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An Open Letter to Darl McBride
Armed and Dangerous | 8-20-03 | Eric S. Raymond

Posted on 08/27/2003 11:26:23 AM PDT by CJ Wolf

from: http://armedndangerous.blogspot.com/2003_08_17_armedndangerous_archive.html#106157186387886957

Mr. McBride:

Late yesterday. I learned that you have charged that your company is the victim of an insidious conspiracy masterminded by IBM. You have urged the press and public to believe that the Open Source Initiative and the Free Software Foundation and Red Hat and Novell and various Linux enthusiasts are up in arms not because of beliefs or interests of their own, but because little gray men from Armonk have put them up to it. Bwahahaha! Fire up the orbital mind-control lasers!

Very few things could possibly illustrate the brain-boggling disconnect between SCO and reality with more clarity than hearing you complain about how persecuted your company is. You opened this ball on 6 March by accusing the open-source community of criminality and incompetence as a way to set up a lawsuit against IBM. You have since tried to seize control of our volunteer work for your company's exclusive gain, and your lawyers have announced the intention to destroy not just the GPL but all the open-source licenses on which our community is built. It's beyond me how can have the gall to talk as though we need funding or marching orders from IBM to mobilize against you. IBM couldn't stop us from mobilizing!

I'm not sure which possibility is more pathetic — that the CEO of SCO is lying through his teeth for tactical reasons, or that you genuinely aren't capable of recognizing honest outrage when you see it. To a manipulator, all behaviors are manipulation. To a conspirator, all opposition is conspiracy. Is that you? Have you truly forgotten that people might make common cause out of integrity, ethical considerations, or simple self-defense? Has the reality you inhabit truly become so cramped and ugly?

I'm in at least semi-regular communication with most of the people and organizations who are causing you problems right now. The only conspiracy among us is the common interest in preventing the open-source community from being destroyed by SCO's greed and desperation. (And we think it's a perfect sign of that desperation that at SCOforum you ‘proved’ your relevance by bragging about the amount of press coverage SCO generates. Last I checked, companies demonstrated relevance by showing products, not press clippings.)

Yes, one of the parties I talk with is, in fact, IBM. And you know what? They're smarter than you. One of the many things they understand that you do not is that in the kind of confrontation SCO and IBM are having, independent but willing allies are far better value than lackeys and sock puppets. Allies, you see, have initiative and flexibility. The time it takes a lackey to check with HQ for orders is time an ally can spend thinking up ways to make your life complicated that HQ would be too nervous to use. Go on, try to imagine an IBM lawyer approving this letter.

The very best kind of ally is one who comes to one's side for powerful reasons of his or her own. For principle. For his or her friends and people. For the future. IBM has a lot of allies of that kind now. It's an alliance you drove together with your arrogance, your overreaching, your insults, and your threats.

And now you cap it all with this paranoid ranting. It's classic, truly classic. Was this what you wanted out of life, to end up imitating the doomed villain in a cheesy B movie? Tell me, does that dark helmet fit comfortably? Are all the minions cringing in proper form? "No, Mr. Torvalds, I expect you to die!" I'd ask if you'd found the right sort of isolated wasteland for your citadel of dread yet, but that would be a silly question; you're in Utah, after all.

It doesn't have to be this way. Sanity can still prevail. Here's the message that Jeff Gerhardt read at SCOforum again:

In recent months, the company formerly known as Caldera and now trading as SCO has alleged that the 2.4 Linux kernel contains code misappropriated from it. We in the open-source community are respectful of intellectual-property rights, and take pride in our ability to solve our own problems with our own code. If there is infringing code in the Linux kernel, our community wants no part of it and will remove it.

We challenge SCO to specify exactly which code it believes to be infringing, by file and line number, and on what grounds it is infringing. Only with disclosure can we begin the process of remedying any breach that may exist. If SCO is truly concerned about protecting its property, rather than simply using the mere accusations as a pretext to pump its stock price and collect payoffs from Microsoft for making trouble, then it will welcome the opportunity to have its concerns resolved as quickly and with as little disruption as possible. We are willing to cooperate with that.

The open-source community is not, however, willing to sit idly by while SCO asserts proprietary control, and the right to collect license fees, over the entirety of Linux. That is an unacceptable attempt to hijack the work thousands of volunteer programmers contributed in good faith, and must end.

If SCO is willing to take the honest, cooperative path forward, so are we. If it is not, let the record show that we tried before resorting to more confrontational means of defending our community against predation.

Linus Torvalds is backing me on this, and our other chieftains and philosopher-princes will as well. Show us the overlaps. If your code has been inserted in our work, we'll remove it — not because you've threatened us but because that's the right thing to do, whether the patches came from IBM or anywhere else. Then you can call off your lawyers and everyone will get to go home happy.

Take that offer while you still can, Mr. McBride. So far your so-called ‘evidence’ is crap; you'd better climb down off your high horse before we shoot that sucker entirely out from under you. How you finish the contract fight you picked with IBM is your problem. As the president of OSI, defending the community of open-source hackers against predators and carpetbaggers is mine — and if you don't stop trying to destroy Linux and everything else we've worked for I guarantee you won't like what our alliance is cooking up next.

And in case it's not pellucidly clear by now, not one single solitary damn thing I have said or published since 6 March (or at any time previously for that matter) has been at IBM's behest. I'm very much afraid it's all been me, acting to serve my people the best way I know how. IBM doesn't have what it would take to buy me away from that job and neither do you. I'm not saying I don't have a price — but it ain't counted in money, so I won't even bother being insulted by your suggestion.

You have a choice. Peel off that dark helmet and deal with us like a reasonable human being, or continue down a path that could be bad trouble for us but will be utter ruin — quite possibly including jail time on fraud, intellectual-property theft, barratry, and stock-manipulation charges — for you and the rest of SCO's top management. You have my email, you can have my phone if you want it, and you have my word of honor that you'll get a fair hearing for any truths you have to offer.

Eric S. Raymond
esr@thyrsus.com
President, Open Source Initiative
Friday, 20 August 2003

posted by Eric Raymond at 10:04 AM     


TOPICS: Crime/Corruption; Editorial; Miscellaneous; News/Current Events; Philosophy; Technical
KEYWORDS: ibm; linux; opensource
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I searched, but didn't find it, so I posted it. Them there is fighting words!
1 posted on 08/27/2003 11:26:24 AM PDT by CJ Wolf
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To: CJ Wolf; Linux
There's a linux banglist. I took a stab at flagging them.

Nice letter. But I don't want SCO to back down now, as E.R. is asking.

I want to see the Linux community crush SCO and grind them to dust and IBM to then suck the life out of the corpse and walk off with whatever patents and cash they have.

I want a legal demonstration on the merits of GPL that will not be soon forgotten.
2 posted on 08/27/2003 5:04:02 PM PDT by George W. Bush
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To: George W. Bush
I want to see the Linux community crush SCO ...

You guys just don't seem to get it. The so-called "Linux community" has no such power. SCO's fate will be determined in the courtroom, where you will find that justice doesn't always depend upon right and wrong but upon interpretation of facts spun by lawyers.
3 posted on 08/27/2003 7:34:46 PM PDT by Bush2000
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To: rdb3
Pinging the Penguin Pinger
4 posted on 08/27/2003 7:36:55 PM PDT by Salo
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To: John Robinson; B Knotts; stainlessbanner; TechJunkYard; ShadowAce; Knitebane; AppyPappy; jae471; ...
The Penguin Ping.

Wanna be Penguified? Just holla!

5 posted on 08/27/2003 7:39:34 PM PDT by rdb3 (They've read all the books but they can't find the answers...)
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To: rdb3
Hey, where's the graphic? :-)
6 posted on 08/27/2003 7:42:30 PM PDT by Salo
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To: Salo
I dropped them. Had been receiving both compliments and complaints.

I'll let the Penguins decide. If they want them, they'll be back. Fair enough?


