Bonum Certa Men Certa

BSA and Novell ♥ Software Patents, Microsoft

[Note: see the comments at the bottom for an alternative point of view.]

"Our partnership with Microsoft continues to expand."

--Ron Hovsepian, Novell CEO



"It’s going very well insofar as we originally agreed to co-operate [with Microsoft] on three distinct projects and now we’re working on nine projects and there’s a good list of 19 other projects that we plan to co-operate on."

--Ron Hovsepian (last week)



Digging up some old news, investors or investigators might find that Novell is not exactly averse to patenting, even after its acquisition of S.u.S.E. and FOSS pretense.



It's worth remembering that SCO contributed to Linux just like Novell. That's how it all began anyway.

The following article from 2005 reveals that Novell not only applies for patents (software patents), but it also buys them.

Utah-based tech concern Novell picks up 39 valuable business to business and web services patents from their bankrupt owner.

[...]

Novell, however, seems content to fulfill that purpose themselves. Public relations at the Orem, Utah firm state the patents will be used defensively and not for generating a licensing revenue stream.

"We have a stated policy that we will use our patents to defend our open-source offerings against potential patent challenges by others," Lowry said. "The acquisition of the Commerce One patents strengthens our ability to do so."


Novell's patents are significant among its assets, which it can use against GNU/Linux rivals and maybe even (Open)Solaris. In theory, Microsoft can use Novell here, either as a front/proxy (think SCO) or as an acquired company. Regardless, Microsoft has other proxies at its disposal.

The BSA, which is a front for Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, is already lobbying for software protocol royalties and software patents in Europe. It turns out that the BSA is now pressuring Obama as well.

BSA lobbies Obama for software patents at the Democratic Convention in Denver



IP-watch tell us that BSA went to lobby Obama at the Democratic Convention in Denver with a list of principles, where the first one is "inspire creativity and innovation through strong, comprehensive, and enforceable intellectual property policies, including copyright, patent and trademark laws." Software patents are definitely on the top of the agenda of American multinationals. BSA does not has any small software company in its members, and Microsoft more active then the other members in using the association as a vector for its purposes.


Matt Asay has been complaining about this for a while. The BSA is actively working to legalise anti-Free software mechanisms such as RAND. Asay's friend, Dave Rosenberg, has just announced that he is leaving MuleSource and only a year ago he wrote the following with request for Asay to bar Novell and Microsoft from OSBC [1, 2, 3, 4, 5]).

Open source companies should boycott Microsoft's ISV corruption event



[...]

This past Friday a IT banking friend and I spoke at length about the upcoming Microsoft event prior to OSBC which is designed to encourage OSS companies to partner and win with Microsoft. The guys at Olliance have been trying to help Microsoft not be such incredible clowns about open source and this event seemed like a good idea.

Nonetheless, I just couldn't convince myself to attend and in fact I was kind of obnoxious about the whole thing. My main issue was that I had zero trust that Microsoft was going to do right by me, my company or the community at large.

This weekend I was proven 100% correct. Microsoft wants nothing more than to kill open source, and is clearly very threatened--far more than we have realized in the past.


At the end, Novell was not banned, even though It should have. It does not help GNU/Linux against a sworn foe, so it's part of the problem.

"We will do some buying of companies that are built around open-source products."

--Steve Ballmer

Comments

Recent Techrights' Posts

Freedom, Not Fame, is His Goal
pursuit of money can be not only tiring but also involve abandoning one's freedom
 
Microsoft Layoffs in October 2026
Microsoft is a market leader. In NDAs.
Links 08/09/2026: "The Green Revolution Has Failed Africa" and Palantir/Microsoft Harming NHS
Links for the day
Microsoft's Silent Layoffs Are the New Normal at Microsoft
Microsoft has a ton of layoffs all the time, but the media isn't mentioning those as no WARN notices get issued
SLAPP Censorship - Part 175 Out of 200: Implicit and Explicit Coalition Against the UK's SLAPP Industry
SRA recognises the problem
Further Transparency Problems at the EPO
The EPO was never meant to be profitable
Gemini Links 08/09/2026: "Everything Must Go", Announcing Perigee, and Presentations in a Browser
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 07, 2026
IRC logs for Monday, September 07, 2026
Alleged Manager at IBM Says "[t]here are likely to be a lot (and I meant, A LOT) of RAs before December."
"We’re getting pressure from above to put some team members on PIPs."
Links 07/09/2026: Amazon Cargo Plane Crash, .org/.net/.com Domains Considered Risky
Links for the day
Gemini Links 07/09/2026: Cheese, Text-based Life, and Icons in Swaybar
Links for the day
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
Getting Better After 20 Years
Exactly two months from now this site is turning 20
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan