Home > SCO > SCO’s Chief Takes Linux Beef To Japan SCO’s Chief Takes Linux Beef To Japan Adam Scheinberg 2003-07-07 SCO 42 Comments SCO CEO Darl McBride has travelled to Japan to conduct a series of coversations with Japanese companies in an effort to share his views on Linux, presumably to convince them to hold off on any Linux implemenations. Yahoo has the article. About The Author Adam Scheinberg Vice President, Information Technology at Massey Services, Inc • President, Board Member, The Mockingbird Foundation • All Things Web, Umphrey’s McGee • Web Developer • Father • Foodie • Music Snob • OS enthusiast Follow me on Twitter @sethadam1 42 Comments 2003-07-07 4:02 pm has another bitch to do his dirty work. 2003-07-07 4:04 pm …how much money do you think Enderle pocketed to bad-mouth Linux? Or is it a personal axe he’s got to grind? Meanwhile, I don’t think Mr. McBride will do to well in Japan – not if he keeps the same aggressive attitude he’s displayed so far towards the Linux community. Japanese businessmen do not respond well to threats. Then again, maybe he feels that he’s now got a better change of being bought out than he had with IBM… 2003-07-07 4:11 pm obviously bill did this so we could all spend out time hating sco and maybe hate microsoft a little less… but anyway… its all a waste of time… they’re just pissed off cause their business model is evaporating… 2003-07-07 4:18 pm What if their claims turn out to be true? The Linux community doesn’t seem to be considering that idea. This is a real threat to Linux. The code can be patched but the damage done will be greater. 2003-07-07 4:24 pm It is hard to seriously consider the claimss of SCO when they change them every week. They even mentioned that every third line of the “core module” of linux (Whatever that is) is copied from SCO. How can you take this seriously? And given the sorry state of the SCO Unix offering, even if there has been some SCO code in Linux in the past, it has probably been yanked out for quality reasons. 2003-07-07 4:33 pm …how much money do you think Enderle pocketed to bad-mouth Linux? Or is it a personal axe he’s got to grind? Rob Enderle is nothing but a propaganda machine for M$. So is DiDio, but I think she is less so than Enderle. http://www.gigaweb.com/analysts/0,2206,strComp%253Dcoverage~*~@… Read this part: His current client activities include helping companies work with Microsoft, anticipate future changes in personal computing technology The fact that he makes $$$ off of MS products alone doesn’t mean he’s MS FUD machine, but he recently wrote an idiotic anti-Linux article (for Forester, I believe). He’s basically Bill Gates’ bitch, as far as I understand. Funny non-lawyers and non-programmers suddenly become professional analysts and their words carry so much credibility thanks to SCO’s dirty tactics. McBride’s visit will fail for sure. The Japanese companies have their own way of doing the business, and they hate American A-hole businessmen like the one they are about to meet. I don’t think any of the Japanese guys would sign Darl’s stupid NDA to see the code. They all have a long history in the business. Unlike the stranger from Utah, they all know what they are doing. 2003-07-07 4:45 pm “Oh, no, Mr. Japanese Business Giant, don’t purchase this cheap Linux…liscense my expensive product instead!” On a side note, has anyone considered that the code in question might have been incorporated into UNIX from Linux? This happened with UNIX under AT&T, which (it was proven) had some stolen code taken from the BSD family. SCO must prove more than duplicate code: they must prove that this code originated under UNIX. I see rocky times ahead…. 2003-07-07 4:46 pm I agree with tuttle. There are no “really” serious claims here. It is of course frightening to the corporate world that anything could wind up in a court of law with outside counsel billing $500 – $600 and hour. But, the legitimacy of the claims is far fetched. Of course if you are a business that is about to fail, (e.g. SCO), and in general you have an aggresive “jerk-off” CEO, like 95% of the companies out there, then you’d happly turn over any redeemable assets to the legal profession as oppossed to your shareholders. It’s a “tried and true” option that has been used a number of times in recent history. I just wish SCO would get into court with IBM so they could hurry up and get it resolved. Unfortunately, SCO has every incentive to drag this out as long as possible and keep themselves in the press. Look how much it’s done for the value of SCO’s shares since the announcement. Yet another bubble waiting to burst. 2003-07-07 4:49 pm This guys business approach started the day he “took” office under suspicious happenings. He began to formulate his business plan then. You are now seeing the results of his year of planning. His approach is the 2nd to the last of the dinosaurs struggling in the tarpits of doom. One last gasp before his proprietary approach sinks under. After his head goes under there will only be one large dinosaur left. Even that one will sink. 2003-07-07 5:01 pm You can ask: “What if their claims turn out to be true?” Better to ask: “What if SCO can buy/convince the legal system and get them to agree that the claims are true, whether they are or not?” Remember, there is no way for LInux developers to actually *know* what SCO is using to make those claims; e. g., what proof would *Linux* developers have about the actual directoin of clde travel if they cannot see what SCO is using for “source code?” 2003-07-07 5:07 pm LAsuit: I disagree… SCO doesn’t want to hurry up in court cause as long as they drag this out legal bills will drag on… IBM has enough money to go virtually for ever. SCO is gonna want to get this over with fast and either win or go on to a different company to sue. but then again… ianal… 2003-07-07 5:08 pm Rob Enderle’s anti-linux article. He has an interesting view of himself in it. http://www.internetweek.com/story/showArticle.jhtml?articleID=10700… 2003-07-07 5:16 pm well, the SCO people like drama. But even drama has its limits, and sooner than later, the SCO way of doing things will loose its shock value. SCO is shooting themselves in the foot. With the way they are going, even people who would have otherwise taken them seriously are begining to wonder if it is worth the trouble. Let them huff on. After they are done huffing, we will see them in court. And kudos to IBM for so far handling the idiots with style. 2003-07-07 5:16 pm You make a reasonable point andy. But remember, if SCO loses the IBM case, (highly likely IMHO), they’re history. I’d doubt if you’d see anymore lawsuits from SCO. Without any “fungible assets”, not lawyer will touch them. 2003-07-07 5:27 pm I think the more pertinent question is: What if their claims turn out to be false? The analysts don’t seem to be considering that idea. 2003-07-07 5:44 pm Actually, the Linux community is considering the possibility that the claims might be true. Even if that was the case, what SCO should have done is notify Linus or the appropriate project manager of the presence of the stolen code, so that it could be replaced ASAP. After all, that’s the normal way you take care of IP issues (cease & desist). When you’re a money-hungry company of incompetents whose claim to fame is software developed by others, then I guess you do like SCO. What if SCO’s allegations are true? Well, then I guess IBM gives them money, while Linus and his gang replace the offending code…Linux goes one unhindered. 2003-07-07 6:04 pm Do we really have to know where he goes and what for? Why grant so much visibility to SCO? The less I hear about them, the better my day. 2003-07-07 6:08 pm I am sure that the Japanese will have a very hard time conversing with McBride because I suspect there are not too many people in Japan who speak McBride’s native language “dumbass”. 2003-07-07 6:13 pm perhaps there’s Linux code in UNIX? Could happen. There was BSD code in UNIX. I want to see this go to court. If there is GPLed code in UNIX I would hope that the courts would force the UNIX source to be released under the GPL. How’s that for viral. GNU’s not UNIX, until UNIX becomes GNU. Let’s see, that’s GNUUUBG. 2003-07-07 6:27 pm “Hello, my name’s McBride… This is my brother Darl… and my other brother Darl….” 2003-07-07 6:41 pm What if their claims turn out to be true? The Linux community doesn’t seem to be considering that idea. Oh, don’t worry, some people do: http://www.cybersource.com.au/users/conz/linux_vs_sco_matrix.html Anyway, this has nothing to do with IBM… or with BSD vs AT&T in 1993. If IBM violated their contract with SCO, it’s their problem, not ours. If somebody stole UNIX code and put it in Linux, it doesn’t mean that Linux is necessarily a Unix OS that SCO could charge licences for as long as we remove the offending code. It doesn’t make IBM or any other distributer liable either. If SCO can use the “ignorance” clause to say that the UNIX code doesn’t necessarily become GPL’d if it’s in Linux, they can use it to prove that they don’t know that what they were distributing was illegal. Of course, that’s my opinion, and it can differ from a money-hungry lawyer… And for BSD vs AT&T, well, BSD was an organisation. Linux doesn’t really have one. 2003-07-07 7:08 pm I, for one, really really hope that SCO wins this battle and crush the viruslicensed Linux once and for all… Go McBride Go!!! 2003-07-07 7:17 pm Yawn… another BSD zealot… if SCO wins, what’s to stop them from going after BSD next? As for virus licensing, if you don’t like the fact that there is code out there covered by the GPL, then WRITE YOUR OWN GODDAMN CODE! 2003-07-07 7:26 pm “Do we really have to know where he goes and what for? Why grant so much visibility to SCO? The less I hear about them, the better my day.” I feel the same way, but if I took that attitude about my personal property, me and my loved-ones would probably be sick from whatever weeds decided to invade. American politics and law are deteriorating, and such deterioration always seems to bring out characters like the Sco Group, who are quite happy to take advantage of that deterioration. Even on this list, there are people who would be happy to see SCO succeed in court, simply because they don’t like volunteerism of any kind, nor collectivism. They would be willing to see more and more of our rights usurped and sold to huge corporations like Microsoft, Disney, or the 5 record companies if it would improve their stock portfolios. If you want to keep your freedom, you must be ever vigilant of those who would take it from you, especially to enhance their own personal wealth. It is vital that we always drag such people out into the light, so their schemes may be exposed and seen for what they are. Little people trying to make themselved bigger under the power of gold. 2003-07-07 8:04 pm Oh, and before somebody writes that BSD already “won” against UNIX (AT&T/USL)… The case was settled outside the court and many specific details & agreements were never disclosed to the public, so we don’t know what could happen if SCO tries again. 2003-07-07 8:19 pm McBride wont do well in Japan, many reason 1) somebody already said it, Japanese do not take well to threats 2) Japans IP laws are nonexistant, that is why he isnt attacking turboLinux, like he has SuSE and Red Hat. That is also why Bill Gates does not open up the Windows source code to the Japanese government like he has other third world governments 3) He will actually have to provide proof, the Japanese do not take anything by word of mouth alone. 4) He is doing it because the japanese are the ones who are really moving behind the Linux momentum and he wants to cut Linux off at the knees, it may work some but i doubt it. You may have 1 or 2 who will back off some, but not many. 5) If he thinks being fluent in Japanese will help him, he better think again. While impressive they probably wont bat an eyelash. 6) Darl enjoy the scenery in the land of the rising sun, because sight seeing is about the only thing you will probably accomplish. 2003-07-07 8:46 pm That is also why Bill Gates does not open up the Windows source code to the Japanese government like he has other third world governments I never knew that Japan was a “third world government”, thanks for the tip. 2003-07-07 9:22 pm SCO has just completely overhauled its certificate of corporation and bylaws. I believe that many of the changes are in the ‘indemnification’ section — indemnifying officers for anything they do ‘on behalf of the company’ Specifically quoted from their FORM 8-A/A SEC filing. Last sentence of page 3 in the Bylaws section: “The Bylaws also provide that the Company will indemnify officers and directors against losses that they may incur in investigations and legal proceedings resulting from their services to the Company,” http://www.sec.gov/Archives/edgar/data/1102542/000104746903023479/0… 023479-index.htm 2003-07-07 9:28 pm The thing he will accomplish is about 5 articles every day of July stating that Darl went to Japan and showed prove that Linux is full of IP-violations and that users …. bla bla bla … and you should better talk to your lawyer … bla bla bla. Even in August and September you will see this articles written by experts of the press without questioning the truth about the allegations. And their shares goes up from 11$ now to 13$. I wish and hope that these Japanese (if they don’t agree) start their own press-worm and 1000 articles in the press will state that they think that Darl smokes to much Drugs and “the smoking gun” he showed is a fucking joke (well in a better language that the press likes) and i hope their shares go down again from 13$ back to their real value 0.02$ Damn! It doesn’t matter if they talk shit or didn’t proved anything. Their shares goes up and up and up and the press keep repeting their unproved talk. When will this change? I want bad press for Sco all over the god damn internet. 2003-07-07 9:38 pm Yawn… another BSD zealot… if SCO wins, what’s to stop them from going after BSD next? As for virus licensing, if you don’t like the fact that there is code out there covered by the GPL, then WRITE YOUR OWN GODDAMN CODE! I thought that was what the case is all about, that Linux zeals actually hasn’t written their own code *LoL* I rather just stick not to using the GPL code mate =) 2003-07-07 10:26 pm Reading the article by Enderle caused me to repeatedly close my mouth manually… I just couldn’t shut it the way it normally does… Does this guy really think someone with *real* brains do actually believe what he is writing? Man, I’ve read (too) much, but this is the mother of all nonsense-articles I have ever read. OK, this is true: there _are_ Linux-zealots (just as there are Microsoft-, Apple-, BeOS- ,etc- zealots). But for the most of it: crap. There are three possible conclusions: 1. Mr. Enderle writes the truth. In that case, he has to provide much more background information than he now does. He makes way too much statements which he doesn’t backup with (links to) explaining information. 2. Mr. Enderle was under influence of some dope. That would explain the *logical* conclusions and the *coherent* storyline. 3. Mr. Enderle was forced to write an article. That would explain the aura of “grab-together-everything-you-can-find-about-anti-linux” that surrounds the article. If you wanna read the article, a link to it is provided two pages back (1-15). Have fun! To Mr. Enderle: I believed you when I read your statement about “one out of 3 lines of the core of the linux-kernel are SCO-property”. But don’t write articles like this one, it reveals too much of the real value of your words. 2003-07-08 1:31 am … Japans IP laws are nonexistant, that is why… Actually, they exist. IP cases are just tough to prove under the Japanese judicial system, since lawyers/engineers know work-around. Believe it or not, M$ sued Hit*chi in the past and successfully won the case, making them to pay damage$ over years. … If he thinks being fluent in Japanese will help him, he better think again… I highly doubt his Japanese is “fluent” enough to be understood by the Japanese brasses. With his half-ass language and dumb-ass evidences, he will make a great comedian in front of the disciplined Japanese execs at best. Someone needs to videotape the show. I start to think this whole thing is “SCO Bling-bling Circus Japan tour” and making a best clown is McBride’s real intention, as he is the honcho of the SCO clowns. 2003-07-08 3:03 am You obviously talk without knowing, and you should consider using, for example, Google, before saying stupid things and becoming ridiculous to all. All papers from the AT&T Suit vs BSD are available, including the settlement itself. You will find a mirror of those files on my web site. Now if you are somewhat clever, you will find it. 2003-07-08 5:02 am >The code can be patched but the damage done will be greater. How can the code be patched if SCO doesn’t tell us what the code actually is? Bit shortsighted to say that, hm? 2003-07-08 8:21 am Because the only beef Japan is rejecting right now is Canadian beef. 2003-07-08 8:30 am Face it, SCO’s so out of it in relation to Linux the chance of him not taking a BSEd SCO beef with Linux to Japan are infinitessimally small – you could split a quark on the difference. Hopefully the Japanese have decent border controls. 2003-07-08 1:34 pm bring your saki (sp?) boys and girls. Mcbride is bringing the slam and FUD show to japan. Get tickets fast or you might miss his opening speech. “the virtues of suing to oblivion.” His second speech is the real kicker though: “in america you can sue and defame with no proof.” that one is subtitled america’s failed legal system, come on in everyone screws everyone. CAn you tell i hate lawyers. I remember what the japanese said to the US automakers in the late 80’s. they said US carmakers must focus on the business of making cars and not on being financial houses (a reference to GM and fords acqusistions). Mcbride should stop masquerading as a manager. He is not. He should just go to law school and admit what he is. A tech ambulance chaser. I doubt the japanese will have much respect for mr mcbride. 2003-07-08 1:44 pm The suit was settled after AT&T’s request for an injunction blocking distribution of BSD was denied in terms that made it clear the judge thought BSD likely to win its defense. The University of California then threatened to countersue over license violations by AT&T and USL. It seems that from as far back as before System V Release 4 in 1985, the historical Bell Labs codebase had been incorporating large amounts of software from the BSD sources. The University’s cause of action lay in the fact that AT&T, USL and Novell had routinely violated the terms of the BSD license by removing license attributions and copyrights. The exact terms of final settlement, and much of the judicial record, were sealed at Novell’s insistence. The key provisions are, however, described in Twenty Years of Berkeley Unix: From AT&T-Owned to Freely Redistributable, [McKusick99]. Only three files out of eighteen thousand in the distribution were found to be the licit property of Novell (and removed). The rest were ruled to be freely redistributable, and continue to form the basis of the open-source BSD distributions today. Source: http://www.opensource.org/sco-vs-ibm.html#id2852840 I could google more sources if that one doesn’t make you happy. You will find a mirror of those files on my web site. Now if you are somewhat clever, you will find it. I found it, and I saw nothing on it talking about this (and I don’t have time to waste on searching NetBSD’s website). I guess I’m not l33t like you are. 2003-07-08 2:13 pm ….I’ve seen postings like this over and over again, but very few, and never yet have I seen anyone offer a constructive way to make use of them. Not that I can offer any, but SCO leaders’ behavior is looking more and more shady, don’t you think? I hope to Hell IBM is able to make use of that info, when the time comes. The more I watch this, the more evil those SCO people look to me. 2003-07-08 2:32 pm Obviously Bill Gates has been keeping a watchfull eye on Rob with Microsoft House 2003. Rob spends his free time building custom personal computers, hot rodding his wife’s car, and trying to figure out his house, which is fully automated and was recently converted to solar power. 2003-07-08 3:10 pm > What if their claims turn out to be true? The Linux community doesn’t seem to be considering that idea. The implications of this go far far far beyond the Linux community. There’s no sane way SCO could ever win without doing serious damage to the way business is done in the US, not to mention the US legal system. It’s really time we made lawyers get a real job and join the ranks of those who are truly productive and stop being the leeches they currently are. 2003-07-08 8:09 pm “It’s really time we made lawyers get a real job and join the ranks of those who are truly productive and stop being the leeches they currently are.” Remember Della Croche and the Linux Trademark snafu? His lawyer bailed on him when it became clear that the whole case was a complete farce, hatched by a person who wanted to make some fast money on the word “Linux.” That should never have happened: the US Patent and Trademark Office should have never issued Croche that trademark in the first place. PTO seems to be a terribly low-budget operation, but they wind up looking like a bunch of crooks and dimwits. For heaven’s sake, they issued someone once a software patent for using PWM (pulse-width modulation) to send somewhat-recognizable audio to the original PC speaker system. But there’s no other way to do that. Where are their brains?