decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Bryan Sparks in the late 1990s on Linux v. Unix in the Enterprise - Updated
Friday, January 05 2007 @ 09:56 AM EST

Marbux has found a treasure trove of Caldera v. Microsoft documents and media reports. Actually two. One document that turned up is a Caldera press release announcing the spinning off of Lineo in July 20, 1999. It includes a quotation from then CEO Bryan Sparks that I think relates directly to SCO's claims. It got me started on a research dig.

Here's a snip from the press release:
Caldera, Inc. today announced that its embedded Linux research and development plans will be carried forward by its wholly-owned subsidiary, Caldera Thin Clients, which was today renamed Lineo, Inc. Lineo's embedded Linux platform, Embedix, is based on Caldera Systems' OpenLinux, a full-featured operating system platform. Caldera Systems, the "Linux for Business" industry leader, will continue to develop, market and sell OpenLinux to PC software markets. Lineo's Embedix solutions will extend OpenLinux to the embedded market.

"Caldera was the first company to invest heavily in the establishment of Linux as an acceptable business solution," said Bryan Sparks, CEO of both Caldera, Inc. and the newly-evolved Lineo, Inc. "Five years after forming Caldera, we are now launching Lineo for the purpose of defining the commercial embedded Linux marketplace and obtaining wide market implementation of this incredible operating system environment in compact devices worldwide."

And here's a press release from 1996 in which Caldera touted its Linux offerings as being an alternative to SCO's Unix:

Caldera designs, develops and markets to consumers and businesses a line of full-featured, economical system software for the Internet, by the Internet, providing stable, high-quality alternatives to Windows NT, Sun Solaris and SCO UNIX.

Just to refresh your memory, SCO has told the court this:

19. Contrary to IBM assertions at paragraph 50 of the Motion, and elsewhere, SCO did not encourage its partners or its customers to use or support Linux instead of Unix. Rather, SCO consistently positioned Linux as a complementary solution to UNIX, and something that could be used in addition to (not in place of) UNIX.

As we showed you in the previous article, that isn't the way the media told it at the time. And now we have it from the horse's mouth.

A reader mined through his old emails and came up with a work email from 1998 that included a copy of an Open Letter to SCO from Caldera's then-CEO Sparks, saying: "We want your VARs" and saying it was preparing for SCO's resellers a kit to move from SCO's Unix products to OpenLinux. I must state that I haven't yet been able to find the Open Letter on the Internet. Perhaps there are others reading Groklaw who could look through their horde of old email and see if they can find it? Anyway, a litigant could follow through, should it decide it would be fruitful to try to authenticate it in ways not open to me.

The kit, according to the email I was shown, was going to be called the "OpenLinux Adoption Kit for SCO Resellers". Tellingly, Sparks wrote that he knew the VARs were looking for alternatives to SCO's Unix offerings, and OpenLinux was their best choice, because it was "better, cheaper, faster". This is 1998, before IBM lifted a finger, according to SCO's world view, and already Sparks, according to the email, said that SCO VARs were looking for alternatives. "OpenLinux is better," he wrote to SCO. "For features, we've got you beat at every turn."

Update: A reader found this article, the result of an interview with Bryan Sparks by Linux Journal in 1997 -- yup, 1997 for heavens sake -- which confirms that Caldera was competing against Unix way back then, that Caldera viewed Linux as appropriate for the enterprise, that it already was in use, and that Caldera was picking up Santa Cruz's resellers:

Finally, in order to better address the needs of different market segments, Caldera is introducing three Linux-based systems targeted at different market segments. These new products are collectively called Caldera OpenLinux (COL) and are based on the Linux 2.x kernel. ...

Bryan and I talked about "their" technologies vs. the standard development paths. Bryan assured me Caldera's intent was to make any necessary changes for POSIX certification and Unix branding available to the Linux community as a whole. He sees Caldera's products as part of the total product mix for the Linux community and wants to make sure Caldera's work continues to be part of the mainstream....

The final product is COL Server. It will include the features of COL Workstation plus Cross Platform Services and GroupWise technologies licensed from Novell. It will be fully capable of interacting as a secure server in an environment that includes NetWare, Unix and Windows NT systems on an intranet or the Internet. ...

Caldera has over 200 resellers under contract. In order to qualify for the reseller program, the resellers must have Unix training, so that Caldera is assured that they can support the products they sell. Bryan said many of these resellers have been resellers of SCO Unix or UnixWare....

