OSTG | ThinkGeekSlashdotITMJIT Product GuideLinux.comSourceForge.netfreshmeatNewslettersTechJobsBroadband
-advertisement-
NewsForge
March 10, 2005
 

News and Trends


Legal

S2 'mystery man' Anderer speaks on MS, SCO, and licensing

Friday March 12, 2004 (05:30 PM GMT)
By: Chris Preimesberger

  Printer-friendly   Email story  

Mike Anderer was the author of the S2-to-SCO Group memo that comprises the "Halloween X" document that was released to the press by Eric Raymond last week. Anderer, the CEO of S2 and the middleman in the SCO Group's $50 million PIPE transaction of last October 16 contacted us today, and while he is under a non-disclosure agreement and can't say very much about the $50 million PIPE deal, what follows are some of the thoughts he can share.

I
am certain people would like to know what is happening but I cannot talk to you without permission. I will tell you my background is integration and I am OS agnostic; the more there are the better. I will file close to 20 patents this year for companies in many spaces, including homeland security, anti-terrorism, several grid computing and virtual machine patents, and, ironically, I should have one issued in the expiring and disappearing e-mail arena. It was initiated 4-5 yrs ago.

I have helped many companies and individuals who run companies in the GNU/Linux, BSD, and Unix world as well as those in the Microsoft world. I admire the good parts and despair the bad parts.

Most of my time is currently spent on new technologies on several different platforms. Many of my companies and several of our offices have been merged into other companies, moved or sold as part of a technology deal, some even sold during the deepest parts of the downturn. I helped build the channels for most of the products that corporate America is currently using and some they will be using soon. In several cases, I am finally finding or developing ways to solve problems I have been working on for the last 20 years. The only way I can hide is to work so hard that it becomes close to impossible to track all the companies I have owned, bought, sold, rolled up, or sat on the board of. If you include the ones where I helped entrepreneurs and companies through tough times, or sat on non-profit boards, the list would be even tougher to follow.

Anybody who knows me or really analyzes what they found on the Web will find I don't hide well. I also have a lot to say in most situations.

The following is simply my opinion. This is all I can really give you considering the NDA. As for the PIPE deal, I cannot comment at all, but I also would have nothing of interest to add beyond what has already been made public.

I would state that this licensing project represented only a small fraction of my time over the last year and has completely gone away in recent months. This was a job for me, and licensing IP has been an increasingly significant portion of my work.

Many thousands of licenses have been sold to Unix over the years. I cannot think of any major hardware or software company or even university that does not have a license directly or indirectly. If you see the world moving forward as a (GNU/Linux/BSD/Unix)/Windows world it does not take an MIT rocket scientist to think it would make sense for the largest software company in the world to increase their rights by taking another license (remember they did develop and own a portion of the code originally sold as MS Xenix). In fact I saw several postings on Slashdot hammering them for including what people saw as BSD property (with proper copyright attribution) in some of their products. It was also no secret that Microsoft licensed and even purchased companies in this arena over the last several years (look where Windows Services for Unix came from). They developed some pretty incredible functionality into things like SFU 3.5 (which I just got for free with a systems magazine). If you consider this licensing an indirect financing of SCO, then everybody (or at least the thousands of licensees) is responsible at some level. The licenses in some cases exceeded $100 million, so these were not even close to the largest ones. The hard part for me was finding somebody who was not already a big licensee.

Just as I see Microsoft developing stronger interoperability from their side, I see a huge community developing stronger connectivity from the GNU/Linux/BSD/Unix side. We will work from both sides and hopefully contribute to making things more functional for customers whatever they choose. The only really interesting point here is that people finally benefit from more stuff working together. It still takes work, but things are getting better in many areas.

I think one real issue, that people are skirting, is who will be the ultimate guarantor of IP-related issues in a world that is governed by the GPL and GPL-like licenses. I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain. I know this is what I originally thought would happen, at least the settlement part. I am not certain what people who paid tens of millions for licenses would say if what they paid for was now free, but that is a different issue.

In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash? At that point they could not even afford to settle a fraction of a single judgment without devastating their shareholders. I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions, but most would be large enough to ruin anything but the largest companies. Red Hat did recently raise several hundred million which certainly gives them more staying power. Ultimately, I do not think any company except a few of the largest companies can offer any reasonable insulation to their customers from these types of judgments. You would need a market cap of more than a couple billion to just survive in the OS space.

