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ELF and some possible job hunting - updated
Sunday, August 13 2006 @ 02:06 PM EDT

Those of you who tracked the SCOforum events know that some of the breakout sessions were led by SCO's Ron Record, both this year and last. Some of the material we keep finding on the Internet that damages SCO's current claims about ELF and binutils has his name on it too because he's done a number of excellent presentations over the years, such as the one we just told you about from SCOforum 2004 which shows binutils being in GNUtools. [Update: The talk slides have moved here.]

Here's his resume. As you can see, he seems to be anticipating needing a new job soon, writing on his resume, "I may soon be seeking employment as an Open Source Solutions Architect". Naturally, one wonders several things at once.

Update: The resume has now been altered and currently reads, "I am not actively seeking alternate employment at this time." My paralegal brain parses that out to mean if something wonderful fell in his lap, who knows? But that's probably just me.

What does he know that makes him write that? Is the company going bust? Or is it he's had enough? Or is the company thinking about more layoffs? Or maybe he just notices the direction of the arrow on the graph. Or perhaps, since there is no date on the resume, he may have written those words some time ago. Record has been with SCO, oldSCO first, since 1983. He was SCO's Lead Technical Architect, it says, on SCO Linux 4.0, "Powered by UnitedLinux". He almost singlehandedly did the SCO Skunkware project, along with thousands of volunteers around the world, of course. His resume lists him as the author of this paper on it, which begins (and I've marked the parts that stand out to me):

The UNIX technical community has a longstanding tradition of publishing the source code to programs in order to share technical accomplishments and facilitate peer review. Examples of this include sendmail, bind, the X11 graphical windowing system and dozens of USENET newsgroups devoted to the exchange of source. The recent rise in popularity of the Apache web server and the Linux operating system have provided a spotlight for "Open Source" software. How does SCO fit in this picture? How can SCO customers take advantage of this type of software? How can SCO developers contribute to this movement and leverage the eyes and minds of thousands of programmers on the Internet?...

Recent months have seen an explosion in Open Source awareness. However, freely available source code has been with us for dozens of years. Much of the infrastructure of the Internet is based on Open Source software. Many of the core components of a UNIX operating environment are Open Source....

Many Open Source components derived from research work done at Universities. Partly in support of this research the UNIX operating system source has traditionally been offered to Universities at a minimal licensing fee. When SCO acquired the rights to early UNIX source (the Mini UNIX operating system; the UNIX V6 operating system; the PWB UNIX operating system; and the UNIX V7 operating system, which also covers Editions 1-5, and the 32V), source licenses were made available at cost....

SCO recently engaged in an Open Source project which oversees the development and distribution of lxrun, a Linux emulation system. This open source project is being incorporated into UnixWare 7 as a supported feature of the operating system. ...

The lxrun project is an example of how rapidly an open source project can evolve. It's also an example of one of the many Skunkware components that are being absorbed into the standard supported product.

He wrote that in 1999. Today SCO would have us all believe that Unix was always a closely guarded Sooper Seekrit. In 1999, Record wrote a paper on "Porting Open Source Software to SCO," which helpfully explained the following:

Perhaps the single most important step in porting any software is the creation of an appropriate build environment. Fortunately, on SCO OpenServer 5 and UnixWare 7, much of the work has already been done for you. On either platform, simply install the base Operating System, native development system, Java Development Kit and the SCO Skunkware CD included in the Operating System media kit.

If you are not a licensed Development System user you can still build an appropriate development environment by utilizing the GNU development system along with the native libraries and headers. On OpenServer you will need to install the "Linkers and Application Libraries" package of the Development System (no license key is required). On either platform you can simply install the Development System sans license key.

After having installed the Operating System, development system of choice, and SCO Skunkware you will now have access to the standard tools necessary to build most Open Source packages. These tools include the GNU Compiler Collection, Bison, Flex, GNU Make, autoconf, automake, and a wide variety of header files and libraries....

Another configuration area that often causes problems is the building of shared libraries. The ltconfig script contains the platform-specific instructions and options for creating shared libraries.

Record was also a founding member of the 86open Project, which was a 1997 project made up of individuals who wished to address the fragmentation of Unix by developing a way for applications to run smoothly on all types of Unix or Unix-like operating systems on Intel, as the project's home page explains:

On October 1997, a group informally calling itself the 86open project issued a communiqué, discussing the need for a standard binary executable for the various Unix and Unix derivatives which run on Intel 80X86 "PC"-architecture systems.

The group, which had met earlier that year at the headquarters of SCO, eventually included representatives or developers involved with the most popular such operating system suppliers:

* BeOS
* BSDI
* FreeBSD
* Linux
* NetBSD
* SCO
* Sunsoft

The aim of this effort was to encourage software developers to port to the Unix-Intel platform by reducing the effort needed to support the diverse mix of operating systems of this kind currently available.

The original target was a binary format specification which would supportable by each OS, without emulation, in addition to (but not to replace) each OS's native format. The early discussions centered around Linus Torvalds' scheme involving a standardized programmers' function libraries, and agreement on numbering schemes for signals and other interfaces.

The group was making reasonable, if slow, progress into mid 1998. At that time, SCO was involved in the development of lxrun, software which ran Linux-format binaries under the two SCO operating systems (OpenServer and UnixWare).

