KickAss
Gear News Archive: February 2004
January
30th
SCO
FUD on CNN
Darl McBride, the
CEO of SCO group, was on CNN yesterday telling everyone his tale of woe
about the MyDoom virus. He said that the virus was a vicious attack by the
Linux community on his his poor, downtrodden company. The MyDoom virus has
been spreading around the Internet for several days now, infecting
people's machines and waiting to launch a coordinated denial of service
attack on SCO's servers. But considering that Mr. McBride has made
millions of enemies around the world, it's not entirely surprising that
something like this is happening.
What bothers me the most isn't the
clogging of my inbox with much viral laden content (that happens every day
anyway), but rather that CNN let Mr. McBride spew his FUD on network
television without giving anyone else a chance to respond. I would have
greatly enjoyed seeing Linus Torvalds on the TV at the same time shooting
down Mr. McBride's arguments. But they aren't tech savvy enough at CNN to
do anything like that. So as far as the CNN audience is concerned, SCO is
an innocent, beleaguered company just trying to get along. Nothing could
be further from the truth.
Dr.
John
January
27th
The
Beginning of the End for Phony Patents?
The US patent
office doesn't always get it
right. Sometimes
patents are granted for stuff that just shouldn't be patentable. Sometimes
the US Patent Office doesn't thoroughly investigate prior art, and they
end up patenting something that has been around in bits and pieces for
years. Bruce Perens, a leader of
the Open Software movement put it thusly:
"Patent-granting
is out of control; half of all software patents should not have been
granted, because they do not detail actual inventions. Frequently, they
only detail a specific way to make a computer do something entirely
obvious using well-known methods. This is not the aim of a patent, but it
occurs because patent office researchers lack the time to conduct a proper
search for prior art. Too often, companies obtain patents and wait for
another developer to trip over their wire. It costs $2.5 million on each
side for a typical patent fight. A settlement is cheaper."
In fact, many
companies spend all of their time writing patents for stuff they have no
intention of ever making. They write and acquire patents solely for the
purpose of litigating against larger companies that actually lucratively
sell products. One such company that used patents to leverage royalties
from profitable companies is the Lemelson Partnership. The late founder,
Jerome Lemelson, had over 500 patents to his name, but his company
manufactured nothing. Over the last decade or so they used their portfolio
of patents to leverage $1.5 billion in royalty fees from companies that
made computer vision equipment. This equipment included things such as bar
code scanners, and this hidden cost of manufacturing such equipment was
passed on to consumers every time you bought an item that was scanned at a
grocery store.
Well those
days are gone now. A company known as Cognex Corp. was fed up with the
royalty fees and decided to sue Lemelson. They won.
Judge Philip Pro of the US District Court in Las Vegas ruled in favor of
Cognex, and against Lemelson. This means that companies that actually
manufacturer computer vision equipment will no longer have to pay
royalties to Lemelson. The big question is, will other federal judges
begin to rule against companies that use questionable patents strictly as
litigation tools to extort money from manufacturers? These types of cases
can be especially egregious when underhanded tactics are used to acquire
patents of a questionable nature.
Such is the
current ongoing case with Rambus Inc.'s litigation against memory
manufacturers in the US and throughout the world. Rambus was part of a
memory standards committee during a time when SDRAM and DDR DRAM were
being discussed, and the standards worked out. Rambus amended its memory
patent applications during that time to include aspects of the memory
architecture under discussion, and have been using those ill-gotten
patents to extort money from actual memory manufacturing companies. Rambus
has lost several court battles, and has won several court battles, so the
jury is still out so to speak on this case.
The case of
SCO versus IBM is somewhat different. In this situation, SCO bought the
rights to old UNIX copyrights, and is now using those to extort money from
Linux users. Their contention is that portions of UNIX have been illegally
transferred to Linux, and therefore anyone using Linux is violating their
copyrights. However, SCO refuses to say what portions of Linux were copied
from UNIX, because they are interested in royalties, which would dry up
quickly as soon as the threat of litigation was gone.
I
would like to see new laws passed that impose heavy penalties, both
financial and criminal, to be levied against companies that knowingly
distort, fabricate, or purposefully confuse patent issues to undermine
other companies ability to do business. These laws would cover so-called
submarine patents as in the case of Rambus, or questionable copyright
claims as in the case of SCO. Let's just hope that this recent case over
machine vision patents is just the beginning, and that patents and
copyrights no longer remain the preferred tools of scoundrels.
Dr.
John
January
24th
Tyranny
of Copyrights
I have posted a
short discussion of Robert Boynton's NY Times article
on the developing battle between copyright, and copyleft, and how this
effects you and your family. Check it out here.
January
23rd
Intel
Only Concerned About GHz, Not Performance
In a move
that will only work as long as their customers remain ignorant, Intel has
designed their latest chip, Prescott, with an even longer instruction
pipeline than the current P4. We don't know yet how unwieldy the new part
will be, but it is certain to suffer even more from branch misprediction
errors than the Northwood chip does. Rumors suggest an absurd 30-stage
pipeline, as compared with 20 on the Northwood P4, and only 12 on the
Athlon64.
The end result
will be that the first Prescott chips, running at around 3.4GHz, will be
slower at running games than the current top-of-the-line Pentium 4. Why
does Intel do such things? Because they don't respect their customers. The
longer pipeline slows performance, but permits higher clock speeds. It's a
zero sum gain, but Intel just wants to be able to say they have the most
MHz.
Intel knows that
that they will sell the majority of their chips to the uninformed masses
through companies like Dell, and all that matters in such cases is the GHz
label on the box, not real world performance. The AMD Athlon 64 beats the
P4 in most benchmarks even when running nearly a GHz slower. This
discrepancy between the two chip lines will become more pronounced as the
Intel pipeline changes.
This move is sure
to drive more enthusiasts to AMD's Athlon64 chips.
Dr.
John
No
Silver in OCZ's "Silver" Thermal Compound!
Check out this
short article
at Overclockers.com that shows the complete absence of silver in OCZ's
"silver" thermal paste. Compare this with Artic Silver thermal
compounds, which deliver as advertised. Come on OCZ, how cheap can you be?
Dr.
John
January
22nd
SCO
Says Open Source is a Terrorist Threat
You knew that
eventually SCO would bring up national
security in their anti-open source campaign. Well they now have.
It's as grandiose and deceptive as all the other claptrap oozing from SCO
has been. SCO has been lobbying Congress about the severe threat to our
nation posed by open source software. This move may be their last
desperate attempt to further artificially inflate their stock price. The
letter is so pitiful, that it is humorous.
Get this... they say
that the outcome of the lawsuit with IBM will greatly impact on 1) the
nation's economy, 2) our nation's ability to lead the world in
technological innovation, 3) the nation's international competitive
position in the software industry, and 4) national security. Hmm. Sounds
almost like Bill Gates wrote it, doesn't it? Maybe he did from behind the
Oz curtain.
SCO says that each
time someone uses open source software, they are robbing a proprietary
software company of sales, thus threatening the economy. They also state
that open source software is the ultimate example of "dumping",
and this will stifle innovation (Hell, Bill must have written
this). Finally, SCO says that all of our enemies, including terrorists,
can download Linux for free, and use it to attack us, and thus it is a
threat to national security. Sheesh! What a load of bull. I can't believe
they can say this stuff without bursting out laughing. How many
illegal copies of Windows and Unix are spread across the face of the
earth, and in the hands of "our enemies"? Just because certain
software costs lots of money in the US doesn't mean that millions of
people in China and everywhere else don't have free, bootlegged copies.
SCO urges congress
to pass laws against open source software. Now it's your turn to
write your Congressperson.
Dr.
John
January
20th
HL2
Code Theft Arrests
Little blurbs
are appearing on the internet today that the Feds have raided several
homes and confiscated computer equipment in relation to the theft of
Half-Life 2 source code. Details are sketchy, but the arrests involved
members and acquaintances of a group called Hungry Programmers, but it is
not clear if these people were actually involved in the code theft, or are
simply knowledgeable about the incident. None of this affects the
lateness of the release of HL2, which has been delayed more from not being
ready, than from any theft of code. If you're lucky, it will be out by
late Spring to early Summer.
Dr. John
January
16th
Microsoft
Can't Stop Itself
Like a
drunk on a binge, Microsoft can't stop its anticompetitive activities, and
remains in denial. Of course it really isn't Microsoft's problem, it's
Bill's problem, because he runs the show there, but the result is the
same. In Microsoft's latest trip to the Federal
Court overseeing their compliance with antitrust laws, Justice Dept.
officials claimed that the Windows XP online music shopping feature invokes
Internet Explorer, even if the user has a different browser installed. The
settlement reached requires MS to allow users to choose which browser to
use when shopping for music.
Microsoft
did not agree that this was a violation of the consent decree (denial!),
and said that they were about to change that "feature" anyway.
Sure, and Bill is a changed man, who doesn't have to get his way, right?
Dr. John
January
15th
SCO's
Linux Thing
Let's
face it, SCO makes some really terrible products, they make the least
popular version of Unix with a tiny user base, and their version of Linux
is basically unknown, and dead. So it's kind of obvious they needed a new
strategy, hence they have become another in a long line of IP litigating
companies that don't do anything but hire unscrupulous lawyers like Boies
et al. to suck money from competitors. The recent announcement
that HP earned $2.5 billion from Linux sales must be music to the ears of
SCO, who hopes to get their hands on as much of the money earned honestly
by other companies as they can. But time is running out for SCO as they
must finish turning over all requested documents to IBM under court order.
Expect to hear from both IBM, and the Linux community, shortly.
Dr. John
January
14th
Job
Opportunities at SCO
If you
are so inclined, feel free to apply for such exciting job
opportunities at SCO as "Inside Sales Manager" or, better
yet, "Internal Auditor". Ahh, that one's got some job security!
The job description says you will be asked, among other things, to audit
the financial and operating system processes for information integrity of
transaction documents and report discrepancies. Any current IBM employees
want to take a crack at that one?
SCO has
finally coughed
up the supposedly infringing code to IBM and its lawyers under court
order. SCO says that it is not claiming IBM is infringing any code by
having copied anything from System V Unix to Linux. Rather, SCO says this
is a $3 billion contract dispute! Now IBM has about a week to determine if
everything they asked for is included in the relatively small amount of
paperwork turned over by SCO. If not, SCO will need to be more specific.
Should be fun hearing IBM's public response.
Dr. John
January
13th
Novell
Strikes Back
Novell
has announced
that it will protect its Linux customers from any possible legal actions
by SCO. This suggests that Novell feels it has the upper hand in the
struggle over Linux, otherwise the legal indemnification could be risky.
But based on Novell's recent assertions that they retain the pertinent
copyrights that SCO is litigating over, and the fact that SCO still hasn't
shown that infringing code was moved from Unix to Linux, Novell is in a
good legal position.
Recently
Novell has begun the process of acquiring SuSE Linux, and SCO has
complained publicly that the acquisition of SuSE violates non-competition
provisions of the Asset Purchase Agreement. Novell has countered
that in the absence of any contractual support, the public SCO statements
are in bad faith, and are meant to disrupt Novell's business. As
such, Novell reserves the right to sue SCO over this issue. Sounds
like Novell is adding ammunition to their arsenal in order to keep SCO at
bay, and thus further protect Novell customers from any legal actions by
SCO.
Dr. John
January
11th
SCO
Attempts to Blackmail Google
As the
time draws neigh for SCO to cough up the infringing code they say is in
Linux, they have decided to try and extort some money from a company that
actually makes an honest profit: Google.
Google runs about 10,000 Linux servers, which looks like some easy
pickings for the litigious, failing SCO. I will be shocked if Google
doesn't tell SCO to get lost. Perhaps they already have. But time is
running short for SCO as the court-ordered disclosure date rapidly
approaches. My question is, will the Boies Law Firm come up with some
sneaky delaying tactic to give SCO more time to blackmail other companies?
Dr. John
January
6th
Windows
Too Complicated and Bloated to Convert to 64-bit
An
interesting letter
from a Window 64 beta tester states in no uncertain terms that Windows 64
is an OS-too-far for Microsoft, and their disorganized, overworked
engineering teams.
The end
result is that there won't be a 64-bit version of Windows for a long time,
and when it comes out, it probably will be a tad under-featured compared
with current Windows versions.
Dr. John
January
5th
Open
Source Software OK, It's Official
A 10
year study of open-source software has concluded that, despite a high
failure rate for such projects, open-source software can be better, and
produced more quickly and inexpensively than proprietary software.
Considering that Bill Gates said his next OS, Longhorn, will cost as much
as a moon launch, it's not hard to see how open source could be less
expensive.
Dr. John
Get
Ready for the New Computers!
PCs are scheduled
for a series of big makeovers this year, ranging from the change from ATX
to BTX cases, motherboards and power supplies, to PCI Express graphics
cards, to DDR-II memory. By the end of 2004, computers are going to look
very different than they are now.
Dr. John
January
4th
Radeon
9800 XT Mini Review
I've
posted a very short review of the Radeon 9800 XT video card from ATI. If
you were thinking of getting one, you may want to read
this first.
Dr. John
January
2nd 2004
Bush
in 30 Seconds
Happy New
Year to All!! As my small contribution to starting this new,
election year off right, I've posted several so-called "Bush
in 30 Seconds" TV commercials that I put together. Hope you
enjoy watching them as much as I enjoyed making them.
:)
Dr. John
If You
Want to Know Where your Burgers Come From, Read This
The way
meat and meat byproducts are handled in the US is both a scandal, and a
recipe for making sure people get sick, figuratively and literally. If you
have the stomach for it, read
on! And Bon Appetite!
Dr. John
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