Since the GPL type license agreements push the liability to the users, who do you go after? I think this is a key problem. Nobody wants to be the ultimate guarantor for software that was free (or close to it). I think the dispute with SCO would have been settled a long time ago if everybody knew this was the last one. The problem is there will probably be hundreds or even thousands of these disputes in the future and the targets will be the companies with the deepest pockets. Even if the large vendors disclaim all responsibility initially, I do not think the customers will accept this from their vendors for very long. In the meantime, I don't see anybody being in a hurry to write the first big check.

The world of software is changing. I think everybody sees that part on the product side, but the economic underpinnings are changing too. It used to be you included R&D; and patent development costs into your license add your costs and a markup and you could make a living. We relied on cross-licensing, licensing, and innovation, and our ability to prevent other people from copying our work without permission. Now things are shifting, but I am not certain anybody has completely figured out this new model, and if you think it is just any one company that is concerned about this, you are wrong.

I do think things will work out, and the sooner the better. I believe the software industry is in an incredible renaissance and that means maybe there will be a lot more people out there making things better and a couple fewer people with enough spare time to flame under five separate handles, all registered as underage so they can exploit the better privacy laws we afford to children.

I do appreciate all the effort and help people have provided by digging up old sites and even stuff I had long forgotten about. I am still hoping people dig up some of the more positive projects I have been involved with. I have also had several long lost friends contact me. I think they thought I might need some support.

-- Mike

  Printer-friendly   Email story  

 

  Related Links      

This discussion has been archived. No new comments can be posted.
  Comments      

Top  |  148 comments  |  Search Discussion  |  

(1) | 2 (NewsForge Overload: CommentLimit 50)
More Yeah! (Score:2)
By SarsSmarz (186137) on 2004.03.12 13:24 (#87780)
Yeah! He got his act together with his little sabbatical, and is spouting tons, without actually saying anything. I'll vote for him!
Scum of the earth (Score:0)
By Anonymous Reader on 2004.03.12 13:43 (#87783)
Another lawyer with a US centric view of the world.
QDos, but what about the important stuff? (Score:1, Insightful)
By Anonymous Reader on 2004.03.12 13:43 (#87784)
First of all, thank you, Mike, for coming out. This whole mess will get sorted out much faster this way.

OTOH, your nice speech is what in France, we call 'wooden tong' (langue de bois). You haven't actually brought anything to the table. Surely you can see how your 'ip licensing' has gotten out of hand, and is now little more than a smear campaign.

Mabey it's time to show the high moral standards you claim, and put this fiasco down. Like that we can all get down to doing what we do best, and make tomorrows computing world one of innovation and interoperability, where honest business and the users alike will thrive.

regards

David Mills

d.mills AT tiscali.fr


Summary: (Score:0)
By Anonymous Reader on 2004.03.12 13:47 (#87786)
- I am great.
- I am so busy in great stuff.
- I have great patents.
- You all don't understand how great my knowledge is so I demonstrate my great wisdom by spouting irrelevent hot air.
- Wasn't that great?
- You are not a great as I am.
- Someday I'll be able to tell you more about how great I am.
- Go back to your mundane lives while I go do great things.

Two points, moving into several. (Score:0)
By Anonymous Reader on 2004.03.12 13:53 (#87787)
One, He says that Microsoft have suits pending and two, he appears to be a intelligent person desperately trying to make sense of his support for IP bullies.

He's a SCO apologist. When he says nobody has worked out a model for the current industry he overlooks IBM, whom seem to be doing well at present. He's saying that if a company can't compete technologically it should fall back on legalise and paperwork.

Using his logic Windows wouldn't have existed because of MacOS, and MacOS wouldn't exist because of Xerox-PARC!

Bring back Doug Michels! Someone who at least could compete technologically; the last Unixware could barely compete with Windows 2003. Let alone the horridly 1980s OpenUNIX. He should stop trying to kid himself and move with the times.

He talks about nobody been able to compete with Microsoft. Sounds tragically like people saying nobody could compete with IBM in 1985.
So, he reads Slashbash, but (Score:0)
By Anonymous Reader on 2004.03.12 14:01 (#87791)
it took a week for him to hear about Halloween 10 and respond with, well, with *nothing* really?

Riiiiiiggghhttt...

Mod parent down, -10 : FUD
Better to read that than be blind ..... (Score:0)
By Anonymous Reader on 2004.03.12 14:04 (#87793)
but not by much.

Would the editors of Newsforge care to comment on this "interview" ?
    Yeah... (Score:0)
    By Anonymous Reader on 2004.03.12 14:07 (#87795)
    "Since the GPL type license agreements push the liability to the users"

    Is this a proven fact? Because all your "thinking" is based on it... and it seems totally absurd to me.

    - James
    More misrepresentation of the GPL (Score:0)
    By Anonymous Reader on 2004.03.12 14:16 (#87797)
    Since the GPL type license agreements push the liability to the users, who do you go after? I think this is a key problem.

    The GPL does nothing of the sort. Any liability for IP infringement in products released under the GPL is still on the contributor and relief for IP infringement still involves removing the infringing portion.

    The solution to your "key problem", Mr. Anderers, is to establish some sanity in IP legislation and to move away from the 100x return model that some companies seem to apply to what currently passes for IP. The current environment is about companies wanting money for nothing.


    OldThink (Score:0)
    By Anonymous Reader on 2004.03.12 14:33 (#87798)
    He suffers from the same malady as SCO and MSFT. He assumes that IP is something to be monetized. IP consists of copyright and patents. Once this silly SCO things is dead and gone, which seems all but inevitable, no one will question copyrights again. Now we must focus on the ridiculous software patent system. Once that is gone, then, and only then, will we be free.

    The patent fight is going to get very ugly. I am expecting there to be civil disobedience required to get the laws changed. Welcome back to the Equal Rights movement.


    Parasitic Organism (Score:0)
    By Anonymous Reader on 2004.03.12 14:38 (#87799)
    "In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies..., how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash?"

    In other words, small companies and independent developers aren't viable in the now lawsuit-saddled software industry. Individual coders must become cogs in a big machine that ultimately feeds the lawyer-parasites.
    Defensive and evasive (Score:0)
    By Anonymous Reader on 2004.03.12 15:04 (#87803)
    Mr. Anderer,
    Nobody has blamed you for anything so you don't need to defend yourself. We never asked about your philosophy on IP economics. The only reason you're now famous is that your email connected Microsoft to Baystar's $50mil investment in SCO. That's the key issue here, and you've evaded it completely.
      Another f****ing idiot (Score:0)
      By Anonymous Reader on 2004.03.12 15:15 (#87805)
      [quote]
      I think one real issue, that people are skirting, is who will be the ultimate guarantor of IP-related issues in a world that is governed by the GPL and GPL-like licenses. I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain
      [/quote]

      Donating it to the PUBLIC DOMAIN!!! I cant adequately express my anger! GPL has nothing to do with Public Domain. If I wanted my work to be Public Domain I would license it as such. The solution is verrry simple: take the GPL license seriously and honor it as you would any other license. These fools speak of the importance of protecting IP rights while completely failing to even acknowledge the rights of the GPL contributors (and other similiar licenses). GPL IS NOT PUBLIC DOMAIN!!! GPL SOFTWARE IS NOT SOFTWARE THAT NOONE OWNS - IT IS OWNED BY THE AUTHOR OF THE CODE AND IS PROTECTED BY THE SAME COPYRIGHT LAWS YOU LEECHES PRETEND TO RESPECT.

      [/end rant]

      (and don't get me started on the 'Settling the dispute with SCO' crap).

      Grrrr..... Sue EVERYBODY! (Score:0)
      By Anonymous Reader on 2004.03.12 15:24 (#87809)
      "Since the GPL type license agreements push the liability to the users, who do you go after? I think this is a key problem."

      No, the key problem is that the bloodsucking lawyers and greed execs of the world think you MUST go after someone because they MIGHT be infringing.

      No one forces ANYONE to use the GPL. No one forces SCO to use it either - which is what really frosts the rest of us. SCO would have it so that they can sue anyone indiscriminately and yet much of their product relies on GPL software.

      No sir, this is simply about playing by the rules. There is a reason 99% of the tech world is up in arms about SCO and its activities. I'm not certain any other company will ever want to go through this sort of thing again when its all over either.
      Money is your God (Score:0)
      By Anonymous Reader on 2004.03.12 15:28 (#87811)
      That's all you care about Mike.

      You social standing.
      Pride in your little affluent lifestyle.
      How you look.
      And feeding your little ego.

      That's all you Mormons care about.

      Like Bugs Bunny Says: (Score:0)
      By Anonymous Reader on 2004.03.12 15:29 (#87812)
      Of course you realize, this means war!

      Vainglory, FUD, BS & a slip-up (Score:0)
      By Anonymous Reader on 2004.03.12 15:29 (#87813)
      All anyone cared about was the PIPE deal, and this narcissistic windbag says zilch about it, then regales us all with tales of glory, buckets of anti-GPL FUD, and a bunch of transparent BS about how he is 'OS agnostic'.
      The man is clearly a behind the scenes operator. Why such a tortured trail? It's called 'covering your tracks'. So, MS has more suits up their sleeve? Funny, last time I looked it was SCO launching sui-* OH! DUH!! Thanks for clearing that up Mike! I guess you're not nearly as slick as you thought you were!
      - Tim R
      That Was A Nice Speech But... (Score:0)
      By Anonymous Reader on 2004.03.12 15:30 (#87814)
      "...Since the GPL type license agreements push the liability to the users, who do you go after?...

      I'm not sure what you mean by this. Why do you have to go after anybody? Are you saying people using GPL stuff are inherently guilty?

      It sounds like more SCO talk to me.
      At least he spellchecked this document (Score:0)
      By Anonymous Reader on 2004.03.12 15:31 (#87815)
      Otherwis it wud reed like his emales
      You state you are under a NDA. When? (Score:0)
      By Anonymous Reader on 2004.03.12 15:47 (#87818)
      There was a problem finding you for while.

      When did you sign this NDA? In the last few days?

      Roblimo, quick! Before he gets a chance to NDA the date of signing the NDA!

      Wouldn't surprise me for a second. Enough time for Fedex to do the legwork.

      Aaaaaaaaaaaayyyyy!
        SCO Linux (Score:0)
        By Anonymous Reader on 2004.03.12 16:22 (#87826)
        Mike Anderer conviently ignores the fact that SCO distributed Linux under the GPL for years. Including a couple of years while SCO was the "owner of the UNIX operating system." And he conviently ignores the fact that SCO has never shown any infringment. Yet he is all over indemnification. Why? Because his deals (licensing, patents) depend on the ability to sue, and not just to remove the problem, but to sue the 'deepest pockets' as he puts it. Without indemification, his business model falls apart, as it does for many software companies. But that is not the only model out there. Ask IBM.

        Buahhhh ?? (Score:0)
        By Anonymous Reader on 2004.03.12 16:33 (#87829)
        What the %#&% is this #@$%@#$$ talking about ? Dude i think your little sister spun you a few too many times in the washer and now your like slightly retarded.
                                               
          GPL destroying the last viable industry in US.... (Score:0)
          By Anonymous Reader on 2004.03.12 16:40 (#87830)
          IP Law is the last growth industry in the US. Everything else is going overseas. These jokers earn a living either stealing ideas (it costs relatively nothing to apply for a patent) or suing people (it costs them nothing to file a lawsuit). They dont actually produce anything except more work for themselves. I think our buddy/humanitarian Mark falls into this category. If GPL is successful, he stands to lose everything....
          Perhaps we should modify the laws in the US such that if you file a lawsuit for X dollars and lose,
          the person you file it against gets that amount. Perhaps, also, we could make it impossible to get a patent on intangible objects. That would take care of all this crap.....

          IP Protectionism (Score:0)
          By Anonymous Reader on 2004.03.12 17:07 (#87833)
          All I can say is that I hope that companies using Mr. Anderer's services check with real lawyers before relying on his advice. I find it a bit disconcerting that Mr. Anderer felt that SCO would be bought out and their products put into the public domain.

          Mr. Anderer what about all the copyright holders? Wouldn't they have a course of action against a company doing this? Perhaps you missed the articles where Random Love (former Caldera CEO) stated that they had looked into doing this and found it would be impossible due to the various copyright involved.

          For those readers who think Mr. Anderer is just repeating the SCO script, I think he is its author. Look at the phrases 'MIT rocket scientist' and 'GPL type license agreements push the liability to the users.' The only one he missed was 'monetize.'

          'I am still hoping people dig up some of the more positive projects I have been involved with.'

          Us too, perhaps you could send a list of names, we would be glad to do the research, as you point out there are plenty of people willing to do it.

          You are right the economic underpinnings of software are changing. Just as PC hardware has become a commodity, computer software is taking the same path. Which means that some software is becoming infrastructure including the OS and basic applications, for example, word processors, spreadsheets and browsers.

