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

05.27.07

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 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

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/

What Else is New


  1. Links 26/11/2014: Docker Patched, New DragonFlyBSD

    Links for the day



  2. Message to the Corporate Media: Bill Gates is Not an Ebola Expert

    Brainwash in the corporate media, including media that the Gates Foundation bribes in exchange for sheer bias, paints the super-rich as the solution rather than the problem



  3. US Government Finally Probes Microsoft Over Financial Fraud, Microsoft Then Bullies the Government With a Lawsuit

    Microsoft is finally being investigated -- perhaps properly too -- for its well-known tax abuses that have so far proved that Microsoft is "too big to jail"; Microsoft is suing the investigator, exerting its abusive power to discourage further investigation



  4. Gagging Critics: Micro Focus-Run SUSE Bribes Journalists in Exchange for Positive Coverage

    Amid the takeover by Micro Focus, SUSE pays journahayess (especially critics) who in turn become some kind of advertisements feed of Novell



  5. Links 25/11/2014: Tizen News, Jolla Tablet Past Million

    Links for the day



  6. Links 24/11/2014: Linux 3.18-rc6, Qualcomm Eyes GNU/Linux Servers

    Links for the day



  7. Boycotting Micro Focus International

    Microsoft's "Partner of the Year" is taking over the patron of SUSE and all of Novell's remains, except the patents (Microsoft has already grabbed those)



  8. Vesna Stilin's Remarks on Željko Topić: Part XI

    Vesna Stilin speaks about her confrontation with EPO Vice-President Željko Topić, who has criminal lawsuits against him in Croatia



  9. Links 22/11/2014: Linux Mint 17.1, Ubuntu MATE

    Links for the day



  10. Links 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  11. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  12. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  13. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  14. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  15. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  16. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  17. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  18. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  19. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  20. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  21. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  22. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  23. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  24. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  25. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  26. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  27. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security



  28. Forget the FUD About Bash and OpenSSL, Microsoft Windows Blamed for Massive Credit Cards Heist

    Home Depot learns its lesson from a Microsoft Windows disaster, but it stays with proprietary software rather than move to software that is actively audited by many people and is inherently better maintained (Free/libre software)



  29. Windows 'Update' and NSA Back Doors, Including a 19-Year Bug Door in Microsoft Windows

    The back doors-enabled Microsoft Windows is being revealed and portrayed as the Swiss cheese that it really is after massive holes are discovered (mostly to be buried by a .NET propaganda blitz)



  30. Revealed: Microsoft is Trying to Corrupt the UK in Order to Eliminate Its OpenDocument Format-Oriented Standards Policy

    Microsoft interference with Britain's preference for ODF is now confirmed, thanks to a valuable news report from Computer Weekly; OOXML lock-in is being unleashed by Microsoft on Android users


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