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MS-DOS Not Stolen, New Forensic Analysis Concludes

theodp writes "Challenging earlier assertions that Bill Gates got the rewards due Gary Kildall, a forensic analysis conducted for the latest issue of IEEE Spectrum concludes that the landmark MS-DOS operating system which Bill Gates and Microsoft licensed to IBM was an original piece of work, not stolen goods. Using his company's CodeSuite forensic software, Bob Zeidman said he found no evidence that QDOS or MS-DOS was copied from or was a derivative of Gary Kildall's CP/M. So, what do you think of Microsoft expert witness (pdf) Zeidman's "if-the-codebase-doesn't-fit-you-must-acquit" arguments?"

286 comments

  1. meh by kelemvor4 · · Score: 5, Insightful

    I think it's interesting only as a matter of curiosity at this point.

    1. Re:meh by Anonymous Coward · · Score: 1

      Me too, until I noticed the part about CodeSuite, and the article being written by a guy that works for the company that makes CodeSuite.

      Buy CodeSuite! It solved a thousand year old mystery. It could solve your problem too, assuming you problem is the need to show you didn't steal code.

    2. Re:meh by jellomizer · · Score: 4, Insightful

      So MS-DOS is to QDOS and CP/M.
      As GNU/Linux is to Unix and Multics.

       

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:meh by Anonymous Coward · · Score: 5, Informative

      I don't think so.

      Microsoft did purchase Qdos, and there are direct correlations between qdos and msdos. What the article asserted was that there is no cp/m in qdos, nor is there any cp/m in msdos. There certainly is plenty of qdos in msdos.

    4. Re:meh by mcgrew · · Score: 4, Funny

      I think it's interesting only as a matter of curiosity at this point.

      I really doubt that NASA's computers are running IBM-DOS 1.0...

    5. Re:meh by Jeremiah+Cornelius · · Score: 3, Insightful

      No one ever thought there was DOS code swiped from CPM.

      What we KNEW is that Gates lied about having an OS ready to IBM, knowing of QDOS - and subsequently swindled QDOS from its creator, to fulfill his contract with IBM.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    6. Re:meh by PRMan · · Score: 5, Insightful

      He didn't even swindle it. Microsoft paid for it outright, source code and all license rights. So it really doesn't matter if it was exactly the same. It's not Gates' fault that the other guy didn't have a buyer like IBM waiting.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    7. Re:meh by davydagger · · Score: 1

      there is no UNIX code in linux or modern BSD derivatives which came from BSD 4.4

    8. Re:meh by Petron · · Score: 2

      Microsoft did purchase Qdos...

      purchase != steal

      It's fine if MSDOS contains parts of QDOS if Microsoft bought QDOS. The original authors got paid. Now if we consider the price paid to be fair is another story... But that doesn't matter, all that matters is did the author think it was a fair price at the time, and did he willingly accept it? In hindsight, of course he should have gotten more, but that is always the risk when you sell your IP...

      --
      if (it != oneThing) it = another;
    9. Re:meh by Anonymous Coward · · Score: 4, Interesting

      What we KNEW is that Gates lied about having an OS ready to IBM, knowing of QDOS

      Why are people so angry that Microsoft fulfilled a promise that it made? Gates said something to the effect of "I can get an OS just give me a few days" and that's exactly what he did. What's the problem? At least he followed through. How's HURD coming along?

      and subsequently swindled QDOS from its creator, to fulfill his contract with IBM.

      Swindled, lol. Let's be real, without Gates, Patterson would not have made money, not even the initial ~$100k he got from Microsoft, and no one would have ever heard of him. Yeah, Microsoft made a ton of money off the product by they also invested in it beyond the buyout and shouldered a ton of risk.

    10. Re:meh by Jeremiah+Cornelius · · Score: 2, Insightful

      Bought it from a "friend". Already had IBM lined up as a customer. Didn't even buy his friend's "company".

      Now nothing was illegal - but my god. What a complete lack of any decent human characteristic.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    11. Re:meh by Anonymous Coward · · Score: 1

      The underhanded part is where Gates had only *licensed* QDOS, then paid the creator to make all of the changes IBM wanted, and only THEN bought it so that they could screw the guy out of the millions. Gates took all of the reward and none of the risk/work. That made him a great businessman, and a horrible human being.

    12. Re:meh by bill_mcgonigle · · Score: 1

      No one ever thought there was DOS code swiped from CPM.

      Yeah, this story puzzled me for this reason as well. Oh, well, I guess the new formula is:

      1) create strawman
      2) disprove it with software
      3) profit?

      --
      My God, it's Full of Source!
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    13. Re:meh by jcadam · · Score: 1

      So if I'm hired, either on a contract basis or as an employee, to write a software application for someone else and that person takes the product of my labor (for which he paid and owns the copyright) and makes millions with it, how did I get screwed?

    14. Re:meh by Anonymous Coward · · Score: 0

      Nah dog haven't you ever heard of the "ghost of Kildall past" story where if you type some secret sauce commands into DOS Kildall's name appears on the screen? I know. It's the same exact setup as those YouTube chain comments but apparently people you'd consider reasonably smart fell for it in the 80s, too.

    15. Re:meh by Anonymous Coward · · Score: 0

      No. QDOS is to CP/M as GNU is to Unix. MS-DOS is to Q-DOS as Linux is to Freax :)

    16. Re:meh by bill_mcgonigle · · Score: 5, Interesting

      Now nothing was illegal - but my god. What a complete lack of any decent human characteristic.

      I'm no Bill Gates fan, but that's a hard case to make. He had information that both IBM and Brock lacked, and without that information, Brock might never have made any money on the product. There's no denying that his mother's connections to IBM folks made that happen for him, but he was the essential link in the chain (even if not a very talented one). It's those essential connections where profit happens.

      Gates gave SCP a decent payday (explicitly an acceptable price to Brock) and then gave Patterson a job three times, and bought Patterson's company from him. Heck, Patterson was such an early Microsoft employee that he could have made (did make?) a killing on its stock. SCP made healthy independent profits riding on the coattails of Microsoft's IBM-PC success, but then sued them for more profits, which only wound up in a settlement. Since we're judging all this in hindsight, Brock would have been better off joining Microsoft with Patterson if he wanted to share in its profits.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    17. Re:meh by Anne+Thwacks · · Score: 1
      The real question is "Why did IBM even think Bill gates, a schoolboy at the time, might have an OS worth actually paying for without seeing it first, and why did they sign the most stupid license agreement since records began, if there was no corruption involved?"

      Disclaimer: My employers at the time had a much better OS, (with a high level of compatibility with Intel's ISIS (I know because I dis-assembled virtually the whole of ISIS to achieve this)) but failed to even try to sell it "Because no one would buy a British OS!"

      --
      Sent from my ASR33 using ASCII
    18. Re:meh by wolrahnaes · · Score: 1

      Disclaimer: My employers at the time had a much better OS, (with a high level of compatibility with Intel's ISIS (I know because I dis-assembled virtually the whole of ISIS to achieve this)) but failed to even try to sell it "Because no one would buy a British OS!"

      I think Lucas electrics pretty much ruined the rest of the world's perception of anything you guys do that remotely involves electricity.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    19. Re:meh by hairyfeet · · Score: 1

      Personally I thought it was obvious that it wasn't a forgery myself. lets face it CP/M wasn't this huge complex pile of code, the hardware that it was designed to run on was pretty simple and reverse engineering something like that so it would run on the Intel CPU? probably wasn't that hard.

      A better question would probably be if any of VMS ended up in that first edition of WinNT since Cutler designed both but that would be harder to figure out since Cutler did design both and his programming style most likely didn't change so one could expect him to implement calls and functions in a similar manner.

      Of course in the end the whole thing is moot anyway. By the time the dust settled all that was left was MSFT and APPL, everyone else from GEM to BeOS, OS/2 to Amiga for better or worse have gone to that great dump in the sky. Bitching about it now one way or the other sure as hell ain't gonna change anything anyway.

      --
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    20. Re:meh by crovira · · Score: 1

      MS DOS was built on the bones of QDOS which was acquired for that very purpose by Microsoft.

      This was Microsoft's first foray into a non-intel/z80 architecture DOS and it thought it was faster and easier to acquire an existing DOS than to develop their own for the IBM PC. Time was a big factor as IBM had clout in the enterprise hardware market then.

      This was never in question.

      Who was the ignorant idiot who filed the lawsuit?

      --
      MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
    21. Re:meh by kimvette · · Score: 1

      I wish I had mod points today. Remember the joke about classic Jaguars? The headlight switch has three settings: off, dim, and flicker.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    22. Re:meh by Anonymous Coward · · Score: 0

      Yes this has been known for over three decades. Micro Soft was a company selling BASIC. And your point?

      Oh that's right, you weren't there, you were probably crapping in your hands and rubbing in on your face when the rest of us now entering retirement were creating modern technology you take for granted. But you feel competent enough to comment on it as an authority.

    23. Re:meh by Anonymous Coward · · Score: 0

      So MS-DOS is to QDOS and CP/M.
      As GNU/Linux is to Unix and Multics.

      Unfortunately your analogy breaks down, as Multics was superior to unix and, in many ways, has never been surpassed.

      I still miss it.

    24. Re:meh by crrkrieger · · Score: 1

      The real question is "Why did IBM even think Bill gates, a schoolboy at the time, might have an OS worth actually paying for without seeing it first, and why did they sign the most stupid license agreement since records began, if there was no corruption involved?"

      IBM signed the license agreement because of an old antitrust lawsuit regarding the bundling of their OS with their hardware (mainframes at the time). Had they done otherwise, they would have opened up a whole new can of worms. Besides, this was back in the days when people thought the real money was in hardware.

    25. Re:meh by datavirtue · · Score: 1

      It was obviously a copy of the specification.

      --
      I object to power without constructive purpose. --Spock
    26. Re:meh by datavirtue · · Score: 1

      Yeah, reading Paul Allen's (polar opposite of Gates) recount of history shows a complete lack of good faith or good will in any of Bill's business or non-business dealings. I know, I know, malaria. He is a schmuck, nonetheless...we've all established this already.

      --
      I object to power without constructive purpose. --Spock
    27. Re:meh by Bob+the+Super+Hamste · · Score: 2

      Q: Why do the British drink warm beer?
      A: Because Lucas Electric makes refrigerators

      --
      Time to offend someone
    28. Re:meh by Anonymous Coward · · Score: 0

      The real question is "Why did IBM even think Bill gates, a schoolboy at the time, might have an OS worth actually paying for without seeing it first

      That is not an accurate portrayal of Microsoft at the time. Gates dropped out of college five years prior and was in his mid-20s when dealing with IBM. Microsoft had a superstar product in BASIC and released XENIX while in negotiations with IBM. Any way you slice it, Microsoft was for sure a "real" company by the time IBM came around, not as legit as Digital Research probably, but the next best thing, especially after the DR breakdown.

      Furthermore, IBM did not pay without seeing it first. Contrary to urban legend, IBM did not simply slap on QDOS and call it a day. In fact, they micromanaged the completion of 86-DOS by requiring from Microsoft daily reports and accepting daily change requests (demands). Development continued for 8 months before a product was released.

    29. Re:meh by datavirtue · · Score: 1

      ....opens google window and installs DOS...

      --
      I object to power without constructive purpose. --Spock
    30. Re:meh by Anonymous Coward · · Score: 0

      I have no comment on the corruption question (except that I don't think IBM had any idea what they were inventing), but it's not like MicroSoft (as they called themselves at the time) didn't have any actual products. They had provided the BASIC for the TRS-80 line (and I think the later TRS-DOS operating system as well), which crappy or not was the most successful PC in the US before IBM set the standard. So they at least had some track record.

      Regarding the CP/M question, is the real allegation that Patterson (and by extension Gates) copied CP/M, or that their pricing undercut what Kildall had IBM charge for PC's with CP/M included? Because IIRC, the original PC offered PC-DOS, CP/M, and one other OS as buyer options, but PC-DOS was the cheapest and therefore became the most popular.

    31. Re:meh by datavirtue · · Score: 1

      I keep picturing Q-Bert. Is something wrong with me? Whenever I see "Bing" the I hear Ross yelling, "I'm on sabbatical!" Maybe I need a vacation....I do.

      --
      I object to power without constructive purpose. --Spock
    32. Re:meh by datavirtue · · Score: 1

      Microsoft paid like 100 million to settle the VMS thing.

      --
      I object to power without constructive purpose. --Spock
    33. Re:meh by nukenerd · · Score: 1

      Indeed. This is the first time I ever heard a suggestion that it was stolen from CP/M.

      Gates gave IBM the impression that he had an OS of his own making to hand, so IBM gave him the contact to supply it for their new PC. In fact Gates had no such OS, but then bought QDOS from Seatle Computing - for peanuts compared with what he got from IBM - and ported it to the IBM PC. The deals were legal but shady (setting the pattern for future MS behavour) and Seatle successfully sued MS afterwards.

      Gates mislead both IBM and Seatle Computing.

    34. Re:meh by nukenerd · · Score: 1

      Microsoft did purchase Qdos...

      purchase != steal

      The GP did not say purchase = steal. He said "there certainly is plenty of qdos in msdos", and he is stating a fact, at least for the early MSDOS versions.

      Gates bought QDOS, ported it to the IBM PC, renaming it MS DOS.

      What was the question again?

    35. Re:meh by Jeremiah+Cornelius · · Score: 1

      PDP 11/70 creds, over here!

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    36. Re:meh by Anonymous Coward · · Score: 0

      There's no denying that his mother's connections to IBM folks made that happen for him, but he was the essential link in the chain (even if not a very talented one).

      The importance of that is probably blown way out of proportion by Microsoft Derangement Syndrome sufferers.

      Bill Gates had something IBM needed - the 'standard' microcomputer BASIC, as well as FORTRAN and some other stuff. They also originally thought he sold CP/M. (Because Apple CP/M was being resold by MS.) IBM was going to deal with Microsoft regardless of who his mother is.

      If you want to complain about unfair, Microsoft was funded by Gates' rich parents.

    37. Re:meh by Anonymous Coward · · Score: 0

      Perhaps it had something to do with Gate's mother being on IBM's board of directors...and that's how you get high level folks at a huge corp to even talk to a schoolboy.

    38. Re:meh by sjames · · Score: 1

      I think it's mostly people upset about the crazy claims of meritocracy. The fact is, MS got big because Gates was in the right place at the right time and knew the right people, no more and no less. Flip a coin and Gates is never heard of and some other company gets big.

    39. Re:meh by bws111 · · Score: 1

      For the same reason that IBM used another company's processor, off-the-shelf components, and didn't protect any of their stuff. They did not expect it to be successful.

      Claiming 'corruption' is just idiotic.

    40. Re:meh by Anonymous Coward · · Score: 0

      Microsoft Basic. In 1975, Gates and Allen had a Basic interpreter that was widely used by microcomputer hobbyists.

    41. Re:meh by MBC1977 · · Score: 1

      And what "decent human characteristic" did Gates lack with this, pray tell?

      There was nothing 'immoral' or 'illegal' about the transaction. In fact, Gates DID attempt to get the two parties to meet; Kidall decided to go flying, not understanding (or caring) about the significance of the importance of the meeting Gates setup. If you want to talk about decent human characteristics, Gates did more than most businessman would have. He could have outright just purchased QDOS and not even mentioned it to Kidall.

      This isn't like the stock market, where having what could arguably considered "inside" information is illegal. No court in the planet would convict on this. I respect your personal views, but nobody said business was nice.

      --
      Regards,

      MBC1977,
    42. Re:meh by Jeremiah+Cornelius · · Score: 1

      Kildall was not a party to this. IBM had separate attempted agreements with Digital Research - to which Gates was not party.

      BTW, I lived a few doors down from DR's office in an old Victorian house - it had formerly housed my dentist. All of these things are curiously close to me.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    43. Re:meh by westlake · · Score: 3

      There's no denying that his mother's connections to IBM folks made that happen for him

      Grow up.

      Microsoft was selling microcomputer BASIC to the Fortune 500 in 1975. By 1980 it had a full suite of languages ready for porting to the 16 bit micro --- MBASIC, FORTRAN, COBOL, PASCAL, and, I believe an assembler.

      The Z-80 Softcard for the Apple II would became the primary distribution channel for CP/M.

      By any standard, the SoftCard was a hugely successful and highly visible product.

      In XENIX Microsoft had a plausible entrant in the *NIX market.

      MBASIC was an industrial award-winner as the first million-dollar bestseller for the microcomputer.

      A company on the move. Willing to take chances. Willing to cut a deal. None of this could possibly have passed unnoticed by the small, quick and agile IBM PC development team.

    44. Re:meh by westlake · · Score: 2

      The real question is "Why did IBM even think Bill gates, a schoolboy at the time, might have an OS worth actually paying for without seeing it first.

      Because Microsoft in 1980 was a prime developer of programming languages for the microcomputer?

      Because MBASIC had become virtually synonymous with the eight-bit micro? Because it had a viable candidate for the *NIX market in XENIX? Because it had a red hot seller in the hardware market with the Z-80 SoftCard for the Apple II?

      Because in five years it had gone from a two or three man company with revenues of $22,000 to a company with forty employees and revenues of $7.5 million?

    45. Re:meh by bill_mcgonigle · · Score: 2

      Grow up.

      Accept reality.

      In 1980, she discussed with John Opel, a fellow committee member who was the chairman of the International Business Machines Corporation," her son's company. "Mr. Opel, by some accounts, mentioned Mrs. Gates to other I.B.M. executives. A few weeks later, I.B.M. took a chance by hiring Microsoft, then a small software firm, to develop an operating system for its first personal computer."

      laundry list of Microsoft products

      Yep - IBM never would have done the deal if Microsoft hadn't been a growing, successful company. Both were required. And if that IBM contract had been written differently history would also have taken a different track.

      Being competent and being lucky aren't mutually exclusive.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    46. Re:meh by westlake · · Score: 1

      There's no denying that his mother's connections to IBM folks made that happen for him,

      Forget Gate's Mom.

      Remember how big Microsoft had become in the CP/M era?

      In programming languages.

      MBASIC. FORTAN. COBOL and PASCAL.

      MBASIC was the first million dollar best seller on the microcomputer platform. The killer app that united the all-but-hopelessly fragmented world of the eight bit micro.

      In hardware.

      The Z-80 SoftCard for the Apple II.

      Microsoft sold more copies of CP/M for the Apple II market then Digital Research sold in every other market combined,

    47. Re:meh by Anonymous Coward · · Score: 0

      What was it -- $10k? -- for what he'd said was a weekend's work?

      Hence the name: Quick & Dirty Operating System, or QDOS.

      Gates could have written his own OS in a few days (if the other guy had), but was in a hurry (after his pledge to Jack Sams at IBM that he did have an OS). And QDOS worked "fine."

      So...?

      Not bad for a weekend's work.

    48. Re:meh by bill_mcgonigle · · Score: 1

      Yeah, there's no denying that Microsoft Basic and the SoftCard were great hits. I think their Pascal came in after the IBM deal and the COBOL and FORTRAN (and assembler) didn't sell much.

      That success may have cemented the deal, but it didn't create the introduction. They're just two separate and necessary ingredients.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    49. Re:meh by RockDoctor · · Score: 1
      That does indeed sound as if your god is lacking in any decent human characteristic. Which is pretty normal for gods, them not being human.

      Does she at least have big tits, or suck well?

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  2. Alternatively... by DWMorse · · Score: 5, Funny

    Using his company's CodeSuite forensic software,

    Alternate summary: CodeSuite found not to work as forensic software!

    --
    There's a spot in User Info for World of Warcraft account names? Really?
    1. Re:Alternatively... by rvw · · Score: 5, Funny

      Using his company's CodeSuite forensic software,

      Alternate summary: CodeSuite found not to work as forensic software!

      Alternate headline: Microsoft acquires new research software suite

    2. Re:Alternatively... by Colonel+Korn · · Score: 4, Insightful

      Using his company's CodeSuite forensic software,

      Alternate summary: CodeSuite found not to work as forensic software!

      Or in other words, "If evidence disagrees with my irrational prejudice, evidence must be wrong!"

      --
      "I zero-index my hamsters" - Willtor (147206)
    3. Re:Alternatively... by the_B0fh · · Score: 4, Insightful

      Did Bill Gates pay $50k for QDOS? Or did he not? It's pretty simple...

      If he did, it wasn't stolen, he owns it.

    4. Re:Alternatively... by fatboy · · Score: 2

      That's they way I recall it being presented in Steven Levy's hackers. (But it's been like 20 years since I read that book)

      --
      --fatboy
    5. Re:Alternatively... by squiggleslash · · Score: 5, Interesting

      More likely CodeSuite is right.

      I know everyone wants to believe the story that a devious Bill Gates simply changed the copyright message on a copy of CP/M and re-released it, but there are numerous issues with the story:

      - CP/M is tiny. Really, really, small. And has a well documented API. Anyone conversant in 808x assembler can put together a clone in a matter of days. This isn't an academic statement, I put together one myself for a A Level Computer Science course in the 1980s when I wrote a "CP/M emulator" for the Sinclair QL as my final project. (Appropriately the Sinclair QL's native operating system is also called QDOS. Go figure.)

      - QDOS wasn't even a direct clone. The largest - or at least most complex - component of CP/M is the file system - almost everything else is an almost 1:1 call to a BIOS routine. And QDOS didn't have CP/M's file system - it used FAT, not the somewhat inefficient CP/M system which, IIRC, required scanning the entire directory to determine where the free sectors were. So even if someone had started off with a copy of CP/M and directly ported it, 90% of it or more would have had to be rewritten to produce QDOS.

      The stories of Gary Kildall typing in some obscure set of keystrokes causing a copy of PC DOS to announce that it was actually CP/M - haha! - always struck me as improbable, and the fact they only appeared in dubious sources several years after this had supposedly happened makes me think the stories are outright fabrications. That doesn't mean there weren't potential copyright issues, and I suspect most of the stories of IBM somehow settling with DR over the similarities have some elements of truth - but this is because this was the early eighties, the era of Pacman lawsuits, to be followed a few years later by Apple's infamous look and feel suits against DR and Microsoft/HP.

      In terms of actual code being copied however - no. It would, arguably, have taken more work to translate CP/M into 8086 assembler and then make all of the changes necessary to turn it into QDOS than it would to write QDOS from scratch. QDOS had a similar API, and a similar but not identical shell. Otherwise it wasn't remotely similar.

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:Alternatively... by Anonymous Coward · · Score: 1

      Did Bill Gates pay $50k for QDOS? Or did he not? It's pretty simple...

      If he did, it wasn't stolen, he owns it.

      Yes, Microsoft did buy all rights to 86-DOS. (formerly known as QDOS). SCP later claimed that they wouldn't have sold it as cheap if they've known about Microsofts deal with IBM and pending launch of the IBM PC (asinine claim but they got a settlement to go away)

    7. Re:Alternatively... by Joce640k · · Score: 4, Informative

      This.

      CP/M is a very simple beast. It's laughable to think that anybody would go to the effort of disassembling it to find out how it worked then rewriting it function-for-function in 8086 assembly code. changing the file system as you go.

      It would be much less work to just read the CP/M docs then write your own little OS using the ideas gleaned. I doubt he even did that. There was no magic in CP/M even way back then and MS-DOS isn't all that similar to it.

      --
      No sig today...
    8. Re:Alternatively... by terjeber · · Score: 5, Informative

      More likely CodeSuite is right

      More likely, people haven't understood the original dispute. Did QDOS steal lines of code from CP/M? Most likely not, but nobody ever claimed it did. Was it a rip-off of CP/M? Absolutely. QDOS implemented calls identically to CP/M with the specific aim of being as close to CP/M as possible. In other words, as Patterson him self said, he read through Kildalls manual and tried to create something that functioned identically.

      As you point out however, he did a much better job on the FS, which is both to be commended, and also should be added on the "it was not a rip-off" side. DOS was an interrupt handler, and not much more though. As an interrupt handler it clearly "ripped off" CP/M to the point of being almost identical. However, not by stealing code. No stealing of code would have been needed (as you say) and that has never been asserted either. Not by the parties involved.

    9. Re:Alternatively... by Anonymous Coward · · Score: 2, Insightful

      If you're so in-the-know why don't you present your own review of the situation and let us know what your evidence is, genius. I'm not going to hold my breath on that one.

    10. Re:Alternatively... by Anonymous Coward · · Score: 0

      More like that guy is an asshole "refuting" a claim that wasn't the point: Nobody involved claim{s,ed} the actual code was stolen. The rest of his claims turn out to have already been debunked before he's even made them by someone with access to much better material and a better writing hand.

    11. Re:Alternatively... by mwvdlee · · Score: 5, Insightful

      but this is because this was the early eighties, the era of Pacman lawsuits, to be followed a few years later by Apple's infamous look and feel suits against DR and Microsoft/HP.

      Oh how the times have changed.

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    12. Re:Alternatively... by jareth-0205 · · Score: 4, Interesting

      Was it a rip-off of CP/M? Absolutely. QDOS implemented calls identically to CP/M with the specific aim of being as close to CP/M as possible. In other words, as Patterson him self said, he read through Kildalls manual and tried to create something that functioned identically.

      And also (as finally confirmed in the Google-Oracle case) copying an API is a perfectly reasonable thing to do.

    13. Re:Alternatively... by DCFusor · · Score: 0, Troll

      You don't recall correctly. I knew Gary, and had a copy of the source - it came with the dev system for intel microprocessors we used in the beltway bandit Ensco. It used something that was later called FAT, it did NOT need to scan the whole disk to put a filesystem together - couldn't, not enough ram in things like Xerox 820s and Kaypros to do that (would have been faster, though). I know these things as I built SSD (dram) drives for those back in the day, and had to rewrite the floppy driver to deal with that. Mostly used the bios? True - so did Dos, and strangely, both used the same int to get to it, or their wrapper over it. Far too many identical API's to think anything but that DOS was heavily copied in spirit at least, from CP/M, To move from Z80 to x80 was a trivial recompilation of the ASM, fixing only a couple errors where special Z80 instructions were used - I've done it, I know. Just like DOS, CPM wasn't re-entrant and didn't support threads, though I spent hours arguing with Gary on the phone about how easy it would be to do that - think how different the world would be had he listened. The fact remains that he did die conveniently in a plane crash just after failing to come to terms with MS. Handy, that, since yes, a heck of a lot of dos was virtually line for line copied from CP/M. It had to be to implement the very same API and still be tight - Gary was a good coder (and rock-headed, sadly). DOS simply added a few more built-ins. Basically, it was the same thing. At that level, yes, it's hard to see how it would have been otherwise, it was all pretty simple, and yes, I've written better opsys than those for my embedded work, including as the poster above mentions, a filesystem that DID need to read all flash to avoid write amplification with FAT type tables in flash - but that was for a machine that had a meg of ram (TMS320C31) and plenty of rom, which only had to boot maybe every couple of years (power failure only), so the extra boot time wasn't an issue. I was there, I know what went down. Microsoft's insistence that everyone else was a pirate was pure projection (ask a psychologist if you don't know what I mean here). They dumpster-dived to help them get their original basic as well - Honeywell...all they did was rewrite a reverse engineered version. But we live in a world where entire governments are the slaves of big money - I know that too, and them with the gold makes the rules...So I don't expect any truth to matter to any outcome here.

      --
      Why guess when you can know? Measure!
    14. Re:Alternatively... by Dcnjoe60 · · Score: 3, Insightful

      This.

      CP/M is a very simple beast. It's laughable to think that anybody would go to the effort of disassembling it to find out how it worked then rewriting it function-for-function in 8086 assembly code. changing the file system as you go.

      It would be much less work to just read the CP/M docs then write your own little OS using the ideas gleaned. I doubt he even did that. There was no magic in CP/M even way back then and MS-DOS isn't all that similar to it.

      Luckily there weren't the crazy software patents of today back then.

    15. Re:Alternatively... by squiggleslash · · Score: 5, Informative

      It used something that was later called FAT,

      I'm about 90% sure you're wrong on this. CP/M's file system doesn't really resemble FAT at a low level. FAT actually originated as the file system implemented by Microsoft's early stand-alone BASIC implementations.

      CP/M's file system was extremely crude, being comprised largely of a single table containing the directory, with the rest of the disk containing the data. Each directory entry contained pointers to up to 16 blocks, if a file contained more than that it had to have multiple directory entries.

      FAT has multiple tablers, and FAT's system is, ultimately, based upon chains of clusters, and the directories simply point at the starting cluster, with the information about the groups of clusters themselves stored in a separate table (the actual FAT.)