Right now Linux is seeing substantial use as a system for connectivity, including web servers, Internet Service Providers and gateway systems to connect office networks to the Internet. With Caldera's new products, it is going to be much easier for companies to put these systems together.

And here's a 1999 press release, "Motorola Computer Group Launches Aggressive Linux Strategy," where you'll find Unix as the lesser choice and Caldera aggressively pushing Linux for business.

I will show you the entire Open Letter in a minute, but first the press release about Lineo gives some history of the company:

Caldera, Inc. was founded by Bryan Sparks in the fall of 1994, and was incorporated in January of 1995. Caldera received initial funding from The Canopy Group, the family trust of Raymond J. Noorda, former Novell, Inc. Chairman and CEO. Caldera's business plan was to offer products based on the then-fledgling Linux operating system to business customers. Caldera built its success with Linux-based products through reseller, retail and direct channels. In July of 1996, Caldera purchased the DR DOS business and all related DOS assets from Novell for purposes of offering these technologies into embedded markets as well as integrating these products with the existing Linux product lines. In the summer of 1998, Caldera, Inc. created two separate companies to further focus development, marketing and sales efforts. Caldera Systems, Inc. was created to develop Linux-based products for PC software markets, with greatest success on desktops and servers. Caldera Thin Clients, Inc., targeted the thin client and embedded systems markets.

Today, Caldera Thin Clients changed its name to Lineo, Inc. -- in part to distinguish the company's embedded Linux products from Caldera Systems's full-featured OpenLinux solutions, and in part to emphasize the evolution of the company to focus on the emerging embedded Linux market.

After the Open Letter, you'll find a 1996 announcement from Caldera posted on comp.os.linux.announce, again found in an old email but also on the Internet, all about OpenLinux obtaining POSIX certification from X/Open Group:

Caldera believes the X/Open brand and other certifications are the next steps forward in providing the corporate and government markets with proven Linux technologies and products, which have gained substantial market share among the Internet and development communities during the past several years. Caldera also today announced plans to add LDAP technologies to Caldera's product line.

"By developing and publishing source code over the Internet, Caldera and the Linux community are changing the way that an X/Open branded UNIX 95 operating system is developed and distributed," said Bryan Sparks, President and CEO of Caldera, Inc. "Linux technologies developed by the Internet community have secured market share and application development that rivals the best of established computer industry vendors. Caldera development and infrastructure efforts will now take Linux technologies and products into companies, governments and other organizations that demand that software undergo rigid standards testing and certifications."

1996. Why then did SCO tell the court that without IBM's contributions, Linux couldn't be used in the enterprise? Beats me. Note this quotation from the announcement:

"The Open Group is very pleased that Caldera has chosen to obtain the X/Open brand for UNIX 95 for its version of the Linux operating system," said Graham Bird, Director of Branding for the Open Group. "Once Caldera Open Linux achieves the X/Open brand, it will be qualified to bid business in the open systems market the value of which exceeds $16 billion in procurement of X/Open branded products alone."

If Santa Cruz was having trouble selling Unix and its business was in decline due to Linux, Caldera itself was actively involved in making it happen, and from the Sparks Open Letter, very aggressively so, way beyond anything IBM ever dreamed of.

So exactly who interfered with whom? Caldera interfered with Santa Cruz. And during the time period SCO is complaining about, Caldera, the company that later changed its name to The SCO Group, was in existence.

Now the problem the SCO Group has is sometimes it presents itself to the court as Caldera and sometimes as Santa Cruz, but in this scenario, with Caldera competing against SCO's Unix business and trying to migrate its customers to Linux, which is it? SCO or Caldera? Methinks the SCO Group needs to bring an action for tortious interference against its schizophrenic self.

****************************

A letter to SCO:

We want your VARs! Every one of them. And we're getting them. We know they're looking for alternatives and we're their best choice. OpenLinux is compatible with your offerings and runs applications written for SCO. But OpenLinux is better, cheaper and faster. We don't even charge customers for each user. If a customer wants to attach dozens of users to an OpenLinux server, we don't charge them extra.

For features, we've got you beat at every turn. Netscape server? Got it! Firewalls? Done. Java? You bet. NetWare client and server? Best in the business. Service and support, maintenance and upgrade protection? We offer all that. Phone, e-mail, Web, quarterly CD updates and enhancements, annual support agreements, it's all there.

