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

Cannot Speak About IBM Wrongdoing or Jobs Being Sent Overseas (Lower Salaries)
IBM has long attacked the media, the whistleblowers, and even online forums
European Patent Office (EPO) Series: The CIA-Funded Centre-Left in Portugal
In the political turmoil which followed the fall of the old regime, the communists seemed to be acquiring a dominant position and there was a very real risk that Portugal could end up aligned with the Eastern Bloc if they were not stopped
Yesterday Afternoon The Register MS Published a Fake Article That Says "AI" 31 Times Because It Got Paid to Do This
What will happen when all those loans for slop (Ponzi scheme) stop and companies' marketing budgets - which include media bribes for hype campaigns - are no more?
Extraordinary General Meeting of Staff Union of the European Patent Office Ahead of Intensifying Strikes
We will, in the meantime, run a series about EPO corruption, which is now connected to corruption in Portugal and to corruption inside the EU
European Patent Office (EPO) Series: The Brotherhood of São Bento
The Palácio São Bento – or São Bento Palace – is the seat of the Portuguese National Assembly in Lisbon
 
Links 09/06/2026: "Smartphones Broke Dating" and "EU Open Source Strategy"
Links for the day
This Coming Friday
Richard Stallman (RMS)
Several Slopfarms That Target "Linux" Seem to Have Died
Or perished severely
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 08, 2026
IRC logs for Monday, June 08, 2026
Gemini Links 09/06/2026: Tanana River, Cassette Beasts, and Emacs
Links for the day
IBM's Quantum Bubble Already Deflating
Shares down over $55 in a few days
SLAPP Censorship - Part 101 Out of 200: Women Come to Realise They Don't Wish to Participate in Attacking Vulnerable Women
It relates to another topic that we shall be covering in the coming weeks
Links 08/06/2026: Proprietary Loaded With Security Holes, Armenia Defies Russia
Links for the day
Gemini Links 08/06/2026: NetHack 5.0.0 and Slop as Cannibalism
Links for the day
Links 08/06/2026: "Rising Emissions, Depleting Water" Due to the Pyramid Scheme of Slop; "Canada Needs to Rebuild Public Telecoms"
Links for the day
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.
Gemini Links 07/06/2026: Lynx in the 'Modern' Web and 'Overcooked' (Plagiarised by LLM) Code
Links for the day
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day