
Robert Frost once told us, "Something there is that doesn't love a wall." And there is something about human nature that does not love watching somebody else's success. Apparently The SCO Group, formerly Caldera International, is jealous of the strides that Red Hat has made in the Linux distribution business. SCO has flailed about for the past several years looking for a business model, as a succession of backers and CEOs have attempted to make big bucks on free software.
Caldera renamed itself The SCO Group last year in an attempt to pull together its enterprise-oriented Linux distribution and the Unix intellectual property it purchased from AT&T in 1995, which isn't covered by the public license that makes all Linux source code and libraries freely available. SCO was an early player in Unix for the x86 platform. The company's Xenix x86 Unix port was long on the periphery of Unix implementations and was well regarded. Without the support of a major hardware vendor, however, the port never achieved dominance.
The SCO Group has combined its old Xenix IP with the AT&T IP in a new division, SCOsource, specifically to extract a tax from other Linux players. It has hired high-profile lawyer David Boies to build a case for the company, starting with the $1 billion attention-getter filed against IBM. The SCO Group has published a rather amazing chart of the history of Unix, or rather the history of Unix according to The SCO Group. It's called the SCOsource Unix Intellectual Property Pedigree Chart, and you can find it at www.sco.com/scosource/unixtree/unixhistory01.html. It's based on a Unix history chart drawn by Eric Levenez (www.levenez.com/unix/history.html), but SCO has drawn its own self-aggrandizing Xenix line straight down the middle, as though this somehow proves that everything good in Unix/Linux happened there.
The chart shows that Unix is an amazing cross-pollinated pastiche. What it doesn't show is that most of the Linux code was written fresh, not derived from The SCO Group's old x86 code. So proving infringement will be incredibly difficult if not impossible.
This also shows The SCO Group's startling lack of understanding of the open-source community. If code is found to be infringing, thousands of programmers will come out of the woodwork to rewrite it until it isn't.
Hang the Lawyers, Again
Misery loves company. The most miserable idea to come along so far this year was Intuit's decision to use Macrovision's digital rights management software SafeCast on TurboTax. Then somebody had the equally miserable idea to file a class-action suit against Intuit.
Yeah, I'm writing about this again. In our previous issue, I laid out all the reasons why Intuit's implementation was a disservice to its customers and ultimately to itself. At this writing, Intuit continues to be pummeled in the press and in the court of public opinion. The company is working with Macrovision to make the DRM less onerous and trying to salvage what's left of the years of goodwill toward TurboTax. See www.extremetech.com/turbotax for background.
The last thing Intuit needs is a class-action suit. And the last thing we need is a class-action suit. The suit, filed by California-based law firm Stanbury Fishelman, seeks class-action status to cover all U.S. purchasers of TurboTax products for the 2002 tax year. The suit also seeks financial compensation for people who say they were defrauded by Intuit when they purchased TurboTax.
Hauling Intuit into court and making it prove or disprove intent, damages, fraud, and so on is very counterproductive. Meanwhile, people are flocking to H&R Block's TaxCut, switching to Microsoft Money, and looking at just about any alternative to TurboTax. But if you're a TurboTax customer, what do you need right now? A clean, trouble-free install that doesn't interfere with other programs or limit your ability to upgrade your system. The freedom to move the program to your laptop. Customer support treating you like a customer and not a criminal. You don't need your $30 back for damages or some guy telling a clueless jury how much you've suffered because SafeCast wrote to an undocumented sector on your boot track.
Clearly, Intuit has the wrong business model. Turbo Tax should be free, and the company should charge a fee to print or file a return. That would put the ambulance chasers out of work.