The possibility that SCO could run Linux binaries made the need for 86open less important. Most of the BSD programs already have solid capabilities for running Linux binaries.

The lxrun package is now stable and runs well. It was officially announced by SCO at LinuxWorld in March 1999, and was later ported by Sun to allow Linux binaries to run under SolarisX86.

With these announcements, the need for a distinct common binary standard is gone. The operating system vendors, one way or another, have chosen a common binary format -- the Linux ELF format, which is now supported on the systems of all the developers which originally joined 86open.

It is therefore only logical that the 86open project declare itself dissolved. Our goal -- the development of a single binary that software vendors can trust will run on most Unix and Unix-derivatives on PC platforms -- has been realized. It didn't come about the original way we had planned, but we achieved what we set out to do.

Thanks to everyone for your participation and interest.

Evan Leibovitch
Chair, 86open project

Interesting little bit of ELF history, don't you think? Who copied whom, then? And so what do you think: did SCO know back in 1997 exactly how ELF in Linux was designed? Did it object? This group met at SCO's headquarters, and Record was there. Here's who the FAQ says was a member of the steering committee:

Q11: Who is involved?
Here is the current membership. Note that only names are given, not affiliations, deliberately (see Q9). Members of the steering committee are in bold:

Tim Bird, Keith Bostic, Chuck Cranor, Michael Davidson, Chris G. Demetriou, Ulrich Drepper, Don Dugger, Marc Ewing, Steve Ginzburg, Jon "maddog" Hall, Ron Holt, Jordan Hubbard, Dave Jensen, Dion Johnson, Kean Johnston, Andrew Josey, Evan Leibovitch, Robert Lipe, Bela Lubkin, Tim Marsland, Greg Page, Bruce Perens, Ron Record, Andrew Roach, Tim Ruckle, Joel Silverstein, Bryan Sparks, Chia-pi Tien, Linus Torvalds, Erik Troan.

Record was not on the steering committee, but he was a founding member, for crying out loud. If you read the FAQ, it explains the name, 86 because Unix on Intel was often referred to as the X86 architecture, and open because they intended their work -- to develop "a method to allow a single binary program to run, unmodified, on any participating OS" -- to be made freely available for all to use. Do you realize the significance of that? They were basing their work on Linux's ELF format, and then planned to release it freely to the world to use. It may have been an informal group, but it was public, and it met in SCO's building, and one of the founding members was Ron Record, who is still with SCO in 2006. Around the same time, SCO wrote lxrun to do the same thing. The 86open FAQ provides more details:

Q18: How can you get a single binary to work identically across all these diverse systems?

Most Unix-on-Intel binary packages are already largely similar. Almost all such operating systems use the "ELF" binary 'packaging'; the various operating systems have small but significant differences, though, that make each system's ELF binary unusable on others'.

Because of earlier binary compatibility efforts such as the iBCS2 (which has been a part of UNIX since System V/386 Release 3.2), most of the older functionality is already quite similar between the systems. Most of the divergence has been in post-iBCS2 developments such as lstat() and mmap(). The 86open group plans to solve this problem by producing a standard set of library functions that would be provided on each participating OS. A binary using these standard functions would dynamically link into the local library containing them, thus allowing it to operate regardless of the different internals of the underlying OS.

It is up the library implementation on each OS to hide any OS-specific behavior behind the standard functions, allowing programmers to concentrate on a single Application Programming Interface (API) for a binary that will work on all systems. Q19 This might work in concept, but is it practical?

Yes, absolutely. One such proof-of-concept is the the lxrun project, which allows Linux binaries to work on SCO and Solaris operating systems by mapping Linux OS-specific system calls to their SCO equivalents by use of a 'shim' library.

The feasibility of a common Unix-on-Intel binary by use of a single library specification was agreed to by all the programmers involved.

Q20: What will be in this new library?

That's what's being worked on at this time. The emphasis is on defining a set of functions that is "sufficient, yet limited", in the words of Linux creator Linus Torvalds. The intention is to include all the basic functions necessary to create applications (and act as a base for other libraries, such as for X Windows), while removing redundancies and unnecessary code according to the groups' consensus.

The group is starting with a conventional Unix 'libc' (GNU's glibc2) as its point of reference. While any participant is welcome to create its own implementation of the 86open library specification, the reference will be based on glibc....

Q22: How will you ensure that the specification is open?

The license of GNU glibc requires that it's freely available in source code, and that all modifications to it be similarly available. Furthermore, 86open is committed to maintaining a reference implementation of its library specification that is available in source code and freely re-distributable.

The lxrun page tells us this:

Lxrun is a user-space program that allows users of SCO(r) OpenServer(tm), UnixWare(tm), and Sun(r) Solaris(tm) x86 operating systems to run ELF and a.out format Linux binaries. It was originally written by Mike Davidson of SCO. It is now maintained under the Mozilla license as an open-development effort. The source maintainer is Steven Ginzburg. All suggestions, ideas, and contributions of source code and patches are welcome.

I think the company had to know, don't you? And if everyone knew that 86open deliberately followed Linux's ELF format, and knew about lxrun, how does it happen that SCO is suing over ELF in 2003-2006, claiming it violates its Most Holy IP, when the company and individuals working there have to know it's not fair and it's years too late even if it were fair?

