[HN Gopher] The SCO lawsuit, 20 years later
       ___________________________________________________________________
        
       The SCO lawsuit, 20 years later
        
       Author : chmaynard
       Score  : 188 points
       Date   : 2023-03-03 17:10 UTC (5 hours ago)
        
 (HTM) web link (lwn.net)
 (TXT) w3m dump (lwn.net)
        
       | AnimalMuppet wrote:
       | I missed the SCO v. Novell verdict by 5 minutes. Got a heads-up
       | phone call from a Groklaw contact and ran for my car, but didn't
       | quite make it.
        
       | taftster wrote:
       | This is a hilarious quote, in the article, attributed to Linus,
       | related to the concept of source code pedigree and the developer
       | certification of origin for any contribution.
       | 
       |  _> For example, in the case of  "ctype.h", what made it so clear
       | that it was original work was the horrible bugs it contained
       | originally, and since we obviously don't do bugs any more
       | (right?), we should probably plan on having other ways to
       | document the origin of the code._
       | 
       | The concept that bugs would prove the origin makes me giggle.
       | Because yes, if the code was stolen, it would have been stolen
       | without the bugs included.
        
         | bobthepanda wrote:
         | Well, mapmakers often sneak errors here and there to catch
         | plagiarists. https://en.m.wikipedia.org/wiki/Phantom_settlement
        
       | snowwrestler wrote:
       | One of the weird side stories from the SCO saga was that of Dan
       | Lyons, who at the time was a reporter with a little cottage
       | industry in stories praising the work of SCO and predicting IBM's
       | imminent loss and comeuppance for all the Linux neck beards.
       | 
       | It later turned out he was also behind the briefly-popular "Fake
       | Steve Jobs" blog, and on the strength of that reputation he left
       | journalism to go into tech company marketing, with a brief side
       | job writing for the show _Silicon Valley_.
        
         | burnte wrote:
         | He DID admit he was completely wrong with his predictions, so
         | it's not like he was a blind cheerleader.
        
       | ivzhh wrote:
       | Providing legal protection for lawsuits can be a lucrative
       | business. However, I'm not aware of any BSD-based companies that
       | have capitalized on this opportunity. Are there any untold
       | stories?
        
       | matrix12 wrote:
       | During project Monterey I had to setup all of the services that
       | allowed SCO/IBM/Sequent on the IGS/IBM side. A few short years
       | later I was tasked with pulling all of the IBM AIX design docs
       | and source code for discovery going back to the beginning.
       | 
       | One has to recall that what sued IBM was the Ray Noorda Canopy
       | Group. Aka Caldera. Which also levied lawsuits against Microsoft.
       | Far from the ocean view of Santa Cruz.
        
       | ginko wrote:
       | >Microsoft, which had not yet learned to love Linux, funded SCO
       | and loudly bought licenses from the company.
       | 
       | I'm disappointed LWN would blindly rehash the "MS loves Linux"
       | propaganda like this. Microsoft still doesn't love Linux. Their
       | whole business model is still based on proprietary software.
        
       | jasoneckert wrote:
       | One thing that the author of this article left out is that SCO
       | was not SCO during this dark period of litigation.
       | 
       | SCO (Santa Cruz Operation) was an x86 UNIX vendor that wasn't
       | great, but enjoyed a lot of market share. I'd estimate they were
       | #2 to SUN in installations because it ran on commodity x86
       | hardware. But by the late 1990s, they knew their time was up
       | given the pressure from Linux. When the company was sold to
       | Caldera in Utah, very few original SCO people stayed, and those
       | that did left quickly because Ransom Love (yes, that was his
       | name) made it very clear the Caldera culture was not the old SCO
       | culture, and that you'd have to relocate to Utah.
       | 
       | Following this, Caldera rebranded themselves back to SCO (The SCO
       | Group) in an effort to convince people they were the same
       | company. After all, they needed all the help they could get.
       | 
       | So, essentially, litigation SCO was not the original SCO. And in
       | many ways, litigation SCO tarnished whatever respect the original
       | SCO had.
        
         | AnimalMuppet wrote:
         | And litigation-SCO deliberately tried to confound the two, so
         | that people assumed that litigation-SCO had all the IP rights
         | that original-SCO once had. They didn't, though, as the court
         | case showed.
        
         | grahamm wrote:
         | Yes the days of SCOC were great but the days of SCOX were dark.
         | I left just before the Caldera take over.
        
         | ghaff wrote:
         | >But by the late 1990s, they knew their time was up given the
         | pressure from Linux.
         | 
         | They were savaged by Windows NT before Linux became an
         | appreciable factor. Which was one of the main arguments against
         | Linux causing faux-SCO (as an industry colleague of mine liked
         | to refer to them as) economic harm even if their claims were
         | true--which they weren't.
         | 
         | But also, yeah, charting the corporate identities through that
         | period was hard to keep straight. There was also a branch of
         | Santa Cruz desktop products that ended up with Sun.
        
         | rascul wrote:
         | Caldera even had a Linux distro for a time, before the lawsuit.
         | 
         | https://en.wikipedia.org/wiki/Caldera_OpenLinux
        
       | gemstones wrote:
       | I hadn't heard of Darl McBride (CEO of SCO) and I looked at his
       | LinkedIn; this is his side of the story from his time at SCO, as
       | he puts in in his work experience section. I found it super
       | interesting.                 All of my work experience before and
       | after SCO was of the startup/entrepreneurial variety. Fun stuff,
       | new, exciting and positive. Then some former colleagues on the
       | board of SCO (previously Caldera) convinced me to come in and try
       | and turn around a company that had fallen from a billion dollar
       | valuation down to a measly six million. They only had $8 million
       | of cash and they were burning $4 million per quarter so I
       | basically had 6 months to complete the turnaround.
       | What they didn't tell me was the company was in a dispute with
       | IBM over disputed UNIX software code. This led to us filing a
       | lawsuit against IBM, retaining David Boies to represent us,
       | raising $76M to fight the battle, seeing our stock go from $0.66
       | per share to $22 per share, then falling back down to pennies per
       | share after losing an important trial.             IBM teamed up
       | with Linux programmers worldwide to go against me and I showed up
       | on the cover of Fortune Magazine as "Corporate Enemy Number One".
       | Hey, at least you can say that I was number one at something huh?
       | I was as popular in the tech industry as Donald Trump hanging out
       | at an Oscars after party with a bunch of Hollywooders.
       | The legal battle is not actually over, 15 years later, the case
       | is in review at the 10th circuit court of appeals in Denver.
       | Silver Lining: While the courtroom battles were raging, we
       | started a mobile apps business that I later bought out of SCO
       | with some friends. That is where Shout came from. Back to the
       | worlds I know and love - tech startup tied to sports and
       | entertainment.
        
         | quags wrote:
         | http://www.groklaw.net/pdf/IBM-835-Exhibit_224.pdf follows a
         | good explaination of sco's tactics at the time. During the
         | lawsuit a dedicated server company rackshack (later ev1
         | servers) bought a license for all their users between.
         | According to the owner Robert Marsh later in the trial, he felt
         | in the end SCO was misleading and provided false information.
        
         | ianbicking wrote:
         | If the stock went so low, couldn't IBM or whoever just buy SCO?
         | Or were not there not a controlling number of shares available?
        
           | hoherd wrote:
           | The LWN article discusses this point:
           | 
           | > it was widely assumed at the time that SCO's real objective
           | was to prod IBM into acquiring the company. That would have
           | solved SCO's ongoing business problems and IBM, for rather
           | less than the amount demanded in court, could have made an
           | annoying problem go away and also lay claim to the ownership
           | of Unix -- and, thus, Linux. ...
           | 
           | > IBM, though, refused to play that game; the company had
           | invested heavily into Linux in its early days and was
           | uninterested in allowing any sort of intellectual-property
           | taint to attach to that effort.
        
