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SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries - Updated
Thursday, March 10 2011 @ 12:22 AM EST

On January 5th, it was announced that Koch Industries had sued a Utah web host, Bluehost, seeking names of pranksters who had put out a spoof press release and then posted it on a website made to look like Koch's. Koch is asserting trademark infringement, unfair competition, breach of contract, and cyberpiracy under state and federal law, including a claim using the incredibly popular and oppressively flexible Computer Fraud and Abuse Act. It's the dernier cri in litigation, ya know. The New York Times provides some background on the case, which involved Koch Industries unmasking some anonymous defendants and trying to make them pay for making fun of them. Bluehost totally caved, by the way.

The case caught my eye originally because it was assigned to the Hon. Dale Kimball, the judge who originally presided over both SCO v. IBM and SCO v. Novell in US District Court in Utah. So it piqued my curiosity, and I took a look. And then the weirdest thing happened.

As I read the filings, particularly Public Citizens' Memorandum in Support of Motion to Quash, Issue Protective Order, and Dismiss Complaint [here's the Motion it supports, both PDFs], I was struck by two things: 1) the allegations seemed over the top in the SCO-esque sense and 2) Koch Industries is represented by Parsons Behle, the same law firm that represented Canopy Group in its litigation against Ralph Yarro, ousting him from his position with the company in 2004 and totally in 2005. He remained with SCO Group as chairman of the board, until the company filed for bankruptcy in 2007. But looking at the subpoena [PDF] Yarro's lawyers served on Parsons Behle in that litigation, I saw that the firm had represented Canopy Group from 1998 onward, meaning that for some time, they represented Canopy when Yarro was heading it up.

Woah. Is there a Yarro-Koch connection? A unXis connection? After all, unXis seems to have some connections to energy interests, and that's Koch's field. And always, over the years, in reporting on the SCO saga, who do we find peeking out from behind the curtain? Microsoft.

Here we go again: LinkedIn lists one of the people unXis says will be on their advisory board, Craig Feied, as a current Microsoft employee. That means not only is a Microsoft-organized entity trying to purchase Novell's patents, it has someone willing to advise unXis, an entity also just formed for the current purpose of buying up pretty much all the rest of SCO's assets. Then unXis today told the Salt Lake Tribune they've contacted Novell and asked them to work with unXis instead of appealing the bankruptcy court's ruling allowing unXis to buy the assets:

“What I suggested to them is if they work with us, they have access for [their] tool suites to our server base of over a million servers,” said Bolandz. “That makes business sense.”
Tool suites? Novell? That's more Attachmate, the folks trying to buy Novell. Will the new owners, Attachmate, go along with this travesty of a sale and partner with unXis? Is that what this is all about?

This is starting to creep me out.

SCO at the hearing about the sale and in the Declaration of Richard Bolandz [PDF], the CEO of unXis, identified Feied as "Director of the ER One Institutes for Innovation in Medicine". But LinkedIn, Jigsaw, and Facebook list Feied as Chief Health Strategy Officer at Microsoft. If you have an account, which I don't, you can see it, meaning you can't see the information unless you do, but I'd rather die, frankly, than give my info to those people, but someone sent me the url.

Microsoft has long denied being the wind beneath SCO's wings, but what do you think now? Microsoft is currently trying to buy Novell's patents, via a Microsoft-organized entity, and it also now will have someone on the advisory board of the company that bankruptcy court says can buy SCO's UnixWare and OpenServer assets, as well as getting licenses to use copyrighted UNIX materials that belong to Novell -- very much against old-Novell's will. This after a determined course of behavior on SCO's part to damage Linux in the marketplace.

Man. Partnering with Microsoft leads to horror, I've concluded.

So, what did I find about Koch connections?

The Canopy-Yarro-Koch Connection:

When Altiris, a Canopy Group company, went public in 2002, Ralph Yarro, the chairman of the board of SCO Group, was in charge of Canopy. In its SEC filing regarding the IPO, Altiris listed two facts: 1.) that Canopy was the majority shareholder of Altiris; and 2.) that Koch Industries was a customer of Altiris:

The following case studies illustrate how some representative customers are using our products to deploy and manage applications through different phases of the IT lifecycle. These case studies do not constitute endorsements by the respective customers of Altiris or our products and services….

Koch Industries

According to Forbes, Koch Industries Inc. is the second largest privately held company in the United States. Koch companies have IT operations that include over 8,000 individual workstations, approximately 800 of which are laptops, spread across twenty sites and multiple business units worldwide. Koch required an inventory management solution to extend existing inventory tracking and reporting capabilities that is capable of easily integrating with Microsoft SMS 2.0. The solution needed to provide detailed inventory information and satisfy its IT solution pricing, maintenance and upkeep requirements. In August of 2000, Koch Industries chose the Altiris Inventory Solution module over competing products based on price, ease of integration with SMS, low maintenance and upkeep requirements, and detail of inventory data. The Altiris Inventory Solution suite integrated natively with Microsoft SMS and enables Koch companies to perform comprehensive hardware and software inventory for WAN, LAN and mobile clients across various Windows environments. The Altiris suite also provides Koch companies with significant Web reporting capabilities, ranging from comprehensive listings of hardware assets to complete lists of installed software, for presentation in pre-packaged or customized user-designed reports.

That's our first connection, Canopy, Yarro and Koch Industries. At a minimum, Yarro knows them and has done business with them, back when he was at Canopy. That might explain the fact that Koch Industries and Canopy use the same law firm, Parsons, Behle & Latimer.

This book, Contributions to the American Economy [PDF] lists both Ray Noorda and the Koch Brothers as successful Dutch Americans. I don't know if that means they knew each other too, but I'd assume so, since Noorda was Canopy then too. Both Canopy Group and Koch Industries donated to the Romney for President campaign in 2008, by the way.

This listing of lobbyists lobbying Homeland Security, listed by the Sunlight Foundation, lists the areas where Koch Industries is active in that context:

9E5ED4F8-FE89-44BA-9052-F19204B5673B,REGISTRATION,Siff & Associates PLLC,Koch Industries Public Sector,2010-11-03 15:01:31, Financial Institutions/Investments/Securities|Energy/Nuclear|Law Enforcement/Crime/Criminal Justice|Homeland Security|Chemicals/Chemical Industry, "Issues related to federal energy and environmental policy; homeland security and critical infrastructure protection; criminal justice, legal, and judicial processes reform."
The ADTI-Microsoft-Koch Connection:

There is, according to this Deltoid article from 2004, a connection between ADTI and Koch Industries, as well. ADTI, which back then was funded by Microsoft and also by Koch, among others, also supported SCO's theory of Linux's beginnings, if you recall, that it was plagiarized Minix code.

Isn't this getting eerie?

There seems to be a Carlyle-Elliott-Koch connection too. Koch Industries and Carlyle Group share another lawyer, John Holland, a partner at Latham & Watkins.

If you really want to be creeped out, a representative of Paul Singer, head of Elliott Associates, the company that first tried to buy Novell outright and then accepted an investment role in Attachmate, the company that is buying Novell attended a meeting of the super-rich hosted by Koch Industries last October, according to this article. Small world, or what? And Stephen Cohen of Elliott Associates and David Koch both donated to Marco Rubio's successful Florida campaign. Top 100 Donations/Contributions in the 2000 Election Cycle to the National Republican Senatorial Committee include David Koch and Paul Singer of Elliott Associates. Birds of a feather.

All of this is reminding me that when SCO first started to trash talk Linux in 2002-3, a guy who had worked with then CEO Darl McBride wrote an article stating that in his view, McBride was motivated primarily by extreme right-wing political views. I discounted it at the time, and because Groklaw isn't political by choice I didn't even write much about that, wishing to avoid it, but now, I must admit, I'm starting to wonder.

Is it possible that, like ADTI, the money folks behind SCO misunderstand Linux and the GPL and think there is something unAmerican about it? ADTI's Ken Brown, if you recall, suggested in 2004 that Linux was plagiarized from Minix (which Andrew Tanenbaum himself debunked) and that Open Source should be banned in commerce and be state-sponsored for universities to use. ADTI issued its last press release in 2007.

Remember when Microsoft's Steve Ballmer called Linux Communism? Ken Brown did too. Here's part of what he alleged, as reported on TechWorld:

The conflicts with IP law are self-evident, Brown argues. "After a brief glance at much open source software development, it becomes readily apparent that a number of open source practices directly conflict with best practices associated with protecting intellectual property," he writes. "Both intentionally and unintentionally, users, developers, and distributors are in conflict with traditional, staid intellectual property law." Among the potential conflicts are "licensing, attribution, anonymity, derivative works, and indemnification", according to Brown.
The International Intellectual Property Alliance still says stuff like that, by the way, saying as recently as last year that countries be placed on a special trade watchlist if they recommend the use of open source software.

Then last year, Richard Clarke complained that the US was too slow to deal with cybersecurity and said that Microsoft had gone on the warpath to slow down any switch to Linux and Open Source:

Why has the national response to this problem been so slow? Lack of consensus on what to do and fear of the “R-word”—government regulation, Clarke contends. Then there’s Reason Number Five on his list, which basically boils down to “Microsoft.”

“Some people like things the way they are,” Clarke obliquely observes. “Some of those people have bought access.” Microsoft, he notes, is a prominent member of OpenSecrets.org’s “Heavy Hitters” political donor list. Most of the list’s stars are trade associations. “Microsoft is one of only seven companies that make the cut.”

The software giant’s largesse has shifted from Republicans back in the Clinton antitrust days to Obama, he continues, but the agenda is always clear: “Don’t regulate security in the software industry, don’t let the Pentagon stop using our software no matter how many security flaws it has, and don’t say anything about software production overseas or deals with China.”

Could this just be one of those awful dovetails? Back in 2003, the chairman of ADTI, Gregory Fossedal, wrote this:
Smart investors are putting their shorts on the computer software industry, with a special emphasis on the pitiful, helpless giants such as Sun Microsystems, Oracle, and even Microsoft. Awash with cash and wishy-washy bureaucracy that would have scandalized their founders 25 years ago, these are the giants that have the farthest to fall -- and will have the most difficult time dealing not only with emerging market piracy, but the more subtle assault of "open source" software termites operating in the U.S. and Western Europe.

Straightforward piracy is an issue solved for the software industry 25 years ago by a brilliant young executive named Bill Gates, who realized that only by basing software on undisclosed "source code" could the industry ever really thrive. Today, however, the quasi-monopoly enjoyed (in various sectors) by Microsoft, Oracle, and Sun is highly vulnerable to outright theft by such nations as Brazil, China, and Russia -- to name just three....

Open Source is termites. Bill Gates is brilliant. Security comes from obscurity. But of course, there was more from him:
Sun and Oracle have even tried to sidle up to the Linux and open-source movement. In effect, they have invited the termites into their house, hoping that after a little munching a symbiotic relationship can be worked out. "Let them eat Microsoft," is the motto, and, to be sure, there is a special hatred reserved only for Bill Gates among the community of programmers who couldn't get hired, or compete, with the Redmond wunderkind over several generations of products. . . .

The little competitors, indeed, are already fighting amongst themselves, much as some types of insects and carnivorous fish eat themselves. Heck, they're already suing each other. In this too, the software industry takes much hope, much as the recording industry delighted in its ability to crush this music-sharing program, or that overseas piracy operation. Pirates, one can kill -- but piracy, especially once it is welcomed into the intellectual community, just changes its address. And termites, unless completely exterminated, just keep munching.

He went on to advise people to short proprietary software companies and buy SCO stock:
On the buy side, there are dozens of feisty young companies -- Red Hat, Sco Group, and VA Software -- that are already taking advantage of the new global paradigm.
Why not just buy SCO?

By then, SCO had stopped selling Linux, but then again, they had SCOsource, speaking of vermin eating away at other people's stuff.

In 2004, ADTI said Linux was on a collision course with patents. That certainly dovetails with Microsoft's message and behavior. ADTI also said selling GPL'd software was "inane", because you can get it for free.

Sigh. Tell Red Hat. SCO is heading to extinction, after all, but Red Hat is piling its gold in warehouses, so to speak. Methinks ADTI isn't someone whose advice you want to follow with your wallet.

Here's a page that collected more resources for you to check out on ADTI and Microsoft and Koch Industries, if you are interested in digging deeper. Greenpeace released a report [PDF] on Koch Industries' funding of global warming denial. If you were a major polluter, you might think that was a sane strategy, and Koch Industries made the top ten worst corporate polluters in the US in this study by the Political Economy Research Institute last year. As Congressman Henry Waxman pointed out, you can rewrite laws, but you can't rewrite the laws of nature.

You can find more resources in Wikipedia's article on the company. But while both Microsoft and Koch were funding ADTI, Koch's interest was more in tobacco, I gather. ADTI used to try to prove it wasn't harmful and the government should mind its own business.

To be fair, here, for the other side of the coin, are some of the honors and awards Koch Industries has won over the years. And here is Charles Koch in his own words a few days ago in the Wall Street Journal. Here's the Koch page where the company answers its critics, including a statement about the litigation over the parody, and where we find a statement that Fred Koch was a supporter of the John Birch Society, due to his anti-communist views.

How tightly are all these folks intertwined? I can't say, because I don't know. These are bread crumbs along a trail. Maybe rich folks just like to hang around together and think a lot alike by sheer coincidence. But, like I say, I found enough that it's creeping me out. I hate to even write about it, knowing I will have to watch comments closely to keep the environment pleasant here, but Groklaw is about digging to find the truth. And these are the artifacts that I dug up.

What it all means, I do not know, yet. I know it would be irresponsible not to tell you what I found. But please keep in mind that Groklaw takes no political positions, and we ask you to keep your comments polite. Thank you.

More on the Litigation: Koch Industries v. John Does 1-25:

There is a hearing on April 28 in Judge Kimball's courtroom on the Motion to Quash Subpoenas, Motion for Protective Order and Motion to Dismiss Koch Industries' complaint:

22 - Filed & Entered: 03/07/2011
Notice of Hearing on Motion
Docket Text: NOTICE OF HEARING ON MOTIONS re: [12] Defendant's MOTION to Quash Subpoenas, MOTION for Protective Order and MOTION to Dismiss Complaint : (Notice generated by Kim Jones) Motion Hearing set for 4/28/2011 at 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj)
Here's Koch Industries' complaint [PDF]. If you'd like to see the parody press release, it's attached as Exhibit C [PDF].

In Koch Industries' reply [PDF] to the defendants motion, they write:

Speech—including anonymous speech—is protected by the First Amendment. Trademark infringement and misleading impersonations are not. Koch brought this lawsuit to stop Defendants from stealing and misleading, not to stop them from speaking.

