The story of MTH vs. Lionel

Inc. Magazine published a story about the MTH v. Lionel lawsuit which ultimately led to a $40 million judgment against Lionel.The article has a lot of good information in it, including insights on how Lionel and MTH came to be such bitter rivals. There’s lots of hearsay out there but aside from combing through very old magazine articles I never found much about the MTH/Lionel relationship that existed in the 1990s. This article isn’t a complete picture either but it gives details that I hadn’t seen elsewhere.

The article mostly paints a sympathetic picture of MTH, at one place saying “[MTH owner] Mike [Wolf] is not sparkling lily white in all this,” but not really elaborating. But I can’t blame the author for this.
Mike Wolf and MTH are willing to talk and Lionel isn’t.

It’s a story of industrial espionage and the downsides of using (or being) contractors, outsourcing, and overproduction, and the rise and fall of the American Dream. The question, yet unresolved, is whether it’s Mike Wolf’s American Dream that’s falling, or Joshua Lionel Cowen’s. Or both.

Side note: Speaking as a journalist, this article is a good reason why it’s good to talk to the press, even when your lawyers may not want you to. You have to win, or at least compete, in the court of public opinion as well as in the court of law. Run what you say through the lawyers if you have to, but make sure you say something. If you decline comment, the next-best place for the writer to get information about you is from the other side, which is the last place you want information about you to come from.

In this case, to look less like the bad guy, Lionel wouldn’t have had to say much of anything that damaged the case. Make some general statement about the case. Even if it’s rehashed from a press release, it looks better than “Lionel and its owners declined to comment for this story.” And then go in for the kill. “Why don’t you ask QSI what it thinks of MTH?” QSI is a former MTH subcontractor currently engaged in a separate lawsuit. QSI might not say much, but now the writer has some dirt on the rival to go chase down. It might have only resulted in one more line being in the story, something like, “Ironically, MTH, years after being a Lionel subcontractor, is now engaged in a separate and unrelated lawsuit with QSI, one of its former subcontractors.” With that information in the story, Lionel still doesn’t look like a poor, innocent little puppy (it isn’t), but it makes MTH look less like one (it isn’t either).

The government exists to protect and serve its citizens, not the other way around

“If I had to choose between government without newspapers, and newspapers without government, I wouldn’t hesitate to choose the latter.” — Thomas Jefferson

Today, half of U.S. high school students surveyed believe newspaper stories should require government approval. Pravda, anyone?We shouldn’t be surprised. Freedom of the press died in the U.S. schoolroom on January 13, 1988 when the Supreme Court ruled that high schools can censor student newspapers.

As an outspoken high school newspaper editor in the early 1990s, I argued that in the 1950s the biggest problems were kids running in the halls and chewing gum in class. By the 1990s, teen pregnancy wasn’t even in the top two. Drugs and guns had pushed it out.

I argued that high school journalists should be permited to pursue tough issues. Their chances of solving any of those issues approaches zero, but their chances of helping their readers to feel less alone were pretty good. And I wouldn’t have minded if the newspapers made the administration a bit more accountable too–this was only a year or two after Pump up the Volume came out, after all.

I also argued that school’s job was to teach kids how to operate in the real world, and if they spent their late teens in a totalitarian regime, then they wouldn’t know what to do with their freedom when they turned 18.

Does this new study prove I was right?

Democrats and Republicans both agree that the government’s job is to protect its citizens from thugs. Where they disagree is on the definition of the word “thugs,” and, to a lesser degree, on how to go about doing the protecting.

But that’s irrelevant. The government’s job is to protect its citizens from thugs is turning into Citizens’ job is to protect the government from thugs. That’s backwards.

Maybe we need to worry less about test scores and start making sure we teach the basics. I knew what libel was when I was in the seventh grade. We re-enacted the Trial of John Peter Zenger. I don’t know how many of my classmates remember it, but we were presented with the concept and we all knew, if only for a moment, why it was important. Chances are even if the names and dates and other details are forgotten, one who studied the case in school will at least be left with the gut feeling that government censorship of newspapers is wrong.

I don’t know what history and civics teachers are being told to teach today, but obviously the constitution is lacking in the curriculum.

And that’s a problem, because once the First Amendment falls, most of the others will fall right with it, and the few that manage to remain won’t be worth having anymore anyway. I suspect that’s why Jefferson, who couldn’t open a newspaper without reading someone blasting something he’d done or not done, still considered newspapers more important than government.

Lionel bankruptcy

Lionel bankruptcy

It was all over the news when it happened. Lionel, the train maker, filed Chapter 11 on Nov 16, 2004. But a lot of the news stories got some critical details wrong. It’s not the first time a Lionel bankruptcy confused people.

Lionel has been bankrupt before, but the company has changed ownership numerous times so it’s not the same legal entity that went bankrupt in the 1930s and 1960s. There have also been numerous rumors about bankruptcy after 2004. These are usually dealers trying to create artificial demand to clear inventory.

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Thoughts on backups

Backups have weighed heavily on my mind lately. When you have 125 servers to tend to at work, chances are one of them is going to fail eventually. Really what seems to happen is they fail in bunches.

One of my clients has a problem. He’s out of capacity. And that’s gotten me thinking about backups in general.You see, my client’s golf buddies are telling him nobody backs up to tape anymore. Backing up to disk is the hot thing now. Here’s the theory. Your network is fast, right? Why make it wait on the tape drive? Back up all your servers to disk instead, and they can all back up at once, and hours-long backups take minutes instead, and restores take seconds. And no more paying $3,000 for tape drives and $6,000 for a rotation of tapes for it!

Now here’s the problem. A CIO hears "disk" and he thinks of that 400-gigabyte IDE drive he saw in the Sunday paper sales ad for $129 with a $60 mail-in rebate. (It wasn’t really quite that big, and it wasn’t really quite that cheap, but these things are always better on Monday morning than they were the day before.)

No enterprise bases something as important as backups on a single consumer-grade IDE disk. For one thing, it won’t be fast enough. For another, they’re not designed to be used that heavily, that frequently. An enterprise could get away with something like HP’s $1200 entry-level NAS boxes, which use cheap IDE drives but in a RAID configuration, so that when one of those cheap disks fails, it can limp along for the rest of the night until you swap out the failed drive. The chances of one drive failing are small but too large for comfort; the chances of two drives failing at once are only slightly better than Ronald Reagan winning the Republican primary this year. With Abraham Lincoln as his running mate.

One can set up some very nice backups on a Gigabit Ethernet setup. Since Gigabit’s theoretical bandwidth is about 3 time that of Ultra320 SCSI’s theoretical bandwidth, you can back up three servers at once at full speed. Drop in a second NIC, and you can back up six. In reality, the disks in the NAS box can’t come close to keeping up with that rate, but the disk can still back up everything much faster than tape will. Even a lightning-fast state of the art 200/400 GB LTO drive.

Frankly, with such a setup it becomes practical to back up your most important servers over the lunch hour, to avoid losing half a day’s work.

But you don’t get it for $129.

And in reality, no enterprise in its right mind is throwing out tapes either. If they back up to disk, they spool that backup to tapes the next day, so they can store the tapes offsite for archival and/or disaster recovery purposes.

How important is this? I remember about a year ago getting a request for a file that was changed in the middle of a week, and the person wanted that copy from the middle of the week, not from our Friday backups that are archived longer. Even with a tape rotation of 40 tapes, I couldn’t get the file. The tape had been overwritten in the rotation a day or two before.

While rare, these instances can happen. A 40-tape rotation might not be enough to avoid it. Let alone just a couple hundred gigs of disk space.

But what about home?

