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Novell Responds To Microsoft's IP Claims

Posted by ScuttleMonkey on Mon Nov 20, 2006 10:38 PM
from the just-can't-help-themselves dept.
Azul writes "Ron Hovsepian, Novell's CEO, has posted an open letter to the Community, where he explicitly states Novell's disagreement with Steve Ballmer's claims of Linux infringing on Microsoft's intellectual property. From the letter: 'We disagree with the recent statements made by Microsoft on the topic of Linux and patents. Importantly, our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property. When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents.'"
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[+] Ballmer Says Linux "Infringes Our Intellectual Property" 820 comments
Stony Stevenson writes "In comments confirming the open-source community's suspicions, Microsoft CEO Steve Ballmer Thursday declared his belief that the Linux operating system infringes on Microsoft's intellectual property." From the ComputerWorld article: "In a question-and-answer session after his keynote speech at the Professional Association for SQL Server (PASS) conference in Seattle, Ballmer said Microsoft was motivated to sign a deal with SUSE Linux distributor Novell earlier this month because Linux 'uses our intellectual property' and Microsoft wanted to 'get the appropriate economic return for our shareholders from our innovation.'" His exact wording is available at the Seattle Intelligencer, which has a transcript of the interview. Groklaw had an article up Wednesday giving some perspective on the Novell/Microsoft deal. Guess we'll have something to talk about in 2007, huh?
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  • by yagu (721525) * <yayagu@@@gmail...com> on Monday November 20 2006, @10:40PM (#16924876) Journal

    Driving that train, high on cocaine.
    Casey Jones is ready, watch your speed.
    Trouble ahead, trouble behind
    And you know that notion just crossed my mind.

    With a beginning like this, who knows? They got the O.J. special and book release canceled!

    Goodness, if the heads of the two "agreement" corporations are on pages so far apart for this deal, how can this possibly work? Reminds me of the IBM/Microsoft marriage for work on OS/2, which Microsoft continued to claim was blissful right up until the time they got enough ideas for their own Windows replacement and unceremoniously dumped IBM. Too bad, too... OS/2 (while not my fave) was a pretty decent system for its time.

    • Rule of thumb... (Score:5, Insightful)

      by Ungrounded Lightning (62228) on Monday November 20 2006, @11:18PM (#16925192) Journal
      A rule of thumb when dealing with Microsoft.

      Microsoft ALWAYS shafts their partners.

      I've watched it happen repeatedly with big-name and little-guy companies here in the valley, and seen news of it elsewhere.

      Cutting a deal with Microsoft is an invitation to big trouble and I fail to see how companies keep falling for it. (Perhaps there IS something to the PHB stereotype.)

      Cutting a deal with Microsoft for (limited) licensing of their patents is an invitation to accusations of IP infringement - and the first shoe has just dropped.

      But (like reading Microsoft source code) it's also an invitation to accidentally contaminating the open-source code base with actual Microsoft IP.

      I expect THAT to be the second shoe - with Microsoft first FUDding up the customers, then going after Linux ala SCO, but with their ducks correctly aligned before filing the first suit.
      • Re: (Score:3, Insightful)

        by Anonymous Coward
        It's reasons like this why Debian is so anal about the definition of "free". This is why I stick with Debian.
    • by Anonymous Coward on Monday November 20 2006, @11:23PM (#16925222)

      Casey Jones is ready, watch your speed.

      Is this a commonly misheard lyric or something? It's "Casey Jones you better watch your speed.".

      The lyric as you wrote it doesn't even make sense.

    • by stox (131684) on Monday November 20 2006, @11:55PM (#16925422) Homepage
      Dear Novell Executives:

      How many company's have entered into collaborations, with Microsoft, that did not end up with a rectal aperture far exceeding that of goatse? How many did? So, do you actually fell that lucky? Talk about a long shot. Well, I'm sure you are all busy packing your golden parachutes, and will be long gone before the fecal matter hits the rotary device.
      • by grub (11606) <slashdot@grub.net> on Monday November 20 2006, @11:02PM (#16925068) Homepage Journal

        Unlike with Windows, I doubt Microsoft could pull it off though ... the Linux advocates are too anti-Redmond to adopt a M$ linux clone.

        The advocates (zealots?) wouldn't be the target market. MS would market it to the MCSEs and other who are MS-centric as 'Linux Done Right', offer full MS support, ease of installation and a sole-source supplier (MS themselves).

        It would make MS billions of dollars.
      • by postbigbang (761081) on Monday November 20 2006, @11:34PM (#16925292)
        Although I'll give them credit for a lot of code, good old BSD is the well from whence many operating systems drink.

        Given re-invention of code, or code I can 'steal', I'll look at good code and glean the best from it any time. So did Microsoft. So did IBM. So did Novell. It's the sincerest form of flattery, after all.
        • by countach (534280) on Tuesday November 21 2006, @12:23AM (#16925600)
          I don't really see the problem with all this. Microsoft and Novell can say and do anything they like about patents, but it doesn't make a patent problem arise where there was none, nor does a lack of agreement make one disappear if there was one. Novell got a few hundred million bucks out of MS, and it doesn't affect anybody else one whit. Why not let em have it?
  • Isn't the following statement in effect confirming Ballmer's ascertation that Linux users are violating Microsoft's patents?

    "In this agreement, Novell and Microsoft each promise not to sue the other's customers for patent infringement. The intended effect of this agreement was to give our joint customers peace of mind that they have the full support of the other company for their IT activities."

    If Novell did not believe that Linux users were accountable to Microsoft for using these technologies, why would they look to protect these users? Sure, it's great to offer this indemnification clause for the largest of corporate clients (who have at least some reason to be cognizant of the risk of MS litigation), but by doing so he seems validate Ballmer's views.

    I can see it now ... The next big legal battle will be Microsoft vs. the world.
    • Re: (Score:3, Insightful)

      Why has there been now news of Balmer's delusions until now?????

      If was posted @ http://www.wservernews.com/ [wservernews.com] back on Friday?????

      Here we go again. SCO part II only this time it a direct attack. Not a proxy attack.

      Novell is a pawn in the action.
    • "If Novell did not believe that Linux users were accountable to Microsoft for using these technologies, why would they look to protect these users?"

      Oh, I can think of at least 348 million reasons why...
      • by Fnkmaster (89084) on Monday November 20 2006, @11:44PM (#16925362)
        And for a company that broke even last year on an operating income of $100M and has a total market cap of about $2B dollars, that payment was not at all a trivial matter. Hovsepian would have been remiss to his shareholders to not sign it. Patent cross-licensing agreements are pretty damned commonplace.

        I think the Novell guys probably realized there was some bad PR potential, but didn't see anything particularly bad in the agreement and saw lots and lots of greenbacks, plus the opportunity to use MS as a distribution channel. This seemed like a sweet deal when they looked at it. I just don't think they realized quite how negative the reaction would be.
    • by civilizedINTENSITY (45686) on Monday November 20 2006, @11:33PM (#16925278)
      "Isn't the following statement in effect confirming Ballmer's ascertation that Linux users are violating Microsoft's patents?"

      Consider the symmetry of the contract:

      Novell and Microsoft each promise not to sue the other's customers for patent infringement

      Therefore, using your assertion, it must be equally true that Microsoft is admitting that stollen Novell code is in Microsoft's codebase.

      ;-)
      • by ldj (726828) on Monday November 20 2006, @11:02PM (#16925070)
        The best move would be for users to ditch distributions that do not provide patent indemnification or to seek out third-party indemnification. If anything, Novell ought to be cheering Ballmer for steering more people in their direction.
        I think the best move would be for people to revolt against the silly software patent insanity and refuse to play that game. The sooner we bring the software patent stew to a boil, the sooner we can move towards a balanced and healthy legal system in which to grow new technologies.
              • There are very few original ideas and what original ideas there are are already in the queue to have themselves patented. The only reason you think that software patents shouldn't be given the same amount of respect as any other patent is because you work with software every day.

                Two-things: You're correct, there are few "original" ideas. And I would say any idea that isn't original (or is blatantly obvious) shouldn't be patentable. Technically you're not supposed to be able to patent an obvious or non-original idea, but regular slashdot readers will remember a litany of patent cases where the idea was obvious, unoriginal, or described something so broad and vague as to preclude all possible competition. If that rule was enforced, I wouldn't have a problem with software patents. But you actually make the point of the GP-poster who I think was pointing out (correctly) that there are WAY TOO MANY patents for software being issued, to the point that it is stifling creativity rather than encouraging it.

                Secondly... You're comparing apples and giraffes... A patent for a TV-set is a patent for a device and the device alone... and not even for the whole device, but for parts of the device... They don't have a patent on the idea of viewing video over a cathode-ray-tube, they have a patent on an implementation of technology to ACHIEVE the viewing of video over a device in your home. If you can create a TV-set that works without the patented technologies you would be free to sell it without any license from anybody. This is as it should be--if your TV-set works better than the patented model then the patent has achieved its goal--it allowed the orginal inventor to get something for his work, while enticing you to evolve the tech to the next level. The key is, you have to PRODUCE something that WORKS in order to get a patent.

                Software patents, as they've been used to date, are doing just the opposite. Software patents are being granted for basic, "helloworld.c" implementations of broad and complex concepts... "Software" developed not to create a marketable or usable product, but for the pupose of acquiring a patent that can later be used to hijack a successful competitors profits. "Oops, we realized a patent we filed a few years back might apply to your product. Please pay us several billion dollars." The patent-related-extortion of RIM comes to mind... Rather than create real products and patenting the original/unique components of THOSE products, they're instead setting up dozens or hundreds of projects whose goal is to achieve a patent, and not to actually bring any workable product to market. Instead of giving consumers access to MORE technology, as more of these bogus astroturf patents get filed, the effect is actually opposite: Innovators who can't afford to pay high licensing fees (or patent-search fees to an attorney) simply can't relase their products in any way that they can easily profit from, for fear of being sued into destitution by an "inventor" (whose "invention" was written as a fifty-line C program by a CS-grad student) who suddenly comes out of the woodwork waving a patent your search didn't find, and wanting half of your profits.

                In fact, the RIM case should really underline the absurdity of the patent-situation in the software world, because the patents RIM was sued over were eventually invalidated, but RIM still was out several hundred-million from a settlement they made, and from attorneys fees. Even INVALID patents can be worth hundreds of millions of dollars with the right lawyer and low-enough ethical standards for yourself. THAT stifles competition, and THAT is just plain broken.
              • by RodgerDodger (575834) on Tuesday November 21 2006, @01:50AM (#16926384)

                Let's say you started a company that builds televisions. Do you think you could build a television without encroaching on a patent held by any of the other television makers?


                No, but... I wouldn't expect the people who buy the televisions I build to be liable for the patent infringement I do.

                In no sane world should the _users_ of Linux systems be liable for patent infringements. The individual people who committed the infringing code may be, but the users shouldn't be. Simply possessing the infringing source code shouldn't be counted as infringing.
          • I agree with you, but I say the probability of infringing code is almost certainly very close to 1. You can't write anything that is non-trivial without stepping on a patent claim these days, and Microsoft likely owns at least one of them. The problem is that this meme competes with another meme, which I like to think of as the "irrational other player" meme. Everyone loves to think of Microsoft (and lawyers in general) as being insane. So rather than say "what would Microsoft have to gain by suing me?" and basing rational decisions on that, they say "I don't want Microsoft to be able to sue me" which, if you're writing or using software these days, is an impossible task.
      • It is, after all, the case that the fear of being sued is enough to keep some corporations from using software. Novell's intention was merely to mitigate fear to increase sales.

        That MIGHT be reasonable ... if Linux's marketshare was flat or declining.

        But Linux has been seeing double digit growth for years now. Linux server sales are growing faster than Microsoft's server sales. Sure, Microsoft has a larger share of the market right now so it doesn't take as much for Linux to grow faster ... but that doesn't

  • Deal Novell Out (Score:5, Insightful)

    by Frosty Piss (770223) on Monday November 20 2006, @10:43PM (#16924906)
    Novell is feeling the backlash of their decision to cozy up to Microsoft, but this is just spin, it means nothing. The business arrangements that Novell made with Microsoft are what counts, and they still stand. It's time to deal Novell out of the Open Source pie, we must not allow them to taint Linux with "Microsoft IP".
    • Re:Deal Novell Out (Score:5, Insightful)

      by strider44 (650833) on Monday November 20 2006, @11:07PM (#16925116)
      On the contrary. I think this is a great tactic of dealing with Microsoft: Take a few hundred million dollars from them and at all the parties say "I'm not with him!" Lets face it, Novell's been paid a few hundred million dollars to give the impression that there are patent problems with Linux, yet they've spun around and said "We don't think there are patent problems in Linux" and started talking about how Microsoft got the better of the deal by licensing Novell's patents!

      For some reason this really tickles my funny bone.
        • Re:Deal Novell Out (Score:5, Interesting)

          by Anonymous Coward on Tuesday November 21 2006, @04:38AM (#16927836)
          I work for SUSE/Novell and my job involves working on GPL'd software.

          Do you really think that Microsoft is going to be handing us source code to their proprietary applications? Seriously? Because that's not ever going to happen and I'm not sure what makes you think that it would. I mean, this is Microsoft we're talking about. They don't even like to share source internally from what I hear, and none of us have any interest in seeing closed source in the first place.

          Do you really think that any of us engineers, us "jerk-off[s] from Novell", are going to intentionally harm Linux? Seriously? The same Linux that many of us use at work and at home, the same Linux that many of us have been using for upwards of sixteen years? No, we're not going to intentionally "open the flood gates for M$ litigation" because that doesn't make any sense. I know, I know, you're enjoying the hysterics and you don't actually know what's going on so you're stirring up the pot all the same, but, really, why would we do that? Honestly, ask yourself, why would those of us who get to have the dream job of writing open source software intentionally poison Linux? Calm down.

      • That's bullshit. (Score:5, Insightful)

        by khasim (1285) <brandioch.conner@gmail.com> on Monday November 20 2006, @11:07PM (#16925122)
        Maybe, but corporate clients need interoperability, and this relationship will eventually provide them with a greater degree of Windows/Linux interop than they have today (while providing them with some of the legal protections they desire).

        Microsoft has 100% access to the source code for Windows AND for Linux. If Microsoft wanted "interoperability" then Microsoft is in the best possible position to just do it.

        And Microsoft can release any specs at any time so Linux could implement "interoperability" improvements.

        The fact that Microsoft does not do either should tell you all you need to know about the "interoperability" bullshit.
          • by khasim (1285) <brandioch.conner@gmail.com> on Tuesday November 21 2006, @12:01AM (#16925456)
            The problem is, you're wrong.

            So Microsoft has released the specs to allow Linux to interoperate with Windows? Tell me more ...

            Now, granted, these are not the keys to the Windows kingdom, but it's a step in the right direction, and Microsoft should be encouraged to get as many specs out into the Open as possible, as soon as possible.

            So by "interoperate" you mean ... "not interoperate"

            And by "you're wrong" you mean ... I'm actually correct.

            Come back when Microsoft opens up NTFS or Active Directory, okay? Or even when Microsoft has 100% support for ODF, as a default option, out of the box.

            Like I said, Microsoft has access to all of the Linux code AND all of the Microsoft code.

            Microsoft can open any spec it wants, whenever it wants.

            Any other talk about "interoperability" is pure bullshit.
          • Is there a legally binding agreement not to sue if you use them? Then it's worthless.

            Having a patented spec be visible doesn't make it open, and is SURE doesn't make it free.
            • Re:That's bullshit. (Score:5, Informative)

              by belmolis (702863) <[billposer] [at] [alum.mit.edu]> on Tuesday November 21 2006, @12:49AM (#16925812) Homepage
              People say that Microsoft doesn't innovate, but those same people complain that they are being locked out of Microsoft technology if they don't use Microsoft products. Seems a funny argument.

              There's nothing funny about it - it makes perfect sense even if you believe that Microsoft doesn't innovate. One of the reasons people say that Microsoft doesn't innovate is that MS has a history of buying or in some cases acquiring in more underhanded ways, innovations from other companies. In such cases, there may be innovations that one would want to interoperate with, but they don't originate with MS. Secondly, the desire to interoperate with MS software has nothing to do with whether MS software is innovative. So long as significant numbers of people use MS software, other people will have an interest in interoperating. For example, I may have to deal with documents that people send me in MS Word format, but that doesn't mean that I think that there is anything innovative or otherwise attractive about that format. I'm stuck with other people's choices.

        • Re:Deal Novell Out (Score:5, Informative)

          by spisska (796395) on Tuesday November 21 2006, @12:45AM (#16925770)
          Is there any strong evidence that Microsoft was actually behind the SCO incident?

          Sort of.

          It's been known for a while that to help out with the lawsuit SCO recieved a massive cash injection to the tune of $40 million or so from Baystar Capital. Baystar is a VC company that controls a lot of Microsof money.

          Since the time of the investment until a few weeks ago, the offical line was that Baystar acted on its own, and the fact that it was Microsoft capital being used to bankroll SCO's legal team was a mere coincidence.

          But then maybe a month ago, the court heard testimony that not only did Microsoft know about Baystar's investment into SCO, but that the investment was at least encouraged (at worst, ordered) by Microsoft.

          You can find all the relevant court documents, commentary, and links on Groklaw.

          Not quite a smoking gun, but very compelling evidence that Redmond was putting its money where its mouth was, at least in a roundabout and obfuscatory way. There are no serious suggestions that what Microsoft did is actionable, yet it is pretty clear that they were up to their same old dirty tricks

  • What the fuck? (Score:5, Insightful)

    by khasim (1285) <brandioch.conner@gmail.com> on Monday November 20 2006, @10:44PM (#16924928)
    Our interest in signing this agreement was to secure interoperability and joint sales agreements, but Microsoft asked that we cooperate on patents as well, and so a patent cooperation agreement was included as a part of the deal. In this agreement, Novell and Microsoft each promise not to sue the other's customers for patent infringement. .....
    When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents.

    So you signed a deal with Microsoft ... over patents ... that you claim do not exist?

    Yeah, that makes a lot of sense.

    Here's a free clue, you idiot. That last company that talked about "protecting" end users from being sued was ... SCO.

    You might want to look at how beloved they are at the moment.
  • by strider44 (650833) on Monday November 20 2006, @10:46PM (#16924938)
    Microsoft just wasted a few hundred million dollars? Congrats to Novell...
  • by phrostie (121428) on Monday November 20 2006, @10:50PM (#16924978)
    even giving them the benefit of the doubt, they should have read the fine print.

    they've sold the community for 30 pices of silver.
    • by myowntrueself (607117) on Monday November 20 2006, @11:19PM (#16925200)
      they've sold the community for 30 pices of silver.

      Except that in the case of Judas the 30 pieces of silver were a legal requirement; had he refused the money then his evidence would have been inadmisible under the Law.

      The idea was that in order to prove that the evidence was given in good faith, the witness had to accept payment.