      They're both hideous, but they're not remotely similar.

      did NOT need to scan the whole disk to put a filesystem together

      I never said anything remotely similar.

      What I said, which I believe is true, is that CP/M had to read the whole directory to find out what parts of the disk were empty. Many of the optimizations that occurred between 1.3 and 2.x were to address this specific issue.

      --
      You are not alone. This is not normal. None of this is normal.
    16. Re:Alternatively... by slew · · Score: 1

      ...As an interrupt handler it clearly "ripped off" CP/M to the point of being almost identical....

      Apparently it was made identical for the purpose of allowing Qdos to reuse Intel's CP/M-8 to CP/M-16 conversion scheme... From here... http://dosmandrivel.blogspot.com/

      My hope was that by making it as easy as possible to port existing 8-bit applications to our 16-bit computer...
      Intel had defined rules for translating 8-bit programs into 16-bit programs; CP/M translation compatibility means that when a program's request to CP/M went through the translation, it would become an equivalent request to DOS...
      So I made CP/M translation compatibility a fundamental design goal. This required me to create a very specific Application Program Interface that implemented the translation compatibility.

      Even back then... Developers, Developers, Developers... ;^)

    17. Re:Alternatively... by daid303 · · Score: 2

      Same way Wine rips off Windows then.

    18. Re:Alternatively... by afidel · · Score: 4, Insightful

      Well of course they wouldn't have sold the product as cheaply if they had material knowledge of a pending deal the buyer had, but unless there was some disclosure requirement in the purchase agreement then they should have been told to GTFO.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    19. Re:Alternatively... by squiggleslash · · Score: 1

      Jerry Pournelle, former Byte columnist, original Internet Kook (seriously, Google for it) and writer of pulp-scifi made the claim I disputed that Kildall actually demonstrated a hidden secret key sequence that causes PC DOS to claim it's ripped off CP/M code. (Start here: http://en.wikipedia.org/wiki/86-DOS#cite_ref-1)

      Like I said, I think it's crap, but it's simply not true that nobody has ever claimed that 86-DOS didn't steal code from CP/M. And much as I don't take Pournelle seriously, I can't ignore the fact many do.

      --
      You are not alone. This is not normal. None of this is normal.
    20. Re:Alternatively... by Anonymous Coward · · Score: 2, Insightful

      Gary Kildall died of a brain aneurysm, probably from a tumble down the stairs, though he was an avid pilot. He lived a lot longer after the CP/M debacle and eventually became wealthy after selling Digital Research for millions. You are obviously FOS.

    21. Re:Alternatively... by westlake · · Score: 1

      QDOS implemented calls identically to CP/M with the specific aim of being as close to CP/M as possible.

      CP/M 86's path to market can be described as glacial.

      That is what made the 16 bit CP/M clone the Holy Grail for anyone looking at the potential market for the 8086.

    22. Re:Alternatively... by MightyMartian · · Score: 1

      And Dalvik rips off Java.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    23. Re:Alternatively... by MightyMartian · · Score: 2

      Jerry Pournelle is a seriously demented guy. I popped on to his blog last week where he and some equally daft people were insisting Special Relativity was wrong and that he still felt there was validity in the ether theory. No seriously, this guy (who did write some good military-themed SF back in the day), rejects much of 20th century physics in favor of a debunked classical theory that everyone knew had serious problems decades before Einstein came on the scene.

      He's pretty much an Internet crank now.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    24. Re:Alternatively... by twmcneil · · Score: 1

      The fact remains that he did die conveniently in a plane crash

      Epic Fail Dude.

      --
      "The ferrets, they're every where I tell you!"
    25. Re:Alternatively... by jedidiah · · Score: 1

      That may be true. However, it doesn't necessarily mean that DOS was CP/M. It could also mean that DOS was meant to be CP/M compatible and tried it's best to look like the real thing.

      This could have simply been an original goal of QDOS.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    26. Re:Alternatively... by fahrbot-bot · · Score: 1

      Anyone conversant in 808x assembler can put together a clone in a matter of days. This isn't an academic statement, I put together one myself for a A Level Computer Science course in the 1980s when I wrote a "CP/M emulator" for the Sinclair QL as my final project. [emphasis mine]

      Of course, that's an academic statement of another sort. :-)

      --
      It must have been something you assimilated. . . .
    27. Re:Alternatively... by squiggleslash · · Score: 2

      I just saw this image on his home page, for the love of... why did Byte consider him a technology columnist again?

      --
      You are not alone. This is not normal. None of this is normal.
    28. Re:Alternatively... by terjeber · · Score: 1

      When I said "nobody" I should have specified, "involved in the case". Pournelle had a severe marble deficiency.

    29. Re:Alternatively... by Anonymous Coward · · Score: 0

      Note that SCP also had unlimited rights to all later versions of MS-DOS. This became an issue later when they tried to sell those rights to a larger manufacturer. MS sued them and eventually bought out SCP for some $$$.

    30. Re:Alternatively... by terjeber · · Score: 1

      Hence, the "ripped-off" claim, not the "stole copyrighted stuff" claim.

    31. Re:Alternatively... by terjeber · · Score: 1

      Yes. But then again, "ripping off" is basically part of the spec for Wine. Right?

    32. Re:Alternatively... by terjeber · · Score: 1

      Yes, it is. Doesn't mean it isn't a rip-off. That is basically the very definition of a "rip-off" used in such a context.

    33. Re:Alternatively... by Anonymous Coward · · Score: 0

      How did this total nonsense get to and stay at +5?

    34. Re:Alternatively... by cryptizard · · Score: 1

      Same way Minix was a rip-off of Unix?

    35. Re:Alternatively... by Hatta · · Score: 1

      It would be much less work to just read the CP/M docs then write your own little OS using the ideas gleaned.

      Which was common back in the day. IIRC Woz wrote the Apple BASIC from an HP BASIC manual, just reimplementing every command.

      --
      Give me Classic Slashdot or give me death!
    36. Re:Alternatively... by Anonymous Coward · · Score: 0

      I was one of Gary's graduate students and had access to all the early code (before DR) and worked extensively with Seattle Computer's product. Too much of the assembled code was identical for Seattle Computer's code to be original. I asked a friend at DR at the time and she told me that they knew about it but didn't feel it was worth going after Seattle Computer.

    37. Re:Alternatively... by TheSync · · Score: 1

      From here,:

      A CP/M system has only one directory, which contains fixed-size (32-byte) entries. The directory size, although fixed for a given implementation, may be different in other implementations of CP/M All files in the system are listed in this directory. After CP/M boots, it reads in the directory and computes a bitmap containing the free disk blocks by seeing which blocks are not in any file. This bitmap, which is only 23 bytes for a 180-KB disk, is kept in memory during execution. At system shutdown time it is discarded, that is, not written back to the disk. This approach eliminates the need for a disk consistency checker (like fsck) and saves 1 block on the disk (percentually equivalent to saving 90 MB on a modern 16-GB disk).

    38. Re:Alternatively... by operagost · · Score: 1

      That's called "reverse engineering", and it's the concept that allowed Compaq to build the first IBM clone.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    39. Re:Alternatively... by operagost · · Score: 1

      Who are the morons who modded this up, when DCFusor couldn't even get the circumstances of Kildall's death right? He died in 1994 IN A BIKER BAR, which was neither a "plane crash" nor "just after failing to come to terms with MS". THIS IS A TROLL; Netcraft confirms it.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    40. Re:Alternatively... by terjeber · · Score: 0

      Also known as ripping off.

    41. Re:Alternatively... by terjeber · · Score: 1

      Yes. That is generally the way the term is used (unless talking about a financial transaction).

    42. Re:Alternatively... by shutdown+-p+now · · Score: 1

      QDOS was a rip-off of CP/M in the same exact way as Linux was a rip-off of Unix - a completely new codebase, but providing very similar userspace API to maximize portability.

    43. Re:Alternatively... by Anonymous Coward · · Score: 0

      This isn't an academic statement, I put together one myself for a A Level Computer Science course in the 1980s

      A statement about your academic courier isn't an academic statement. Very interesting.

    44. Re:Alternatively... by Anonymous Coward · · Score: 1

      and CP/M was a rip-off of ISIS, which also has the same identical calls.

    45. Re:Alternatively... by darue · · Score: 1

      but you're wrong too, he didn't die IN the bar

    46. Re:Alternatively... by Anonymous Coward · · Score: 0

      > more work to translate CP/M into 8086 assembler

      You seem to not know several relevant factors:

      Both SCP and Microsoft were full DRI OEMs and had all source code to products that DRI would release, granted this did not include source to the BDOS.

      There were 'annotated disassemblers' available that would produce assembler listings from the binary BDOS file. In fact reading the BDOS was only necessary to avoid copyright issues. The assembler code was easy to produce from a simple disaasembler but the annotations were hand coded inside the disassembler and triggered by the code.

      Intel had a range of development tools including an 8085 to 8086 translator.

      QDOS was originally used to develop a line of 8086 processor cards for the Zebra range of CP/M based S100 systems. It was necessary to build the bootable disk image using CP/M running on an 8085 or Z80 card, swap the processor card to an 8086 and then boot the system. This required QDOS to use the CP/M formatted disk.

      Later, when Microsoft became involved, then Microsoft's FAT file system was used to replace QDOS's original CP/M file system. FAT had been developed for 'Stand Alone BASIC'. In the initial MS-DOS (and SCP-DOS and 86-DOS) the file system was still accessed using the FCB (File Control Block) mechanism from CP/M.

    47. Re:Alternatively... by sjames · · Score: 1

      I think the claims mostly come from the memory layout and API of a .COM program being exactly the same as in CP/M. That's not theft by any means, but certainly, MS would later go on to make exactly the sort of proprietary claims over API that would have sunk them back in the day had similar assertions been made by Kildall/Digital.

    48. Re:Alternatively... by djshaffer · · Score: 1

      FAT was, I believe without direct evidence, based on the HDOS (Heathkit DOS) GRT file system. It works nearly identically, and was invented by J. Gordon Letwin for Heathkit. Letwin was hired away from Heathkit by Microsoft as one of their first dozen employees. Under the legal environment of the time, it was reasonable for Letwin to take the concepts that he invented with him, but to re-implement them for his new employer without copying any of the (Copyrighted) 8080 assembly language.

    49. Re:Alternatively... by nellaj · · Score: 1

      CP/M's filesystem seems very much a rip-off of the IBM's DOS/360 (allocation and "extent" information were all in directory or "VTOC"). Today this certainly would have created a patent issue. "And QDOS didn't have CP/M's file system - it used FAT, not the somewhat inefficient CP/M system which, IIRC, required scanning the entire directory to determine where the free sectors were."

    50. Re:Alternatively... by Kalriath · · Score: 1

      What's old is new again.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    51. Re:Alternatively... by terjeber · · Score: 1

      Which is the basic definition of rip-off.

    52. Re:Alternatively... by shutdown+-p+now · · Score: 1

      If you want to put it that way, sure - but then is it a bad thing?

    53. Re:Alternatively... by terjeber · · Score: 1

      Some people seem to think it is, I don't.

    54. Re:Alternatively... by bears · · Score: 1

      They originally took him on to write a column from the point of view of the non-technical user. The column then metamorphosed into pearls of wisdom from the all-knowing. A small step in Byte's decline.

    55. Re:Alternatively... by squiggleslash · · Score: 1

      I'm not saying you're wrong, but I'd love a source for this. What I've read has always suggested QDOS came with FAT from the very get-go.

      And to be honest, I don't think your logic that it didn't holds up. Just because you had to build the boot disk with CP/M doesn't mean it was CP/M formatted, any more than the fact early GNU/Linux users had to set up a boot disk under DOS meant the resultant operating system was FAT based. CP/M (indirectly, by virtue of requiring a standardized BIOS) gave you raw access to the disks themselves, and building a boot disk for ANY operating system, CP/M or otherwise, required you write raw sectors.

      Again, I'm not saying you're wrong, but I'd like more information before assuming you're correct. It does contradict what I've read elsewhere, and there's nothing about the "boot disk" thing that actually says it had to work that way.

      --
      You are not alone. This is not normal. None of this is normal.
    56. Re:Alternatively... by squiggleslash · · Score: 1

      Page 19, of the original 86 DOS Manual pretty much confirms 86 DOS came with FAT, not the CP/M file system or a file system in any way inspired by CP/M (beyond FAT's use of 8.3 filenames.) There are other references in the same manual that make this clear, but page 19 has the smoking gun.

      --
      You are not alone. This is not normal. None of this is normal.
    57. Re:Alternatively... by Winkkin · · Score: 1

      Neither the legality of the contract nor the morality of a shrewd businessman required that all parties have perfect knowledge. Most of us have bought a used bike, record, car from a person knowing that we could turn around and sell it to another person wants to buy it, while making a profit in the transaction. What's wrong with that! Imperfect information is a cornerstone of American capitalism. The most obvious example is the futures market. Would the original seller be responsible for losses incurred by the ultimate buyer, No! It's all legal. ethical. As for its morality, falls right in with $5.00 a gallon gas.

    58. Re:Alternatively... by sylvandb · · Score: 1

      Apple thinks it is, when the original is the Apple iPhone/iPad and the "completely new codebase, but providing very similar user look and feel" is by somebody not Apple.

  3. "The smearing of a computer legend" by Anonymous Coward · · Score: 5, Informative

    Literally in the process of reading a dismissal of that same analysis. See what you think...

    1. Re:"The smearing of a computer legend" by Zaelath · · Score: 5, Funny

      Andrew Orlowski is to journalism as Tammy Faye Baker is to cosmetics.

    2. Re:"The smearing of a computer legend" by cnettel · · Score: 5, Insightful

      From your link: "What is the evidence, then, that QDOS was a derivative work – a rip-off? The answer lies in the API, which describes how software can call up the underlying operating system and make it work for the user. The first 26 system calls of MS-DOS 1.0 are identical to the first 26 system calls of CP/M."

      Yeah, just like Linux and WINE are rip-offs. The need to map system calls by number and not only name was of course due to the fact that the actual calling mechanism worked by number. However, the IEEE article is still strange, since the matters described are already settled. On the other hand, the legend of DOS being stolen and not only a clone lives on, in some places.

    3. Re:"The smearing of a computer legend" by ArhcAngel · · Score: 4, Funny

      Andrew Orlowski is to journalism as Tammy Faye Baker is to cosmetics.

      So you are saying he is keeping at least 3 major publications in business?

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    4. Re:"The smearing of a computer legend" by Teresita · · Score: 3, Informative

      The first 26 system calls of MS-DOS 1.0 are identical to the first 26 system calls of CP/M.

      That was for backward compatibility with existing CP/M code. By DOS 2.0 file handles replaced File Control Blocks.

    5. Re:"The smearing of a computer legend" by Richard_at_work · · Score: 2

      I think both this story, the dismissal and the original claim are all bollocks, especially due to the slanted language El Reg put on matters - "derived", "derivative work", "a rip-off".

      Tim Paterson and Microsoft are essentially "guilty" of the same thing Google just won a court case against Oracle/Sun for - reimplementing an API. And yet Microsoft somehow comes off worse than Google for it...

      Kildall lost out, Gates prospered - that's about the sum of it. Anything else is just farting in the wind. It doesn't really matter whether QDOS was a completely brand new OS or whether it just cloned an existing one, just so long as it wasn't infringing on the copyright of CP/M (and no one other than this Zeidman has ever mentioned copyright issues).

    6. Re:"The smearing of a computer legend" by Joce640k · · Score: 4, Informative

      The first 26 system calls of MS-DOS 1.0 are identical to the first 26 system calls of CP/M."

      So? Windows NT has a POSIX interface in it somewhere. It's done to try and tempt people to port their POSIX code to windows.

      Making CP/M code easy to port to MS-DOS would have been a good idea and those functions would have been needed anyway so arranging them in the same order is no real extra effort.

      --
      No sig today...
    7. Re:"The smearing of a computer legend" by the_humeister · · Score: 1

      Damn, if what Kildall did was lose out, that's how I want to lose out too: all the way to the bank (without the dying in a bar part).

    8. Re:"The smearing of a computer legend" by Anonymous Coward · · Score: 0

      You think the general work is bad? Orlowski is to climate change journalism what R.J. Reynolds Tobacco Company was to lung cancer research.

    9. Re:"The smearing of a computer legend" by Zobeid · · Score: 1

      Here's the good bit from The Register: However Zeidman contrives to ignore the incontrovertible evidence that MS-DOS was derived from CP/M, and instead establishes a straw man. Zeidman, who pictures himself in a deerstalker hat, asserts that he can refute the allegation that "Microsoft stole the CP/M source code" - a claim that has never been made, let alone contested.

      Based on my own very limited historical knowledge, that's on-the-mark. I've heard many times over the years that MS-DOS was a clone of CP/M, but never before have I heard it suggested by anybody that Microsoft copied CP/M's code.

    10. Re:"The smearing of a computer legend" by dkleinsc · · Score: 1

      Yeah, just like Linux and WINE are rip-offs.

      You may laugh, but remember that little dust-up with The SCO Group over precisely that claim? When it came time to actually show some evidence, they pointed to the identical lines in the header APIs that were part of the published Unix standards.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    11. Re:"The smearing of a computer legend" by Anonymous Coward · · Score: 0

      I don't think I understand this analogy. Are you saying that Orlowski tattoos disturbing headlines on his face and then cries for donations on public television?

    12. Re:"The smearing of a computer legend" by DavidTC · · Score: 2

      Windows NT has a POSIX interface in it somewhere. It's done to try and tempt people to port their POSIX code to windows.

      Actually it was done entirely because specific US government purchasing rules required only the purchase of OSes with POSIX interfaces.

      There was never any intent that anyone actually _use_ that interface. It was so they could fill a checkmark on 'Required OS features'.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    13. Re:"The smearing of a computer legend" by gnalre · · Score: 2

      Also most likely both would of been written in assembler at the time, the analysis is most likely flawed. On the other hand the creator of QDOS has already admitted that his was work did invole using a debugger on CP/M so it wasn't totally clean.

      Here's the register take on it http://www.theregister.co.uk/2012/08/07/kildall_unforensic_ieee_smear/

      and here's Verity Stob's

      Waltz$

      'Ask Bill why function code 6 [in MS-DOS, to output a string] ends in a dollar sign. No one in the world knows that but me' — the late Gary Kildall, inventor of CP/M and founder of Intergalactic Digital Research, quoted by Robert Cringely in Accidental Empires.

      One night in his office, Bill Gates is alone.
      He's done all his email and he's ready for home.
      But there's a light in the corner from no glowing screen —
      It's the ghost of Gary Kildall, all bearded and green.
      Cries the spirit: Hey William, with all due respect
      Windows is but CP/M, and I've come to collect.
      Offer me no argument, I'll not stand for tricks:
      For I know why there's a dollar in function code 6.

      Sing: We'll have no excuses, we'll have no more tricks,
      Kildall put the dollar sign in function code 6!

      Then Gates eyes the spirit without fear in his soul,
      And calls to his rival: Go hence bearded ghoul!
      Do you think I will yield to this Scooby-Doo tactic?
      Where now is the firm that was 'Intergalactic'?
      Your BIOS lies obsolete, your functions uncalled,
      And if programmers saw them they'd be quite appalled,
      It matters not a bit that you scream and you holler
      For what kind of jerk ends a string with a dollar?

      Sing: A currency display bug must most surely foller,
      The ghost ends his strings not with NUL but with $!

      Now when Bill calls the shots we know who prevails.
      And it seems so this instance. The spook stops his wails.
      Its extremities fade — like the feline in Alice —
      Till only its head's left, still leering with malice.
      But it calls out defiantly: Now don't you forget
      You've won in this dollar-world, but there's more to come yet.
      CP/M's still wowing 'em where the folks aren't so pure-oh:
      For the demons of Hellfire have switched to the Euro.

      Sing: The dominion of Beelzebub makes us all feel uneasy
      But at least the exchange rate is on par with the EC.
      One two three one three two three two one stop.

      --
      Choose your allies carefully, it is highly unlikely you will be held accountable for the actions of your enemies
    14. Re:"The smearing of a computer legend" by Anonymous Coward · · Score: 0

      Er, you do realise that the Register article you linked to is the exact same one that was already linked to in the grandparent to your post, right? :-)

    15. Re:"The smearing of a computer legend" by westlake · · Score: 1

      Making CP/M code easy to port to MS-DOS would have been a good idea

      Of course it was a good idea.

      The serviceable 16 bit CP/M clone was the Holy Grail for anyone who looked at the glacial pace of development of C/PM 86 and the potential market for the 8086.

      In 1980 Microsoft had a full suite of programming languages for CP/M ready to port: BASIC, FORTRAN, COBOL. PASCAL, and. I believe ASSEMBLER. The Microsoft CP/M Softcard for the Apple II was its first hardware product and a huge success.

      The SoftCard was the single most popular platform to run CP/M. As Steve Ballmer stated during the Microsoft Surface reveal, the SoftCard was Microsoft's number one revenue source in 1980.

      Z-80 SoftCard

    16. Re:"The smearing of a computer legend" by Anonymous Coward · · Score: 0

      'Ask Bill why function code 6 [in MS-DOS, to output a string] ends in a dollar sign. No one in the world knows that but me'

      It's so that we can write "M$"

  4. Old news - it never came close to CP/M by dbIII · · Score: 0

    It was a step backwards even back then. Machines like the Microbee pissed all over the PC with MSDOS is so many ways but they didn't have the market power of IBM behind them, in fact they didn't even have the money IBM spent on the Chaplin commercial behind them.

    1. Re:Old news - it never came close to CP/M by Joce640k · · Score: 1, Funny

      Go back to your Amiga.

      --
      No sig today...
    2. Re:Old news - it never came close to CP/M by __aaltlg1547 · · Score: 1

      Yet they didn't sell well. Working is only half the problem in any business.

    3. Re:Old news - it never came close to CP/M by stepho-wrs · · Score: 1

      I hacked on the Microbee in my last year of high school (1983).
      Wrote my own disassembler and disassembled it's ROM.
      Even then the 64KB limit of it's Z80 CPU was holding us back.
      It had 2 incompatible versions of BASIC
      - one with graphics
      - and MS-BASIC (had to implement my own in assembly)
      The Microbee was adequate as a toe-in-the water exercise for schools wanting to teach computing but it had no hope of being the wave of the future.

  5. original piece of work: but not by MS by drainbramage · · Score: 3, Informative

    Always thought the issue was that MS did not have a license to re-license (e.g. to IBM) the product which was created by 'Seattle Computer Products'.

    --
    No brain, no pain.
    1. Re:original piece of work: but not by MS by Anonymous Coward · · Score: 0

      This is exactly what I remember. CP/M is not the start - It was "Seattle Computer Products" that Bill paid the license for (50K as I recall) then turned around and licensed that code to IBM.

    2. Re:original piece of work: but not by MS by Anonymous Coward · · Score: 2, Informative

      Always thought the issue was that MS did not have a license to re-license (e.g. to IBM) the product which was created by 'Seattle Computer Products'.

      MS had bought all rights to it from SCP before the launch of the IBM PC. http://en.wikipedia.org/wiki/86-DOS#Creation_of_PC.C2.A0DOS . This wasn't disputed by SCP, but they claim they wouldn't have sold it as cheap if they had known about the deal with IBM and pending launch of the IBM PC..

  6. Those who were there by Rambo+Tribble · · Score: 2

    I don't think many of us who were around at the time gave much credence to the idea that DOS was derivative of CP/M 86. Had it been, it would have been a better OS.

    1. Re:Those who were there by mvdwege · · Score: 4, Insightful

      Actually, it's a fairly typical Microsoft attempt at a derivative: a copy of the superficial features on top of an unholy mess that shows that they don't understand the deeper concepts.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    2. Re:Those who were there by MickyTheIdiot · · Score: 1

      I always thought the argument was that it was a rip off. I've never heard the argument that it was stolen. Two different things... a (bad) imitation vs. putting your name on someone else's work.

    3. Re:Those who were there by Anonymous Coward · · Score: 1

      Microsoft didn't code MSDOS originally. They bought it. So you're saying that Seattle Computer Products copied the features of CP/M?

    4. Re:Those who were there by Anonymous Coward · · Score: 2, Insightful

      Microsoft didn't code MSDOS originally. They bought it. So you're saying that Seattle Computer Products copied the features of CP/M?

      No, we need to fit this into a narrative that matches preconceptions, yours don't, need more work.

    5. Re:Those who were there by Anonymous Coward · · Score: 0

      I don't think many of us who were around at the time gave much credence to the idea that DOS was derivative of CP/M 86. Had it been, it would have been a better OS.

      Amen!
      I had been using CP/M for about four years when MS-Dos came out. I remember being constantly irritated at the lack of features in MS-Dos that I was used to in CP/M.
      At no time did I see anything that would make me think they had anything in common other than the processors they ran on.

  7. Re:What? by mynamestolen · · Score: 0

    makes sense to me. how would you rewrite?

    --
    work in progress
  8. Seriously? by Dynamoo · · Score: 2
    Seriously? Yes, MSDOS (and QDOS) were definitely inspired by CP/M. But it's hardly a big programming project is it? One bloke coding by himself could conceivably write a CP/M clone for Intel processors. I think that's probably the most obvious answer..

    What next? Proof that the Apple II wasn't copied from the Commodore PET?

    --
    Never email donotemail@WeAreSpammers.com
    1. Re:Seriously? by hazydave · · Score: 5, Insightful

      The PET was a much better design. And back then, it was all good... in fact, Chuck Peddle (inventor of the PET and the MOS 6502) actually helped Woz on some critical issues to get the Apple I up and running. But Peddle had a whole system approach, thus, all the other chips Commodore made to support the 6502. If you look at the Apple I/][ or may of the other early personal computers, you usually see a Microprocessor, some memory chips, and a vast sea of SSI and MSI parts from the TTL databook. If you look at early Commodore machines, you find all sorts of integration.

      But there's a vast difference between "inspired by" and "copied". And even then, in layers. Steve Jobs saw the Xerox Alto and got inspired. Apple didn't really copy the UI, they actually left out some of the good stuff. And of course, the OS they created was vastly inferior, and the internals had nothing to do with the Xerox system. Microsoft did actually borrow some of Apple's stuff, but they's because they actually did exchange code. Most of Windows had nothing to do with MacOS, and the OS design was not something any experienced OS designer would have some up with (eg, the OS treating an application as a series of callbacks)... and that's not even counting all of the serialization Windows did in Win32 to prevent real multitasking.

      Windows NT, on the other hand, was directly inspired by VAX/VMS (via Dave Cutler), but also ran a POSIX API layer from the get-go. But that was a standard by then, so no really a "copy" of UNIX anymore.

      --
      -Dave Haynie
    2. Re:Seriously? by Anonymous Coward · · Score: 0

      You do realize you're responding to DAVE FUCKING HAYNIE right?

    3. Re:Seriously? by Anonymous Coward · · Score: 0

      Yep and there settlement with DEC is sealed and never really mentioned by anyone.

    4. Re:Seriously? by blueturffan · · Score: 1

      I believe his middle name is Bruce.

    5. Re:Seriously? by CityZen · · Score: 1

      > But there's a vast difference between "inspired by" and "copied".

      I think, if anything, history shows that there's a big grey area between "inspired by" and "copied".

      In a way, it's kind of amusing how we attempt to draw a line between these things and say that one of them is good and another should be illegal.

      All because we can't quite figure out some foolproof way (that we can all agree upon) to reward people who create or invent things.

    6. Re:Seriously? by Anonymous Coward · · Score: 0

      Why do you say the Apple OS was vastly inferior? The Alto used enormously more machine. Apple shoe-horned something similar into a toy-grade consumer machine.

      I mean do you think they did a technically bad job of achieving that, or just that accepting the compromises' to make something that simple do so much was inferior? Honestly curious.

    7. Re:Seriously? by Anonymous Coward · · Score: 0

      You just called Dave Haynie an Apple fanboy?

      Wow. Either you're highly uninformed, or a troll of the highest calibre.

  9. Cloning vs. cloning by tepples · · Score: 2

    Why is it OK to clone operating system APIs but not games?

    1. Re:Cloning vs. cloning by __aaltlg1547 · · Score: 2

      A game is more about the creative content -- artwork and story flow. This aren't important components of an OS.

    2. Re:Cloning vs. cloning by Anonymous Coward · · Score: 0

      Probably the same reason why it's okay to clone OS APIs but not, e.g. the trademarked and copyrighted icon set of a piece of business software? The API is an interface (hence the I), just like a network protocol is. It's not the product in and of itself.

    3. Re:Cloning vs. cloning by tepples · · Score: 1

      [link to Tetris v. Xio]

      A game is more about the creative content -- artwork and story flow.

      There isn't much "artwork" or "story flow" to speak of in the game of Tetris, yet its rules were still ruled copyrightable.

    4. Re:Cloning vs. cloning by Anonymous Coward · · Score: 0

      The reasoning for Tetris's style is encapsulated in this quote from the above aricle:

      So Xio would have been legally entitled "to release a puzzle game where a user manipulates blocks to form lines which disappear," but when it copied the way that idea is expressed, by using the same style of pieces, the same dimensions of the playing field and the same manner in which the pieces move and rotate, the judge ruled that Mino is infringing upon copyright.

  10. Who else copied Apple? by tepples · · Score: 5, Insightful

    Windows? -> copy of MacOS Classic

    Any more than Android or GNOME or KDE is a copy of Apple products?

    1. Re:Who else copied Apple? by Teresita · · Score: 0

      Like Apple never saw the Xerox/PARC GUI. Like Digital Research never cooked up GEM.

      http://www.cleanposts.com/flash/images/gemacc.png

    2. Re:Who else copied Apple? by the_B0fh · · Score: 1

      No. Gnome is by Miguel who has an unholy fascination for all things Microsoft.

    3. Re:Who else copied Apple? by tepples · · Score: 1

      Windows [isn't a] copy of Mac OS Classic any more than Android or GNOME or KDE is a copy of Apple products

      No. Gnome is by Miguel who has an unholy fascination for all things Microsoft.

      Then how did the OK button in GNOME get to the far right, where it is on Mac OS X as opposed to Windows?

  11. that's a relief by jjeffries · · Score: 5, Funny

    "Whew!" said Mr. Kildall, from the grave. "I'm glad this slanderous attack on my programming skills has come to an end, and I have finally been exonerated."

    1. Re:that's a relief by Anonymous Coward · · Score: 0

      no, I think he said: " " because he's dead

  12. Re:QDOS, not MSDOS by Anonymous Coward · · Score: 0

    Wow, you're delusional.

  13. Re:What? by somersault · · Score: 3, Informative

    It means:

    Challenging earlier assertions that Bill Gates got the rewards [that were] due [for/to] Gary Kildall

    And yes, it's standard English.

    --
    which is totally what she said
  14. CP/M was not even close by mnooning · · Score: 1

    CP/M was the OS in our computers when I got my masters degree in the mid 80s. It in no way was even close to DOS. DOS was so much different and better that I cannot imagine anyone even thinking that CP/M was used as the base for DOS. And DOS caught on because DOS was sold by MS at half the price of the closest rival. I remember thinking back then: "yeah for Microsoft".

    1. Re:CP/M was not even close by terjeber · · Score: 1

      I cannot imagine anyone even thinking that CP/M was used as the base for DOS

      It was, so, you know, you're wrong. Nobody has ever said it wasn't. Patterson specifically set out to clone the core part of CP/M when he created QDOS. So, you know, you're wrong. Very.

    2. Re:CP/M was not even close by Anonymous Coward · · Score: 0

      CP/M was the basis of MSDOS only in the sense that the Model-T Ford of the 1920s was the basis of our cars today. MSDOS was that much better. Yes, of course some of the ideas behind what made CP/M great in it's day were used. The code, however, as well has the user experience, was very different. The only commonality in the user experience was that the user typed in commands at the command prompt.

    3. Re:CP/M was not even close by mcgrew · · Score: 1

      DOS caught on because DOS was sold by MS at half the price of the closest rival

      No, DOS caught on because it was the OS for IBM's PCs, and "nobody ever got fired for buying IBM." Back in those days, there were no compatible computers. Also, there was Lotus on the IBM, and every business needs a good spreadsheet.

    4. Re:CP/M was not even close by Anonymous Coward · · Score: 0

      You forget, IBM eventually came out with their own IBM-DOS to compete with MSDOS. It was around $95.00, and MSDOS was around $50.00. That is when I bought my first copy, and that is why I chose MSDOS. IBM thought they could get away with the higher price because they were IBM. That is THE major reason why MSDOS won! There were DOS products from other companies, too, which competed. To tie this in with the original post, they copied the functionality of each other, not the code.

    5. Re:CP/M was not even close by Anonymous Coward · · Score: 0

      You are confused. MS and IBM DOS did not compete for retail customers until way later, in the early 1990s. Prior to that the only way to get IBM DOS was buy an IBM computer. Everyone else bundled MS-DOS.

    6. Re:CP/M was not even close by MightyMartian · · Score: 1

      I've played around on a machine running MS-DOS 1. Believe me, it wasn't that much better than CP/M. The good stuff didn't start to appear until DOS 2.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    7. Re:CP/M was not even close by MightyMartian · · Score: 1

      PC-DOS was MS-DOS. Maybe in the final days after the marriage had dissolved it might have had some divergences, but I remember using PC-DOS 7, and there wasn't anything terribly different from MS-DOS. MS-DOS largely existed so Microsoft could sell the operating system to clone manufacturers (the beginning of Redmond's OEM empire).

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  15. Awww come on by Anonymous Coward · · Score: 1

    This is complete bullshit. Rewriting history to be favorable to someone (very) rich.

    dos was a good 80% straight rip from cp/m. they didn't even bother to rewrite all of the text strings.

    go back and look close at "1.0" with your eyeballs. not some software.

  16. drinking and driving by Anonymous Coward · · Score: 0

    BANG
    cant get over that one can ya gates

  17. Stupid test by Anonymous Coward · · Score: 0

    The author ran tests checking for text and binary matches. Of course, Gates wouldn't do anything that crude. But take a look at the structure of the control blocks used for system calls, a lot of that was clearly derivative of CP/M. IIRC some of the structures used in MS-DOS had no real purpose, but they were carry-overs from CP/M.

    1. Re:Stupid test by terjeber · · Score: 1

      Gates wouldn't do anything that crude

      Obviously not, since he didn't do it. He had no hand in writing MS-DOS, Patterson did. When it was QDOS.

    2. Re:Stupid test by Anonymous Coward · · Score: 0

      So what if the structures were the same? They were purely functional, not creative; copyright does not apply. You can't copyright the format you use to store some data... you can only patent the math which puts the data into that format. (Oh wait... math wasn't supposed to be patentable. Ha.)

      They were the same because (a) they worked and (b) there was no reason to design new structures with the same functionality and (c) programmers were already used to them and it was easier to just re-use them than to re-invent the wheel and force everyone to use a different data structure.

  18. I miss.... by Anonymous Coward · · Score: 0

    DR DOS!!!

  19. Not any evidence? by Anonymous Coward · · Score: 0

    Considering Microsoft was about to lose in a court and settled this is pretty strange. Im more inclined to think CodeSuite needs to get back to the drawing board on this one. How do he know he got a pristine copy of the sources and not washed ones? It would be surprising had they not been whitewashed during or after Microsoft settled the case.

  20. Re:What? by Huggs · · Score: 1

    Here are some implied words that might help you make sense of it:

    Challenging earlier assertions that Bill Gates got the rewards [which were] due Gary Kildall

  21. alike and different by scharkalvin · · Score: 4, Informative

    QDOS was actually quite similar to CP/M in it's structure, and CP/M86 was different in that it actually made use of the improvements offered in the 8086 processor. QDOS was written as if an 8080 to 8086 translator had been used to code it. However MS-DOS quickly moved away from this. What Microsoft sold was much polished over the original QDOS and CP/M OS's. They quickly improved the disk structure, FAT12 and FAT16 are different enough from the original CP/M disk structure. What they all STILL have in common is the use of the 0XE5 IBM uninitialized data marker in the FAT to show available space. This was a quick and dirty hack that allowed a freshly formated diskette to be used without having to initialize a directory structure on it.

    1. Re:alike and different by Anonymous Coward · · Score: 0

      In addition. Having re-purposed the system vector table in CP/M-80, for, uhm, stuff, it struck me how stretches of the system vectors in MS/DOS were structured identical to CP/M-80's. No question in my mind at the time I was looking at a direct carry-over of DNA.

  22. No kidding by mister2au · · Score: 2

    First paragraph of wikipedia entry nicely sums up why this would be the case ... that is, it was a clone that was ported to run on a different (albiet VERY similar) instruction set, a different file system and obviously different hardware support.

    You'd think after that either:
    - not much of the original code with survive IF it was copied and then adapted
    - it was probably easier to copy the functionality and write from ground-up which is what this article implies

    MS-DOS was a renamed form of 86-DOS – informally known as the Quick-and-Dirty Operating System or Q-DOS – owned by Seattle Computer Products, written by Tim Paterson.

    Microsoft needed an operating system for the then-new Intel 8086 but it had none available, so it bought 86-DOS for $75,000 and licensed it as its own then released a version of it as MS-DOS 1.0. Development started in 1981, and MS-DOS 1.0 was released with the IBM PC in 1982.

    86-DOS, in turn, was a clone of Digital Research's CP/M for 8080/Z80 processors ported to run on 8086 processors and with two notable differences compared to CP/M, an improved disk sector buffering logic and the introduction of FAT12 instead of the CP/M filesystem

  23. MOD POST DOWN. by gl4ss · · Score: 1

    aww shit, read and remembered wrong. qdos was blamed to be copied.

    --
    world was created 5 seconds before this post as it is.
  24. Not Surprising by GreggBz · · Score: 4, Interesting

    Those accusations still sound like sour grapes from Gary Kildall. The Microsoft - IBM deal was genius. Gary sounds upset he did not have the foresight to make it happen. He had his chance. Heck, MS even suggested that IBM talk to Gary and the CPM guys when they were looking for an operating system. But, Gary refused to play ball. Too bad.

    So, Microsoft stepped up to the plate. They bought QDOS, worked with it and wrote MS-DOS. Sure, it was not an extraordinary operating system. But it wasn't terrible, and it worked like CP/M in a lot of ways because MS certainly took ideas from CP/M. That's perfectly OK (maybe not these days, software patents etc...) They were giving IBM and their customers what they wanted when Gary and Digital Research decided not to. That's the genius of Microsoft. Realizing the spectacular deal to be had and standing up to IBM to sign an agreement that would make them the biggest software company ever; keeping ownership of their software, regardless of how much big blue pushed them around. Sorry Gary, you missed out.

    Lastly, I doubt the young Bill Gates would hypocritically allow his company to stoop to coping code after he wrote this and sent it to many of his future customers:

    1. Re:Not Surprising by Anonymous Coward · · Score: 0
      You don't think the young Bill Gates would stoop to something after writing a long screed ranting at all the people who weren't giving him money?

      Why is that, exactly? At what point would you say the stooping began? A long way before Stacker?

    2. Re:Not Surprising by GreggBz · · Score: 2

      I would say the stooping started.. oh I don't know 1986? When MS got big and everyone got more rich and powerfull, the morally questionable and sometimes illegal stuff started happening. Stacker happend with DOS 6.0, which was like 1992, more than a decade of profits and power tripping after the inital IBM deal.

      I'm sure the guys at Cisco or Apple (or any other like company) were all geeky and cool at first two, maybe pulling a few tricks here and there but playing the game.. then well.. we all know how it goes downhill.

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

      " MS certainly took ideas from"

      It has been asserted that MS cloned CP/M's API. That's a tad more than 'took ideas from'.

      "maybe not these days"

      I don't think patent law has changed all that much.

    4. Re:Not Surprising by nukenerd · · Score: 1

      Hardly "genius" to give a customer what they ask for. Even I could do that (in my own field). Gary Kildall failed to do so, but that does not make Gates a genius. In fact it is generally belived that Gate's family pulled strings with IBM to clinch the deal.

      What MS are "geniuses" at doing is thinking up shady practices that are somehow legal (not always legal, but mostly legal), things I could not have thought of in my wildest dreams. Like not allowing their software to be transferred between machines - car salesmen are pretty shady, but imagine if they stopped you from using a car you bought from them if you move house.

      As for stooping, MS have done such a lot of it that I do not think there is much they would not stoop to.

  25. Meh! by Anonymous Coward · · Score: 0

    What dren! Anyone who was in the know about CP/M-86 and SCP's QDOS (of which MS-DOS was a licensed copy) and had used/studied them, knew that they were/are very different beasts. I and other colleagues had done extensive dis-assembling of both systems in the early 1980's, and it was quite clear that they were not based upon the same code. "Forensic anaylsys" my rear end! That's a fancy way of saying "pay me more $$ to do the obvious"...

  26. In today's environment, it would have been. by DdJ · · Score: 3, Interesting

    The system calls and lots of the design are clearly cloned. Anyone who used both CP/M and MS-DOS back in the day and who dabbled in assembly language programming on both would be able to spot it.

    If the software industry had been as rife with patents (both functional and design) and other litigation tools back then as it is today, Microsoft wouldn't have gotten away with this particular way of copying.

    (Whether this is a good thing or a bad thing is left as an exercise for the reader.)

    1. Re:In today's environment, it would have been. by JockTroll · · Score: 0

      If the legal environment back then had been as bad as it is now, no personal computer revolution would have *ever* taken place. There were copyrights and patents even on the CONCEPT of "playing with moving objects on a screen". Pac-Man and Donkey Kong clones were a-plenty. Fortunately there were some brain-accessorized heads who didn't fall for the copyright hell that, 30 years later, would rule the world, the wet dream the content industry collectively masturbates to while lying in a pile of their own feces. We need to go back to a saner legal environment, even if it entails screwdrivers through eyesockets and tying people to wheelchairs, pouring gasoline on them, setting them on fire and roll them down a parking lot's ramp. Yeah, I ripped off "Manhunter", now sue me bitch.

      --
      Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
    2. Re:In today's environment, it would have been. by rnturn · · Score: 1

      ``The system calls and lots of the design are clearly cloned. Anyone who used both CP/M and MS-DOS back in the day and who dabbled in assembly language programming on both would be able to spot it.''

