EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.20.06

Can Novell’s Protection Racket Swing a Timebomb?

Posted in Formats, Microsoft, Novell at 5:18 am by Dr. Roy Schestowitz

Verfasst von Oencke has come up with some interesting insights. He highlights the parallels between a classic protection racket scenario and the Novell/Microsoft deal.

What does the wikipedia say about protection rackets? I’ll add my comments in brackets {..}. These may or may not be accurate:

“A protection racket is an extortion scheme whereby a powerful organization {Microsoft?}, most often a criminal organization or gang, coerces individuals {you} or businesses {you} to pay protection money{ SUSE subscription fee} which allegedly serves to purchase the organization’s “protection” services {“patent peace of mind”, S. Ballmer*} against various external threats {patent lawyers}….

It would be reasonable to assume that Microsoft, being the ‘bully’ here, will use Novell to promote its own agenda and commercial interests. I opine that it is no longer necessary to draw any comparisons with SCO. This analogy has been used by various respectable editors who went overboard with the intention of sending loud warning signals.

While Novell remains committed to ODF, as indicated below, Novell may have also ‘contaminated’ OpenOffice in the process of development. The legal boundaries are vague, but Novell has little fear because it has struck a mutual protection deal while excluding all others. This could work to Novell’s benefit in the short term (shareholders would cheer), at the expense of the rest of the Linux community. In fact, since many of the projects at hand run under multiple platform, it is also a great threat, to be broader, to Free software. Harm can be due to inclusion of Microsoft code, visibility of Microsoft code, or collaboration. Richard Stallman realised this in the dawn of the Free Software movement, which is why Linux easily ensures/d SCO’s (Microsoft proxy) baseless accusations.

We will also continue to contribute as part of the OASIS Open Document Format for Office Applications Technical Committee to enhance ODF and ensure that ODF standards are the premier file format standards for office applications.

Let me take my tinfoil hat and confess that it would be overly presumptuous to jump to conclusions. However, I merely try to present some possibilities here. With regards to Mono or OpenOffice, no clear violation has been identified as there isn’t yet any concrete proof. I would like to close by quoting an item that grabbed my attention a few months ago.

The best part of the file Michael sent to me was that the data was formatted into a “Data Pilot,” which is OpenOffice’s analog to the Microsoft Excel “pivot table.” Data pilots, as well as support for xls pivot tables, is a whole new feature area in OpenOffice.org that I really ought to post something about, too. (So many features, so little time.)

Source: Ted Haeger, Novell

This writeup dates back to August. One wonders if a ‘bomb’ was planted in the code (deliberately by Microsoft while not deliberately by Novell), which sets a legal minefield that has percolated onto other distributions by now. If so, can patches be identified, retracted, or altogether rejected? Can anybody trust Novell at this stage? Their hand on this project, particularly at this stage, seems harmful because any element of FUD is worth a thousand lawsuits, to quote [H]omer.

[puts tinfoil hat back on head /]

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

2 Comments

  1. Ted Haeger said,

    November 20, 2006 at 2:03 pm

    Gravatar

    “One wonders if a ‘bomb’ was planted in the code (deliberately by Microsoft while not deliberately by Novell), which sets a legal minefield that has percolated onto other distributions by now.”

    This is crazy-paranoid. Novell did not work with Microsoft on the features we contributed to OpenOffice.org.

  2. Roy Schestowitz said,

    November 20, 2006 at 2:10 pm

    Gravatar

    Ted,

    I appreciate the response. I can’t help but feel that collaboration between the two sides changes the legal terrain /entirely/.

    Wanna see “crazy-paranoid”? Check this one out:

    http://openubuntu.blogspot.com/2006/11/novell-will-fork-any-open-source-app.html
    http://digg.com/linux_unix/Novell_to_FORK_all_apps_that_move_to_GPLv3_Samba_tops_list

    And right there I actually defended you guys. I have been advocating SuSE/SUSE for years, but Novell seems to have ditched SUSE (or Opensuse, the community), renamed it, and evolved to become something rather strange.

    Why can’t you guys be more like Red Hat? See the latest news from the Fedora project.

    Fedora to Become More Open and Independent of Red Hat

    ,—-[ Quote ]
    | The most obvious change will probably be the omission of “Core” in
    | the distribution name. That’s because the core packages are to be
    | moved into the community infrastructure, so that they are open
    | to contributions by external developers.
    `—-

    http://linux.about.com/b/a/257580.htm

    Samba is trying to help you guys. Why won’t the management listen, admit it has made a mistake and reverse (to the extent possible)?

    Another thing I fail to comprehend is why/how an executives can say the following:

    ,—-[ Quote ]
    | Microsoft Corp is using scare tactics to exert pressure on PC vendors
    | not to explore the potential of desktop Linux, according to Novell
    | Inc president and COO, Ron Hovsepian
    `—-

    Several months later he exchanges smiles with one of the biggest business thugs of the past two decades. It’s almost as though he decided to join ‘the gang’ while punishing all others (including those who coded for him and supported his products) in the process. This leaves one speechless.

What Else is New


  1. Dutch Court Rules Against SUEPO (in a Reversal), But EPO Management Would Have Ignored the Ruling Even If SUEPO Won (Updated)

    SUEPO loses a case against EPO management, but the EPO's overzealous management was going to ignore the ruling anyway



  2. New Paper Provides Evidence of Sinking Patent Quality at the EPO, Refuting the Liar in Chief Battistelli

    In spite of Battistelli's claims (lies) about patent quality under his watch, reality suggests that so-called 'production' is simply rushed issuance of invalid patents (one step away from rubberstamping, in order to meet unreasonable, imposed-from-the-top targets)



  3. Battistelli Locks EPO Staff Union Out of Social Conference So That He Can Lie About the Union and the Social Climate

    The attacks on staff of the EPO carry on, with brainwash sessions meticulously scheduled to ensure that Administrative Council delegates are just their master's voice, or the voice of the person whom they are in principle supposed to oversee



  4. Unprecedented Levels of UPC Lobbying by Big Business Europe (Multinationals) and Their Patent Law Firms

    A quick look at some of the latest deception which is intended to bamboozle European politicians and have them play along with the unitary [sic] patent for private interests of the super-rich



  5. Links 29/9/2016: Russia Moving to FOSS, New Nmap and PostgreSQL Releases

    Links for the day



  6. Team UPC is Interjecting Itself Into the Media Ahead of Tomorrow's Lobbying Push Against the European Council and Against European Interests

    A quick look at the growing bulk of UPC lobbying (by the legal firms which stand to benefit from it) ahead of tomorrow's European Council meeting which is expected to discuss a unitary patent system



  7. IP Kat is Lobbying Heavily for the UPC, Courtesy of Team UPC

    When does an IP (or patent) blog become little more than an aggregation of interest groups and self-serving patent law firms, whose agenda overlaps that of Team Battistelli?



  8. Leaked: Conclusions of the Secretive EPO Board 28 Meeting (8th of September 2016)

    The agenda and outcome of the secretive meeting of the Board of the Administrative Council of the EPO



  9. Letter From the Dutch Institute of Patent Attorneys (Nederlandse Orde van Octrooigemachtigden) to the Administrative Council of the EPO

    The Netherlands Institute of Patent Attorneys, a group representing a large number of Dutch patent practitioners, is against Benoît Battistelli and his horrible behaviour at the European Patent Office (EPO)



  10. EPO's Board 28 Notes Battistelli's “Three Current Investigations/Disciplinary Proceedings Involving SUEPO Members in The Hague."

    The attack on SUEPO (EPO staff representatives) at The Hague appears to have been silently expanded to a third person, showing an obvious increase in Battistelli's attacks on truth-tellers



  11. Links 28/9/2016: Alpine Linux 3.4.4, Endless OS 3.0

    Links for the day



  12. Cementing Autocracy: The European Patent Office Against Democracy, Against Media, and Against the Rule of Law

    The European Patent Office (EPO) actively undermines democracy in Europe, it undermines the freedom of the press (by paying it for puff pieces), and it undermines the rule of law by giving one single tyrant total power in Eponia and immunity from outside Eponia (even when he breaks his own rules)



  13. Links 28/9/2016: New Red Hat Offices, Fedora 25 'Frozen'

    Links for the day



  14. Team Battistelli Intensifies the Attack on the Boards of Appeal Again

    The lawless state of the EPO, where the rule of law is basically reducible to Battistelli's ego and insecurities, is again demonstrated with an escalation and perhaps another fake 'trial' in the making (after guilt repeatedly fails to be established)



  15. After the EPO Paid the Financial Times to Produce Propaganda the Newspaper Continues to Produce UPC Puff Pieces, Just Ahead of EU Council Meeting

    How the media, including the Financial Times, has been used (and even paid!) by the EPO in exchange for self-serving (to the EPO) messages and articles



  16. Beware the Patent Law Firms Insinuating That Software Patents Are Back Because of McRO

    By repeatedly claiming (and then generalising) that CAFC accepted a software patent the patent microcosm (meta-industry) hopes to convince us that we should continue to pursue software patents in the US, i.e. pay them a lot more money for something of little/no value



  17. The US Supreme Court Might Soon Tighten Patent Scope in the United States Even Further, the USPTO Produces Patent Maximalism Propaganda

    A struggle brewing between the patent 'industry' (profiting from irrational saturation) and the highest US court, as well as the Government Accountability Office (GAO)



  18. Patent Trolling a Growing Problem in East Asia (Software Patents Also), Whereas in the US the Problem Goes Away Along With Software Patents

    A look at two contrasting stories, one in Asia where patent litigation and hype are on the rise (same in Europe due to the EPO) and another in the US where a lot of patents face growing uncertainty and a high invalidation rate



  19. The EPO's Continued Push for Software Patents, Marginalisation of Appeals (Reassessment), and Deviation From the EPC

    A roundup of new developments at the EPO, where things further exacerbate and patent quality continues its downward spiral



  20. The Battistelli Effect: “We Will be Gradually Forced to File Our Patent Applications Outside the EPO in the Interests of Our Clients”

    While the EPO dusts off old files and grants in haste without quality control (won't be sustainable for more than a couple more years) the applicants are moving away as trust in the EPO erodes rapidly and profoundly



  21. Links 27/9/2016: Lenovo Layoffs, OPNFV Third Software Release

    Links for the day



  22. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  23. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  24. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  25. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  26. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  27. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  28. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  29. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  30. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts