer networks might find it easier if the federal government attempts to switch to open source."

    Yeah, I wish I could capture or kill all these "osama" processes hiding somewhere in my linux server. Good thing he didn't get root.

    I wonder how many Windows-based zombies are in .gov.

  32. It's FUD and it's their end-game, and it's lame. by Anonymous Coward · · Score: 1, Informative
    "Linux has been crucial to the success of J.P. Morgan's derivatives-trading business, said Scott Marcar, head of technology for global emerging markets. Linux now powers about two-thirds of the CPUs that run J.P. Morgan's business of trading derivatives, such as futures and options contracts."

    Guess those^H^H^H^Hat ADTI-guy forgot to tell wallstreet!

  33. LINUS! by ThatWeasel · · Score: 0

    It's Linus Torvalds NOT "Linux Torvald" What is wrong with slashdot?!?

    --

    TW
    Television is dead. Long live That Weasel Television

  34. Speaking of biased... by Anonymous Coward · · Score: 0

    ...we aren't exactly reading about this at the most objective of tech web sites. ;)

  35. Re:This whole thing is ludicrous by symbolic · · Score: 4, Insightful


    Give someone a computer, some time, and some programming skills, and they can empower themselves for FREE - that is, without compensating anyone else that somehow manages to lay claim to what they've created. They can also decide to empower others by sharing what the've created. How can any law sanely deny someone what seems to me, to be such a fundamental freedom?

  36. Why feed the troll? by orin · · Score: 5, Insightful

    Posting this on Slashdot is just feeding the ADTI troll. Effective advocacy isn't about dealing with every troll lobbed your way. If these guys really had a legal time bomb they'd use it as a basis litigate. It isn't as though people today ever really show restraint when they think they have a cause (however dodgy) that will stand up in court.

    1. Re:Why feed the troll? by Anonymous Coward · · Score: 1, Funny

      Posting this on Slashdot is just feeding the ADTI troll.

      So, first we should ignore them, then (as more people are exposed to this rubbish and believe it) I assume we'll have to fight them, then they win?

      Wait - I forget, which side am I meant to be on now?

    2. Re:Why feed the troll? by morleron · · Score: 1

      Yeah, but it's such fun to clobber the stupid troll when he comes to take the bait. Given the utter vacuousness of Mr. Brown's reasoning processes, at least those concerning OSS, it's almost like shooting fish in a barrel. The man simply doesn't seem to notice that his extremely biased and incendiary comments only make it obvious that he is spreading nothing , but FUD bought with MS money. We should encourage Bill to waste more money on this guy; we'll get a good laugh out of it, the money will stimulate the economy, and businesses will transfer more of their computing resources to Linux and F/OSS.

      Just my $.02,
      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
    3. Re:Why feed the troll? by EreIamJH · · Score: 1

      ...because these guys aren't trolls. They're not writing their "research" hoping to cause a flamewar, rather, they're doing it hoping that the research will be read by policy makers who might swallow it hook, line and sinker.

      The only way to minimise the chance of that "research" being taken seriously is to make sure that whenever some policy guy googles and finds the research he'll also find a few thousand links to people picking holes in it (and this slashdot story does that).

  37. Maybe we should start collecting... by 3seas · · Score: 2, Insightful

    sponsorships for funding of libel suits against such slanderers.

    Recall what Mozilla firefox got for advertising!

    And of course it'd be done thru EFF...

    proceeds of the winning would of course go towards sponsoring FOSS works. In fact sponsorship of such a case might included what project you'd like your return percentage to go to...

    1. Re:Maybe we should start collecting... by downbad · · Score: 1

      It's not illegal to libel a community...

    2. Re:Maybe we should start collecting... by NetCow · · Score: 1

      IANAL, but I don't think it's possible to "libel a community". The legal concept requires an entity to be the subject of libel - be it an individual, a corporation, an institution, etc. I.e., there must be an injured party, and a mindshare community can't be a party.

      For example, if I called the Alexis de Tocqueville Institution a bunch of scumbags that will prostitute their writing skills to anyone paying them any little amount of money (in other words, cheap whores), that would be libel - not that I would call them that, or deary me, I would never, tsk, tsk :). But if I said that think thanks are mostly immoral institutions (which is analoguous to what they're doing with their FUD articles), that would not be libel.

      See for example this URL: http://www.cyberlibel.com/libel.html.

  38. In the interest of accuracy by Anonymous Coward · · Score: 1, Insightful

    ...it really should be named the Alexis de FUDville Institute.

    "Legal time bomb" my ass.

    1. Re:In the interest of accuracy by Anonymous Coward · · Score: 0

      careful what you wish for

  39. Protecting IP rights? by Max+Threshold · · Score: 3, Interesting

    Whoa, Open Source not conducive to protecting IP rights? Well, at least they're finally catching on. Maybe next they'll realize that IP isn't real property - it's a privelege granted for a limited time by the government.

    1. Re:Protecting IP rights? by Anonymous Coward · · Score: 0

      The real irony here is that the GPL relies on copyright.

      As far as I can tell, there are a bunch of pissed off businessmen that are angry that a bunch of hackers were smart enough to -use- copyright law to prevent them from just taking the code. They'd rather see it BSD licensed, but things are the way they ought to be - if the original author wants it GPL'd, then the original author is *exercising* his rights under copyright by licensing his/her code under the GPL. The same with someone who writes code and then licenses with a BSD license - they are allowing what they want to allow, and not allowing what they don't want to allow. Their code, their copyright, their decision to license how they want it licensed.

      But then people whine that it's not BSD and they can't just take the code ... tough. You can't have it both ways - you can't say 'oh, a company who writes software has the right to license it at $30 a copy' -and- say that it's somehow unfair that someone licenses code -they wrote- with a license that prevents you from distributing binaries without making source available. The ability to do either is rooted at the same source -> copyright.

      Of course, they don't see the inherent contradiction in their arguments. And I'm starting to rant, so I'll stop now.

    2. Re:Protecting IP rights? by DoraLives · · Score: 1
      it's a privelege granted for a limited time by the government.

      Unless, of course, you own the government.

      --
      Is it fascism yet?
  40. yep by Anonymous Coward · · Score: 0

    If there's one thing we need, it's more lawsuits.

    1. Re:yep by Anonymous Coward · · Score: 0

      maybe the big boys need to have their efforts backfire so they might learn to play nicer'er.

  41. Typo #4 by yuriismaster · · Score: 1

    Soviet Computer Hacker named Linyos Torovoltos

    from the best idiocy satire page ever:
    http://www.adequacy.org/public/stories/2001.12.2.4 2056.2147.html

    1. Re:Typo #4 by Aeiri · · Score: 1

      Soviet Computer Hacker named Linyos Torovoltos
      from the best idiocy satire page ever: http://www.adequacy.org/public/stories/2001.12.2.4 2056.2147.html


      After 3 years, I finally find it!

      You want to know the sad news about that? It is (was) real. Someone took that from somebody and adapted it to look that way. 2-3 years ago, I read that exact article, except all the titles, names, etc, were RIGHT (Linus Torvalds, Linux (not Lunix), everything). This was on some parenting site. I don't know, maybe someone adapted that "real" from the fake, but it was classic when I read it then, too.

    2. Re:Typo #4 by Aeiri · · Score: 1

      Now that I read that new one, some of that is obviously butchered (or the "real" was butchered to get rid of it, still not sure which). I.E.:

      Popular hacker software includes "Comet Cursor", "Bonzi Buddy" and "Flash".

    3. Re:Typo #4 by Anonymous Coward · · Score: 0

      read it again (carefully), it's actually rather poor quality.

  42. The best part of OSS by nate+nice · · Score: 3, Informative

    Is that if you have a problem with it, look under the hood. The keys are right there. Stop spewing stupid "theory" and have a look. Show us what's wrong. It's all there, look! Found anything? Keep looking. In fact, look until you find something...keep looking. Go for it! Found anything yet? No? Hmmm, I would suggest to keep looking actually. What's that, you're tired of looking? You would rather write an aricle about how you bet if you looked hard you would find something? Ok, the look!
    Show us what's wrong. It's all there, look! Found anything? Keep looking. In fact, look until you find something...keep looking. Go for it! Found anything yet? No? Hmmm, I would suggest to keep looking actually. What's that, you're tired of looking? You would rather write an aricle about how you bet if you looked hard you would find something? Ok, the look!
    Show us what's wrong. It's all there, look! Found anything? Keep looking. In fact, look until you find something...keep looking. Go for it! Found anything yet? No? Hmmm, I would suggest to keep looking actually. What's that, you're tired of looking? You would rather write an aricle about how you bet if you looked hard you would find something? Ok, the look!

    --
    "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    1. Re:The best part of OSS by SA+Stevens · · Score: 1

      That's a little bit like telling the average driver:

      "if you have a problem with your automatic transmission, here's a set of wrenches. Just look under the car."

      Plus, this is a criticism of process, not of code.

    2. Re:The best part of OSS by nate+nice · · Score: 1

      Criticize the process all you want but it works and works well. Look how much great OSS there is. Looking under the hood is the proof it works.

      An your analogy is poor as it shadow better if you said:

      "That's a little bit like telling a mechanic:"

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    3. Re:The best part of OSS by Wybaar · · Score: 2, Insightful

      No, it's more like telling that average driver:

      "If something goes wrong on your car and you want to look under the hood, be my guest. If not, you can go to any mechanic you want to try to fix it -- you don't have to go back to the dealer and take their word as to what's wrong with your car."

      --
      Y|
    4. Re:The best part of OSS by SA+Stevens · · Score: 1

      'Look under the hood' is a good analogy, because used car salesmen thrive by allowing 'regular folk' customers look under the hood of lemons.

      BTW: Most mechanics won't touch an automatic transmission. No number of wrenches is gonna let them figure it out. In a similar vein, very few programmers are actually Systems Programmers. And an application programmer isn't gonna be able to 'validate' the Linux kernel.

    5. Re:The best part of OSS by nate+nice · · Score: 1

      OK, your analogy has *some* validity to it, but it's getting way off to the point of nonsense.

      My whole point was, and is, if you have a problem with someones process it's because their product is not good. Look at open source code, use it, etc and it works well in many instances. This validates the process is good I think.