      Back when CP/M was still kicking around, I had a Columbia Data Products XT-clone. It shipped with MS-DOS and CP/M-86 and I recall reading through the programming manual and thinking ``Geez this looks a lot like DEC's RT-11.'' Remember when MS-DOS used to ask you to insert the diskette containing COMMAND.COM? That was a memory claiming trick that was part of CP/M as well. RT-11 would also overwrite part of the command interpreter when extra memory was needed -- after the OS was loaded you typically only had about 48KB or so in which to run programs unless you made heavy use of overlays -- and reload it after program execution was complete. (I cannot recall, though, ever being asked to reinsert the RT-11 OS disk.) Terminate and stay resident tricks? You could do that with IBM's CMS operating system. Imagine if the computer industry's legal teams had been as aggressive back in the early days of the PC as they are today. Once that silly suit involving spreadsheet look-and-feel came about, it was all downhill (IMHO).

      --
      CUR ALLOC 20195.....5804M
    3. Re:In today's environment, it would have been. by JDG1980 · · Score: 1

      If the software industry had been as rife with patents (both functional and design) and other litigation tools back then as it is today, Microsoft wouldn't have gotten away with this particular way of copying.

      If the legal situation with patents and copyrights had been that bad back then, we'd all still be stuck in the 8-bit era, and the Internet as we know it today wouldn't exist.

      It seems highly hypocritical to criticize Bill Gates for cloning CP/M when we (rightly) defend similar actions taken in the present day with Android vis-a-vis Java, Wine regarding Windows, and so forth.

  27. History lesson? by garyoa1 · · Score: 1

    As history tells us, he didn't steal it (or write it), he bought it. On the other hand I guess with the way it took off you could say he "stole it". :)

    Stories like this are probably coming from those who think that Apple created the GUI.

    --
    Wuddooeyeno? IITYWYBMAD? Like nuts? eclecticallyincorrect.com
  28. But Microsoft basic was stolen by Anonymous Coward · · Score: 1

    Gates cross compiled Decsystem-10 basic to the 8080 and started his company with it.

    1. Re:But Microsoft basic was stolen by DCFusor · · Score: 1

      Actually, they claim he dumpster-dove Honeywell's basic, which was a lot leaner and meaner. Still stolen, wrong target.

      --
      Why guess when you can know? Measure!
  29. Wait, what? by bmo · · Score: 4, Informative

    Where did this idea ever come from? "Everybody knows" that Gates bought QDOS from Kildall and nobody ever claimed that QDOS was a "copy of CP/M," not even Kildall himself. What was in dispute was whether Kildall was literally out to lunch or flying, or whatever, brushing off the meeting and selling a license for what turned out to be a pittance. That's the legend anyway, but he's not here on this planet anymore to defend himself.

    FFS. Want to know where DOS came from? Just read Tim Patterson's blog. http://dosmandrivel.blogspot.com/

    He discusses the design differences between the two and why he did what he did.

    And if you're really curious and need to feed the inner nerd, go have a look at the CP/M source code.

    http://www.cpm.z80.de/source.html

    --
    BMO

    1. Re:Wait, what? by Anonymous Coward · · Score: 0

      I would appreciate letters from any one who wants to pay up

      Bill Gates was sending threatening extortion letters as early as 1976. My question for him would be: "If computer users were running Altair BASIC and presuming the software was being offered for sale by Micro-Soft, then why was he not able to sell his software?" Pirating of software aside for a moment how would he explain the situation he alleges?

      I confess my first experience with computers was a Commodore PET and PET BASIC that my mathematics teacher brought into his classroom. The first time I wrote a programme, a quadratic equation solver listing written by the teacher, on that computer I was hooked.

  30. Re:What? by Anonymous Coward · · Score: 0

    That's very standard English.

    Are you a standard tool, or a non-standard one?

  31. MS-DOS is better than CP/M by nellaj · · Score: 1

    MS-DOS is actually a big improvement compared to previous microprocessor operating systems. It uses the relocation capability provided by the x86 segment registers to keep the OS separate from the application. In CP/M, the load address for the application is right above the operating system so there is actually no way to make large changes to the core OS.

    1. Re:MS-DOS is better than CP/M by gweihir · · Score: 1

      Not at all. You overlook that software can be relocated on load and still is to this day.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:MS-DOS is better than CP/M by david_thornley · · Score: 1

      On the larger computers of the day, it often was. I studied CDC 6600 relocation schemes for the heck of it, back in the mid 70s. Such schemes require disk storage to keep the relocation instructions, and processing when loading programs. That was a bad fit with the small computers of the day. A typical CP/M computer might have two floppy drives with about 40K or 80K each, 32K-64K of memory, and an eight-bit CPU running at 2-4 MHz. Even the process of loading a 20K program by copying it off the floppy took a noticeable amount of time.

      Back then, on CP/M, there was no way to do it. An executable was a binary blob that was read into memory and then executed. There was no indication of whether particular bytes were addresses or not, and hence no way to tell which bytes to change for relocation.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    3. Re:MS-DOS is better than CP/M by nellaj · · Score: 1

      Relocation, or lack of it, were certainly big issues in the 60s and 60s. There were systems (RSX-11 without mapping and DOS/360) where a big operator task was to link the entire system: and I mean both applications and OS. You needed to carefully plan where your applications were to be loaded and how much memory to devote to each area. In DOS/360 you could have background and foreground tasks. But you had to have your application pre-linked for a different load address if you wanted to use it as a background task.

  32. Depends who you ask by FunkyELF · · Score: 1

    Oracle would say a re-implementation of ideas is a copy.
    Apple obviously would say it is a copy.

  33. Black and White by Murdoch5 · · Score: 1

    It's simple, look at the source code, if you see the same functions and same structure in both pieces of software then it was a grab and go operation. If however DOS sports an entirely different layout with none of the exact same functions then it's original. It's black and white, either it's stolen or not.

    1. Re:Black and White by davydagger · · Score: 1

      just to play devil's advocate, if a piece of software, especially primative does the same thing, there is a decent chance that it will be at least similar, even if coded by diffrent people.

    2. Re:Black and White by Murdoch5 · · Score: 1

      Yes but function and structure don't have to match. If you give two programmers a task to write the same program you can get two entirely different solutions but in the end they accomplish the same task.

  34. Set of rules by tepples · · Score: 1

    An API is a set of rules to communicate with another system, and a game (in the abstract sense) is a set of rules for an activity. What was deemed copyrightable in Tetris v. Xio was not only the block textures (your "copyrighted icon set") but also the specifics of the game rules themselves, such as the width of the playfield, the selection of the game pieces (use of all tetrominoes and only the tetrominoes as opposed to including smaller or larger polyominoes or polyplets), and how the game pieces behave when rotated in tight spaces. Change either and all the strategies change, just as changing a protocol changes the tradeoffs in applications using that protocol. It'd be like copyrighting the game of tennis and suing anyone who made unauthorized nets and rackets.

  35. microsoft stilll copied "look and feel" by davydagger · · Score: 1

    MS-DOS still has the "look and feel", so in today's world they still would have been sued. (not then mind you)

    How is that for irony?

  36. never heard of claimed code copy, more of a produc by Locutus · · Score: 1

    only heard it was a cheap product copy of the famed CP/M and hence the name Quick and Dirty Operating System.

    If they want marketing time, they should run versions of NT or Windows against open source code bases like GNU/Linux and BSD or better yet UNIX. IMO

    LoB

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  37. that was my understanding by fast+turtle · · Score: 4, Interesting

    Gate's bought the DOS operating system and sold IBM a License. He didn't sell them the damn code.

    Because of this, I have to wonder why everyone is suprised that MS Wants you to License Windows instead of buying it.

    --
    Mod me up/Mod me down: I wont frown as I've no crown
    1. Re:that was my understanding by Anonymous Coward · · Score: 1

      Gate's bought the DOS operating system and sold IBM a License. He didn't sell them the damn code.

      No, he bought QDOS, renamed it to MS-DOS, and licensed it to IBM as IBM PC-DOS.

    2. Re:that was my understanding by bws111 · · Score: 3, Informative

      Who is this "everyone" that is "surprised" that you only license Windows? Even with FOSS, you only have a license - you do not "own" the code. There can be only one owner of a thing, and in the case of Windows, that owner is Microsoft.

    3. Re:that was my understanding by Anonymous Coward · · Score: 0

      There can be many owners of a thing, that's why there's such a thing as public commons.

      Who is the owner of the Washington Monument?

    4. Re:that was my understanding by Zimluura · · Score: 2

      I think the (perhaps this word is too strong) "controversy" over licensing windows is that you must agree to the license after you have a sales receipt in your hand. IANAL, but, If I were taken to court on a EULA violation for software I legally bought (could be a tough sell to a jury that i was actually at a software licensing store - especially one with no lawyers on the premisis), but if I had to defend myself I would push the angle that I had already bought the software (evidenced by the sales receipt), and installed the software without agreeing to the EULA (through making a personal copy, which I think copyright law still allows, and modifying it to install without the EULA). Whether this would work (in a single consumer vs. large megacorp sense) or not is a question that, perhaps someone with much more disposable income/time, will one day answer.

    5. Re:that was my understanding by bws111 · · Score: 3, Informative

      The people of the United States, as embodied in the federal government. One owner. You, as an individual, do not own the Washington Monument or any part of it.

    6. Re:that was my understanding by cdrguru · · Score: 2

      I think if you research it carefully you will find that just about any "public commons" is owned by a government organization or agency. Like the Washington Monument is likely owned by the National Park Service.

      Sure, it is "licensed" so that it can be used by people with some restrictions, just like anything else in the software world. However, if this were not the case and it was owned collectively by everyone it would be impossible to block people putting up tents on the Mall - because they would be "owners" just like everyone else.

      So no while everyone may enjoy a right to use, they do not have ownership rights. Pretty much the same for any "public commons" anywhere in the world. Or at least US and UK - laws in other places vary significantly from what we would recognize as a public commons.

    7. Re:that was my understanding by niado · · Score: 2

      Courts are evidently split on whether a 'shrinkwrap' contract (which an EULA is) are enforceable or not.

      They are considered to be contracts of adhesion and therefore subject to a different level of scrutiny than a more traditional type of contract, even if ruled enforceable.

    8. Re:that was my understanding by nukenerd · · Score: 2

      Gate's bought the DOS operating system and sold IBM a License. He didn't sell them the damn code.

      No, he bought QDOS, renamed it to MS-DOS, and licensed it to IBM as IBM PC-DOS.

      Er ... I don't follow you. QDOS was DOS, the first version of DOS. So Gates did buy DOS.

      That is not to say that MS did not greatly modify and improve it, even by the time it was sold with the first IBM PC as PC DOS.

      The "QD" stood for "Quick and dirty". IT companies still had a sense of humour then. Grim Gates helped to change that though. The name QDOS was succeded by prefix DOS where the "D" now stood for "Disk" and prefix could be MS, PC and even DR or Caldera.

  38. Ridiculous by Ancient_Hacker · · Score: 1

    The source-code ripoff is a ridiculous starting point. CP/M was largely written in PL/M, Intel's quasi high level PL/I-like language. QDOS was written in X86 assembly language. There is no possibel pathway between the two, unless you posit that Tim Patterson somehow got a hold of the PL/M source code, and played the role of a super-optimizing cross-compiler. Ridiculous.

  39. The Register has a good analysis by Anonymous Coward · · Score: 1

    Here: http://www.theregister.co.uk/2012/08/07/kildall_unforensic_ieee_smear/

    does a good job of explaining a thing or two

  40. But but but... by Anonymous Coward · · Score: 0

    ...didn't I read somewhere that a disassembly of MS-DOS contained actual Digital Research copyright strings still embedded? Or was it QDOS that had that feature?

  41. Hahahahahahah by Anonymous Coward · · Score: 0

    Bull. Complete bull. Back in the day I wrote a uni assignment and another student copied it, made some interesting changes, not just the names of variables but also calls and program flow (leaving the core program the same), and he got less marks than I did... and the profession could not tell that he had ripped off my code. Not an easy program that either. So, I don't care what this comparison says. Without comparing source code side by side or having an absolute method of comparison (which is laughingly easy to explain away with 'it is the only way to do it' or change it slightly .. just enough to be different.. well, it is too hard to say. Take the results of TFA with a large grain of salt. At least until you compare not just the source for both, but the timestamped change history for both. Good luck there.

  42. I've used both by kheldan · · Score: 2

    Back in the day I had more than one machine I'd built (either 8080 or Z80 based) that ran CP/M, and I even wrote software (in C and in assembly language) to run under CP/M. MS-DOS only bore a superficial resemblance to CP/M, in that there are certain elements to a command-line OS that you really can't easily get around.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  43. Software patents by CanEHdian · · Score: 2

    Imagine that in the 70s software patents were as they are now... we would not be having this discussion.

    --
    When the copyright term is "forever minus a day", live every day like it's the last.
  44. DOS 6 was finally usable by Anonymous Coward · · Score: 0

    It took 6 versions to become stable. Sounds like a microsoft product to me.

    1. Re:DOS 6 was finally usable by EmagGeek · · Score: 1

      2.11 was okay. DOS didn't really start screwing the pooch until 3.0... 4 and 5 were just godawful. 6 brought back a decent OS.

  45. Fact checking. by westlake · · Score: 4, Informative

    The fact remains that he did die conveniently in a plane crash just after failing to come to terms with MS.

    Not true.

    On July 8, 1994, Kildall fell at a Monterey, California, biker bar and hit his head. The exact circumstances of the injury remain unclear; however, he had suffered problems with alcoholism in his later years. Various sources have claimed he fell from a chair, fell down steps, or was assaulted because he walked in to the Franklin Street Bar & Grill wearing Harley-Davidson leathers. He checked in and out of the hospital twice, and died three days later at the Community Hospital of Monterey Peninsula. The coroner's report identified the cause of death as blunt force trauma to the head. There was also evidence that he had experienced a heart attack, but an autopsy did not conclusively determine the cause of death.

    Gary Kildall

    Concurrent CP/M 3.1 and later, and single-user CP/M-86 with BDOS 3.3 and later (including DOS Plus), allow CP/M programs to access DOS-formatted discs via conventional BDOS calls, emulating (as far as possible) the behaviour of a normal CP/M filesystem. The behaviour is probably a good starting point for anyone writing a CP/M emulator which uses a hierarchical or non-CP/M filesystem.

    The FAT filesystem in 16-bit CP/M-86

    To me this says that the original or "normal" CP/M file system was not FAT.

    1. Re:Fact checking. by Provocateur · · Score: 1

      But the bike leathers did make his butt look big...