             | snapetom wrote:
             | I shit on a lot that IBM does, but at the end of the day, I
             | will always give them respect for what they did against
             | SCO. If they rolled over, that would have given validity to
             | SCO's claims and who knows where Linux would be today.
        
           | chubot wrote:
           | If you can win, why set that precedent? The negative result
           | for SCO is very useful to the rest of society.
        
         | bitcharmer wrote:
         | His personal website contains gems like this one:
         | 
         | > "Darl McBride will be remembered as one who fought for the
         | rights of the individual against tyranny, for freedom against
         | slavery, for intellectual liberty against herd mentality. In
         | short, he is a Howard Roark (Ayn Rand's protagonist in 'The
         | Fountainhead') for our age."
         | 
         | > Francis Erdman, Blog Kinetic
         | 
         | And other heavily narcissistic quotes. Not surprising that he
         | saw nothing wrong in appropriating other people's voluntary
         | work and calling them long haired stinkies at the same time.
         | 
         | What a fellow :)
        
         | sjm wrote:
         | And today he's a Marjorie Taylor Green-retweeting bankrupt
         | conspiracy theorist. Funnily enough his personal website
         | <title> is "Billionaire Cheat Codes"
        
         | morelisp wrote:
         | IDK, if I was put in charge of a company losing money like
         | crazy and was genuinely trying to turn it around, my first
         | thought would not be "oh, let's hire David Boies".
        
           | hristov wrote:
           | I know! For HN readers not familiar with the legal industry,
           | Boies was considered the superstar of the legal world at the
           | time and was well known to demand $50 million retainers.
        
           | FloayYerBoat wrote:
           | ...and he's the (real) bad guy in the Theranos story. [Bad
           | Blood, by John Carrerou]
        
           | kjs3 wrote:
           | As I recall, Microsoft put up a ton of money to fund the SCO
           | lawsuit. They didn't hire Boies out of Unix profits.
        
             | morelisp wrote:
             | My point isn't that McBride was doing something financially
             | irresponsible, my point is that _he's obviously lying_.
        
               | Linosaurus wrote:
               | He's technically only claiming that turning the company
               | around was his job description when recruited. Is that
               | this was a lie told to him.
        
               | morelisp wrote:
               | Even if he's getting fed nothing but lies by someone else
               | about how IBM really did steal their source code and
               | winning this is in the bag and will totally turn the
               | company around, and somehow has no ability to discern the
               | truth himself, you still don't hire David Boies to deal
               | with that.
        
               | kjs3 wrote:
               | You've decided to throw down with IBM with a lawsuit that
               | could result in _billions_ in damages. You 've convinced
               | yourself you're going to win, lies or no. Microsoft is
               | shoveling money at you to do it. And......you _aren 't_
               | going to go hire a gold-plated superstar litigator, the
               | guy whose already spanked Microsoft in court, "to deal
               | with that"?
               | 
               | With all due respect...the hell you aren't.
        
               | morelisp wrote:
               | > gold-plated
               | 
               | In 2003? Boies was probably best known for losing one of
               | the most watched court cases in American history.
               | 
               | He's a great choice... if you want an savvy operator with
               | a weak moral compass to pump your stock. Not so much if
               | you want to win because you believe the company is in the
               | right and has a promising future. (He might do that too,
               | but no better than dozens of other effective lawyers.)
        
       | kanzenryu2 wrote:
       | Anybody know anything about the part where SCO actually won? I'm
       | referring to the final event years later where IBM made a
       | settlement payment to them. I assume it didn't make up for the
       | years of effort, but I'd love to know what it was based on.
        
         | AnimalMuppet wrote:
         | I _think_ it was based on claims from the Project Monterrey
         | contract. In fact, I think it kind of had to be - there weren
         | 't any other claims that were still active in the case, IIRC.
        
       | CraigRo wrote:
       | I would love to get a signed picture of Darl McBride for my
       | bathroom. Because he paid for it. I heard about this lawsuit,
       | called up a couple of IP lawyers, talked to a bunch of
       | programmers, and read everything on groklaw. I called both
       | analysts who covered the stock -- one had a price target of $5,
       | while the other had a price target of $45 (stock was about 20 at
       | the time). Then I shorted it with most of the money I had. It
       | went down and I used the equity to short even more of it. In
       | retrospect, the analysis was correct (i.e. don't sue a company
       | that has more lawyers than you have employees without a good
       | case), but the level of risk I took was insane, and it kept me up
       | late at night for a long time.
        
         | dekhn wrote:
         | OK, that beats my "I made $25,000 on the VA Linux IPO simply
         | because I was an early sourceforge user and got invited to the
         | friends and family program".
        
           | jedberg wrote:
           | I had a buddy in college who made $25K on the VA Linux IPO
           | for the same reason. He used it to pay for a used car and a
           | couple year's tuition. Good times.
        
       | criddell wrote:
       | I wonder if anybody here can correct my memory.
       | 
       | When Microsoft sold Xenix to SCO, I seem to recall that part of
       | the deal was Microsoft agreeing to not compete in the Unix
       | market. Today, Microsoft is embracing Linux with their WSL stuff
       | and that certainly impacts the Unix market.
       | 
       | Maybe the 1997 agreement between the two companies ended
       | Microsoft's exile from Unix-land or maybe when Caldera bought
       | SCO's Unix business the Microsoft agreement didn't transfer?
       | 
       | And I realize that, unlike macOS, Linux isn't Unix but it does
       | compete in that market.
        
         | bitwize wrote:
         | Back in 1999 Microsoft bought Interix, and marketed it as
         | Windows Services for Unix under their own banner. So the
         | agreement was probably non-binding as of 1999 at the latest.
         | 
         | Microsoft just didn't see Unix, and especially Linux, as
         | competition because they felt what they built was better.
         | Interix/SFU was a compatibility path to migrate Unix devs to
         | Windows NT more than anything; it was more like Cygwin than
         | like WSL.
         | 
         | They figured that Linux, and the dirty hippies that built it,
         | would be easily swept away by Microsoft's mighty hand. Only
         | when the Gates-Ballmer dynasty stepped down would the company
         | be convinced otherwise.
        
           | mananaysiempre wrote:
           | Interix/SFU/SUA was only the last pre-Linux iteration of Unix
           | on top of Windows--a POSIX subsystem was included in NT from
           | the beginning, even if it was practically useless to the
           | point of having no network access (I believe early design
           | documentation explicitly says it's there to satisfy
           | government contract requirements).
        
           | ghaff wrote:
           | There was definitely a period in the 90s when a lot of people
           | and companies expected/were resigned to Windows NT completely
           | dominating both the desktop and the server. Even companies
           | like IBM that were probably less convinced had backup plans
           | like Monterey in IBM's case which factored into the SCO
           | lawsuit.
        
             | taftster wrote:
             | And what's interesting, if the SCO lawsuit had gone any
             | other way, Windows NT _would_ probably have ended up
             | completely dominating. Linux wouldn 't be here and probably
             | neither would SCO Linux either. What a dire state that
             | would be.
        
               | ghaff wrote:
               | I'm pretty sure that even if SCO had all the rights to
               | Unix that it thought it did [0], IBM would have found
               | some way to make the problem go away even if involved
               | buying SCO or effectively paying it protection money.
               | Though from what I've seen of SCO's claims (I co-wrote
               | one of the expert witness reports), it's hard for me to
               | imagine they had much of a chance, Boies or no Boies.
               | 
               | [0] Which remains one of the most inexplicable aspects of
               | the whole case to this day whether Novell pulled a fast
               | one and/or SCO's lawyering was just incompetent.
        
               | AnimalMuppet wrote:
               | No, Novell didn't pull a fast one. SCO didn't have the
               | money to buy everything they wanted to buy, so the deal
               | was deliberately structured so that they bought less. At
               | the time, both sides knew it. And then most everybody who
               | knew it left Caldera...
               | 
               | And, mind telling us which expert witness report?
        
               | ghaff wrote:
               | I know that the deal was structured in the way it was
               | because SCO didn't have enough money but I still find it
               | bizarre that they entered a high-profile lawsuit with a
               | fundamental misunderstanding of the cards they held. Did
               | they really think that Cravath Swaine wouldn't notice?
               | 
               | They don't have titles as far as I can see. But basically
               | around Unix history, whether it was reasonable that Linux
               | caused SCO's distress (relative to Windows NT), supposed
               | economic damages, credibility of various claims that
               | weren't thrown out because of actual Unix ownership,
               | Project Monterey, etc. My boss's name is on it so don't
               | want to say more than that.
        
               | taftster wrote:
               | Yes, but honest question, do you really think that if IBM
               | had purchased SCO (and maybe throw Novell in there too)
               | that Linux would have still had any chance? I don't know
               | what the outcome, but I just think there's too many
               | possibilities at that point for Linux to just stay
               | hobbyist without corporate adoption (fearing now IBM
               | licensing/lawyering at that point).
        
               | ghaff wrote:
               | At the time of the SCO lawsuit, IBM had already made a
               | huge bet on Linux. [1] Basically, that's why SCO sued
               | them. And they had their own Unix (AIX) which they could
               | have ported to x86 if they had wanted to--but they
               | didn't.
               | 
               | Here's what the person who headed IBM's Linux initiative
               | told me a couple of years back:
               | 
               | And I still remember very well in December of '99, I
               | called Sam Palmisano, the head of IBM Systems Group. And
               | I said, Sam, the task force recommends that we should
               | embrace Linux. And Sam said, okay, Irving, we will do
               | that. But you have to now come over and run an IBM Linux
               | initiative. And I said to Sam, okay, we were pretty much
               | done with our internet strategy. So I was no longer
               | needed to run the Internet division And I said to Sam,
               | when do you want to announce it? And Sam said, how about
               | now? And I said Sam. It's the Christmas holidays. Maybe
               | we should wait until the new year. And in the second week
               | of January of 2000, we made a major announcement saying
               | that IBM would embrace Linux across all of these
               | offerings. And in fact, later that month in January of
               | 2000, I gave a keynote at LinuxWorld, which was taking
               | place in the Javits Center in New York City, about IBM's
               | Linux initiative.
               | 
               | [1] https://blog.irvingwb.com/blog/2006/01/ibms_linux_ini
               | t.html
        
             | t344344 wrote:
             | To be fair around WinNT 4.0 and Win2k, Microsoft had much
             | better operating system compared to Linux. FreeBSD and
             | Solaris were much better competitors.
        
               | int0x2e wrote:
               | Having worked in a Solaris shop for a while, I still
               | wonder what could have been if Solaris made the decision
               | to open-source about 5-10 years earlier than they did. I
               | think Solaris would have been such a better base for the
               | Linux ecosystem than Linux ever was. Though the licensing
               | issues had to have been resolved for this to work out,
               | and knowing Sun/Oracle - that would never have really
               | worked out...
        
               | oblio wrote:
               | What's-his-name, the Sun CEO, hated both Microsoft and
               | Open Source.
               | 
               | Even when they open sourced Solaris, after he left, they
               | did it as a half-measure with an anti-GPL license and
               | then I think Oracle pulled the plug and doomed Solaris to
               | the dustbin of history.
        
               | ghaff wrote:
               | McNealy was "just" chairman of the board when OpenSolaris
               | was released. Also, I'm not sure it's fair to describe
               | CDDL as anti-GPL unless you think the Mozilla Public
               | License is as well.
               | 
               | That said, it is reasonable to ask whether Solaris should
               | have simply been placed under the GPL or a permissive
               | license.
        
           | dekhn wrote:
           | Side note: I purchased Interix and used it to port a million-
           | line C++/X11/Motif/OpenGL app to windows (successfully,
           | although there wasn't really any demand for the result). Must
           | have been '96 or '97. I didn't find it compelling, and the
           | authors of the code decided to rewrite a new system from
           | scratch, using Python and Tk (along with C++ and OpenGL) to
           | be portable to all the commonly used platforms. That worked
           | on Windows, Linux, IRIX, and later Mac OS X for at least 2
           | decades(!) with very little platform-specific code (except in
           | the Tk dependency). They finally switched to
           | Python/C++/Qt/OpenGL a few years back which I expect will
           | work for another 20 years.
        
           | frandroid wrote:
           | I recall the Halloween memos...
        
         | znpy wrote:
         | Linux is not unix, by the way.
         | 
         | Besides the obvious things (linux is just a kernel), the unix
         | specification has many mandates in terms of API (for
         | compatibility), in terms of behaviour and even in terms of
         | commands and utilities (a specification of a vi editor is also
         | in the unix specification iirc).
         | 
         | So yeah as long ad Microsoft doesn't try and get anything
         | certified as unix, they're fine I guess (but I'm not a lawyer).
         | 
         | Worth noting: mac os is unix (every release gets certified
         | iirc).
        
           | oblio wrote:
           | Amusingly, Microsoft used to sell Xenix, which was a
           | certified Unix IIRC.
           | 
           | That predates the SCO lawsuit by about 2 decades.
        
         | quags wrote:
         | That sounds like Apple agreeing not to go into the music
         | business with their settlement with apple music - and then just
         | doing what they want any way. Microsoft being so large, could
         | just do it and settle later.
        
       | tiffanyh wrote:
       | BSD
       | 
       | BSD's were the worst hurt from all of this. Too many companies
       | scared to use it due to lawsuit.
       | 
       | Really unfortunate in hindsight, and Linux forever benefitted.
        
         | ajross wrote:
         | That causality seems backwards. Linux "benefitted" because it
         | was the target of the lawsuit in the first place, which
         | wouldn't have been aimed at Linux had Linux not already been
         | the market winner. It was the USL v. BSDI lawsuit of a decade
         | earlier (which to be clear absolutely did involve copied Unix
         | code) that effectively killed BSD in the market by holding it
         | back as Linux left the launchpad.
        
           | ghaff wrote:
           | The Linux and BSD cases actually turned out to be pretty
           | similar. There were a handful of cases of literal copying but
           | not to anything close to the degree claimed and pretty much
           | trivial. (And SCO also made all sorts of claims around Linux
           | taking knowledge, including negative know-how, and techniques
           | from Unix that were completely ridiculous.)
        
             | vincent-manis wrote:
             | And, as I recall, there were allegations that some of the
             | AT&T code was actually Berkeley code originally.
        
       | tpmx wrote:
       | This article doesn't give Microsoft enough credit for funding the
       | whole thing.
       | 
       | I was going to write that the Internet remembers, but apparently
       | that has its generational limitations. :(
        
         | sam_lowry_ wrote:
         | It's a friend now, remember?
        
           | [deleted]
        
           | Narishma wrote:
           | With friends like that, who needs enemies?
        
           | hinkley wrote:
           | How's that Chrome download page hijacking thing goin'?
        
           | surfingdino wrote:
           | Sure, we remember...
           | https://www.junauza.com/2011/07/microsoft-fud-campaigns-
           | agai...
        
             | bitwize wrote:
             | Interesting choice of Ballmer as Dr. Evil... I always felt
             | that Bill Gates's speaking voice resembled that of Evil.
        
