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

Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
43rd Anniversary of the GNU Project Announcement
Coming soon
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
 
Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day
Links 17/09/2026: Studio Closures and Negative Rumours About Microsoft XBox Again
Links for the day
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026
IBM's Anderon Another Opportunity for Debt-Loading, Publicity Stunts, Maybe Hidden Layoffs
Anderon is like Theranos
In Praise of 7 Years of Alex Oliva in the FSF, Not IBM
Thank you, Mr. Oliva, for 7 years of uncompressing advocacy and perseverance
SLAPP Censorship - Part 186 Out of 200: Love (Always Commands)
This coming Friday we celebrate our wedding anniversary
With Half of September Finished Clownflare Radar Sees GNU/Linux at 7% "Market Share"
On desktops/laptops
Linux Kernel Becoming a Slopfest - Part 2 - Bribes From Slop Pushers Divide Us
Money can and does divide people
Gemini Links 16/09/2026: Cards, Nature, and Conspiracy Theorists
Links for the day
Links 16/09/2026: Proprietary Chatbots Company Lets Humans Moderate Chatbots, "Putin Looking to See How Far he Can Push NATO"
Links for the day
The Only Still-Supported Version of Windows Breaks Itself (Again), the Microsoft Layoffs Will Carry on in Secret
In the US they marked about 7% for removal just this past summer
Wikileaks Turns 20 Just 18 Days From Now
it's fair to say they've endured online, but aren't lively/active
The Cyber Show Debunks the Alleged Intelligence in Slop
It's shorter than usual
Expecting Failure
Some things would not happen to technology (tech) experts because they know how things work and what to expect (or watch out for)
Links 16/09/2026: US Running Low/Out of Some Ammo Due to Wars, Slop Bots "Are Using an Outrageous Amount of Electricity"
Links for the day
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026