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EV1 Regrets, Novell Filing, and Kapor on SCO
Thursday, March 25 2004 @ 08:55 PM EST

EV1's Robert Marsh says he wouldn't do it again. Robert McMillan has the exclusive:

"So how does Marsh feel about the deal nearly a month later? 'Would I do it again? No. I'll go on the record as saying that,' Marsh said. 'I certainly know a lot more today than I knew a month ago, in a lot of respects.'

Though Marsh admitted that EV1 has lost some hosting business since the deal, he said it is not out of line with the number of sites EV1 loses in a typical month. . . .

"The big loser in this matter may be SCO, said Dion Cornett, an analyst with Decatur Jones Equity Partners LLC, an equity research firm based in Chicago. Having their first publicly announced customer express second thoughts over the deal so soon after its announcement may make it difficult for SCO to sign up other customers, he said.

"'For Robert (Marsh) to say that he would not do the deal again, that's certainly going to be heeded by anyone that SCO talks to in the future,' Cornett said."

It's certainly significant that they are having second thoughts despite business being up, according to Marsh's statement.

InternetWeek is reporting some details of the Novell filing, saying Novell argues the slander of title action should be dismissed. They already said that, so this is their memorandum in support of their previously filed motion to dismiss. We should have the document itself by tomorrow. Pacer lists it, but the document itself is not available to the hoi polloi yet. Novell may have sent it to InternetWeek. Here's what the article says they are saying:

"In the first part of its response, Novell lawyers argued that SCO has failed to show any written document verifying its claim that Novell transferred away ownership of its Unix or Unixware copyrights.

"'SCO has not identified that written instrument,' the Novell papers said. 'Absent such a written instrument, ownership could not have transferred.'

"The Novell papers also rebut any notion that passive copyright transfers took place. 'SCO's argument that the copyrights were transferred because the time to assign has come and gone is contradicted by the documents,' the filing stated."



Lotus founder Mitch Kapor spoke to a Python conference today and says that it's just a matter of time before open source becomes the predominant development model for software. In fact, he says that because of Microsoft, it's the only viable model for developing new applications for the desktop, because the road is littered with the corpses of proprietary competitors of MS. He did have some concerns:

"While extolling the open-source approach to development, Kapor cautioned developers about potential roadblocks ahead for the [Python] language and for open source in general. The most dire problem, he said, is the need to maintain funding for research and development.

"'An increased focus on sustainable support is at the top of the list' of concerns for the open-source community, Kapor said. He warned that 'free riders'—businesses that used open source as a major component of their business operations but fail to contribute anything back to the community—could doom open-source projects to 'slow starvation.'

"Kapor also warned of the growing legal threats concerning software patents and intellectual property claims. But he noted that lawsuits such as those from The SCO Group are also symptomatic of open source's success. 'You know you're (really successful) when the big-time parasites show up,' he said, to much applause."


  


EV1 Regrets, Novell Filing, and Kapor on SCO | 113 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Go HERE.
Authored by: Weeble on Thursday, March 25 2004 @ 09:24 PM EST
(eom)

---
IANBAHD--I Ain't Nothin' But A Hound Dog (A Smart One, Tho).

[ Reply to This | # ]

URL's and Such Go HERE.
Authored by: Weeble on Thursday, March 25 2004 @ 09:25 PM EST
(eom)

---
IANBAHD--I Ain't Nothin' But A Hound Dog (A Smart One, Tho).

[ Reply to This | # ]

What I Am Curious To Know
Authored by: joshua on Thursday, March 25 2004 @ 09:28 PM EST
I am not so concerned with how many customers they lost.

I am curious the long term impact this will have on their business model, and
how many customers will refrain from signing up because of EV1's
"betrayal." Marsh is trying to backtrack now and win back the
confidence of future customers just as their huge datacenter goes online (and
presumably more rack spots they want to fill as a result).

-joshua

[ Reply to This | # ]

EV1 customers leaving EV1...
Authored by: Upholder on Thursday, March 25 2004 @ 09:30 PM EST
Most of the business that EV1 loses won't be overnight. Large sites take time
to move... first one must find a suitable place to relocate to. Then you need
to make sure that the new system is ready to take the sites to be moved.. and
then the move itself.. and testing afterward to be certain that things are
properly transferred before the old site is removed.

I run two boxes directly at ev1 and have root on 3 more. The two that I run are
being moved this week -- but Ev1 won't see them cancelled until sometime next
month. The other three might not move this month or next month.. but they will
move sooner or later.