That is the part of this entire saga that puzzles me so. How do people justify this course? They all sat together at meetings and worked together. Linus was there. How can anyone who worked on the 86open project just go along with attacks on Linux's integrity just because business interests collided? I simply don't understand how that is possible. Why did Record stay after SCO began its scorched earth antiLinux policy? Who knows? Groklaw isn't about personalities and I never want to attack any human, only policies. Maybe he just needed a job, as simple as that. But he's a large part of the SCO history, which makes this all relevant. And it does puzzle me. Not only that but what puzzles me even more is why the legal team didn't ask Record about ELF before they filed such a claim. Or did they and just barreled ahead anyway? And what about the experts? Don't they know this history? If I can find it, why didn't they?

It's sad, really, to think of all Record's seen over the years and all that has happened to the company that he must have loved. A lot of people loved the Santa Cruz Operation. Here's something Record wrote back when the SCO-Caldera deal was announced:

Oh, by the way, hi - i'm new to this list. My name is Ron Record and I promote Microsoft alternatives and open source solutions within SCO....

I'm stoked about the Caldera/SCO deal. It will likely bring a lot more focus to the Open Source work that i've been involved in. As for the Unix business, i guess i should quote Ransom Love, CEO and founder of Caldera:

"Caldera will further broaden and validate both the Linux and UNIX industries and communities, by providing open access to its unified Linux and UNIX technologies, and by offering support, training and professional services to customer worldwide. Caldera is fully committed to supporting and servicing the SCO OpenServer and UnixWare communities."
Sorry about quoting a CEO from a press release. I will be able to say more once the deal is completed. I have a very good feeling about how Caldera is going to drive Unix forward.

It gives you the feel of the man, doesn't it? It's impossible for me to dislike the man, and if he needs a job, I sincerely hope he finds a good one. But his dream, "a desire to see the UNIX cathedrals build bazaar wings and, conversely, the Linux bazaars to incorporate some features of the cathedral development model" was never realistic. Linux, in all frankness, didn't need Unix. It was the other way around, which is why the Unix companies were forever trying to get Linux apps to work smoothly on what they were selling. Linux just kept attracting developers, and that is the fundamental reason why it succeeded. It really had nothing to do with IBM or any other commercial Unix company hitching a ride. It's all about developers, you know. And Linux had them then and it has them now. That's why IBM and HP and all the rest of the enterprise players were attracted to Linux. First came the chicken, and *then* the egg. SCO has been telling it backwards.

And so now, we solemnly add yet another piece of damage to all the human damage that has resulted from this pitiful litigation strategy. But honestly, if the SCO employees that knew the score had clued their bosses in on the futility of this litigation, even if only the detail about ELF and binutils, might it have helped prevent some if not all the damage to the industry? I can't help but wonder, first if it might have, and second why it seems not to have happened. Unless...


  


ELF and some possible job hunting - updated | 367 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Typos Here
Authored by: entre on Sunday, August 13 2006 @ 02:14 PM EDT
For Mathfox today

[ Reply to This | # ]

Off-topic thread starts here
Authored by: Totosplatz on Sunday, August 13 2006 @ 02:22 PM EDT
Make links clicky please.

Greetings from China!

---
All the best to one and all.

[ Reply to This | # ]

86Open Membership
Authored by: Steve Martin on Sunday, August 13 2006 @ 02:27 PM EDT
Is this the same Michael Davidson that wrote the memo to Reg Broughton back in
August 2002 telling him he could find no copyright infringement between UNIX and
Linux?


---
"When I say something, I put my name next to it." -- Isaac Jaffee, "Sports
Night"

[ Reply to This | # ]

ELF and some possible job hunting
Authored by: Glenn on Sunday, August 13 2006 @ 02:44 PM EDT
PJ,
The stuuf you keep digging up is simply amazing. I know that it takes a great
investment in time and a lot of sheer dogged determination along with some great
investigative skills.
It is also amazing that the SCOG has pursued this suit at all. The more I
read, the more frivilous and down right stupid that it seems.
Is Mr. Record on the list of those IBM has deposed? He is one person that the
SCOG surely would not want called as a witness by either side.
After you write your book, you also would seem to have a great career
opportunity in investigative journalism or the like.

Glenn

[ Reply to This | # ]

Could Record have gone on the record?
Authored by: Anonymous on Sunday, August 13 2006 @ 02:44 PM EDT
>But honestly, if the SCO employees that knew the score had clued their
bosses in on the futility of this litigation, even if only the detail about ELF
and binutils, might it have helped prevent some if not all the damage to the
industry?

Honestly, PJ -- there are bosses, and there are bosses. You are very lucky to
have never had a boss that didn't hear anything you said, except what validated
his current psychotic fantasy. The only thing you can do is hunker down and find
a new job. And new jobs haven't been all that easy to find in the
post-2001-atrocity IT field.

And from all signs, Darl is the kind of Boss With A Vision who isn't interested
in the sordid details. Mr. Record may well have been asked to write up something
on illegal use of SCO Precioussss -- if so, he apparently either refused, or
wrote up something that didn't adequately adulate The Vision.

