Bonum Certa Men Certa

Op-Ed: Novell Pollutes Free Software (and GNU/Linux) in Preparation for Microsoft Attacks

A reader's opinion

About year ago we wrote and later tried to show (ideally prove) that Novell just loved Microsoft's saber rattling against GNU/Linux. Novell's response (or lack thereof) sometimes spoke louder than words. Like many companies, Novell is selfish and its roots of vanity do not help, let alone Microsoft's presence.

“It would also be in Novell's interest if Microsoft started suing other Linux distributors like Red Hat.”Some hours ago a reader wrote to say: "The 'do not sue' promise is only for Novell's paying customers. That means the others do not get access to all the patented stuff. It would also be in Novell's interest if Microsoft started suing other Linux distributors like Red Hat. That way, large corporate users of Linux will run to safety in the Novell IP-protected safe harbour. See, that's where the real money is."

A few days ago we showed that Microsoft hasn't softened its hard stance against GNU/Linux. This was made explicit, based on the latest word from Microsoft's lawyers and the recent talk from Brad Smith. IT Pro has just published this article about the use of patent terrorism techniques in the fight against real innovation.

Patents and how they're controlled are damaging the way technology is developed - and the Linux case is a key example of this.

[...]

Litigation as a mode of business is fashionable in the current climate, but offers little or nothing of benefit to users or developers. Authorial copyrights in the US have been extended to 70 years after the author's death. The law that made this possible, the Sonny Bono Copyright Term Extension Act, was passed in 1998. Patent law, meanwhile, increasingly protects the interests of the powerful, encroaches upon notions of innovation and freedom to operate, and is used to inhibit competition. Both are in critical need of reform.


Dana Blankenhorn has also just published an excellent short anslysis which explains how Microsoft used Novell to bypass the courtroom's 'acid test'. Remember that Microsoft's software patents were defeated by Alcatel-Lucent just a couple of days ago, showing that they may be worthless, never to be upheld.

“What's in it for Novell? Some more contracts and about a third of a billion dollars in immediate rewards.”It's almost as though Novell chose to lose in court (staging a defeat, or "taking a dive", to use boxing terminology) and then voluntarily pay Microsoft some royalties. What's in it for Novell? Some more contracts and about a third of a billion dollars in immediate rewards.

In short, Novell sold us out when it possibly ran short of cash and almost got kicked off the NASDAQ. In exchange for Microsoft's bribe generous incentives, Novell also decided to inject some more software patent poison into GNU/Linux , thus fulfilling the prophecy it had initially fell for (and was paid to fulfill with Mono, Moonlight, OOXML translators, and other junk code which is encumbered by Microsoft patents).

Anyway, here is what Dana said:

They have signed innumerable contracts based on the claims, contracts which assume the truth of the claims, and caused the production of products whose chief selling point is that their makers admit the legitimacy of the claims.

Microsoft seems in no hurry to change the status quo. They are not going to put up, in the form of a lawsuit. They are not going to shut up, either, given the commercial advantages they have created.


Our reader concluded with a personal opinion: "And this is what Bill Gates' long-term strategy seems to be. Eventually there will be a Novell/Microsoft merger/takeover and Microsoft/Novell will be the prime seller of fully 'IP-protected' Linux solutions. To get there they have to pollute the ecosystem with hybrid Open Source/Closed-Source solutions. Like what they are currently about."

Novell has already spoken openly about this hybrid model [1, 2] (as far back as 2006). If you care about Free software, then boycott Novell. Now, not later. Do what you can to ensure nobody pays a dime to that company, which shares revenue with Microsoft, for a fact.

If Novell gives software patent infringements by Linux some legitimacy -- no matter the disclosure or validity, as judged by impartial experts -- then Novell must lose all legitimacy and credibility as a Linux vendor.

Linux gives blood to Novell

Comments

Recent Techrights' Posts

Ponzi Schemes Are Useful (to Corrupt CEOs)
Pathetic, corruptible so-called 'media' is bagging bribes to perpetuate the lies about "AI" (slop)
Body-Shaming Using Fakes
a lot of the people who casually claim "defamation" are themselves defaming loads of people every day
EPO People Power - Part XXIV - Today or Tomorrow You Should Write to National Representatives (Delegates) at the EPO in Your Country
Keep up the pressure!
Red Hat and IBM Layoffs, Staff Kept Quiet About it, WARN Act Skirted/WARN Notices Avoided
What a terrible company to be in
 
