|By Kevin Bedell||
|August 11, 2003 12:00 AM EDT||
LWM was able to catch up with Eric on the day of the Novell announcement that SCO did not own the patents or copyrights to Unix.
LWM: In a nutshell, what exactly is SCO trying to do?
esr: What they were trying to do, I think, was shake IBM down for a payoff or a buyout offer. That has blown up in their face, especially now that Novell has made a public statement that all but accuses SCO of lying about the disposition of the IP. But now they have to play this losing hand out to the end - because admitting that they knew they didn't have a real case to begin with might land their management in jail for fraud and harassment.
LWM: So tell me about the position paper you developed. Why did you and Rob Landley write it?
esr: I was trying to do two things really. One, I was trying to give IBM ammunition. Two, I knew the open source community would have to respond to SCO's attack sooner or later, and that it would be better if it was sooner - before SCO's propaganda (if any) had time to take hold.
But part of why I was upset didn't have anything to do with Linux. I'm actually an old Unix developer - back to 1982. I wasn't one of the original developers of Unix (though I've contributed code to Linux and the BSD Unixes), but I know those guys and they know me. The SCO complaint was insulting. It was SCO claiming that they owned all the code that we wrote - and then using that claim to harm Linux.
LWM: What's happening with your "No Secrets" effort?
esr: I'm trying to prove that the proprietary Unix vendors don't have any trade secrets. Right now I have enough people willing to sign affidavits about having uncontrolled read access to Unix source code that I can show there's been a pervasive failure to enforce even the minimum level of nondisclosure required to maintain trade secrecy. Thousands of people who have seen the Unix source code were never under nondisclosure. This is the kind of evidence that destroys trade-secrecy status.
If SCO continues, I'll get enough signed affidavits to prove that they have no trade secrets.
This is also an attempt to send a powerful message to potential future litigants: it's not safe to mess with the open source community because we can bite back.
LWM: And what is IBM's position on all this?
esr: You'll have to ask IBM that. I'm their ally in this, not their spokesperson.
LWM: For readers who may be unfamiliar with your work in this area, can you share some of your background with open source and Linux?
esr: I wrote the foundational paper on open source development, ran the meeting where the term "open source" was invented, and have been one of the community's principal ambassadors to the rest of the world for the last five years. I am the president of the Open Source Initiative, one of the community's two leading advocacy organizations.
LWM: What is the position of the Open Source Initiative on this issue?
esr: We believe SCO's claims are utterly without merit. In much of their complaint they seem to be, plainly and simply, lying through their teeth. We have published a detailed rebuttal at www.opensource.org/sco-vs-ibm.html. It looks even stronger than it did in light of Novell publicly announcing that they, not SCO, own the Unix patents.
LWM: So, who owns Unix?
esr: Legally, it's very unclear. Novell holds the patents. The OpenGroup owns the trademark. The copyrights are in some weird limbo - first Novell came out and said they owned them, but SCO now claims to own them under the terms of Caldera's deal with Novell and Novell is keeping mum. The one thing we do know is that the transfer of the copyrights (if any) was never recorded with the U.S. Patent and Trademark Office. That has interesting legal implications, and may be the reason SCO hasn't come out and made an explicit copyright-infringement claim in the lawsuit.
Ethically, OSI's position is that Unix belongs to the distributed development community that wrote it. SCO's threats broke the tacit understanding that kept us from asserting this for 30 years. It used to be that we agreed not to fuss over the fact that AT&T or Unix Systems Labs or Novell or SCO were claiming to own the code as long as they agreed not to fuss over the fact that every senior Unix developer had a technically illicit copy of the source code in his hip pocket.
Everybody took code from everybody. AT&T used Berkeley and Xenix code and got called on it during a 1993 lawsuit. Truth is, the rights picture is so tangled that nobody's theory of ownership would stand close scrutiny of the source code's history. The law of intellectual property doesn't handle this kind of situation well. The equitable thing to do would be to just give up, throw it open, and admit it belongs to the hackers.
LWM: What do you see as the potential downside risk for companies using Linux? Will SCO try to sue everybody?
esr: The risk dropped to zero last May 28 with Novell's announcements. SCO's response (http://biz.yahoo.com/prnews/030528/law059_1.html) basically admitted they've got no grounds to sue anybody but IBM.
SCO have since changed their minds, but I think this is just bluster. Furthermore, the various lawyers I've talked with agree that it's just bluster. When you think you have a strong case in court, you don't fight it in the media. SCO would scare me worse of they weren't huffing and puffing.