[ Reply to This | # ]

Clueing in
Authored by: rsmith on Sunday, August 13 2006 @ 03:08 PM EDT
if the SCO employees that knew the score had clued their bosses in on the futility of this litigation, even if only the detail about ELF and binutils, might it have helped prevent some if not all the damage to the industry? I can't help but wonder, first if it might have, and second why it seems not to have happened.

In August 2002, Reg Broughton forwarded Darl McBride an e-mail from Michael Davidson, stating that an external consultant (Bob Schwartz) had done detailed code comparisons between SCO's code and Linux and found nothing:

An outside consultant was brought in because I had already voiced the opinion (based on very detailed knowledge of our own source code and a reasonably broad exposure to Linux and other open source projects) that it was a waste of time and that we were not going to find anything.
Bob worked on the project for (I think) 4 to 6 months during which time he looked at the Linux kernel, and a large number of libraries and utilities and compared them with several different vesrions of AT&T UNIX source code. (Most of this work was automated using tools which were designed to to fuzzy matching and ignore trivial differences in formatting and spelling)
At the end, we had found absolutely *nothing*. ie no evidence of any copyright infringement whatsoever.

So, it did happen.

As to why it didn't change anything, I think it is because newSCO's management knows full well that this lawsuit is a scam.

The only thing that this message would tell them is to look for another avenue of attack. Which they have tried several times as their pet theories were debunked.

---
Intellectual Property is an oxymoron.

[ Reply to This | # ]

Changing the pilot
Authored by: jog on Sunday, August 13 2006 @ 03:15 PM EDT
When R. Yarro decided to replace B. Sparks he chose someone to do
his bidding. Yarro and Sparks were both Novell people.
Even though Sparks started Caldera he was not as much an
open source centric person as Ron Record.

Ron Record lives in Santa Cruz not in Lindon. Corporate HQ
thinking probably put him out of the loop. Not that Ralph
would listen anyway. Ralph Yarro == petty power monger that
has had way too much success.
jog

[ Reply to This | # ]

Q11: Tim Bird and Bryan Sparks.
Authored by: arch_dude on Sunday, August 13 2006 @ 03:21 PM EDT
As a reminder:
Bryan Sparks and Tim Bird were very senior members of Caldera's executive
staff. When Caldera spun off Calder Emdedded Syatems, Tim became its CTO and
Bryan became its CEO. Caldera embedded systems eventually changed its name to
Lineo but remained part of the Canopy group. Its main offices were in Lindon
Utah, in a Canopy building.

[ Reply to This | # ]

Ron Record, Loyalty to customers, and Skunkware
Authored by: arch_dude on Sunday, August 13 2006 @ 03:31 PM EDT
This is pure speculation, as I never had anything to do with the Santa Cruz
Operation or with Cladera after the merger, and I do not know Ron Record.

When you give a big chunk of your life to a software product and that product is
useful to a large bunch of people, you develop a sense of obligation to the user
base. This exhibits itself in many ways. One of them is staying on at a company
whose management has changed for the worse, in the hope that you can somehow
keep your product alive. This may be what Ron did, and it may be the reason why
Shunkware was still on the web servers. And that may be why Ron feels he may be
looking for a job soon.

[ Reply to This | # ]

ELF and some possible job hunting
Authored by: Anonymous on Sunday, August 13 2006 @ 03:42 PM EDT
It looks like this is the only company he's worked for since he was a student,
many years ago. Inertia can be a powerful thing, and some people are so scared
of change they have a lot of trouble leaving a bad situation. He may feel that
he doesn't even remember how to look for a job.

I could of course, be completely wrong about this, as I am in a similar
situation myself, though without the ethical issues, just deteriorating
management. His reasons for staying could be entirely different.

Ptraci.

[ Reply to This | # ]

Methods and concepts versus trade secrets
Authored by: BsAtHome on Sunday, August 13 2006 @ 04:24 PM EDT
I have been speculating a for a while and there is something that does not make
sense at all. SCO started with a trade secret claim, which it dropped fairly
early on in the case. Now it is pounding the methods and concepts drum and how
some evil xyz disclosed them.

Now here is what does not make sense to me:
If methods and concepts are to be kept confidential per contract, then they are
trade secrets by the fact that they are some secret sauce which has to be kept
confidential. However, SCO admitted that there are no trade secrets in unix.
Ergo there are no methods and concepts that are secret anymore.

Am I too far off here?


---
SCOop of the day

[ Reply to This | # ]

Concepts and Methods revealed again......
Authored by: tiger99 on Sunday, August 13 2006 @ 05:19 PM EDT
A paper referenced in Ron Record's CV is here and is very interesting technically!

I think this guy will be a great asset to his next employer, and with his experience probably should have had Gupta's job. I sense that he is still at SCO out of a sense of obligation to look after his work, for which SCO need him too. But I also sense that he has been out of favour with the management for some time, for obvious reasons. I wish him well in the future, and am sure we will be hearing of his work again in a more favourable context.

[ Reply to This | # ]

ELF and some possible job hunting
Authored by: Anonymous on Sunday, August 13 2006 @ 06:17 PM EDT
When you google for 'gabi elf' on google groups you find often a link to
"http://www.sco.com/developer/gabi/contents.html" wich is the
specification of elf.
So the Elf specification was publicly availeble on SCO website.

