Bonum Certa Men Certa

Why Again is the Novell/Microsoft Deal So Darn Ugly?

Steve Ballmer license
Image from Wikimedia



Matt Asay has just weighed in on this debate that was mentioned here before. It's centered around the mixing of Free software and software patents. His post is long, he has many insightful things to share rant about and here is just a fragment.

Dual-licensing with patents: It's bound to happen



[...]

The problem with this sort of distinction (which we and virtually every open-source company of which I'm familiar espouses, in terms of a "community" and "professional" version) is how easily patent protection could creep into the one but not the other. When the open-source world starts selling the same FUD that the proprietary world does we have lost.

I care far less about hybrid models that depend on a mixture of proprietary extensions and an open-source core, as MySQL is contemplating, than I do about hybrid models that are a blend of "open source and very risky!" and "proprietary and oh so safe!". If we slip into this sort of a model, open source loses its potency. It loses its character. It loses its integrity.


The downstreaming problem which he speaks of is represented by Novell's Moonlight. Novell already steps further than this, e.g. by separating Mono into 'chunks' depending on Microsoft's R(seanable)AND, which is only as unreasonable as it wants and needs it to be. If you wish to witness Microsoft's mis-comprehension of 'open source' (or "open minus source", i.e. open-source), then take a look at Ozzie's remarks which we intentionally only alluded to earlier but never took seriously. The 'news' was so insignificant that it was hardly comment-worthy. Microsoft is still all "patents, patents, patents!"

The concessions Microsoft makes are merely a case of public image -- saving face on the face of it. If you need another more contemporary glimpse at Microsoft's attitude, get a load of this latest analysis from the 451 Group.

There was general agreement that large IT vendors, including software giants such as Google, Oracle and even Microsoft, all see a need for involvement in open source. What also emerged as a common theme during our panel was that no big vendor could afford not to be in open source in some way or another. Basically, it’s been competitive necessity and cost effectiveness that has led vendors to open source, and this helps explain why we see open source all over the place. There was also a recognition that we were not talking about what vendors might be doing or when they might be making moves around open source. We were talking about the things these vendors are doing today and where they are looking next to push the ideas and advantages of open source further.


As you know, Google and Oracle just adore Free software. Yes, they love using it. They love receiving updates. They love the fact that Red Hat builds a platform for them and in the case of Oracle, lots of support money can be extracted at the developers' expense. What's not to love when you're a freeloader?

“Microsoft's legacy assets (secret code) become increasingly redundant as equivalent and often superior Free software is made available...”As for Microsoft, it wishes to believe that open source as a whole will become yet another Windows ISV that brings profits to Microsoft. In many other cases, it's a tad unfortunate to find how they turned Free software into just visibility of source code as a marketing distinguisher if not a self-serving ploy.

Microsoft's legacy assets (secret code) become increasingly redundant as equivalent and often superior Free software is made available for download, use, and redistribution. Microsoft knows all of this. What can it brag about? Probably just piles of papers, fueled by the very same laws it aggressively lobbies for. It shapes market rules to suppress emerging threats, to hinder natural progression, sometimes perceived as "disruption". In response, we, as Free software supporters, must protest to keep the law in tact or restore it to a state of sanity. Digital slavery and a modern-age feudal system is good for nobody.

Oh look! The press is buzzing about another Microsoft intellectual monopoly. Watch carefully what you do with your hands now.

Right and left mouse buttons are placed on the side in a thumb-accessible position, and the design is unobtrusive enough to allow for easy typing when it's on. We'd love to get a hand-on with the mouse if it ever comes out. It looks great and the ability to surf the internet without keeping our hand close to the computer is very conducive to our leisure time activities.


The gist of it all: a combination of prior art fitted onto A4-sized white paper sheets. Can't have too many of these though! Word on the street is that Microsoft has run out of paper, so it can't let Linux know what it's allegedly infringing on.

"Most people who are familiar with patents know it's not standard operating procedure to list the patents... The response of that would be administratively impossible to keep up with."

--Jim Markwith, Microsoft patents attorney
(after saber-rattling against Linux)

Recent Techrights' Posts

43rd Anniversary of the GNU Project Announcement
Coming soon
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
 
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day
Links 17/09/2026: Studio Closures and Negative Rumours About Microsoft XBox Again
Links for the day
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026
IBM's Anderon Another Opportunity for Debt-Loading, Publicity Stunts, Maybe Hidden Layoffs
Anderon is like Theranos
In Praise of 7 Years of Alex Oliva in the FSF, Not IBM
Thank you, Mr. Oliva, for 7 years of uncompressing advocacy and perseverance
SLAPP Censorship - Part 186 Out of 200: Love (Always Commands)
This coming Friday we celebrate our wedding anniversary
With Half of September Finished Clownflare Radar Sees GNU/Linux at 7% "Market Share"
On desktops/laptops
Linux Kernel Becoming a Slopfest - Part 2 - Bribes From Slop Pushers Divide Us
Money can and does divide people
Gemini Links 16/09/2026: Cards, Nature, and Conspiracy Theorists
Links for the day
Links 16/09/2026: Proprietary Chatbots Company Lets Humans Moderate Chatbots, "Putin Looking to See How Far he Can Push NATO"
Links for the day
The Only Still-Supported Version of Windows Breaks Itself (Again), the Microsoft Layoffs Will Carry on in Secret
In the US they marked about 7% for removal just this past summer
Wikileaks Turns 20 Just 18 Days From Now
it's fair to say they've endured online, but aren't lively/active
The Cyber Show Debunks the Alleged Intelligence in Slop
It's shorter than usual
Expecting Failure
Some things would not happen to technology (tech) experts because they know how things work and what to expect (or watch out for)
Links 16/09/2026: US Running Low/Out of Some Ammo Due to Wars, Slop Bots "Are Using an Outrageous Amount of Electricity"
Links for the day
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026