LWM: If you were a manager in a company considering using Linux for a first project, would this lawsuit impact your decision to give Linux a try?
esr: Not at all. Ignoring the occasional FUD storm is part of the job.
LWM: In your book The Cathedral and the Bazaar you describe the Linux development process as being like a bazaar, where all kinds of people with all kinds of interests are developing different pieces. Is Linux development still that way? How has it changed?
esr: If it has changed, it has changed by becoming more conscious and better organized. I played a part in that by giving people language with which to reflect on what they're doing.
LWM: What do you think will happen with this suit? Any idea how long it might be before it becomes clear what's going to happen?
esr: They can't win, not in front of a judge with any brain cells operating - and the word on His Honor Dale Kimball is that he's a sharp guy. Timeframe? Who knows. These things can drag on for years.
LWM: How can the Linux community ensure that Linux stays free of IP claims in the future? Can there be a process instituted that ensures this doesn't happen again?
esr: See my "No Secrets" page for an example of what network activism can do (www.catb.org/~esr). I've collected nearly 100 responses, with at least 40 people willing to sign affidavits. I think we can prove that there are no trade secrets in Linux. I think we can use the same methods to turn up prior art in patents cases.
LWM: Switching gears a bit, in the IBM -v- SCO analysis on the OSI Web site (www.opensource.org/sco-vs-ibm.html), you referred to a "seismic shift" occuring right now in the software industry. Can you explain what you meant?
esr: I already have. Readers should go to www.opensource.org/sco-vs-ibm.html#seismic for the story.
LWM: Will all applications eventually be open sourced? Which kinds might not?
esr: I don't think it will be all - there are economic circumstances in which closed source makes sense, though they're not common. I think "most" is a fairly safe bet, though. I've discussed this at length in my paper "The Magic Cauldron."
LWM: What will the software industry look like in five years?
esr: A lot like the legal profession does now, I think. Independent software firms will be like law firms, partnership organizations of professionals. Other programmers will work in-house at corporations the way that corporate lawyers do now. Programmers in general will be operating from a common open source base; secrecy will be a feature mainly of legacy software.
Regarding outsourcing and offshore development - one thing you can't outsource is getting inside a customer's mind. You can't move face-to-face, person-to-person communications and design offshore. You can outsource cookie-cutter code, but I predict a lot of companies are going to discover they're paying for large portions of code that don't match their requirements.
One of the things we know is that the most effective ways of writing software involve a series of interactions - a succession of prototypes - using continuous feedback. You can't do that if your customer's in Teaneck, New Jersey, and your developers are in Bangalore.
About Eric S. Raymond
Eric S. Raymond is an observer-participant anthropologist in the Internet hacker culture. His research has helped explain the decentralized open source model of software development that has proven so effective in the evolution of the Internet. His own software projects include one of the Internet's most widely used e-mail transport programs.
|Tim Gwyther 02/26/04 10:13:15 AM EST|
So who really owns Unix?
|Chuck Talk 09/29/03 08:32:30 PM EDT|
Unix is a trademark of the Open group, and is a set of specifications which SCO holds nothing on. Who owns UNIX? Not SCO.
|Autosea 09/27/03 09:20:39 AM EDT|
Unix belongs to everyone who has made contributions to it.
GENBAND has announced that SageNet is leveraging the Nuvia platform to deliver Unified Communications as a Service (UCaaS) to its large base of retail and enterprise customers. Nuvia’s cloud-based solution provides SageNet’s customers with a full suite of business communications and collaboration tools. Two large national SageNet retail customers have recently signed up to deploy the Nuvia platform and the company will continue to sell the service to new and existing customers. Nuvia’s capabilities include HD voice, video, multimedia messaging, mobility, conferencing, Web collaboration, deskt...
Mar. 29, 2015 01:00 AM EDT Reads: 1,428
The WebRTC Summit 2014 New York, to be held June 9-11, 2015, at the Javits Center in New York, NY, announces that its Call for Papers is open. Topics include all aspects of improving IT delivery by eliminating waste through automated business models leveraging cloud technologies. WebRTC Summit is co-located with 16th International Cloud Expo, @ThingsExpo, Big Data Expo, and DevOps Summit.
Mar. 28, 2015 11:00 PM EDT Reads: 1,518
SYS-CON Media announced today that @WebRTCSummit Blog, the largest WebRTC resource in the world, has been launched. @WebRTCSummit Blog offers top articles, news stories, and blog posts from the world's well-known experts and guarantees better exposure for its authors than any other publication. @WebRTCSummit Blog can be bookmarked ▸ Here @WebRTCSummit conference site can be bookmarked ▸ Here
Mar. 28, 2015 08:00 PM EDT Reads: 1,763
SYS-CON Events announced today that Cisco, the worldwide leader in IT that transforms how people connect, communicate and collaborate, has been named “Gold Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Cisco makes amazing things happen by connecting the unconnected. Cisco has shaped the future of the Internet by becoming the worldwide leader in transforming how people connect, communicate and collaborate. Cisco and our partners are building the platform for the Internet of Everything by connecting the...
Mar. 28, 2015 07:00 PM EDT Reads: 5,170
Temasys has announced senior management additions to its team. Joining are David Holloway as Vice President of Commercial and Nadine Yap as Vice President of Product. Over the past 12 months Temasys has doubled in size as it adds new customers and expands the development of its Skylink platform. Skylink leads the charge to move WebRTC, traditionally seen as a desktop, browser based technology, to become a ubiquitous web communications technology on web and mobile, as well as Internet of Things compatible devices.
Mar. 28, 2015 06:00 PM EDT Reads: 1,798
SYS-CON Events announced today that robomq.io will exhibit at SYS-CON's @ThingsExpo, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. robomq.io is an interoperable and composable platform that connects any device to any application. It helps systems integrators and the solution providers build new and innovative products and service for industries requiring monitoring or intelligence from devices and sensors.
Mar. 28, 2015 06:00 PM EDT Reads: 1,440
Wearable technology was dominant at this year’s International Consumer Electronics Show (CES) , and MWC was no exception to this trend. New versions of favorites, such as the Samsung Gear (three new products were released: the Gear 2, the Gear 2 Neo and the Gear Fit), shared the limelight with new wearables like Pebble Time Steel (the new premium version of the company’s previously released smartwatch) and the LG Watch Urbane. The most dramatic difference at MWC was an emphasis on presenting wearables as fashion accessories and moving away from the original clunky technology associated with t...
Mar. 28, 2015 06:00 PM EDT Reads: 1,326
SYS-CON Events announced today that Akana, formerly SOA Software, has been named “Bronze Sponsor” of SYS-CON's 16th International Cloud Expo® New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. Akana’s comprehensive suite of API Management, API Security, Integrated SOA Governance, and Cloud Integration solutions helps businesses accelerate digital transformation by securely extending their reach across multiple channels – mobile, cloud and Internet of Things. Akana enables enterprises to share data as APIs, connect and integrate applications, drive part...
Mar. 28, 2015 04:15 PM EDT Reads: 1,510
Docker is an excellent platform for organizations interested in running microservices. It offers portability and consistency between development and production environments, quick provisioning times, and a simple way to isolate services. In his session at DevOps Summit at 16th Cloud Expo, Shannon Williams, co-founder of Rancher Labs, will walk through these and other benefits of using Docker to run microservices, and provide an overview of RancherOS, a minimalist distribution of Linux designed expressly to run Docker. He will also discuss Rancher, an orchestration and service discovery platf...
Mar. 28, 2015 04:15 PM EDT Reads: 2,406
SYS-CON Events announced today that Vitria Technology, Inc. will exhibit at SYS-CON’s @ThingsExpo, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Vitria will showcase the company’s new IoT Analytics Platform through live demonstrations at booth #330. Vitria’s IoT Analytics Platform, fully integrated and powered by an operational intelligence engine, enables customers to rapidly build and operationalize advanced analytics to deliver timely business outcomes for use cases across the industrial, enterprise, and consumer segments.
Mar. 28, 2015 03:30 PM EDT Reads: 2,149
SYS-CON Events announced today that Solgenia will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY, and the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Solgenia is the global market leader in Cloud Collaboration and Cloud Infrastructure software solutions. Designed to “Bridge the Gap” between Personal and Professional Social, Mobile and Cloud user experiences, our solutions help large and medium-sized organizations dr...
Mar. 28, 2015 03:00 PM EDT Reads: 2,760
SYS-CON Events announced today that Liaison Technologies, a leading provider of data management and integration cloud services and solutions, has been named "Silver Sponsor" of SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York, NY. Liaison Technologies is a recognized market leader in providing cloud-enabled data integration and data management solutions to break down complex information barriers, enabling enterprises to make smarter decisions, faster.
Mar. 28, 2015 03:00 PM EDT Reads: 3,415
Cloud is not a commodity. And no matter what you call it, computing doesn’t come out of the sky. It comes from physical hardware inside brick and mortar facilities connected by hundreds of miles of networking cable. And no two clouds are built the same way. SoftLayer gives you the highest performing cloud infrastructure available. One platform that takes data centers around the world that are full of the widest range of cloud computing options, and then integrates and automates everything. Join SoftLayer on June 9 at 16th Cloud Expo to learn about IBM Cloud's SoftLayer platform, explore se...
Mar. 28, 2015 02:00 PM EDT Reads: 1,606
@ThingsExpo has been named the Top 5 Most Influential M2M Brand by Onalytica in the ‘Machine to Machine: Top 100 Influencers and Brands.' Onalytica analyzed the online debate on M2M by looking at over 85,000 tweets to provide the most influential individuals and brands that drive the discussion. According to Onalytica the "analysis showed a very engaged community with a lot of interactive tweets. The M2M discussion seems to be more fragmented and driven by some of the major brands present in the M2M space. This really allows some room for influential individuals to create more high value inter...
Mar. 28, 2015 12:45 PM EDT Reads: 4,629
The world's leading Cloud event, Cloud Expo has launched Microservices Journal on the SYS-CON.com portal, featuring over 19,000 original articles, news stories, features, and blog entries. DevOps Journal is focused on this critical enterprise IT topic in the world of cloud computing. Microservices Journal offers top articles, news stories, and blog posts from the world's well-known experts and guarantees better exposure for its authors than any other publication. Follow new article posts on Twitter at @MicroservicesE
Mar. 28, 2015 12:00 PM EDT Reads: 1,405
SYS-CON Events announced today the IoT Bootcamp – Jumpstart Your IoT Strategy, being held June 9–10, 2015, in conjunction with 16th Cloud Expo and Internet of @ThingsExpo at the Javits Center in New York City. This is your chance to jumpstart your IoT strategy. Combined with real-world scenarios and use cases, the IoT Bootcamp is not just based on presentations but includes hands-on demos and walkthroughs. We will introduce you to a variety of Do-It-Yourself IoT platforms including Arduino, Raspberry Pi, BeagleBone, Spark and Intel Edison. You will also get an overview of cloud technologies s...
Mar. 28, 2015 11:00 AM EDT Reads: 2,032
SYS-CON Events announced today that SafeLogic has been named “Bag Sponsor” of SYS-CON's 16th International Cloud Expo® New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. SafeLogic provides security products for applications in mobile and server/appliance environments. SafeLogic’s flagship product CryptoComply is a FIPS 140-2 validated cryptographic engine designed to secure data on servers, workstations, appliances, mobile devices, and in the Cloud.
Mar. 28, 2015 11:00 AM EDT Reads: 1,375
Containers and microservices have become topics of intense interest throughout the cloud developer and enterprise IT communities. Accordingly, attendees at the upcoming 16th Cloud Expo at the Javits Center in New York June 9-11 will find fresh new content in a new track called PaaS | Containers & Microservices Containers are not being considered for the first time by the cloud community, but a current era of re-consideration has pushed them to the top of the cloud agenda. With the launch of Docker's initial release in March of 2013, interest was revved up several notches. Then late last...
Mar. 28, 2015 09:15 AM EDT Reads: 2,190
SOA Software has changed its name to Akana. With roots in Web Services and SOA Governance, Akana has established itself as a leader in API Management and is expanding into cloud integration as an alternative to the traditional heavyweight enterprise service bus (ESB). The company recently announced that it achieved more than 90% year-over-year growth. As Akana, the company now addresses the evolution and diversification of SOA, unifying security, management, and DevOps across SOA, APIs, microservices, and more.
Mar. 28, 2015 08:30 AM EDT Reads: 2,020
After making a doctor’s appointment via your mobile device, you receive a calendar invite. The day of your appointment, you get a reminder with the doctor’s location and contact information. As you enter the doctor’s exam room, the medical team is equipped with the latest tablet containing your medical history – he or she makes real time updates to your medical file. At the end of your visit, you receive an electronic prescription to your preferred pharmacy and can schedule your next appointment.
Mar. 28, 2015 08:00 AM EDT Reads: 629