Anyway, he may have realized his mistake, but now that the avalanche has
started, it's too late to stop it.


[ Reply to This | # ]

FUD Alert - Groklawers' help needed!
Authored by: Anonymous on Thursday, March 25 2004 @ 09:31 PM EST
Hi,

Here's the URL:
<http://www.computerworld.com/securitytopics/security/
story/0,10801,88646,00.html> (a reprint from CIO.com).

Here's the quote I found fuddish (on page4):

"..A full-blown security reformation would mark a triumph over the
"tragedy of the commons," the dilemma that bedevils Internet security
today. A principle in ecology, the tragedy of the commons states that individual
short-term benefit trumps collective long-term benefit. That is, I will let my
sheep graze on the commons to increase my personal wealth even if it contributes
to the degradation of the commons as a whole.."

I remember a thread or an article from a Groklaw posting that claimed OSS was
more secure than u-know-who. If you find it, please forward it to me or to -
Scott Berinato, Senior Writer
sberinato@cio.com

Idontdowindows

[ Reply to This | # ]

They saved the best line for last
Authored by: Anonymous on Thursday, March 25 2004 @ 09:35 PM EST
Well next to last anyway.
"SCO officials were not immediately available for comment."

Now that line blows me away! They are always first in line to spit our some FUD.
I wonder if they take the duct tape off of Darl's mouth and untie his hands to
feed him one a day. They better be careful though, he bites.

[ Reply to This | # ]

EV1 Has One Redemptive Quality...
Authored by: Weeble on Thursday, March 25 2004 @ 09:41 PM EST
...they've just proven the old adage that no one is totally worthless, they can
always serve as a bad example.

---
IANBAHD--I Ain't Nothin' But A Hound Dog (A Smart One, Tho).

[ Reply to This | # ]

EV1 Regrets, Novell Filing, and Kapor on SCO
Authored by: Anonymous on Thursday, March 25 2004 @ 09:52 PM EST
How did a guy at a company deals with the web manage to get all the wrong
information ?

[ Reply to This | # ]

Kapor: research and development
Authored by: Anonymous on Thursday, March 25 2004 @ 11:23 PM EST
"The most dire problem, he said, is the need to maintain funding for
research and development."

I think this will be partly handled by governments. I think what is going to
happen in the next year or two is the various goverments that are supporting oss
will form an association to coordinate their efforts. They will develop a legal
strategy, decide what software needs to be produced so they can escape
completely from Microsoft, and also do other things like usability work. After
that they will start funding research and development.

They will do all this because it will bring them benefits far outweighing any
costs. For instance, suppose a programer in China costs $10,000 (salary, office
space, supervision, etc). 10,000 full-time programers would cost a hundred
million dollars a year, which is chickenfeed for a country the size of China.
Now think what that many programers could do. They could assign 250 to
OpenOffice, 250 to wine, 250 to each of the desktops, and so on. And of course
many other countries could likewise contribute programers.

For this relatively minor cost the countries could save many billions for
proprietary software from Microsoft and other companies. And they would go
beyond replacing present software to developing new programs because that would
bring them further benefits. Imagine Microsoft being buried under an avalanche
of open source software.

[ Reply to This | # ]

Kapor on SCO
Authored by: lachoneus on Friday, March 26 2004 @ 12:26 AM EST
There is an interesting article, Intellectual Property in the Real World, that further elaborates on Kapor's comments about proprietary and open source development models (the link takes you to the section that discusses this):

http://www.russ.za yda.net/realworld.html#moving_beyond

Excerpt from the article:

"The concept of critical mass is key to understanding both the viability of the proprietary software model as well as its limitations. Without the critical mass necessary to drive development of an open source product/solution, the proprietary model will remain the most cost-effective means of software production. Thus, contrary to Microsoft's dire predictions, proprietary software will always remain a viable and productive part of the economy.

For projects that are able to sustain critical mass, however, open source will inevitably eclipse proprietary software development. This is a market reality because over time, market forces will justify exorbitant expenditures (such as Microsoft's $1 billion spent on development of Windows 2000) only when there is no viable alternative. Linux has proven to be a viable alternative; hence, Microsoft is no longer necessary. It may have tremendous inertia, but inertia does not equal essentiality. Economies of scale will always favor open source solutions when their projects achieve critical mass."