          In the future people will buy proprietary software for the specialist knowledge and services included. The days of people paying big bucks for an off the shelf office suite are fading fast. Companies spending their time on protecting their market share, locking in their customers and limiting the interoperability with other vendor's products and software platforms will eventually lose.

          We too believe that software development is under going a reniassance after being stiffled by large companies using patents, lawsuits and expensive development toolkits to limit the number of small companies and independent developers that could afford to participate. Open source lowers the barriers to competetion that currently exist in the software industry allowing more companies and developers to compete. More competitors eventually produces innovation, which has been lacking in the software industry over the last 10-15 years as the number of industry players has declined.

          We look forward to open standards being used to allow software interoperability, something that many proprietary companies want only if they control the standard and can charge for 'licensing,' 'cross-licensing' or developement toolkits. Open standards that any company large or small can use to produce interoperable products provides choices for customers who can choose the best products for their situation since they aren't locked into a single vendor's offering.

          Fortunately, the light is beginning to shine into the dark corners the software patent system. Now that the Eolas patent has been over turned, we may finally see some sanity applied to the software patent process. Hardware patents make sense, but wholesale applying the same process to software just stiffles innovation and causes the lawsuit gridlock that we have now. Making sensible modifications to the system should help all concerned. There is no reason for a:

          '...$500 million dollar patent infringement lawsuits imposed on OS companies...'

          and as you point out

          '...how would somebody like Red Hat compete...'

          and

          '...I do not think any company except a few of the largest companies can offer any reasonable insulation to their customers from these types of judgments. You would need a market cap of more than a couple billion to just survive in the OS space.'

          These are the signs of a badly broken system, fortunately we are now getting the attention of lawmakers and can address these inequities. As economists say small companies are the growth engine of the economy and when they can't compete due to systems like the patent system then it needs to be fixed.


          Read the rest of this comment...

          BayStar and RBC pacification (Score:0)
          By Anonymous Reader on 2004.03.12 17:14 (#87834)
          At a quick reading this sounds like BayStar and RBC wants their money back and SCOX asked Enderer to write this to pacify and stop them from closing the deal. BayStar and RBS are being set up to be the bag holders.

            Is Enderer=Enderle ? ;)


            Who to sue? (Score:0)
            By Anonymous Reader on 2004.03.12 17:48 (#87837)
            "Since the GPL type license agreements push the liability to the users, who do you go after?"

            Let's look at the Microsoft EULA, shall we?


            CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire
            liability and your exclusive remedy shall be, at Manufacturer's
            option, either (a) return of the price paid, or (b) repair or
            replacement of the SOFTWARE or hardware that does not meet this
            Limited Warranty and which is returned to Manufacturer with a
            copy of your receipt. This Limited Warranty is void if failure
            of the SOFTWARE or hardware has resulted from accident, abuse, or
            misapplication. Any replacement SOFTWARE or hardware will be
            warranted for the remainder of the original warranty period or
            thirty (30) days, whichever is longer.

            NO OTHER WARRANTIES. To the maximum extent permitted by
            applicable law, Manufacturer and its suppliers disclaim all other
            warranties, either express or implied, including, but not limited
            to implied warranties of merchantability and fitness for a
            particular purpose, with regard to the SOFTWARE, the accompanying
            written materials, and any accompanying hardware. This limited
            warranty gives you specific legal rights. You may have others
            which vary from state/jurisdiction to state/jurisdiction.

            NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To
            the maximum extent permitted by applicable law, in no event shall
            Manufacturer or its suppliers be liable for any damages
            whatsoever (including without limitation, special, incidental,
            consequential, or indirect damages for personal injury, loss of
            business profits, business interruption, loss of business
            information, or any other pecuniary loss) arising out of the use
            of or inability to use this product, even if Manufacturer has
            been advised of the possibility of such damages. In any case,
            Manufacturer's and its suppliers' entire liability under any
            provision of this agreement shall be limited to the amount
            actually paid by you for the SOFTWARE and/or Microsoft hardware.
            Because some states/jurisdictions do not allow the exclusion or
            limitation of liability for consequential or incidental damages,
            the above limitation may not apply to you.


            You can get the price of the software back. wheee.

            Agghhh (Score:1)
            MIT rocket scientist

            They're baaack!
            Why provide a Rolls-Royce when a Chevrolet will do?

