Microsoft kills its 'Get the Facts' anti-Linux site

A little late on this one, but Microsoft has replaced its Get the Facts site with one that is ostensibly less biased.

“The goal of the site is to offer more in-depth information and customer-to-customer opinions about many of the issues IT administrators face,” a company spokeswoman said. “It turns out people wanted 3rd party validation in addition to people’s experiences making OS purchasing decisions so in addition to customer case studies, research reports that compare platforms the site will also offer guidance around best practices, web casts, etc.”

Who would have thought people wouldn’t fully trust what a company said about their own products without “3rd party validation”. I don’t find it too interesting that the site was pulled down. After all, the Get the Facts campaign had been debunked and derided to the point that is was certainly doing more harm than good. I do find it interesting, however, that the new Windows Server “Compare” site doesn’t really compare “Linux” with Windows. What is does is compare “Red Hat Enterprise Linux” with Windows. This could be taken two ways. 1) Red Hat Enterprise Linux is the only real competition in the eyes of Microsoft. 2) Microsoft is specifically targeting Red Hat as a result of it not signing a deal similar to the one Novell signed. I’ll let you be the judge.

While on the topic of the Novell deal, it looks like the Microsoft and Novell Open Interoperability Lab is now open. The Microsoft marketing team really does like to stick the word Open anywhere is can. At 2,500 square feet (or 50 x 50) there doesn’t seem to be much room for engineers, especially when you consider the room also has 80+ servers and a SAN.

–jeremy

Kudos to AMD – ATI GPU Specs Released

Kudos to AMD for following through on an earlier promise to release GPU specs. The specs are now publicly available, without the need for an NDA. The RV630 Register Reference Guide and M56 Register Reference Guide represent almost 900 pages of 2D specs. 3D specs and specs for other chips should be coming soon. Awesome. We’ll see if this has any impact on sales for ATI cards. It will be interesting to watch the Linux driver mature and also see what, if any, impact this has on whether nVidia will release any specs.

–jeremy

Why Microsoft fears Open Source more than other proprietary vendors do

It does seem as if Microsoft fears Open Source more than companies that are just as proprietary as Microsoft is. Matt has a potential explanation:

Now look at Oracle, SAP, IBM, etc. You won’t find a single other company making a concerted effort to fight open source. Not a one. Larry Ellison (Oracle) says open source is not something to be feared, but rather something “to be explained.” They clearly see open source as something to work with, and sometimes something to work through, but not something to destroy.

Sure, these and other proprietary-software companies occasionally dip into mudslinging against open source, but they don’t regularly buy analysts, set up anti-open source sites, rattle patent sabres, and generally insist on making a fetish out of open source’s demise.

Just Microsoft. Why?

I think it has a lot to do with how Microsoft chooses to make money. Microsoft, more than any other vendor listed (and many others that could be, like Autodesk, HP, Sybase, Salesforce.com, etc.), sells packaged software.

It relies, more than most companies, on a big, upfront license fee. At most vendors, such license fees barely pay for the cost of selling the product, causing them to rely on ongoing maintenance fees for their profits. So, whereas Oracle’s revenue stream looks not hugely dissimilar from an open-source revenue stream, Microsoft’s looks vastly different.

In short, Microsoft’s business and revenue model is threatened by open source much more than most proprietary software businesses.

When you look at current industry trends, both Open Source and closed source companies are relying more and more on maintenance and subscription revenues and less on pure licensing revenue. This means you have to provide continual value to your clients, or revenue starts to disappear. To me, that seems like how it should be. Matt continues:

Microsoft’s “house” is built on sand. The very factors that drove its success – easy-to-use, low-cost, integration between components – are the same things driving open source into the enterprise. Except that instead of lower cost, open source is free. Instead of integration of various components within the Microsoft-only ecosystem, open source’s open standards and open source code makes integration between disparate components – owned by different companies and communities – much easier than in the traditional proprietary world. And new open-source applications, operating systems, and middleware are heavily focused on customer value – including ease-of-use – which is challenging Microsoft on that front, as well.

