05.27.07

Gemini version available ♊︎

Could Novell’s Disclosure Have Led to More Backlash and Harm Than Calm? (Updated)

Posted in Deals, Dell, GNU/Linux, Microsoft, Novell, Patent Covenant, Patents, Ubuntu, Windows at 9:03 am by Dr. Roy Schestowitz

Shane has already taken a preliminary look at Novell’s recent disclosure. Next week we shall find out a lot more as prominent people analyse the text and will report to the press. Here are some early reactions. The first comes from the Wine team.

More than a few people have been angered by Novell’s patent indemnification agreement with Microsoft. If you’re looking a bunch of really exciting fun, you can find a redacted version of the entire agreement filed with the SEC. There’s two nice bits in there about Wine. The first pretty much means Novell won’t ever ship Wine (someone please correct me if I’m wrong because it’s late and I might have pieced it together wrong.) Why?

Remember that Dell joined the Microsoft/Novell deal. A couple of weeks ago, just shortly after this deal, Mark Shuttleworth announced that Wine would not be included in Dell’s Ubuntu PCs. A while later it turned out that proprietary multimedia codecs would not be included either. Is it a coincidence, a conspiracy, or simply a logical decision? Here is the reaction of a man who is disappointed due to these recent developments.

Dell’s deliberately limited Ubuntu Linux offerings show cowardice in the face of Microsoft’s displeasure, and telegraphs to the casual shopper that Linux is a very cheap (as in quality) second to Windows in terms of breadth and depth of hardware support, when it most certainly is not.

Also see the following perspective:

The agreement enshrines the pretzel-like position Novell has been forced to adopt because it appears to be paying Microsoft not to sue its customers for using Linux.

[...]

It looks as if the agreement makes provision for the possibility that Novell will get acquired — it passes through — unless, it appears, it goes to a private equity buy-out firm or a company that gets less than 10% of revenues from hardware and software. There are also safety nets for product spin-offs.

What a mouthful. More speculations are certainly yet to come our way. Here are the reactions that Novell had to face in last week’s OSBC.

Corbet of LWN.net, however, accused Novell of enabling Microsoft’s bad behavior. “Novell is paying Microsoft a per unit fee (on sales of SUSE Linux). If there’s not a patent issue, what are you paying for?” he asked.

[...]

The issue of patents has been front and center at OSBC… and audience members expressed disappointment at the mixed signals coming from Microsoft over possible litigation, and what many perceived as a lack of honest cooperation between Microsoft and the open source community. “I’m not afraid of Novell coming after me like I’m afraid of Microsoft coming after me,” said Jon Stumpf, Senior Vice President of Engineering at AIG. “I don’t need a new (collaboration) deal on virtualization or ODF. I need cooperation on standards.” At other times, audience members responded with outright derision at efforts to smooth over the disagreements that have followed from the partnership.

Here is another eye-opening article:

Under the terms of the agreements, Microsoft will spend hundreds of millions of dollars on licensing fees and sales and marketing costs over five years, including $240 million for SUSE Linux Enterprise Server subscription certificates. For its part, Novell has agreed to pay Microsoft a percentage of revenue from open-source products.

Novell has chosen to betray the supplier in order to please a few customers (if any at all). The wrath of those who were harmed (developers and Linux peers) is going to harm Novell. What goes around comes around.

Update: a video from OSBC was published yesterday. Here it is, in case someone is interested.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

6 Comments

  1. Shane Coyle said,

    May 27, 2007 at 9:23 am

    Gravatar

    MS is afraid of Wine because it allows folks to run their Office toolset without paying for Windows, which are their only 2 profitable products. Part of this deal is about virtualization, and this legal posturing is one of MS’ way of keeping Windows relevant and actually installed out there.

  2. akf said,

    May 27, 2007 at 1:53 pm

    Gravatar

    Letter to the FOSS comunity regarding Microsoft’s patent promise:
    http://www.softwarefreedom.org/perspectives/2006/ms-patent-promise/
    It is an old article, but it is interesting to read it again…

    BTW. the SFLC had already access to the documents in 2006.

  3. shane said,

    May 27, 2007 at 2:19 pm

    Gravatar

    It is true,the patent pledge is worthless to open source developers and even to Novell customers, but is priceless to Microsoft.

  4. Marcus Meissner said,

    May 27, 2007 at 5:52 pm

    Gravatar

    Very strange that we are still shipping Wine woth openSUSE 10.2 you know.

    Ciao, Marcus (Package Maintainer of Wine).

    Oh… and I would _really_ suggest you look at OpenOffice_org mentioned in
    the same list … which we ship for SUSE Linux Enterprise Desktop 10.

    You assume to understand this patent agreement, …. Well, I am not a lawyer and I do not and I would not even try without getting some legal help.

    You should stop your negative reporting and “assuming” etc etc etc

    Ciao, Marcus

  5. Shane Coyle said,

    May 27, 2007 at 6:43 pm

    Gravatar

    I assume you know that Novell has agreed to pay MS per-unit royalties to ship something(s) in SLES/SLED? I am not assuming that. So, the fact that Novell ships OOO in SLED is not a valid defense, perhaps they are paying for a patent license (however denominated) for OOO, or Samba, or _____.

  6. Roy Schestowitz said,

    May 27, 2007 at 7:02 pm

    Gravatar

    > Very strange that we are still shipping Wine
    > worth openSUSE 10.2 you know.

    They also seem to be taking their Linux desktop in uncomfortable directions, IMHO. See: http://boycottnovell.com/2007/04/23/mono-strategy/

DecorWhat Else is New


  1. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  2. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  3. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  4. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  5. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying



  6. Links 27/11/2021: Tux Paint 0.9.27 and SeaMonkey 1.1.19 in EasyOS

    Links for the day



  7. [Meme] Keeping Our Distance From Microsoft

    The OSI is the dagger, the Linux Foundation is the knife, and many others are the sword by which Microsoft tries to get into the very heart of GNU/Linux and extinguish the Free software movement



  8. Microsoft Edge Encourages Indebted Americans to Guilt-spend Just in Time for Christmas

    Guest post by Ryan, reprinted with permission



  9. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  10. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  11. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  12. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  13. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  14. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  15. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  16. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  17. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  18. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  19. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  20. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  21. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  22. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  23. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  24. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)



  25. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    Links for the day



  26. [Meme] Jimmy Zemlin Loves Microsoft

    It’s funny, isn’t it? Lying for a living and sucking up to the liars pays off; you get to plunder actual Linux users while leaving Linux morally and financially bankrupt



  27. Links 24/11/2021: PHP Foundation and Flatpak Criticisms

    Links for the day



  28. IRC Proceedings: Tuesday, November 23, 2021

    IRC logs for Tuesday, November 23, 2021



  29. Links 24/11/2021: Rust Crisis and Team UPC Still Faking 'Progress'

    Links for the day



  30. Links 23/11/2021: New GNU Parallel and Memories of David H. Adler (Perl, Raku)

    Links for the day


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

Recent Posts