              Where's the beef? (Score:0)
              By Anonymous Reader on 2004.03.12 19:07 (#87845)
              It seemed like 2 pages of text without substance. Anders seem to skirt the most important questions. There are 2 very key facts in this case: 1) There is no Unix IP in Linux and 2) SCO distributed their Unix IP under the GPL. Anders appeared to be reading from a SCO/Microsoft talking points script. I thought the part about suggesting end users hold liability for lawsuits was cute and predictable. Another statement intended to drive customers away from Linux and towards Windows. Remember the time the tobacco company executives testified in front of congress that their products were not addictive? This sounds like the same deal. These characters wouldn't admit to anything if their life depended on it.

                Flames (Score:0)
                By Anonymous Reader on 2004.03.12 19:15 (#87846)
                -----
                I believe the software industry is in an incredible renaissance and that means maybe there will be a lot more people out there making things better and a couple fewer people with enough spare time to flame under five separate handles, all registered as underage so they can exploit the better privacy laws we afford to children.
                -----

                I guess that flaming those of us who believe in protecting our intellectual property (GNU/Linux) is OK, but flaming those paragons of virtue at SCO isn't OK.

                Anderer should be a politician, he'd fit right in with Bush and Kerry.

                Wayne

                  between the lines (Score:0)
                  By Anonymous Reader on 2004.03.12 19:15 (#87847)
                  So this guy is busy running around looking for the next potential conflict between companies in the software industry so he can stir things up and hopefully cash in with a quick settlement.

                  But it looks like he miscalculated on IBM refusing to buy up SCO for $500 million and he didn't want to wait around on what is starting to look like a failed IP/Patent/Copyright extortion scheme.

                  So he works up some deal so it wont be a total loss and then moves on.

                  And in his point of view the entire OSS/FSS/GPL arena is a big turn off because there are no multi billion dollar corporations with law suit pipe lines waiting for him to fill.

                  I'd say better luck next time Mike, but I'd actually prefer that you fail miserably in your endeavors. You add no value to anything in the industries you infest, you are a parasite.

                  burnin
                  Confirms Buy-out Intentions (Score:0)
                  By Anonymous Reader on 2004.03.12 20:00 (#87858)
                  In between the drivel, this is what lept out at me:

                  "I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain. I know this is what I originally thought would happen, at least the settlement part."

                  Which kind of confirms our view that SCO originally only brought suit against IBM as an encouragement to buy them out, and hadn't really thought through the entire legal case they're now having to make up as they go along.

                  John.
                  This Is Nonsense! (Score:0)
                  By Anonymous Reader on 2004.03.12 20:56 (#87867)
                  This clown comes on after hiding his phones for a week and babbles about the future of computing and says absolutely nothing about his involvement, SCO's involvement or Microsoft's involvement in the Baystar scam.

                  Screw him! He and SCO and Microsoft need to be investigated thoroughly by the SEC. And he knows it. In a year or so, he may be doing time in the Federal pen.

                  You want to hide behind dead phones? Not good enough! Suggest you get on the next plane to Brazil before the SEC finds you.


                  What? (Score:1)
                  By azbaer (3993) on 2004.03.12 22:11 (#87870)
                  I kinda got lost, then went to sleep... what did he say.
                  What crap (Score:0)
                  By Anonymous Reader on 2004.03.12 23:17 (#87873)
                  I don't even know where to begin.

                  I hope Darl is enjoying his little game and his NDA's
                  these guys are a joke

                  someday when I grow up I want to be like this guy and Darl - you think they will let me in the club.

                  I wonder if this guy can actually do anything technical - I bet he is good at holding conference calls and meetings.

                  I can't stop laughing -
                  It is scarry there are people like this roaming the earth. I thought the comets got rid of all the dinosaurs.

                  What does an NDA have anything to do with an explanation of an email. Where was he the last week when everyone was trying to get a hold of him and why are all his numbers to his businesses disconnected.

                  What a looser - but I guess he thinks he is better than everyone because he has the most money.

                  They still don't get that the gpl is about IP rights. This guy is nothing but a no talent paper shuffler.

                  I would not seek his services (whatever they might be) for anything especially now that he signed an nda with sco and sco is sueing the companies that had signed contracts with them.

                  I hope these guys can go home and look their children in the face and feel good about the example they are setting.


                    Unix is not Linux and Linux is NOT UNIX (Score:0)
                    By Anonymous Reader on 2004.03.12 23:36 (#87875)
                    SCO has IP in UnixWare not in Linux. Mr. Anderer please stop lumping Linux with other Unix variants (which may have IP from their respective company). Its kinda like being Ford and saying we are suing all other car makers because they basically copied the idea of a car from us.

                    The fact that the steering wheel, brakes, and speedometer is in the same place (like the commands in Unix and Linux behave the same), doesn't mean they are identical, and that as Ford, you deserve a piece of GM and Honda's pie. Can you imagine the look on the face of Bill Ford, if you walked in and suggested that he sue GM because they copied the car from them. And that the new Caddilac STS steers and handles almost identically to the Lincoln LS, so they MUST have stole the entire steering and suspension from Ford's designs. And because their product's name ends in S you advise them to sue other manufacturers who sell other makes of cars who have a two or three letter named vehicle that ends in S (or sounds like an S). But YOU then refer to them as LS/STS/CTS/RX.

                    And oh, yeah, YOU could have bought an STS and looked at the suspension, and saw that it wasn't anything like the LS, but nooooooo. You advise Mr. Ford, to sue GM first, and claim that they stole their suspension/steering, and you want all of GM's engineering documents because you KNOW they must have stole the designs to build a product that handles as well as Ford's, and that customers can get into and drive with a minimal amount of training. And you advise him to sue any dealership owners that sell both Lincolns and Cadillacs, because they must have colluded with GM to steal those suspension designs.

                    You would be laughed out of his office. And yes, I'm laughing too.

                    You know he's full of it...becuase... (Score:0)
                    By Anonymous Reader on 2004.03.12 23:45 (#87876)
                    " had several long lost friends contact me. I think they thought I might need some support."

                    **** Does he really think he has friends ? He is truly diluted with self grandure.
                    All those meaning less words (Score:0)
                    By Anonymous Reader on 2004.03.13 0:12 (#87879)
                    All of those meaningless words and paragraphs... so vague... what a waste of bandwidth.

                    I think I'll sue him for that.... :)
                    • LOL + Help by Anonymous Reader (Score:0) 2004.03.13 3:27
                      Meaningless Babble! (Score:0)
                      By Anonymous Reader on 2004.03.13 7:02 (#87889)
                      What a bunch of hot gas! IP is only but a term that is used to fog the details. Let's talk the copyrights and patents involved here. Be specific and the truth will reveal itself. SCO and you are in the same boat obviously, and it is sinking fast.
                      Let me see if I get this... if I'm not a $2B company, then I'm wasting my time in the OS arena right? I need at least $2B in revenue to be able to afford to steal, right? OK now I get it. Go get a life and take your buddies at SCO with you. How much did they pay you for your "expert" services anyway???
                        Big Mouth (Score:0)
                        By Anonymous Reader on 2004.03.13 9:00 (#87893)
                        > I also have a lot to say in most situations.

                        In other words, i'm a big mouth.
                          thanks (Score:0)
                          By Anonymous Reader on 2004.03.13 9:59 (#87895)
                          for wasting my time getting me to read what i thought was an informative article but was actually just an egotistical rant.
                            I for one welcome... (Score:0)
                            By Anonymous Reader on 2004.03.13 10:04 (#87897)
                            ...our new self-important douchebag overlord-wannabe, Mike Anderer.
                              Just another self promoting windbag (Score:0)
                              By Anonymous Reader on 2004.03.13 10:07 (#87898)
                              I've met far too many "talkers" like this guy in my career, and not a single one of them deserved anything better than being smacked vigorously about the face and torso with a large, frozen salmon.


                              Long Lost Friend. (Score:0)
                              By Anonymous Reader on 2004.03.13 10:34 (#87904)
                              "I have also had several long lost friends contact me. I think they thought I might need the support"

                              They support you. You figure out a way to try to sell them, sue them, screw them.

                              What happens when your long lost friends find out you are a long lost fiend?
                                Class Action By Anderer's Victoms (Score:0)
                                By Anonymous Reader on 2004.03.13 10:56 (#87906)
                                Has anyone been threathened by groundless lawsuits by Mike Anderer or the companies he controls?

                                If so, they should consider getting together to discover if there's enough solid evidence to start a lawsuit.

                                If a pattern of persistently instigating groundless lawsuits or threathening to file such lawsuits can be proven, a judge and jury needs to hear about this because such behavior is bad for our economy.

                                Are there any other old emails or letters from Mike Anderer that might interest the authorities or law firms willing to work on contingency?

