McBride Interview from Utah SCO Protest 207
Andrew McNabb writes "Some of you may remember the protest we had in June in front of the SCO offices in Lindon, UT. Afterwards we had an interview with Darl McBride, where he said some very interesting things. More on the scoop, including a transcript and ogg of the discussion is available at Groklaw."
groklaw = quickly slashdotted (Score:4, Informative)
Re:groklaw = quickly slashdotted (Score:3, Informative)
Groklaw can handle slashdotting now! (Score:1)
I heard several people ask "what is it like to have your server slashdotted?
It is NO FUN! You see the workload on your machine rise above 40; top slows to a crawl, and all kind of weird things are happening because your machine is:
- running out of processes
- running out of swap space
- running out of file descriptors
And it isn't able to perform its usual task
Re:Groklaw can handle slashdotting now! (Score:2)
;; ANSWER SECTION:
www.groklaw.net. 52082 IN CNAME groklaw.net.
groklaw.net. 86363 IN A 152.2.210.81
Betcha can't guess what I'm thinking.... (Score:3, Funny)
This just show me that he is one of those guys that as a kid went around saying "Betcha can't guess what I'm thinking". Those kids used to get beat up or totally ignored. Hmmmm maybe that is the problem we are having today.
Re:Betcha can't guess what I'm thinking.... (Score:1)
Lemme see yours! (Score:1)
One day, he followed me into the restroom, and I went into the stall. He poked his head from underneath the divider, and I pissed on his face. Needless to say, he never bothered me again.
Yeah, that was a good memory. I need to piss on more faces.
Re:Betcha can't guess what I'm thinking.... (Score:1)
Re:Betcha can't guess what I'm thinking.... (Score:2)
Well shit, we've been missing the point all this time, all Darl really needs is a perfectly sound ass beating and he'll feel better, like the old days...
Volunteers?
Ogg ? (Score:1, Interesting)
That will teach you (Score:1, Troll)
Obscure formats? like MS Word .doc's ? (Score:2)
Re:Obscure formats? like MS Word .doc's ? (Score:2)
The real world can change.
"The resonable man adapts himself to the world; the unresonable on persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man." --George Bernard Shaw
Re:That will teach you (Score:2)
And it's quility, in my tests, is hogher then mp3s.
Standards are good, I'm a big fan of them, however, once a company can control a standard, it ceases to be open and for the community, and starts to become a revinue stream, which is not good for the community.
I know that wll get twisted, so let me clarify.
I don't mind companies making money. In fact, I think its great! but not when it is controling a standard.
I'm not
Re:Ogg ? (Score:2, Informative)
Now stop crying.
Re:Ogg DirectShow filter (Score:1)
That's the problem (Score:2)
Boies fatal error (Score:5, Interesting)
It seems pretty obvious that McBride can stall this through his 4 quarters of profit, but his big payoff comes one year after that - I wonder what tricks he has up his sleeve to hang on that long?
Not quite ... (Score:2)
After all, where did the funds for this campaign come from ? Microsoft, HP & Sun licensing (Sun is seeing its marketshare destroyed by cheap Linux on Intel, but they're dead anyway)
Microsoft has a lot to gain from SCO spreading FUD for as long as possible. SCO's attempts to slow down the legal process is achieving precisely this. And Microsoft doesn't really care
Re:Not quite ... (Score:2, Insightful)
As for Microsoft, well sure they like the situation and were happy to pay licensing fees, knowing that it would help fuel SCO's fire. No conspiracy here, just taking advantage
Sun is embracing linux (Score:2)
I certainly don't see that. Sun's mad hatter linux [sun.com] is poised to strike against Windows/MS Office. They have nothing to gain by damaging the reputation of linux and/or hurting the GPL. In fact, Sun has a lot to lose if SCO gets its way.
Re:Sun is embracing linux (Score:2)
If if this doesn't happen, Sun offers little that isn't already available. They are just rebranding existing Linux solutions. Linux is already very viable on the desktop with OpenOffice, other office suites, Evolution, and so forth. Thats about as inovative as the early days of Mandrake and SuSE... i.e., the s/Red Hat/Mandrake/ distribu
Re:Boies fatal error (Score:2)
Article Text (Score:1)
Friday, October 10 2003 @ 10:18 PM EDT
Back in June, there was a protest by Linux users at SCO headquarters, which received some coverage in the press, including here on Groklaw. I now have a transcript of the conversation between SCO CEO Darl McBride and the protesters. I've also listened to the tape to verify the accuracy of the transcript, and you can do the same if you can play
Satanic? (Score:2)
Hm, if that doesn't show his mindset, being from Utah and all...