[ Reply to This | # ]

ELF and some possible job hunting
Authored by: Anonymous on Sunday, August 13 2006 @ 06:25 PM EDT
The gAbi/Elf specification is publicly available from the sco websites. There is
no restriction in it's uses:

http://www.sco.com/developers/devspecs/

[ Reply to This | # ]

Bela Lubkin
Authored by: Anonymous on Sunday, August 13 2006 @ 06:27 PM EDT
I have used SCO OpenServer for nearly 10 years and Bela's name was often on mailing lists and newsgroups related to O/S. He was active in helping people like me get different things working on SCO, so he might be worth looking into for that little bit extra in the history department, especially since he was on 86open.

He worked for SCO for 15 years and left last year according to http://aplawrence.com/Consult/bela/

PJB

[ Reply to This | # ]

ELF is claimed by the open standards group
Authored by: Anonymous on Sunday, August 13 2006 @ 07:20 PM EDT
ELF standard so what has SCO got to do with it anyway?

[ Reply to This | # ]

A statement from a former SCO employee
Authored by: Maple Syrup on Sunday, August 13 2006 @ 08:14 PM EDT
I used to work for oldSCO, from 1987-1991. It was a remarkable place to work,
with clued-in bosses, a great technical environment, a free-wheeling defiance of
authority, and a chance to work in high-tech in the beautiful and bucolic
environment of Santa Cruz, California, instead of having to deal with the urban
sprawl (and horrific traffic) of San Jose.

I was a college student in the Computer Science program at UC Santa Cruz at the
time, and there was a direct pipeline that ran down the hill from the UC CS
department straight into the Engineering team at SCO, carrying the best,
brightest, and most passionate straight into careers in high-tech. At the time,
they didn't care if you had a degree or not: it was more a matter of could you
do the work and handle the pace. There were wonderful payoffs if you could.

The most (in)famous feature of the Engineering building was the SCO hot tub,
which was definitely clothing-optional. Someplace around here I have a clipping
from the local free paper describing what happened when some IBM representatives
were visiting, and Just Happened to run into one of the Engineers walking down
the corridor on his way to the hot tub, wearing nothing but a towel -- thrown
over his shoulder. (Hmmm... if I can find that, I should post it.)

There were, of course, the nerf gun fights in the hallways. And the SCO
Solstice party (because we were far too eclectic a group to have a Christmas
party - or even a Holiday party), where the company rented out the Santa Cruz
Boardwalk (sort of a mini-Coney Island), and everybody dressed up in tuxedos and
formal gowns, visited the hosted bar, and then went out to ride the roller
coasters and the bumper cars (which were free for us for the night).

But the highlight of the year was definitely the SCO Follies, which was the
45-minute to hour-long sequence of sketches written, directed, and produced by
some of the more outrageous members of the Engineering team. The Follies had
the express purpose of satirizing the company -- and especially its management.
It's a measure of how clued-in the management was that they not only tolerated
this during a company event, but they actually provided *funding* for it.

(As an aside: as I was hanging around one evening after the Follies had just
finished, I overheard Doug Michaels (the then-CEO) talking to a newly-hired EVP,
who had just been skewered by some very pointed bit of satire. Doug's reaction?
"It's a good thing when they make fun of you - it means that you're
important.")

The other thing to understand about the corporate culture is that we were all
convinced that SCO was going to save the world from MicroSoft. We were all
convinced that Unix on commodity hardware (i.e. Intel) was the wave of the
future, and that SCO was the last, best hope of the forces of righteousness.
There was a definite sense of purpose - of wanting to give the average Joe an
operating system that didn't and didn't crash.

(I know that our customers often felt differently about it - but at SCO we felt
like we were out to save the world.)

As I said, I left in 1991. But I've stayed in the area, and I've stayed in
touch with my friends who were -- and are -- employees.

Disclaimer: the remainder of this post is pure speculation. I have no insider
knowledge, either direct or indirect. I am basing most of this on what I've
read in Groklaw, along with my experience in dealing with senior management at
other companies where I've worked -- plus a large dose of
"fill-in-the-blanks" from my conversations with friends who worked or
who still work at SCO.

That said, here's what I think happened.

1) Doug Michels - a very smart guy - realizes that there is no future in selling
SCO UNIX for $2000 per copy, when Linux is free, and coming up strong. He
decides to sell the company, and to make a go of Tarantella (which, at the time,
looked like it had a lot of promise).

2) Ransom Love and/or the Caldera board decides to buy the SCO Unix business,
because of the strength of the reseller / VAR channel. The intention is to use
the SCO reseller channel to sell Caldera Linux. This strategy doesn't work, for
a variety of reasons. In the meantime, the management side of the business is
moved to Utah, with the Engineering teams staying in Santa Cruz and Murray Hill
NJ.

3) Ransom Love is fired by the board of Caldera for not increasing corporate
revenues and because the stock price is flat. The board - busness people
without any technical expertise - bring in Darl McBride. They give him some
sort of performance goals for revenues and stock price, and they give him a
compensation package (ie - options or SARs) that depends on his increasing both
of them.

4) Darl is not technical, and has no sense of the corporate history. He is also
largely out of touch with the engineering teams in Santa Cruz and New Jersey.
He's got a history of successfully using IP issues go turn around companies from
his time at Silicon Steamcell, plus the Caldera board hs seen the recent success
of the DR-DOS litigation against Microsoft. (Wild speculation: the Caldera
*board* wanted to take the litigation route, and deliberately went looking for
someone who had a track record of successful IP litigation.) He decides to take
the litigation route.

5) Darl looks at the Linux code and the SVR4 code himself, and sees the
"copied" portions (which - as we now all know - were opened as part of
the BSD agreement) and decides that he's got a slam-dunk case. He tells the
board this, and they get dollar signs in their eyes.

5) As part of his due diligence, Darl talks to the SCO Engineering team, and
hires consultants to do an arbitrary audit. The techies *do* know the history
of the Unix code, including the published standards and the BSD deal, and they
try to discourage him.

For whatever reason, Darl, being a "CEO" type (in the worst sense of
the word) ignores them.

Why? Well, they are in Santa Cruz, haven't established relationships with him,
and are probably Not His Type Of People (since they're techies). Maybe he
thinks that the techies are not agressive enough, maybe he thinks they don't
have business sense, maybe they don't try to explain the history of Unix to him,
maybe he Just Doesn't Listen: for whatever reason, Darl decides to believe his
own eyes instead of what the techs tell him.

6) Darl goes on the litigation and PR offensive. We've discussed most of it
here. What's key to understand is that in the beginning - he truly believes all
of it. That's why he's so confident - he thinks he's got a winner, and he's
going to bet heavy and go for broke.

7) The initial strategy is wildly successful. Darl gets millions in funding,
and the stock price goes up over 2,000%.

8) The Linux community (and Groklaw) go to work, and the facts come in. Oopsie!
Over the course of a year or so, Darl (& the legal team) realize that they
have no case, and have opened themselves up to countersuits that will destroy
their company. The legal strategy becomes one of delay, delay, delay.

9) Here's the biggest speculation of all: I think that at this point, Darl and
the members of the Caldera/newSCO board had individual conversations with their
private lawyers, who brought up the phrase "piercing the corporate
veil", or possibly "breach of fiduciary duty". Suddenly, they
were all of them looking at the possibility of being *personally* liable for
these shenanigans.

A question for the lawyers in the group: does *intent* matter here? If they
dropped the litigation, would they be open to charges of "bad faith"
or a shareholder lawsuit charging breach of fiduciary duty?

If so, that would explain the rest of it - why the legal tactics changed, why
the strategy of delay, why the lack of a PR offensive. In short, I think that
right now the senior management is hoping for a miracle.

10) In the meantime, the engineers at newSCO are just as isolated from their new
management as the management is isolated from them. Not realizing that their
company has changed its fundemental nature, they go on thinking that they are
working for a technology company instead of a litigation company. (I know for a
fact that the engineers who have stayed are thinking this way.)

So, they see no reason to take down the Skunkware disks, which have been up
there since 1991. (That's right - the first Skunkware distribution went up when
I was still working for SCO!)

----------
Is what I've described an accurate account of what happened? I don't know - and
the people who *do* know have a strong incentive to lie about it. What I *do*
know is that the scenario above explains almost everything that's happened in
the case so far.

In short: it makes sense to me!

-Maple Syrup

P.S. I knew Ron Record and Mike Davidson *very* slightly. Some of my friends
know them much better. They're both Good Guys.

[ Reply to This | # ]

PJ, I think you missed a big one
Authored by: Anonymous on Sunday, August 13 2006 @ 08:56 PM EDT
"The lxrun package is now stable and runs well. It was officially announced
by SCO at LinuxWorld in March 1999, and was later ported by Sun to allow Linux
binaries to run under SolarisX86."

Um. **PORTED BY SUN**? That means source code was known to and available to
others even before IBM started with Linux. You don't port without source, and
Sun (and probably many others) certainly had it. In this case, the package was
SPECIFICALLY for Linux programs to run, OS level to OS level interaction (same
with SCO). They CANNOT claim ignorance.

[ Reply to This | # ]

PJ, you missed another one!
Authored by: Maple Syrup on Sunday, August 13 2006 @ 09:43 PM EDT
Hi PJ!

Even if Ron Record wasn't a member of the 86open project steering committee, Dion Johnson - another SCO employee - was. Dion was Product Manager for oldSCO and newSCO for many years.

Here is a link to an email Dion sent in 2002, announcing that Caldera was placing the source code to "ancient" unix under a BSD-style license. I assume if he was working for SCO in 2002, then he was also there in 1997.

    -Maple Syrup

P.S. -- PJ, I hope your back gets better soon!

[ Reply to This | # ]

He's looking for job since 2003
Authored by: Anonymous on Monday, August 14 2006 @ 03:01 AM EDT
The Internet Archive Wayback Machine tells us that he wrote those words sometime between Aug 11, 2002 and Feb 23, 2003.

[ Reply to This | # ]

haha, this is the biggest punch on the ELF claims so far
Authored by: Anonymous on Monday, August 14 2006 @ 03:17 AM EDT
The possibility that SCO could run Linux binaries made the need for 86open less
important. Most of the BSD programs already have solid capabilities for running
Linux binaries.

The lxrun package is now stable and runs well. It was officially announced by
SCO at LinuxWorld in March 1999, and was later ported by Sun to allow Linux
binaries to run under SolarisX86.

