Bonum Certa Men Certa

Why Linux Did Not Need Microsoft's Code Injection

Plaster



Summary: The Novell-supported patch brings a software patents debate into Linux and also leverages Windows

Microsoft claims credit for writing a loadable module for Linux, conveniently characterising it as goodwill. Yesterday we wrote about Novell's role in this advancement of Windows [1, 2] (using the massive Linux program, which Novell has rights over). Going back to the roots of this module, it is almost as though Novell invited Microsoft to Linux. Unofficial Microsoft PR blogs seem to confirm Novell's role.



Microsoft Introduces Linux to Software Patents (from the Inside)



Matt Aslett and Jay Lyman from the 451 Group write this Q&A, which concludes with:

Absent the company giving up on software patents altogether, we believe that in order to convince those FOSS advocates that it is serious about co-existence, Microsoft needs to find a way to publicly communicate details about those 200+ patents in such a way that is not seen as a threat and would enable open source developers to license, work around, or challenge them. We also believe that the company is aware of this, although finding a solution to the problem will not be easy. But then neither was contributing code to Linux under the GPLv2.


There is also a Q&A from RedMonk.

“Going back to the roots of this module, it is almost as though Novell invited Microsoft to Linux.”One reader has told us that Horacio Gutierrez, one of the key men behind the racketeering operation against Linux, is now writing about "The new world of patent licensing for Linux" in the company's lobbying blog. "The article describes patent licensing and Linux development under the GPL as something that belongs together," explains the reader, who quotes from the blog: "real-life proof of Microsoft’s desire to build new bridges among industry partners for the benefit of customers, relying on patent licensing agreements as a means of opening up collaboration opportunities by ensuring mutual respect of IP rights and the innovations they protect. This approach is not unique to Microsoft, but is instead the prevalent model for enabling open innovation in the technology world, consumer electronics being an excellent case in point. IP licensing will also continue to play a key role in facilitating the emergence of new categories of exciting devices that embody the convergence of previously disconnected technologies, such as new generations of mobile phones, mini computers like netbooks and smartbooks, and eBook readers."

Who said anything about patents?

As our reader Goblin puts it, what they are trying to say is that "It's OK to claim IP rights... as long as you are open about it... it's a no brainer, Microsoft needs to make money... the shareholders wouldn't like it acting "for the love of computers"... and for the casual observer it may appear happy and fluffy... this changes nothing. It's common sense that Microsoft would want to remove ANY competitor and any gestures made to the Open Source community IMO will be ones that benefit Microsoft. As I say, a proprietary firm doesn't run on kind gestures. This article has just dressed up what we already know."

At IDG, there is a bit of a chronology up for display, but it mostly praises Microsoft towards the end where the lawsuit against TomTom is conspicuously missing. It seemingly sells the impression that Microsoft improved over time.

Microsoft Monday made an historic move by submitting device drivers to the Linux kernel under a GPLv2 license. Microsoft has had a checkered past with both Linux and its open source GPL licensing structure, so the move was a jaw dropper. Here is a look at some of the milestones since Microsoft internal memos leaked in 1998 that attacked the open source Linux operating system as it began to pick up steam as an alternative to Windows.


It Was No "Donation"



Here is the opinion that "Microsoft code cannot taint Linux," but the matter of fact is that code which promotes Windows becomes part of Linux and it remains impossible to reject.

Not for nothing do many people in the FOSS community regard any moves by Microsoft in their direction as suspicious. But in this case, there is one leveller - the General Public License.

This is the same license that has been described as viral by the friendly folk at Redmond. This is one of the reasons why Steve Ballmer has likened Linux to a cancer.


The following explains why Microsoft did not choose the GPL; it was obliged to have it chosen, so it was no donation.

So, if my reasoning is correct, and I am very happy to be corrected, this is what seems to be the order of events:

1. MS want Linux to run on its Hyper-V platform

2. They develop and release drivers that use some GPL code and link to static GPL binaries. I don’t know where that original GPL code came from but it sure would be interesting to find out.

3. These drivers are in breach of the GPL and a third party notices

4. MS are forced, nicely, to comply with the GPL, just like every other organisation whose GPL breaches have been seriously challenged.

So, whilst this is all good and marvallous, especially if you want to run Linux on Windows, keep this other factlet in mind. Microsoft has shaken money out of at least 500 organisations including Linux distributers, claiming IP rights over code they have not written because of patents they refuse to identify in public.

This is an interesting story, but not in the way it is being told. Celebrate because we can chalk it up as a success…to the GPL.


Microsoft was actually pressured to publish the code.

Microsoft was actually pushed by the Linux driver project team to make this week’s historic code submission to the Linux kernel.


