Bonum Certa Men Certa

Microsoft: It's an "Intellectual Property" Deal

As the saying goes, there are two sides to every story.

Novell has said, over and over, that their deal with Microsoft is an interoperability deal, with the IP considerations and Patent Covenant being a minor aspect of the deal.

Of course, we know that Microsoft sees the deal much differently, and the companies have agreed to disagree to date over the significance of the deal.

In an interview with Computer News Middle East, Microsoft's Bill Hilf provided more on Microsoft's perspective on the deal:

CNME There have been looming questions for years if Microsoft would file lawsuits over intellectual property contained in Linux. What is Microsoft's motivation with Novell?

Hilf: This is an intellectual-property deal. There will be an overlap at some point between our intellectual property and open source that we have to resolve. We knew that. It was going to happen. It was just a question of when.

We said let's put in place something that allows us to a) establish a process for how we can work with an open-source company on our intellectual property, b) do it in such as way that it can still work within the [GNU] GPL [general public license] and c) how do we do this in a way where we can clearly draw the line between the community developer, the non-commercial open-source community guy writing code and the commercial developer who is using open-source code.

CNME: What is the overlap between what Microsoft does and what the open-source community does?

Hilf: We have the largest software patent portfolio in the world. With open source we needed to have something in place where we knew that if our intellectual property was infringed upon we had a framework in place to resolve that in an effective way. The terms of the agreement that relate specifically to what we call covenants for Novell customers are related to the fact that those customers will be deploying a variety of open source.

We said there is a way we can cover that customer and still have value for our intellectual property. The second part is there is a large class of people in the community who are writing software for free and are not selling it and who may either intentionally or inadvertently step into that footprint of our intellectual property. What we are trying to do is draw the line between people who make money from this and people who don't.

It is a relatively short, but pointed, interview relating almost entirely to Microsoft's open source and intellectual property philosophies, and how the Novell deal relates. Interestingly, the word interoperability never arises, but then again like Mr. Hilf said, it's an intellectual-property deal.

One thing that Microsoft and Novell apparently do agree upon is the exclusion of 'commercial' developers from their patent covenant, here is Novell South Africa country manager Stafford Masie at the recent CITI Forum Q&A:

Let me address 'the only SUSE and why?', I think its because we... because of the SUSE acquisition, the OpenSUSE distribution is within our fold, so we represent that distribution and this agreement with Microsoft, again, wasn't just an openSUSE agreement, that's part of the covenant exception for Linux but that covenant extends... it overarches all of our patent portfolio, so its the proprietary patent portfolios and its the open source innovations, etc so its both areas covered - so lets not make it agreement only for opensuse, it was an interoperability agreement with Microsoft this covenant is in place from a patent protection perspective for our entire range of technologies as far as that interoperability is concerned in Linux, so...

Secondly is, this is not exclusive, this is not an exclusive arrangement with Microsoft and we are encouraging Red Hat, Ubuntu, etc to consider a similar agreement, if it makes sense to them, with Microsoft. We, we are encouraging that, especially from a, y'know, patent perspective...

Not for commercial gain? Yes. Those that are hacking, the participants, we are protecting. People that are making a career out of it, people... this covenant does not protect those people, but everything else that we do protects you. We've got the OIN, we've got indemnification, there are so many other vehicles that have not been nullified by this agreement that you can gain access to.

So, again, make sure that you don't look at it as an only OpenSUSE thing, it is a broader Microsoft-Novell interoperability that addresses SUSE, because SUSE is ours, and those that are doing it for commercial purposes, they're covered by, I believe, the other vehicles we have in place, OK?

So, will Novell claim that Hilf's comments have been taken out of context as well, or will they admit that Microsoft has had a different agenda from the very beginning?

Of course, perhaps Novell truly believes they can handle their agenda, whatever it may be.

Recent Techrights' Posts

GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
 
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true