We're putting the final touches on our "OpenLinux Adoption Kit for SCO Resellers," which outlines the benefits of working with Caldera. Do you want a copy? Send your request to channel@caldera.com and we'll send you one. We offer programs to your ISVs to help them move their applications, (if required), plus help marketing and selling their solutions and easing the switch to OpenLinux.

Bryan Sparks
President & CEO
Caldera, Inc.

****************************

From: Caldera Information
Newsgroups: comp.os.linux.announce
Subject: Caldera Open Linux Announcement
Followup-To: comp.os.linux.misc
Date: Fri, 01 Jun 1996 17:00:32 GMT
Organization: ?
Lines: 169
Approved: linux-announce@news.ornl.gov
(Lars Wirzenius)
Message-ID:
NNTP-Posting-Host: liw.clinet.fi
X-Original-Date:
Thu, 30 May 1996 09:36:27 -0600 (MDT)
-----BEGIN PGP SIGNED MESSAGE-----

CALDERA OPEN LINUX PRODUCT TO OBTAIN
POSIX AND FIPS CERTIFICATIONS, AND THE
X/OPEN BRAND FOR UNIX 95 AND XPG4 BASE 95

Lightweight Directory Access Protocol (LDAP)
and localization added to Caldera's product line.

LINUX KONGRESS, BERLIN, Germany May 23, 1996 Caldera, Inc. today announced that it has acquired additional key Linux technologies and engineers, enabling the company to achieve the X/Open brand for UNIX 95 and other certifications for its next version of the Linux operating system, Caldera Open Linux, upon which Caldera will base its product line beginning this Fall. Caldera believes the X/Open brand and other certifications are the next steps forward in providing the corporate and government markets with proven Linux technologies and products, which have gained substantial market share among the Internet and development communities during the past several years. Caldera also today announced plans to add LDAP technologies to Caldera's product line.

"By developing and publishing source code over the Internet, Caldera and the Linux community are changing the way that an X/Open branded UNIX 95 operating system is developed and distributed," said Bryan Sparks, President and CEO of Caldera, Inc. "Linux technologies developed by the Internet community have secured market share and application development that rivals the best of established computer industry vendors. Caldera development and infrastructure efforts will now take Linux technologies and products into companies, governments and other organizations that demand that software undergo rigid standards testing and certifications."

Caldera has acquired additional Linux technologies from Lasermoon of Wickham, England. Lasermoon pioneered Linux's migration towards X/Open standards and other certifications, and held the necessary test suites and membership in The Open Group, the leading consortium for the advancement of open systems. Ian Nandhra, one of Lasermoon's co-founders, is now Caldera's Director of Product Certification.

Caldera has also retained the UNIX systems and Linux expertise of engineers from Linux Support Team (LST) of Erlangen, Germany, who will spend the next few months integrating technologies from Lasermoon, Caldera's existing operating system, additional Single UNIX Specification APIs and Internet technologies, and LST's Linux 2.2 operating system distribution, including the version 2.0 of the Linux kernel. The resulting combination of the Linux OS will be called Caldera Open Linux. It will be POSIX.1 (FIPS 151-2) certified, localized and fully compatible with Caldera's existing products.

Caldera Open Linux, scheduled for release in Q3 1996, will be published freely with full source code via the Internet to individuals and organizations seeking stable, UNIX systems solutions. Caldera plans to achieve: POSIX.1 (FIPS 151-2) in Q3 1996; XPG4 Base 95 (POSIX.2, FIPS 186) by Q4 1996; and X/Open brand for UNIX 95 based on the Single UNIX Specification (formerly known as SPEC 1170) during 1997.

"The Open Group is very pleased that Caldera has chosen to obtain the X/Open brand for UNIX 95 for its version of the Linux operating system," said Graham Bird, Director of Branding for the Open Group. "Once Caldera Open Linux achieves the X/Open brand, it will be qualified to bid business in the open systems market the value of which exceeds $16 billion in procurement of X/Open branded products alone."

Ransom Love, Vice President of Marketing and Sales for Caldera, added,"Our customers are pleased with the capabilities of Caldera's first product, the Caldera Network Desktop, and are now asking us to provide the X/Open brand, localization, and additional technologies. Caldera Open Linux will provide this additional functionality and certification capabilities that no existing Linux OS version can provide."