Microsoft showed the way to beat the incumbent proprietary vendors, and its strategies are now being used against it by the open-source world. Except that this time, there’s one more huge value that Microsoft can never provide:

Freedom. Freedom from lock-in. Freedom to integrate and tweak and fiddle to make software work for the customer, because the vendors are no longer selling software. They’re selling service to make that software sing for the customer.

It’s very true, and somewhat ironic, that some of the strategies used by Microsoft are now being used against it. It shouldn’t be a surprise though – Microsoft does some things very well. The additional freedom from lock-in (and freedom in general) is the part that is going to turn the industry on its head though. For too long people in IT have been shackled. They’re getting a taste of freedom now and once you get that taste it’s painful to go back.

–jeremy

Are SCO Execs in trouble?

From Mark Webbink:

Some have speculated that it would be worthwhile to now take SCO off the market. Heck, their market cap is now under $10 million. The problem is that paying $10 million to buy SCO would not be the end of it. SCO is still embroiled in the IBM case and the Red Hat case, to say nothing of the on-going claims that Novell has. In addition, when the lights finally flicker out on SCO, look for some shareholder lawsuits based on violation of securities laws. If you go back to the press conferences that SCO repeatedly called back in 2003 and 2004, they never began those press conferences by making the standard disclaimers cautioning investors to take what they were saying with a grain of salt. As a consequence, investors had every right to take what Darl McBride and Chris Sontag were saying in public back then as the gospel truth. Like McBride stating publicly that SCO owned the copyrights to Unix in the spring of 2003 while he was privately corresponding with Novell begging them to transfer the copyrights to SCO.

We have come a long way from that day in 2003 when McBride suggested IBM buy SCO for $500 million.

I’d expect shareholder lawsuits once SCOX runs out of money and it looks like Darl McBride and Chris Sontag might end up getting a little more than they bargained for. It would have been nice to see this case make it all the way through to judgment, but it’s looking less and less likely that SCO will be able to hold out that long.

–jeremy

OSI email group gets catty over Microsoft's Permissive License request

In what should come as no surprise, it looks like the discussion surrounding the Microsoft OSI submissions are getting a little cantankerous. From the article:


Another community member, Donovan Hawkins, doesn’t like the MS-PL’s requirement to keep its code separate from any other code licensed differently. “I can think of cases where I made MAJOR changes to some open-source function to use in a project,” he writes. “What sort of Frankenlicense would apply to that function if I wished to release my changes under GPL but the original was MPL or MSPL? Every other line of code under a different license?”

Things got really interesting when Chris DiBona, longtime OSI member, open source advocate, and open source programs manager for Google, Inc. chimed in:

I would like to ask what might be perceived as a diversion and maybe even a mean spirited one. Does this submission to the OSI mean that Microsoft will:

a) Stop using the market confusing term Shared Source
b) Not place these licenses and the other, clearly non-free , non-osd
licenses in the same place thus muddying the market further.
c) Continue its path of spreading misinformation about the nature of
open source software, especially that licensed under the GPL?
d) Stop threatening with patents and oem pricing manipulation schemes
to deter the use of open source software?

If not, why should the OSI approve of your efforts? That of a company who has called those who use the licenses that OSI purports to defend a communist or a cancer? Why should we see this seeking of approval as anything but yet another attack in the guise of friendliness?

That query got the attention of heretofore silent Bill Hilf, Microsoft’s general manager of platform strategy. “I’m unclear how some of your questions are related to our license submissions, which is what I believe this list and the submission process are designed to facilitate,” Hilf wrote. “You’re questioning things such as Microsoft’s marketing terms, press quotes, where we put licenses on our web site, and how we work with OEMs – none of which I could find at http://opensource.org/docs/osd. If you’d like to discuss this, I’d be happy to – and I have a number of questions for you about Google’s use of and intentions with open source software as well. But this is unrelated to the OSD compliance of a license, so I will do this off-list and preferably face to face or over the phone.”

Mee-ow!

Hilf went on to say that one of the reasons Microsoft coined the term “Shared Source” was “to acknowledge that these licenses had not been approved by the OSI, and some of our Shared Source licenses will not be submitted to the OSI.” But, Hilf wrote, “I’m open to make this more distinguishable on where/how we post the [licenses] on the Web site, if it’s important to the community.”

