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MS-DOS paternity suit settled
The Register ^ | 30 July 2007 | Andrew Orlowski

Posted on 07/30/2007 10:38:08 AM PDT by ShadowAce

An overlooked court case in Seattle has helped restore the reputation of the late computer pioneer Gary Kildall.

Last week, a Judge dismissed a defamation law suit brought by Tim Paterson, who sold a computer operating system to Microsoft in 1980, against journalist and author Sir Harold Evans and his publisher Little Brown. The software became the basis of Microsoft's MS-DOS monopoly, and the basis of its dominance of the PC industry.

But history has overlooked the contribution of Kildall, who Evans justifiably described as "the true founder of the personal computer revolution and the father of PC software" in a book published three years ago.

In a chapter devoted to Kildall in Evans' They Made America: From the Steam Engine to the Search Engine: Two Centuries of Innovators, Evans related how Paterson "[took] 'a ride on' Kildall's operating system, appropriated the 'look and feel' of [Kildall's] CP/M operating system, and copied much of his operating system interface from CP/M."

The story of how Bill Gates came to acquire an operating system is well known. In 1980, Kildall's Digital Research provided the operating system for a wide range of microcomputers, and was established as the industry standard. IBM had approached Microsoft, then a tiny software company in the Seattle area, to provide a BASIC run-time for its first micro, the IBM PC. Gates offered to provide IBM an operating system too, even though he didn't have one at the time. This required a hasty purchase.

Microsoft turned to Tim Paterson, whose garage operation Seattle Computer Products was selling a CP/M clone called QDOS (for "quick and dirty operating system") (also called PC-DOS), which was bundled with an add-in CPU card. Microsoft turned this into the hugely successful DOS franchise.

(The oft-told story of Kildall spurning IBM to fly his plane is deeply misleading. It was IBM's distribution and pricing of CP/M, which in the end was one of three operating systems offered with the first IBM PC, that ensured MS-DOS captured the market.)

Paterson brought the case against Evans in March 2005, as we reported here, claiming that Evans' defamatory chapter caused him "great pain and mental anguish".

Evans was puzzled that the chapter drew a defamation suit as it merely "recapitulate[d] and state[d] what 11, 12, 15 other books [said] and there [was] no public outcry, no public corrections, no website corrections, no criticism in reviews [that any of the accounts were erroneous".

Taking a dim view of lawsuits designed to curb the First Amendment rights of journalists, Judge Thomas Zilly found that Paterson's lawsuit failed on several important counts. In US law, Zilly pointed out, "truth is an absolute defense to a claim of defamation".

Judge Zilly said Paterson falsely claimed Evans credited Kildall as the "inventor" of DOS, weakening his case. At the same time, the Judge found, Evans had faithfully recorded Paterson's denial of Kildall's view that QDOS "ripped off" CP/M.

The Judge also found that Paterson copied CP/M's interrupt mechanism - changing the Int-21H interrupt vector but maintaining the first 36 functions, renaming them in the documentation. Kildall's "Read Sequential" function became "Sequential Read", for example, while "Read Random" became "Random Read".

(DR came to regret not suing Microsoft "very early on". For his part, Paterson was to plead that his operating system of choice, Kildall's CP/M-86, was at the time unavailable for products based on Intel's 8086 that he wanted to sell, necessitating the hasty clone).

Finally, Judge Zilly concluded that Evans acted without malice, and castigated the plaintiffs for introducing irrelevancies into court, including the claim that Kildall was an alcoholic.

"Plaintiffs fail to provide any evidence regarding 'serious doubts' about the accuracy of the Kildall chapter. Instead, a careful review of the Lefer notes... provides a research picture tellingly close to the substance of the final chapter."

And with that, the case was dismissed.

The PC world might have looked very different today had Kildall's Digital Research prevailed as the operating system of choice for personal computers. DRI offered manufacturers the same low-cost licensing model which Bill Gates is today credited with inventing by sloppy journalists - only with far superior technology. DRI's roadmap showed a smooth migration to reliable multi-tasking, and in GEM, a portable graphical environment which would undoubtedly have brought the GUI to the low-cost PC desktop years before Microsoft's Windows finally emerged as a standard.

But then Kildall was motivated by technical excellence, not by the need to dominate his fellow man. ®


TOPICS: Business/Economy; Technical
KEYWORDS: cpm; microsoft
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1 posted on 07/30/2007 10:38:10 AM PDT by ShadowAce
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To: rdb3; chance33_98; Calvinist_Dark_Lord; PenguinWry; GodGunsandGuts; CyberCowboy777; Salo; Bobsat; ..

2 posted on 07/30/2007 10:40:04 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: ShadowAce

Gates you evil bastard...

Love ya man, if you crap worked I’d still be living in a one bedroom studio driving a burnt out Volvo diesel..

Hell XP alone paid for my Sailboat...


3 posted on 07/30/2007 10:42:19 AM PDT by ejonesie22 (I am not really a Fred basher, I just play one on Free Republic. THOMPSON 2008!)
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To: ShadowAce

I had occasion to use both C/PM-80 and MS-DOS, back in about 1982 or so. I thought C/PM was a superior product at the time.


4 posted on 07/30/2007 10:46:08 AM PDT by r9etb
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To: ShadowAce
A long time coming. I still look for the DOS icon on my VISTA so I can have some control of my destiny. It’s not there, boo hoo.
5 posted on 07/30/2007 10:51:10 AM PDT by CHEE
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To: r9etb

I used DR-DOS in a TRS-80 Model I, and thought it superior to CP/M, and much superior to Tandy’s TRSDOS.


6 posted on 07/30/2007 10:51:31 AM PDT by Yo-Yo (USAF, TAC, 12th AF, 366 TFW, 366 MG, 366 CRS, Mtn Home AFB, 1978-81)
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To: CHEE

They got rid of the icon a while ago, but there’s still always start-run-cmd. They’ll never get rid of it completely, too many MS developers are commandline junkies.


7 posted on 07/30/2007 10:53:12 AM PDT by discostu (indecision may or may not be my biggest problem)
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To: ShadowAce

Blue Screen of ... Life?

8 posted on 07/30/2007 10:53:21 AM PDT by martin_fierro (< |:)~)
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To: CHEE
..so I can have some control of my destiny.

You want control? Here it is.

9 posted on 07/30/2007 10:54:32 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: r9etb

It was, in spades, and the true rip-off was TRS-DOS.


10 posted on 07/30/2007 10:55:50 AM PDT by xcamel ("It's Talk Thompson Time!" >> irc://irc.freenode.net/fredthompson)
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To: r9etb
I had occasion to use both C/PM-80 and MS-DOS, back in about 1982 or so. I thought C/PM was a superior product at the time.

One of the greatest "secrets" of the computer industry. Gate was a mediocre SW person, at best, by all accounts. His genius was in his marketing and distribution of a second rate product, which ended up running 80% of the PCs world wide at one point.

11 posted on 07/30/2007 10:59:28 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
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To: r9etb
This was purely about marketing, not technology.

The oft-told story of Kildall spurning IBM to fly his plane is deeply misleading. It was IBM's distribution and pricing of CP/M, which in the end was one of three operating systems offered with the first IBM PC, that ensured MS-DOS captured the market.

MS-DOS was sold for $40, CP/M was over $200. The rest is history.

12 posted on 07/30/2007 11:02:23 AM PDT by BigBobber
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To: ShadowAce

13 posted on 07/30/2007 11:02:38 AM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: ShadowAce
The greatest heist of the 20th Century - Gates essentially stealing from Kildall and building a $50B company by theft.

Partial list of people Gates stole from:


14 posted on 07/30/2007 11:14:37 AM PDT by ikka
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To: ShadowAce

I do appreciate your information and link. I fear that I am far too long in the tooth to tackle the LYNUX OS. Even going to the Apple stuff would possibly cause me a problem. No, after all these years I have came to the realization that “Black Screens” are as much a part of my life as is death. I am happy to be past the “JCL’ era.


15 posted on 07/30/2007 11:17:25 AM PDT by CHEE
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To: martin_fierro
Blue Screen of ... Life?

Complete with raster scanlines.

16 posted on 07/30/2007 11:17:32 AM PDT by Spirochete
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To: Liberty Valance
There's a Mac behind his shoulder.


17 posted on 07/30/2007 11:21:58 AM PDT by Spirochete
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To: CHEE
I still look for the DOS icon on my VISTA so I can have some control of my destiny. It’s not there, boo hoo.

Start/Run, cmd.exe, OK.

18 posted on 07/30/2007 11:34:14 AM PDT by Mannaggia l'America
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To: Liberty Valance

Sheesh! Who posed him for that picture? The fab five?


19 posted on 07/30/2007 11:39:13 AM PDT by laker_dad
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To: Spirochete
There's a Mac behind his shoulder.

Ha! You're right! I didn't notice it when posting... cool.
20 posted on 07/30/2007 11:45:37 AM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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