With these announcements, the need for a distinct common binary standard is
gone. The operating system vendors, one way or another, have chosen a common
binary format -- the Linux ELF format, which is now supported on the systems of
all the developers which originally joined 86open.

It is therefore only logical that the 86open project declare itself dissolved.
Our goal -- the development of a single binary that software vendors can trust
will run on most Unix and Unix-derivatives on PC platforms -- has been realized.
It didn't come about the original way we had planned, but we achieved what we
set out to do.


So, the 'common PC unix binary executable standard' is actually Linux ELF.

[ Reply to This | # ]

ELF and some possible job hunting
Authored by: luvr on Monday, August 14 2006 @ 04:04 AM EDT
"As you can see, he seems to be anticipating needing a new job soon"

Seeing how SCO removes any damaging evidence shortly after Groklaw reports on it, I'm sure it won't be long now...

"since there is no date on the resume, he may have written those words some time ago"

The page does say, under the "Technical Leadership" heading:

"2006, Senior SCO Security Officer - monitor security alerts, create and post security advisories"

So, yes, he may have written those words quite a while ago, but some time earlier this year, he must have considered them valid.

Anyway, he seems to be a fine chap, so I wish him all the best! He could certainly be a valuable employee to a well-meaning company.

[ Reply to This | # ]

Wikipedia article
Authored by: David Gerard on Monday, August 14 2006 @ 05:36 AM EDT
I've just written a quick Wikipedia article on 86open.

There's one problem: is there any evidence of third-party notability for 86open? If there is, please add it to the article (or at least the talk page). The only sources I have are directly related to the project.

[ Reply to This | # ]

Danger to Kimball?
Authored by: Anonymous on Monday, August 14 2006 @ 06:49 AM EDT
When Judge Kimball sees the letter showing how ELF actually eminates from Linux, rather than being "copied" by Linux, mightn't he die laughing?

This seems so damaging to SCO's ELF claims that it's almost hard to believe.

[ Reply to This | # ]

SCO Alumni Directory
Authored by: Anonymous on Monday, August 14 2006 @ 10:50 AM EDT
Ron Record's resume reminds me of all the remarkably talented people that used to work at old SCO.

His website offered a link to the SCO alumni website, here's an interesting listing sorted by the date they left:

If you have an account and login you'll have access to another 219 private listings.

[ Reply to This | # ]

ELF and some possible job hunting
Authored by: Groklaw Lurker on Monday, August 14 2006 @ 12:12 PM EDT
Naturally, it is crucially important that we not paint Dr. Record with the same
brush as McBride and his ilk. Dr. Record has actually had these (or very
similar) words on his resume for several years. As I recall, he once said
something to the effect (several years ago) that he had awoken one morning to
find himself employed by the most despised company in the world (or words to
similar effect - I can't recall the exact phraseology he used), something he
most certainly doesn't deserve.

Dr. Record, along with virtually the entire technical staff at Old Sco were some
of the nicest, most helpful folks you could ever want to meet. On a number of
ocassions they helped me resolve such difficult issues as kernal panics (and
double panics) by delving deep in the kernal source code line by line while I
ran the 'crash' utility to examine the dumped core, all over the phone. They
never failed to work the problem all the way to the end, no matter what it
took.

Dr. Record is merely one of the folks who made Old SCO a successful enterprise.
There were many others and none of them should ever be confused with SCO's
current, er, shall we say 'management team', to be polite.

Regards:


---
(GL) Groklaw Lurker
End the tyranny, abolish software patents.

[ Reply to This | # ]

86open - how far back in time?
Authored by: SpaceLifeForm on Monday, August 14 2006 @ 02:37 PM EDT
Old Usenet post from Tues, Mar 24 1998 12:00 am.

The 86open FAQ

Last updated: December 23, 1997

Q19: This might work in concept, but is it practical?

Yes, absolutely. One such proof-of-concept is the the lxrun project, which allows Linux binaries to work on SCO and Solaris operating systems by mapping Linux OS-specific system calls to their SCO equivalents by use of a 'shim' library.

---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

The SCO execs knew. For Sure.
Authored by: blang on Monday, August 14 2006 @ 03:56 PM EDT
"But honestly, if the SCO employees that knew the score had clued their
bosses in on the futility of this litigation, even if only the detail about ELF
and binutils, might it have helped prevent some if not all the damage to the
industry? I can't help but wonder, first if it might have, and second why it
seems not to have happened. Unless..."

Oh, I am sure the techies DID clue their bosses in. For example the Davidson
memo, which both Reg Broughton adn Darl was aware of. Davidson wrote (in other
words) that there were matches, but that these were for code that is not
protectable, or originating from third partiers, such as X1186.

Another clue can be readily found when comparing the specific claims (which were
all prepared by late-arriving outsiders) with the code comparison's SCO early
had found.

It is very obvious to me, that SCO simply shopped around and asked question,
untill they found the answers they wanted to hear. Either from inside techies
that didn't dare expose the naked emperors, or from inside techies that didn't
much care.

SCO management knew very well that the reason they disclosed the code
comparisons in such a circumspect way (using dingbat fonts, NDA's and whatnot),
is that they ALREADY KNEW that the code was not protectable or originating from
third parties. A good old grifter's conjuror's trick.