I’d guess this is going to get even more heated from here. The OSI may end up stuck between a rock and a hard place on this one. On the one side, it’s easy to argue that the entity submitting an entry should not even come into play and that a license should be approved or disapproved solely on its merit. On the other hand, some people reason that approving a license from an entity whom it’s perceived is out to harm Open Source is enabling them to do so, and therefor should not be done. That may be a slippery slope to walk on though. We certainly don’t want Open Source to become “whatever the OSI wants”, but at the same time we do need to trust the OSI to steward the Open Source label in the way they see fit. That is going to get interesting…

You can view the entire discussion here.

–jeremy

Sourcefire acquires ClamAV

With all the recent talk of proprietary companies snatching up Open Source companies, it’s great to see a quality Open Source company aquire a quality Open Source project. I helped setup the original donation system for ClamAV and am happy Tomasz (who looks to be joining Sourcefire now) and the project have found a new home. That being said, Sourcefire remains an acquisition target in my mind… probably by a closed source company. Remember that their earlier acquisition by Checkpoint fell through. ClamAV is used by a huge number of commercial products, so it’ll be interesting to watch how things unfold in the next 18 months or so.

–jeremy

Citrix Enters Datacenter and Desktop Virtualization Markets with Acquisition of XenSource

In case you’ve been hiding out the last couple days and hadn’t heard, Citrix has acquired XenSource for the lofty sum of $500m (which represents a truly astounding multiple, approached previously only by the likes of Skype and YouTube). This comes right on the heels of the $21b VMware IPO. In case you can’t tell, virtualization is hot. As Jonathan has noted, virtualization is actually going to be quite good for the industry, even if it seems a bit counterintuitive at the moment.

The following is directly from the press release:

Under Peter’s leadership, Citrix is also committed to maintaining and growing its support for the Xen open source community, led by XenSource co-founder and Xen project leader, Ian Pratt. Between now and the close of the acquisition, XenSource will work with the key contributors to the Xen project to develop procedures for independent oversight of the project, ensuring that it continues to operate with full transparency, fairness and vendor neutrality – principles that are critical to the continued role of Xen as a freely available open source industry standard for virtualization.

The acquisition will also strengthen each company’s strong partnership with Microsoft and commitment to the Windows platform. As an independent company, XenSource has built a strategic relationship with Microsoft designed to ensure broad interoperability between XenSource products and the upcoming Microsoft Windows hypervisor, code named “Viridian”. This relationship complements and broadens the successful partnership between Citrix and Microsoft in the Windows application delivery, application networking and branch office infrastructure markets.

It would seem to me that XenSource is going to spin Xen out as a distinct Open Source project and then align itself much more closely with Windows and Microsoft Virtualization in general (The CEO went as fas as to say “Our product focus is to provide the best Microsoft virtualization experience on the market”). With KVM and some other Linux virtualization projects making good headway recently it will be interesting to see how the various Enterprise Linux distributions respond. How that, in turn, will impact the general Xen project remains to be seen.

The other question I’ve seen raised is whether this acquisition multiple had much to do with XenSource being an “Open Source company”. Unfortunately, I’d say not really. It certainly didn’t hurt, but I’d guess the VMware IPO had more to do with it than the fact that Xen is an Open Source project. It seems clear that many smaller innovative Open Source based companies are going to be snatched up by proprietary companies as we move forward. It remains to be seen what long term impact this will have. I think it just reflects that Open Source is moving into the main stream. Some day I don’t think companies will have an “Open Source strategy” – it will just be an everyday part of business as usual. Others don’t have such a rosy outlook. Time will tell.

–jeremy

Refining MySQL Community Server

MySQL AB has announced some changes in the way it handles the Community and Enterprise releases of MySQL. From the post:

The changes are in the areas of release policy and stability of MySQL Community Server and in the availability of MySQL Enterprise Server.

The changes start from the question: “How can we better target MySQL Community Server to the community and MySQL Enterprise Server to the paying customers?“. Many of them originate from our ongoing discussions with the Linux Distributions, some of whom have been distributing MySQL Enterprise Server to their user base, since MySQL Community Server hasn’t conformed to their needs of feature stability and release schedule.

Our intention is for MySQL Community Server to be very good, and for MySQL Enterprise Server to provide further value on top of that. The five changes, in short, are:

1. New features and community contributions will go into the next development tree. The new features will not be applied to a current GA release, ensuring stability for the Community Server. At the time of writing, the development tree is MySQL 5.2.
2. There will be at least two yearly “mature GA” (currently MySQL 5.0) binary builds. They aren’t scheduled, but usually triggered by grave security vulnerabilities.
3. When a version of MySQL initially goes GA (as 5.1 soon will), the company will release binary builds of the new GA product every month for a period of several months until it reaches a point of suitable stability/maturity to be considered a “mature GA” release — as described above.
4. There will be four yearly “mature GA” (currently MySQL 5.0) source releases, predictably scheduled, to be released once every quarter. These will be ideal for use by distributions shipping MySQL.
5. The current Enterprise source tarballs will be removed from ftp.mysql.com. These will move to enterprise.mysql.com, and will be available for our paying subscribers only.

This has sparked quite a few responses in the community, most of them negative. For one, it’s an extremely confusing setup that builds on what was already a confusing system. Second, it appears to go against what they are attempting to accomplish. Why would supposedly stable “Enterprise” builds be released more often and be tested by less people?

To me, that’s not the worst of it however. At least on the face of it, it seems like a bad business decision. Let me make one thing clear: I really like both MySQL the product and MySQL AB the company. They have done a ton for Open Source and I’d like nothing more than to see them make boat loads of money. The way I see it though, their adoption process is usually something along the lines of: technical person installs MySQL, something critical ends up getting implemented using it, managers insist on a support contract. Maybe what I’ve seen it not representative of the average MySQL sale, but if it is this move should prove quite bad for the bottom line. By making the Enterprise product harder to implement, it makes a support contract less likely in my mind. I thought they were trying to sell on value adds, such as support and monitoring. Is it possible that isn’t working and they are seeking other alternatives? If so, that’s worrisome. I trust that MySQL AB is watching the responses on this closely and really think in the end they’ll do the right thing, but I have to admit this is a little troubling. It’s a trend I’ve seen at a broader scale bubbling beneath the scenes and some interesting times could be ahead for “Enterprise Open Source”.

–jeremy

Q&A: Torvalds on Linux, Microsoft, software's future

LinuxWorld has posted an interview with Linus, and as usual there are a bunch of interesting sound bits. A few here:

Lest people think that commercial and Open Source don’t mix…

CW: How did Linux, as a product, benefit by being released as it was?

Torvalds: Well, in a very real sense, if I hadn’t released it publicly, it would just have been a random small project of mine, and gotten use on my machines, but eventually it would have just been left behind as a “that was a fun project, let’s see what else I can do” kind of thing. So, Linux really wouldn’t have gone anywhere interesting at all if it hadn’t been released as an open-source product.

I also think that the change to the GPLv2 (from my original “no money” License) was important, because the commercial interests were actually very important from the very beginning, even if they were much smaller initially. Even in early ’92, you had small (hobbyist) commercial distributions that were really just cheap floppy-disk copying services, where interested individuals that were involved decided that they might as well try to spread the word and also maybe make a small amount of money on the side. The fact that I personally wasn’t interested in that part of the picture was irrelevant.

And the thing is the commercial concerns from the very beginning, even when they were small, were really very important. The commercial distributions were what drove a lot of the nice installers, and pushed people to improve usability etcetera, and I think commercial users of Linux have been very important in actually improving the product. I think all the technical people who have been involved have been hugely important, but I think that the kind of commercial use that you can get with the GPLv2 is also important — you need a balance between pure technology, and the kinds of pressures you get from users through the market.

So I don’t think marketing can drive that particular thing: if you have a purely marketing (or customer) driven approach, you end up with crap technology in the end. But I think that something that is purely driven by technical people will also end up as crap technology in the end, and you really need a balance here. So a lot of the really rabid “Free Software” people seem to often think that it’s all about the developers, and that commercial interests are evil. I think that’s just stupid. It’s not just about the individual developers; it’s about all the different kinds of interests all being able to work on things together.

..on users and developers:

CW: Which are the benefits of Linux for the users, apart from the fact that it’s free?

Torvalds: The biggest advantage has very little to do with the money, and everything to do with the flexibility of the product. And that flexibility has come from the fact that thousands of other users have used it, and have been able to voice their concerns and try to help make it better.

It doesn’t matter if 99.99 percent of all Linux users will never make a single change. If there are a few million users, even the 0.01 percent that end up being developers matters a lot and, quite frankly, even the ones that aren’t developers end up helping by reporting problems and giving feedback. And some of them pay for it and thus support companies that then have the incentive to hire the people who want to develop, and it’s all a good feedback cycle.

CW: What’s more important, Linux’s huge user base or its large developer base?

Torvalds: I don’t think of them as separate entities. I think that any program is only as good as it is useful, so in that sense, the user base is the most important part, because a program without users is kind of missing the whole point. Computers and software are just tools: it doesn’t matter how technically good a tool is, until you actually have somebody who uses it.

But at the same time, I really don’t think that there is a difference between users and developers. We’re all “users”, and then in the end, a certain type of user is also the kind of person who gets things done, and likes programming. And open source enables that kind of special user to do things he otherwise couldn’t do.

Are those special users that actually do things more important? Yes, in a sense. But in order to get to that point, you really have to have the user interest in the first place, so a big and varied user base is important, in order to get a reasonable and varied developer base.

And I would like to stress that varied part. A lot of projects try to specialize in one area so much that they get only one particular kind of user, and because they get one particular kind of user, they then get just a particular kind of developer, too. I always thought that was a bad idea: trying to aim for a specific “niche” just means that your user-base is so one-sided that you also end up making very one-sided design decisions, and then the user base will be even more one-sided, and it’s a bad feedback cycle.

Finally, an attitude about Microsoft that I think many in the community can take something away from.

CW: Microsoft has recently claimed that free software and some e-mail programs violate 235 of its patents. But Microsoft also said it won’t sue for now. Is this the start of a new legal nightmare?

Torvalds: I personally think it’s mainly another shot in the FUD [fear, uncertainty and doubt] war. MS has a really hard time competing on technical merit, and they traditionally have instead tried to compete on price, but that obviously doesn’t work either, not against open source. So they’ll continue to bundle packages and live off the inertia of the marketplace, but they want to feed that inertia with FUD.

CW: Do you think you and the open-source software community are prepared for this battle?

Torvalds: I don’t actually see it as a battle. I do my thing because I think it’s interesting and worth doing, and I’m not in it because of any anti-MS issues. I’ve used a few MS products over the years, but I’ve never had a strong antipathy against them. Microsoft simply isn’t interesting to me.

And the whole open source thing is not an anti-MS movement either. … Open source is a model for how to do things, and I happen to believe that it’s just a much better way to do things and that open source will take over not because of any battle, but simply because better ways of doing things eventually just replace the inferior things.

–jeremy

Court Rules: Novell owns the UNIX and UnixWare copyrights

It sure has been a long time since the last SCO related post. It looks to finally be the beginning of the end for this whole fiasco. From Groklaw:

Hot off the presses: Judge Dale Kimball has issued a 102-page ruling [PDF] on the numerous summary judgment motions in SCO v. Novell. Here it is as text. Here is what matters most:

[T]he court concludes that Novell is the owner of the UNIX and UnixWare Copyrights.

That’s Aaaaall, Folks! The court also ruled that “SCO is obligated to recognize Novell’s waiver of SCO’s claims against IBM and Sequent”. That’s the ball game. There are a couple of loose ends, but the big picture is, SCO lost. Oh, and it owes Novell a lot of money from the Microsoft and Sun licenses.

Judge Kimball asks the parties, in view of the ruling in Novell, which “significantly impacts the claims and counterclaims asserted” in IBM, to prepare by August 31 “a statement of its view of the status of this case and, more specifically, the effect of the SCO v. Novell decision on each of the pending motions.”

Here’s the conclusion:

For the reasons stated above, the court concludes that Novell is the owner of the UNIX and UnixWare copyrights. Therefore, SCO’s First Claim for Relief for slander of title and Third Claim for specific performance are dismissed, as are the copyright ownership portions of SCO’s Fifth Claim for Relief for unfair competition and Second Claim for Relief for breach of implied covenant of good faith and fair dealing. The court denies SCO’s cross-motion for summary judgment on its own slander of title, breach of contract, and unfair competition claims, and on Novell’s slander of title claim. Accordingly, Novell’s slander of title claim is still at issue.

The court also concludes that, to the extent that SCO has a copyright to enforce, SCO can simultaneously pursue both a copyright infringement claim and a breach of contract claim based on the non-compete restrictions in the license back of the Licensed Technology under APA and the TLA. The court further concludes that there has not been a change of control that released the non-compete restrictions of the license, and the non-compete restrictions of the license are not void under California law. Accordingly, Novell’s motion for summary judgment on SCO’s non-compete claim in its Second Claim for breach of contract and Fifth Claim for unfair competition is granted to the extent that SCO’s claims require ownership of the UNIX and UnixWare copyrights, and denied in all other regards.

Furthermore, the court concludes, as a matter of law, that the only reasonable interpretation of the term “SVRX License” in the APA is all licenses related to the SVRX products listed in Item VI of Schedule 1.1(a) to the APA. Therefore, Novell is entitled to a declaration of rights under its Fourth Claim for Relief that it was and is entitled, at its sole discretion, to direct SCO to waive its claims against IBM and Sequent, and SCO is obligated to recognize Novell’s waiver of SCO’s claims against IBM and Sequent. Accordingly, Novell’s motion for partial summary judgment on its Fourth Claim for Relief for declaratory judgment is granted, and SCO’s cross-motion for summary judgment on Novell’s Fourth Claim for Relief is denied.

Finally, the court concludes, as a matter of law, that the only reasonable interpretation of all SVRX Licenses includes no temporal restriction of SVRX Licenses existing at the time of the APA. The court further concludes that because a portion of SCO’s 2003 Sun and Microsoft Agreements indisputably licenses SVRX products listed under Item VI of Schedule 1.1(a) to the APA, even if only incidental to a license for UnixWare, SCO is obligated under the APA to account for and pass through to Novell the appropriate portion relating to the license of SVRX products. Because SCO failed to do so, it breached its fiduciary duty to Novell under the APA and is liable for conversion.

The court, however, is precluded from granting a constructive trust with respect to the payments SCO received under the 2003 Sun and Microsoft Agreements because there is a question of fact as to the appropriate amount of SVRX Royalties SCO owes to Novell based on the portion of SVRX products contained in each agreement. Furthermore, because Novell has obtained the information that it would otherwise obtain through an accounting during the course of this litigation, the court denies Novell’s Ninth Claim for Relief for an accounting. However, the court also notes that SCO has a continuing contractual obligation to comply with the accounting and reporting requirements set forth in the APA.

What does this all mean? The case against IBM is all but a moot point now, since Novell owns the IP that SCO is suing over. In addition, SCO owes a substantial amount of the previous license money (95% at a worst case for them) to Novell. It’s pretty much game over at this point. Most of us thought this would be the end result, but in my mind there are many open questions that may never be answered. Will there be a criminal case against Yarro and/or McBride? Was this the longest running pump and dump scheme in history? What was the real reason behind Microsoft obtaining one of the original licenses from SCO and will that angle even be pursued now that Novell and Microsoft are pals? Was the recent Microsoft Novell deal structured as it was by Microsoft in anticipation of this and if so did Novell even see it coming? What was Sun’s intention in getting one of the original licenses from SCO? At the time they were fairly anti-Linux, but part of it seemed to be related to them moving toward OpenSolaris. If it’s really Novell IP how is that deal impacted and what legal ground does OpenSolaris stand on? What was the real impact of this case on Linux in general and on companies like Red Hat specifically? I have many more questions, but will be tossing them around a bit and looking for more information that will surely become available in the coming weeks. Stay tuned.

–jeremy