Caldera made this announcement from Linux Kongress in Berlin, Germany, where the core of Linux developers and vendors worldwide meet each year to discuss accomplishments and future plans for Linux technologies. At Linux Kongress, Caldera planned to meet with key Linux developers and vendors to discuss how Caldera can best meet the needs of the Internet community, Linux developers and enthusiasts, and the commercial computer industry market all of which are seeking to lower computing costs while increasing the functionality and availability of customizable software systems.

Caldera will collaborate with developers in the Internet and Linux communities to develop and refine technologies that add specific functionality that Caldera's customers are requesting. In addition to publishing the source code for Caldera Open Linux, Caldera will provide a significant percentage of net revenues from the product back to the Internet and Linux communities through funding for future technology development.

Caldera is also collaborating with mainstream industry software vendors (ISVs) who are porting their products to Caldera's platform. Caldera and its partners are delivering products that provide Internet and UNIX systems capabilities at commodity pricing.

LDAP

Caldera also today announced plans to release Lightweight Directory Access Protocol (LDAP) services and incorporate LDAP into Caldera's product line this Fall. LDAP creates a standard way for Internet clients, Web servers and applications to access directory listings of thousands of Internet users.

"Caldera supports LDAP as a proposed open standard for directory services on the Internet," said Sparks. "LDAP will enable Caldera's customers to access online directory services via the TCP/IP network protocol."

Caldera Europe

Currently, Caldera's European business is handled by LunetIX based in Berlin, Germany. This Fall, Caldera will create Caldera Europe, comprised of employees from both LunetIX and LST. European customers and resellers seeking additional information about Caldera should contact LunetIX in Berlin at telephone number +49-30-623-5787 or contact Caldera's Provo, Utah-based headquarters.

The Caldera Linux Operating System

Caldera's mission includes creating the products, alliances, VAR channel, ISV channel, technical support programs and corporate accountability necessary for an emerging technology to obtain widespread implementation in the business environment. Using Linux technologies, Caldera has a solid start. Mirai, a Chicago-based consulting company, polled Webmasters worldwide in 1995 and found that nine percent of World Wide Web servers were running on the Linux operating system (http://www.mirai.com/survey). This places Linux second only to Sun technologies as a UNIX systems Web server platform.

Caldera has created a solid foundation on which third party developers can successfully design, develop, distribute or employ services that meet the needs of the expanding market with low product costs for consumers.

Caldera, Inc., a privately held company established in 1994, empowers the Internet community, developers, OEMs, channel partners, ISVs, industry partners, consultants and end- users to collaborate, innovate, build and deliver meaningful computing alternatives based on Linux to the business community. Caldera is at http://www.caldera.com/ or (801) 229-1675. For orders and information call (800) 850-7779 in the United States or (801) 269-7012 Internationally.

###

Caldera is a registered trademark; and Network Desktop, Caldera Solutions CD, and Caldera Open Linux are trademarks of Caldera, Inc. UNIX is a registered trademark, in the United States and other countries, licensed exclusively through X/Open Company Limited. X/Open is a registered trademark of X/Open Company Limited.

Caldera Press Contact:

Lyle Ball, Senior Manager, Public Relations


  


Bryan Sparks in the late 1990s on Linux v. Unix in the Enterprise - Updated | 190 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Off topic
Authored by: ankylosaurus on Friday, January 05 2007 @ 10:04 AM EST
Please remember to make links clickable.

---
The Dinosaur with a Club at the End of its Tail

[ Reply to This | # ]

Corrections Here
Authored by: feldegast on Friday, January 05 2007 @ 10:05 AM EST
So PJ can fix them

---
IANAL
My posts are ©2004-2007 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

Bryan Sparks in the late 1990s on Linux v. Unix in the Enterprise
Authored by: WhiteFang on Friday, January 05 2007 @ 10:10 AM EST
Ah yes. I remember reading some press reaction to this at the time.
I was a silent cheerleader for Caldera even though I had no clue as to whom they
were. This was because I had shelled out $1500 'on sale' to Programmer's
Paradise for a Santa Cruz development license and got no where with it. It
wouldn't install and I got no significant help once it was realized that I was
trying to run an unsupported modem.

I gave up on it. I ate the $1500 loss and vowed never to do business with Santa
Cruz again. I figured that's what I gor for believing Santa Cruz' marketing
claims.