Fortunately he didn't mention:
John(3:16)
Re:Satanic? (Score:1)
John(3:16)
For God so loved the world that he gave his one and only Son, that whoever believes in him shall not perish but have eternal life.
Re:Satanic? (Score:1)
Re:shut up, whore (Score:1)
Sorry? I'm not allowed to quote The Bible now?
Shouldn't you be more careful? (Score:1)
Nobody can be absolutely certain that there is no God. But even if there exists in your mind a remote chance that the Bible could be right and you will face His judgment some day, it seems irrational to me to piss Him off ahead of time for no reason. Why would a rational being do so?
Isn't it because, deep down, you just hate God? Romans 8 says that you do: it says that the mind of natural man is hostile to God (at war against Him). Jesus said, "If the world hates you, keep in mind that it has hate
Re:Shouldn't you be more careful? (Score:2)
So even if there exists in your mind a remote chance that the Aztecs could have been right and you will face Their judgment some day, it seems irrational to me not to sacrifice babies to Huitzilopochtli.
Re:Try a credible claim. (Score:2)
This is simpleton bullshit.
> that faith. If not in God, then perhaps quantum
> chromodynamics,
If the whole of science gets turned upside-down tomorrow, it won't be any bother to me. Bridges will continue to hold, planes will continue to fly and apples will continue to fall out of trees as they always have. Science and technology demonstrates it's worth through RESULTS. If "why" changes, that's really quite irrelevant.
> or a spouse,
Re:Try a credible claim. (Score:2)
Re:Satanic? (Score:2)
Since you broght it up Darl. Yes, that is correct, I am convinced.
But it is irrelevant to the topic at hand: Your stock pump and dump scheme based on unsubstantiated claims of IP infringement in Linux and your extortion attempts to collect $699 per user.
Re:Article Text (Score:2)
Here we go (Score:3, Informative)
McBride talks about a number of issues, such as SGI, whether SCOintended to sue end users or commercial only, how and when theydiscovered the alleged "infringement", Caldera's contributions to Linux, and whether Debian is a safeversion of GNU/Linux to use because of its noncommercial nature. He also tells them that SCO isn't interested in suing individual users or even small commercial users. Its beef, he says, is with the "Unix vendor community", UNIX-licensing companies switching to Linux and donating code to Linux so they don't have to pay any more royalties to SCO for Unix code, "the vendors that are getting aneconomic incentive to reducing the amount of royalties that they payby virtue of taking our property and putting it into Linux, then turnaround and saying it's a free system." He mentions that they were talking about 64-way systems, not home users.
He also says they found "hundreds of thousands of lines of code that are infringing against our contracts." Note the plural on contracts. He claims the increase in functionality in Linux is because of "vendors" that SCO has "confidentiality agreements" with. Again, note the plural.
A lot has changed since June, but it's clear that when this began, SCO had in mind a very small pool of targets, UNIX vendors being a small group of companies. What stands out is that I think you'll see how polite the Linux group is,how friendly the conversation was even when strong points were being made by each side, McBride praising them several times and at the end thanking them for their input and calling them "awesome". How different this reality is from the ugly portrait he has tried topaint in the media of users of GNU/Linux software allegedly "attacking" SCO. And when you hear or read it, ask yourself, how accurate were news reports of this event? But judge for yourself and draw your own conclusions.
Transcriptof informal group chit-chat with Darl McBride
June20, 2003
Members of the Provo LinuxUsers Group (PLUG), along with other Linux and Unix group members andconcerned individuals in the area held a protest against SCO on June20, 2003. This protest began in front of SCO headquarters in theafternoon. The officialPLUG protest web site, with pictures and video, can be seen at http://mirror.lug-nut.com/
After protesting in frontof the SCO corporate offices (on a cul-de-sac), many in the groupmoved to a more visible location, a busy intersection nearby. Alittle while later, Darl McBride stopped by for an informal chit-chatwith the demonstrators on his way home. Here is what was said during the 23-minute conversation.
TheCast:
Darl: SCO CEO Darl McBride
P: Protester (thecollective group, with various individuals asking questions)
C: Cameraman
Pleasant Grove PoliceOfficer: Pleasant Grove Police Officer
Darl: So, how's theday going?
P: Oh, pretty well. We had more people than we expected. We talked to some of yourengineers outside, and they're really nice people.
Darl(0:11): So howdid all that go?