      And BTW, many mechanics are not idiots. They can drive a car a couple blocks and diagnose a problem quickly and correctly with a transmission. They can then open the tranny and clean it, bore it, or replace the parts they need. They know how to use computers to aid in diagnosis. Good mechanics are not idiots just because they work with their hands.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    6. Re:The best part of OSS by SA+Stevens · · Score: 1

      Getting even more OT:

      Do you even KNOW any mechanics personally? I have family members who work on cars a lot. I have started working a LOT on an old truck, a 1970 C-10 I bought and am getting to enjoy working on. I've replaced the starter, and I've torn open the Automatic Transmission to replace the filter. I'm about to pull it myself and bring it into the shop (a specialty shop that works exclusively on Automatic Transmissions) to get it fixed.

      Nobody I know who will work on an automatic transmission. They are just plain considered 'specialty' items too complicated for even a regular garage to work on, that you farm out to the very few special shops who can do that job. I'm talking about people who won't wince when it comes to rebuilding a carbeurator. Nobody works on automatic transmissions.

      I'm wishing my truck just had a nice 5-speed.

  43. Kenneth Brown? by Anonymous Coward · · Score: 0

    What do we know about this guy anyway? He appears to be a lunatic with an axe to grind (and a with a sugardaddy who is glad to help with the grinding).

  44. Alexis of Tocqueville Instituion: our mission by akzeac · · Score: 1

    Since 1988, the Alexis de Tocqueville Institution has studied the spread and perfection of democracy around the world.
    In this, we follow the principles of Tocqueville himself, while claiming no unique mandate to represent them. Among these liberal ideas are civil liberties, political equality, and economic freedom and opportunity.



    What the fuck does a political organization have to say about who is the creator of Linux, or what software development practices open source has?
    Isn't that like having Democrats speaking about relativity, or the Bush criticizing higher maths?
    Why the hell is anybody paying them any atention?

    1. Re:Alexis of Tocqueville Instituion: our mission by rewt66 · · Score: 4, Insightful

      No, it's a bit worse than that. If you're named after Alexis de Tocqueville, and you're in favor of "civil liberties, political equality, and economic freedom and opportunity", but you're against open source, you must be...

      Misnamed. And lying about what you stand for.

      It's more like someone who claims to be speaking for the Democrats talking about how the unions are damaging businesses...

    2. Re:Alexis of Tocqueville Instituion: our mission by arf_arf_arf · · Score: 1

      >>>Isn't that like having Democrats speaking about relativity, or the Bush criticizing higher maths? fwiw, all of 'em weigh in on everything, up to and including stem cell research. what it means is an exercise left for the reader.

    3. Re:Alexis of Tocqueville Instituion: our mission by Anonymous Coward · · Score: 1, Interesting
      Misnamed

      No, I think the name was carefully considered and picked because it fit so well

      Consider these quotes from the original de Tocqueville:

      As one digs deeper into the national character of the Americans, one sees that they have sought the value of everything in this world only in the answer to this single question: how much money will it bring in?
      and
      In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own.
      I think this guy picked a very apt pseudonym for himself and his one-man institution.
  45. Harmless, really by clem.dickey · · Score: 1

    Kevin Brown probably noticed that things had been a bit slow over at Groklaw lately (Obituary notices? Come on). So he tossed PJ and the gang some chum. Nothing wrong with that.

  46. Best of Show by Doc+Ruby · · Score: 4, Insightful

    "best practices associated with protecting intellectual property"

    Like frivolous patents, astroturf, monopoly lobbying, and, most important, funding the AdTI. Yep, Linux and most "open source" projects don't do any of that stuff.

    --

    --
    make install -not war

  47. "public domain" by Mike+Markley · · Score: 4, Informative

    Maybe I'm being a pedant (and it wouldn't be the first time), but how are we to trust the judgment of ADTI on the topic of licensing and IP when they aren't even aware of the difference between copyleft and public domain?

    Public domain is pretty clearly defined under current IP laws, and just about the only thing it has in common with open source, free software, copyleft, etc. is the fact that all generally permit anyone to look and touch. In fact, public domain refers to who owns it and only implies the license terms (to the best of my understanding, it's basically "the public owns this and, as the owner, the public can do whatever they want with it"). Copyleft does not release ownership of IP to the public.

    Then again, that's probably exactly what these clowns want the public to think it does...

    1. Re:"public domain" by gl4ss · · Score: 1

      ..and so what if it did release the ip to public?

      if you're doing it willingly where the fuck is the timebomb?

      --
      world was created 5 seconds before this post as it is.
    2. Re:"public domain" by imroy · · Score: 1

      Remember that the last time Ken Brown was in the news (for his still-as-yet unreleased book) he made a point of referring to Open Source(tm) as "hybrid source". His reasoning was based on his belief that F/OSS contains stolen commercial "IP" and was thus composed of a a hybrid of open/closed source code. So now he's calling it public domain. Sounds like he can't even stick to a single consistent message.

    3. Re:"public domain" by wfberg · · Score: 1

      The very definition of public domain is that no-one owns it (not even "the public", since you'd have to define who the public is); no one has any right to prohibit anyone from doing anything with it. When copyright lapses, after 1000 years if Disney can help it, it reverts to the public domain.

      There's nothing particularly special about public domain, other than the fact that the term is often abused ("this program is public domain, but if youse commercial gimme cash").

      Being in the public domain is the natural state of software. Without copyright laws, all software would be in the public domain.

      Note also, that being in the PD doesn't entitle you to get some piece of software's source code; there's no obligation on the author to give it to you - this is exactly what the GPL is intended to solve.

      Note that your mileage may vary outside the US; for example, not only are government publications not in the public domain by default, but if their copyrights are released, often this only applies to the rights to copying, (re)distribution and creating derivative works, but retaining moral rights (the right of an author to protest if his/her work is "raped"/"abused"; for example if your public domain music is being used by neo-Nazis to promote their political party. Moral rights cannot be reassigned at all(!))

      --
      SCO employee? Check out the bounty
  48. Easter bunny implicated? by D4C5CE · · Score: 2, Funny
    Many here will remember ADTI's previous assertion that Linux Torvald was NOT the true father of the Linux kernel.
    Hope we'll get to see an equally memorable retort this time...

    As Linus wrote last year:

    Ok, I admit it. I was just a front-man for the real fathers of Linux, the Tooth Fairy and Santa Claus. (...) I've lived a life of subterfuge, always afraid that somebody would find out the truth. (...) I can now go back to my chosen profession, the exploration of the fascinating mating dance of the common newt.
    1. Re:Easter bunny implicated? by Anonymous Coward · · Score: 0

      that retort was only memorable because of it's remarkable banality.

  49. Then what they say is true... by gotr00t · · Score: 1

    This person, "Linux Torvald" must NOT be the "true father" of the Linux kernel since "LINUS Torvalds" already is.

  50. If you can not beat em, threaten to sue em. by hoolie · · Score: 1

    A while back, M$ pretty much ignored the Open Source community. It is odd how all of a sudden Open Source has become a "major threat". Why now?, if Open Source was "bad". Why they did not launch all these "legal" assults back in the early 90's? Could it be that the people in Redmond are losing market share?

  51. That sucks! by Sargeant+Slaughter · · Score: 1

    I have heard bad stuff about that organization before, but I had no idea. For some reason, the whole thing remonds me of the HR lady at my work. She's scared of everything and doesn't have anything better to do than bitch and spread rumors.

    --
    I hear and I forget. I see and I remember. I do and I understand. -Confucius
  52. why do /. still bother ??? by C0vardeAn0nim0 · · Score: 1

    why the editors here still bother publishing ADTI FUD ? seriously, is this such a slow news day ?

    we're all sick tired of knowing ADTI is just a bunch of lunatic FUDsters in M$ payroll and nothing they write is worth taking into account.

    unless, of course, you put it on "it's funny. laugh" section

    --
    What ? Me, worry ?
  53. In Other News.. by delire · · Score: 1

    .. The French Language is under investigation by the English Language on the grounds of it's allegedly unconsented appropriation of the word 'Rendezvous', now widely in use by French Speakers worldwide.

    Webster Dictionary Inc, consultants to the Plaintiff, claim the word was in fact first used by English soldiers in 1455 to describe a 'place and time for meeting' on the battlefield.

  54. New Institution by Anonymous Coward · · Score: 0

    How about: SItMtAdTIStFU (Slashdot Institution to Make the Alexis de Tocqueville Insitution to Shut the Fuck Up)

  55. Simply cite examples... by Moderation+abuser · · Score: 1

    e.g.

    http://news.google.co.uk/news?hl=en&lr=&tab=wn&i e= UTF-8&q=oracle+IBM+linux&btnG=Search+News

    Or these days, typing pretty much any big name and linux into Google will turn up a load of press releases and other info.

    Storm in a teacup.

    --
    Government of the people, by corporate executives, for corporate profits.
  56. Alexis de Tocqueville is rolling over in his grave by borgheron · · Score: 4, Informative

    It's a travesty that this name is used by these nafarious folks at ADTI. The real Tocqueville was a philosopher and lover of freedom:

    http://en.wikipedia.org/wiki/Alexis_de_Tocquevil le

    Truely ashame that they should damage his name.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  57. Comparisons by Slavinski · · Score: 1


    Best practices?

    Like this?: http://www.pcworld.com/resource/article/0,aid,1200 40,pg,1,RSS,RSS,00.asp

    There are others . . .

  58. Not quite by dusanv · · Score: 2, Insightful

    It seems they liked Kerry in the last election. A couple of quotes from the article:

    ... Mr. Kerry has put himself firmly in the camp of presidents from Reagan to Roosevelt, from Kennedy to Truman. These men insisted -- to a chorus of elite skepticism from both the left and right -- that, yes, democracy could triumph."

    When President Bush first mused, just before his party's convention, that the war on terror might be unwinnable...

    Seriously, how are republicans any different from democrats?

    1. Re:Not quite by SA+Stevens · · Score: 2, Funny

      Mr. Kerry has put himself firmly in the camp of presidents

      Thank goodness the rest of us didn't.

    2. Re:Not quite by the+gnat · · Score: 1

      Seriously, how are republicans any different from democrats?

      I'd say the Democrats' belief in limiting the power of law enforcement agencies is a good start. I've also seen very few Democrats speak up in favor of torture or arbitrary detention. And though they're denounced by the far left as just another pack of corporate shills, they're less inclined to openly favor big business. (There's a difference between being pro-capitalism and pro-corporation.)

      I generally find the Democrats' undying faith in big government as the solution to all problems sort of ridiculous, but I find much to agree with in their stance on civil liberties, privacy, and rights of the accused.