:-D

---
DRM - Degrading, Repulsive, Meanspirited 'Nuff Said.
"I shouldn't have asked ... "

[ Reply to This | # ]

It was a conspiracy.
Authored by: Anonymous on Friday, January 05 2007 @ 11:00 AM EST
http://ir.sco.com/ReleaseDetail.cfm?releaseid=38542

"NDUSTRY LEADERS INVEST IN CALDERA SYSTEMS, INC.

INDUSTRY LEADERS INVEST IN CALDERA SYSTEMS, INC.
Sun, Citrix, Novell, SCO, Egan-Managed Capital and Chicago Venture Partners Take
Equity Positions in Linux Company

OREM, UT January 10, 2000 Caldera Systems, Inc., today announced that it has
received $30 million in private equity financing from technology and investment
leaders including:

* Sun Microsystems, Inc.
* Citrix
* Novell
* SCO
* Chicago Venture Partners
* Egan-Managed Capital

Caldera Systems will use the capital provided by these investors to fund
operations and accelerate the growth and acceptance of Linux. "We are
encouraged by the support of these technology leaders which we take as an
endorsement of the Linux industry as a whole and the Open Source movement in
particular and we look forward to their strategic counsel," said Ransom
Love, President and CEO of Caldera Systems, Inc. "Given our strategic goal
of enabling access to any application on any platform with any device, an
investment in a Linux company such as Caldera makes perfect sense,"
according to John Cunningham, Citrix Chief Financial Officer."

.......

"We're the leading provider of UNIX server systems and a longtime supporter
and supplier of Open Source technologies," said Mike Orr, senior vice
president of Marketing, SCO. "We look forward to furthering the
relationship with Caldera by working together on initiatives that bring Linux
and UNIX closer together."

It seems that the Santa Cruz Operation and Caldera, among others conspired to
damage the SCO Group's UNIX business.

I frankly don't see what IBM had to do with this.

[ Reply to This | # ]

Lineo
Authored by: freeio on Friday, January 05 2007 @ 11:13 AM EST
Ah yes, Lineo. I had the misfortune to get involved with some Motorola
Coldfire-based hardware design based on the Moreton Bay (bought and incorporated
into Lineo) reference designs. Only they were not reference designs, really, in
that they provided no hardware information whatsoever. What looked like a great
way to bootstrap into embedded control using Linux turned out to be a total
disaster because Lineo was playing so tight with information that their kits
were totally unusable. Their very precious intellectual property was not really
provided, but really just a useless kit with no obvious path for a technically
savvy customer to directly utilize it.

This is that same mixed-source business that Novell is so proud of right now.
Hook the customer with the promise of Linux, and then make it so that the
customer is locked into an expensive one-way ride. Monetize the world! Pay
nothing for Linux and get rich by developing an add-on or two.

Lineo. Bah! Humbug!



---
Tux et bona et fortuna est.

[ Reply to This | # ]

Microsoft admits crashing DR-DOS, in memos
Authored by: tz on Friday, January 05 2007 @ 01:33 PM EST
I still haven't found the "crash lotus and tell people to use excel"
in the "treasure trove", but remember the Win3.1 crashing DR-DOS
intentionally.

http://www.maxframe.com/DR/Info/fullstory/dsprgmnt.html#_Toc447960918

Read the whole thing, but it starts to get juicy around "U":
(quote)
In September 1991, David Cole, Microsoft's MS-DOS and Windows program manager,
outlined the plan to Brad Silverberg, Microsoft's senior executive responsible
for MS-DOS and Windows:

It's pretty clear we need to make sure Windows 3.1 only runs on top of MS DOS or
an OEM version of it. I checked with legal, and they are working up some text we
are suppose to display if someone tries to setup or run Windows on a alien
operating system. We are suppose to give the user the option of continuing after
the warning. However, we should surely crash at some point shortly later.

Now to the point of this mail. How shall we proceed on the issue of making sure
Win 3.1 requires MS DOS. We need to have some pretty fancy internal checks to
make sure we are on the right one. Maybe there are several very sophisticated
checks so that competitors get put on a treadmill. Aaronr [Aaron Reynolds] had
some pretty wild ideas after 3 or so beers, earleh has some too. We need to make
sure this doesn't distract the team for a couple of reasons 1) the pure
distraction factor 2) the less people know about exactly what gets done, the
better.