               | rascul wrote:
               | Ballmer did crusade against Linux for a number of years.
        
         | bombcar wrote:
         | > Microsoft, which had not yet learned to love Linux, funded
         | SCO and loudly bought licenses from the company.
         | 
         | They could go into more detail how SCO vs IBM ended up being a
         | proxy war for larger corporations and interests, but it's a
         | short article and it gets most of the high points.
        
           | tpmx wrote:
           | > but it's a short article and it gets most of the high
           | points.
           | 
           | I disagree. It's a pretty detailed article (~1800 words) and
           | Microsoft's role just gets a passing mention.
        
         | kstrauser wrote:
         | Huh, I'd forgotten about that but you're exactly right.
        
       | heelix wrote:
       | One of my greatest white elephant gifts were SCO stock
       | certificates. Was a real challenge to figure out how to spend
       | $20+ for a bit of paper as they were getting close to delisting.
       | Really wish I had kept one for myself.
       | 
       | Miss groklaw... what a loss when that shut down.
        
       | SirLJ wrote:
       | Wow, thanks for the blast from the past, SCO were my first Unix
       | servers along with IBM AIX ironically, a long time ago in a
       | galaxy far, far away...
        
       | AlbertCory wrote:
       | Here's a choice for you all:
       | 
       | (1) copyright as the IP protection for software, with cleaned up
       | laws and procedures about "insignificant changes" and "derivative
       | works" -- or --
       | 
       | (2) the current patent aystem, post _CLS Bank_ , which has
       | eliminated a lot of business method patents and some, but not
       | all, software patents.
        
         | mikece wrote:
         | Is there anything about Unix -- then or now -- which is
         | unquestionably better than Linux? And if yes, are the Linux
         | versions of the features or capabilities a significant enough
         | constraint to warrant using Unix instead? It seems that certain
         | networking and NAS applications are measurably better on Unix
         | (Netflix is still a big using of FreeBSD caching servers iirc)
         | but can't Linux close the gap?
        
           | PeterWhittaker wrote:
           | Well, that very much depends on the UNIX in question.
           | 
           | If one defines UNIX as POSIX, then, for the most part, or at
           | least a pretty good part, Linux IS UNIX, because Linux
           | implements much of POSIX, and in some cases does it better,
           | e.g., certain functions for which POSIX is quiet or negative
           | about thread safety are thread-safe on Linux, and there are
           | almost always TS versions, e.g., strtok_r.
           | 
           | Outside of POSIX, one has to conside OS specific features,
           | two of which come to mind as superior, though this is a
           | judgement call: Solaris Zones and Mac OS.
           | 
           | I was a Linux desktop user for years, but I found that over
           | time the desktop just started getting in my way (this was
           | tennish years ago, so I am sure things have changed). I'd
           | curse how gnome or KDE had once again broken my UX, then I'd
           | help my wife or daughter with their Macs, enjoy the
           | experience, the curse when I got back to my machine.
           | 
           | One day, after a particularly frustrating battle with
           | whatever desktop I had then (I'd gone from Ubuntu to Mint to
           | Debian to I cannot remember what, trying to find the sweet
           | spot), I cursed, yelled that I would be back in 90 minutes,
           | and bought my first Mac.
           | 
           | They've been a joy to use since. If Apple does something
           | stupid, e.g., stopping at an old, brain dead bash, well,
           | homebrew, et al, to the rescue.
           | 
           | Solaris Zones were wicked. One could get full MAC with
           | labelled networking and restricted root with ease.
           | 
           | It's finally possible to get close to Zones with a mix of
           | capability management, namespace management, SELinux, et al,
           | but not as easily.
           | 
           | So, yeah, there are individual UNIXisms that are better than
           | Linux, but overall, at least on the server side, Linux is
           | UNIX improved.
        
             | lizknope wrote:
             | I've been using XFCE for about 15 years. It feels like
             | nothing has changed during that time and I think that is
             | one of its best features.
        
           | fsckboy wrote:
           | > _Is there anything about Unix -- then or now -- which is
           | unquestionably better than Linux?_
           | 
           | back when, unices were better at real multiuser, while linux
           | was much faster at all sorts of I/O and CPU bound things in
           | the personal-computer, single login context. Like massaging
           | massive amounts text data (which everybody was doing to
           | webify it), linux was blindingly fast, but don't trying to do
           | much else at the same time, it would bring your machine to
           | its knees.
        
           | bombcar wrote:
           | Some Unices come with things that Linux can _technically_ do,
           | but they were built-in, not bolt-on.
           | 
           | ZFS is an example of one that's recognizable, you can bolt it
           | onto linux and it (now) works quite well, but it was
           | integrated much more into Solaris.
           | 
           | There are also Unix platforms that fully support hot-
           | swappable just about everything, which you CAN do with Linux
           | but it's not as simple.
           | 
           | Most of that stuff is gone by the wayside now, Linux is "good
           | enough".
        
             | lonelygirl15a wrote:
             | I seem to recall that Sun put ZFS under a license that has
             | been deemed incompatible with the GPL by pretty much
             | everyone except Canonical, and so that it can't be
             | integrated with the kernel but must remain a "bolt-on" for
             | legal reasons.
             | 
             | It won't surprise me if one of these days Oracle decides
             | that Canonical is a ripe lawsuit target over ZFS.
        
               | ghaff wrote:
               | Why would they if they haven't already? It's not like
               | Canonical has a lot of money. But, yes, anyone else who
               | Oracle might actually elect to sue won't go anywhere near
               | ZFS.
        
               | bombcar wrote:
               | Likely because they want to keep that powder dry until
               | someone with deep pockets gets involved, Microsoft, or
               | IBM or someone.
               | 
               | Because there's a moderate change that it goes against
               | them.
        
               | ghaff wrote:
               | Btrfs has also been improving. Certainly not for all use
               | cases but it's the default for desktop Fedora now and
               | some Synology NASs use it, among others.
        
               | bombcar wrote:
               | On one hand ZFS has held down btrfs because "why bother"
               | when you already have something that does much of what
               | you want, but on the other hand it shows what can be
               | done.
               | 
               | I hope btrfs becomes quite stable and usable.
        
               | bombcar wrote:
               | Yeah, but even if bolt it on (which Ubuntu does for you,
               | any other distro it's easy to do) it's still a "bolt-on"
               | that doesn't integrate as fully as it could if it were
               | _the_ native filesystem, allowing full system rollback,
               | snapshotting, boot management, etc.
               | 
               | It's similar to the "polish" available on macOS or
               | Windows, Linux has all the pieces but you have to
               | assemble them yourselves, even today.
        
           | AlbertCory wrote:
           | interesting but not what I asked
        
             | simonh wrote:
             | It's a heady picture because there were many Unixes. Most
             | were me-to and fairly generic for the most part, but some
             | had novel capabilities in specific areas. IRIX for
             | graphics, Solaris for Zones and ZFS, but none of them had
             | everything. Often what was special was down to proprietary
             | hardware.
        
         | ok_dad wrote:
         | Whatever choice "zero patents for software" is. Already, no one
         | shares their code, which would be in the spirit of the patent
         | system. The patent system is designed to keep the design
         | details open and public, but gives a legal monopoly to the
         | holder of the patent. Currently, companies can write software
         | implementations that are completely closed and secret, but
         | still hold a patent for whatever the "thing" that algorithm
         | does. Clicking one button to check out? Patented, and I still
         | don't know what the detailed code implementation looks like
         | from Amazon. The patent itself only shows the most simple,
         | rudimentary steps as block diagrams. The most open software we
         | have is that which is unencumbered by patents!
        