Defendants are free to express their views in innumerable ways, and they have numerous ways to do so anonymously. They may, for example, write anonymous letters to the editor, post pseudonymous websites that are not confusingly similar to Koch’s website, or give anonymous interviews with newspapers (which they have done since the filing of this action) to voice their criticism of Koch. The Federalist Papers of the late 18th Century are perhaps our Nation’s most cherished example of anonymous political expression; they were published under the pseudonym “Publius”; only later was it revealed that Alexander Hamilton, James Madison, and John Jay were the authors.

What Hamilton, Madison, and Jay did not do, however, was publish The Federalist Papers under the name “George Clinton” (then-Governor of New York, an outspoken critic of the Constitution), attach Clinton’s photo to the publications, and lead the world to believe that the views were attributable to Clinton. That is what Defendants did in this case. That is not protected by the First Amendment. In fact, it is prohibited by federal law....

Contrary to Defendants’ claims, Defendants’ conduct and identities are not protected by the First Amendment when they steal someone else’s identity, pass themselves off as that person, and perpetrate what they themselves describe as a “hoax.” (Id.) Perpetrating a “hoax” with respect to Koch’s business to further Defendants’ own competing agenda is not protected—it is simply false commercial speech....

Koch also meets the other evidentiary requirements for obtaining the identity of an anonymous Internet speaker, namely: Koch’s subpoenas sought information about Defendants’ identities for the proper purpose of serving the Complaint; the subpoenas are specific and directly related to Koch’s claims; no other adequate means exist for obtaining the information sought in the subpoenas; and Defendants’ identities are necessary to proceed with this litigation. Finally, Defendants had no expectation of privacy as to their identities: they agreed to the webhost’s terms of service that permitted disclosure of information about them. Accordingly, this Court should deny Defendants’ motions....

On January 3, 2011, this Court granted Koch’s request to serve third-party subpoenas on Fast Domain and BlueHost.com so that Koch could discover the Defendants’ identities to serve legal process on them in accordance with federal law. (Order Granting Motion for Accelerated Discovery, ECF No. 7.) In accordance with the Court’s order, Koch served a subpoena duces tecum on January 4, 2011 to BlueHost.com for information related to the identity of the operator(s) of the Infringing Website. (See ECF No. 9.), and on January 5, 2011, Koch served a subpoena duces tecum to Fast Domain for information related to the identity of the registrant(s) of the Infringing Domain Name. (See ECF No. 8.) Fast Domain and BlueHost.com provided documents in response to Koch’s subpoenas on January 6, 2011. (Declaration of Judith Powell, attached as Ex. A (“Powell Decl.”) ¶ 5.)

As you see, Bluehost and Fast Domain did not notify the Does, but just handed their names over. Does replied [PDF] that the speech is wholly noncommercial, which dooms Koch's trademark, unfair competition, and cybersquatting claims. "The only marketplace relevant here is the marketplace of ideas," they write. As for their computer-hacking and breach-of-contract theories, Does warn that Koch's claims "ask this Court to go well beyond the boundaries of existing law, with staggering implications for online speech. Koch does not deny that its theories, if accepted, could expose any speaker to criminal or civil liability simply for quoting or citing the content of a website in a way that the website's owner does not like." The claims they are referring to in the Koch complaint are Count II on page 9, which calls it cyberpiracy to register without "authorization" the domain name koch-inc.com (Koch's is kochind.com). The contract claim begins on page 13, Count VI, accusing them of putting materials on their parody site that came from Koch's real site, and Koch claims the the use of its site is subject to terms and conditions, including the following:
The information and materials on this Web site and all intellectual property rights in or relating to them are the property of the Koch Companies, and any reproduction, publication, broadcast or posting by you for your own benefit is prohibited unless you obtain prior written approval from the Koch Companies.
Wow. No fair use in Koch Industries' world? On that basis, Koch claims contract violation. And among the list of relief Koch asks for is an injunction preventing the Does even from "accessing or using any content of Plaintiff's websites except as permitted by law". They want to recover statutory damages in the amount of $100,000 under 15 U.S.C. Section 117(d) for the "Infringing Domain Name." Oh, they also want Does to have to pay Koch its costs in connection with suing the Does, including attorneys' fees and expenses.

Unbelievable. Well, one thing is for sure. Koch Industries lacks a sense of humor.

The Does ask the court to "reject Koch's sweeping proposal to criminalize political speech on the Internet." From their filing:

The complaint also alleges hacking in violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (CFAA), and breach of contract based on defendants’ access to the company’s home page in violation of the site’s “Terms of Use.” Id. ¶¶ 35-37, 43-47. Although the complaint suggests that defendants illegally hacked into Koch’s website, it alleges only that the defendants visited the company’s public home page. Id. ¶ 36. Koch apparently considers this access “fraudulent” and “unlawful” because its Terms of Use—buried behind a small link at the bottom of its home page—did not authorize access to the site for the purpose of creating a spoof. See Compl. Exh. B (showing “Terms of Use” link).