Gemini Links 04/01/2026: 64-bit Addressing and 39th Chaos Communication Congress
Links for the day
Windows Was Always the Punchline
What did we count to calculate taxes?
GNU/Linux Surges to About 4% in Peru This Year
one of the poorest counties in America
This Year Our Adoption of IRC Turns 18
We have used IRC for this site since 2008
The Doors Are Closing, Windows Closing Too
Microsoft wants more vendor lock-in, but at risk that this desire will simply alienate and drive away many users
The FSF's Program Manager, Dr. Miriam Sabrina Bastian, Left in October to Lead Climate School
We are not sure why Miriam Bastian decided to leave the Free Software Foundation (FSF)
Outline of Slop, LLMs, IBM, and Things to Come
This coming week and weekend will be very productive irrespective of how much "news" gets published by other sites
Links 04/01/2026: War Without Borders, "Large Hadron Collider Being Shut Down"
Links for the day
Links 04/01/2026: US Imperialism in Greenland and Venezuela, "Climate Protesters Face Greater Risk of Crackdown Amid Rising Authoritarianism"
Links for the day
2026 Should be the Year We All Stop Saying "AI" and Call Things What They Really Are
Don't give anyone the satisfaction of this misguided belief there's any intelligence there
GNU/Linux at All-Time High in Algeria
In 2026 it hit a new all-time high
Online Mobbing (and Worse) Disguised as 'Free Speech'
People who say they believe in "free speech" have been trying hard to silence RMS and squash the FSF
A 'Cancer That Attaches Itself' to Bulgaria?
"Cancer" is what Microsoft called GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 03, 2026
IRC logs for Saturday, January 03, 2026
GNU/Linux "Market Share" in Switzerland More Than Doubled Last Year, Based on statCounter
GNU/Linux continues its considerable growth
XBox Layoffs Imminent, More Appalling Sales Figures Published
Expect many layoffs in the gaming division
Slop Still Rare
So far a good start for 2026
Gemini Links 03/01/2026: Climbing, Waking Up, and Social Control Media Woes
Links for the day
Links 03/01/2026: Growing Censorship, Another US Invasion, and Will Smith 'Cancelled'
Links for the day
Links 03/01/2026: Twitter Turns From Disinformation Powerhouse to Production and Dissemination of Child Pr0n, "New China Cybersecurity Law Becomes A Reality In 2026"
Links for the day
Gemini Links 03/01/2026: Formatting Text for Gopher and Text-only Websites
Links for the day
Unverified Claim: Mass Layoffs at Microsoft to Start Around Week 3 (or 4) of This Month
Let's wait and see if the claim above is from an insider who has inside knowledge
Firefox Fell Below 1% in Asia
less than 1 in 100 Web users is detected/assumed to be using Firefox
Links 03/01/2026: Ryanair Fines and Facebook Misleads Regulators
Links for the day
New Record High for GNU/Linux in Benelux in 2026
If the above trends stand (throughout the year), then we can begin talking more seriously about a post-GAFAM Europe
In the Search Engine Market, Microsoft is Falling Behind Russia's Yandex
The so-called 'AI industry' is a boy that cries wolf
A Year of Relaxation, But Also of Hardcore Whistleblowing
Expect industrial action some time soon
The More Influential Richard Stallman (RMS) Becomes, the More Aggressive Attacks on Him (and the FSF) Will Get
We've meanwhile noticed disinformation being spread in social control media
GNU/Linux Reaches All-Time High of 5% in Indonesia (Not Counting Chromebooks and Android)
There are also related events in Indonesia and SUSE in particular seems to have been popularised there
EPO People Power - Part XXIII - António Campinos Knows He's Extremely Vulnerable at This Time
Campinos should never have been put in charge
Gemini Links 03/01/2026: New Organisation System (Notebooks) and "2026 Already Off to an Amazing Start"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 02, 2026
IRC logs for Friday, January 02, 2026
The More Buzzwords a Corporation Resorts To...
buzzwords are a fool's way to compensate for or disguise a lack of knowledge
So You Should Definitely Call it "Slop" and Stop Saying "AI"
with more XBox/gaming layoffs being imminent the blowback will be fun to watch
Why Are We Still Using Voting Machines?
Voting machines still seem to me like an infantile cargo cult and an act of salesmanship (like various security theatre rituals at airports)
"Works for Me!"
Who knows best?
Why IBM Workers Like Techrights (Same Reason EPO Workers Do)
IBM will likely be a daily theme (high rate of recurrence)
Workers Fly Away From IBM's Red Hat (This Year a Lot of Red Hat Staff is "IBM")
The stock (share price) of IBM says nothing about what actually goes on
In 2025 We Contributed to the Headlessness of the OSI, But It's Not Over Yet
By airing some 'dirty laundry' about the OSI last year we contributed to its current state
Africa's Largest Population Sees Diminishing Impact of Windows
less than 1 in 10 Web requests in Nigeria comes from Windows
Russia Cuts Finnish Cables ("Hybrid War"), Finland Cuts Off Microsoft
the birthplace of Linux
Links 02/01/2026: Science, Patent Maximalism, and Public Domain Day
Links for the day
Gemini Links 02/02/2026: Books, Scams, and mkscript (a Script to Make Scripts)
Links for the day
Free Software is More Naturally Inclusive
large, intolerant, violent companies get painted as a glorious example of United Colours of Benetton
Strong Start for GNU/Linux This Year
based on statCounter
More Tools, Factorising Code
If some things in the site of Gemini capsules don't behave as expected, then that's likely due to a bug
Europe in 2026: Over 5% GNU/Linux, Not Counting Chromebooks
2026 has started strongly
State of Tech Journalism in 2026: Follow the Money
in order to understand what motivates an opinion piece one must follow the money
Slopfarm Says Microsoft's "Biggest Business" is the 'Business' Where It Loses Tens of Billions of Dollars
TOI still pretends to have a lot of output
At the Start of January 2025 Microsoft President Said Microsoft Would Spend 80 Billion Dollars on "AI" Data Centres. That Didn't Happen. Microsoft Laid Off 30,000 Workers, Debt Surged.
Maybe this coming Monday Microsoft will come up with more false promises and vapourware
Links 02/01/2026: Insurrectionist Attacks Musicians Critical of Him With Lawfare, Project Gutenberg Now Has Over 75,000 Books
Links for the day
Decline in LLM Slop About "Linux" is a Good Start for 2026
When the only remaining proponents of slop are slop, which is pretty much what's happening right now, the bubble is popping
EPO People Power - Part XXII - Contact Officials and Inform Your National Representatives (Delegates) of the EPO's Cocainegate
Europe's largest media intentionally covers up serious scandals in Europe's second-largest institution
Slopwatch Still Dead, Not Enough LLM Slop About "Linux"
this is the desirable thing
LibXML2 Will Carry on (Without or With the Name "LibXML2")
The proprietary software boosters are projecting
Gemini Links 02/01/2026: ThinkPad, SHARP Zaurus, Lagrange Handheld Support
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 01, 2026
IRC logs for Thursday, January 01, 2026