Still, this dog and pony show was sufficient to land them over $50M dollars i
financing, and saw their stock price soar from penny stock to $20.

I believe that with one or two whistle-blowers with inside knowledge of what
information Darl& Co had, versus the public statements they made, might land
the SCO execs in some real criminal trouble. Not only did these execs harm the
investing public, but they also managed to enrich themselves, at least
temporarily.

[ Reply to This | # ]

OT by Far. Campus IT. M$ Omnipotent
Authored by: webster on Monday, August 14 2006 @ 05:08 PM EDT
.
We are preparing to send our oldest child off to college. I had been told
that she needed her own laptop. I hadn't owned a laptop since mine was stolen
many years ago. I looked forward to getting one with her. Unbeknownst to me,
my daughter and her mother went out and snatched up a laptop without me.

I'm sure they were afraid I would do something like get a used ThinkPad
with Ubuntu on it. I don't have an unboken Window's box in the house at the
moment. They therefore blame me or "that weird system" whenever
anything breaks or they can't print with the one running computer, on Linux.

Now that they have the computer, they asked me about connecting to the
college network. They said they thought they needed a "special plug"
if she could not connect through the air. I was at least gratified to hear that
they had acquired a MacBook [plus IPod!] I had misgivings about Office for OS
X. She is going to Mac classes and I have not been invited to try it out.

I consulted the college website and was unpleasantly surprised at what I
found there. It is limited for a place of higher learning. There is a
University Technology Services (UTS) that runs the school network. They of
course offer software at a discount. Under software downloads they only offer
Windows and Mac items. As far as the office modules, they only offer viewers.
They then have links to where students can obtain further software under the
campus license.

Under "Supported Software and Operating Systems" they only listed
Windows and Mac versions. They also supported McAfee products, M$ Office
products, various browsers, Mozilla 1.2.1 but no Firefox.

They lead off "Unsupported Software and Operating Systems" with
"Unix/Linux Operating Systems or Applications." They explain as
follows:

***"Unsupported services include those for which UTS has not trained “in
house” staff to support a non-standard product. To offer any support, UTS will
have to acquire outside contractor or vendor resources. These types of services
will usually result in additional costs to the customer. Costs include time
spent on products with limited use, training our technical personnel, and the
cost of purchasing licenses which UTS does not have a volume or site license
agreement for. Thus, UTS has standardized the above applications in order to
reduce license and support cost. The list below provides states our non-standard
products: ....."***

Doesn't it strike you that, for a university, this betrays some ignorance
and FUD. With Linux, they would not necessarily have to purchase licenses. The
fact that they can't support any license betrays a great weakness in their
technological prowess. They reveal themselve to be far from the cutting edge.
Geeks need not apply. They profess to limiting the choices "in order to
reduce license and support cost." Ironically their so limiting themselves
achieves exactly the opposite - increased licensing and support costs. It is
amazing what free support you can get for Ubuntu using Google.

I have not looked around but I suspect that this must be the rule at most
universities, even those with superior IT departments. Does anyone out there
know something more enlighening about the status of IT on campus? It looks like
a Windows world as usual. (And ,yes, scratching under my tinfoil hat I wonder
who owns UTS.) Are there any "non-Windows" campi?


---
webster

[ Reply to This | # ]

Update is questionable...
Authored by: Anonymous on Monday, August 14 2006 @ 06:17 PM EDT
Update: The resume has now been altered and currently reads, "I am not
actively seeking alternate employment at this time." My paralegal brain
parses that out to mean if something wonderful fell in his lap, who knows? But
that's probably just me.

Being the cynic I am, this reads to me as that he has been threatened by legal
action.

Somebody find this man a job away from these people.

All I can think of when I parse this is "You don't update that resume and
you'll find yourself sleeping with the fishes."

Sounds much too questionable to me...

I don't believe much in coincidences.

-S

[ Reply to This | # ]

Placement of 'update' paragraph calls for a little editing
Authored by: Larry West on Monday, August 14 2006 @ 07:56 PM EDT

The section beginning

    What does he know that makes him write that?

which originally followed Record's statement that he

    … may soon be seeking employment …

now follows the update, which quotes him as saying:

    I am not actively seeking alternate employment…

 

I think the sense of PJ's question is now different from that intended.

L

[ Reply to This | # ]

Update due today?
Authored by: grahamt on Monday, August 14 2006 @ 11:34 PM EDT
According to

http://www.groklaw.net/pdf/IBM-73 2.pdf

Aug 14 was the due date for IBM's replay to SCO's appeal motion.

Does anyone know when we might expect to see any activity on Pacer?

[ Reply to This | # ]

Perhaps it was this attitude.......
Authored by: Anonymous on Tuesday, August 15 2006 @ 08:44 AM EDT
....that was Darl's problem.

"What you have never grasped, aside from simple politeness, is that I run Groklaw. You don't. Nothing you ever write will influence me to run it your way."(substitute SCOG for Groklaw) Link

It could be that simple, some bosses just will not listen.

[ Reply to This | # ]

ELF and some possible job hunting - updated
Authored by: Anonymous on Thursday, August 17 2006 @ 12:23 PM EDT
Got to give him props for a sense of humor.
http://ronrecord.com/resume.html :
OBJECTIVES
* To get people to read my resume and comment on every change i make.

[ Reply to This | # ]

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