           | AlbertCory wrote:
           | This is actually the topic of the first of (planned) four
           | posts on software. For you lawyers, it's section 112.
        
         | JohnFen wrote:
         | > with cleaned up laws
         | 
         | Which one I'd pick depends a whole lot on what those "cleaned
         | up" laws consist of. But generally, this looks like an exercise
         | in determining which is the lesser evil.
        
           | AlbertCory wrote:
           | "No IP protection for software at all" is your position,
           | then?
        
             | JohnFen wrote:
             | No, that's not my position.
             | 
             | Given the legal frameworks we have available, copyright is
             | the right direction, IMO. Patents seem entirely
             | inappropriate.
             | 
             | But US copyright law is a royal mess and is not really a
             | great tool. It needs to be reformed -- but as the last
             | copyright reform demonstrated, not all reform is an
             | improvement, so my position is that ultimately where I'd
             | fall between those two choices depends on what, exactly,
             | copyright laws look like.
        
             | ghaff wrote:
             | For proprietary software you could have licenses. In fact,
             | the reason that IBM first licensed some of its software for
             | the IBM/360 was that it was unclear at the time whether
             | software could be copyrighted.
             | 
             | However, absent copyright, it would probably be impossible
             | (IANAL but have talked to lawyers about these topics) to
             | enforce any usage provisions on open source software where
             | you haven't explicitly agreed to a license. (Open source
             | licenses basically give you rights that you wouldn't
             | otherwise have under copyright law.)
        
               | AlbertCory wrote:
               | See above comment: the question is not "what does
               | copyright law say _now_? " but "is some variation of that
               | appropriate as a replacement for patents?"
               | 
               | In other words, all options are on the table. We're
               | assuming that Congress does its job, for once, and being
               | that they're politicians, they do sometimes respond to
               | public pressure.
        
               | ghaff wrote:
               | Well, it's not just Congress. There's the Berne
               | Convention which, with minor variances, governs copyright
               | in most of the world. The US can do whatever it wants I
               | suppose but it's not as simple as Congress saying: We're
               | going to do our own thing. Who cares about Europe etc.?
        
               | AlbertCory wrote:
               | I'm not familiar with that.
               | 
               | Congress passed the Sonny Bono Disney Protection Act
               | (being facetious here). Was that before the Convention
               | was signed?
        
               | ghaff wrote:
               | I am not a copyright law expert. But the Berne Convention
               | originally dates to 1886.
               | 
               | There is apparently some flexibility within the Berne
               | Convention on copyright terms. There are also limitations
               | on public domain works in continental Europe that differ
               | from common law countries like the US. However, it does
               | govern copyright in broad strokes. For example, the US
               | used to require that a creator explicitly assert
               | copyright while most of the rest of the world did not.
               | 
               | In any case, the US is generally aligned with copyright
               | in most of the rest of the world. So any broad change in
               | copyright law (other than perhaps somewhat shortening
               | terms) would make it an outlier.
        
             | BeFlatXIII wrote:
             | Information deserves to be free.
        
         | nordsieck wrote:
         | > (1) copyright as the IP protection for software, with cleaned
         | up laws and procedures about "insignificant changes" and
         | "derivative works" -- or --
         | 
         | I'd go with this. But ideally with a 10-20 year limit on
         | copyright[1].
         | 
         | I do think that there are some software patents (RSA, for
         | example) that seem worthwhile. But the system as a whole seems
         | like it does more harm than good.
         | 
         | ---
         | 
         | 1. My ideal proposal for copyright is exponentially increasing
         | fees (after a short initial grace period) for a linearly
         | increasing time period. But that seems like several bridges too
         | far.
        
           | B1FF_PSUVM wrote:
           | IP paying property taxes would be nice. Could even let owners
           | set the value, if it were coupled to licensing fees etc.
        
             | AlbertCory wrote:
             | Note that there _are_ maintenance fees for patents, which
             | are non-trivial.
             | 
             | they're every 4 years, though.
        
           | AlbertCory wrote:
           | thanks.
           | 
           | please note that whatever a lawyer says about copyright law
           | _now_ is usually limited to what the courts have said plus
           | the latest statutes and what judges are likely to rule.
           | 
           | The topic for today is harder: it's what _should_ copyright
           | law for software say? We 're assuming that Congress does its
           | job for once. The lawyers will never do it.
           | 
           | Don't like it that Disney had a forever copyright on Mickey
           | Mouse? Me neither, but that's because copyright law is one-
           | size-fits-all. The proposal is a carve-out where software law
           | is different than literary.
           | 
           | So property taxes or shorter terms are definitely on point.
           | "Which Unix is better" is not.
        
       | jedberg wrote:
       | I had to deal with fallout from this. At the time I worked at
       | eBay, and were not allowed to use any OS except Windows or RedHat
       | Linux. The reason we had to use RedHat? Because we had a paid
       | license from them that included them absorbing all liability from
       | IP claims regarding Linux.
       | 
       | But if anyone was around then, you'd probably remember that
       | RedHat was one of the worse distros of linux at the time. So we
       | were forced to use an inferior product because it came with IP
       | indemnity. Thanks SCO!
        
         | ajross wrote:
         | > But if anyone was around then, you'd probably remember that
         | RedHat was one of the worse distros of linux at the time.
         | 
         | There's no better microcosm of the early Linux world than this.
         | "Yeah, that giant market-driving lawsuit was bad, I was there
         | too and suffered along with the rest of you. But that's not the
         | important thing: let me tell you about how bad RPM is compared
         | to DPKG! Did you know the underlying archive format was cpio?
         | CPIO!"
         | 
         | That's not intended to be too much of a barb (I was a Debian
         | nut too, FWIW), but really, all that stuff seems pretty silly
         | in hindsight.
        
           | chungy wrote:
           | > Did you know the underlying archive format was cpio? CPIO!
           | 
           | And what's wrong with that? deb's underlying format is ar,
           | which is basically the same class of simple archives that
           | cpio is.
           | 
           | It solves the problem with two nice benefits:
           | 
           | 1. You're not reinventing an archive format, the existing
           | ones are perfectly adequate.
           | 
           | 2. If your system is borked enough that you don't even have a
           | working package manager, you can manually extract your
           | package manager from a package file with nothing more than
           | the cpio or ar programs.
        
           | biorach wrote:
           | > me tell you about how bad RPM is compared to DPKG!
           | 
           | I'm pretty sure the person you're replying to was taking
           | about the distro as a whole, not the package file format
        
             | jacobr1 wrote:
             | Yes, but the arguments of that era always seemed to revolve
             | around minutiae like the package manager, or default
             | filesysem, or choice of default desktop.
        