Please advise.
(quote ends)

More random tidbits:

What the guy is supposed to do is feel uncomfortable, and when he has bugs,
suspect that the problem is DR DOS and then go out to buy MS-DOS. Or decide to
not take the risk for the other machines he

Silverberg instruction to Microsoft product support group:

windows is designed and tested for ms-dos. not dr dos. it says MS-DOS on the
box, not MS-DOS or DR DOS . . . this is what to tell the world (in a nice way).
using a system other than ms-dos puts the user at his own risk. there is
another "fix" for them: use ms-dos

# In addition, despite the extensive DR DOS testing that Microsoft had done
internally and by independent testing laboratories (see, infra, Statement of
Additional Material Facts at 3-5, 11-12, supra), Microsoft falsely told PC
users, OEMs and software industry publications that Microsoft did not test DR
DOS:



Silverberg statement on Compuserve Forum:

Oh, I forgot to say that Windows is designed and tested to work with MS-DOS. We
do no testing at all with DR DOS and we do not know first hand whether it's
compatible with Win 3.1 or not. There is no code in Windows that says, "if
DR-DOS then . . . ". We don't detect it.

Exhibit 443.



Microsoft instructions on what to tell a customer about DR DOS 6.0
compatibility:

The standard response is: Windows is only tested with MS-DOS operating systems.
DR-DOS claims to be 100% compatible with MS-DOS, so if that is true, then the
user shouldn't have any problems.



There is really nothing we can do.

Exhibit 291 (emphasis added).



October 1991 report to Microsoft's OEM sales force on what to say about DR DOS
and Windows 3.1:

"And Windows 3.1 is not being tested on DR DOS 5.0 and 6.0."

Exhibit 210.



Microsoft statement reprinted in InfoWorld:

Microsoft does not test Windows on anything other than Microsoft's MS-DOS. We
don't have the development or testing resources, nor do we consider it our job
to test Windows on other systems

Engel Decl., Exhibit 7 (InfoWorld, November 22, 1993).
# As shown above, Microsoft designed the AARD code to detect DR DOS. As late as
January 28, 1992, the non-fatal message was to state: "The Windows setup
program has detected another operating system on your machine." Exhibit
270. Microsoft changed the text of the message to blind the fact that its
purpose was to detect DR DOS.



Silverberg:

I am wondering if we should change the detection words to say we failed to
detect MS-DOS, rather than say we detected an operating system other than
MS-DOS. The latter words would make people think we are looking for DR DOS . . .
.

Exhibit 270.
# Having changed the message to conceal its true purpose, Microsoft falsely
denied that the message was designed to detect DR DOS. Moreover, notwithstanding
the AARD code and its creation of intentional incompatibilities, Microsoft
falsely stated that it had done nothing to create perceived incompatibilities
between DR DOS and Windows:

[ Reply to This | # ]

The pendulum swings
Authored by: hardmath on Friday, January 05 2007 @ 09:29 PM EST

I did a Google search on "Caldera reseller kit" to see what I might be able to find about the "Open Letter" to SCO's resellers around the end of the 90's. I had no success, but what I did find paints an interesting picture.

A couple of Linux Journal articles popped up. This one is dated New Year's Day, 1997, but evidently reflects an interview with Bryan Sparks that took place "at the Unix Expo trade show in New York on October 9," 1996.

While this interview dwells exclusively on Caldera's planned introduction of "three Linux-based systems targeted at different market segments... collectively called Caldera OpenLinux (COL)" and suggests Caldera was focused on Linux marketing at this time, we should keep in mind this is "filtered" through the Linux Journal's interview. The interviewer, Phil Hughes, does ask "if Caldera intended to continue with Unix branding of their product... The answer is yes, and and [Bryan] expects this to happen in 1997." The column pointedly describes Caldera as having "over 200 resellers under contract... many of these resellers have been resellers of SCO Unix or UnixWare."

Now jump ahead to this column from Aug. 2002 by Jeff Gerhardt entitled "A Rose by Any Other Name -- Is It Still the Same?" and subtitled "Reaction to the Caldera/The SCO Group announcement at GeoFORUM, Part 1."

Now of course this is second hand analysis, but it is an immediate reflection on the branding change from Caldera to The SCO Group: "Monday, during his opening comments, new Caldera CEO and President Darl McBride announced the name change of the company from Caldera to The SCO Group in dramatic fashion. Using a high-tech multimedia show, the Caldera image was shattered into shards by the new SCO Group logo, which is pretty much the same as the old SCO logo."