It's Business as Usual



More on Microsoft's motives:

Microsoft will play nice with Linux for the time being if it helps Windows Server gain ground as a computing platform in the data center. But the company's ambitious goals haven't changed, and its long-term vision leaves little room for Linux and other open-source technologies.


As our reader Fewa puts it, "I have no problem with them releasing code under the GPL2, it's not a bad thing. But it needs to be noticed that this code does not help Linux. Just like with Xen, it's a method to exert some hardware-side control over Linux and also just to try to get a better position in virtualization."

“Just like with Xen, it's a method to exert some hardware-side control over Linux and also just to try to get a better position in virtualization.”
      --Fewa
Portraying this as generosity and goodwill is a huge stretch. Even Savio Rodrigues, who is sometimes sympathetic towards Microsoft, says that it "was a simple business decision," leading to the possible suspicion that this patch -- just like Mono and Moonlight for example -- is what Novell does for Microsoft to saturate GNU/Linux with code that is favourable to Windows at a technical level (never mind legal implications).

It ought to be added that criticism is deserved by several companies that generally pose a threat to Freedom and work around Linux, but Microsoft is among the very few who try to prevent us from using our operating system of choice, just as it committed violations to deprive OS/2 users of that same privilege. The patch was just business as usual, but PR efforts were blinding to many.

"Microsoft is unique among proprietary software companies: they are the only ones who have actively tried to kill Open Source and Free Software. It's not often someone wants to be your friend after trying to kill you for ten years, but such change is cause for suspicion."

--Bradley M. Kuhn (SFLC)