The company then filed an ex parte motion for accelerated discovery, requesting authority to subpoena Bluehost.com and the defendants’ domain registrar, FastDomain. See Mem. in Supp. of Mot. for Accelerated Discovery, Dec. 29, 2010 (Doc. 5). In its memorandum supporting that motion, Koch relied on cases granting plaintiffs authority to conduct discovery into the identities of anonymous defendants, but did not inform the Court of the requirements imposed by those cases as a prerequisite to such discovery—including notice to the defendant, an initial evidentiary showing, and a balancing of the parties’ interests. Id. at 6-7. Nor did Koch attempt to satisfy those requirements. Although the motion contended that the defendants caused Koch “substantial harm,” the only actual damages alleged in the complaint, aside from the cost of bringing this action, was the “time and money” allegedly spent responding to an unidentified number of media inquiries. Id. at 2; Compl. ¶ 19. And although Koch asserted that “several online news sources reported on the false press release, including the Economist and the New York Times,” it failed to mention that those sources correctly identified the press release as a spoof. Mem. at 3.

On January 3, 2011, this Court granted Koch’s ex parte motion. (Doc. 7). Koch then subpoenaed Bluehost.com and FastDomain, which apparently responded by immediately turning over identifying information to Koch.

P.S. One final note of small-worldiness. Bluehost is also the same Utah web hosting company for George Hotz, being sued currently by Sony.

Update: In going through some older papers, I found a printed out email I received that may be illustrative. At the time I found it weird, off-base, and just kind of crazy. But in the context of this article, I thought I'd reproduce it for historians, noting that I get a lot of phony email using names that are not who they claim to be. Nevertheless it will show you how some view the GPL and Linux:

From: "William Jeansonne"
Date: January 21, 2005 12:39:25 PM EST
To: PJ@groklaw.com
Subject: You socialists are all the same

I am going to laugh like hell the day Linux is deemed counterfeit software, and prove that socialist minded thieving rat programmers stole UNIX System V code and pasted into Linux. Hopefully, the discovery will come soon, but knowing IBM they will destroy the evidence.

By the way. Do you actually have a law degree? LOL

Will Jeansonne

I am not a socialist, of course. I don't know why this individual thought I was. The rest of the message is delusional as well, obviously, as things eventually played out to inform us.

Update 2: The Hon. Judge Dale Kimball has dismissed the Koch Brothers case and ordered [PDF] that they may not use any information gleaned from subpoenas that previously issued. Will the ISPs that just rolled over catch a clue about the First Amendment now, do you think?


  


SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries - Updated | 260 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here
Authored by: entre on Thursday, March 10 2011 @ 12:48 AM EST
If Necessary

[ Reply to This | # ]

SLT Article about Private Approach to Novell
Authored by: Anonymous on Thursday, March 10 2011 @ 12:51 AM EST
Normally I kind of roll my eyes and continue at the tendency
towards conspiracy theory but... um.. the quote about trying
to make a back room deal to get away with something they
ought not to have been allowed in the first place in court,
it feels slimy.

AND...

My question from the prior article rings now more urgently
than ever: do we have any real idea about whether Novell
will appeal the ruling?

So many said "yes, absolutely, they have to, of course they
will", but I continue to not be so sure given the history of
not having done so with any other ruling AND this new ugly
quote raises many more questions.

---
Clocks
"Ita erat quando hic adveni."

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: whoever57 on Thursday, March 10 2011 @ 12:53 AM EST
I have come to the conclusion that [huge generalizations follow], the ultra-
rich don't care about communism or capitalism, or indeed, any sort of
politics, instead they care about one thing and one thing alone: money and
the lifestyle it can bring.

Hence, they are not supporters of capitalism. Instead, their goals are to
create monopolies, or be paid (through government subsidies, no-bid
contracts and the like) by the rest of us.

It's a lifestyle of pure selfishness and it is destroying the US economy.

But the ultra-rich are a sufficiently small group of people that connections
can always be found. Those connections may not imply any kind of common
action, rather a common purpose.

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: Anonymous on Thursday, March 10 2011 @ 12:58 AM EST
These are the same Koch brothers that funded the campaigns of the current
governors of Ohio, Wisconsin and Texas.

Ohio just snuck through an anti-union bill.

Wisconsin is trying to do the same. But, at least, Wisconsin's bill includes a
"little" more than just union busting. It includes a provision to
sell off state-owned utilities with "no-bid" auctions (whatever that
is supposed to mean -- sweetheart deals?). After he got pranked, it's been
revealed that the Wisconsin governor intends to sell those publicly-owned
utilities to... (drum roll), that's right, the Koch brothers.

In Texas, the governor is still pushing for his huge land grab for super
highways across Texas, (I mean huge, as in half a mile wide) that will be
developed by private corporations.

Koch brothers, perhaps? After all when they buy an election, they expect to
make a profit.

[ Reply to This | # ]

Off Topic threads
Authored by: bugstomper on Thursday, March 10 2011 @ 01:28 AM EST
Here go the topics that are off and the threads that go with them. Use HTML
Formatted mode to weave your threads into the fabric of the Web.