"So why did Caldera morph into The SCO Group? It's business folks, just business. Let's look at the facts, and let's start with the channel-oriented ones."

According to Gerhardt's analysis, Caldera had spent at least the prior year trying to shift their now 12,000 to 16,000 strong reseller channel, acquired from SCO, from selling Unix to selling Linux. But the channel pushes back: "Over the last year or so, Caldera has tried to kill the SCO product line and get the channel to sell Linux. But the channel was built upon a momentum of SCO UNIX and would not stop. Bottom line, the change was driven by the pressure created by the channel itself."

Ah, the irony of hindsight. Some premonitions of SCO channel resellers' unhappiness with Caldera's Linux positioning is articulated here in an April, 2001 Register article called "SCO channel chill bodes ill for Caldera". Anonymously a reseller complains that "SCO OpenServer binaries now run so well on Linux that customers consider the $1000+ license fee an easy saving, and do without."

One last link, a column titled "Linux Vendors Scale Up Products And Partner Price Tags" from April, 2000 by Paula Rooney in Computer Reseller News (CRN). Red Hat and Caldera are mentioned in tandem as "shifting their strategies swiftly to stay on top of the unfurling Linux wave and are making friends and enemies as they scale up their products, prices and partner programs to follow suit." The story is somewhat critical of Red Hat, at least in the selection of quotes that portrays them as indifferent to the concerns of channel resellers: "You'd think Red Hat would be beating down the door to get me to support their products. Red Hat doesn't act like it needs me or finds me valuable, so I am just returning the favor. I don't wish them failure, but their inability to work with the very people that help them doesn't win them any friends, either."

Could this have been the key differentiating factor between Red Hat and Caldera? Caldera became something of a captive to its SCO-purchased resellers, while Red Hat's business plan, owing nothing to consultants but an arm's length relationship, led to their not just surviving but thriving?

regards, hm

---
So, if you're at a party, and the question comes up, "Is there a UFD that is neither Noetherian nor Artinian?", you can say yes.
-- Karl Dahlko

[ Reply to This | # ]

Lineo revisted
Authored by: arch_dude on Friday, January 05 2007 @ 11:36 PM EST
Lineo was spun off to address the embedded market. the embeded market was not a
UNIX competitor: Caldera stayed in the PC and enterprise market, while Lineo
went for the embedded market. More than anything, the Caldera/Lineo split is
significant because it shows that Caldera did in fact recognize the difference
between the Enterprise market (Caldera) and the embedded systems market(Lineo.)

At the time of the split, UNIX was considered to be a "big" OS,
suitable for enterprise systems and becoming useful for desktops as the
technolology caused the cost of desktop HW to decrease. This permitted Linux to
compete with UNIX in the desktop space.

However, Caldera had also identified a market for much simpler systems based on
the Linux code base: "embedded" systems that UNIX was never intended
to address. the major embedded systems vendor was VwWorks, but there ware at
least five viable vendors of comercial embedded OSes at that time.

Caldera had developed a reasonably innovative way to strip Linux to its
essentials and to customize it for any particular embedded task: this collection
fof techniques was called "Embedix." Lineo was spun off to take try to
make a profit from this technology. In the mean time, Caldera was supposed to
continue to attack the more traditional desktop and server markets.

Lineo ended up subsuming seven companies that were trying to address various
aspects of the embedded linux space. Whether as a result of this or not, a great
many (most?) modern embedded systems use linux rather than proprietary embedded
"real-time" operating systems.

Why does this matter? well, TSG implies that Linux was a "toy" system,
unsuitable for the enterprise, before IBM added the secret sauce. But Caldera
had already spun off the "toy" uses of Linux into Lineo well before
beginnig the acquisition of the Santa Cruz Operation's UNIX business. This shows
that Caldera was alraedy focused on Linux as a direct competitor to UNIX: they
had already spun off the "toy" applications of Linux.

In 1999, an embedded system (such as an AXIS video camera) was cost-consrtained
by the amount of avialable RAM. The Embedix technologyh allowed a developer
quicj=kly create a special-purpose Linux system to fix inopt the available RAM
and flash.The result was smaller, more powerful, and cheaper than an equivalent
VxWorks impementation.

Lineo finally failed for many reasons, but even if the company had performed
briliantly, it was dooomed by the advance of technology. The value of Embedix
was that it could create A useful Linux image that was 4MB rather than 32MB.
this was (marginally) useful n 1999, when the difference amounted to perhaps
$30/unit. Today, this difference amouts to somewhere between $0 and
$0.10/unit.