               | realitychex wrote:
               | You're being dismissive of issues that were far bigger
               | than you make them look.
               | 
               | >like the package manager
               | 
               | It wasn't about, for example, dpkg vs rpm, but apt-get
               | versus.. nothing, because Red Hat had nothing to solve
               | dependencies. Installing software on Red Hat was a truly
               | hellish experience.
               | 
               | >default filesysem
               | 
               | I have never in my life seen people dismiss a distro
               | because of a default filesystem. I question whether
               | you've truly experienced the early days of Red Hat.
               | 
               | They shipped broken development snapshots of GCC that led
               | to serious compatibility issues :
               | 
               | https://linux.slashdot.org/story/00/10/07/0027218/gccs-
               | respo...
               | 
               | They employed one of the most abrasive and divisive
               | personality to helm the development of the libc :
               | 
               | https://news.ycombinator.com/item?id=2380062
               | 
               | They were one of the most barebones distro in terms of
               | tooling to configure and manage them. Debian was more
               | fully featured on the terminal tooling front, while
               | Mandrake and SUSE had a lot of GUI wizards for people
               | more used to the Windows ways.
               | 
               | Even much later in the Fedora days, when Kernel developer
               | Alanx Cox questions the sanity of releasing a completely
               | broken distro (version 18 of Fedora) this is what they
               | had to answer :
               | 
               | >So yeah: in case you didn't get the memo, F18 has a new
               | installer and a new upgrade tool. They are both v1.0s. As
               | in the case of all v1.0s, you may want to exercise some
               | frickin' caution. If you want a Fedora release whose
               | installer and upgrade tools were stabilized over a period
               | of several years and 20+ releases, Fedora 17 is right in
               | the torrent list
               | 
               | Uh, like.. okay? but maybe don't release it, until, you
               | know, it's not garbage?
               | 
               | And then there's the whole thing with what Red Had did to
               | take over the whole userland desktop stack with systemd,
               | logind, dbus, pulseaudio, wayland.. all of which caused
               | more issues than they ever solved. You still can't make
               | software like autohotkey on wayland. All those pieces of
               | software are heavily interconnected with each other
               | making it less and less tenable to maintain a distro that
               | doesn't package them.
               | 
               | There are many, many reasons to be soured with what Red
               | Hat contributed to linux.
        
               | ajross wrote:
               | > You're being dismissive of issues that were far bigger
               | than you make them look.
               | 
               | You whooshed on the humor above, so I should spell it
               | out. The point is exactly the opposite. This focus on
               | tribal distro warfare obscures the objectively much more
               | important threat posed by this lawsuit to the entire
               | ecosystem.
               | 
               | I mean, no, you're simply wrong. SCO was a far, far, far
               | larger threat to the Linux world than the fact that Red
               | Hat inexplicably dragged their feet shipping yum on their
               | enterprise distro.
               | 
               | And it's important, as a matter of history, to remember
               | that period and the players and the resulting and
               | continuing effects on our culture. While on the flip
               | side, no one cares (or rather: no one should care) about
               | the lessons of apt vs. yum, all of which have been
               | recapitulated a thousand times since. Let it go.
        
               | morelisp wrote:
               | > It wasn't about, for example, dpkg vs rpm
               | 
               | No, it totally was. APT vs. nothing was a big deal, but
               | RPM per se had a lot of mistakes. Debian also had
               | massively better standard tooling around conffiles,
               | diversions, alternatives, etc. They also had publicly-
               | published packaging standards so even out-of-distro debs
               | were often pretty good, while third-party RPMs were a
               | garbage fire.
        
               | biorach wrote:
               | Nah, RH was very much it's own little world. Many of us
               | were forced to use it because they offered a package
               | (indemnification, support) that appealed to the bean
               | counters and lawyers. For a few years they patched
               | _everything_ that mattered (compilers, kernel, core
               | libraries) to a massive extent in an attempt to
               | differentiate and to give the appearence of adding value.
               | I don't have fond memories.
        
         | jasoneckert wrote:
         | While I agree that the SCO FUD surrounding Linux was real at
         | that time (we all felt it), Red Hat was one of the most
         | respected, functional, and widely-implemented distributions for
         | the entire time SCO was in the news headlines.
        
         | dmitryminkovsky wrote:
         | What were the best distros then?
        
           | dwater wrote:
           | When I was a CS major in 1999-2003, the big names I remember
           | people using were RedHat, SUSE, Debian, and Mandrake was
           | gaining market share for desktop use. The installfests I went
           | to were all RedHat. There seem to be a lot of complaints here
           | about RedHat after that era, but my memory is that RedHat was
           | the main linux distro circa 2003.
        
         | cheekibreeki2 wrote:
         | Rh 4.2 ran half the planet, where are you getting this from?
        
           | MereInterest wrote:
           | My main experience with RedHat has been needing to bend over
           | backwards to support its wildly outdated library versions.
           | Because RedHat "supports" operating systems for about a
           | decade, there's always an argument that a library should be
           | written to support whatever toolchain is provided by the
           | oldest supported RHEL version.
           | 
           | RHEL's "support" should be seen as "your software will
           | continue to run unmodified when on this system", but is
           | frequently interpreted as "this is a sane platform for
           | current development".
        
             | surge wrote:
             | Current development was better done on Fedora, the upstream
             | of RHEL, I think they were pretty clear that's what it was
             | for. RHEL was for when you needed everything to work no
             | matter what. Fedora was for new development and latest and
             | greatest.
        
               | MereInterest wrote:
               | The problem with needing "everything to work no matter
               | what" is that it just doesn't exist. The type of
               | stability that RHEL provides is conditional on never
               | using third-party libraries. RHEL backpoets security
               | fixes to packages that it provides, but you're on your
               | own for anything else. For example, RHEL 7 was released
               | in 2014, has production support for another year, and
               | extended support until 2026. As libraries are requiring
               | C++17 support today, maintaining compatibility with stock
               | RHEL 7 requires running older versions of a library.
        
             | oblio wrote:
             | They're talking about stuff that predates RHEL by half a
             | decade.
        
               | MereInterest wrote:
               | True, more adding it as agreement on RedHat being
               | consistently and intentionally behind the curve.
        
           | jedberg wrote:
           | From my experience as a Linux sysadmin? RedHat ran half the
           | planet because they had the best sales force and legal team
           | (as exhibited by my example), but they did not have the best
           | technology.
        
             | Postosuchus wrote:
             | Wrong. Two reasons actually:
             | 
             | 1. RHEL was the first distro directed at enterprise
             | deployment (meaning, strong preference of rock solid
             | stability and predictability over constant churn). Which
             | made it the only distro Dells and HPs of the world
             | recognized and agreed to support.
             | 
             | 2. RHEL was created on legacy of RedHat Linux, which was
             | the best distro for non-hobbyist environments (from
             | reproducible deployments to the breadth of packages
             | available) - since 3.0.3 onwards. RedHat JUST. WORKED.
        
               | hackmiester wrote:
               | I don't think "Wrong" is a very interesting, helpful, or
               | productive response to someone's lived experience.
        
               | mmcgaha wrote:
               | I don't think we should criticize someone's word choice
               | without knowing their culture and understanding their
               | intersectional identity.
        
               | flextheruler wrote:
               | Are you stating that someone's identity is an excuse for
               | them being disagreeable
        
             | bartchamdo wrote:
             | It looks like RHEL zealots never die from the other
             | people's comments. RHEL had plenty of problems just like
             | all the other OSes and distros.
        
               | [deleted]
        
               | surge wrote:
               | I think you're romanticizing it. Until RHEL and LTS
               | releases for Debian/Ubuntu, most distros you never knew
               | if running and update was going to break something
               | because there simply wasn't effective quality control
               | testing in the hobbyist distros. Best you could do was
               | run a version behind, but that hurt if you needed
               | security updates.
               | 
               | There were plenty of people and small highly
               | knowledgeable shops and academics that thought 6 hours
               | fixing a bug after custom compiling a patch was fine and
               | normal (and a RHEL subscription at least meant RedHat
               | would have a team doing that part for you if absolutely
               | necessary), but its not the way companies operated. RHEL
               | at least meant whatever release was stable and an actual
               | QA team put patches through their paces on various
               | hardware and configurations (especially those enterprise
               | high end server configs with special SCSI/RAID
               | controllers, high end network cards, and other chipset
               | other distros simply didn't have the means to test on).
               | The QA/support team wasn't bug reports and guys on usenet
               | going "it works for me, you should have gotten the exact
               | same hardware I have, or be willing to go through the
               | code and figure it out and patch it, and submit it to the
               | source, like a good user should". Or tell you go back to
               | Micro$oft if you want support for your storage controller
               | that the kernel module for worked fine in the last
               | version. Those were the zealots, the rest were sys admins
               | with too much other things on their hands to do than deal
               | with Slackware or whatever the hot distro was on
               | distrowatch.
        
