For his part, Tridgell claims he was merely writing a tool that was interoperable with BitKeeper. He claims he did not use BitKeeper when developing his tool and was therefore not subject to the conditions in its licence.
The furious wrangling over who, if anyone, is in the right has split the open source community down the middle. Jeremy Allison, the co-founder of Samba, claims that Tridgell was merely reverse-engineering Bitkeeper to ensure interoperability, which is a legitimate practice.
"I think Linus is mistaken to criticise Andrew, as what Andrew did was equivalent to the techniques we use in Samba, and obviously I have a strong feeling that what we do is standard engineering practice, and is done by software engineers worldwide, whether working for proprietary companies or Open Source companies " says Allison. "I'm hoping after Linus' temper cools down he'll be able to understand he is wrong in this judgement on Andrew."
In another posting on the Real World Technologies forum Torvalds' countered that there is no similarity between Tridgell's actions around Bitkeeper and the reverse-engineering used in Samba. "OpenOffice and Samba are constructive projects that actually do something useful, and are technically advanced quite regardless of the fact that they can interoperate with the competition," said Torvalds.
The Linux creator argued that Tridgell's actions were irresponsible as they directly resulted in BitMover canning its free version of Bitkeeper. "Now, I'm dealing with the fall-out, and I'll write my own kernel source tracking tool because I can't use the best any more," says Torvalds.
Gary Barnett, a research director at analyst firm Ovum, says he thinks Torvalds should be praised for setting a high standard regarding the protection of intellectual property.
"I think that simple straightforward reverse engineering does find itself on the borderline between the creation of a new application and straightforward copying. I don't know about the extent of the reverse engineering in this case to make a call," says Barnett. "Certainly Linus sets a very, very high standard and is very, very sensitive to the intellectual-property issues that surround this and rightly so."
It is important to protect intellectual property to allow innovation to happen, according to Eddie Bleasdale, the director of open source consultancy Netproject.
" I agree with what Linus is doing. If someone has put intellectual effort into developing anything then their copyright should be protected," says Bleasdale. "If someone then wants to produce a competing product then they should do so from first principles. If the intellectual effort spent designing, developing and bringing a product to market is not protected then progress will stop."
But some in the open source community, such as Debian developer Wookey, do not blame either Torvalds or Tridgell, but instead lay the blame squarely at the feet of BitMover's McVoy.
"You can understand the motivations of everyone involved — Linus is a pragmatist who just wanted an easier life, Larry McVoy wanted to promote BitMover and Bitkeeper, and Tridge wanted to find out how things worked," says Wookey. "All of that is fair enough, but ultimately I think Larry is the one who comes out worst from this, with his repeated licence changes and an absolute desire to retain control, which would be fair enough except that he also presents himself as a martyr who was only trying to help."
Talkback
Actually, what the article writes is not true.
First of all, the free BitKeeper license does not state that you cannot use BitKeeper (BK) to help develop a competing product; it states that you cannot help develop a competing product *at all*.
Second, Mr Tridgell has never actually used BitKeeper under its free license, so he is not bound by any of the terms set forth therein; the statement that "some open source developers haven't kept up their end of the bargain" is thus simply not true.
Third, it's important to note that the "bargain" mentioned has actually gradually shifted over time; the "you are not allowed to work on a competing product" clause was not in the license when BitKeeper was first adopted for the kernel development process, for example. Rather, the original bargain was - roughly - "the kernel developers get to use BitKeeper for free; BitMover gets to say that its product is good enough for even a very high-profile, high-visibility product like the Linux kernel" (i.e., BitMover essentially got free advertising).
It seems, however, that now that BitMover has actually managed to establish itself, Mr McVoy does not need the Linux kernel anymore, and is instead only worried about protecting his company's revenue. Now, that is not morally wrong in itself; but if you look at the circumstances of the withdrawal of the free BitKeeper license, it is pretty obvious that Mr. Tridgell was merely a convenient straw-man for Mr. McVoy.
The register has an article on just how much "reverse engineering" was involved:
http://www.theregister.co.uk/2005/04/21/tridgell_bitkeeper_howto/
For the impatient, or just in case the above URL gets swallowed by the form parser, the short summary is:
1) telnet to the bitkeeper host on port 5000
2) type "help"
3) read the resulting instructions
Colin.
Lies and misdirection from ZDNet? Why stop now.
1. The open source community was begged to use the tool.
2. Only a small percentage used it, and only a small percentage agreed to not reverse engineer it.,
Thanks for your comments, Karl. I have updated the article to take into account your first comment.
Regarding your 2nd comment, I did not state that Andrew Tridgell hasn't kept up his end of the bargain.
Andrew Tridgell's point of view is stated clearly in the first paragraph of the 2nd page: "He claims he did not use BitKeeper when developing his tool and was therefore not subject to the conditions in its licence."
This article would be far more insightful if the author actually attempted to get the facts rather then the hype generated around this.
It would be impossible for Andrew Tridgell to violate anyone's end of the bargain considering that he never possessed or even used bitkeeper. McVoy clearly knows this otherwise he would have made a legal case against Tirdgell rather then spitefully attacking everyone.
The real loser here will be McVoy. In one fell swoop he did three things:
1. Made commercial developers wary of using a product that whose management has a proven record of pulling contracts based on actions of those beyond their control.
2. Lost the free advertising of association with the Linux Kernel and Linus.
3. Finally and most importantly gave hundreds of highly skilled developers a vested interest in creating a free competing product.
In all it ends up being a rather foolish decision on the part of McVoy.
Ingrid,
In response to your post:
“Regarding your 2nd comment, I did not state that Andrew Tridgell hasn't kept up his end of the bargain.”
Tridgell is the one doing things McVoy didn’t like and unless you are implying the ridiculous, which “the bargain” was to police Tridgell the statement makes no sense. What justification is there behind implicating others in Tridgell’s actions?
"... has split the open source community down the middle."
You use this word "middle". I do not think it means what you think it means.
Many people only read the first page, or even the first paragraph or two of an article, and this article gives a very anti-Tridge slant from the beginning. Comments supporting what he did don't appear until page two.
On the first page, the reporter says "Some free software advocates argue that proprietary applications should not be used, on principle, in the development of free and open source software." I believe this is not the general feeling of free/open source developers. Rather it is closer to "Some free software advocates argue that using proprietary applications leaves you vunerable to the company changing licenses or abandonding the development of that application, leaving devoplers in a lurch."
Also on the first page, the reporter stats as fact that "The resulting clone would violate BitMover's intellectual property". I do not believe this is true at all. This clam may have been made by Larry McVoy, but it is just a claim, not a fact as the reporter has stated.
On subsequent pages, the report gives a lot of quotes from one "Gary Barnett", from "Ovum", a person and company that I have never heard of. Going to ovum.com, I find that their website returns the error "An error occurred on the server when processing the URL. Please contact onlineadmin@ovum.com.". I guess it is possible that ovum has simply ensured that non-microsoft browsers can't access his website. Either way, this does not speak well of Gary's technical knowledge or independance.
I struggle to find an accurate description of the extent to which this article misrepresents the facts in this situation. I will therefore fall back to a phrase local to my part of the world -
damn lies.
Tridge did not try to clone bitkeeper. He tried to come up with a way to access data stored inside of bitkeeper without having to buy bitkeeper (with actual cash or by submitting to unreasonable license agreements). The data in question is the programming code for the Linux kernel, which is SUPPOSED to be open to the community. All Tridge was trying to do was to restore access to software code that was supposed to be open in the first place.
Furthermore, even if Tridge were trying to clone bitkeeper, he was never bound by its license. Ergo, he was never part of any deal for which he would need to keep up his end. He could have taken packet traces of its operation and set off to reverse engineer a complete working clone, and there would be nothing unreasonable or unethical about it. Every single large software company in existence has done the exact same thing.
First, Linus' response to Tridge's actions was uncalled for and over the top. He accused Tridge of "tearing down" Larry's work, which it has been established was NOTHING of the kind. This was obviously an intemperate comment on Linus's part due to his irritation over having to change his method of operation.
Second, Linus was criticized early on for requiring people to use BitMover, a proprietary product, simply for his own preference. I suspect much of his irritation comes from being hoist with his own petard.
Third, Ovum's spokesman claims that there is nothing wrong with using proprietary software and OSS together. Only a few OSS ideologues believe there is. The problem is when proprietary software is used to make OSS dependent on it. The result in this case demonstrates why this is not a good idea. This has nothing to do with being "childish" and everything to do with being pragmatic - something Linus obviously was not in this case, despite his claims to the contrary.
In any event, the speed with which Linus has come up with an alternative - git (even though Linus calls it "stupid but fast") - demonstrates that there always an alternative to using proprietary software.
Finally, the OSS community needs to drop the whole thing and get on with it - while remembering the consequences of trying to tie proprietary software to OSS projects.
As Bruce Perens has said, "Linus needs to chill out."