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

XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
 
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026