P: Oh, really well . . .
Darl(0:16): So youguys are just convinced that we're Satanic? Is that it?
P: No, no, no.
P: Just greedy,that's all.
P: We wouldn't usethose words. We would use different ones.
P:
Spanked (Score:4, Interesting)
Re:Spanked (Score:2)
Best of all was "Angry Protester"--I haven't seen him before or since, but I will never forget his facial expression with the veins bulging with every question.
But yes, McBride really talks a lot more than he thinks.
Re:Spanked (Score:2)
I am probably the one you are referring to as "Angry Protester". I just couldn't understand why many were standing around passing the time of day, letting Darl spout more nonsense about open source writers being thieves and pirates, as they had during the whole protest, without asking fundamental questions, like what about the GPL, what about your infringements of copyright, etc. SCO has yet to acknowledge this basic issue. At least IBM thinks this is the relevant question -- it is almost scary that IBM
Re:Spanked (Score:1)
Bottom line tho, he doesn't say anything he hasn't already: "We are keeping our heads in the sand until this thing pays off."
Re:Spanked (Score:5, Insightful)
It would be cool if he just answered "Greed." to every question, because that's what we're all thinking anyway.
Re:Spanked (Score:1)
Re:Spanked (Score:3, Funny)
Not to put to fine a point on it (Score:2)
Yes Darl said stupid things thats probably why sco is no longer saying much.
Re:Not to put to fine a point on it (Score:2)
Plus, you get to read the good Groklaw comments, where there are no trolls or idiots, and people post good info and links. And they don't whine about "dupes" (granted, there are none).
Improvement of Linux (Score:3, Insightful)
Anyway, it seems like we are winning.
Re:Improvement of Linux (Score:1)
Tom
Re:Improvement of Linux (Score:1)
Against what?
Re:Improvement of Linux (Score:2)
MSFT dominance, proprietary Unixen. What more do you want?
why we shoudn't care what McBride said ... (Score:2)
Interesting... NOT... (Score:2)
Like what?
The right questions weren't even asked... I mean when he's dodging the issue of showing the code by saying that they have to protect the IP of other companies, why not ask him to show just a few samples? I mean out of hundreds of thousands of lines of code, surely a few lines here and there wouldn't hurt anyone? Then at least we would know if their clames are true or (as we've seen with the leaks, probably) not.
Re:Interesting... NOT... (Score:2)
As an analogy, I had a neighbor who got a big dog. Our lease agreement (contract) at this apartment place states that you can have only 20 pounds of live animal living at your place, and this guy's German Shepherd pretty much tripled that figure.
Re:Interesting... NOT... (Score:2)
IANAL either, but if it is indeed true that there are hundreds of thousands of lines of disputed code, then I can't imagine why they couldn't pick a few hundred lines of it and just say "Here is an example, here is another, and here is another." Hencef
Re:Interesting... NOT... (Score:2)
IANAL either, but I don't get this. Even if they would print every single line of code that doesn't belong in the Linux kernel in a newspaper ad, what damage would be done? The code is already on thousands of hard disks, ready for review by anyone
Re:Interesting... NOT... (Score:2)
My guess is that the code, IF it exists at all, will be brought forward in a closed courtroom - trade secrets etc etc just like Micr
Re:Interesting... NOT... (Score:1)
If SCO source code is in Linux, it's not a secret anymore. Why they don't just give a list of the infringing files or part of files?
Re:Interesting... NOT... (Score:2)
P: The same patternwas followed by AT&T, though, with BSD.
Darl(6:17): Yeah,but during that same period of time, there was still a lot ofeconomic value to the System V code base.
So according to Darl, the System V code base does not have a lot of economic value anymore. Where does the $3 billion in damages come from then?
Re:Interesting... NOT... (Score:1)
Re:Interesting... NOT... (Score:2)
I think everyone would agree that there were a lot of weak questions, and even more importantly, there were a lot of questions that he was able to dodge because of the frequent changing of topics.
We should keep in mind that this was an unplanned and unexpected event. Darl was passing us in his [expensive] car, slowed down, said a few words, and then turned around, parked, and started chatting with us. You really can't expect an unprepared group to ask all of the
Re: (Score:1)
That Darl... (Score:4, Insightful)
Is a pretty smooth talker. He managed to almost always sound like he was saying something, even though he wasn't on quite a few occasions. Also, he only repeated himself about ten or twelve times.
And that's not an insult, not by a long-shot. It's damn hard not to be repetitive in a situation like that, and he held out pretty good.
Also, if I recall correctly, he distictively said SCO wasn't going after end users and Linux developers, just after IBM:
Of course, it's a little vague, but it's something.
He managed to dodge all the questions about if running a specific configuration was in any way a violation (On a single proc? On a handheld?). Also, he seemed to imply that Debian was clean.
Also, the protestors were very level-headed, which was good. They had good questions and pushed hard without being rude.
Re:That Darl... (Score:2)
Re:That Darl... (Score:2)
Mirror of the ogg (Score:2)
Re: Icons (Score:2)
The Courts [slashdot.org]
UNIX [slashdot.org]
Software [slashdot.org]
Businesses [slashdot.org]
Operating Systems [slashdot.org]
News [slashdot.org]
Thank you sir! May I have another?
Yes (Score:2)
More SCO.... Great... (Score:1, Flamebait)
Keep giving them the coverage they love so much. Keep letting SCO play you.
Darl makes a point... (Score:1)
Re:Darl makes a point... (easier to read) (Score:1)
or I might just be drunk. I think he makes the point that SCO is in the right to sue IBM if they consider themselves to have proof that IBM has put SCO code in linux.
It makes sense to me that SCO does not intend to make this IP infringement known to anyone without signing a NDA. I don't think it would be any damage to SCO if they did, if they say that this is our IP and point it out doesn't mean they can sue the next company putting the
Re:Darl makes a point... (easier to read) (Score:2)
SCO is refusing to do the one step that would be absolutely vital to them if they want to stop this "damage" from any stolen IP. They must identify the exact code so it can be removed and thus mitigate their damages. Not doing so is proof that the stolen code is act
FUD follows FUD (Score:5, Informative)
Note how Darl never, ever addresses the GPL issue directly. He never says, "in regards to the allegations of copyright violation in regards to distribution of the Linux kernel, which is protected by the GPL, from our server all this time..." or anything similar. Here's the only time he seems to address the issue of the GPL, though again he does not mention the GPL:
It seems that the phrase a distribution is not the same as a donation is an allusion to the fact that they are still distributing linux, but they don't seem to think that distributing the code under the GPL is the same as donating it.
Well, in a sense, Darl is correct. It's not donating it; it is making the code available for all to use under the terms of the GNU Public License which states some things quite clearly which demonstrate that SCO itself is releasing this code to us under the terms of the GPL, for such use as we see fit, so long as we accept the license.
(WHEREIN SCO cannot terminate our right to use their source code which they have themselves distributed under the GPL, within the linux kernel, even if SCO themselves does not follow the terms of the GPL...)
(WHEREIN SCO has agreed to the terms of the GPL, which as per the prior paragraph they cannot revoke, by distributing the code under the GPL...)
(WHEREIN SCO grants a further license for distribution to anyone and everyone, under the terms of the GPL...)
Re:FUD follows FUD (Score:2)
One error in your otherwise excellent post.
Not at all. Remember, the company that calls itself SCO today bought that name very recently - it is NOT the Santa Cruz Operation that put out Unix on Intel for these many years. It's Caldera Systems. The vast majority of their income has been from Linux. Selling Linux is how they came up with the money to buy the name and the so-called 'IP' from SCO in order to start this scam.
Re:FUD follows FUD (Score:2)
Re:FUD follows FUD (Score:2)
That's just the thing though - there's no evidence that they didn't. Caldera had (has? not sure on who they've kicked today) many employees that understand the GPL, and that includes people as high in the organisation as Ransom Love, who was the CEO before McBride. If you read the recent interviews with him, it's clear that he understood it, in a f
Re:FUD follows FUD (Score:2)
So here's the part that jumped out at me... (Score:5, Insightful)
"So, show us where Linux is in violation."
"No, we can't do that, because then we'd be revealing protected code, and then there would be a problem."
"So there's not a problem?"
"No, there is a problem, which is that there's SCO protected code in Linux."
"So if there's a problem, just tell us which code, and we can fix it."
"No, I can't do that, it would cause a problem."
This sounds like one of those loops that those AIs get into when talking to each other...
Singalong! (Score:2)
<nimoy>His name is DAR-EL (dar-el) DAR-EL MC-BRIDE, greatest question dodger of them all!</nimoy>
Re:Singalong! (Score:1)
The next time this happens... (Score:2)
Next up: More of the same (Score:1)
A couple of big logical flaws that I haven't seen anyone else point out yet:
"A few years ago, our annual revenues were hundreds of millions of dollars. Now they're down to around fifty million." This *assumes* that SCO's revenues *would* have held steady, if it weren't for those darn kids and their mangy dog.
