Bonum Certa Men Certa

What is 'Club SCO' Doing Near the Linux Foundation with Novell?

Where's Waldo?

Linux Foundation



Summary: Respected members of the community complain about SCO players lurking among jesters for the Linux Foundation's "Fake Linus Torvalds" game

SCO used to contribute to Linux, but a lot of people do not remember this anymore. Some pundits opine that Novell will be the next SCO Group and the company's increased fascination with .NET is not an encouraging sign. Novell is firing Linux developers [1, 2], one of whom we spoke to in our IRC channel just two days ago. Some of these layoffs occur silently and it should not be surprising that Novell's contributions (patches) to Linux dropped sharply this year.



Microsoft's indirect influence inside the Linux Foundation withstanding (influence via Novell), it was hard to ignore the fact that an anti-Linux character who promoted SCO was almost a guest of honour at LinuxCon. Boldly enough, the Managing Editor of Linux Today complained about this. She wrote:

And check out the winning Fake Linus-- Matt Asay, who I would not characterize as any kind of great Linux advocate; his views on Linux and FOSS change as often as he publishes a new blog posting, which is several times a day. But at least Mr. Asay has some genuine FOSS creds.

Dan Lyons as contestant is just plain baffling. You might recall this is the same Dan Lyons who used to publish reams of anti-Linux trolling and pro-SCO guff for Forbes magazine. So what happened, wasn't Rob Enderle available? Or Maureen O'Gara? With Ms.O'Gara you get a twofer-- anti-Linux troll and your token woman. I suppose it's a play on his schtick as Fake Steve Jobs, which is about as relevant to Linux and community-building as any random celebrity impersonator. A Fake Elvis would have been better, then we would have some cool music to listen to.


Carla spoke for many of us when she shared the thoughts above. She didn't speak about the other Fake Linus who is a Novell employee, only the former one, namely Asay. Jason (of Mono-Nono fame) wrote

Linux Today on LinuxCon



[...]

Not Ms. Schroder’s words, but she rightfully points out the baffling inclusion of Daniel Lyons in the proceedings. This is a gentleman who enthusiastically supported SCO’s lawsuit activities for years, never missing a chance to smear and degrade the FLOSS community in the effort.

Among some of Mr. Lyons more enlightened diatribes include “Linux’s Hit Men“, where he goes through great pains to distort the role of the FSF and GPL, even reaching for the good old “comrade” Communism allusion. Or perhaps “Linux Scare Tactics” is more to your taste, where Mr. Lyons opines on the “FUD” from “Linux zealots”? You can hit on any random Forbes article from Mr. Lyons on the topic of Linux to be treated to 100% Microsoft approved misinformation and spin with all your favorite code words and key phrases.

Mr. Lyons is just one example of the less intellectually sophisticated Linux detractors / Microsoft apologists, but he serves here as an interesting example of a strange phenomenon among some in the FLOSS community to welcome, or even vigorously defend those who have spent enormous effort to destroy that same community.

I call it the FLOSS Stockholm Syndrome here because it seems to be part of that same mental abberation of hostages sympathizing or defending their captors!


Looking back at Carla's post, here is an interesting comment from Antero, who writes: "Linus Torvalds atleast "sabotaged" the good reputation of Linux by that "Linux is too bloat" comment. What a interesting thing, everytime something negative has said about Linux it reaches the headlines. Atleast here in Finland. And don't you ever think that we here see Linus "The Son of Nils" Torvalds as an "god" at all. Personally i find Richard Stallman as a man who really has something to say. His comment about one traitor might sound a bit "Stalin's Purge" but honestly - it was rather realistic. Linus tries perhaps subconsciously escape the stalinism (connected always here to his father's past)"

“Microsoft just loves quoting Linux authorities as saying that Linux has technical deficiencies.”Our previous post debunked the whole "bloat" remark, which no doubt will be used by Microsoft against Linux. In its internal anti-Linux presentations, Microsoft just loves quoting Linux authorities as saying that Linux has technical deficiencies.

So anyway, why on Earth was Dan Lyons brought this close to the very same foundation whose cause he was attacking for years, equipped with SCO's slander?

This would not be the first such bizarre incident. Matt Asay, a former Novell employee who is also conspicuously included in this contest despite his professed love for Apple and Macs, joined Dave Rosenberg in citing and inviting Dan Lyons to an audio show, essentially playing along with this vicious character that curses folks like them. Maybe they just don't know who Lyons really is, but they E-mailed me in advance, suggesting that I propose a question for the show (to be addressed for Lyons to answer). Maybe they know the history of my criticism of Lyons and him linking to Boycott Novell from Forbes Magazine. Another bizarre appearance of Dan Lyons was a keynote at EclipseCon 2008. This is part of a worrying trend where people who speak 'on behalf' of FOSS are not even FOSS users and are sometimes anti-FOSS (even secretly).

People who do not know Lyons' role in advancing SCO's cause can probably find all the answers at Groklaw, which is now waving an interesting analysis of an amicus brief that favours software patents.

Lineo was, of course, an offshoot of Caldera, spun off in 1999 as a wholly owned subsidiary. Why would it want Hollaar's web site? For what business purpose would it fund it? According to a report in April of 2002, by Maureen O'Gara, Lineo had ran out of money and was bouncing paychecks. If true, maybe paying professors to put up web sites isn't a viable business model? I am starting to wonder how long ago the idea of suing over the GPL first began to stir.

Harris replaced Bryan Sparks as CEO of Lineo in 2001, by the way. He started out as VP and General Counsel at Lineo when it began. Sparks founded Caldera, Inc. in 1994. Harris worked for Summit Law Group also, and in fact he was a founding member (more Lineo history at that link), and he was the lead technical lawyer for Caldera in its lawsuit against Microsoft. You'll find Palumbo in the Caldera v. Microsoft filing also. You can find Hollaar's other amicus brief submitted by him and IEEE-USA in the Bilski case, the one he filed earlier with the appeals court, on his page of papers.

Starting to feel like the Ozarks, where everyone is creepily related to everyone else you keep bumping into? The point is, there is a connection between Hollaar and Caldera/SCO that goes back years.

[...]

How can a professor of computer science not know that software didn't start out as proprietary? That came second, not first. And talk about missing the point of the open source development model, where sharing knowledge is deliberate. You could call it the scientific method. It's like doctors sharing their knowledge from experiments and such, so other doctors don't have to repeat what they've already done. It's not about keeping that knowledge secret; the whole point is to share, so that the state of the field can quickly advance. The FOSS community shares on purpose, in order to share knowledge, also so the knowledge remains available to all. It has nothing to do with cloning anything. "GNU's not Unix" is a meaningful phrase. And the GPL in no way downplays copyright protection. It is based on copyright law, and the GPL is enforced using copyright law, so his footnote is grossly inaccurate, not to mention offensive and demeaning, to me anyway.

[...]

Oh, and speaking of small worlds, Hollaar's bio says "Professor Hollaar is currently working on a new approach to patent reform and laws governing shrink-wrap and click-on licenses." Speaking of Psystar. And look at a comment submitted, according to Terekhov, by Hollaar to the FSF during the rewriting of the GPLv3:

This is not a correct statement of copyright law, at least in the United States. With respect to "propagate", it is likely a tautology because of the defintion of "propagate" covering only things "that require permission under applicable copyright law". But for "modify", 17 U.S.C. 117 permits the "owner of a copy of a computer program" to make an "adaptation" in particular circumstances, and makes it clear that making that adaptation does not "infringe copyright if you do not accept this License." It also does not seem to recognize the "first sale" doctrine codified in 17 U.S.C. 109, that permits the transfer of a lawfully-made copy "without the authority of the copyright owner". Perhaps the interplay between the definition of "propagate" and this section covers it, but it is certainly not made clear and, in fact, misleads one in thinking that the only way to redistribute a lawful copy is to accept the License.
Sounds familiar, doesn't it? A little like Psystar's position, isn't it? A lot like Psystar, huh? Coincidence? I don't know. But it's eerie, to me.

[...]

And in 2003, "alexander" posted this comment on Groklaw about how to work around the GPL, a la Psystar, as I read it, and included a link to the SCOX Yahoo! message board, to comments by Alexander Terekhov in support of SCO Group, making the circle complete.

I know what will interest you the most is the Hollaar brief, particularly the arguments on software and whether it is math, but at least you will understand from all this why, despite not knowing exactly how all these pieces fit together, I have come to suspect that the same folks behind SCO are somehow behind Psystar too, and that at its most fundamental, it was and still is an ideological attack on the GPL.


Regarding Professor Hollaar's disinformation, Dr. Glyn Moody claims that "he doesn't understand that algorithms are still maths - just ask Knuth"

A connection between Hollaar and SCO would be trickier to understand, but as SCO continues its battle over UNIX copyright, it is clear that Novell is not giving up and it would go all the way for the kill, as LamLaw shows in this analysis.

Novell Files for Rehearing En Banc!(Groklaw)



[...]

But, for the immediate future I do expect the old SCO nuisance lawyers to submit a brief arguing against the petition for an en banc hearing. After all, they have been prepaid for their legal services, right? And even though their hopes of ever getting to the actual trial have all but vanished as the new trustee was appointed by the court, they have been paid and they have been working a losing case all along. And they knew that from day one.

Either you have a transfer agreement that spells out which copyrights you have or you do not have any copyrights. Certainly the SCO lawyers knew that getting into the courtroom (trial court, appellate court or supreme court) would not be enough if Novell, IBM, Red Hat or even AutoZone? insist upon litigating their rights. Even nuisance lawyers are not ignorant of the law. They just think they can cause enough of a stink to get paid off.


Is Novell trying to help Linux (the PR factor) or does it want to keep the "UNIX" ammunition? Novell is not a charity after all.

In a new article from Richard Hillesley, this entire case is called the party that never ends.

Two years ago, we reported the imminent end of the long running legal battle between The SCO Group and the Linux Community, represented by Novell, IBM and others. But like the bad actor in a Victorian melodrama, SCO refuses to lie down, and keeps coming back for more.


It is not hard to come back for more when companies like Microsoft provide funding.

"...Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb, Baystar, key investor in SCO



Recent Techrights' Posts

European Patent Office (EPO) Series: The Brotherhood of São Bento
The Palácio São Bento – or São Bento Palace – is the seat of the Portuguese National Assembly in Lisbon
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
 
IBM's Quantum Bubble Already Deflating
Shares down over $55 in a few days
SLAPP Censorship - Part 101 Out of 200: Women Come to Realise They Don't Wish to Participate in Attacking Vulnerable Women
It relates to another topic that we shall be covering in the coming weeks
Links 08/06/2026: Proprietary Loaded With Security Holes, Armenia Defies Russia
Links for the day
Gemini Links 08/06/2026: NetHack 5.0.0 and Slop as Cannibalism
Links for the day
Links 08/06/2026: "Rising Emissions, Depleting Water" Due to the Pyramid Scheme of Slop; "Canada Needs to Rebuild Public Telecoms"
Links for the day
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.
Gemini Links 07/06/2026: Lynx in the 'Modern' Web and 'Overcooked' (Plagiarised by LLM) Code
Links for the day
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026