[ Reply to This | # ]

  • Bzzt. Wrong. - Authored by: Anonymous on Saturday, January 06 2007 @ 02:10 AM EST
Uh, about those copyrights
Authored by: Anonymous on Friday, January 05 2007 @ 11:59 PM EST
"...It will include the features of COL Workstation plus Cross Platform
Services and GroupWise technologies licensed from Novell..."

Licensed from Novell??

But surely those involve the copyrights Novell transferred to SCO, and then
licensed back... just like TSCOG explained in their 'admissions' in both the IBM
and Novell cases ...right?

I'd love to hear SCO explain why even though Santa Cruz owned all the copyrights
they had to get a license from Novell.

[ Reply to This | # ]

OpenLinux Adoption Kit
Authored by: DodgeRules on Saturday, January 06 2007 @ 01:00 AM EST
Well, it seems that they actually did ship this kit. Juan M. Courcoul wrote on 27-Sep-98 (you'll have to scroll down a bit) "We've just received our copy of the OpenLinux Adoption Kit from Caldera and are very eager to get it going for our students at our School of Architecture."

And a newsgroup posting on Jun 5, 1998 references "Openlinux Adoption Kit (includes Standard and 1 yr maint.) $399.00"

[ Reply to This | # ]

Ransom Love in 1999 on SCO's VARs
Authored by: chris_bloke on Saturday, January 06 2007 @ 02:09 AM EST

Found this CRN article from 1999 which quotes Ransom Love on SCO's VAR channel, saying:

In fact, Ransom Love, president and chief executive of Caldera Systems Inc., an Orem, Utah-based developer of OpenLinux, said SCO's recent positioning of itself as an enterprise-focused company has "abandoned and offended" a significant portion of SCO's channel. These partners have been the foundation of the company's success, particularly in the lower end of the high-volume Unix server market, he said.
While SCO might be willing to "leave behind" some of its volume business, there will be opportunity for Linux to meet the needs of SCO users and VARs, said Love. "Linux provides a fantastic opportunity for the channel," he said.

So they certainly were after their business in 1999 too.

[ Reply to This | # ]

The Fully Satisfying Part
Authored by: Ian Al on Saturday, January 06 2007 @ 02:55 AM EST
Even if IBM somehow miss on their SJs they are allowed to bring all of this to
the judge and jury as it is freely available.

This should trump both bench thumping and hand waving in the eyes of any jury.

---
Regards
Ian Al

[ Reply to This | # ]

Interview: Lyle Ball, Lineo
Authored by: IMANAL on Saturday, January 06 2007 @ 04:15 AM EST
Here is a long interview by Marjorie Richardson with Lyle Ball of Lineo from the October 1999 issue of the Linux Journal. Some snippets:

"On July 20, Caldera Thin Clients announced it was changing its name to Lineo and would be offering an embedded system product called Embedix, based on Caldera's OpenLinux. Then the rumors began to fly--who were they partnering with? The name heard most often was Motorola. On August 4, under an NDA until the August 9 announcement, I talked to Lyle Ball of Lineo to find out which rumors were true. Here's our conversation."

Margie: How about the name change? How did you choose Lineo?

Lyle: We wanted a name that was more attached to the Linux environment, because we see a longer-term demand for Linux from the market.




The article also described how customer demand is shifting away from DOS to Linux.



---
--------------------------
IM Absolutely Not A Lawyer

[ Reply to This | # ]

Caldera in 1995
Authored by: Anonymous on Saturday, January 06 2007 @ 07:52 AM EST

Caldera once had a company's history on their website. It said:

1995: Caldera coins "Linux for Business"

Ok, that could be interpreted as "Linux for SOHO" and not "Linux for Enterprise", but I am very confident Caldera wasn't that subtle back then.

cb

[ Reply to This | # ]

SCO's Lies
Authored by: Anonymous on Saturday, January 06 2007 @ 01:28 PM EST
Since it has become so obvious that SCO has bald-faced lied about its history
and that its lawsuit against IBM has been frivolous,
the quickest end to SCO's part of the litigation (not IBM's)
would be for Judge Kimball to rule on Novell's motion for summary judgment
that Novell has the right per APA contract (which is extremely clear)
to nullify SCO's litigation against IBM.
That would be a fitting hanging of SCO.

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )