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

LQ Code Upgrade

I’m happy to announce that after a slight delay, we’ve rolled out the most recent code upgrade to LinuxQuestions.org. You won’t see a huge difference at the site as the main layout remains unchanged. You should notice some performance and usability improvements, nice new features and more ajax sprinkled throughout (using the YUI library). A lot of what you can’t see, however, is behind the scenes. Some common items are now a bit easier for mods and this code base gives us a flexible framework to move forward with some other functionality we’d like to implement. Stay tuned. Thanks once again goes to David for his continued help at LQ.

–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

OOXML Approval Vote Fails in INCITS

From Andy (who recently accepted a more formal role at the Linux Foundation):

As I reported on July 23, INCITS, the US balloting body on the OOXML vote, put out a ballot to see whether the US should vote to approve OOXML, with the ballot to close on August 9. That ballot has now closed on schedule, and there is a public link that shows the vote – which failed, with 8 in favor, 7 opposed, and one abstaining. As I noted previously, a vote of 9 in favor would have been required for passage. That number is a simple majority of the 16 INCITS Executive Board members that have voting privileges on this ballot (in fact, the Board has 18 members, but due to attendance rules, only 16 of the 18 had voting priviliges on this ballot).

There is a second leg of the vote, which also failed: out of the total number responding (in this case, all 16), the abstentions (one) are subtracted, yielding a number (fifteen) of which two-thirds (in this case ten) would need to be in the affirmative.

The link above includes links to the individual comments filed by eleven Executive Board members.

Here’s the link that’s referred to above. The voting results:

* Yes votes: Apple, Department of Homeland Security, the Electronic Industries Allliance, EMC, Hewlett Packard, Intel, Microsoft and Sony Electronics.
* No votes: Farance, Incorporated, GS1 US, IBM, Lexmark International, NIST, Oracle, and the Department of Defense.
* Abstention: IEEE

The IEEE abstention is due to “divergent viewpoints of key IEEE members and stakeholders”. A couple of the yes votes, HP especially, are a bit surprising and it should be noted that many of the no votes are conditional.

–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

Lenovo, Novell partner to offer Linux on the ThinkPad

From Ars:

ThinkPad customers will soon have a new configuration option, as Lenovo and Novell have announced that the popular laptops will begin shipping with SUSE Linux Enterprise Desktop 10 (SLED) preinstalled. Although the ThinkPad has been certified for Linux for some time, this marks the first time Lenovo will ship a laptop with Linux preinstalled—while providing both hardware and OS support. Novell will provide software updates directly to ThinkPad owners, however.
Related Stories

* ThinkPad X60 laptop
* Lenovo unveils T61p ThinkPad

Lenovo says that the decision to offer Linux on its laptops comes as the result of pressure from enterprise customers. “We have seen more customers utilizing and requesting open source notebook solutions in education, government, and the enterprise since our ThinkPad T60p Linux announcement, and today’s announcement expands upon our efforts by offering customers more Linux options,” said Lenovo VP Sam Dusi in a statement.

SUSE will be available on T-series ThinkPads (Lenovo’s business-class notebooks) beginning in the fourth quarter. Aside from the choice of operating system, the SUSE ThinkPads should be in all respects identical to their Windows-running brethren.

One big difference between this and the recent Dell announcement is that this one focuses more on the enterprise, while Dell is going after the enthusiast. It’s clear that Linux demand is now mainstream, which is great. Lenovo originally made this announcement over a year ago though, and one has to wonder what took things so long to come to fruition. It’s great to see that customer demand was the key driver here. Hopefully that will keep Lenovo committed to the product line. The point where hardware manufacturers have to offer a working Linux driver is near.

–jeremy

Dilbert goes Open Source

In case you missed it…

Open Source Dilbert

–jeremy

Off to LinuxWorld

Just about ready to leave for the LinuxWorld Conference and Expo in San Francisco. If you’re attending the Expo be sure to stop by the .org Pavilion and say hello. In addition to exhibiting I’ll be participating in the “Ask the Experts” Q&A session and will help in selecting the 2007 Product Excellence Awards. See you in San Fran.

–jeremy