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

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
Karen Melchior Fought the Good Fight
stay tuned for Part 29
 
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
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
Canonical Staff Acting Like They Aim to Receive Job Offers From Microsoft
There are moreover allegations that Debian will do the same, in the same way Mono boosters infected both distros in tandem or in turn.
Worsening Staff Affairs at Microsoft
Microsoft is managing to piss off many of its own workers
Czech Mate for GNU/Linux on the Way
Czechoslovakia is having none of that "peace for our time" with Microsoft
Nobody Will be Left Who Trusts IBM Anymore
The common theme is, the management must be completely replaced as soon as possible and truth needs to come out
Wall Street is a Bubble and No Company is Worth 5 Trillion Dollars
It's not hard to see which stocks will crash the hardest (or fastest)
The Corrupt Have Historically Tried to Paint Their Exposers as the Real Problem
As usual, there are efforts to shoot or muzzle the messenger
Search Engine Market Share in Italy: Microsoft Falls to Third in Many Countries Including Italy
Expect more layoffs in Bing
Links 20/07/2026: Spotify Drowning in Slop, Expiry of Software Patents in MPEG-4
Links for the day
Gemini Links 20/07/2026: Another Step Towards Owning Personal Data and Gemtext2 Envisioned
Links for the day
European Patent Office (EPO) Series: Public Missions and Private Ambitions
Despite the French government's strong formal pushback, the lobbying momentum generated by Campinos and Negrão proved unstoppable
"DOOM" and "Bloodbath": the State of Microsoft and XBox
Way to piss off fans
Links 20/07/2026: Notes on E-mail Encryption, Torvalds and His Employer Paid a Lot to Promote Slop (Pyramid Scheme)
Links for the day
What a Difference Six Years Make...
We are also beta-testing a new feature for the site; we plan to announce it some time soon
When It Comes to Slop, Richard Stallman is Opposite of Linus Torvalds
When it comes to computing, Dr. Stallman has long been a voice of reason
Daniel Pocock is in Mainstream Media This Week
Pocock's haters will absolutely hate this
In His Departure Post, Poul-Henning Kamp (phk) Explains Why Linus Torvalds is Full of "Hot Air" and Slop Bubbles
Having lived through previous bubbles as a UNIX geek, phk cannot be ignored
Whistleblowers Keep Flowing
Later today a police investigator should phone us regarding death threats we've received
We Need Less Gadgets, More Humanity
If people are being honest with themselves, many of the gadgets they claim they "cannot live without" are just excesses and distractions they could definitely leave behind
Technology and Gadgets Got Obese, Just Like Their Users
They now sell us so-called 'phones' for slop
Daniel Pocock in The Guardian This Morning
There is an opportunity here to spread a message, even if Pocock won't win a seat
"Samsung Recently Projected a 19-fold Surge in Second-Quarter Operating Profit", Now There Are Mass Layoffs
In a 9-month period Samsung's debt rose by about 80%
Gemini Links 20/07/2026: Dungeon Meshi/Undertale Crossover, "The Hitchhiker’s Guide to the Dark Web and Beyond"
Links for the day
IBM's Control of the Media "Just Showed What Taking Accountability Does Not Look Like"
It is no secret that IBM pays the media
Microsoft Loses XBox Lawsuit, But There Are More
The collapse of studios continues
GNU/Linux Approaching International Average in Djibouti
One can envisage further gains for GNU/Linux, seeing Microsoft is in such a bad shape
Daniel Pocock "[t]he Australian Taking on Nigel Farage — from Down Under"
This can help raise awareness of some issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 19, 2026
IRC logs for Sunday, July 19, 2026
Misleading Coverage in Slashdot Promotes and Openwashes Slop
Piggybacking RMS for the headline seems like a PR stunt of sorts
As Envisioned, a Rebellion and Many Whistleblowers at Microsoft
Whistleblowers ensure Microsoft has totally lost control of the "narrative" (face-saving PR)
Microsoft is a Right-Wing Company
Just remember that when people call Microsoft "woke"
GNU/Linux "Market Share" Rises to About a Quarter in Sudan
Can anyone explain to us why?
Gemini Links 19/07/2026: Visiting Ethiopia, Two Dreams, and Price of Skinnerboxes
Links for the day
Tears in IBM, Company Falls Apart While Management Fakes "Performance" to Take Bonuses
Wall Street is a naked emperor
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026