                                Are there any startups or small businesses or entrepenuers that got the shaft from Mike Anderer and would like to discover if they're not alone?

                                Now is the time to unite and speak up!

                                  Lots more? (Score:1)
                                  I found it interesting that he said there would be lots more lawsuits from Microsoft to come.... hmmm.....
                                  Houseware Reviews [housewarereviews.com] Cool stuff for your home.
                                    Understanding of copyrights (Score:0)
                                    By Anonymous Reader on 2004.03.13 11:28 (#87913)
                                    I think it's great that this guy came forward, but frankly I would have thought that someone as involved in copyright and patent licensing as he claims to be would know a bit more about the ins and outs of copyright law, particularly as it pertains to Linux and other GPL-licensed software. Consider this:


                                    I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain.


                                    This shows a serious lack of understanding. IBM, Sun and many other large contributors to the kernel have a lot of power in the industry, and they each own copyrights over the parts of the Linux kernel that they contributed. But they don't own Linux as a whole: each of them owns pieces of Linux, but the code surrounding what they contributed is licensed to them. The license is the GPL, which does not allow them to re-use the code under a license other than the GPL. So in theory Sun (or one of the others) could take code they contributed to Linux and put it in the public domain, but they couldn't touch the surrounding code, nor revoke the GPL-granted rights of people who licensed the code as it exists in the kernel.

                                    The idea of Linux going into the public domain is wishful thinking that we've heard a few times from people in the industry. They need to get over it, because it's highly unlikely. They also would benefit from learning a bit more about how these collaborative uses of copyright work. Contrary to Mr. Anderer's comments, the economic model of the GPL has actually been thought out in great depth: there is little room for the licensing models employed in the past by priprietary software vendors, but this is intentional and not in need of fixing.

                                    Evil (Score:0)
                                    By Anonymous Reader on 2004.03.13 11:29 (#87914)
                                    This man is just another evil lawyer. Patents should be abolished and software should be free.

                                    No company should be permitted to collect money for software and all software should come with its source code.

                                    These lawyers and companies are sick and this guy is just working for the man.
                                      Who wants to do business with Utah? (Score:0)
                                      By Anonymous Reader on 2004.03.13 12:13 (#87922)
                                      Even Novell has moved to Massachusetts.

                                      This is how bad it is.. in a state with a population of about 2.2 million 200,000 people live below the poverty line and 400,000 people can't afford the average rent on a two bedroom apartment.

                                      All this in a state which is number four in the nation for per capita millionaires.

                                      Keep that money coming in Darl.
                                        Why did he agree to this interview? (Score:0)
                                        By Anonymous Reader on 2004.03.13 13:28 (#87928)
                                        I can't figure out why Mr. Anderer wanted to do this interview, unless he figured that a bit more fame would help his career or was concerned that his character was being smeared without anyone to stop the attacks.

                                        As others have pointed out, his response really does not contain anything particularly meaningful, though it is a nice change from the predictable streams of unfounded accusations coming from Mr. McBride. It is sympathetic, and tries to emphasize the parallels in his own view and those of the OSS community. He may just not want to be caught in the middle of all this, and would rather be seen as a neutral figure than "one of those SCO litigous bastards".

                                        Unfortunately, the Slashdot link to this story implies that there is more substance here. The Slashdot story is quite misleading.

                                        I do find it somewhat interesting that if Mr. Anderer is really being sincere, it seems likely that the business side of the folks involved really do expect a massive change. They (SCO/Microsoft) do not expect open source to fizzle or just go away, and expect to need to adapt.
                                        This is Bollocks (Score:0)
                                        By Anonymous Reader on 2004.03.13 13:36 (#87929)
                                        Since the GPL type license agreements push the liability to the users, who do you go after?

                                        This is something straight out of a Microsoft PR person's mouth. Any license, Microsoft's EULAs - anybody - push all of the responsibility to the user. There is no indemnification at all - anywhere.

                                        I advise everybody to ditch what this guy says in the future, because I get the impression that he is a smoke-screen. Keep the focus.
                                        (1) | 2 (NewsForge Overload: CommentLimit 50)
                                        Advertisement

                                        © Copyright 2005 - OSTG, Inc., All Rights Reserved
                                        About NewsForge  •  Privacy Statement  •  Terms of Use  •  Advertise  •  Contact Us
                                        Linux.com--Linux news, downloads and product reviews.
                                        Add our feed to your site