> A user has sent you the following story from
> NewsForge:
> 
>
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> | Ken Brown's corporate-funded FUD                  
>                 |
> |   posted by warthawg on Tuesday May 25, @09:00
> (linux)             |
> |  
>
http://www.newsforge.com/article.pl?sid=04/05/24/2145237
>         |
>
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> 
> Ken Brown's forthcoming book, published by the
> Alexis de Tocqueville
> Institution, is embarrassingly mistitled Samizdat:
> And Other Issues
> Regarding the 'Source' Of Open Source Code. No doubt
> you've heard of it by
> now, although more than likely you've only heard
> [0]Andy Tanenbaum and
> others respond to it more than anything else. It's
> basically the world's
> largest [1]troll, seasoned with more than a hint of
> flamebait. In the
> history of publishing there has never been a less
> scrupulous work than this
> book. It's a stinging insult to real books and
> genuine authors everywhere,
> harming the credibility of all of us who write for a
> living.
> 
> "From this foul drain pure gold flows forth. Here it
> is that humanity
> achieves for itself both perfection and
> brutalisation, that civilisation
> produces its wonders, and that civilized man becomes
> again almost a savage."
> 
> That was said in the 1830s about Manchester,
> England, but we could also say
> that it applies to the World Wide Web today, with
> its treasure trove of
> information and its piles of horrible drivel. I'll
> give Ken Brown a dollar
> if he can guess who originally said the above quote
> (without looking it up).
> 
> The quote brings to light the fact that opposite
> extremes are a reality and
> a consequence of freedom; if you give people the
> freedom to say anything,
> eventually they will. While good ideas are passed
> around and improved upon
> in the tradition of the scientific community, there
> is also a dark side to
> free publishing: that of the corporate agenda. I
> think the main difficulty
> that some corporations are experiencing is the rough
> transition from the
> Industrial Age of big powerful businesses and
> smoke-filled board room
> meetings to the Information Age of work-from-home
> CEOs and the general
> sharing of ideas and technologies. They're scared
> and they're fighting to
> keep their way of life.
> 
> It wasn't all that long ago that corporate buffoons
> realized that they could
> use the Internet to do some guerrilla marketing for
> their company or
> product, but the unethical and immoral tactics now
> used by the corporate
> world seem to be aimed primarily at influencing
> political policy. Never
> before has freedom of speech ever threatened itself
> so ferociously; here we
> have people speaking out in order to attempt to
> limit what others can say
> through software.
> 
> It's not that political pieces haven't been written
> in the past, some --
> like Thomas Paine's Common Sense -- are superbly
> written, well-researched,
> astoundingly observant, and recommend sensible and
> effective action. It's
> works like these that advance society by stirring
> the emotions of the
> complacent and energizing political change,
> sometimes on the scale of a
> revolution.
> 
> To really pull off this kind of coup d'etat you have
> to first be an
> extraordinary writer. You have to have an insight
> into what you're talking
> about -- you need to present compelling and
> convincing evidence to suggest
> that change is necessary. There needs to be some
> great problem that has not
> been properly addressed and you have to have the
> best solution for it. And
> then you write, publish, distribute, and wait.
> That's how it's done; that's how a genuine political
> piece comes into being.
> 
> The aim of a political piece is generally to spark a
> phenomenon known as the
> "grass-roots" effort. This is when an issue or ideal
> is so important or
> influential that a large group of people
> collectively decides to promote and
> support it. It's been the magic behind the sudden
> success of underdog
> political campaigns and starving artists and
> musicians for hundreds of
> years.
> 
> What we have in Ken Brown's book is a poorly crafted
> attempt to author a
> political piece whose sole interest is the corporate
> agenda of proprietary
> software companies and fanatical right-wing
> organizations.
> Its goal is to destroy the grass-roots efforts of
> the GNU/Linux community.
> If it were well-written, expertly researched, and
> shockingly observant, it
> might accomplish at least part of its goal; however,
> it is none of those
> things. Free Software is not in any danger from this
> book, but the
> institution of printed books has been irreparably
> harmed.
> 
> Show me the evidence
> 
> "A new world demands a new political science."
> 
> The concept of fear, uncertainty, and doubt (FUD) is
> not new, but it has
> become such a popular battle tactic on the Internet
> that you can hardly read
> tech news anymore without seeing it somewhere.
> Ordinarily, most people
> recognize it for what it is -- corporate propaganda
> meant to stop a genuine
> grass-roots effort -- and ignore it. But with
> Samizdat we have a whole new
> kind of attack. Instead of aiming at the end-users
> and potential customers
> of the world -- which has proven ineffective thus
> far
> -- the target is now the United Stated government
> and those in charge of
> determining public policy. Having lost the battle
> for public opinion, the
> war has now gotten more desperate and moved on to
> attempting to influence
> the laws that we live by. This goes beyond the usual
> lobbying that
> corporations do because it's disguised as an
> independent study by an
> impartial third party and published as a book
> instead of a bound report,
> white paper, or traditionally published study (in a
> peer-review
> publication).
> 
> Proper FUD requires knowing the facts and then
> distorting them for your
> purposes. In other words a FUD-spreader is a liar,
> although frequent liars
> generally lie to themselves about their lying, so I
> don't think they
> consider FUD to be dishonest. Any distortion of the
> known truth is a lie, no
> matter how little it has been changed or altered. In
> the absence of facts to
> support beliefs or agenda, FUD goes from lying to
> implying.
> There is, for instance, no evidence to suggest that
> Linus Torvalds
> improperly used code from Minix or Unix in order to
> build the Linux kernel,
> but by talking around the subject you can create
> uncertainty and doubt about
> the situation. You can say it's highly unlikely that
> someone with Linus's
> experience at the time could write their own
> operating system, that it's
> impossible to make Linux work like Unix without
> breaking the law, that Linus
> had access to the Minix code at the time of his
> Linux-writing. Of course the
> truth of the matter is that Linux is not a whole
> operating system, it's just
> a kernel, and the author of Minix has said that it's
> impossible to have
> copied the Minix code because it's of a totally
> different design philosophy.
> FUD-throwers take every piece of information they
> can find and put a
> negative spin on it, and although they never manage
> to come up with any
> facts, proof, or evidence to support their claims,
> they do paint a grim
> portrait of their subject. I believe that any FUDder
> should be labeled and
> treated as they truly are:
> an outright liar.
> 
> The term "FUD" has been overused lately. It has come
> to mean any information
> that is contrary to the reader's opinion. As a tech
> journalist I see it all
> the time -- people accuse me of FUD when I say
> things that they disagree
> with. The key to look for is whether facts or
> logical conclusions are being
> drawn based on experience, or whether the author is
> talking around a subject
> trying to get you to create doubt about something
> without any decent
> evidence to back it up. In this article I discuss
> verifiable facts that you
> yourself can obtain by contacting or reading the
> listed sources, so even if
> you think I'm wrong in my reasoning or conclusions
> you must concede that
> this is not FUD by the proper definition. Kenneth
> Brown cannot make the same
> claim -- not remotely.
> 
> The only shocking aspect of Ken Brown's book is that
> it contains not one
> shred or iota of evidence to back any of his
> implications. While he doesn't
> directly accuse, he also doesn't present any good
> reasons to believe that we
> should listen to him. The bibliography, for
> instance, has
> 81 items of reference, less than five of which are
> traditionally recognized
> reference sources. The greater part of Brown's
> sources are personal Web
> pages of people who are not considered experts in
> the field of Unix, Linux,
> GNU, or other related subjects, home pages of people
> who are considered
> experts but were speaking generally about the
> subject of the history of
> Unix, and quotes taken grossly out of context from
> interviews that Brown did
> not conduct or take part in.
> 
> You don't have to be an author or professional
> writer to know that when
> presenting an argument professionally, the strength
> of your sources is the
> strength of your position. With no reliable sources,
> a position paper,
> thesis, or essay carries no more weight than the
> Anonymous Coward comments
> on weblogs and message forums -- in other words,
> it's bunk. For
> entertainment purposes only. Read at your own risk.
> Worse than bunk, it's
> FUD because it pushes an agenda without presenting
> any proof.
> 
> To better illustrate my point about FUD, I'd like to
> specifically show an
> example of the kind of things the Brown does in this
> book. At one point he
> quotes Linus Torvalds in an interview with Eric
> Raymond, an Open Source
> community leader and the founder of the Open Source
> Initiative (OSI), as
> saying, "I'm basically a very lazy person who likes
> to get credit for things
> other people actually do."
> 
> Ken Brown never comes out and accuses Linus of
> stealing copyrighted code or
> reverse-engineering or trade secret theft or
> anything else that would get
> him sued. But he does talk around those subjects,
> and in this quote Brown
> has taken Linus's words out of context in an attempt
> to make it look like
> Linus smugly admitted wrongdoing. Taken on its face,
> it's rather damning.
> But let's look at the context as quoted from Eric
> Raymond directly, from his
> essay, [2]The Cathedral and the Bazaar:
> 
>   In fact, I think Linus's cleverest and most
> consequential hack was
>   not the construction of the Linux kernel itself,
> but rather his
>   invention of the Linux development model. When I
> expressed this
>   opinion in his presence once, he smiled and
> quietly repeated
>   something he has often said: "I'm basically a very
> lazy person who
>   likes to get credit for things other people
> actually do." Lazy like a
>   fox. Or, as Robert Heinlein famously wrote of one
> of his characters,
>   too lazy to fail.
> 
> So first of all, it was not an interview with
> Raymond -- it was a casual
> encounter and it was relayed via anecdote, and it
> was used to illustrate
> [3]the importance of having users as co-developers.
> When we see the context
> of this quote it is clear that what Linus meant when
> he said that (and what
> Raymond was talking about here) was that Linus'
> great invention was not the
> Linux kernel but the development model by which it
> is enhanced. Linus wrote
> the kernel but other people are improving it; since
> he's the boss and since
> it was his idea to begin with, he gets the credit
> for the final product even
> though the contributors own the rights to their own
> code and are properly
> credited for it within the kernel code.
> Is that such a revelation -- or more appropriately,
> is that a crime or
> immoral deed? This is the way the kernel is
> developed, this is the way Open
> Source development works. Authors of code get credit
> for what they
> contribute, Linus does not -- you don't have to do
> much research to discover
> that. This is part of what Tim Witham of the OSDL
> calls the quid pro quo of
> the Open Source development model. By inventing the
> kernel, Linus's return
> on that investment of time and skill is that other
> people get to improve it
> for him for free.
> 
> When I asked Linus about this quote he replied:
> 
>   Heh. I _like_ that quote.
> 
>   Of course, the context there is that I've been
> getting a lot too much
>   credit for Linux, considering that there literally
> have been
>   thousands of people involved.
> 
>   No "stealing of code" anywhere, but the simple
> fact that it's much
>   too easy to forget that Linux has been a
> collaborative project, and
>   that especially for the last five years I've been
> acting as a
>   _manager_, not so much as a code writer.
> 
>   The fact that Brown seems to take it out of
> context and try to make
>   it be something it isn't is his problem, quite
> frankly. I don't know
>   when (or even if) I said the above, but honestly,
> it sounds like me,
>   and it's accurate.
> 
>   But yes, facts can be used out of context, and
> twisted. Too bad. I
>   don't actually want to have anything to do with
> that Brown person, he
>   seems to be a slimeball.
> 
>               Linus
> 
> When good sources go bad
> 
> Brown repeatedly refers to Linus' work with Andrew
> Tanenbaum's Minix
> operating system as an example of some kind of
> wrongdoing. I'm not sure if
> Ken Brown wants us to think that Linus stole some of
> Tanenbaum's Minix code
> or whether he wants us to think that it's wrong to
> create a workalike
> program. The latter is definitely a theme throughout
> the book; time and
> again Brown implies that workalikes are somehow
> morally and legally wrong.
> 
> Andy Tanenbaum provided no useful ammunition for
> Brown despite the fact that
> he flew to Europe just to interview him, a rather
> puzzling fact. Why would
> Ken Brown fly to Amsterdam to interview someone
> peripheral to his book and
> then totally ignore Linus Torvalds, who is
> practically the main character in
> this corporate fantasy novel? When he does interview
> Tanenbaum he digs for
> dirt on Linus, probably figuring that Tanenbaum held
> some grudge against him
> because of a silly debate the two had some years ago
> about kernel
> architecture. Tanenbaum instead tells him that it
> was impossible for Linus
> to have copied Minix code or design because Minix
> used a totally different
> architecture -- if Brown had read the initial debate
> that I mentioned
> previously, he would have known that.
> Stealing any significantly useful portion of Minix
> code to put into Linux is
> as fruitless as stealing diesel fuel to put into a
> gasoline engine.
> 
> Tanenbaum then noted that there were "some extremely
> serious errors" in
> Brown's book and [4]published a note relating his
> strange and unusual
> experiences with Brown, followed by a [0]somewhat
> lengthy addendum, none of
> which reflected well on Kenneth Brown and his odd
> and unprofessional
> methods.
> 
> The Minix source code was published as part of a
> book that Tanenbaum wrote
> on operating system design, published by Prentice
> Hall. Ken Brown's
> ridiculousness moves on to the publisher, stating
> that PH has probably lost
> its ability to sue Linus for imaginary copyright
> infringement. He says that
> "it is unclear if ATT or Prentice are paying
> attention to Linux
> development," but really all he had to do was ask if
> he really wanted to
> know the answer to that. It's not like AT&T and
> Prentice Hall are
> unapproachable to the media.
> 
> Maybe he realized that it doesn't matter what AT&T
> thinks because they don't
> control the rights to Unix anymore and haven't for
> some time.
> [5]The Open Group owns the trademark for Unix, the
> [6]SCO Group claims to
> own the copyright to the last edition of "true" Unix
> (System V Release 4)
> and [7]Novell claims to own both the copyrights and
> the patents involved
> with it (this is in dispute as of this writing; it
> is unclear whether SCO or
> Novell own the copyright to the code). SCO would
> have provided Brown with
> some rather juicy quotes -- I'm surprised that he
> didn't make an effort to
> contact them, difficult as it is these days. In fact
> neither SCO nor The
> Open Group is mentioned even once in the copy of the
> book that I had access
> to. This is yet more evidence to suggest that
> Kenneth Brown is a poor
> researcher.
> 
> That he mentioned Prentice Hall is a joke. PH is one
> of the world's largest
> GNU/Linux distributors (by including CDs with books)
> and makes more money
> off of GNU/Linux than it ever did off of Minix. I
> contacted Prentice Hall
> and asked for a comment on Brown's book but did not
> receive a response
> before this article went to press.
> 
> Next: The man behind the mask
> 
> The trouble with people who think that they are
> clever is that their own
> hubris often is their primary foible. The archetype
> of the somewhat
> intelligent yet too arrogant antagonist is an
> ancient and well-worn
> character in the western world. Kenneth Brown seems
> to fit this mould
> precisely. While his writing is structured and
> coherent, his thinking and
> reasoning are amateurish and depend on "cheap
> tricks," literary devices
> known as begging the question and circular
> reasoning.
> 
> For those who don't know, begging the question means
> that you assume facts
> that are not in evidence in order to carry your
> argument to a point at which
> it cannot directly be refuted without going back to
> prove or dispute the
> assumed facts. The classic example of this is the
> question, "So when did you
> start beating your wife?" This assumes that your
> wife is being beaten and
> that you are the batterer, but there is no apparent
> proof to hold up these
> claims. Since the question assumes facts not in
> evidence, the only proper
> way to respond is to clarify the facts and demand
> proof that they are valid.
> In a circular argument, an unproven statement is
> restated to come back on
> itself, thus giving the appearance of "proof" when
> actually all the writer
> did was answer cleverly restate the same phrase.
> 
> An example would be, "The charge that I beat my wife
> is totally untrue
> because I would never do something like that." These
> are the fundamental
> building blocks of FUD -- you cannot have FUD
> without begging the question,
> and the occasional circular argument helps the cause
> as well although the
> latter requires some skill to achieve.
> 
> What Kenneth Brown has done in Samizdat is to
> presume that the Linux kernel
> contains misappropriated code and/or was illegally
> "reverse-engineered" from
> proprietary Unix, and further implies that Linus and
> the community at large
> were the perpetrators of these crimes.
> Then Brown uses these false and erroneous
> conclusions to suggest that this
> may be an act of malice by Linus Torvalds and the
> Open Source community to
> attack proprietary software corporations for their
> own gain.
> 
> Any reasonably intelligent person would figure that
> such a bold endeavor as
> this book would include compelling and convincing
> evidence to give weight to
> the kinds of questions that Brown raises to cast
> doubt on his subjects.
> Appallingly, there is no evidence, no interview, no
> paper trail, photograph,
> or substantiated reference to support any of Brown's
> negative assertions and
> in fact most of his references do more to hurt his
> stance than support it.
> It is the worst journalism, the worst research, the
> worst case of abuse of
> the literary and technical world that I have ever
> had the profound
> displeasure of reading. Ken Brown would make Michael
> Moore, Jayson Blair,
> and Darl McBride blush with the kind of shoddy,
> irresponsible work that he's
> published in Samizdat. Truly this book is a test of
> the tolerance of free
> speech in America.
> 
> Who is behind the writing of Samizdat? It is
> unreasonable to assume that any
> single individual would go to these lengths to
> mislead the public.
> There is no way that, in writing this, Brown did not
> know that he was
> circumventing the facts in favor of a false truth. I
> say this in part
> because [8]he posted messages to the Open-Source
> Licensing mailing list
> asking loaded questions and getting very clear
> answers from knowledgeable
> people. Furthermore his motivation was [9]apparently
> unmasked by one of the
> list members back in September. The email, written
> by Rick Moen, sums up Ken
> Brown's reasoning perfectly by saying, "In short,
> you've been doing
> something of a Beltway Bandit lobbyist dance for
> us." Other group members
> asked Ken Brown to cease publishing private email
> addresses and using racial
> slurs on the list.
> 
> Moen also suggests that Brown was funded by
> Microsoft, and points to [10]an
> interesting analysis of Ken Brown's other writing on
> Free and Open Source
> Software. [11]Our own Roblimo also had some things
> to say about Kenneth
> Brown and his corporate agenda.
> 
> It is logical to assume that the perceived victims
> in the fantastical Ken
> Brown scenario are his benefactors. The reason why
> this assumption is made
> is because all other possibilities have been removed
> from the equation.
> First, Brown is on record in the below-referenced
> Tanenbaum interview as
> saying that AdTI does "public policy work" and they
> "publish papers and
> books," and he adamantly refused to reveal his
> funding sources.
> 
> The book was not written as a public service because
> it does not present
> both sides of the issue evenly and even contains
> knowingly misleading
> language -- there is no way, as mentioned before,
> that Brown could have
> written this without at some point becoming aware
> that he was attempting to
> mislead people.
> 
> It was not done for revenge -- Brown has no known,
> obvious, or logical
> motives. It was not written to sell books, as far as
> I can tell, because
> even controversial books rely on facts and real
> interviews with the subject
> or subjects of the book. Brown did not interview
> Linus Torvalds at all,
> instead relying on a very quick interview with
> Richard Stallman and a very
> strange interview with Andrew Tanenbaum, who in
> [4]his initial response to
> Brown's book characterized him as:
> 
>   ...not the sharpest knife in the drawer, but I was
> already
>   suspicious. As a long-time author, I know it makes
> sense to at least
>   be aware of what the competition is. He didn't
> bother.
> 
> Kenneth Brown didn't seem to have done one bit of
> research before the
> Tanenbaum interview even though he claimed he was
> writing a book on the
> history of Unix. Samizdat is not about the history
> of Unix although it does
> go over some of it. Either he lied to Tanenbaum or
> he changed the focus of
> his book since the interview.
> 
> Brown was repeatedly given good, factual information
> and he repeatedly
> twisted it to work for his purposes. But why would
> someone do this on
> purpose? It's time to dig a little deeper and find
> out who Ken Brown is and
> what his agenda might be.
> 
> According to [12]his CV, Brown is or was recently
> the vice president of a
> company called the Emerging Markets Group, which
> doesn't have a Web site,
> apparently. Also involved in this company is/was the
> chairman of the Alexis
> de Tocqueville Institution, Gregory Fossedal.
> Interestingly, [13]Fossedal
> recommended that investors buy SCO stock as recently
> as October of 2003,
> which was long past the point when anyone thought
> SCO could win against IBM.
> In that same article he also talked up Bill Gates as
> "brilliant" and
> condemned the sharing of a program's source code
> under any conditions,
> blasting the Open Source development approach in the
> process. So it seems
> this book has been brewing for quite a while, and
> evidence suggests that
> both SCO and Microsoft could be involved.
> 
> The usual suspects
> 
> "The profession of the law is the only aristocratic
> element which can be
> amalgamated without violence with the natural
> elements of democracy."
> 
> Rick Moen thought that Microsoft was the man behind
> the curtain, and Andy
> Tanenbaum suspected both Microsoft and the infamous
> SCO Group. Indeed those
> two unscrupulous corporate schemers are the prime
> suspects. Other companies
> just don't make any sense -- Corel and Macromedia
> are actively working to
> port some of their software to GNU/Linux. Apple
> relies on Open Source
> technology as the basis for their OS X operating
> system. Intel and AMD both
> employ programmers to work on Open Source Software
> and both are members of
> the [14]Open Source Development Lab, as are IBM,
> Novell, Sun Microsystems,
> HP, Computer Associates, and [15]many more. Since
> these companies are
> actively contributing to the Open Source community
> and are even offering
> money and equipment to help make GNU/Linux more
> enterprise-friendly, we can
> assume that they are probably not behind Ken Brown's
> smear campaign. That
> doesn't leave too many monied players in the
> technology world.
> 
> We can further reduce the list of suspects by
> examining who stands to lose
> from the GNU General Public License. In all of Ken
> Brown's writings he has
> one common and specific target: the GPL. He even
> goes so far as to suggest
> in his book that "pure free source code" (licensed
> under the BSD license or
> other non-GPL Free Software licenses) is okay and
> that it should be used as
> Tanenbaum uses Minix -- to teach in universities.
> But he doesn't feel that
> it has any place in the business world, and he calls
> the GNU Project, Linux,
> and all GPLed work "hybrid Open Source" because
> they're often sold and used
> commercially. Kenneth Brown's astonishing lack of
> understanding of the Free
> and Open Source Software world is a farce --
> actually I think he
> understands, but he obfuscates what he knows so that
> it has a negative tone.
> This I am convinced of -- no one with half a brain
> could do this much
> writing and research and fail to grasp such simple
> and oft-repeated concepts
> which were explained to him in detail on the
> license-discuss list referenced
> above. Brown hardly mentions BSD in his book and
> fails to mention FreeBSD,
> OpenBSD, and NetBSD at all, further suggesting two
> points: his research
> skills are either substandard or selective, and he
> has an axe to grind with
> the GPL.
> He might also view the BSDs as "pure free source"
> because they're not under
> the GPL, but their functionality is at a level that
> is more than competitive
> with proprietary software (and some say that the
> BSDs are superior to
> GNU/Linux in many ways) so I don't quite understand
> why they are not also a
> target of his derision.
> 
> Here's where Ken screwed up: the "Free" in Free
> Software refers to rights,
> not price. There is no "hybrid" -- either a program
> is free to use, modify,
> and distribute, or it is not. The GPL ensures that
> software stays free (as
> in rights, not price!) in the future, unlike the BSD
> and other Open Source
> licenses which often have no such provision. Other
> OSS licenses can place
> restrictions on use or redistribution which
> precludes the software they
> govern from being Free Software even though they may
> still qualify as Open
> Source. Brown qualifies Red Hat Linux as a "hybrid"
> Open Source product not because it might contain
> proprietary programs in
> addition to Free Software, but because it is sold
> and used commercially.
> This is, as far as I can tell, yet another
> purposeful obfuscation of the
> difference between "free as in rights" and "free as
> in price." It's not a
> difficult concept, but it's an easy point of
> confusion if you're trying to
> paint Free Software in a negative light.
> 
> Back to our question: who stands to lose from the
> GPL? Both Microsoft and
> SCO do, as they have directly and indirectly stated
> many times in the press;
> there seem to be no other players in the industry
> that have so much at stake
> when it comes to the success of Free Software and
> the legality and validity
> of the GNU GPL. So now that we have some viable
> suspects the next question
> is, did one or both of these companies fund or
> support AdTI? [16]Microsoft
> funded them in the recent past and in fact the white
> paper that was produced
> from that funding -- Opening The Open Source Debate
> -- was the precursor to
> this book. It shared many of the same ideals, made
> many of the same
> accusations, and attempted to push readers in the
> same direction as Samizdat
> does. In fact it even went further, suggesting that
> Open Source Software
> could help aid terrorism.
> 
> I could find no evidence of SCO funding. For all the
> times I've tried in the
> past, they never return calls or emails and I doubt
> very much that they'd
> tell me anyway. My feeling is that SCO doesn't have
> the money to play these
> kinds of silly games with; history dictates that
> Darl McBride and his
> cohorts are perfectly willing to generate their own
> untruths for the press
> and would probably view the Alexis de Tocqueville
> Institution as
> unnecessary. But interestingly enough if we go back
> to the license-discuss
> mailing list search for Ken Brown, we turn up
> [17]this email asking about
> the SCO lawsuit and Linux licensing issues. This is
> not evidence of SCO
> involvement, but it shows that SCO was definitely
> not under Brown's radar
> even though it didn't make it into his book. He
> seems to show a distinct
> hatred of IBM, using racial slurs and foul rumors to
> describe IBM
> representatives. Given this information it's also
> possible that Brown's
> attack on Open Source is an attack on IBM for their
> support of it.
> 
> Ken Brown's Final Solution
> 
> The last part of Brown's book is the heart of the
> matter: the one-page
> public policy recommendation. Ken Brown wants the
> government to make it
> harder to use and create GPLed software. He wants
> the government to do
> something about the growing use of the Open Source
> development model in
> industry by giving more money to the USPTO and to
> redirect government
> funding of universities toward "true free source" in
> cooperation with the IT
> industry.
> 
> So wait a minute -- he spends dozens of pages
> attacking the GPL and Linus
> Torvalds and Open Source, and then he wants the
> government to give money to
> colleges to fund Open Source development, even going
> so far as to suggest
> that corporations that support Open Source programs
> at universities should
> be given tax breaks? While it may sound like a
> paradox, he's actually
> pulling the old good cop/bad cop trick. He claims
> that Open Source devalues
> programs and eliminates due credit for invention. He
> doesn't seem to
> understand that GNU's Not Unix, consistently
> equating all Unix-like
> operating systems with the original trademarked
> copyrighted Unix source
> code. But then he ends the book, by saying how great
> free (as in price and
> rights) source code is -- as long as it's "true free
> source" and that it's
> only used in an academic environment where no one
> needs to (or is able to)
> make any money from it because it's all public
> domain.
> 
> I was curious as to why he brought up university
> involvement. My questions
> were answered by [18]Media Transparency, which
> traces the money trail for
> media organizations. [19]As you can see here, a
> series of significant
> donations come from [20]The Lynde and Harry Bradley
> Foundation, an
> ultra-right-wing lobby group based in Milwaukee.
> What a coincidence that
> John Norquist, the former mayor of Milwaukee,
> Wisconsin, is on the board of
> advisors for the Alexis de Tocqueville Institution.
> So what does this
> organization do? It gives money to influence public
> policy, usually to try
> to return the U.S. to a state of unregulated,
> laissez-faire capitalism. In
> this instance the donations are marked specifically,
> "To support
> education-reform research and activities." The
> wording of that phrase seems
> to be -- like all other things AdTI -- purposefully
> ambiguous. It could
> read, "To support education [through] reform,
> research, and activities," or
> "To support education reform [through] research and
> activities," or "To
> support education [through] research of reform and
> activities." We can now
> see why Brown has dragged university support and
> corporate tax breaks into
> this mess.
> 
> The only common thread throughout the whole book is
> that he doesn't think
> Free Software should interfere with proprietary
> software because that's
> "real business" and it drives the economy. The OSDL
> and its member
> corporations strongly disagree with that notion --
> they think Open Source
> Software is an excellent business method in the
> classic quid pro quo sense.
> Given that the OSDL includes member corporations
> like IBM, Novell, and Red
> Hat, all of which are financially successful, it
> would appear that reality
> interferes with Ken Brown's predictions and
> recommendations.
> It seems more like the corporations that are paying
> AdTI to write these
> ridiculous books and studies are trying to
> underhandedly discredit their
> competition through a third-party.
> 
> Conclusions
> 
> Microsoft has already tried to fake its own
> grass-roots effort -- back when
> they were facing antitrust violations in the U.S.,
> they paid people to try
> to influence the public and the politicians to drop
> the case.
> Thereupon was coined the term "astroturfing," to
> describe an artificial
> grass-roots marketing campaign. Fortunately their
> efforts backfired. But
> here again we have Microsoft attempting to use
> unethical guerrilla marketing
> tactics to influence public opinion and public
> policy by funding dishonest
> studies. I must be getting old -- I still remember
> the days when a superior
> product and corporate accountability determined
> public opinion and policy.
> 
> Fortunately I think Microsoft and SCO are the last
> of the holdouts, and
> hopefully this article, with the help of those who
> have been defamed by the
> Alexis de Tocquevillains, can help put a stop to
> this harassment in the
> marketplace.
> 
> The next question is, how to make them accountable
> for their actions?
> There's nothing illegal about funding a study. The
> price of freedom is
> discomfort and pain from time to time when the
> unscrupulous and the feebly
> tutored combine their efforts and resources to try
> to force their way onto
> innocent people. I do have a suggestion, however.
> There are two members of
> the AdTI board that are politicians: [21]Christopher
> Cox, a member of the
> House of Representatives for the state of
> California, and [22]John Norquist,
> the former mayor of Milwaukee. If you live in either
> of their jurisdictions
> you can contact them and ask them to remove their
> support for the Alexis de
> Tocqueville Institution based on the horrible
> misinformation produced by its
> president and chairman.
> 
> Kenneth Brown is but the latest in a long and
> ignoble line of corporate
> drones and fools to show that anything can be
> suggested (or proven) through
> selective analysis. His purposeful misuse of quotes
> and ignorance of the
> basic facts underlying his arguments show that he
> did his best to make an
> impossible point. That's what he was paid to do, I
> guess. Despite my rather
> harsh analysis I can't help but think that I'm
> giving Kenneth Brown too much
> credit, considering what so many people have told me
> privately about their
> encounters with him. This little article is only a
> fraction of the true
> debunking that his book deserves, but to do it right
> I'd have to write my
> own book on the subject of Linux, GNU, BSD, and Unix
> history and theory, and
> I'm not sure that I'm prepared to do that presently
> (of course, if some
> publisher wanted to give me a decent advance...).
> 
> I've only shown a handful of reasons why you should
> not only ignore future
> work by Ken Brown and AdTI, but why you should look
> for ways to take action
> against their intimidation tactics. It's not right
> for mercenary groups like
> the Alexis de Tocqueville Institution to accept
> money to terrorize innocent
> people, especially at the behest of a powerful
> corporation or funding group.
> There are so many things wrong with this situation
> that it's hard to know
> where to begin. Write to Microsoft and demand
> accountability (this does more
> than you might realize; it makes them aware that you
> know of their
> underhanded tactics).
> Write to the politicians listed above and demand
> that they withdraw their
> support. But most of all I feel that the best
> overall remedy for this
> situation is for all people to turn their backs to
> these kinds of studies
> and the "analysts" who write them. Don't submit
> their links to Slashdot or
> other discussion sites. Don't quote their work.
> Don't give them any media
> attention at all unless it is to debunk their lies
> and propaganda with your
> own intelligent and properly researched (actually,
> any level of research is
> superior to what these people are doing) response.
> They say that any
> publicity is good publicity, but that is not really
> true -- enough bad
> publicity, as SCO has proven, can ruin a company and
> its officers.
> 
> I love irony, but it's really a pity that the
> institution that bears his
> name should be so ill-used, as the real Alexis de
> Tocqueville was an
> intelligent and insightful man. I don't necessarily
> agree with everything he
> had to say, but he did have some interesting quotes
> -- in fact the
> unattributed quotes which begin some of the sections
> of this very article
> were authored by the real Alexis de Tocqueville. And
> I got them from the
> free Microsoft Encarta encyclopedia.
> 
> Jem Matzan is the author of three books, a freelance
> journalist and the
> editor-in-chief of [23]The Jem Report.
> 
> Links:
>     0.
>
http://trends.newsforge.com/article.pl?sid=04/05/21/2131224&tid=2
>     1.
> http://www.catb.org/~esr/jargon/html/T/troll.html
>     2.
> http://www.catb.org/~esr/writings/cathedral-bazaar/
>     3.
>
http://www.catb.org/~esr/writings/cathedral-bazaar/cathedral-bazaar/ar01s03.
> html
>     4.
>
http://business.newsforge.com/article.pl?sid=04/05/20/1427257&tid=85
>     5. http://www.theopengroup.org/
>     6. http://www.sco.com/
>     7. http://www.novell.com
>     8.
>
http://www.mail-archive.com/cgi-bin/htsearch?config=license-discuss_opensour
> ce_org&restrict=&exclude=&words=ken+brown
>     9.
>
http://www.mail-archive.com/[EMAIL PROTECTED]/msg05605.html
>    10. http://www.roaringpenguin.com/adti2.php3
>    11.
>
http://business.newsforge.com/article.pl?sid=02/10/25/056218&tid=37
>    12.
>
http://www.digital-law.net/IJCLP/6_2001/authors/brown.html
>    13.
>
http://quickstart.clari.net/qs_se/webnews/wed/cy/Ubottomline-commentary.RYDL
> _DO3.html
>    14. http://www.osdl.org
>    15. http://www.osdl.org/about_osdl/members/
>    16.
>
http://www.wired.com/news_drop/palmpilot/story/0,1325,52973,00.html
>    17.
>
http://www.mail-archive.com/[EMAIL PROTECTED]/msg06520.html
>    18. http://www.mediatransparency.org/
>    19.
>
http://www.mediatransparency.org/search_results/info_on_any_recipient.php?re
> cipientID=7
>    20.
>
http://www.mediatransparency.org/funders/bradley_foundation.htm
>    21. mailto:[EMAIL PROTECTED]
>    22. mailto:[EMAIL PROTECTED]
>    23. http://www.thejemreport.com
> 
> Discuss this story at:
>    
>
http://www.newsforge.com/comments.pl?sid=04/05/24/2145237
> 
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> 
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