[ Reply to This | # ]

Challenge to EV1 - Regret No More
Authored by: webster on Friday, March 26 2004 @ 01:15 AM EST
Dear Mr. Marsh,

You can't have it both ways. Buying SCO's license and then regretting the fact
packs all the charm of a flatulent wimp. [Forgive the name calling PJ, Groklaw.
Just keepin' it real.]

Show some spine and convert some (at least seven) of your Microsoft deals to
Linux and don't buy further licenses. You would be making a statement. It
might impress those that might be in the process of shunning you and your
customers. You might even attract some concerted patronage since this would
stick you out front as a potential SCO target. [Tho' they are shy of end
users.]

How 'bout it, Marsh?

---
webster

[ Reply to This | # ]

EV1 Regrets, Novell Filing, and Kapor on SCO
Authored by: Anonymous on Friday, March 26 2004 @ 04:57 AM EST
'Would I do it again? No. I'll go on the record as saying that,' Marsh said.

I would hope not, or no lesson learned.

[ Reply to This | # ]

EV1 Regrets, Novell Filing, and Kapor on SCO
Authored by: lifewish on Friday, March 26 2004 @ 08:59 AM EST
I am extremely depressed - I've just discovered my old secondary school, which
has just had a new website built, is hosting it on ev1 servers. Of course, given
the reaction of my mum (a school governor) to the whole issue (along the lines
of "Open Sauce? Yeah, I've been telling people to put the lid back on the
bottle. But what's MS got to do with that?") there's no chance of anything
being done to switch.

Dammit, I coulda designed their website (www.waingels.org) in my spare time :(
It'd have been better too, and I'd have put it on a server with no morality
issues.

---

------------------
"Diplomacy: the art of saying 'Nice doggy' until you can find a stick" - Wynn
Catlin

[ Reply to This | # ]

Charity begins at home, or at business
Authored by: tz on Friday, March 26 2004 @ 09:44 AM EST
Businesses regularly give directly and give employee time to community
beautification and other similar projects. They should learn to do this for
cyberspace. Encourage the IT guys to spend some time contributing back to
opensource.

[ Reply to This | # ]

EV1 Regrets, Novell Filing, and Kapor on SCO
Authored by: Anonymous on Friday, March 26 2004 @ 03:38 PM EST
If Robert Marsh really regrets it, he would give as much money to the FSF as he
did to SCO. This would be a proof his regrets are not just the tears of the
businessman.

[ Reply to This | # ]

Eating my words: RE: EV1 Regrets
Authored by: darkonc on Friday, March 26 2004 @ 11:26 PM EST
Some time earlier, I said that the nastiest thing that Marsh could probably legally do to SCO would be to publicly denounce the license plan... Now that he's done precisely that, I put myself on the record as saying -- too bad, let him burn.

Now I look back on those two statements, and I think.... "I think I'm getting into inconsistent attitude territory".

So now I'm thinking that, if he backs up his regrets with positive action, like an equivalent donation to the FSF or the OSF, I think it'd be fair to say that he's done his pennance, and effectively undone his damage to the linux community.

Any thoughts on that?

---
Powerful, committed communication. Touching the jewel within each person and bringing it to life..

[ Reply to This | # ]

EV1 Regrets, Novell Filing, and Kapor on SCO
Authored by: Anonymous on Saturday, March 27 2004 @ 10:02 AM EST
An increased focus on sustainable support is at the top of the list' of concerns for the open-source community, Kapor said.

It seems to me that the fact that the source is open and available in and of itself guarantees sustainable support. You will always be able to hire a programmer to support it for you.

[ Reply to This | # ]

EV1 Regrets, Novell Filing, and Kapor on SCO
Authored by: Anonymous on Monday, March 29 2004 @ 05:02 PM EST
"While extolling the open-source approach to development, Kapor cautioned
developers about potential roadblocks ahead for the [Python] language and for
open source in general. The most dire problem, he said, is the need to maintain
funding for research and development."


Maintain funding for research and development ?... the whole opensource movement
has been on no funding in general. People have contributed their work, and made
changes to others work for *free-of-charge*. The R&D was done by the
collective opensource community. Now that the money can be made with opensource,
no one can think about R&D now unless money is brought into the picture. [
For proprietary eyes only ].



Wrong: The MOST dire problem opensource faces, is to stay "true"
opensource throughout the future. With licenses changed, and more
"commercial opensource", it will be something to see if opensource is
alive and well in five years; and has not become a commercial
"dot-com" start-up flop. The crime in such a future for opensource,
would be never knowing how well it could have been.

[ Reply to This | # ]

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