"We're not going after end-users, we're going after the big huge businesses - especially enterprise-class
Re:Next up: More of the same (Score:2)
Same FUD, different day (Score:3)
McBride probably believes this point though, and he has to, otherwise his case falls apart and he opens the company -- and himself personally -- to all sorts of abuse and contempt charges.
He spouts the same McDonald's crap as seen in Halloween IX [opensource.org], but strangely enough, no "protestor" mentioned that the only McD use of SCO is in the cash registers, which have less power than my non-hacked, Palm023.1 Palm III handheld, which I use more than my iPAQ. This is OpenServer, which was once Microsoft Xenix. McDonald's is not using SCO in their datacenters, just in their cash registers.
McBride throws out the "high-scalability" buzzwords and is never correctly challenged by these "protestors", most of whom by their questions and responses appear to be anti-globalisationalists waiting for the next G-8 summit. Great questions from them included:
Not much to see here. Move along...Does SCO have a chance? (Score:1)
On the other hand their stock did go up so either the investors are idiots or we're missing something. Any time I'm discussing a topic like this with a group of people all of
Re:Does SCO have a chance? (Score:2)
So what would be interesting to know is, what are the investors thinking? When the stock goes up, it must mean some people are willing to pay those prices. Would some of those buyers step forward and tell us why they bought? Do they think SCO possess anything of value, or do they just hope the stock will go a little higher before dropping?
Catch-22 (Score:1)
Comments are the DNA.... (Score:2, Interesting)
Darl(21:50): It's reasonable, except when the comment codes are the same, the humor lines in the comment code are the same, and the typos in the comment code are the same, then you start getting beyond... Ya know, it was kind of like, I learned this one day at school ... It becomes more of the... Those, to me, are really the DNA of the code here.
So, SCO can't show the code because that would be giving away their IP... ok, how about sho
mmmmmmmmmmkaaay (Score:1)
'Gather round Linux Children, mmmmkay we're going to talk about court injunctions and the greediness of our school' mmmmkay
Lack of daily SCO fix? (Score:2)
Kjella
Police (Score:3, Interesting)
That said... I'm frankly not sure I'd have been willing to talk to protesters if I were McBride. He almost seemed as if he was trying to be friendly, although I'm not sure how many questions he actually answered. (It seems that he completely evaded answering most of them?)
I'm also confused... There are several times when someone asks some sort of question, and he replies with something that makes absolutely no sense, like "Thanks" or "Yes" (to a question that couldn't possibly be construed as yes or no). What was up with that?
Let him speak (Score:2)
I don't like McBride any more than the interviewer, but I want to make sure that McBride gets to make his statement. If I understand fully what he is trying to say, than I can formulate a better argument against him, otherwise my arguments are always going to fall short.
Follow the money (Score:3)
That way, McDonalds franchises can enjoy an open source solution intead of purchasing SCO products. This seems to be Darl's favorite customer, he mentions them in nearly everytime he talks.
Develop open source solutions for SCO's top 3 cusmtomers and their stock price will go back where it belongs...
jeff
Re:There was a protest? (Score:4, Informative)
Re:There was a protest? (Score:1)
No, but as you posted that link I know what happened, thanks.
Re:There was a protest? (Score:2)
Re:Don't Believe me? (Score:1)
Trolls are a fundamental part of Slashdot and they alone, in fact, make it an interesting place. Do you seriously think that someone comes here solely for the "articles" and "serious discussion"? Man, you're naive if you believe that.
Re:Eric "Ass" Raymond (Score:1)
Re:Fuck I HATE slashdot (Score:1)
Sorry I know it is stating the obvious but if you hate it to that level why bother, or is this something you inflict on yourself.
Re:June? (Score:2)
I'm the Andrew McNabb [slashdot.org], just not the novel writer you referenced. I consider Slashdot comments more glorious than mere novels.
Re:I happen to agree with Darl McBride on this one (Score:3)
There has been no evidence that anybody has copied anything. SCO hasn't demonstrated anything or provided any facts to support their claim. When they tried, it was shown that their example was in public domain, or otherwise legally obta
Re:I happen to agree with Darl McBride on this one (Score:2)
The very fact that you take this accusation as a premise makes your whole argument irrelevant. No further comment.
Re:I happen to agree with Darl McBride on this one (Score:2)
When the customers are addicted to the product, it would appear to increase revenue.