Consumer tape drives had a terrible reputation, and based on my experience it was largely deserved. The drives had a terrible tendency to break down, and the failure rate of the tapes themselves was high too. The lack of comfort with enterprise-grade tape that I see in my day-to-day work may stem from this.

The last time I was in a consumer electronics store, I don’t think I saw any tape drives.

I suspect most people back their stuff up onto optical disks of some sort, be it CD-R or RW, or some form of writable DVD. The disks are cheap, drives that can read them are plentiful, and if floppies are any indication, the formats ought to still be readable in 20 years. My main concern is that the discs themselves may not be. Cheap optical discs tend to deterriorate rapidly. Even name-brand discs sometimes do. We’ve had great luck with TDK discs ever since Kodak took theirs off the market, but all we can say is that over the course of three years, we haven’t had one fail.

The last time my church’s IT guy called asking about backups, we happened upon a solution: a rotation of USB hard drives. Plug it in, back it up, and take the drive home with you. It’s cheap and elegant. Worried about the reliability of the drives? That’s why you use several. Three’s the minimum; five drives would be better. Use a different drive every day.

It’ll work, and it’s pretty affordable. And since the drives can be opened up and replaced with internal drives, it has the potential for cheap future upgrades.

How about the reliability of hard drives? Well, I have a box full of perfectly readable 120-meg drives in my basement. They date from 1991-1993, for the most part. I bought them off eBay in the mid 1990s, intending to put them in computers I would donate to churches. The computers never materialized, so the drives sat. I fire one up every once in a while out of curiosity. The copies of DOS, Windows 3.1, and the DOS Netware client that were on them when I got them are still there.

Some technology writers have observed that modern IDE hard drives seem to have a use-by date; they just seem to have a tendency to drop dead if they sit unused for too long. I see this tendency in a lot of devices that use inexpensive electric motors. Starting them up every once in a while and giving them a workout to keep the lubricants flowing and keep them from turning glue-like seems to be the best way to keep them working.

At this stage, I’m less worried about the long-term viability of hard drives than I am about optical discs. Ask me again in 20 years which one was the better choice, and I’ll be able to answer the question a lot better.

If you’re stuck using optical discs, the best advice I can give is to use a brand of media with a good reputation, such as TDK, make multiple copies, and store them in a cool, dark, dry place. The multiple copies should preferably be stored in different cool, dark, dry places. Light seems to break down optical discs, and cooler temperatures as a general rule slow down chemical reactions. Dryness prevents chemical reactions with water and whatever the water might manage to pick up.

If you use Mozilla, you need to read this

No sooner than I presented Mozilla, specifically Mozilla Firefox, as a safe alternative to Internet Explorer did an exploit for Mozilla show up. Argh!

At least the fix came out swiftly and installs painlessly. Visit the page, click another link, wait a minute or so, and then restart the browser. Badda bing, badda boom, you’re patched. No reboot necessary.I still stand by my recommendation of Mozilla, whether it’s the entire bloatware Mozilla suite or the lightweight Mozilla Firefox, over IE. Why? Lessons learned from Linux.

When a vulnerability is discovered in a Microsoft product, an unpredictable length of time passes before the vulnerability is patched. Sometimes it’s a matter of days, but sometimes the length of time is just plain ridiculous. Forgetting for a minute how frequently patches come out–a case can be made that Linux gets more patches than Windows but just as strong of a case can be made that it gets less–the length of time that passes between the instant the vulnerability is discovered and announced and the release of a patch is usually very small. Usually it’s a matter of hours.

The reason is simple. Lots and lots of eyeballs looking at the code. And in Open Source, having your name in the code is a badge of honor. It’s a big, big line on a resume to say you wrote a line of code in the Linux kernel.

Other open-source software gets patched just as quickly, however. Not every open source programmer is comfortable maintaining operating system kernels. And no self-respecting programmer wants his or her system hacked due to a vulnerability in a piece of software she or he was perfectly capable of fixing.

This particular vulnerability stems from a little-known capability in Mozilla. I’m sure there was a legitimate use for it at one time, but were Mozilla being designed and rewritten from scratch today, I can’t see how it would possibly be implemented because the potential for abuse is huge. The code’s gone now. It won’t be in Firefox 0.92 or the next revision of the Mozilla suite.

Will there be other instances of this? Sure. Probably less of it, since Mozilla was a total rewrite of Netscape and the engine is entirely different from the one in Netscape 4.x. The IE codebase goes back to the early 1990s, as it’s based on the old NCSA Mosaic code, which Microsoft licensed from Spyglass. (Go into IE and hit Help, About to see for yourself.) There’s much more potential for harmful dead wood in IE than in Mozilla, but the presence of some in either is inevitable.

But at the end of this year’s storm season, I expect Mozilla to come out a lot stronger because most of the dead wood will be shaken out. I don’t expect the same from IE. The codebase is too old, the teams too disparate, and the motivations behind the changes that have been made were too different from Mozilla.

I’m standing by my browser.

I miss my rivalry

So, the St. Louis Cardinals are traveling across the state for a much-anticipated series with the Kansas City Royals. Even when the series was meaningless, it could always be counted on for at least a few potshots, or something.

Not this year. I was born a Royals fan and I’ll die a Royals fan, but this year, I find myself agreeing with the St. Louis columnist.The Kansas City press has barely even noticed the Cardinals are coming to town. I can’t link directly to the stories because the Kansas City Star requires registration, but they’re all talking about Carlos Beltran.

Carlos Beltran is arguably the most talented human being to ever wear a Royals uniform. George Brett, as great as he was, didn’t have Beltran’s abilities. Bo Jackson did, but he spent less time in a Royals uniform than Beltran, thanks to an injury suffered in his unusual hobby. Maybe Amos Otis had them, but few people outside of Kansas City know much about A. O., and he didn’t have Beltran’s durability. Beltran got better as the season progressed, while A. O. generally got worse.

Now, the Royals deserve credit for getting something for Beltran, which is more than I can say for what they got for Kevin Appier or Jermaine Dye when they sold them off. The Royals pried a starting pitching prospect out of Oakland, who seems to have a knack for developing pitchers without destroying their arms. They also got a line-drive-hitting third baseman who bats left-handed. If he’s half as good as the last one of those the Royals had, they’ll be happy. They also got a catcher who can hit. The last one of those they had was Don Slaught, but Slaught made his name in Pittsburgh. The last one of those they had before Slaught was Darrell Porter.

Getting the first-round draft pick from whoever signed Beltran would have been nice, but this deal gives the Royals the catcher they need now, as well as a starting pitcher they need now, and the third baseman they’re going to need next year.

Only time will tell whether that first-round draft pick would have been another Carlos Beltran or another Jeff Austin, and only time will tell if one of these guys is going to be another Jermaine Dye or if all of them are going to be A. J. Hinch.

I have a hard time not blaming the Royals for not wanting to pay Carlos Beltran $18 million. The Royals would be much better served by six slightly above-average players, each making an average of $3 million. Besides, injuries are a funny thing. The Royals are still stinging from giving Mike Sweeney a lucrative long-term contract, only to see him struggle with injuries the past two years. When you’re the Yankees, you can afford to take that risk. When you’re the Royals, you can’t. Right now, Carlos Beltran looks like Willie Mays. But he’s only an injury or two away from being Andre Dawson. A major injury could turn him into Mark Quinn.

So what’s Jeff Gordon saying here in St. Louis?

He’s lamenting that back in the 1970s, the Royals were baseball’s model franchise while the Cardinals languished. And today, the Royals are able to develop star players but unable to keep them, while the Cardinals field a team of perennial All-Stars. Both teams have their problems, but the Cardinals’ problems don’t push them into last place, and while they disappoint fans, they don’t alienate them.

The sad thing is, the worst thing the Royals could do to the Cardinals this year is trade their best player to one of the Cardinals’ Central Division rivals.

Wait. That’s exactly what they just did.

And maybe, just maybe, after age and media pressure catches up with Carlos Beltran and he turns into more of an Andre Dawson than a Willie Mays, maybe once again, the Royals will be able to afford him, and maybe a little bit of sentiment and nostalgia will kick in, and maybe the more enduring half of dos Carlos who captured the imagination of Royals fans in the late 1990s will decide it would be nice to end his career where he started.

Thanks for the memories, Carlos. I know this doesn’t have to be goodbye.

And I hope you don’t take this personally, but in the meantime, I hope we don’t miss you too much.

Salary cap? Baseball needs something

Funny how now that the New York Yankees have added the most expensive sports contract in history, Alex Rodriguez, to their already outrageously priced roster, suddenly the freespending Boston Red Sox, owner of the second-most expensive sports contract in history and the second-highest payroll in baseball, are calling for a salary cap.

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Gateway buys eMachines

Gateway is hoping that its quarter-billion-dollar purchase of eMachines will help it turn around and make it the #3 PC maker in the United States. Seeing as eMachines is consistently #3 in terms of sales, eMachines plus anything is probably the #3 vendor.

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The first PC I ever built

I’ve noticed a disturbing trend lately: Everyone who built his own PC knows everything. Just ask him.
Now, don’t get me wrong: It’s admirable to build your own PC rather than just buying Dell’s special of the week (although some people would be better off just doing exactly that), and it does require at least skill with handling a screwdriver. But it’s not what it used to be. Today, building a PC makes you know something. It no longer makes you an expert.

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DietLinux — a Linux that boots in under 10 seconds

The tinkerer in me just couldn’t stay away. I saw a reference on Linux Weekly News to DietLinux and had to look at it.
DietLinux is an example of a Linux distribution that can’t properly be called GNU/Linux, because the majority of its userspace didn’t come from the GNU project. GNU’s libc–the main API for Unixish systems, and I’ll call Linux a Unix just to hack off SCO–is replaced with an alternative, trimmed-down libc called dietlibc. It’s not feature-complete but it’s tiny. Those of you who programmed casually in the 1980s and 1990s probably remember a day when you could write a fairly sophisticated program in a few kilobytes. Under modern operating systems, a simple program that simply emits “Hello, world!” can take up 32K or more. Using dietlibc instead of GNU’s libc shrinks that program back down to a couple of kilobytes.

The majority of DietLinux’s userspace comes from Felix von Leitner, the author of dietlibc. Von Leitner reimplemented init–the program that bootstraps a Unix system once the kernel is loaded–and getty, which is the program that handles text-based logins. These unglamorous programs can eat up a fair chunk of memory, and since Unix systems typically go for long periods of time without being rebooted, it’s a bit of a waste unless you need certain features provided by the more traditional init and getty programs. He also wrote replacements for several standard utilities.

Obviously, not every program in the world designed for glibc will compile and run under dietlibc, so DietLinux won’t ever be a complete general-purpose distribution. But for network infrastructure glue-type servers providing services like firewalling, DNS and DHCP (all of which already function), it would be perfect.

I don’t know what the future plans for DietLinux are. The asmutils provide an impressive number of userspace and server utilities, written in assembly language with very low overhead, and would appear to be a nice complement to DietLinux’s infrastructure. Their use would limit DietLinux to x86, however. And the text editor e3 is tiny, full-featured, and emulates keybindings for vi, emacs, WordStar, and Pico, so it’s friendly to pretty much any command-line jockey regardless of heritage and takes little space.

It’s also not a newbie distribution. Installation requires a fair bit of skill and pretty much requires an existing Linux system to bootstrap it.

But it’s definitely something I want to keep an eye on. I’m highly tempted to put it on one of my 486s. I just wish I had more time to mess around with it.