[Fwd: NDA for TRG and Novell]

Jeff V. Merkey (jmerkey@timpanogas.com)
Fri, 19 Nov 1999 15:13:32 -0700


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Linux Community,

For those folks who saw the Linux Today article about Novell's "Open
source plans", here's some food for thought. This is an internal email
thread from Novell discussing Open Sourcing of NDS with the principals
at Novell with us (TRG) and attempting to negotiate us to stop Open
Sourcing NetWare technology on Linux. FYI, Dave Shirk and Novell are
full of it, and are in actuality trying to "put the genie back into the
bottle" and get us (TRG) under control. Part of their strategy is to
FUD the key Linux folks to divert attention and mindshare away from what
we are doing. They are out trying to FUD the open source community into
believing they are actually going to do something, but it's really a
well planned attempt to shut us down from providing NetWare open source
technology to you guys.

They first threatened us with more lawsuits if we did not halt our Open
Source NDS projects, then Dave Shirk, the so called "open source
champion" of Novell fired Bryan Clark, the Novell marketing person who
was trying to integrate our Open Source projects with Novell. Dave
Shirk called him into an office and fired him for even suggesting that
NDS be open sourced on Linux -- then turned straight faced to the the
Linux community, stating Novell was moving towards such a direction, and
lied to us. The attached internal email threads are provided so the
principals in the Linux community know these guys are full of it.

Busted!!!! If they try to suck up to any of you, be warned, their
intention is to CONTROL what's going down with their market share.
Linux is killing Netware right now, and will easiy assimilate over 1.5
million nodes of Netware next year. This is a predatory move to "trojan
horse" Linux and neutralize the threat.

Enjoy,

Jeff
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Date: Wed, 20 Oct 1999 18:59:48 -0600
From: "Bryan Clark" <BCLARK@novell.com>
To: "David Bradford" <DBRADFORD@novell.com>,
"Lisa Randolph" <LRANDOLPH@novell.com>
Cc: "Samm DiStasio" <SDISTASIO@novell.com>, <jmerkey@timpanogas.com>
Subject: NDA for TRG and Novell
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David & Lisa~
Following-up our earlier email/conversations about TRG, we now need to get =
a Mutual NDA signed. Please draw-up the NDA based on the following =
details. I will be in San Jose for the next 5 days, returning Wen. Oct =
27th. =20
Thx--Bryan
=20
Novell disclosures:
(1) NetWare File System APIs (Vswitch)
(2) Novell Directory Services APIs (DSAPI, LDAP, DirXML)
(3) NDS v8 "Fusion" on NT, Linux, Solaris, and NetWare
(4) W2000 and Linux/Open Source Intitatives

TRG disclosures:
(1) W2000/NTFS Read/Write "filter" driver, APIs
(2) Fenris Read/Write File System for NT and Linux
(3) Fenris Read/Write File System for NetWare
(4) M2FS Distributed File System
(5) W2000 and Linux/Open Source Intitatives

NDA contacts are:
Jeff Merkey
Darren Major
Timpanogas Research Group
895 West Center Street
Orem, UT 84057
ph: (801) 222 -9129
fx: (801) 222-9128
jmerkey@timpangas.com

Bryan R. Clark=20
Samm DiStasio
Novell, Inc.
1555 N Technology Way
Orem, UT 84097
ph: (801) 228 -4523
fx: (801) 222 -5179

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David & Lisa~
Following-up our earlier email/conversations about TRG, we now need to get a Mutual NDA signed.  Please draw-up the NDA based on the following details.  I will be in San Jose for the next 5 days, returning Wen. Oct 27th. 
Thx--Bryan
 
Novell disclosures:
(1) NetWare File System APIs (Vswitch)
(2) Novell Directory Services APIs (DSAPI, LDAP, DirXML)
(3) NDS v8 "Fusion" on NT, Linux, Solaris, and NetWare
(4) W2000 and Linux/Open Source Intitatives
 
TRG disclosures:
(1) W2000/NTFS Read/Write "filter" driver, APIs
(2) Fenris Read/Write File System for NT and Linux
(3) Fenris Read/Write File System for NetWare
(4) M2FS Distributed File System
(5) W2000 and Linux/Open Source Intitatives
 
NDA contacts are:
Jeff Merkey
Darren Major
Timpanogas Research Group
895 West Center Street
Orem, UT 84057
ph: (801) 222 -9129
fx: (801) 222-9128
jmerkey@timpangas.com
 
Bryan R. Clark
Samm DiStasio
Novell, Inc.
1555 N Technology Way
Orem, UT 84097
ph: (801) 228 -4523
fx: (801) 222 -5179
 
--=_BEE78585.8AEB9E2C Content-Type: message/rfc822 Date: Thu, 23 Sep 1999 19:57:08 -0600 From: "David Bradford" To: "Bryan Clark" Subject: Fwd: Re: Novell and TRG Mime-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: quoted-printable Content-Disposition: inline Bryan-- I consider most of the legal issues with Mr. Merkey pasttense. There is = fundamentally no legal reason why you cannot talk to him. Our issues with = Jeff revolved around the Clustering technology. =20 drb >>> Bryan Clark 09/23 3:51 PM >>> David~ Here is a copy of the email that I mentioned. Everyone that I have spoken = to regarding this admits that it is a good idea and worth pursuing. Yet = back away when Jeff Merkey/TRG is mentioned due to "perceived" legal = issues. The real win for Novell is to turn the past negative and competitive = threat into positive relationship where TRG will provide us an advantage. = Microsoft would never provide us with the necessary information to get = that close to their "crown jewels." This would also will lock TRG into a = positive Novell partnership where they are not trying to after Novell's = NDS and NWFS "crown jewels." There are several opportunities where we can use TRG to fill in the = tactical holes in our NDS for NT/Linux products. Specifically, the number = one requested feature is to manage the data! Then NDS manages all the = users, applications and data on all the OSs. This solution it isn't just = for NTFS, but also covers Windows 2000. This would be a very strategic = win for NDS and it just may render Microsoft's Active Directory to a = subservient role. =20 Are there any legal issues that would prevent us from further talks with = TRG? Please let me know. Thank you for looking into this. Thx--Bryan --=_BEE78585.8AEB9E2C Content-Type: message/rfc822 Date: Thu, 07 Oct 1999 19:27:16 -0600 From: "Bryan Clark" To: "Samm DiStasio" Subject: Resend of Novell and TRG Mime-Version: 1.0 Content-Type: multipart/mixed; boundary="=_BEE78585.8BEA9F2D" --=_BEE78585.8BEA9F2D Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: quoted-printable Content-Disposition: inline ** Confidential ** ** High Priority ** Samm~ Here are the original TRG, David Bradford response and the NTFS "filter = driver" e-mails. I still believe that there is a good business case for = working with Jeff/TRG. But the devil is always in the details: cost, time, = relationship, and PR/marketing. I have done what I can to identify the = opportunity and some details. Now the ball is in your court. I am not = pushing this. Call me: 8-4523, 376-9117 Thx--Bryan --=_BEE78585.8BEA9F2D Content-Type: message/rfc822 Date: Tue, 21 Sep 1999 12:58:38 -0600 From: "Bryan Clark" To: "Brian Faustyn" , "Michael Simpson" , "Samm DiStasio" Subject: Novell and TRG Mime-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: quoted-printable Content-Disposition: inline Guys~ As you may know that I am a personal friend of Jeff Merkey. We go back = over 10 years, when he worked for IBM on OS/2 Comm Manager and Token Ring. = I recruited him into Novell Consulting many years ago. In spite of all = the politics he managed to get SMP into NetWare, in fact the NetWare 5 = kernel is still based on Jeff's SMP code. He may not be the greatest = marketing or PR guy; but he is a code daemon. =20 The fact that he is working closely with Microsoft and a contributing to = Open Source/Linux make TRG a legitimate threat. We may have NDS for NT = and Linux, and are working with Caldera and Red Hat, but how are we going = to walk that tight-rope of "seeding" NDS into Linux/Open Source market? = Are we just going to wait for TRG to put Novell's NDS and NWFS "crown = jewels" out as Open Source? He and Darren Major have already written "Fenris" a multi-threaded (SMP) = NetWare file system for NT and Linux. They have licensed this to MS, = which allows them to suck everything off a NetWare volume and migrate it = to W2000. This will ship in the first Service pack of W2000. They are = working on "Virtual Network Device Interface" (VNDI) that will allow = NetWare, NT and Linux to all participate in a SAN. Their next product = will be "Thor" an NDS clone for NT and Linux. These guys are going = straight for Novell's crown jewels: NDS and NWFS. So we can "sic the lawyers on them" (see how much good that really did), = we can compete with them or we can partner with them. Right now one of = the holes in NDS for NT/Linux is that we do not manage the native NT and = Linux file systems =3D data. We, NDS needs to manage users, apps and = data to offer a complete solution. TRG can provide the file system = drivers enabling NDS to manage NT/Linux users, apps and data! That will = actually render AD as a mute point! Jeff and David Gobel (wrote NTFS for MS, now consulting) can create a = filter driver for ACL and Trustee management. This will work for NTFS and = W2000 (completely new files system and disk structures). That would fill = the gap for NDS for NT. Linux would actually be easier to implement. = Then NDS would manage data on NT and Linux. =20 We know that we need to take NDS to NT and Linux. However, nothing short = of a full "Open Source" implementation will make the Linux community = happy. So the real challenge is to create a Open Source "minimal NDS" to = seed the market. Once NDS is in the door, then Novell can leverage and = up-sell the ZEN and Internet product lines. This actually will open doors = for NetWare sales like NCS also. =20 TRG really wants to partner with us instead of competing. The idea is to = turn a negative threat into an advantage. We, Novell, can use their file = system drivers/technology to manage NT and Linux data. We could then = expand to work other opportunities like "seeding" NDS into the Open = Source/Linux marketplace. Anyway, this might fit in with our strategy. Who knows, with a common set of web services: NWFS, NDS, Firewall, Java = and Websphere on NetWare, W2000 and Linux, you could build a truly = platform independent application and integrated cluster! =20 Obviously, I told Jeff that I'm not the right guy to talk with on NDS and = NWFS possible partnerships. He wanted some feedback from Novell before he = meets again with Ray Noorda and Red Hat on Monday. Thx--Bryan =20 Just curious what/how did we respond to the PCWeek article "Novell mulls = NDS giveaway scheme" (somehow Scott got the same idea) http://www.zdnet.com/pcweek/stories/news/0,4153,1017289,00.html=20 NetWare 5 (www.novell.com/netware5) #1 network for internet-enabled business ************************************************************ Bryan R. Clark bclark@novell.com =20 Press Reviews Manager =20 801-228-4523 1555 N Technology Way 800-453-1267 x84523 Mail Stop: Orm-E-311 Fax: 801-222-5179 Orem, UT 85097-2399 ************************************************************ --=_BEE78585.8BEA9F2D Content-Type: message/rfc822 Date: Thu, 23 Sep 1999 15:51:35 -0600 From: "Bryan Clark" To: "David Bradford" Subject: Fwd: Re: Novell and TRG Mime-Version: 1.0 Content-Type: multipart/mixed; boundary="=_BEE78585.88E99C2E" --=_BEE78585.88E99C2E Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: quoted-printable Content-Disposition: inline David~ Here is a copy of the email that I mentioned. Everyone that I have spoken = to regarding this admits that it is a good idea and worth pursuing. Yet = back away when Jeff Merkey/TRG is mentioned due to "perceived" legal = issues. The real win for Novell is to turn the past negative and competitive = threat into positive relationship where TRG will provide us an advantage. = Microsoft would never provide us with the necessary information to get = that close to their "crown jewels." This would also will lock TRG into a = positive Novell partnership where they are not trying to after Novell's = NDS and NWFS "crown jewels." There are several opportunities where we can use TRG to fill in the = tactical holes in our NDS for NT/Linux