      In Novells case, I don't think this holds...
  • by pembo13 (770295) on Monday November 20 2006, @10:51PM (#16924984) Homepage
    Novel seems to be essentially saying that they agree and disagree at the same time on a topic which was part of their formal agreement. This may make sense to a lawyer or CEO, but seems highly illogical to me. Furthermore, it seems safe to say that any business agreement with Microsoft ultimately benefits only Microsoft, the people over are great at that. I may dislike many aspect of the Microsoft Corp. but they are darn skillful business men. I'm just happy that I don't use Suse.
  • Empty words (Score:4, Insightful)

    by Augusto (12068) on Monday November 20 2006, @10:52PM (#16924996) Homepage
    What matters is what Novell agreed with Microsoft, and that says it all.

    Novell can say all it wants, but you can't fool everybody all the time. This makes this company look either totally naive and stupid, or blatant liars.
  • Encouraged... (Score:5, Insightful)

    by TropicalCoder (898500) on Monday November 20 2006, @10:59PM (#16925050) Homepage Journal
    I for one feel at least encouraged by the fact that obviously Novel is very sensitive to criticism over this. I would like to even believe that they are reading Slashdot. If nothing else, that would be a very positive development. If major players and decision makers begin reading Slashdot and become sensitive to it, that would be a very positive thing for us all. Though the first few comments to this latest news show considerable skepticism, many others in previous discussions had come to the conclusion that there is really nothing to worry about.
  • They've agreed to disagree, or so they say.
    We at Microsoft respect Novell's point of view on the patent issue, even while we respectfully take a different view. Novell is absolutely right in stating that it did not admit or acknowledge any patent problems as part of entering into the patent collaboration agreement. At Microsoft we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products. We are gratified that such a solution is now in place.
    http://www.microsoft.com/presspass/press/2006/nov0 6/11-20Statement.mspx [microsoft.com]
  • by Augusto (12068) on Monday November 20 2006, @11:01PM (#16925062) Homepage
    http://www.groklaw.net/article.php?story=200611202 03431766 [groklaw.net]

    In that case, with all due respect, you should not have signed an agreement called a patent cooperation agreement that gives Microsoft the opportunity to say the things Mr. Ballmer has been saying. I believe that is obvious now. And you should have considered the GPL, its importance to the community, and considered what paying royalties means in that context. And we hope you will fix this.

    And MS ...

    Microsoft and Novell have agreed to disagree on whether certain open source offerings infringe Microsoft patents and whether certain Microsoft offerings infringe Novell patents....

    We at Microsoft respect Novell's point of view on the patent issue, even while we respectfully take a different view. Novell is absolutely right in stating that it did not admit or acknowledge any patent problems as part of entering into the patent collaboration agreement. At Microsoft we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products. We are gratified that such a solution is now in place.
  • by chill (34294) on Monday November 20 2006, @11:05PM (#16925092) Journal
    The bigger the corporation, the more lawyers work for it. Novell, while just a shadow of what they once were, still thinks like a big corporation. Threat or not, they knew that many of their corporate customers -- you know, the paying ones -- had their own lawyers whispering in their ear. It was worth a certain amount of money to them to not have to put the effort into figuring out if they were violating patents or not. The perception was there and that money now gives the perception of safety.

    What the suits didn't understand is that while Linux is moving more and more into the corporate space, at its core it is still a community driven project. They drastically underestimated that community's dislike and distrust of Microsoft.

    Good luck to them trying to serve both masters.
  • by astrashe (7452) on Monday November 20 2006, @11:06PM (#16925100) Journal
    My gut reaction to this deal is very negative.

    I really like a lot of what Novell has done on the desktop, and some of the mono desktop apps are pretty terrific. But I sort of feel like I ought to be moving toward KDE now, and distancing myself from anything mono.

    The question I have, though, is about the patents. Either MS has patents that can be used to attack linux or they're pulling another SCO on us.

    So much of the argument against Novell hinges on the fact that they're enabling MS with this deal. As I understand the argument, it says that corporate customers will buy Novell, to be safe from potential lawsuits. If MS can pick off a critical mass of commercial users who are willing to pay, they can start to sue other people without damaging relationships with their large corporate customers. Even non-novell customers will have a way out -- they can buy Novell.

    If MS has these patents, do we really believe that fear of alienating their customers is enough for them to refrain from suing people? Couldn't they sue IT companies -- linux companies, IBM, etc., without damaging their relationships with large corporate customers? And aren't those large customers so locked in that they really don't have anywhere to go if they're alienated, anyway?

    To me, this really isn't about Novell. I don't pay them, and I don't code for any projects, so I understand that they don't really care about me. It would be irrational for them if they did. But this sort of burns the bridge to Novell and mono as far as I'm concerned. That's done.

    But how big is this threat? Is this the beginning of legal threat spanning years and years. with fronts opening up in legislatures, in anti-trust enforcement agencies around the world, etc.?

    Is this real, or is this a bunch of baseless stuff that's going to dog us for years?

    If a free OS that's built from scratch by volunteers can't be allowed to exist in the current intellectual property law environment, what then? Does this mean we either have to give up and finally take on the intellectual property framework at some really fundamental level?

    • by foreverdisillusioned (763799) on Tuesday November 21 2006, @03:06AM (#16927106) Journal
      If MS has these patents, do we really believe that fear of alienating their customers is enough for them to refrain from suing people? Couldn't they sue IT companies -- linux companies, IBM, etc., without damaging their relationships with large corporate customers? And aren't those large customers so locked in that they really don't have anywhere to go if they're alienated, anyway?

      Err, wouldn't Microsoft suing IBM over patent infringement be the legal equivalent of shooting themselves in the foot with a bazooka? IBM, according to their own website (http://www.ibm.com/news/us/en/2006/01/2006_01_10. html), has more patents than any other tech company and they've been around since long before Gates was in diapers--I would hazard a guess that Windows infringes on far more IBM patents than Linux infringes on Microsoft's. I'm not saying Microsoft wouldn't have the balls (and lack of brains) to try this, but the resulting shitstorm would likely take 10+ years to resolve and could very well result in the downfall of M$ or patent law reformation... and I'd be overjoyed to see either. And even if M$ somehow prevailed, I'm willing to bet a significant portion of the EU and Asia would say "fuck you!" if asked to pay royalties on Linux.
  • by Freed (2178) on Monday November 20 2006, @11:09PM (#16925130)
    Read the interview Moglen: How we'll kill the Microsoft Novell deal [theregister.co.uk].

    Alright that's the legal piece. There's also www,boycottnovell.com [boycottnovell.com] and the Samba disapproval. Other links and ideas welcome.
  • by NZheretic (23872) on Monday November 20 2006, @11:19PM (#16925196) Homepage Journal
    A customer enters a Novell Office.
    Mr. Praline: 'Ello, I wish to register a complaint.
    (Novell does not respond.)
    Mr. Praline: 'Ello, Miss?
    Novell: What do you mean "miss"?
    Mr. Praline: I'm sorry, I have a cold. I wish to make a complaint!
    Novell: We're closin' for lunch.
    Mr. Praline: Never mind that, my lad. I wish to complain about this Linux Distro what I purchased not half an hour ago from this very boutique.
    Novell: Oh yes, the, uh, the Novell OpenSuse Linux...What's,uh...What's wrong with it?
    Mr. Praline: I'll tell you what's wrong with it, my lad. According to the terms of the GPL you can no longer distribute it, that's what's wrong with it!
    Movell: No, no, it's uh,... part of the service agreement.
    Mr. Praline: Look, matey, I know a violation of the GPL when I see one, and I'm looking at one right now.
    Novell: No no it not violated, it's , it's cirumvented'! Remarkable OS, the Suse Linux, idn'it, ay? Beautiful eye candy with GLX
    Mr. Praline: The eye candy don't enter into it. your in violation of the GPL.
    Novell: Nononono, no, no! it's just slightly cirumvented!
    ...
  • I gave the man the benefit of the doubt, even though I am extremely angry at Novell, and read his letter. It is very well written and makes the reader think, "Oh, that's all right then". But it isn't. He is not acting in a vaccuum and this is not a textbook case study (yet). Why?
    1. Novell obviously needed cash quite badly, enough to risk a PR backlash.
    2. Microsoft was a key driver behind SCO and this is their next highly visible move against Linux.
    3. Microsoft has linux people in-house. If they wanted linux they could make their own distro for free, plus hiring a team to add interoperability which presumably should be easy since they would be the only team on the planet with the inside knowledge of how to do that.
    4. Of course, this expert knowledge would be copied by other distros if it was GPL, so they wouldn't want to do that.
    5. And, they wouldn't be able to easily infect other distros a la SCO, which is another reason.
    6. Finally, if they distribute GNU/Linux under GPL then they are finally saying everything is already under the GPL. (possibly including nonencumbrance by patents but IANAL).
    7. Novell cannot leash the dragon once it begins to rampage. In fact, this patent agreement clearly removes potential weapons of OSS-friendly vendors like IBM against possible future SCO-like lititgation from Microsoft. It means that Novell may likely enter the role of indeminifying vendors and users against Microsoft litigation (if the patent agreement allows that).
    8. Novell's CEO claims their actions prove they are honorably. I am sure he would like to think so. However if actions are louder than words, then surely this deal with Microsoft proves Novell is only in business for Novell, especially if it means all other OSS vendors get poisoned by their actions.
    9. It also proves that Novell's CEO is intellectually and/or ethically unfit for his position due to his blithe ignorance of SCO and Microsoft's role in SCO, smoking gun and all.
    10. The only reason imaginable is that Novell is really on the brink of bankruptcy and some threat from Microsoft would push them over the edge. Possibly Novell has some proof of OSS in Windows but who will ever know? Novell's actions cast a pall of smoke and brimstone over all OSS-related activities, projects, and products they have.
    11. Unfortunately this makes me and lots of other people very scared of what may end up in Suse and strongly suggests that Novell will be Microsoft's key tool for attempting again to destroy Linux and the OSS world, no matter what Novell ever says.
    12. That is why Novell cannot be trusted, and anything they ever contribute to OSS projects must be painstakingly analyzed and thrown in the garbage at the least worry. Even so, there is no way to be sure anything they offer will not be either a fragment of patentable data, or a fragment of a potential vulnerability to either access from microsoft or attack by a windows virus. It would be a much different story if Microsoft was going to provide all necessary documentation and experienced OSS programmers could plan how to interface with those APIs for best performance and security. Of course the same goes for anybody who ever thought of buying Novell or maybe making a contract with Novell. I don't see how anybody can ever trust Novell again.
  • Dear Novell (Score:5, Interesting)

    by div_2n (525075) on Tuesday November 21 2006, @12:03AM (#16925466)
    As a member of the Linux community, I personally am disappointed by your maneuvers. While I can only speak for myself, I feel confident others share my sentiment.

    Let's not beat around the bush on this. Your actions reek of the proprietary and closed mindset--not open source. It is clear this is a deal meant to benefit you first and foremost. While your customers may (or may not) benefit, the community at large seems to be left pissing in the wind. This is profoundly confusing since the vast majority of the Linux product you purport to protect has been written and continues to be written by that community and not your engineers.

    While I'm not anyone famous, I am one of surely many decision makers looking for well supported open source solutions. I had been considering you for several projects and would have considered you in the future. Given that you push your idea of what is best for the community despite fairly blatant protests to the contrary from prominent community members, I cannot include your products in any projects until you correct your course of action.

    Until that day comes, good luck making deals allegedly protecting a product with a company that has shown enormous contempt for and a desire to kill off that product. I find it overwhelmingly ironic that the market dominance you enjoyed long ago was taken by the very company with which you are now spooning. I guess you didn't learn your lesson the first time around.
  • by TheNetAvenger (624455) on Tuesday November 21 2006, @12:09AM (#16925496)
    Watching MS over the years, they have had good moments, and bad moments, done good things and done things that make your skin crawl...

    The sad part of this is the 'business' model that Ballmer and his crew use as an Ideal are at the heart of almost every failed and every skin crawling activity MS has done.

    MS was a good company at various times after the past 30 years, but if you notice those fleeting moments, Ballmer and his 'ideals' were the recessive thought mechanism in the company at those times. The 'older' Gates ideals and people emulating him are a lot less likely to hae ever pulled a lot of the crap MS has done in the past 15 years.

    This new Linux scare from Ballmer is just another mark in the 'oh crap he did not say that' box. I'm sure there are technologies in Linux that come from MS, even if you take distributions that read FAT32 drives, but on the same note, MS has also taken a lot from the *nix community and it would be so petty to drive the market into this type of war.

    Ballmer's words remind me of Oracle's CEO (Ellison) a few years back, at every event or launch, instead of telling us how great their software was, he spent most of the time complaining about MS,and yet MS's products were slammin them in the market because they just worked better. If he or his people would have just spent more time making their products 'better' then could of actually been on stage showing us how much better they were, rather than only pitching how awful MS was.

    Maybe ol' Steve is a nice guy, but he is just not helping MS. MS needs to put back in power 'idealists' that believe in 'consumers first' thought and not how they can squeeze the extra nickels out of their business models.

    Even look at Vista, in a lot of ways it is a revolutionary OS if you look at the intelligence it implements and the architecture, yet marketing and the 'business' people don't get the genius from the development teams, and will have trouble selling it.

    This is evident with the marketing and business people creating five freaking versions of Vista for consumers. It creates more confusion and is less profitable and could hurt the 'standard windows' base because of the differences. It would have been better for MS to have just added $20 to the cost and do only one version. In fact the Vista release like XP is in contradiction to the 'design' ideals of the NT group in having a shared code base to 'reduce confusion'. (Of course the code base is still shared, but the confusion is artificially added by the business and marketing people.)

    My two cents for today...
  • by symbolset (646467) on Tuesday November 21 2006, @12:49AM (#16925818) Journal

    Microsoft has lawyers. Lots of them. If they have IP that's infringed and they know it, they have to sue to protect it or they lose it by neglect. If they had something, the money would have gone the other way. So, they haven't got cause for a suit or they'd have to sue.

    What Microsoft does have is a fat wad of cash. That is exactly what a company like Novell that backdated Waaay too many stock options needs. The bonus is Novell gets $400M to promise to not sue a company they've got no grudge against.

    The sad part for us is that Novell must now and forever be a leper. They've done great deeds in the past. There was great hope for their future. They're trying to fight the FUD now but you can't unring the bell. A shame they had to get weak kneed in the end. It's also sad Ballmer gets to say things like "Gee, that's a nice linux webserver you got there. Be a shame if one of our IP lawyers had to have it admitted as evidence." Makes you wonder if he was shaking down kids for their lunch money in school. I hope Novell's development teams have litte trouble finding honest work before the end.

    The upshot is that we've got $400,000,000 worth of proof that Microsoft's got nothin. Nothin, that is, except a metric ton of coupons good for one free SLED install they couldn't unload even as wrappers for free ice cream cones. Can you imagine the sales call? "Yeah, I got this coupon for a Linux install we can sell ya, but after five years if you're still running it we have to sue ya. Oh, and our BSA thugs will be around regularly to make sure you don't exceed your linux quota, k?" They'll have to paper the halls of One Microsoft Way with expired coupons. The companies that adopt Linux under Novell's indemnity will discover that Linux is rock solid, swift and sweet. When they realize Microsoft's always had nuthin, they'll migrate painlessly to a distro that's less tainted. Perhaps this is the dirty trick that convinces them to get all the way out of business with these creeps.

    I blame Ransom Love for this whole mess, because he killed Unix. Him and all the chowderheads that think this indemnity nonsense has more value than six inches of used dental floss. It's a bad thing to be mugged at the point of a lawyer. It's cowardly to be blackmailed with lawyers that have nothing.

  • Here we go again. (Score:4, Informative)

    by houghi (78078) on Tuesday November 21 2006, @05:44AM (#16928216) Homepage
    And again all the posts that are +5 are those that say the same thing over and over again.

    The deal is done. Live with it. At least Novell tries to answer the questions people have. They are damned if they do and damned if they don't. People asked that they wanted the details of the deal, so they gave them. They gave a lot of promises.

    The IRC meeting will most likely also just be a lot of copy-cats yelling: Yes, but you signed a deal with M$ and we are so anti-M$ that we don't care about anything else.

    So instead of yelling that it is so bad, come up with a realistic alternative what you want and what questions you want answerd. Be at the IRC meeting and/or see that your answers are asked on the site if you can't be there.

    It is very much fun to react emotionaly, yet it is only spreading the FUD further, no matter who started that FUD.

    The useal links:
    http://lists.opensuse.org/archive/opensuse-announc e/2006-11/msg00004.html [opensuse.org]
    http://dev-loki.blogspot.com/2006/11/call-to-dump- suse-linux-wtf.html [blogspot.com]
    http://www.linux-watch.com/news/NS4287912423.html [linux-watch.com]
    http://www.vnunet.com/vnunet/news/2168151/novells- opens-microsoft [vnunet.com]
    http://en.opensuse.org/Meetings/Status_Meeting_200 6-11-08/transcript#The_Novell.2F_Microsoft_deal [opensuse.org]
    • by pembo13 (770295) on Monday November 20 2006, @10:53PM (#16925002) Homepage
      If some highly infectious disease infects your leg, I'm pretty sure the doctors will advise you to amputate it.
        • by civilizedINTENSITY (45686) on Monday November 20 2006, @11:36PM (#16925302)
          No, its really more like kissing a whore on the mouth that you already knew had multiple STDs, and then wondering why no one will go out with you when you brag about it. MS antitrust issues (past and present) as well as their history of screwing "partners" makes this a much better analogy.
    • by cryptoluddite (658517) on Monday November 20 2006, @11:01PM (#16925054)
      Alienating Novell sends a signal that Microsoft's patent extortion will not be tolerated by the community. It says that, should Microsoft press patent claims, that companies and people using Linux will retaliate -- with countersuits, civil disobedience, lobbying, bad PR, and whatever else.

      You can bet that Novell is only coming out with this "open letter" because of the pressure they are feeling. Contracts being canceled or not renewed, bile and bad PR everywhere, FSF lawyers looking into filing suits, etc. They are probably getting the most pressure from SuSE developers, who can't be at all happy about being periahs.

      The best step for the OSS community would be for Microsoft to document their protocols and formats. For instance if we had documentation on how NTFS lays out the filesystem we'd have a safe r/w driver in under a month. This Novell-MS deal is bunk. The European trustbusters have already done more than this deal ever will.
    • by khasim (1285) <brandioch.conner@gmail.com> on Monday November 20 2006, @11:01PM (#16925056)
      Microsoft licenses proprietary code.

      Linux is under the GPL.

      Is the "right direction" for Linux to become a little bit proprietary?

      If not, Microsoft has 100% access to the source code. Microsoft can be as "interoperable" with Linux as they want to be. Any time they want to be.

      Microsoft can release whatever specs it wants, whenever it wants.

      Now, why don't you go listen to Ballmer talking about how Linux users owe Microsoft money before you start talking about the "right direction" and "working together"?