Comments

Recent Techrights' Posts

IBM's Press Release About Results Mentions "AI" 10 Times, "Quantum" 4 Times
Blah blah blah AI"
Things We Could Do More Than Half a Century Ago But Can No Longer Accomplish
Newer is not always better
Linux Foundation an Enemy of the Planet, Proponent of Pollution and Global Heating
"could the "polluters pay" model be extended to the computing environment and used to take on Microsoft and Microsofters?"
Not Everything Can be Automated
not a new thing
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock
IBM in the Red After Bad Results (Shares Down in After Hours)
Will the CEO step down, retire, of what else?
Gemini Links 22/07/2026: Fault Lines, the Dark Web and Beyond, and Why Substack is Awful
Links for the day
Insult and Injury: Getting Banned, Not Just Sacked, by Microsoft
A former insider spoke about this in public 5 hours ago
Links 22/07/2026: "Dumb Phones" Not Enough to Tackle Harmful Addition, "MPEG-4 Visual's Road to Being [Software] Patent-Free"
Links for the day
Top secret: Cults inquiry submission concealed from public
Reprinted with permission from Daniel Pocock
An Hour Ahead of Alleged 'Results' (Amid Investigation Into Fraud) IBM Falls Back to New Lows
Only cents away from a 52-week low
IBM Headed for Lowest "Value" in 2 Years
In a nutshell, Krishna "can't keep it up" and IBM is now investigated for fraud
Investigation Progressing
There is nothing "funny" about receiving mortal threats for merely reporting information in a civilised country
Anupa Ann Joseph & Debian defamation gang
Reprinted with permission from Daniel Pocock
State of the Invidious Project
Never forget how hostile Google can be towards freedom
Prioritising the Safety of Women is the Best Approach to Foster Diversity in Technical Communities
Debian was never "normative", but that does not mean Debian should have such low standards
IBM Will Report 'Results' Tonight (CET), It's Already Investigated for Securities Fraud
"Five of the biggest US tech giants are carrying $1.65 trillion in debt that does not show up on their balance sheets"
Hardware Has Gotten a Lot Worse, Not Just Far More Expensive
prices go up fast
Amid Claims of Microsoft Bing Layoffs It Seems Like Bing Cannot Even Hold on to Second Place
Yandex is sometimes bigger than Bing
Wikileaks Does Not Publish New Material Anymore, But Wikileaks Still Changes the World
Wikileaks has a legacy that will soon turn 20
Links 22/07/2026: Postal IRCs, PlayStation Kills Discs, Union Action Against Microsoft, "Judge Considers Tossing Databricks Patent Suit Under California anti-SLAPP Law"
Links for the day
Same 'Journalists' Who Published Fake News for IBM (Pump and Dump) Now Write Puff Pieces About the Stock Falling
the media is so compromised
They Called It "Social" and "Media", But It Turned Out to be Slop and Child Porn
Why do any sane people still use social control media?
Age of consent: DebConf26 registered sex offender in Argentina?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: In the Pole Position Despite a Dismal Track Record
António Campinos is an old hand when it comes to such high-level institutional intrigue
Site a Bit Slower Due to Visitors' Load
We'll try to work out better speeds
Gemini Links 22/07/2026: Emacs, Astrology Clock, Arduino, and Rogallo v1.0.0
Links for the day
After Involvement by the Free Software Foundation (FSF) LibreTech and Quibble Gain More Participants
RMS expressed gratitude for people who worked on Quibble and improved LibreJS after many years of inactivity
The Lessons From the Assange Saga
This will not end well
Apple Will Increase Surveillance of Customers, Record Verbal Communications Under the Guise of "Hey Hi"
Apple now drinks that same Kool-Aid
Dave Winer, Blogging Pioneer, Sells Out, Spews Out LLM Slop to Readers
Another one bites the dust [...] Now it's a slopfarm of sorts
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week
Gemini Links 21/07/2026: Nostalgia, Shogi, and New Gemlog System
Links for the day
Guyana: GNU/Linux Rises to New High, 7%
Guyana is part of the trend
Oman: GNU/Linux Up to 7%
It was 5% last year
The Solution is Never 'Free Hosting' in Proprietary GitHub (Microsoft), the Solution is Self-Hosting
Third parties never care about your projects as much as you (yourself) care about them
Only a Matter of Time Before IBM Drops to $199 or a Lot Lower Than That
How long can IBM overload empty shells?
From GAFAM's Perspective, Jeremy Bicha Did Nothing Wrong
All is OK as long as he does not criticise monopolists and billionaires
Bluesky Was Such an Utter Failure That After 18 Months Mozilla Goes Hug a Nazi Platform That Produces Child Porn
What compels Mozilla to come back there? The child pornography scandal? The adorable leader?
GNU/Linux at Grenada Measured at 14% This Month
GNU/Linux was stuck at 0% for a long time
In WordPress, Newer is Not Better (Maybe Better Off With No WordPress at All)
To Hell with bloat and feature churn
As Slop Bubble Implodes (Inevitable), the Dishonest, Corrupt, Compromised Media Tries to Blame "China" Again (Like it Did With "DeepSeek" in Past Years)
Here we go again. We've been there before. Same spin, this time not "DeepSeek" though.
Lots of Microsoft Just Loses Money, Not Earning Money
Due to profitability challenges it's hard to believe Microsoft will ever find a buyer for XBox
Red Hat (IBM) Has Long 'Reassigned' (Bluewashed) Red Hat Staff to Ruin Fedora, Now It Does the Same to GNOME
What next from IBM's Krishna?
Links 21/07/2026: Google Stagnating, Slop 'Apps' Are "Flooding Apple’s App Store"
Links for the day
Gemini Links 21/07/2026: OPNSense Upgrade Problems, Zilog Z80 at 50, and Lessons From Terminator
Links for the day
IBM Lawsuits Over Alleged Fraud Are Piling Up
We'll keep an eye on the lawsuits
Arianna Taite on Odds of Australian (Daniel Pocock) Winning Clacton By-Election
His detractors somehow try to twist or frame him (Pocock) as an impediment to women while the exact opposite is true
This Coming Weekend Marks 4 Years Since We Dumped Content Management Systems (CMSs) in Favour of Static Site Generators (SSGs)
the first page dated July 25
Slop's Latest Casualty: The Credibility of Linus Torvalds
If you care about millionaires and billionaires, follow Torvalds (he is already in that "club")
Techrights Will Become More Productive (More Output) Over Time
Big stories about to land
Touch Grass
Happiness involves what humans have evolved to appreciate, not what humans create to sedate the mind (like skinnerboxes)
The Cyber Show on Technology Having Become a Tool of Mass Psychosis, Not Enablement or Emancipation
Technology as mass psychosis
The Rumour Said That a Second Wave of Microsoft Layoffs Would Come This Week (Ahead of Fake 'Results'), Maybe Tomorrow
Let's wait and see how "MSM" unfold
To Wikipedia, "Notability" is Just an Excuse to Hail People Who Serve Billionaires While Marginalising or Defaming the Rest
Wikipedia is an advertising space
Our Series About Solicitors Regulation Authority (SRA) and SLAPPs Will Resume Soon
Originally, in 2025, we gave ourselves 6 years (until 2031) to cover these issues, but we've seen since extended that to 10 years (until 2036) because of the amount of material we have
European Patent Office (EPO) Series: The EPO Transparency Gap
Despite the "European" tag in the organisation's name, the European Union has no jurisdiction over the European Patent Organisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 20, 2026
IRC logs for Monday, July 20, 2026
Links 20/07/2026: Lashes for Songs in Iran, Kurdish Language at Risk
Links for the day
Gemini Links 21/07/2026: The Boss Baby (2017) and 2026 Old Computer Challenge Epilogue
Links for the day