7 posted on 08/27/2003 7:48:03 PM PDT by rdb3 (They've read all the books but they can't find the answers...)
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To: rdb3
Bring back the Penguins!
8 posted on 08/27/2003 8:19:25 PM PDT by Tribune7
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To: rdb3
Bah. Some people will complain about anything.
9 posted on 08/27/2003 8:59:36 PM PDT by TechJunkYard (this post not reviewed by IBM Legal Dept.)
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To: Bush2000
Yes but before SCO can get to Linux there is an 800 lb gorilla (IBM) whos bannana they are trying to take. I dont think the Linux community (Specifically Redhat which is the strongest vendor) will do any damage to SCO. There will be no need to because I think IBM will take a long time to scrspe SCO off of its boots..
10 posted on 08/27/2003 9:00:26 PM PDT by N3WBI3
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To: N3WBI3
Yes but before SCO can get to Linux there is an 800 lb gorilla (IBM) whos bannana they are trying to take.

And in the courtroom, it's a level playing field. The weight of the gorilla has no bearing on the outcome.
11 posted on 08/27/2003 9:16:14 PM PDT by Bush2000
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To: rdb3
Had been receiving both compliments and complaints.

Keep in mind that one of the complainers also complained of the "profniaty" in a tagline. The tagline in question was, in its entirety, ".".
12 posted on 08/27/2003 10:07:08 PM PDT by Dimensio (Sometimes I doubt your committment to Sparkle Motion!)
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To: rdb3
Penguins forever!
13 posted on 08/27/2003 11:21:13 PM PDT by Calvinist_Dark_Lord ("I have come here to kick @$$ and chew bubblegum...and I'm all outta bubblegum!" -Roddy Piper;)
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To: TechJunkYard
"Some people will complain about anything."

Yeah, but some things matter.

I've never complained about the "penguin" graphics, because they seem to not add much bandwidth overhead, but there are SOME folks on this forum who delight in posting into threads severely overloaded/bloated graphics---and not all of us out here have high speed connections.

I think the appropriate treatment for graphics is to LINK to them, so they don't automatically load into the thread---but those interested can still access them if they so wish. Same for sound files.

14 posted on 08/28/2003 4:11:25 AM PDT by Wonder Warthog (The Hog of Steel)
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To: Bush2000
Go tell it to OJ Simpson.

And in the courtroom, it's a level playing field. The weight of the gorilla has no bearing on the outcome.

15 posted on 08/28/2003 5:04:54 AM PDT by Salo
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To: rdb3
Wellll......when I had my dial-up account, the graphics were a *bit* of a pain. Still, I think they add a little something to the ping. It's your ping, so you get to do what you want, but if your counting votes, put me in the Pro-Tux tally.
16 posted on 08/28/2003 5:08:23 AM PDT by Salo
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To: Dimensio
He's the FNG who wants to do the admin moderator's job. In his defence, I have seen the (.) that came up referred to an an "asshole". Still, that's a really lame complaint - actually lower than the cries of an Internet Spellchecker. I've also seen people complain about the use of wildcards in swear words to make them clean - like "sh*t" and such. I remember when we right-wingers were the tough guys who could handle such things.
17 posted on 08/28/2003 5:13:58 AM PDT by Salo
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To: Bush2000
Ummm 5 minutes ago you were saying it was who had the better lawyers..
18 posted on 08/28/2003 5:56:33 AM PDT by N3WBI3
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To: Bush2000
You guys just don't seem to get it. The so-called "Linux community" has no such power.

Actually, you don't seem to get it. Do you have the slightest notion of how many IT guys are Linux users? In most decent companies these people are consulted before any new enterprise level software purchasing is done. This is where SCO will suffer - and they know it. That's why SCO is mailing the invoices.

Also the server team guys are the ones who bitch about software that needs to go. "We have SCO on this server but it sucks. RedHat Enterprise would be better."

Oh yes, us geeks do have the influence to hurt SCO bad for this. And we will.

19 posted on 08/28/2003 8:29:21 AM PDT by shadowman99
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To: Salo
Go tell it to OJ Simpson.

The door swings both ways. OJ had a pretty dumb jury. IBM better pray that it gets the same; otherwise, SCO will portray itself as the poor, maligned victim -- and juries are generally sympathetic to people who've been screwed over and biased against deep-pocketed defendants (ie. tobacco companies, insurance companies, etc).
20 posted on 08/28/2003 1:38:53 PM PDT by Bush2000
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