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: amcguinn on Thursday, March 10 2011 @ 01:33 AM EST
This is the sort of paranoid rambling that gives open source a bad name in some quarters.

Associating Microsoft and SCO with Global Warming denial and removing government-union privileges would just increase their popularity, if only you could do it a bit more persuasively than this.

[ Reply to This | # ]

Greg Fossedal.... grrrr...
Authored by: Guil Rarey on Thursday, March 10 2011 @ 01:38 AM EST
Fossedal was one of the founders of a right-wing rag called the Dartmouth
Review, infamous for any number of obnoxious stunts. Other members of the
Review staff at the time included Dinesh D'Souza and Laura Ingraham who have
gone on to bigger things as conservative mouthpieces.

At the time (mid-80's) when the Review published they included in their masthead
an "Advisory Board" consisting of people like Richard Scaife and W.R.
Grace. Can't recall if the Koch brothers were listed, however - this is about
25 years ago at this point.

---
If the only way you can value something is with money, you have no idea what
it's worth. If you try to make money by making money, you won't. You might con
so

[ Reply to This | # ]

Donations to Romney for President campaign
Authored by: ak on Thursday, March 10 2011 @ 01:46 AM EST
Both Darl McBride and Ralph Yarro donated to the Romney for President campaign. See newsmeat.com

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: Anonymous on Thursday, March 10 2011 @ 01:52 AM EST
Say, how did Red Hat get on Fossedal's short list of "feisty
young companies" if he has such a negative opinion of open
source? Seems like he was not inclined to perception of the
facts.

[ Reply to This | # ]

News Picks Thread
Authored by: bugstomper on Thursday, March 10 2011 @ 02:06 AM EST
Comment on News Picks articles here. For the convenience of all, please put the
title of the News Picks article in the Title box of your comment and include a
link to the article in HTML Formatted mode to give readers a clickie to the
original after it has scrolled off the sidebar.

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: Anonymous on Thursday, March 10 2011 @ 02:44 AM EST
PJ, we are definitely living in those interesting times
called down by that famous curse. Wherein those who spout
about family values often do not value their own family,
those who preach free markets are often on the forefront of
building monopolies, those who advocate a democratic
republic are sometimes seen to lead in disenfranchising the
poor, ad infinitum. Things are just not what they seem.

This isn't about political parties, liberalism or
conservatism, though. This is about avoiding the rule of the
privileged over the majority. In this context, FOSS has
power to right a great wrong. Patent reform comes into play,
too. They are parts of a whole.

There are other parts of that whole. For instance, not going
into foreign wars against people who have done us no harm;
the lives, the bodies, and the health of our young men and
women, as well as the citizens of the country which is the
object of our wrath, are too precious to throw away on the
whims of a few old men who have a myopic view of the world.

I'm sure others can imagine the pieces of that whole just as
well, if not better, than I.

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: Anonymous on Thursday, March 10 2011 @ 02:49 AM EST
how about a picture showing the edges of creepy :) inter-connections? could
replace a thousand words. lol thanks for writing!

[ Reply to This | # ]

  • POINH - Authored by: The Cornishman on Thursday, March 10 2011 @ 01:00 PM EST
    • graphviz - Authored by: Anonymous on Thursday, March 10 2011 @ 03:13 PM EST
Conspiracy?
Authored by: soronlin on Thursday, March 10 2011 @ 05:24 AM EST
> I found enough that it's creeping me out

I suggest that you stop now. If you go any further, you'll start to see owls.

People who run huge companies tend to be the same sort of people. You or I could
never get that job, because we do not have the killer instinct that makes them
able to trample everyone else on the way to the top. Being the same sort of
people, and having similar interests -- making more money and getting more power
-- they tend to have the same politics, go to the same parties, donate to the
same causes and be willing to share in the same sorts of underhanded deals.

All of which either makes the whole thing a huge coincidence, or gives them
ample opportunity and motive for setting up just such a conspiracy.

But to quote Mr Spock, a difference that makes no difference, is no difference.
If these people do not meet in secret smoke-filled rooms, it does not mean they
do not act in unison and with a single purpose. They do. And freedom is not on
the agenda.

[ Reply to This | # ]

"Smart investors are putting their shorts on the computer software industry ..."
Authored by: Anonymous on Thursday, March 10 2011 @ 06:06 AM EST
I'm sorry, I misunderstood that ...

[ Reply to This | # ]

Linux and the GPL are unAmerican
Authored by: Anonymous on Thursday, March 10 2011 @ 06:59 AM EST

Linux and the GPL are a powerful democratizing force in this world, and that must be very upsetting to companies like Microsoft and Oracle. It doesn't matter if you are rich or poor, first world or third world, black or white or any other colour. It doesn't matter if you are Protestant or Catholic or Muslim or Jew, American or European or Asian or South American, all are equally free to indulge in open source. This takes control away from the Establishment, whatever that may be, and is a force that cannot be controlled, unlike that other democratizing force, the Internet. Open source is revolutionary, and therefore dangerous, because it has the power to overturn the the established order. It must be an anathema to those with strong right-wing views everywhere.