    3. Re:Not quite by Anonymous Coward · · Score: 0

      I'd say the Democrats' belief in limiting the power of law enforcement agencies is a good start

      Like unaccountable courts that act as mini-feudal societies? Or perhaps you meant the intelligence agencies that are overwhelmingly Democrat infested, such as the CIA? Or maybe you just meant large city police departments, which are owned by the Democratic party. Then there's the unofficial law enforcement operations aka Mafia that is completely aligned with the DNC. Not to be confused with organized labor, which is easy to get confused with organized crime since historically they've been run by the same people.

      I find much to agree with in their stance on civil liberties, privacy, and rights of the accused

      I don't find Democrats supporting these positions. Since when do Democrats care about civil liberties? Protection of free speech? Not at any US university - Democrat controlled thought police quickly shut down any contrary opinion. Right of religous expression? Get real! Right of life to the undesirable (handicapped, unborn, elderly, deformed, undesirable negros and hispanics, etc.)? Right of self defense ala 2nd amendment? Right against unreasonable search and seizure ala Elian Gonzalez? Right of private property which disappeared under FDR?

      The Democrats final social security solution is to exterminate the weak, just as their National Socialist party fathers did in Germany and Soviet Socialists did in Russia. Think I'm out in left field here? I dare you to google Planned Parenthood's founder Margaret Sanger and discover her ties to Nazi philosophy and views on the extermination of the weak and undesirable. Any wonder why Planned Parenthood has clinics in the black ghettos? Now you know why Terri Shiavo had to die. Democratic social security requires we get rid of the weak so the party can spend the money on more important things.

      What rights were you talking about (other than the right to kill the innnocent and to keep the guilty free from punishment).

      I've also seen very few Democrats speak up in favor of torture or arbitrary detention

      What Republican prefers torture? Oh, unless you're talking about that scenario where a nuclear bomb is placed in New York City (or whatever major metro), and you've got several hours till it blows, and the terrorist who planted it in your possession. Do you torture him or not? Interestingly, survey results show no difference between Democrat and Republican in the overwhelming conclusion that the bastard gets his skin peeled off if necessary to extract the necessary information.

      And to the final myth: There's a difference between being pro-capitalism and pro-corporation Like what corporation? If you follow the money, the biggest are predominantly pro-Democrat because they can buy them off easier. The small businesses are overwhelmingly Republican. So are you big business or small?

      Look at the people behind the party if you have any doubt. The DNC sold out long ago.

    4. Re:Not quite by Anonymous Coward · · Score: 0

      I actually voted for him, but you made me laugh out loud regardless. Thanks! :)

    5. Re:Not quite by jc42 · · Score: 1

      Seriously, how are republicans any different from democrats?

      There was a good explanation of this a couple of years ago in Doonesbury. When someone pointed out that the Democrats had engaged in the same sort of corrupt, immoral, unethical behavior that the Republicans were committing, another character said something like "Yeah, but when the Democrats do it, they know it's wrong."

      That explanation has stuck with me. I've found that it helps to ask the old question "Have they no shame?" Very often, the difference does turn out to be that the Democrats do have shame, but with effort they manage to overcome it. The Republicans think their shameful behavior is right and God is on their side.

      This is a bit of an over-generalization, of course, since there's enough shame to go around, and there are still non-extremist Republicans who understand that it's wrong. Such generalizations really only apply to the leaders of these two gangs. Behind the scenes, neither is all that monolithic.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  59. Some companies are smart, some are stupid by blackhedd · · Score: 2, Insightful

    Brown finds it "intriguing" that many open-source contributors work for large IT companies. "Every day, an untold amount (sic) of employees beholden to strict employee/invention/intellectual property agreements, in their spare time (and even during work-hours) freely give away ideas, code, and products to open source projects," he writes. This opens up questions around the legal ownership of contributions...
    There's no conflict with people contributing to open-source projects while employed by business firms. When you agree to assign IP to your employer as a condition of working for him, the employer becomes the legal owner of what you create. (Why is that so hard for everyone to understand?) The best companies have no problem contributing their code to the community because it benefits them in the end. Most big companies are wary of using open-source technology because they can't afford to be without support. The smartest ones know that they can anchor their own communities, especially around the more specialized and vertical software applications. The stupid companies are the ones asking "How am I going to protect my investment if I don't keep this stuff secret?"

  60. Is USA corrupt to the core ? by Anonymous Coward · · Score: 0


    because every day it sure seems like it

    at least the mafia has morals

    1. Re:Is USA corrupt to the core ? by Anonymous Coward · · Score: 0

      - not really corrupt to the core...

      - just populated with retards, incompetents, and mislead pantywaist liberal miscreants who are European simian worshipers...

      - even more amazing is that many of these native aliens believe it is proper and fitting to pay taxes, pervert the Second Amendment, and lower standards to encompass large percentages of dullards and malcontents...

      - of course, ADTI is comprised of fecal eaters, and their only complaint is of the slight 'sponginess' and 'tart' in the texture and aftertaste...

      - hope this helps!

  61. Re:This whole thing is ludicrous by Anonymous Coward · · Score: 4, Insightful

    Because most law makers are interested in controlling power. People can't just go around haphazardly GIVING empowerment. And if they have something worthy, then someone wants to control it by whatever ridiculous means they can think of.

    Rhetoric is a dangerous weapon and we should be cautious. If they say it often enough, people really will begin to believe it despite it being completely preposterous.

  62. Re:This whole thing is ludicrous by Gramie2 · · Score: 1

    That would be as inconceivable as not permitting Indians to make their own salt!

  63. That's one shit website! by mu-sly · · Score: 1

    This is one totally amateur looking website! Not sure what the hell it's all about even, but I can't take it seriously just because it looks like someone's 13 year old kid put it together in Frontpage.

    I mean... the branding is weak, the layout is sub-par and uninteresting - the overall impression created by that page is just one of confusion!

    Who are they, and what is the point they are trying to make? I can't even be bothered to find out, really, because the website makes me switch off before I get that far.

    I can't take this kind of critical commentary seriously from anybody with such an amateur looking website, and theris isn't even up to the visual appeal of the average contemporary blog! Awful!

    1. Re:That's one shit website! by Roguelazer · · Score: 1
      Did you look at the source code? Inline CSS, tags and an obvious dislike of indententation... Plus the fact that they are/were hosted by geocities... Check out this code:
      <!-- text below generated by server. PLEASE REMOVE --><!-- Counter/Statistics data collection code --><script language="JavaScript" src="http://hostingprod.com/js_source/geov2.js"></ script><script language="javascript">geovisit();</script><noscrip t><img src="http://visit.webhosting.yahoo.com/visit.gif?u s1111804552" alt="setstats" border="0" width="1" height="1"></noscript>
      <IMG SRC="http://geo.yahoo.com/serv?s=76001524&t=111180 4552" ALT=1 WIDTH=1 HEIGHT=1>
  64. Sci Fi by datafr0g · · Score: 2, Funny

    Just been reading the earlier post about the Sci Fi Hall of Fame additions and was surprised to find out that Ken Brown never made it.

    he's writing some fantastic fantasy work these days - outta this world man!

    --
    "Who says nothing is impossible? Some people do it every day!" - Alfred E. Neuman
  65. Which is why ADTI is hosted on FreeBSD... by shoppa · · Score: 2, Interesting
    http://uptime.netcraft.com/up/graph?site=www.adti. net.

    They were on Irix up until a few years ago.

  66. Quieter and quieter... by bondjamesbond · · Score: 1

    It's funny, but every time these bozos try to make noise, it grabs my attention less and less every time. It's like their attempts at a ruckus are getting quieter and quieter and...... It reminds me of Calculus when a LIMIT of ADTI approaches zero. It's still there, but it TENDS to zero.

  67. biased? by MasterOfUniverse · · Score: 1

    With references like "With references like 'open sores software,' it's easy to believe that ADTI might be somewhat biased." its easy to believe that the summary of this arrticle might be somewhat biased.

    --
    "There is no flag large enough to cover the shame of killing innocent people."--Howard Zinn
  68. Illumaniti? by Anonymous Coward · · Score: 0

    A french think-tank consorting with an American monopoly.

    I know it's just a bunch of really hardcore Republicans sitting in an office space in downtown Manhattan, pushing out marketing reports for the benefit of MSFT shareholders, but they chose the name for their think-tank. I don't know if the french name was supposed to be some kind of ruse to throw people off, or if it's supposed to lend it some kind of fucking credence.

    I think it's the Illumaniti, and they're still trying to aquire power without having to leave the Motherland. Cheese-and-Wineland. Whatever. Christ knows living in Manhattan would be some kind of death sentence for a frenchman; just too far from Paris, you know?

  69. Alexis? by Anonymous Coward · · Score: 1, Funny

    Alexis is that you? Alexis de Toqueville from NH? If so, please call me. Remember that night after our last meeting when we went drinking afterward and ended up back in my suite? Well, I seem to have developed these open sores since then and I really think you need to be seen by a doctor...

    Bill G from Redmond

  70. Move On! by Anonymous Coward · · Score: 0

    These guys put out papers and postions that soon after will appear on republican talking points all over the media.

    Give it a break! It's depressing that people just do not read, and end up blathering away in support of those they believe they oppose. And if you're referring to the latest main stream media forged documents, then you're really lost.

    The IMF is mostly liberal in composition, as is any of the UN organizations, the CFR and countless other institutes (not "institutions" sic - one has to earn the right to be regarded as an institution, not self-declare like Ken Brown does) that do nothing but spend peoples money studying and pontificating.

    Likewise, CIA, Dept. of State and countless other Federal departments are also as liberal as the news media in the US. To the point that being anything but a registered Democrat is a highly unwise career move. Anybody who has family members in these departments or works with them in business can verify this for you.

    Microsoft's Democratic lobbying front, ADTI, is an exceptional example of relativism at work. Redefinition of open source, theft of other peoples hard work (under the guise of corporate redistribution, which is a progressive concept regardless of who the thief is and who is his victim), intellectual dishonesty and downright fraud and misrepresentation are all marks of a good progressive.

    So please... unless you want to digress into useless political flamefests, just leave the political aspect alone. Those of us who actually read and trace where organizations get their funding know Ken Brown is:

    1. a fraud without the credentials he claims. ken brown is a product of schools that teach high self esteem to low ability children. combine that with sociopathic tendencies and you have a perfect shill.

    2. a leftist prostitute for Microsoft. shareholders, do your research. mr. brown's connections indicate it is time to run, not walk, from your microsoft stock.

    3. only out there to push bogus PR to other leftists in the news media that are to fscking lazy to check their facts (about 90%, unfortunately)

    Don't take my word for it. Do your own research or be a lazy-assed progressive parasite.

  71. Best Practices? by zotz · · Score: 1

    "'After a brief glance at much open source software development, it becomes readily apparent that a number of open source practices directly conflict with best practices associated with protecting intellectual property.'"

    Well hey, I am not so much concerned with the best practices associated with protecting "intellectual property" - I am more concerned with the best practices for creating and using and profiting from "intellectual property" - specifically copyrighted works. I think the GPL and other "copyleft" licenses, serve me quite well in these areas.

    If these other three are maximised, what do I care if protection is not?

    all the best,

    drew

    http://www.archive.org/audio/audio-details-db.php? collection=opensource_audio&collectionid=JohnConst antakisdrewRobertsRainwaterBlues&PHPSESSID=dbb37e7 61c339fb4da8e446132b483b0

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  72. Just remember one famous comment... by v8s4ever · · Score: 1

    "First they ignore you. Then they laugh at you. Then they fight you. Then you win."
    --Mohandas Gandhi

  73. It's not Microsoft-backed by Patrick+Mannion · · Score: 0
    It's Microsoft owned. But then again, due to amazing shittiness of their page, maybe it is Microsoft backed. I imagine the deal was this:
    Bill: Ok, I want you make a much biased report on Linux as possible.

    Frenchie: And wvat do wzee get in return!?

    Bill: A lot of money from us and free a FrontPage made website!!
    --
    In America, you spam computers In Soviet Russia, computers spam you!
  74. If de Toqueville were alive. by puppetluva · · Score: 4, Insightful

    If Alexis de Toquevill were alive and realized what these shitheads were doing in his name, he'd probably barf out his heart.

    Here's a quote from the real Alexis de Toqueville about the tendencies of American's to help each other out:
    "I must say that I have seen Americans make great and real sacrifices to the public welfare; and I have noticed a hundred instances in which they hardly ever failed to lend faithful support to one another."

    Sounds pretty different from the message of these bought-off scumbags.

    1. Re:If de Toqueville were alive. by puppetluva · · Score: 1

      OK grammar gestapo. . . I realize that "American's" should have been "Americans" above and that I misspelled Toqueville without an "e" at the end.

      Cut me some slack, i'm tired.

    2. Re:If de Toqueville were alive. by Anonymous Coward · · Score: 0
      I think they named themselves after this quote from the original de Tocqueville:
      As one digs deeper into the national character of the Americans, one sees that they have sought the value of everything in this world only in the answer to this single question: how much money will it bring in?
    3. Re:If de Toqueville were alive. by Anonymous Coward · · Score: 0

      Mr. de Toqueville also said that if you repeat a lie often enough, it becomes the truth.

      That's an appropriate name for the think thank (that doesn't).

  75. They also have a big brother by Anonymous Coward · · Score: 2, Insightful

    I suspect the reason that no FOSS has been sued for patent infringement is that the patent holders fear that they would lose. IBM and Novell have bet the farm on FOSS. They have no choice but to make sure that open source survives.

    By utterly crushing tSCOg, IBM is making it very clear that anyone who threatens the viability of open source is in serious trouble.

  76. I don't get it... by flood6 · · Score: 1
    Why do people (funded by big business) make it so hard for us to give quality software away?

    Jack Crack with some programming skills freely submits patches to the kernel. Why does this guy have to be subjected to this crap? What was his crime?

    Kenneth Brown: "Every day, an untold amount (sic) of employees beholden to strict employee/invention/intellectual property agreements, in their spare time (and even during work-hours) freely give away ideas, code, and products to open source projects," he writes. This opens up questions around the legal ownership of contributions, and could even open an avenue for a "disgruntled employee" to give away company secrets by contributing them to open-source projects, the report argues.

    He has no clue what he is talking about. Companies that hire OSS developers have contracts that state that all code written by that OSS developer for the software is released into the OSS world. Developers, companies, software managers have had this problem worked out for YEARS!

    I'm glad that this stuff will only be interesting to geeks. Because they will see that it is just MS-funded propaganda and will only shed light on MS FUD tactics.

    When the report is made public, I hope it is read and any good information can be used by OSS programmers and managers for future development. I mean, lets hear what they have to say and if there is anything reasonable, let's learn from it; but I doubt there will be much to learn.

    As was pointed out in the OP, "open sores software" does give a clue to some bias. Did they think they would be able to maintain credibility after that? Even F/OSS advocates have learned that saying (writing) things like "M$" or "Windoze" has no place in a logical or professional debate.

  77. "Open sores"? That's outrageous! by Tim+C · · Score: 1

    Why, that's as bad as "M$" and "Windoze".

  78. Alexis de Tocqueville must bespinning in his grave by TheBracket · · Score: 3, Interesting

    Alexis de Tocqueville must bespinning in his grave right now. The gentleman for whom this think-tank is named was a very forward-thinking member of the French nobility, right around the time that being of noble blood in France was hazardous to one's health. He is most famous for his comparison of Russia and the fledgling USA. He saw a lot of potential in the US, but believed that it's promise of democracy could be curbed by apathy, strengthening central governance, and a resulting tyranny of the strong over the smaller folk. That's pretty insightful for a French tourist in the 1800s! Given his observations, it seems likely that today he would believe that the use of patents, and shill-thinktanks to beat down the promise of OSS is exactly the type of thing that could lead to the nation's downfall. I'm sure he wouldn't want his name lent to such policies.

    --
    Lead developer, http://wisptools.net
  79. Re:This whole thing is ludicrous by Anonymous Coward · · Score: 0

    Sort of true, but unfortunately patent law still applies in some countries.

    So even if you come up with something on your own, if someone else has patented it, you can't use it.

    This is true of not just software either. If you invent or otherwise design something that is patented, you can't legally use it. Even in the privacy of your own home. Yay.

  80. Backed by Microsoft and Tobacco companies... hmmm. by LewekLeonek · · Score: 0

    Where did all the money go?
    Because certainly AdTI cannot afford decent web site. This just shows that, the orginization does not really care about internet, software and technology overall.
    Come on AdTI!
    I challenge you to get a decent team of web designers and developers. Don't just stuff you pockets with the cash you get from Microsoft and Philip Moris. Spend some of it at least on some proprietory technology, which you are lobbying so much. Unless you want to pull off "el cheapo" and allow me to show you how great portal you can create with "Mambo" - this open source content management system would do your web site good.

  81. If I win the lottery... by Radical+Rad · · Score: 4, Funny

    If I were to win the lottery then just to amuse my Slashdot friends I promise to commission a study by the Alexis de Toqueville Institute which finds that small hairy dwarves who live in the sewer actually invented Linux. I will have Ken Brown include in the bibliography the ingredients label on a can of Lima beans as well as a second ADTI report which finds that the Law of Gravity is on a collision course with intellectual "property" law, and I will pay him extra if he agrees to entitle the report "The Secret Incestual Goat Fetish of My Immediate Family". How much do you think he will do it for, about 5 or 10 grand?

    1. Re:If I win the lottery... by Anonymous Coward · · Score: 0

      This has to be the funniest /. comment ever.

    2. Re:If I win the lottery... by Anonymous Coward · · Score: 0

      For an extra $20, he'll blow you or a goat (your choice) while he writes the report. In the case of the goat, it's research for the report. I think a good subtitle for the report would be: IP so horny!

    3. Re:If I win the lottery... by kintarowins · · Score: 1

      5 or 10, yea. Then they will sue it back off you for following the law of gravity.

  82. If I was disgruntled... by purves · · Score: 2, Interesting
    This opens up questions around the legal ownership of contributions, and could even open an avenue for a "disgruntled employee" to give away company secrets by contributing them to open-source projects, the report argues.

    He makes it sound like open source suddenly gives disgruntled employees an avenue to hurt their former employer when none existed before. Let's evaluate the choice of a disgruntled employee:

    A) Give IP to Open Source Project

    • Company finds IP because, well, it's an open source project
    • Company forces project to remove IP
    • Project at the very least is considerably set back if not closed
    • Everyone on project hates me, possibly sued by former company for releasing IP

    B) Quit and work for the competition

    • Get a raise
    • Watch former company lose market share to new employer
    • Make insulting jokes about former employer with new co-workers

    C) Burn down employers building

    • Go to prison

    Your results may vary, but you get the idea. Contributing IP to an open-source is hardly the best option for a vindictive person.

    1. Re:If I was disgruntled... by mikael · · Score: 1

      (B) is absolutely the best choice:

      Not forgetting:

      o See other employees jump ship to other companies and hear them say bad things about management.

      o Watch the company go bankrupt in slow motion and sink without a trace, then hear shareholders and investor say bad things about the ex-managment.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  83. Not slashcode, gedit. by Slartibartfast · · Score: 1

    I'd put my text into gedit so's I could cut-and-paste it into Slashdot. Probably wrapped on the hyphen. Thanks for the catch! [I normally check my links for Slashdot posts, but since this was actually a paste of an e-mail, it didn't occur to me.]

    1. Re:Not slashcode, gedit. by Frodo+Crockett · · Score: 1

      Ah, thanks for enlightening me. I figured it was either a bug or part of the lameness filter. (Breaking up long words to stop the page-widening trolls.)

      --
      "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
  84. Re:This whole thing is ludicrous by menkhaura · · Score: 5, Interesting

    "The most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly... it must confine itself to a few points and repeat them over and over."

    Joseph Goebbels - Nazi Minister of Propaganda

    --
    Stupidity is an equal opportunity striker.
    Fellow slashdotter Bill Dog
  85. Open sores by Anonymous Coward · · Score: 0

    Actually, the first time I heard the phrase "open sores software" was from Bob Metcalfe, the inventor of Ethernet.

    I emailed him straight away to complain, and he blamed it on his editor. Then he went on to publish three or four more editorials flaming "open sores software" again.

    He may have been responsible for Ethernet, but Bob Metcalfe is a lying, fudding sack of shit.

  86. pure crap by cg0def · · Score: 1

    If you believe this crap I have a piece of land you should look at but you need a swim suit and some other gear. Do you honestly thing that Novell and IBM would have invested ANY money in linux after the SCO scam if there really was a problem? I don't think so. The truth is that in the future you will see a lot of changes in the biggest joke called patents. And this is all a good thing. Control of information is absolutelly a non democtaric measute and if you say that you have defeated communism how can you possibly still resort to pattents. Don't get me wrong I think that there should be registry of who created what but there is no way that anybody is supposed to have a say on what I cannot know about just because they make profit off of control of information. Sorry but this is actually worst than communism ...

  87. Solution: Go Low. by Simonetta · · Score: 3, Insightful

    Even if laws don't exist yet to kill Open Source, the laws are coming if they threaten the big corporations.

    When this happens, the open source community in the developed world will continue what they're doing quietly. Their code development won't stop: it will just not be implemented into businesses in the developed world (i.e. any country where the lawyers have more money than the industrialists).

    However in the developing world, corporate lawyers don't have enough money to retard the development of industries that have the potential of making bigger payoffs to the politicians than the corporate lawyers do. In other words, the open source programs will be adopted by businesses and industries in the developing world regardless of the quasi-legal roadblocks that Microsoft uses to prevent OS use by businesses in the wealthy countries.

    In countries that are rich enough to allow businesses to have the resources to both pay off the politicians and buy legal copies of Microsoft applications, businesses will allow Microsoft to control the laws applicable to open-source programs. In countries where businesses can't afford to pay off the politicians and buy legal Microsoft aps, the local governments will refuse to allow Microsoft to use the government's legal structures for that company's sole gain because the local politicians know that in the long run they will get more money in pay-offs from business that are using open-source software than they will from Microsoft.
    When you can grasp the pay-off structures, then you can understand the how the law will be interpreted and applied in most situations.

    There is nothing majestic and omnipresent about the Law. Underneath all the rhetoric about justice and order, the law is merely a means to facilate the flow of money to those who control the application of violence in a society. If they feel that you are not sending enough money their way, then they will direct their control of violence your way. This is the fundamental guiding principle of how the world works.

    This applies in the developed world even more than the developing world, but in developed countries these primal forces are better hidden through patents, copyrights, and academic consultants.

  88. Fuck MS, revese engineer & disseminate hacks e by Anonymous Coward · · Score: 0

    People should revese engineer MS crappy sotware and find ou all the ways of breaking their IP serial number locks and try to discredit their IP patents etc. They dont play fairm neither should anybody else, why be forced to give MS any money just because they have 92% of the computers out there. They lock everybody into their format, they abuse their position, they steal from the open source world and have the gaul to trash its concepts, they try to polliticaly destroy open source, sthe sooner MS is gone the better. I for one am determined to use thier products at an absolute minimum, and I think that it would be neat to crack their products and any sort of future hollywood/ms drm crap in the future. Soneday, we will get real open source hardware cheaply and we can tell all the computer industry that supports MS and DRM motherboards to get stuffed!

  89. Re:This whole thing is ludicrous by Anonymous Coward · · Score: 1, Interesting

    Just thought it should be noted that when you sit down with a computer and write software, it's not for free. No matter what, your time is worth something.

    A lot of free software is subsidized by parents paying the bills for room & board of the programmer. Other free software is subsidized by companies paying salaries to people creating open source software on the company clock.

    I'm not saying this is good or bad, just that writing software is never really free. Somebody is paying to feed and shelter that programmer.

  90. ironic Apple reference by idlake · · Score: 1

    It's kind of ironic that on their web site, right below the "open sores" story is a story about how great Jobs and Apple are. A large part of OS X is based on open source software. And a lot of the technologies that OS X is based on (window shadows, gcc, transparency, the PDF imaging model, Objective-C, OpenStep, etc.) were not invented or developed at Apple, and most of them weren't even invented or developed at NeXT.

    Whether one thinks of Apple as a great innovator in some areas or not, the fact is that without open source, OS X would not exist.

  91. Some comments on the ADTI mission statement by PenguinX · · Score: 2, Insightful

    Something I noticed from http://www.adti.net/background/mission.html

    Paragraph 1:
    ADTI: Since 1988, the Alexis de' Tocqueville Institution has studied the spread of perfection of democracy around the world.

    BjL: Most open source pundits do not believe that perfection is something to be attained through democracy.

    ADTI: In this, we follow the principles of Tocqueville himself, while claiming no unique mandate to represent them. Among these liberal ideas are civil liberty, political equality, and economic freedom and opportunity.

    At the root, perhaps, is a populist belief in the basic goodness, perfectibility, and nobility of mankind and the human community.

    BjL: I simply do not buy or agree with their seemingly objective, however quite positive self-assessment in paragraph two.

    It is my experience the open source community tends to have an entirely antithetical epistemological structure to the to the structure expressed by ADTI.

    It also seems to me as though the open source community does more to advance the 'human community' through their nearly postmodern approach to technology than ADTI does through stoically expressing their 'liberal' views as fact.

  92. Oh oh MS bashing by Anonymous Coward · · Score: 0

    Lemme get in on this.
    "Open sores software"
    For instance:
    Outlook [express] - Microsoft Dirty Needles

    Ok, I've only got the one. anyone else?

  93. Software Theft: PROMIS by handy_vandal · · Score: 4, Interesting
    If you don't think IP theft happens in corporate software, think again. There's been several very public lawsuits where code theft from one company to another happened.

    True. Example: Inslaw's PROMIS.
    Based on their knowledge and belief, the Hamiltons [William and Nancy, owners of Inslaw] have alleged that high level officials in the Department of Justice conspired to steal the Enhanced PROMIS software system. As an element of this theft, these officials, who included former Attorney General Edwin Meese and Deputy Attorney General Lowell Jensen, forced INSLAW into bankruptcy by intentionally creating a sham contract dispute over the terms and conditions of the contract which led to the withholding of payments due INSLAW by the Department. The Hamiltons maintain that, after driving the company into bankruptcy, Justice officials attempted to force the conversion of INSLAW's bankruptcy status from Chapter 11: Reorganization to Chapter 7: Liquidation. They assert that such a change in bankruptcy status would have resulted in the forced sale of INSLAW'S assets, including Enhanced PROMIS to a rival computer company called Hadron, Inc., which, at the time, was attempting to conduct a hostile buyout of INSLAW.
    - Source
    -kgj
    --
    -kgj
  94. Re:This whole thing is ludicrous by Anonymous Coward · · Score: 0
    Somebody is paying to feed and shelter that programmer.

    Likewise, somebody is paying for you to create your tautology and post it.

    So what?

  95. The "Can't make money off OSS" Policy. by Anonymous Coward · · Score: 0

    "So the proposed solution is to sue the pants off of anyone involved with open source and take their money. Open source developers have a great defense against this: they have no money."

    Well there goes the argument you can make money off open source.

  96. Re:This whole thing is ludicrous by symbolic · · Score: 1


    What I say "Free", I mean free from commercial interest, free from laws that remove our ability to empower ourselves. As you know, "free" doesn't always a translate into money.

  97. it seems to me by darth_linux · · Score: 1

    These people are the type to start with an opinion (provided them by a company) and work to provide evidence to back that opinion. Not very scientific or trustworthy...

    --
    Power to the Penguin!
  98. at least it ends good by suezz · · Score: 2, Informative

    Brown's 2004 report alleged that credit for the origin of Linux should go to projects such as Minix, authored by Andrew Tanenbaum. That report drew criticism from many quarters, including Tanenbaum himself. "My conclusion is that Ken Brown doesn't have a clue what he is talking about," Tanenbaum wrote in a web posting at the time.

    yup brown is an idiot - bring on the legal challenges - who is he actually trying to scare.

    who does think he is anyway - my company doesn't own me and I am free to think and come up with ideas without the company saying they own it.

    this could be applied to anything - if I think of someway to paint my garage in five minutes and then my company wants to use the idea for their buildings - are they going to claim they own the idea because when I thought of it I worked for them? companies don't own you - what a moron.

    this guy sure likes mental masturbation a lot -

    1. Re:at least it ends good by jswalter9 · · Score: 1

      Some employers do think they own everything you create while you're employed with them.

      Case in point: the company I work for.

      --
      Retired from software... maybe. Sort of.
  99. Re:This whole thing is ludicrous by jonbryce · · Score: 1

    Remember, it is free as in freedom.

    When RMS wrote his free Emacs program, he made money from it by selling copies for $150 each. It was still free software because people had the right to distribute and modify the software.

    Other free software developers make money from selling support contracts for their software. Again, even though you are paying for it, it is still free software, because you have freedom.

  100. adti.net's server by Game+Genie · · Score: 1

    Check out the Netcraft report on adti.net. Appartently they only hate certain open source software. Ha ha.

  101. Protecting [Bad Arguments] by Anonymous Coward · · Score: 0

    "Whoa, Open Source not conducive to protecting IP rights? Well, at least they're finally catching on. Maybe next they'll realize that IP isn't real property - it's a privelege granted for a limited time by the government."

    Yeah the above is "insightful" when it's what you want to hear. Good thing this forum's standards are lower than a tabloids.

    I have a much better question for you. Do you think that repeating the above over and over, will suddenly get society to start approving of your actions?

    Especially when the audiance you're trying to convince have eyes and minds just as capable as yours.

    They know that piracy is going on, and that it's in volation of copyright (that "limited time privelege")*

    The problem is that some of you simply don't care, and that simply makes people wonder all the more. Who exactly are you trying to convince? Yourselves, or us?

    *Some of them are, from what I hear, are even aware that IP is much broader than the slashdot crowd would have you believe. And ask themselves "When will they come after me"?

    1. Re:Protecting [Bad Arguments] by Anonymous Coward · · Score: 0

      Another moron heard from.
      How come any time someone defends good old traditional copyright and gets the law RIGTH, all the trolls come out accusing him of being a pirate and commiting copyright infringment? The grandparent post certainly never said anything about commiting infringment, yet this troll tosses off invented charges as if that makes him some ritcheous defender and the original poster wrong becuase he's some evil criminal. Same old shit over and over.
      By law copyright is indeed a priviledge granted for a limited time. Read the law. Read the Supreme Court rulings.
      In fact as far as I can tell most people on Slashdot mistakenly believe copyright restricts MORE than the law says it does.

    2. Re:Protecting [Bad Arguments] by Anonymous Coward · · Score: 0

      You, sir, are an I-D-I-D-O-T-H.

      From the U.S. Constitution:
      Section 8. The Congress shall have power ...

      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; Right there, is the basis of IP law in the United States. IP rights are in fact rights granted by the government to authors and inventors, for a limited time. Therefore, "Maybe next they'll realize that IP isn't real property - it's a privelege granted for a limited time by the government." is insightful unconditionally, because it's the plain truth.

  102. "Terrorist"=="Freedom Fighter". by Anonymous Coward · · Score: 0

    "The most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly... it must confine itself to a few points and repeat them over and over."

    One man's (-1) is another man's (+5).

  103. depressing thought by rknop · · Score: 3, Insightful

    From the article:

    Most worrying of all is the absence of litigation around open-source projects, Brown says.

    Wow. If that's not an indictment of the thinking of these sorts of people, the nature of our society, and the assumptions behind what people say about IP, then I don't know what is.

    If people aren't getting sued, then something must be wrong, eh? My god, what a depressing thought.

    -Rob

    1. Re:depressing thought by Anonymous Coward · · Score: 0

      Exactly right Rob.

      A few years ago, in the company car I was snagged in a pileup due to bad weather and stupid driver(s). About 20 alltogether, nobody seriously hurt thankfully. Six months later I get sued/subpoened by the woman who HIT ME from behind. So I have a little meeting with the company's insurance company's legal rep and she asked me if I was ever sued before. I said no. She was incredulous that a 35yr old had never been sued before. I quipped 'Maybe I need to get out more often' but she simply didn't get the joke.

      Frivolous litigation in the US is out of control.

      In the end:
      I refuse to countersue on principle.
      The driver who hit me gets $2000.
      My company's insurance rates go up.
      I get nothing except a stiff neck for a week.
      Only the guilty and the lawyers make money, wonderful. I t's about money and money only.

      It's probably true that behind every scumbag lawyer there's a scumbag client but I have yet to meet a lawyer that wasn't a scumbag(ette).

      And yes, I do contribute to EFF btw.

    2. Re:depressing thought by FidelCatsro · · Score: 1

      Yes , Did you not know that my lack of a criminal record and lack of police intrest means i am the most devious criminal mind to have ever been born

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    3. Re:depressing thought by Alsee · · Score: 1

      Most worrying of all is the absence of litigation around Alexis de Tocqueville Institution, says me.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:depressing thought by iminplaya · · Score: 1

      Nice comment. Now remember that when you all vote.

      --
      What?
    5. Re:depressing thought by iminplaya · · Score: 1

      You see, it goes like this. The less paperwork that there is on you, the more suspicious you are of commiting something wrong. For example, I have no credit history or card. That's almost a punishable offense to customs when re-entering the country. You're not a worthy citizen if you don't leave a huge paper trail behind you. They will think you're hiding something. To those who vote to maintain this way of doing things, I say, Thanks! You're creating a real paradise for all of us.

      --
      What?
  104. No code, no case, no worry by towatatalko · · Score: 2, Insightful

    All he has are allegations, no facts. He constructs his argument around the idea that "many open-source contributors work for large IT companies" and therefore there has to be a potential for copyright IP abuse, simple on the basis of statistical probability that such cross-over would have to occur. Nonetheless, he doesn't give any facts. None, zero. Then he goes on to point out that OSS is a ticking bomb before some serious court case will blow it up. Well, good news is that in court there would have to be some hard evidence and facts, allegations is not enough, not even close, especially in software cases where someone would have to show that copyrighted code was used, abused, etc. No code, no case, in my opinion, and no worry so far as the case with SCO shows, the case which is in big trouble for the lack of evidence.

    --

    IP was invented for the sake of lawsuits.
  105. Re:This whole thing is ludicrous by the+gnat · · Score: 3, Insightful

    I used to dismiss this type of thinking as paranoid whining. However, as I get older I'm becoming more and more libertarian, and I'm now convinced that even the most well-intentioned congressmen just don't know when the fuck to stop. And then there are assclowns like Ted Stevens, who thinks the FCC ought to be able to regulate profanity on cable. Such hackery is bipartisan; Tipper Gore was notorious for this, and Hillary seems determined to carry on the good fight.

    The frequent attacks on open-source as "communism" only hold true to the extent that RMS has more or less admitted that he'd like to outlaw closed-source software. And I've seen posters here claim that copyright is immoral and I should write software for the betterment of humanity. In the context of our current system, however, it's 100% compatible with capitalism. Everyone has a choice whether or not they want to contribute, or whether they want to use the products. If the software or business model is superior, it'll succeed because of that, not because the government is forcing anyone to use it. And if conventional software companies go bankrupt because of competition from the open-source movement, fuck 'em. The free market's a bitch. Learn to love it.

  106. Are these bozos for real? by jotaeleemeese · · Score: 1

    Or is this a well organize anti Linux troll?

    Can somebody based in the US confirm if the information below is real:

    From http://www.adti.net/form990/tax.menu.html:

    Address:

    Suite 151
    Benning Street
    West Lebanon
    NH 03784

    Or given them a call:

    (603) 6496395

    When I check the map:

    http://maps.google.com/maps?oi=map&q=03784

    I can't help it but note how empty it all looks.

    All very fishy.

    --
    IANAL but write like a drunk one.
    1. Re:Are these bozos for real? by jc42 · · Score: 1

      Look a few miles north, in Hanover. That's where you'll find Dartmouth College. Lebanon is effectively a suburb of Hanover, inasmuch as "suburb" has meaning in such a rural area. But this isn't some remote redneck area. It's a rich-private-school-in-the-country area.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  107. I dont' understand by Anonymous Coward · · Score: 0

    I've read your post and re-read it and read it yet again a 3rd time to see if there is a nugget of wisdom in there.

    All I can say is that you must either be the smartest man on the planet or the dumbest.

    I'm personally trying to figure out "...IP is much broader than the slashdot crowd would have you believe...". And then it occurs to me that you're so smart that you're playing dumb to try to troll more effectively.

    At least I hope so.

  108. What's next?! by adam31 · · Score: 1
    TechWorld is reporting on the latest attack on open-source software....
    With references like 'open sores software

    Oh man, first they ignore us.
    Now they're mocking and attacking in the same article... what's next?

  109. maybe they are right by Eternally+optimistic · · Score: 0, Redundant

    A long time ago, the Spanish empire was worried about the Dutch independence movement. It could threaten the whole concept of how countries were run by their rightful, heavenly appointed rulers.

    --
    What keeps me going is my inertia.
  110. This is getting ridiculous by MerlinTheWizard · · Score: 1

    Ultimately, what do big corporations like MS want? They want the extinction of OSS. Not only is this ridiculous, because it's pretty much the same thing as if you wanted to forbid writers to write books because they used sentences that could be found in other books (the exact same thing to some level, if you think about it), but it's eventually against their own interest too because it tends to reinforce what many institutions have been fighting them for: their monopoly position on the market.

    I don't believe Bill Gates is stupid, but is he? MS has gotten in much trouble with courts pretty much all over the world for their commercial strategy and market monopoly, yet they want to kill one form of free competition that lives pretty much everywhere in the world? OSS should actually be seen by MS as a major opportunity to have enough competition around not to be accused of monopoly, yet keep the upper hand in the "commercial products" market, which will probably continue to exist no matter how much OSS grows in the future. So it almosts seems like MS (and others) is asking to get punished. I don't get it. They are going backwards... and that may very well play against them in the future.

    1. Re:This is getting ridiculous by Anonymous Coward · · Score: 0

      There's competition, and then there's competition; what Microsoft wants is some safe competitor with 1% marketshare that they can point to and say "we're not a monopoly." What they most emphatically do not want is having to compete with $free, especially if the product being offered for $free is as good or better quality-wise as their own offerings.

  111. How it works in the real world by kjots · · Score: 1

    I belive that the open source development model is so strong, and that it will become so prevalent amoung small to medium businesses (if it has not done so already) to solve their IT needs, that if there should arise a conflict between OSS and the current array of intelectual property laws, it will be IP that gives way, not OSS.

  112. Ken Brown on The Linux Show by Anonymous Coward · · Score: 0

    Yep, this fool did an interview on The Linux Show. You can find it in the archives for 13 July 2004: Announcement | Ogg Audio Quite a heated debate in the latter half. -- jhansonxi of MadPenguin.Org

  113. ADTI Is An Unethical Organization by Goo.cc · · Score: 2, Insightful

    I can't understand why anyone, except the unexpecting, would even take Brown or ADTI seriously at this point, given the ludicrous and obviously false statements that have been making.

    Face it ADTI: you are nothing more than unethical Microsoft whores.

  114. moron by GoClick · · Score: 0

    That's why people use it, ya ass pirate.

    buggery
    n. Vulgar
    Sodomy.

    bugger
    n.
    Vulgar Slang. A sodomite.

    Ass pirat
    n. Vulgar
    The act of stealing and pounding booty.....damn pirates always want the booty.
    Roman (the ass pirate in steeb) just [deleted] brad's ass

    1. Re:moron by Anonymous Coward · · Score: 0

      Hard to tell wether your agreeing or disagreeing with him on the use of the term. However I agree that it fits, since the link didn't work due to an unforscene error in wrapping. I'd say the link already got the hind end of the deal. I mean, common, couldn't they at least give a reach around?

  115. Just part of a recent PR Blitz? by walterbyrd · · Score: 1

    Scoxe was fairly quite for a long time, but recently they have been on a rampage.

    Lemma see, McBride gives an interview (rare these days), O'Gara tries to start a rumor that sunw will buy scoxe, scoxe has a PR piece about openserver 6 being released eventually, scoxe releases another PR piece about their 5-star rating from VARBusiness (totally bogus btw, you buy those ratings), then we have AdTI back at it.

    All that hot air in about two week? Also during the same week scoxe shares takes a price hit, and volume dries up?

    Hmmmmm. . .

  116. Re:This whole thing is ludicrous by Anonymous Coward · · Score: 0

    Just for a laugh, you should visit Ted Stevens' Senate homepage and enjoy the seizure-like movement of his flag gif. Truly lovely web-design. This is best on my Open Source browser, FireFox, but in IE it's just as ugly, if not as fast.

  117. AdTI operates from a cell-phone and a PO Box by walterbyrd · · Score: 1

    I think so anyway.

    Back when AdTI posted the first Linux slaming article, posters on the yahoo scoxe message coordianted to track them down.

    Seems they are operating from one of those PO Boxes that are made to look like a real address. That and a cell-phone, and a geocities web-site.

    I don't think they have what you would call a staff either. It's pretty much all run by Ken Brown.

  118. Best Practices? by Trevin · · Score: 1

    Isn't "best practices associated with protecting intellectual property" an oxymoron?

  119. TOQUE == FAKE by Anonymous Coward · · Score: 0

    Alexis de Toqueville... sounds like a french
    name (I am a french Canadian)
    and in french, toque means fake!!!

  120. Because he's so off base he discredits himself by Anonymous Coward · · Score: 0
    This guy (and SCO) are both so amusingly off base that really discredit the FUD spreaders more than they help them.

    I think we need more wackos like him that can't even get their own stories straight - and the end result is that all Microsoft sponsored PR will be lumped in the same category as him.

    It's almost like that unfortunate (for SCO) time when the one kernel hacker they could find that said stuff kinda supporting their position was Jeff Merkey - and while he's a brilliant programmer, he's also kinda nuts (if I recall correctly - offering to sell peyote to help the 9-11 victims; claiming to fund lawsuits with gold mines he found; claiming to have a company genetically engineering peyote).

    The more money Microsoft spends on The Alex The Toker foundation, Darl, and Merkey the better things are for Linux.

  121. Netcraft says AdTI's web server is running FreeBSD by juntunen · · Score: 1
  122. Re:Alexis de Tocqueville is rolling over in his gr by Anonymous Coward · · Score: 0
    No, it's very apt.

    Here's a quote from the original de Tocqueville:

    As one digs deeper into the national character of the Americans, one sees that they have sought the value of everything in this world only in the answer to this single question: how much money will it bring in?
  123. Re:Alexis de Tocqueville is rolling over in his gr by Anonymous Coward · · Score: 0
    And another from the same page. from the original de Tocqueville:
    In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own.
    It's clear they picked an excellent name for themselves.
  124. Re:Alexis de Tocqueville must bespinning in his gr by Anonymous Coward · · Score: 0
    No. I think he would find this foundation quite enlightened in the same understanding of society that he and this organization both share.

    Consider these quotes from the original de Tocqueville:

    As one digs deeper into the national character of the Americans, one sees that they have sought the value of everything in this world only in the answer to this single question: how much money will it bring in?
    and
    In the United States, the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own.
    I think this guy picked a very apt pseudonym for himself and his one-man institution.
  125. How to handle your PHB... by Anonymous Coward · · Score: 0

    When your PHB comes to you with one of these reports in his hand after just having a meeting with someone pimping MS products, try saying something like this:

    "It is nonsense. No-one is going to stop the development of Linux, and no-one is going to sue you for using it. Reports like that are what Microsoft salesmen use to scare dim-witted middle management with a poor IT department into buying their products. You're not the former, and I'm not the latter, so next time you talk to this guy politely tell him to stick his product and his report up his ass."

  126. Re:Ticking Time Bombs by incabulos · · Score: 1

    Another rant by the what's-his-name Institute of Lies, Damn lies, and Distortion proved that Linux is a legal time bomb ticking away.

    Hark! Do you hear that Microsoft? That is the sound of your own mortality.. tick tick tick. Just as SCO were ground into the dust of history by the inevitable, implacable march of one billion cheerful penguins, so shall all who oppose the fearsome, dreadful might of Sharing Software, Free Communication and Collaboration, and Helping Your Neighbour!

  127. Re:"public domain" -specialized public policy def by Anonymous Coward · · Score: 0

    http://www.freeswan.org/freeswan_trees/freeswan-1. 5/doc/exportlaws.html

    quotes the international cryptography treaty (wassenar) defining public domain as:

    "technology" or "software" which has been made available without restrictions upon its further dissemination."

    This is different from the copyright definition, of course. The US equivalent, ITAR, as administered by EAR apparently uses a similar definition.

    So it is just possible that ADTI, despite dealing in law and policy, is clueless enough to mistake a definition for narrow public policy purposes (dual-use information export regulation) for the definition related to the most pervasive form of legal restrictiion on speech in existence (copyright).

    Naah.

  128. It it april first already? by infonography · · Score: 1

    The article is a troll. Ignore it.

    --
    Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
  129. Linux Torvald? by Caspian · · Score: 1

    Guys, the editorial quality here is going downhill. Please... hire editors who can actually, y'know, edit?

    --
    With spending like this, exactly what are "conservatives" conserving?
  130. Re:This whole thing is ludicrous by ChairmanMeow · · Score: 1

    My eyes are burning! That's worse than a goatse link!

    --
  131. Ass pirate? It takes one to know one, monsieur! by Anonymous Coward · · Score: 0

    You missed a definition.

    v. tr.

    1. To practice sodomy with.
    2. To damn.

  132. Shut up, ADTI by Progman3K · · Score: 1

    Just shut up.

    --
    I don't know the meaning of the word 'don't' - J
    1. Re:Shut up, ADTI by AdTI · · Score: 1

      Dear slashdotters -- sorry, we're not shutting up, but we'll be happy to debate. ;-) Best wishes.

  133. It turns out that it *is* slashcode! by Frodo+Crockett · · Score: 1

    Watch in awe as I type in an unbroken URL:

    http://www.somefakewebsite.com/aaaaa/bbbbb/ccccc /d dddd/eeeee/fffff/ggggg/index.html

    If you count, you'll notice that the URL is broken after the fiftieth character (the first 'd'). This will happen for any "word" more than fifty characters in length. Try it yourself and see!

    --
    "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
  134. The worrying part is... by Z00L00K · · Score: 1
    that the ADTI is actually working in DC and is therefore close to the politicians that institute laws and regulations.

    The point is that it's not necessary to have a general impact on people, but an impact on the legal system. This means that anybody with enough money and stamina is likely to get a lever into the legal system and thus creating a bias that is in their favor.

    In my opinion, any piece of software used in a governmental institution should be open source, since that code is paid for by the public. Therefore the public shall have access to it.

    Only a few components (which mostly is data, not software) that covers personal privacy, intelligence and national security shall be protected, but still accessible on a need to know basis.

    What can be done when it comes to organizations like the ADTI is actually to figure out if there are legal handles that can be used. With that I mean that a deep study of these organizations may reveal any tax evictions (no matter size) to be reported to the IRS, bribery and other activities.

    No felony may be too small to actually report to our public servants. Even parking tickets in abundance will be annoying. The point is to let the legal system work for you.

    OK, this post will probably put my Karma in "Evil" mode...

    (REALLY EVIL MODE ON) Anything else that you can find out may also work. All those business reply mail cupons in magazines are also an idea if you run out of ideas. Only check a few (filling in all will raise suspicions) on each cupon and fill in their name and address. The amount of junk mail will be annoying. If enough people does this with everything from toothbrushes to concrete mixers then they will not be doing anything else then sorting mail. (otherwise they will running the risk of losing important messages). It's also important to avoid cupons covering pornographic material, since that can be illegal. Also avoid anything that is cash on delivery, since that may be illegal too...

    Telemarketing targeting is also an annoyance that may be applied, but that is probably already taken care of by a do not call registration. Misdirected fax calls could be funny for a while (all restaurants in DC faxing their menu to the voice number).

    If you are two persons, you can place calls to them, where the first person calls three times asking for a "Asok Beeblebrox" or something. They will certainly say that that person isn't available, and then the other person calls back saying he is "Asok Beeblebrox" asking if anybody has called and then sounding VERY annoyed when they didn't take a note... (this is probably on the fringe of legality, so don't pull off this too often...) A twisted version is to first ask for a real name and then when you get that person you will run the "Asok Beeblebrox" with him/her. This will move the annoyance from the switchboard to the core of the organization.

    Well, that was EVIL... I felt that I had to be a little evil today... (REALLY EVIL MODE OFF)

    To everybody else: Have a nice day! :-)

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  135. Re:Netcraft says AdTI's web server is running Free by The+Cisco+Kid · · Score: 1

    I suspect ADTI is more opposed to GPL software than they are to BSD-licensed. After all, they can freely steal from the latter. (Nothing against FreeBSD, I use it myself.)

  136. Re:Alexis de Tocqueville is rolling over in his gr by Alsee · · Score: 2, Informative

    The American Republic will endure, until politicians realize they can bribe the people with their own money.
    -- Alexis de Tocqueville

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  137. Re:This whole thing is ludicrous by teg · · Score: 1

    Give someone a computer, some time, and some programming skills, and they can empower themselves for FREE - that is, without compensating anyone else that somehow manages to lay claim to what they've created.

    That's what patents are intended to stop.

  138. Here, have some money! by SpamMonkey · · Score: 1

    Quote from the AdTI site.

    In 1994, part of the Clinton administration's health plan proposed an increase in cigarette sales tax from 24 a packet to 99 a packet. Merrick Carey, then president of the AdTI, put a plan to Philip Morris whereby, for $30,000 a month, the Institution would conduct a campaign for them. The AdTI presented itself as a "bipartisan" economic think tank presenting an analysis of the Clinton plan, nowhere mentioning they were directly hired by Philip Morris to oppose the tax increase.

    Put in italic and bold for the relevant section to stand out. In my own opinion what this company looks like and pertains to be, and especialy when you look at the above quote is a company who sells out to whoever gives them the most money. They almost freely admit to being paid pitbulls for whoever it is that needs a campaign fighting that they do not agree with. It's like one company paying another to cause libel. Not right!

  139. Re:This whole thing is ludicrous by Anonymous Coward · · Score: 0

    Yeah, someone paid for me to sit and write software at home. Me. As I'd be paying for it wether I sit here, or in front of the TV, it's zero sum. OSS wins.

    Who paid for you to post your tripe on Slashdot?

  140. University IP contracts for students by kotku · · Score: 1

    I remember when I was an engineering student at Melbourne university part of the contract for being enrolled was that any ideas or anything that you develop whilst a student is the property of the university. It seemed a pretty blanket coverage of your activities and seemed very unfair if what possibly unenforceable. Has anybody seen this sort of thing enforced?

    --
    The bikini - security through obscurity since 1943
    1. Re:University IP contracts for students by Ohreally_factor · · Score: 1

      I can understand this (at least partly) if you were working under a professor doing research, but if you were doing your own work or your research was specifically an OSS project, I'd try to get a waiver, and the first person I'd ask about this is my faculty advisor. At the very least, try to get some clarification, possibly something akin to the ATT/IBM side letter.

      Even if it's ultimately unenforceable, you don't want to get dragged into the courts to to prove the point (or you might, if the EFF was backing you). Further, would you want to put the project you're working on at risk? A little due diligence can let you know where you stand.

      --
      It's not offtopic, dumbass. It's orthogonal.
    2. Re:University IP contracts for students by l3v1 · · Score: 1

      I also thought about this topic while having been a student. But, fortunately, we never had to sign anything regarding our future developments. Still, later, when I became phd student (still nothing signed) I came to know that it doesn't matter that we didn't sign anything, everything we make belongs to the university (you know, you sneeze here your life is ours). It probably is part of the regulations of the university, or I don't know how this can be true. But still, it is.

      All I can do about this is that I don't do anything related to my own little projects during working hours. This is probably no real protection, but it is the only thing I can do as of now.

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
  141. What are Ken's qualifications in the field of law? by Gorgonzola · · Score: 1

    I just wonder what Ken's qualifications in the field of law and especially IT-law are. Indemnification is not part of 'intellectual property' practice, it is part and parcel of IT-contracts. Indemnification is put into license agreements because it is a possible tool for users to get litigious third parties off their back. In practice it is an almost useless tool, but any lawyer worth his salt puts it into licence agreements. It has nothing to do with intellectual property law whatsoever though. And yes, I am a professional in the field of IT-related law.

    --
    -- Spelling and grammar errors tend to be a sign of erroneous thinking.
  142. And we listen to this mob why? by cranos · · Score: 1

    After the complete schelacking AdTI and Ken recieved the last time they tried this (is his book out yet?) why are we worried about this mob of nuts.

  143. Dear Ken by Anonymous Coward · · Score: 0

    I enjoy writing software, I can and I will write software for other people to use how and when I want to, and nothing you do or say will stop me doing that.

  144. mailto: research@adti.net by Anonymous Coward · · Score: 0

    hi,

    Congrats on your research being discussed in detail at Slashdot (http://linux.slashdot.org/article.pl?sid=05/03/25 /238257&from=rss).

    I would like to Submit a study idea:

    Can ADTI study how monopolies like Microsoft try to destroy innovation? It would be useful if ADTI focusses in its study on the tactics employed by monopolies to spread FUD by employing agents like ADTI.

  145. Re:This whole thing is ludicrous by Anonymous Coward · · Score: 0

    Uhhuh, and because I use non-zero time to have sex, I should think of myself as a prostitute? In fact, nobody ever does anything for free! Wow.

    Seriously, if you're writing software in your spare time, it's effectively free unless you're doing it as an alternative to paid work.

    While some people like to consider all of their time worth money, the key thing to consider is what you might be doing instead of writing software (such as posting to slashdot).

  146. Crappy tag-soup source with non-optimised images! by mu-sly · · Score: 1

    Eurgh! Not to mention that the total size of the homepage is 480kB (yes, almost half a megabyte), because none of the thumbnail images seem to have been resized from their originals... making them look like shit too! Yeah, love those jaggies!

    That shit would be a minute and a half upwards to download the homepage alone over a dial-up connection! It was even noticably slow (seemed to take more than 10 seconds) over my 750kb cable connection!

    I guess that's reason to be happy it was posted on Slashdot, because their bandwidth useage must have just gone through the roof in the last 24 hours... muahaha! (Had to do server-refresh a few times just make sure I was seeing the most up-to-date version... LOL!)

    Also, taking a look at the source code, you'll find they've invented a nice new <fooorm> tag, and my Firefox HTML Validator tells me that there are 3 errors and 142 warnings in their code.

    I'd say it barely even qualifies to be called a web page! ;-)

  147. Hypocrites? by phoenix-gb · · Score: 1

    Considering their anti-opensource stance, utilising the above-mentioned phrases such as "open-sore" and so forth, I find it incredible that the site's own title advocates the use of Mozilla Firefox: "Alexis de Tocqueville Institution: Best viewed using Mozilla Firefox".

    Hypocrites, or just plain retarded?

  148. Software Patents and Open/Closed Source Software by salesgeek · · Score: 1

    Somehow, I am reminded of the to date larges IP issue in software ever: The GIF patent. And it was not an open source issue.

    There is no logic in assuming that open source software is any more or less likely to infringe on a patent. With open source, at least you know what you are getting, and there is an accessible history of development - meaning that you are more likely to have a prior art defense - or show that there is nothing novel about whatever idea is in question.

    Even though you have a patent it does not mean that patent is valid.

    --
    -- $G
  149. Re:This whole thing is ludicrous by ddimas · · Score: 1

    You forget though that what started the Free Software Movement was AT&T stealing the freely donated IP of the programmers who turned Unix from a demonstration program into one of the most useful of OS's. I really belive that if AT&T had played nice we would never have seen Microsoft become such a monsterous monopoly. All that code was subsidized by the University system.

  150. kudzu by Cilingiroglu · · Score: 1

    Before open source there was "donation software" concept. The fathers of open source can be considered those people i think...

  151. a slip in statistics by Anonymous Coward · · Score: 0

    From the Techworld article:
    Most worrying of all is the absence of litigation around open-source projects, Brown says. "Certainly it is improbable (and mathematically impossible) to assume that no infringement is occurring," he writes. "Thus, we are left to conclude that infringement to date has largely been getting a 'pass'." Those involved must ask themselves when the litigation will arrive and what will trigger it, he argues.

    Everyone knows that when the change for an event X to happen is [X] = 0.00000000 with an infinite number of more 0, it is still possible! Mathematically my arse!

    Tristan

  152. As the man said: by alien+at+large · · Score: 1
    "My conclusion is that Ken Brown doesn't have a clue what he is talking about," Tanenbaum wrote in a web posting at the time.

    Sums it up nicely.

  153. Re:Fuck MS, revese engineer & disseminate hack by Sj0 · · Score: 1

    Welcome to the internet.

    Lay off the crack.

    --
    It's been a long time.
  154. Re:It's FUD and it's their end-game, and it's lame by Sj0 · · Score: 1

    /me wonders why the AC decided to delete the word "hose"...

    Guess tat adti.....??

    --
    It's been a long time.
  155. Three cheers for Andrew Tanenbaum by cannuck · · Score: 0

    Three cheers for Andrew Tanenbaum - who has the balls to come out and say what needs to be said. Three cheers for outing another organization bent on "truth washing". It is too bad others who have the info on other situations keep their mouths shut - (HIV=AIDS, "Global Waming caused By Us", "Lets Kill Grandparents -Iraq War Is Good", "Most Prescription Drugs Don't Work", "Most MedicalTreatments Don't Work", "Cancer Caused By 100's of Corporations", "Architects, Planners Hate People"...and so on)

  156. Re:Alexis de Tocqueville is rolling over in his gr by Anonymous Coward · · Score: 0
    It's a travesty that this name is used by these nafarious folks at ADTI. The real Tocqueville was a philosopher and lover of freedom


    They should have named it Linus Torvalds Institution. Oh, wait
  157. As opposed to... by Anonymous Coward · · Score: 0

    ...the thirty hours or such lost the last time you realized the value of backups just a little too late? :)

  158. Just being funny by GoClick · · Score: 1

    Oh I was just being funny, yes there are lots of them. Most people don't even know about the sodomy.

    I was just trying to get a laugh.

  159. Alexis de Toqueville truning in his grave by DataCannibal · · Score: 1

    Well round our way he's known as whirling Alexis and we've hooked him up to a genarator

    --
    No but, yeah but, no but...
  160. Re:This whole thing is ludicrous by Anonymous Coward · · Score: 0

    However, as I get older I'm becoming more and more libertarian

    Are you sure it's you that is changing and not the USA?

  161. Mod this troll down by Anonymous Coward · · Score: 0

    Mod this troll down

  162. Pot Calling The Kettle Black by Anonymous Coward · · Score: 0

    How can an obviously biased group like the slash dot crowd call someone else biased.

  163. M$ Desparate! by crusher-1 · · Score: 2, Interesting

    Does this surprise anyone? M$ stock has been flat for over 3 years. M$ is betting the farm on Longhorn and unless the code base isn't as porous as it's previous products M$ is going to have a lot of negative and very critical reviews and recommendation by various analysts in a wide spectrum of sectors. Pair this with the continuing growth and acceptance of F/OSS. Even the U.S. Navy has formally announced a serious look into F/OSS. Governments are turning to F/OSS, Lenovo has a viable PC business in the fastest growing economy in the world at present - China (aka PRC) and IBM is sitting in the catbird seat to provide middleware and aid development.

    M$ is finding that the status quo is not being accepted wholesale and many former allies are looking to vet their markets by giving serious thought to F/OSS and Linux - this continues to threaten M$ and they're running out of options for FUD. Not many people believe the FUD M$ spews - at least not anywhere near the numbers they used to.

    Look, let's face it. M$ is going to attempt, at every opportunity, to smear the perception that F/OSS and Linux are inferior and uncapable. Anyone that has ever read any comments I have posted on /. knows they I'm a stanch F/OSS and Linux advocate. So, in all honesty - Linux has a fair distance to go to realize its full potential. But giving the time and amount of progress F/OSS and Linux has made, they community has done a stellar job IMHO. And the bigboys in Redmond know this all too well - they're not stupid - just suffering form a monoculture and denial.

    So expect more of the same from such as ADTI - they were paid and therefore must produce something anti-Linux. The only thing that I find well.., pathetic, is that ADTI claims are on the edge of being out and out ridiculous. And in my mind that goes to show just how desparate M$ is getting. M$ viewed F/OSS and Linux as a developers play toy and a non-starter. Now that this is clearly not the case M$ has for the last few years been on a FUD campaign. The "Open Source As Legal Time Bomb" stance is just another tactic along the same lines as the SCOX(E) attempt to thwart the growth of F/OSS and Linux - The is the "F" in FUD - its main focus is FEAR. M$ is the one that's feeling the fear - and uncertainty and doubt are growing in the ranks of Redmond and their likely to be former clientele.

  164. Re:This whole thing is ludicrous by Hognoxious · · Score: 1
    enjoy the seizure-like movement of his flag gif.
    Totally. It moves like a bag with something (or things) fucking inside it.
    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  165. Enough FUD to build a F'Adobe House. by Scallawag · · Score: 1

    Delay tactics for longhorn release.

    Lame part is that it works.

    All the world is a stage, indeed.

    --
    Getting old fast, Shit!
  166. Re:Typo #2 by Anonymous Coward · · Score: 0

    Linus Torvalds

    GNU/ Linus Torvalds