Bonum Certa Men Certa

SCO an Active Litigious Proxy, Novell a Passive Litigious Proxy

Dana Gardner explains (without any shyness, I must add) that Microsoft used SCO as a convenient proxy to do its dirty litigious work. There have been some similar examples in the past, but some are too speculative. Dana opines that, due to desperation, the company has simply moved on to a military state-esque approach, which will inevitably fail miserably.

It's a recurring argument. We have seen articles that mention Saddam Hussein, equate that to “Corporate Terrorism”, or use eye-catching headlines such as “Convicted Monopolist Terrorizes Software Industry“. The approach used here can be assimilated to the approach taken by vicious rulers that take advantage of fear, which is the strongest motivator/driver known to any human being.

The latest moves by Microsoft, however, give them away. Stripped of their proxies, their moves are now more clearly understood to be essentially military. You are the civilians caught between Microsoft's lawyers and their quarry.

[...]

If there was ever a case for open source software, dear readers, this is it.

This is clearly an act of desperation, yet an act from a perceived position of immutable power. Having worked with animals, I can tell you these can be truly dangerous circumstances.


Since we have our eyes on Novell in this Web site, the following new item is worth watching as well. Novell not only enjoys and benefits from the latest friction, but passively it is also used as a weapon against Linux.

According to Microsoft, "The real question is not whether there exists substantial patent infringement issues, but what to do about them." Its immediate solution is for "any customer that is concerned about Linux IP issues…to obtain their open source subscriptions from Novell."

[...]

Fortune says that "Microsoft had hoped that the Novell deal would become a model it could use to collect patent royalties from other distributors of free software. In that respect, its 'bridge' to the free world appears to have failed. That, in turn, seems to have taken us a step closer to patent Armageddon. 'The only real solution that [the free software] folks have to offer,' Smith told Fortune, 'is that they first burn down the bridge, and then they burn down the patent system. That to me is not a goal that's likely to be achieved, and not a goal that should be achieved.'"

[...]

If the next version of the GPL blocks Microsoft from collecting royalties from the distributions then it's back to collecting from major Linux users. Parloff asked Microsoft CEO Steve Ballmer if he's prepared to sue his own users à la SCO and the record industry.


The act of collecting royalties, which is something that is already happening, is akin to actions taken by the RIAA. These can be perceived as settlements out of the court, and they will clearly lead to backlash. Unlike pirated music and innocent poor students, here you have legitimate software, wealthy businesses, and a desperate monopoly abuser.

The music industry suffered a 40% drop in just one year. Microsoft could be going down the same aisle if it resorts to extortion (royalties) and/or litigation.

Recent Techrights' Posts

Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
 
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day