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

IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
 
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day