      --
      WARNING: Smartphones have side effects--most of them undocumented.
    2. Re:Fact checking. by Junior+J.+Junior+III · · Score: 1

      If I sold DOS to Microsoft for $50,000, I'd probably develop a drinking problem, too.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    3. Re:Fact checking. by Anonymous Coward · · Score: 0

      Did Tim Patterson?

  46. Re:Gary Kildall typing obscure keystrokes by Anonymous Coward · · Score: 1

    echo You are running CP/M Version 1.0

  47. Well Duh by fm6 · · Score: 0

    You don't need code analysis to know that MS-DOS does not contain CP/M code. Jeez, it barely rates as an operating system. A hack programmer who knew nothing about OS design and objected to DR's prices set out to build a clone and failed utterly. If MS hadn't needed to license an OS in a hurry, it would have gone nowhere.
    .

    1. Re:Well Duh by fm6 · · Score: 1

      Every time I trash MS-DOS 1.0 I get a "troll" mod. Kind of childish, really.

  48. we all agree then - the garbage is genuine by ImSoConfused · · Score: 1

    and continues to be so..

  49. It's always been an interesting question... by jeko · · Score: 2

    Speaking conservatively, Bill Gates had access to IBM through his mother's business connections. Gary Kildall did not. Can we really claim to live in a meritocracy when the difference between billions and obscurity is who you were born to?

    Moreover, can we agree that both physical strength and mental acuity begin as genetic traits? If we condemn a strong man for taking advantage of a weaker one, is that any different than a smart man taking advantage of a slower one? As a father, I don't allow my older son to force his little brother to eat a bug. By the same taken, I don't approve of my older daughter tricking her little brother into eating that same bug.

    Hmm, it's almost like we have a moral and ethical obligation to be fair in our business dealings...

     

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:It's always been an interesting question... by Anonymous Coward · · Score: 0

      So you don't allow the stronger child to abuse his strength but merely dis-approve of your smarter child abusing her smarts. I'm not sure you are passing any moral or ethical obligations onto your children intellectually speaking.

  50. Have you read Paul Allen's book? by jeko · · Score: 3, Interesting

    From a WSJ review of Paul Allen's biography:

    Past histories of Microsoft have said Mr. Allen's departure from the company was sparked by his first brush with cancer in 1982, when he was diagnosed with Hodgkin's disease.

    In that year, Mr. Allen says he eavesdropped on a discussion in the Microsoft offices in Bellevue, Wash., between Mr. Gates and Steve Ballmer, now the company's CEO, in which he heard the two men talking about Mr. Allen's recent lack of productivity and how they might dilute his equity in the company by issuing options to themselves and other shareholders. Mr. Allen said he burst into the room and confronted Messrs. Gates and Ballmer, both of whom later apologized to him and backed down from their plan.

    "I had helped start the company and was still an active member of management, though limited by my illness, and now my partner and my colleague were scheming to rip me off," he says in the book. "It was mercenary opportunism, plain and simple."
    .
    A spokesman for Microsoft said Mr. Ballmer had no comment.

    Earlier efforts by Mr. Gates to whittle down his partner's stake in Microsoft were successful though, according to Mr. Allen.

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:Have you read Paul Allen's book? by Anonymous Coward · · Score: 0

      OMG.. he had a book to sell. Therefore everything in it must be true !

      Its interesting how conflict of interest is never a problem when you want to bash microsoft. But hey.. nobody is going to confuse you for anything other than a rabid anti-ms troll.

    2. Re:Have you read Paul Allen's book? by Jeremiah+Cornelius · · Score: 2

      In Dante's version of the Afterlife, men like Gates will spend eternity with red-hot pokers up their hindquarters.

      Of course, this is a metaphor. In reality, their eternal punishment will consist of being granted both a conscience and awareness of themselves.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    3. Re:Have you read Paul Allen's book? by infinitelink · · Score: 1

      In that year, Mr. Allen says he eavesdropped on a discussion in the Microsoft offices in Bellevue, Wash., between Mr. Gates and Steve Ballmer, now the company's CEO, in which he heard the two men talking about Mr. Allen's recent lack of productivity and how they might dilute his equity in the company by issuing options to themselves and other shareholders.

      That's why it's important to have provisions in your contracts and company constitutions that provide mechanisms, when more shares are issues, to prevent dilution of equity to shareholders. The only area this can't make up for is when debt is issues, since that reduces residual equity of all shareholders.

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    4. Re:Have you read Paul Allen's book? by datavirtue · · Score: 1

      Bill Gates apologized and then diluted his stock....so, it is admitted.

      --
      I object to power without constructive purpose. --Spock
  51. So if Mino infringes, why doesn't Android? by tepples · · Score: 1

    And Google would have been legally entitled to release an operating system incorporating an API where a user manipulates strings to form lines that get written to storage, but when it copied the way that idea is expressed, by using the same function names, the same types and order of arguments and the same behaviors, the judge ruled in Oracle v. Google that Android did not infringe.

    1. Re:So if Mino infringes, why doesn't Android? by __aaltlg1547 · · Score: 1

      HOW THINGS WORK is the subject of Utility Patents, not copyright. And in order for an API to be covered by a Utility Patent, it would have to be both novel, which the API is not, and non-obvious, which it also is not. And a Patent would have to have been issued, which it has not.

  52. Did you have access to the market? by jeko · · Score: 2

    How did I get screwed?

    Did you have equal and fair access to the market without being an employee? Would the market have given both you and your employer a fair opportunity to sell that program, or can you not even get your foot in the door until you have capitulated and joined your employer's team?

    Consider a real case from history. You're a farmer. Your produce is worth a great deal of money in the city. Knowing that the cities have need of food, you and the other farmers and people from the city paid taxes to a government to build the necessary infrastructure to keep our society going.

    Now, railroad engineers need to eat too, and no one is saying the railroads shouln't get a fair cut. Unfortunately, the owners of the railroad somehow find their way into sweetheart deals with the government, and then form cartels with the distributors.

    Suddenly, your corn, which would sell for $10/bushel in a fair and free market, is facing offers of 50 cents a bushel. Your choice is either take the 50 cents and pray you survive the winter, or let your corn rot at the depot and watch the bank forclose on your farm. Oddly enough, your buddy in the city says corn prices remain ridiculously high there no matter what happens at your end. The savings are definitely not getting passed on to him, since prices are always set at "what the market will bear," and not "what it cost to produce." Indeed, the difference between price and production cost is known as "profit," which the railroads say is their entire purpose in life.

    Funny, you thought the entire purpose of the railroads was to move your corn to the cities so people don't starve.

    Are you beginning to see how it's entirely possible to steal from people in an entirely legal, though not ethical, fashion?

    One last footnote from our friends the psych majors. Apparently there is an aberration in human psychology that can produce monsters of varying degrees known as sociopaths. Sociopaths are people born without empathy or the ability to consider any other wants and needs other than their own. To these people, if it's legal, and therefore free from consequence, then they find it perfectly acceptable. They're UNABLE to consider questions of morality, fairness and ethics, because they literally cannot acknowledge the existence of anyone else in the world by themselves.

    Two last things they note. One, sociopathy is definitely a pathology because they have found cases where physical brain damage causes the pathology to develop, and Two, in various surveys they've done, it seems we have a massive concentration of them among our captains of industry. Apparently, being willing to do ANYTHING for money is a behavior that is rewarded in business, while people who have moral reservations frequently find their careers stymied.

     

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:Did you have access to the market? by bws111 · · Score: 1

      That is not an 'entirely legal' fashion. It is the classic definition of a 'trust', and is why we have anti-trust regulations.

      None of what you wrote has anything to do with what Gates did. He offered a price, and it was accepted. There were no underhanded dealings going on. He didn't have a trust. He (Gates) could have just as easily walked away from the deal altogether.

  53. He had information that both IBM and Brock lacked, by jeko · · Score: 1

    He had information that both IBM and Brock lacked,

    OK, so explain to me why insider trading is considered illegal. In addition, when my macroeconomics professor railed against the market distortions caused by unequal information, why did he keep referring to that as "unethical behavior?"

    Why do we insist on "transparency" in the markets, and why is "crony capitalism" considered a bad thing?

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
  54. One-sided test by gweihir · · Score: 1

    This is necessarily a one-sided tests, i.e. it can identify plagiarism (but only with a probability of error), it cannot reject plagiarism claims. If the plagiarism is cleverly enough obfuscated it will fail.

    For something this fundamental, it always has to be manual analysis by somebody competent. Automated tools cannot do this, despite grande claims by those thet sell them.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  55. DR DOS & Microsoft more interesting by cpm99352 · · Score: 2

    More interesting the is the tale of how Windows 3.11 did the DOS version check to determine if it was compatible, back around 1992 or so. I recall reading an analysis of how Windows managed to throw a nasty message if DR DOS was used instead of DOS. Apparently the Windows code was actually encrypted or something to obscure the hoops they were jumping through so that Microsoft could destroy DR DOS.

  56. Tim's last name by tipo159 · · Score: 1

    For everyone misspelling Tim's last name, it has only one 't' - Paterson.

  57. Re:He had information that both IBM and Brock lack by bws111 · · Score: 4, Insightful

    Insider trading isn't "considered" illegal, it IS illegal - there is a law against it. It is illegal because that is the rule for being a publicly traded corporation - everyone gets info affecting the price of the stock at the same time. If that were not the case, people inside the company could profit at the expense of the other shareholders.

    None of that has anything to do with private dealings. In fact, it is likely that Gates was under an NDA and could not say anything about the IBM deal, as IBM had not yet announced the PC. Divulging the IBM deal could not only have insider information ramifications, but remember that at the time IBM was under a consent decree that prohibited them from 'pre-announcing' anything.

  58. Not stolen from CP/M by Anonymous Coward · · Score: 1

    It was purchased from Seattle Computer Products, and was known as QDOS (Quick and Dirty Operating System). Microsoft then leased it to IBM, and IBM took it because they didn't want to get hammered with anti-combine and monopoly legal problems. When IBM got it, there were 8000 lines of assembly, and IBM pulled out 6000 lines of bugs (almost one bug per line, which when talking about assembly is the entire line). IBM then gave the cleaned-up software back to microsoft and leased it back from them. Microsoft then tried to do the same with OS/2, and then stabbed IBM in the back, etc, etc. Dave Cutler kinda fucked up WindowsNT (Nice Try), and microsoft had a blue-screen-of-death and security issue for about 35 more years (starting about 1990). Along the way they would undertake many monopolistic tactics from keeping better products out of the market, and would occasionally get caught (eg: when DrDos wouldn't work on microsofts applications, it was found that those applications were written to specifically break if they were run on DrDos, and simply changing the identification string from DrDos to MS would "magically" fix the problem. Microsoft lost and wound up buying DrDos, which they then rebranded as the next version of DOS, with a huge number of bug fixes and enhancements.

  59. You're getting there... by jeko · · Score: 3, Insightful

    If that were not the case, people inside the company could profit at the expense of the other shareholders.

    Sure. Now why do we think that's wrong? What's the problem with allowing people inside the company to take advantage of the outsiders.? Couldn't the outsiders also get jobs within the company if they chose? Why is the asymmetric information considered a problem?

    You're about to come back to me with some variation of the idea of fiduciary duty, which is simply restating the question. Why would they have a fiduciary duty to the stockholders? Why do we care if one group of people with superior information take advantage of another group of people? After all, anyone could get a job at the company. Anyone could -- in theory -- also become privy to the inside information. Why do we protect the shareholders from the reality of the market? What's the problem with asymmetric information in a capitalist market, and why do we feel the market distortions they cause to be evil?

    When you get that answer, apply the principal to private dealings. Johnny Depp plays an evil man in "The Ninth Gate," a rare book dealer who visits bereaved families and buys rare books from the estate before the family realizes how valuable the books they sold are. The audience considers this to be evil behavior, and it sets up the moral corruption that a demon takes advantage of later in the script.

    Why would we think those book sales are evil? After all, Depp is not doing aything illegal. He doesn't lie to them. He merely says "I can offer you this much for this book," and offers to get back to them later with offers on other books. Why do you think the audience boos and hisses at this behavior?

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:You're getting there... by bws111 · · Score: 2

      Ever hear of the stock market crash? That is why the rules are there. Without inside trading laws, as soon as the 'insiders' (which are generally high-level executives, not regular employees) realize that things are going badly (which they will always know before the public does) they can dump all their stock, making the price plummet, and the outsiders lose their shirts.

      The major flaw with your premise (and your little story) is that you are looking at it in hindsight. In your story, Depp KNOWS that books are valuable and that he is ripping the families off. THAT is what people boo at. Gates, at the time, did NOT know how much DOS was going to be worth. Kildall thought so little of the value of the PC that he couldn't even be bothered to attend a meeting with IBM. IBM thought so little of the value of the PC that they spent almost nothing developing it, and didn't protect any of it. In fact, they thought so little of it that the left the software up to an outsider!

      So what did Gates do that was so awful? He was tasked with getting an OS for the PC. He could have spent a few months writing one, but instead he paid a decent sum for one already written. If he had written his own, would that have made SCP any better off?

      I really don't see what 'unethical' thing Gates did. The real mistake was SCP selling their IP, instead of licensing it. A mistake which Gates was sure to not repeat.

    2. Re:You're getting there... by Rakarra · · Score: 1

      You're about to come back to me with some variation of the idea of fiduciary duty, which is simply restating the question. Why would they have a fiduciary duty to the stockholders?

      Our entire financial system of corporations is set up with this goal in mind. It's what enabled them to become so successful in the first place.

      When you get that answer, apply the principal to private dealings.

      No, private dealings and public ones play by different rules. A publicly-traded company gets certain benefits, but one of the costs of that is transparency. We can't have a trustworthy trading system otherwise.

    3. Re:You're getting there... by uninformedLuddite · · Score: 1

      I really don't see what 'unethical' thing Gates did.

      It doesn't matter at all. If you don't hate him a lot of people here won't play with you anymore.

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    4. Re:You're getting there... by Anonymous Coward · · Score: 0

      Insider trading is illegal to prevent people inside the company from artifically messing with the company for their own gain at the expense of shareholders ( who are part owners ) of the company by short selling,
      artifically inflating prices before a poor announcement, things like that. Not from speculating that the company is going to male $$$$ with the new secret sauce recipe.

  60. And that command is? by nukenerd · · Score: 1

    Believe it or not, I can still dual boot into MS DOS. Tell me the command and I'll get back to you with the result.

  61. Black square screen, white letters by LodCrappo · · Score: 1

    Obviously MSDOS was slavishly copied from CPM! How can you not see it?

    From 10 feet away, I can't tell which is which. MSDOS obviously used the black square screen in an attempt to fool customers into thinking they were buying CPM.

     

    --
    -Lod
  62. Paragraphs please by nukenerd · · Score: 1

    You post makes makes my eyeballs spin. I would not have read it if I had not caught the words that you knew Gary Kildall.

  63. It was legal at the time by jeko · · Score: 2

    We came up with the concept of a trust and passed laws against them (Sherman Anti-Trust Act, 1890) because we felt the behavior we were seeing, while not illegal in 1889, was wrong and should be prohibited. Enforcing the act had to wait for more than a decade until Roosevelt could get a court system that would act against the corporate interests. Indeed, the first application of the Act was to break Unions, not the trusts they were targeting.

    There were no underhanded dealings going on.

    OK, if you look up the definition and etymology of the word "underhanded," it means "something hidden" and "marked by secrecy." Literally, a hand under a table or cloak acting in a way not visible to all. This deal, where Gates had a hidden, secret agreement with IBM that Gary Kildall knew nothing about, was the walking definition of "underhanded."

    Note "underhanded" does not necessarily mean "illegal," and what scares me to death are the number of people in this thread who seem to conflate the words "legal" and "ethical." Forclosing on a 98-year-old widow might be legal, but it's not ethical. Taking in foster kids and then giving them just enough to get by so you can pocket the government stipend might be legal, but it's not ethical.

    The country-western singers have always argued that some men wear a mask when they rob, while other men wear a suit. They're not wrong.

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:It was legal at the time by bws111 · · Score: 1

      Again, Gary Kildall was approached by IBM BEFORE GATES WAS. He just couldn't be bothered to show up.

      More important, Gates did not have any dealings with Kildall. Gates bought qdos from SCP.

      Next, if this was such an awful deal for SCP, why did they make it? Did they think Gates was just dangling this money in front of them for fun? Or were they being greedy, thinking about how much money they were about to make selling a worthless OS to this dope?

      Last, what do you think Gates and SCP should have done? SCP was not exactly holding the crown jewels, they had a tiny OS that Gates could have simply rewritten if the terms were not what Gates wanted. Nobody, including Gates and IBM, had any idea of how big DOS was going to become. IBM thought so little of the potential of the PC that they spent almost nothing on it, protected none of it, and outsourced the software to an unknown. Not exactly the actions of someone who expects the market for that product to be huge.

  64. CP/M, Q-DOS, MS-DOS origins by Anonymous Coward · · Score: 0

    All of these operating systems were derived from RT-11, writtren for the DEC PDP-11, and other lean operating systems written for the PDP-10 and for other DEC minicomputers. The "PIP" command, which was in CP/M, was a universal way of moving data around the computer; it came right from DEC. In DOS it was expanded to various copy commands. You have to understand that before the PDP-8 and PDP-11, an "operating system" was a huge beast that armies of IBM programmers could just barely tame.

  65. We need the long form. by Kaenneth · · Score: 1

    No, an analysis is insufficient, we need to see the long form of the source code.

    What is Microsoft hiding?

  66. Ah, there's our confusion... by jeko · · Score: 3, Interesting

    Gates, at the time, did NOT know how much DOS was going to be worth

    OK, good, there's our problem and the source of our confusion. People have roundly condemned this deal because Gates knew EXACTLY how much DOS was going to be worth, down to the last dollar. What people have found so morally objectionable is that Gates already had the deal with IBM lined up by virtue of his mother's influence, and that he low-balled Kildall when Kildall did not know the entire story. Gates didn't look at Kildall's work and think, "Hmm, I bet I could sell this to someone," buy the program, take the risk, and then find a customer. People condemn this deal because Gates gave Kildall a haircut when there was NO risk, and by taking Kildall for a ride he would never have agreed to had everything been done aboveboard.

    People pair this story with the Woz's "Breakout" story, where Steve Jobs got Wozniak to work four days straight to finish "Breakout," without telling him that Atari was offering a $5,000 bonus. Woz finished the work, Steve pocketed the money.

    Neither story shows Gates or Jobs in a flattering light, and sometimes "being a sharp businessman" is just code for being a lousy human being.

     

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:Ah, there's our confusion... by bws111 · · Score: 2

      How the hell did Gates know EXACTLY how much DOS was going to be worth? That is one incredibly stupid statement. The value of DOS is determined by how many copies were sold, and NOBODY knew how many that was going to be. IBM was entering an existing market, and that market was not exactly huge. Prior to the introduction of the PC there had been about 1.8M personal computers sold, mostly by Apple, Atari, and Radio Shack. And the PC was not exactly cheap, it cost over $3K with monitor, etc (at the time a TRS-80 was going for about $600). In the course of the next decade, about 48M PC-type machines were sold.

      So for me to believe that Gates knew EXACTLY how much DOS was worth, you are going to have to convince me that Gates not only forsaw the success of the IBM PC, but also the entire clone market (that would up selling many more PCs than IBM did). No way.

    2. Re:Ah, there's our confusion... by madhi19 · · Score: 1

      Yeah if IBM or Gates had any inkling of how big the PC market would become you bet your ass they would have done thing differently starting with a lock on the BIOS. Just look at all the effort made by the same actors later to push out BIOS in favours of other "solution". Not to mention all the new computer like device that now have a locked bootloader. (Smartphones, Tablets, Windows 8 ARM device...)

    3. Re:Ah, there's our confusion... by uninformedLuddite · · Score: 1

      More evidence for the existence of John Titor and more ammunition to hate on M$ with. Win/win.

      --
      The new right fascists are bilingual. They speak English and Bullshit.
  67. SCP Microsoft 86-DOS license agreement by dgharmon · · Score: 2

    "MS will pay SCP $10,000 upon signing of this agreement Payment of the initial fee described in Paragaph 2(c), above and royalties called for under this Agreement shall be due within 45 days of the date MS invoices their customer for the product for which the initial fee or royalty is due" link

    --
    AccountKiller
  68. Re:He had information that both IBM and Brock lack by Dare+nMc · · Score: 1

    >Insider trading isn't "considered" illegal, it IS illegal
    Depends on how you trade on inside information, there are legal ways, and illegal ways see:
    https://en.wikipedia.org/wiki/Insider_trading

  69. IBM old antitrust lawsuit ? by dgharmon · · Score: 1

    "IBM signed the license agreement because of an old antitrust lawsuit regarding the bundling of their OS with their hardware (mainframes at the time). Had they done otherwise, they would have opened up a whole new can of worms. Besides, this was back in the days when people thought the real money was in hardware", crrkrieger"

    What lawsuit, how did they sell, and continue to sell their OS bundled with their own hardware. How does Apple do it? Please give verifiable citations?

    --
    AccountKiller
    1. Re:IBM old antitrust lawsuit ? by crankyspice · · Score: 1

      "IBM signed the license agreement because of an old antitrust lawsuit regarding the bundling of their OS with their hardware (mainframes at the time). Had they done otherwise, they would have opened up a whole new can of worms. Besides, this was back in the days when people thought the real money was in hardware", crrkrieger"

      What lawsuit, how did they sell, and continue to sell their OS bundled with their own hardware. How does Apple do it? Please give verifiable citations?

      The lawsuit was United States v. IBM, 69 Civ. 200 (S.D.N.Y. 1969); in a subsequent case, the Justice Dept. provided a good summary of it.

      Apple does it because the USDOJ hasn't sued them as a monopoly and forced them to unbundle. (The relevant 'market' is "personal computers," not "OS X personal computers," and Apple, while prominent, has nowhere near a monopoly position in the computer world -- unlike IBM circa the late 1960s.)

      --
      geek. lawyer.
  70. And here we're at the heart of the matter... by jeko · · Score: 2

    Gates' story is that Kildall "went flying" instead of meeting with IBM, and thus missed out on the opportunity due to sloth.

    Kildall's story is that Gates ripped him off.

    Hmm, truth is neither of us were in the room that day. We're left to decipher what happened in the context of history. Which story makes more sense? Was Gary Kildall a lazy, shiftless screw-up like Gates says? Have we ever seen other instances where Gates acted in a less-than-ethical manner? Which story fits better?

    BTW, Apple had made the future clear. IBM's Boca Raton project was going to be massively disruptive, which is why they had to run it from relative secrecy. If anyone from the mainframe side had heard about what was going on down in the Florida swamps, there would have been open civil war within the company.

    When Apple ran that full-page ad welcoming IBM to the market, the pundits said it was like the Christians welcoming the lions to the arena. The pundits were, for once, right. I was around at the time, and believe me, the IBM PC was long expected and about as risky a business proposition -- apart from the mainframe side that was about to get reamed -- as the only lemonade franchise in the desert.

    We had all been expecting the IBM PC for a long, long time. It was the "iPhone/JesusPhone" of it's day. Personally, the only way I see Gary Kildall blowing off IBM and then selling out to Gates for a pittance is if Kildall had been non compos mentis at the time due to a massive infusion of drugs or severe head injury.

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
    1. Re:And here we're at the heart of the matter... by bws111 · · Score: 1

      The "went flying" and "ripped off" stories are independent of each other. Whatever the reason (went flying, wouldn't sign an NDA, etc) IBM and Kildall did not make a deal (although Kildall claimed he met with IBM, IBM says he didn't). There is no indication Gates had anything to do with that.

      When IBM and Kildall didn't make a deal, IBM went to Gates for an OS. Gates bought QDOS from SCP and turned it into MS-DOS.

      Kildall later claimed that QDOS (which was written by SCP, not Gates) was a ripoff of CP/M.

      IBM offered CP/M as an OS on the PC, but nobody bought it.

    2. Re:And here we're at the heart of the matter... by Anonymous Coward · · Score: 0

      Was Gary Kildall a lazy, shiftless screw-up like Gates says?

      Yes. He was utterly terrible at running any business and fucked things up many times in his life.

      Have we ever seen other instances where Gates acted in a less-than-ethical manner?

      Sure.

      Which story fits better?

      Hard to say many versions of events all have equal plausibility.

  71. MS-DOS paternity suit settled. by dgharmon · · Score: 1

    "An overlooked court case in Seattle has helped restore the reputation of the late computer pioneer Gary Kildall .. Paterson "[took] 'a ride on' Kildall's operating system, appropriated the 'look and feel' of [Kildall's] CP/M operating system, and copied much of his operating system interface from CP/M."" link

    --
    AccountKiller
  72. Everyone foresaw the success of the IBM PC by jeko · · Score: 2

    Gates not only forsaw the success of the IBM PC

    I was there. EVERYONE foresaw the success of the IBM PC. No one ever got fired for buying IBM, remember? The IBM PC was long expected and highly anticipated. It was the closest thing to a sure bet as you ever get. The controversy wasn't over if the PC would be successful-- Apple had already demonstrated it was -- but over how much of IBM's mainframe business would be cannibalized by its introduction. When Apple took out a full-page ad welcoming IBM to the market, he pundits laughed, saying it was like the Christians welcoming the lions, and for once the pundits were right.

    The success, the clones, all of it didn't exactly take the Amazing Kreskin to foresee. It was pretty much common knowledge. You have to understand how dominant IBM was at the time. It had more control over the computing market in its day than Microsoft ever dreamed of. Bill's Mom had intimate inside knowledge of the company.

    Not only was none of this a dice roll, there weren't even dice on the board.

     

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
  73. Clarification by jeko · · Score: 1

    OK, just to clarify, I neither allow nor approve of either behavior and judge both attempts at feeding the baby brother a bug the same. :-) Perhaps I should have chosen my words more carefully.

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
  74. Me thinks CodeSuite forensic software is broke by Trax3001BBS · · Score: 1

    FTA: “Every lead brought me not to Bill Gates but to a dead end. QDOS was absolutely not copied from CP/M,
    and MS-DOS showed no signs of copying either."

    I would expect some similarities to pop up, but this statement says "it never happened". Some similarities does not
    a copy indicate, it's just the nature of the beast that there would be some.

  75. What about Bill Gates's birth certificate too? by FyberOptic · · Score: 1

    This entire situation as as close to the birther argument as you can get in the technology world. The only people who still try to make Bill Gates out at a thief are the same anti-Microsoft clowns you see out there berating modern Windows when they haven't used a Microsoft product since Windows 95.

    Everything is historically documented, but like with politics, the people slinging the mud hope that you never look at any facts. Microsoft obviously bought QDOS, which was initially much more like CP/M, and they modified it to give it a more modern feel (and eventually more features than CP/M). But more to the point, QDOS was x86-based, where as CP/M was primarily being developed around Z80 systems at the time. The assembly code is obviously not compatible. And if the original QDOS creator had written a PLM compiler to rip off the CP/M source that way, it would have been so easily identifiable that they would have discovered this even back in the 80s. But even then, the QDOS developer would have been the thief, not Microsoft.

    And much to the chagrin of the Microsoft haters, it's the changes Microsoft made to QDOS which helped make MS-DOS such a success (combined with IBM hardware). If you've ever used CP/M, you would know that its commands were not very logical or self-explanatory to the average user. So what Microsoft did was essentially take an archaic OS and turn it into something that the average person could easily learn and use (not to mention the improvements over CP/M which would also come), and they were very successful for it. Not to mention, they did it on the x86 platform, which was the then-technologically superior platform over what had previously been a Z80-dominated area. Plenty of people will try to dispute that, mostly out of nostalgia, but try taking that up with a a developer, when they were the one having to cram a large program into banked memory on a Z80 compared to the freedom the x86 provided at the time. x86's segmented memory may have later been reviled, but at the time it was a great step forward, and one which helped Microsoft dig its feet in that much deeper.

    Thing is, even with this information being released about DOS, it will still be disputed, people will still find ways to hate on Microsoft even if it's completely unjustified, etc. In another few years we'll revisit this subject yet again, since this is certainly not the first time the claim has been made, and it won't be the last.

  76. How things work by tepples · · Score: 1

    HOW THINGS WORK is the subject of Utility Patents, not copyright.

    I agree; hence U.S. Patent 5,265,888 (now believed expired) on the game of Dr. Mario. But as for Tetris, why didn't the judge consider the shapes that the player is allowed to use, and how the player is allowed to move them around, to be part of "HOW THINGS WORK"?