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: Anonymous on Thursday, March 10 2011 @ 07:24 AM EST
Big picture wise this nothing new. History is full of
stories of the rich and wealthy seeking to enslave everyone
else for their own purposes. Current picture wise, finally
seeing this type of activity being exposed is truly a good
thing.

The thing that amazes me is that how powerless the "average"
person is to effectively fight this behaviour even though
it is well known and so widely acknowledged. As human
beings we call ourselves intellegent. But I must disagree.
It would seem to me that intellegent beings that exist as
societies would work to correct deficiencies that act to
the detriment of those societies. Somehow I find it
difficult to fathom the idea that people like being slaves
and are so willing to accept it.

Perhaps greed should become a capital offense.

Perhaps the great fear of the greedy, rich, and wealthy is
that the common man is able to get organized on a large
scale and actually do something about it. I think that
is why there is such a fight-to-the-death attitude by these
weathy folks when it comes to the Internet, computers,
Linux, and FOSS. These can become tools that can be used
for wide scale organization.

[ Reply to This | # ]

Hustler Magazine, Inc. v. Falwell
Authored by: HockeyPuck on Thursday, March 10 2011 @ 08:46 AM EST
I have not seen the parody Koch site. But based on Hustler Magazine, Inc. v.
Falwell, just because it looks like the real thing; it could still be protected
under free speech simply because reasonable people should know the difference.
You can't sue just because you don't like the parody.

[ Reply to This | # ]

Note to oneself
Authored by: Anonymous on Thursday, March 10 2011 @ 09:30 AM EST
Start my next company in Delaware.

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: jsusanka on Thursday, March 10 2011 @ 10:00 AM EST
saw an article in a doctor's office on education and they asked of course bill
gates for advisement. why he is your go to guy for education is beyond me - but
him and the koch ceo sound like they are reading from exactly the same playbook.


let the states standardize and budget and make the federal government small and
less powerful.

well all I got to say is where were these guys when we went into iraq? now they
want to cut the budget so soldiers don't get the care they are entitled to from
these wars.

time for the government to start over and the first step is get all the
lobbyists out of Washington.

I am tired of these millionaires buying articles so they think people will
listen to them.

bill gates on education - really newsweek? the only thing he wants education to
standardize on is microsoft licenses.

the education system is just another business market to him and then all the
young children will be point and click addicts.

[ Reply to This | # ]

Conspiracy threads
Authored by: Anonymous on Thursday, March 10 2011 @ 11:12 AM EST
It's easy to find meaningless connections all over the place.
Let's see...
- One of my best Computer Science professors at BYU was Evan Ivie
- My office is just down the hill from SCO, in one of the Canopy buildings
- I own a Caldera T-shirt I picked up at Comdex years ago
- I have friends who used to work for Caldera/SCO
- My parents used to receive John Birch Society literature
- The company I now work for bought Altiris, and I have many friends who work on
the Altiris products
- Though I accept the earth has been warming, I don't find convincing evidence
that it is caused by man

Maybe it's just a small world?

[ Reply to This | # ]

Dutch Americans, the super rich and conspiracy
Authored by: celtic_hackr on Thursday, March 10 2011 @ 12:56 PM EST
Being part Dutch American, I can probably shed some light on the subject.

Several of America's prominent families hail to the old Dutch settlement of New
Amsterdam, aka New York. I am not familiar with the Noorda family. I do have
relations to the Koch brothers. Distant. I have moved in some of the
Dutch-American circles. It is a close knit bunch, in certain places and
relations. The Dutch settlers intermarried extensively. I have relations to
pretty much ALL of the Old Money Dutch Families and numerous US Presidents. I do
not now move in those circles. The rich hang out with the rich to avoid all
those "poor" folk out to fleece them through various schemes. Lots of
people have relations to the Old Dutch Families. But the further out you get,
the further from the money you get. Those that hail from Utah, are even more so
closely knit. That should go without saying.

The super rich move in powerful political and financial circles, obviously. The
Koch brothers are no different. If they are involved, there is little hope. They
will almost certainly get what they want, unless opposed by one of their equals.
You can only hope to expose the whole thing.

Super rich people don't all have the same lock-step philosophy. There's a full
spectrum there. I am not one of those rich people.

[ Reply to This | # ]

Supporting Marco Rubio is bad?
Authored by: YurtGuppy on Thursday, March 10 2011 @ 01:51 PM EST

I like Marco Rubio. I like open source.

I think anyone who authors software should be able to give it away if they want
to. Open source is a natural right of software authors.




---
every guppy is a half-full kind of guy

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: lunarship on Thursday, March 10 2011 @ 01:51 PM EST
For what it's worth, I think we're seeing a paradigm shift in software slowly
occuring. What is going to be notable is that big companies - and it will start
with China, and slowly spread - will start to base their core systems on open
source, simply to save money. The cash cow that is Office, and Windows, will
cease to fund Microsoft, and that is what they most fear.

They don't actually care that their aggressive tactics have earned them people
who actually genuinely have nothing but enmity for the company, despite using
their products every day and earn a living more or less because of the company's
continued existence. Monsanto, Koch and others have the same attitude.

Sure, it's a great way to make money. For a while. But sooner or later you make
a mistake and the whole house of cards comes down - ask Bernie Madoff, Michael
Milken, Robert Maxwell...

[ Reply to This | # ]

None of this surprises me
Authored by: Anonymous on Thursday, March 10 2011 @ 03:02 PM EST
It is pretty much what I would have expected would be found if one starts
digging. I am just not the one who had the resources or the time or the
connections to do that digging. But indeed none of this surprises me at all.

I do suspect that others are wrong who suggest that Microsoft is one of the
chief ringleaders. The problem is much worse than that, and its roots lie even
deeper.

Exactly, the problem is that Linux exposes the inner workings of these new
things called computers for everyone to understand who would have the will and
inclination to understand, and thereby that people who understand computers can
program and use them for their own purposes, whatever those purposes might be.
In other words, Linux can provide empowerment for the common man. Therefore, a
large segment of the super-rich and super-powerful who would desire to control
everything the rest of us do have decided that it has to be taken away from us
and put back into a locked cabinet. Microsoft did not create this situation.
Microsoft is merely riding the wave.

A mere glance at the statistics regarding income and wealth distribution in the
United States of America demonstrates that it is a country with a small and very
powerful and extremely wealthy oligarchy. Linux is and has been a threat, or at
least a potential threat, to what that oligarchy perceives as its vital
interests.

The pattern is obvious. I have been pointing it out in posts for some time.
There is no possible way that the SCO cases could have hung on so long with zero
supporting evidence if there had been no powerful interests lurking in the
shadows. Or, perhaps, direct pressure may not even have been necessary on all of
the occasions when it could have been applied. A sustained effort has been
carried out over the last 30 years to see to it that the "right"
people get appointed to the key positions in the legal system, right people
being those who share the world view of the oligarchy and if at all possible
would never act against its perceived interests.

[ Reply to This | # ]

SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
Authored by: Anonymous on Thursday, March 10 2011 @ 04:14 PM EST
Wasn't George H. W. Bush a Senior adviser to the Carlyle Group?

[ Reply to This | # ]

Links
Authored by: maroberts on Thursday, March 10 2011 @ 04:33 PM EST
Isn't finding the links from one group to another a little like "Six
Degrees of Kevin Bacon"? i.e. you can link anyone to anyone else if you try
hard enough

[ Reply to This | # ]

  • Links - Authored by: PJ on Thursday, March 10 2011 @ 04:43 PM EST
    • Links - Authored by: Anonymous on Thursday, March 10 2011 @ 04:57 PM EST
      • Links - Authored by: PolR on Thursday, March 10 2011 @ 05:34 PM EST
    • Links - Authored by: Anonymous on Thursday, March 10 2011 @ 05:57 PM EST
      • Links - Authored by: PJ on Thursday, March 10 2011 @ 06:03 PM EST
Who is Koch?
Authored by: Anonymous on Thursday, March 10 2011 @ 04:49 PM EST
I suspect they don't know how to do business on the internet, and
don't deserve to. Type "Koch" into a Google search box: they turn
up at Nr.6 with their own entry. This Google results page has Koch at
Nr.3 for Wikipedia which contains much adverse material on their
environmental record; and Nr.8 in a press clipping where Greenpeace
claims they are funding climate change deniers.

Type "Philipps" into Google: Nr.1, not a paid ad, is www.philips.com
"Phillipps" gives Philips at Nr.3;
"Phillips" puts Philips at 1, 2, 3, & 5.
Now that's real cybersquatting Mr Koch.

OK there's not much scope for mis-typing "Koch", but when
Koch Membrane Systems, and the Prussian discoverer of tuberculosis
are rated more important than your company, you shouldn't waste
your valuable time and effort chasing juvenile pranksters.

Should I have searched for Koch Industries who claim to be
"one of the largest private companies in the world"?
Refer the Philips searches quoted, for the company known as
Koninklijke Philips Gloeilampenfabriek NV

[ Reply to This | # ]

Citizens United
Authored by: Anonymous on Thursday, March 10 2011 @ 09:42 PM EST
Why not go all the way to the Supreme Court? They are linked to the Kochtopus
as well. Citizens United, cui bono?

[ Reply to This | # ]

    SCO, unXis, Microsoft, Canopy, Carlyle, Elliott Associates, and Koch Industries
    Authored by: Anonymous on Sunday, March 13 2011 @ 08:36 AM EDT
    This is very interesting and should also be taken along with
    the news of Nokia's CEO working previously at Microsoft,
    getting hired and then pairing Windows Phone 7 as the new OS
    for Nokia phones, perhaps Microsoft has came to the
    conclusion that it can simply plant people on boards or high
    levels and take over things this way. I believe there needs
    to be a SEC, DoJ etc investigation into this.

    [ Reply to This | # ]

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