           | hinkley wrote:
           | Windows ran half the planet, where are you getting this from?
        
             | elromulous wrote:
             | These statements are not mutually exclusive. Math checks
             | out :)
        
               | hinkley wrote:
               | Only if MS and RH were the only thing that existed 20
               | years ago, which we know is false. Sun Microsystems, for
               | one. Debian for another.
               | 
               | And the thing is I was being conservative about MS
               | running half the planet. They had their grubby hooks in
               | everything.
        
               | elromulous wrote:
               | For sure. My comment was in jest.
        
           | vondur wrote:
           | This was pre DNF/YUM days. RedHat could be a pain installing
           | stuff from RPM's that had crazy dependencies back in the day.
        
             | ape4 wrote:
             | up2date was before then
        
             | emilsedgh wrote:
             | First time I installed Linux, I was trying to Gaim on it.
             | 
             | I managed to compile Gaim before I managed to install it
             | from RPM packages.
             | 
             | Using Debian was a moment of pure epiphany.
             | 
             | Good times.
        
             | quags wrote:
             | Dependency hell was a thing for sure. I had at the time
             | made a script to easily install rpm's at with a shell
             | script that was searching the mirrors. It didn't handle
             | dependencies but would show what was missing. But so many
             | years later now looking back, a big issue was really just a
             | lack of understanding of rpms with all the other os's with
             | rpms, different arcs and versions. yum was a welcome
             | changed especially since apt had for so long solved
             | dependency issues.
        
           | nix23 wrote:
           | That was Debian and FreeBSD not RH.
        
         | dekhn wrote:
         | There were several good versions of Red Hat (IIRC 7.3 was
         | pretty good) and then RH9 had NPTL but unfortunately was
         | incompatible with the rest of the world (very custom kernel,
         | userspace, compiler). IIRC the egcs included in that led to all
         | sorts of interesting outcomes.
        
           | bitcharmer wrote:
           | I'm confused. RH9 is the latest release, how is it custom?
           | What are you referring to exactly?
        
             | dekhn wrote:
             | Red Hat 9- https://en.wikipedia.org/wiki/Red_Hat_Linux was
             | in 2003. I may be misremembering some details since I
             | thought RH9 brought in egcs but it was 7.3 that did that.
        
             | surge wrote:
             | RH 9 is different than RHEL 9.
             | 
             | Just like Windows 11 is different from Windows 98 (98
             | doesn't mean it's newer).
             | 
             | They went through a rebranding from RedHat Linux to RedHat
             | Enterprise Linux over a decade ago but after or during the
             | SCO nonsense. Early versions of RedHat's Linux were just
             | called RedHat Linux because at the time it was just like
             | any other Linux distro or starting from those early
             | hobbyist roots. RHEL was meant to be stable and have
             | commercial add ons for big companies.
             | 
             | https://en.wikipedia.org/wiki/Red_Hat_Linux
             | 
             | https://en.wikipedia.org/wiki/Red_Hat_Enterprise_Linux (at
             | the top it notes, not to be confused with Red Hat Linux)
             | 
             | What could be thought of as Red Hat Linux today is the
             | Fedora distro (which it was spun off into), which is
             | upstream, more frequently released or up to date (and thus
             | less stable), and targeted at the hobbyist or enthusiast
             | user, which I'm one of the weird people that still uses it.
             | Once something useful goes through its paces on Fedora,
             | it'll eventually get integrated into RHEL where reliability
             | is of higher value than the latest features.
             | 
             | I started on RH 5.2 myself, in '99, and literally got it on
             | disc for $40 at BestBuy. I also lived near RedHat's offices
             | (in Durham, NC) at the time and got to visit them once with
             | coworker friends. Exciting time, I was very young, and wish
             | I knew enough to buy stock during its IPO at the time.
        
             | znpy wrote:
             | No, the latest release is rhel9, not rh9.
             | 
             | At the time it was just "red hat linux" while today it is
             | "red hat enterprise linux".
             | 
             | The split (and the counter reset) was made to mark the
             | split between a regular distro (fedora core, at the time)
             | and an enterprise-oriented distro (red hat enterprise
             | linux).
        
         | znpy wrote:
         | > Because we had a paid license from them that included them
         | absorbing all liability from IP claims regarding Linux.
         | 
         | Not a trivial thing by the way, if you think about it.
        
       | mikece wrote:
       | How different would the history of Linux have been had FreeBSD
       | (and its forks) not been encumbered by lawsuits in the 1990s?
       | Would Linux have gained the mind and market share it did or would
       | the BSDs have won?
        
         | JohnFen wrote:
         | What an interesting question!
         | 
         | I'm a bit glad that BSD didn't "win", because as time has been
         | passing, Linux is getting to be an increasingly bad fit for me.
         | I'm looking at switching to BSD (I haven't yet because that
         | switch will be a lot of work -- I have a lot of machines) as a
         | better alternative.
         | 
         | So BSD looks like an escape hatch to me and I'm glad that it's
         | there.
        
         | yjftsjthsd-h wrote:
         | > Would Linux have gained the mind and market share it did or
         | would the BSDs have won?
         | 
         | From the horse's mouth:
         | 
         | > Linus: Actually, I have never even checked 386BSD out; when I
         | started on Linux it wast available (although Bill Jolitz series
         | on it in Dr. Dobbs Journal had started and were interesting),
         | and when 386BSD finally came out, Linux was already in a state
         | where it was so usable that I never really thought about
         | switching. If 386BSD had been available when I started on
         | Linux, Linux would probably never had happened.
         | 
         | - https://gondwanaland.com/meta/history/interview.html
        
           | dboreham wrote:
           | That's what I was thinking too: when Linux was released there
           | was no viable Unix-like OS for the current day PC machines.
           | 
           | Edit: actually there was SCO, but it was costly. So above
           | really I mean "no viable free Unix-like OS for...PCs".
        
           | twblalock wrote:
           | I suspect that if Linus had tried to actively contribute to
           | BSD he might have gotten fed up and done his own thing
           | anyway.
        
             | lizknope wrote:
             | I think Linus would have forked it and made LinBSD and more
             | people would have joined his effort. The Linux community
             | was a lot more friendly and helpful to me than the BSD
             | crowd in the mid 90's
        
               | znpy wrote:
               | The bsd community is still ups and downs today.
               | 
               | Not all the bsd communities are equally friendly.
        
         | giantrobot wrote:
         | It's not really a matter of Linux or BSD "winning" in the 90s.
         | It wasn't the kernel and base system that was super important
         | but what you could run it on and what you could run _on_ it. A
         | Free Unix(like) was an important base component but went hand
         | in hand with FOSS software running on top.
         | 
         | With the likes of Apache and Samba PCs running Linux (or a BSD)
         | could replace many thousands of dollars in software licenses
         | for server products for zero licensing dollars. It didn't
         | really matter if the base OS was a BSD or Linux, as long as the
         | services ran on top on relatively inexpensive hardware it was a
         | massive win for a lot of organizations.
        
         | justin66 wrote:
         | BSDI was legally in the clear in January 1994 and FreeBSD had
         | an unencumbered version out by the end of 1994. Linux distros
         | were still toys at that point. I think it's fair to say that
         | the lawsuits didn't help BSD, but the lawsuits don't seem like
         | they should have been a decisive reason for Linux overtaking
         | them in mindshare and marketshare.
        
           | dekhn wrote:
           | Linux wasn't a toy in '94: I had a full X11 with emacs, g++,
           | and all the other goodies and easily ported scientific
           | software from the grown-up UNIX in the lab, using it to write
           | my undergraduate thesis. This was using Slackware from 4
           | floppies. At the time I was offered two pills: Slackware or
           | BSD. I picked linux since it sounded "newer and hotter".
           | 
           | It was a toy in '92-93 and they still didn't have good
           | dynamic linking in '94, and I'd argue things were pretty
           | dicey before glibc (I stopped using debian for years during
           | the bo->hamm transition) but it was usable for production
           | work at the time.
           | 
           | (none of this should be taken as a statement that BSD wasn't
           | in great shape in '94; I had heard of the lawsuit but I don't
           | think it affected my decision to go linux at that time)
        
           | rwmj wrote:
           | FreeBSD didn't support shared libraries while Linux did, and
           | that made a huge difference trying to run X11 on the 386
           | systems of the time, specifically because of hard disk space
           | required.
        
             | dekhn wrote:
             | linux's shared libraries were pretty limited in '94- I
             | forget the technical reason but it had to do with runtime
             | linker not being able to compute unique addresses for each
             | .so, and so they sort of had to be assigned "ranges" that a
             | particular .so owned (https://www.linux.co.cr/free-unix-
             | os/review/1994/0914-a.html). Probably a.out vs. ELF.
        
               | rwmj wrote:
               | Yup, that was the limitation of the old a.out format. ELF
               | was a breath of fresh air, but it didn't arrive until
               | after Linux 1.2.
        
           | kevin_thibedeau wrote:
           | > Linux distros were still toys at that point.
           | 
           | I had Slackware 1.1 running in 1Q94. It had X11 and you could
           | run Mosaic on it plus all of the shell userland. It was
           | pretty usable.
        
             | lizknope wrote:
             | I installed Slackware 2.1 in the fall of 1994. I had
             | everything working. X11, networking, sound, Mosaic. I
             | compiled Spice 3f4 and used it for my EE circuit sims.
             | 
             | The next year I asked some questions on a FreeBSD usenet
             | forum and was told to buy a SCSI card, SCSI hard drive, and
             | new network card. No thanks. I just stayed with Linux
             | because the hardware support was much bigger.
        
               | dekhn wrote:
               | I wasted so much money on SCSI back in those days. This
               | was the thing that finally killed it for me:
               | https://en.wikipedia.org/wiki/Jaz_drive
        
               | lizknope wrote:
               | I ended up buying a SCSI card in fall 1995 so I could use
               | this. The drive was about $500 but each 650MB cartridge
               | was only $30. I could format it with a ext2 and use it as
               | a regular filesystem. No need to make an ISO image to
               | burn. CD burners weren't cheap yet.
               | 
               | https://en.wikipedia.org/wiki/Phase-change_Dual
               | 
               | This technology was later turned into DVD-RAM which was
               | never as popular as DVD+/-R(W)
        
         | Aloha wrote:
         | IIRC, the BSD lawsuits were mostly about userspace stuff, ISTR
         | the kernel was known clean. I wonder how big the license
         | incompatibility was thought to be at that time to prevent
         | releasing a BSD with a GNU userspace. I don't even know if the
         | GNU stuff was complete enough.
        
         | ghaff wrote:
         | I've talked with a lot of people about this. The general
         | opinion is that it was a combination of lingering concerns from
         | the AT&T lawsuit and, perhaps more controversially, a somewhat
         | difficult to engage with community. However, most of the same
         | people also think that, had Linux not happened, BSD in some
         | form would have occupied the space that Linux came to.
         | 
         | I did a series on this and related questions a few years back.
         | (Podcast and transcript)
         | http://bitmason.blogspot.com/2020/05/podcast-was-open-source...
        
       | ChuckMcM wrote:
       | Interesting side effect of this (to me :-)) is that when Blekko
       | was acquired by IBM I got stuck doing what is called "Blue
       | Washing" where IBM tracks down the licenses, origins, and usages
       | of all the source code the acquired company is bringing to IBM.
       | According to people I worked with when doing this, the entire
       | process and toolset was an outgrowth of the work they did to
       | disprove SCO's claims in the lawsuit.
       | 
       | I found it was both invasive and thorough, and generally
       | engineers didn't like it when the answer was "You have to delete
       | that, we can't verify we have rights to it."
        
         | kkielhofner wrote:
         | There's an entire cottage industry around this. As one example:
         | 
         | https://www.synopsys.com/software-integrity/security-testing...
         | 
         | Frequently used for things like internal audits, compliance,
         | due-diligence during financing, etc.
         | 
         | It's remarkably thorough but not always completely accurate -
         | it flagged an open source project I created that we were using
         | as GPL. I had to correct them, which was entertaining.
        
           | bitcharmer wrote:
           | They are almost always inaccurate. What they always are is
           | expensive
        
             | kkielhofner wrote:
             | As CTO I generally tracked software and applicable use
             | license(s) across the entire codebase.
             | 
             | My internal sheet more or less lined up with their results
             | - with the notable exception being my project I referenced.
             | FWIR it was something like 400 entries and I'd put it at
             | roughly 95% accurate on this anecdotal rough estimate.
        
               | sgc wrote:
               | That is surprisingly bad. I would expect it to be some
               | sigma level of accuracy for the money they charge.
               | Perhaps I misunderstand the problem.
        
         | politician wrote:
         | I wonder if it'll be much easier going forward. Take a suspect
         | piece of code, run it through an LLM to explain it, pass the
         | explanation to another LLM to generate code from the
         | explanation. An automated pipeline for clean room reverse
         | engineering.
        
           | hencq wrote:
           | IANAL but it seems that if you rely on looking at the suspect
           | piece of code to see what it's doing (even if done by an
           | LLM), it's not exactly clean room.
        
             | politician wrote:
             | It's a two-step process.
             | 
             | https://en.wikipedia.org/wiki/Clean_room_design
        
           | jedberg wrote:
           | As long as you can prove that you had a license to all the
           | code that was used to train the LLM! :)
        
             | akiselev wrote:
             | Someone would first have to prove you used an LLM, no?
        
               | dilyevsky wrote:
               | That's what discovery and depositions are for
        
             | politician wrote:
             | Hah! It appears that no one training these models is doing
             | that. GPT doesn't generate the correct GPL/MIT/BSD/Apache
             | license information and attribution for the source code it
             | generates from its training set.
             | 
             | All of these code-based LLMs are willfully violating
             | copyright already. It's doubtful this goes anywhere in the
             | courts, however.
        
         | patwolf wrote:
         | I was at IBM around the time of the SCO lawsuit and had to help
         | out with blue washing a few projects. It was also around that
         | time that there had been some high-profile cases of GPL code
         | getting shipped accidentally. We had a tool that basically
         | grepped through all the source for keywords like "Copyright",
         | "License", or "GPL", and then we had to compile a report and
         | get the lawyers to sign off on it. It didn't seem to me to be a
         | very thorough way of proving provenance because it relied on
         | proper attribution.
        
       | ahelwer wrote:
       | I was recently bitten by this ghost of the past in the present
       | day! Since the TLA+ project is trying to join the Linux
       | Foundation, they've recently started enforcing Developer
       | Certificate of Origin (DCO) signing on all of the repos under the
       | github.com/tlaplus org. The CI workflow started insta-failing on
       | my PRs since none of my commits included a DCO. Fixing this isn't
       | terribly difficult, github gives you a rebase command to run so
       | you re-apply every commit locally with DCO signoff, then force-
       | push. Then in the future you have to remember to run git commit
       | -s -am "commit msg" instead of git commit -am "commit msg". The
       | -s flag adds a DCO message to the commit.
        
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