Bonum Certa Men Certa

In re Bilski May Show That Novell Harnesses Microsoft's FUD

"[The Novell/Microsoft package] provides IP peace of mind for organizations operating in mixed source environments."

--Ian Bruce, Novell's PR Director



This is not the first time that it's pointed out [1, 2], but Novell clearly uses Microsoft's FUD against GNU/Linux to its own advantage. Just watch this new press release.

Marking the two-year anniversary of their agreement to build a bridge between SUSE Linux Enterprise Server and Windows, Microsoft and Novell, are celebrating strong customer demand for their business model and strategy that provides interoperability and intellectual property (IP) peace of mind.


Again, it's worth stressing that this is not the first time that Novell markets itself using "intellectual property peace of mind" [1, 2, 3], as if to say: "buy GNU/Linux from us (and from Microsoft, which gets paid patents royalties) or very horrible things may happen to you."

"I've heard from Novell sales representatives that Microsoft sales executives have started calling the Suse Linux Enterprise Server coupons "royalty payments""

--Matt Asay, April 21st, 2008



In the last part of Groklaw's analysis of the Bilski case, the conclusion is as follows:

Speaking for myself, I'd have to say I feel a lot less threatened by Microsoft than I did a year ago. Don't you? I can't help but wonder if there ever would have been a "patent peace" deal between Novell and Microsoft if Bilski had been decided earlier.


So, here we have Novell which instead of touting the end of software patents (many of them anyway) is marketing and promoting these patents in press releases, trying to use these to its own advantage (or rather, to other vendors' disadvantage).

Whereas Red Hat came out with a formal statement praising the re Bilski decision, Novell seemed silent on the subject. Unless we missed Novell's statement, what does that say about Novell?

There are some more analyses coming, most of which confirm that software patents where there is no transformation of an article to a different state or thing (or the invention is untied to a particular machine), there is no sufficient merit for a patent. This rules out the vast majority of existing software patents, according to some assessments like that from the Free Software Foundation.

Myers predicts that the next wave of business method litigation will focus "on what degree of computerized involvement you have to have in order to meet the threshold."


Over in Europe, the Community patent seems to be going nowhere, which is good news too.

Delegates at the Fourth European Judges’ Forum, which has recently ended in Venice, have issued a statement deploring the apparent slowdown in negotiations over the creation of a Community patent and a single European patent jurisdiction.


Let them whine. Novell too seems to be interested in software patents broader intellectual monopolies and it is still applying for them. Novell needs these monopolies to exist. Why else would anyone choose its Microsoft-taxed GNU/Linux distribution over the competition, which is cheaper and better?

From a legal perspective, Novell continues to be part of the problem, as opposed to the solution to it. It's milking the community.

Linux gives blood to Novell

Recent Techrights' Posts

Linux Foundation is a Mediator for Microsoft et al, Not for Small Companies That Support Rather Than Attack the GPL
Many people still wrongly assume that because it is called "Linux Foundation", then it is pro-Linux and represents the same mindset
This Past Friday, Confirming What We Said All Along About Brett Wilson LLP: It's Shrinking, Has Considerable Debt, Loss of Net Assets Despite the Microsoft SLAPP Money
The documents only became publicly available less than 2 days ago
There Was Always Too Much 'Crazy Stuff' Going on Around Freenode
What many IRC users lost sight of
Exposing Crime is Not a Crime (It Never Was)
In the eyes of rich and powerful people, those who speak about their crimes are the "criminals"
 
Links 08/06/2025: Tiananmen Carnage Censorship Persists, North Korean Goes Offline
Links for the day
Gemini Links 08/06/2025: Love as an Ethnographic Method and Monitorix Gemini-Frontend v0.1
Links for the day
Links 08/06/2025: Exposure of More GAFAM Surveillance and Social Security Records Compromised
Links for the day
Some of the Many Reasons We Sued Microsofters for Harassment
perpetrators of harassment
For 20 Years Many People Were Sharecropping for Canonical's Oligarch, Now He's Deleting All Their Contributions
"Ubuntu has erased instead of archiving the trove of material at Ubuntu Forums"
GNU/Linux Distros Abandoning Microsoft GitHub
Will curl be next to leave Microsoft GitHub?
Expect More XBox Mass Layoffs Soon If the Rumours Are True
From a Microsoft media operative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 07, 2025
IRC logs for Saturday, June 07, 2025
Europe Needs to Move Away From GAFAM; The Sooner, the Better
Europe - not just the EU - must abandon GAFAM as soon as possible
The Issue Isn't GNOME's Promotion of Diversity But GNOME Corruption, Abuse, Censorship, and Worse
So-called "Conservative" (republican, pro-Trump, bigoted) people want you to think the problem with GNOME is politics
When the News Sources Become Scarce and Increasingly Full of Polluted/Contaminated 'Content' (With LLM Slop and Slop Images)
Integrity matters
"Linux" Sites That Spew Out LLM Slop
We're lacking enough material for another "Slopwatch"
Abuse Inside the Polish Patent Office (UPRP) - Part V: Breaking the Law, Just Like EPO
We'll hopefully cover some of the pertinent details later this year
Links 08/06/2025: Security Lapses, CISA Cuts, and More
Links for the day
Gemini Links 07/06/2025: Mime Types and Geminisphere Introduction
Links for the day
Links 07/06/2025: Slop Companies Retain All Private Data, More Books Banned in the US
Links for the day
Gemini Links 07/06/2025: "A Monk's Guide to Happiness" and "Wireless Earbuds"
Links for the day
Links 07/06/2025: More Rumours of Mass Layoffs in Microsoft's XBox Division, New COVID Variant
Links for the day
Drug Addiction is a Real Problem, It Destroys Families
a rather sensitive matter
Abuse Inside the Polish Patent Office (UPRP) - Part IV: Political Scrutiny and Errors/Inconsistencies in Official Documents
When such organisations receive scrutiny they start focusing on cover-up and muzzling of facts (or crushing people who say the truth)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 06, 2025
IRC logs for Friday, June 06, 2025
Slopwatch: LinuxTechLab, Planet Ubuntu, Anti-Linux FUD, and Microsoft SPAM
It's not easy to altogether avoid take articles these days
Gemini Links 06/06/2025: "MBA Tear" and Slop ('AI') as Plagiarism
Links for the day
Links 06/06/2025: "Convicted Felon and MElon Trade Insults" and Europe Snubbed by US Again
Links for the day
Links 06/06/2025: Microsoft XBox Bracing For More Mass Layoffs, Climate Disaster, Fake 'Money' Tokens From US President
Links for the day
Gemini Links 06/06/2025: Vanishing Cultures and MElon Implosion
Links for the day
Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025