products. Specifically, the number = one requested feature is to manage the data! Then NDS manages all the = users, applications and data on all the OSs. This solution it isn't just = for NTFS, but also covers Windows 2000. This would be a very strategic = win for NDS and it just may render Microsoft's Active Directory to a = subservient role. =20 Are there any legal issues that would prevent us from further talks with = TRG? Please let me know. Thank you for looking into this. Thx--Bryan --=_BEE78585.88E99C2E Content-Type: message/rfc822 Date: Tue, 21 Sep 1999 19:08:23 -0600 From: "Brian Faustyn" To: "Bryan Clark" Subject: Re: Novell and TRG Mime-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: quoted-printable Content-Disposition: inline Bryan, David Bradford has instructed me not to speak with Jeff. David has = appointed Stewart Nelson as the sole point of contact for TRG and Novell. = I would like to talk with you prior any further discussions. I will give = you a call on Wednesday to go over the issues. Thanks Brian >>> Bryan Clark 09/21/99 12:58PM >>> Guys~ As you may know that I am a personal friend of Jeff Merkey. We go back = over 10 years, when he worked for IBM on OS/2 Comm Manager and Token Ring. = I recruited him into Novell Consulting many years ago. In spite of all = the politics he managed to get SMP into NetWare, in fact the NetWare 5 = kernel is still based on Jeff's SMP code. He may not be the greatest = marketing or PR guy; but he is a code daemon. =20 The fact that he is working closely with Microsoft and a contributing to = Open Source/Linux make TRG a legitimate threat. We may have NDS for NT = and Linux, and are working with Caldera and Red Hat, but how are we going = to walk that tight-rope of "seeding" NDS into Linux/Open Source market? = Are we just going to wait for TRG to put Novell's NDS and NWFS "crown = jewels" out as Open Source? He and Darren Major have already written "Fenris" a multi-threaded (SMP) = NetWare file system for NT and Linux. They have licensed this to MS, = which allows them to suck everything off a NetWare volume and migrate it = to W2000. This will ship in the first Service pack of W2000. They are = working on "Virtual Network Device Interface" (VNDI) that will allow = NetWare, NT and Linux to all participate in a SAN. Their next product = will be "Thor" an NDS clone for NT and Linux. These guys are going = straight for Novell's crown jewels: NDS and NWFS. So we can "sic the lawyers on them" (see how much good that really did), = we can compete with them or we can partner with them. Right now one of = the holes in NDS for NT/Linux is that we do not manage the native NT and = Linux file systems =3D data. We, NDS needs to manage users, apps and = data to offer a complete solution. TRG can provide the file system = drivers enabling NDS to manage NT/Linux users, apps and data! That will = actually render AD as a mute point! Jeff and David Gobel (wrote NTFS for MS, now consulting) can create a = filter driver for ACL and Trustee management. This will work for NTFS and = W2000 (completely new files system and disk structures). That would fill = the gap for NDS for NT. Linux would actually be easier to implement. = Then NDS would manage data on NT and Linux. =20 We know that we need to take NDS to NT and Linux. However, nothing short = of a full "Open Source" implementation will make the Linux community = happy. So the real challenge is to create a Open Source "minimal NDS" to = seed the market. Once NDS is in the door, then Novell can leverage and = up-sell the ZEN and Internet product lines. This actually will open doors = for NetWare sales like NCS also. =20 TRG really wants to partner with us instead of competing. The idea is to = turn a negative threat into an advantage. We, Novell, can use their file = system drivers/technology to manage NT and Linux data. We could then = expand to work other opportunities like "seeding" NDS into the Open = Source/Linux marketplace. Anyway, this might fit in with our strategy. Who knows, with a common set of web services: NWFS, NDS, Firewall, Java = and Websphere on NetWare, W2000 and Linux, you could build a truly = platform independent application and integrated cluster! =20 Obviously, I told Jeff that I'm not the right guy to talk with on NDS and = NWFS possible partnerships. He wanted some feedback from Novell before he = meets again with Ray Noorda and Red Hat on Monday. Thx--Bryan =20 Just curious what/how did we respond to the PCWeek article "Novell mulls = NDS giveaway scheme" (somehow Scott got the same idea) http://www.zdnet.com/pcweek/stories/news/0,4153,1017289,00.html=20 NetWare 5 (www.novell.com/netware5) #1 network for internet-enabled business ************************************************************ Bryan R. Clark bclark@novell.com =20 Press Reviews Manager =20 801-228-4523 1555 N Technology Way 800-453-1267 x84523 Mail Stop: Orm-E-311 Fax: 801-222-5179 Orem, UT 85097-2399 ************************************************************ --=_BEE78585.88E99C2E-- --=_BEE78585.8BEA9F2D Content-Type: message/rfc822 Date: Fri, 24 Sep 1999 14:28:06 -0600 From: "Bryan Clark" To: "Brad Anderson" , "Cydni Tetro" , "Ed Anderson" , "Leif Pedersen" , "Mike Neuenschwander" , "Paul Corriveau" Subject: NDS for NT Manages NTFS Data! Mime-Version: 1.0 Content-Type: multipart/mixed; boundary="=_BEE78585.89E89D2F" --=_BEE78585.89E89D2F Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: quoted-printable Content-Disposition: inline All~ You say it can't be done, or will take us over a year for us to develop! = Well, how about $100K, and just a few weeks? That's what it will take to = get an NT "filter driver" from David Gobel (Father of NTFS). The filter = driver will allow NTFS ALCs to be managed/synched/converted to NDS ACLs. = And it will work with NT4 and W2000. We all know the opportunity is worth = it. Even better is that the fact that we make another aggressive move to = kill AD before it even gets out of Beta! =20 So what's the catch? It does involve Jeff Merkey and TRG. So before you = can say lawsuit, read the attached response from David Bradford. The best = part of this deal is it turns a potential threat into an advantage for us. = =20 If we, Novell want to pursue this we need to act fast. We need to get = back with Jeff/TRG and David Gobel. He will be in town first week of = October and we can meet with him then. =20 Please send me your feedback. =20 Thx--Bryan --=_BEE78585.89E89D2F Content-Type: message/rfc822 Date: Tue, 21 Sep 1999 12:58:38 -0600 From: "Bryan Clark" To: "Brian Faustyn" , "Michael Simpson" , "Samm DiStasio" Subject: Novell and TRG Mime-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: quoted-printable Content-Disposition: inline Guys~ As you may know that I am a personal friend of Jeff Merkey. We go back = over 10 years, when he worked for IBM on OS/2 Comm Manager and Token Ring. = I recruited him into Novell Consulting many years ago. In spite of all = the politics he managed to get SMP into NetWare, in fact the NetWare 5 = kernel is still based on Jeff's SMP code. He may not be the greatest = marketing or PR guy; but he is a code daemon. =20 The fact that he is working closely with Microsoft and a contributing to = Open Source/Linux make TRG a legitimate threat. We may have NDS for NT = and Linux, and are working with Caldera and Red Hat, but how are we going = to walk that tight-rope of "seeding" NDS into Linux/Open Source market? = Are we just going to wait for TRG to put Novell's NDS and NWFS "crown = jewels" out as Open Source? He and Darren Major have already written "Fenris" a multi-threaded (SMP) = NetWare file system for NT and Linux. They have licensed this to MS, = which allows them to suck everything off a NetWare volume and migrate it = to W2000. This will ship in the first Service pack of W2000. They are = working on "Virtual Network Device Interface" (VNDI) that will allow = NetWare, NT and Linux to all participate in a SAN. Their next product = will be "Thor" an NDS clone for NT and Linux. These guys are going = straight for Novell's crown jewels: NDS and NWFS. So we can "sic the lawyers on them" (see how much good that really did), = we can compete with them or we can partner with them. Right now one of = the holes in NDS for NT/Linux is that we do not manage the native NT and = Linux file systems =3D data. We, NDS needs to manage users, apps and = data to offer a complete solution. TRG can provide the file system = drivers enabling NDS to manage NT/Linux users, apps and data! That will = actually render AD as a mute point! Jeff and David Gobel (wrote NTFS for MS, now consulting) can create a = filter driver for ACL and Trustee management. This will work for NTFS and = W2000 (completely new files system and disk structures). That would fill = the gap for NDS for NT. Linux would actually be easier to implement. = Then NDS would manage data on NT and Linux. =20 We know that we need to take NDS to NT and Linux. However, nothing short = of a full "Open Source" implementation will make the Linux community = happy. So the real challenge is to create a Open Source "minimal NDS" to = seed the market. Once NDS is in the door, then Novell can leverage and = up-sell the ZEN and Internet product lines. This actually will open doors = for NetWare sales like NCS also. =20 TRG really wants to partner with us instead of competing. The idea is to = turn a negative threat into an advantage. We, Novell, can use their file = system drivers/technology to manage NT and Linux data. We could then = expand to work other opportunities like "seeding" NDS into the Open = Source/Linux marketplace. Anyway, this might fit in with our strategy. Who knows, with a common set of web services: NWFS, NDS, Firewall, Java = and Websphere on NetWare, W2000 and Linux, you could build a truly = platform independent application and integrated cluster! =20 Obviously, I told Jeff that I'm not the right guy to talk with on NDS and = NWFS possible partnerships. He wanted some feedback from Novell before he = meets again with Ray Noorda and Red Hat on Monday. Thx--Bryan =20 Just curious what/how did we respond to the PCWeek article "Novell mulls = NDS giveaway scheme" (somehow Scott got the same idea) http://www.zdnet.com/pcweek/stories/news/0,4153,1017289,00.html=20 NetWare 5 (www.novell.com/netware5) #1 network for internet-enabled business ************************************************************ Bryan R. Clark bclark@novell.com =20 Press Reviews Manager =20 801-228-4523 1555 N Technology Way 800-453-1267 x84523 Mail Stop: Orm-E-311 Fax: 801-222-5179 Orem, UT 85097-2399 ************************************************************ --=_BEE78585.89E89D2F Content-Type: message/rfc822 Date: Thu, 23 Sep 1999 19:57:08 -0600 From: "David Bradford" To: "Bryan Clark" Subject: Fwd: Re: Novell and TRG Mime-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: quoted-printable Content-Disposition: inline Bryan-- I consider most of the legal issues with Mr. Merkey pasttense. There is = fundamentally no legal reason why you cannot talk to him. Our issues with = Jeff revolved around the Clustering technology. =20 drb >>> Bryan Clark 09/23 3:51 PM >>> David~ Here is a copy of the email that I mentioned. Everyone that I have spoken = to regarding this admits that it is a good idea and worth pursuing. Yet = back away when Jeff Merkey/TRG is mentioned due to "perceived" legal = issues. The real win for Novell is to turn the past negative and competitive = threat into positive relationship where TRG will provide us an advantage. = Microsoft would never provide us with the necessary information to get = that close to their "crown jewels." This would also will lock TRG into a = positive Novell partnership where they are not trying to after Novell's = NDS and NWFS "crown jewels." There are several opportunities where we can use TRG to fill in the = tactical holes in our NDS for NT/Linux products. Specifically, the number = one requested feature is to manage the data! Then NDS manages all the = users, applications and data on all the OSs. This solution it isn't just = for NTFS, but also covers Windows 2000. This would be a very strategic = win for NDS and it just may render Microsoft's Active Directory to a = subservient role. =20 Are there any legal issues that would prevent us from further talks with = TRG? Please let me know. Thank you for looking into this. Thx--Bryan --=_BEE78585.89E89D2F-- --=_BEE78585.8BEA9F2D-- --=_BEE78585.8AEB9E2C-- --------------5590C21473725D2A14E4283F-- - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.rutgers.edu Please read the FAQ at http://www.tux.org/lkml/